Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Water, Land, and Agriculture and Higher Education, to which was referred S.B. No. 1474 entitled:

beg leave to report as follows:

The purpose of this measure is to direct the Auditor to evaluate the existing approval and decision-making procedures for the Mauna Kea Science Reserve and determine the feasibility and necessity for the creation of a Mauna Kea Science Reserve Authority.

Testimony in support of this measure was submitted by the Hawaii Government Employees Association, KAHEA, the Hawaiian-Environmental Alliance, Mauna Kea Anaina Hou, the Royal Order of Kamehameha I, Sierra Club, and one individual. Testimony in opposition to this measure was submitted by the Department of Land and Natural Resources. Comments were also submitted by the University of Hawaii Interim Vice President for Research and the University of Hawaii at Hilo Office of Mauna Kea Management.

The Office of Mauna Kea Management was established under the University of Hawaii Hilo to assume the authority for overall management of operational matters and minor projects of the Mauna Kea Science Reserve. Mauna Kea is now considered one of the world's premier sites for astronomical research because the rarified atmosphere surrounding its summit makes for excellent viewing conditions. Mauna Kea now hosts the world's premier observatories, which are owned by some of the wealthiest nations. In consideration for their use of the Mauna Kea summit, these nations pay the University of Hawaii (UH) one dollar per year in lease rent, or no lease rent at all, provided that the University receives limited use of the observatories. The astronomy research facilities located on the summit of Mauna Kea bring international recognition and status to the UH and its Institute for Astronomy. Supporting national and international astronomy programs is an important goal and acknowledges the scientific and educational benefits that can be realized from these endeavors.

However, your Committees find that there is still some public dissatisfaction with the management structure. Thus, your Committees find that there is a need to consider a new project approval process for development within the Mauna Kea Science Reserve. Such an approval process should ensure that decision-making procedures are open to public scrutiny.

Your Committees further find there is a need for the Auditor to analyze the transfer of management authority of the science reserve to a new Mauna Kea Science Reserve Authority. This consideration is aimed at ensuring that the management of the science reserve is conducted in an independent manner that is in the State's best interests. The resulting management scheme must protect the area's natural, cultural, and historic resources while it adequately and timely addresses the concerns of local groups with a strong interest in the mountain. A new and independent management authority would create and implement the necessary management and fiscal processes to protect the important natural, cultural, and historic resources of the science reserve, while giving due consideration to its multiple-use management objectives.

Your Committees have amended this measure by making clarifying amendments to the purpose section to more accurately reflect proposals provided in public testimonies about the management plan and the authority for projects at the Mauna Kea Science Reserve.

As affirmed by the records of votes of the members of your Committees on Water, Land, and Agriculture and Higher Education that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1474, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1474, S.D. 1, and be referred to the Committee on Ways and Means.