HB143

SECTION 1. The legislature finds that, in recent years, Mauna Kea has symbolized a rigid dichotomy between culture and science, often leading to polarization between Mauna Kea stakeholders. Many people perceived that Mauna Kea was being managed without sufficient and genuine consultation with the Native Hawaiian community, which had the cumulative effect of degrading trust between the community and those responsible for managing Mauna Kea.

To overcome this dichotomy and facilitate a more harmonious coexistence of activities atop Mauna Kea in a culturally sensitive manner, the legislature enacted Act 255, Session Laws of Hawaii 2022 (Act 255), which established the Mauna Kea stewardship and oversight authority. The major reforms offered by Act 255 were intended to be a step toward restoring trust and balance in the stewardship of Mauna Kea.

The legislature further finds that the creation of the Mauna Kea stewardship and oversight authority was meant to be a pivot point in the history of Mauna Kea, rather than a final resolution. Section 195H-1, Hawaii Revised Statutes, expressly recognizes that additional amendments relating to the Mauna Kea stewardship and oversight authority would be necessary to address principles and details surrounding Mauna Kea that had not yet been ascertained when Act 255 became law.

Accordingly, this Act makes certain amendments relating to the Mauna Kea stewardship and oversight authority, as contemplated under section 195H-1, Hawaii Revised Statutes, to ensure that a mutually beneficial balance is maintained for Mauna Kea and the people of Hawaii.

The purpose of this Act is to clarify that:

(1) The Mauna Kea stewardship and oversight authority shall not apply for a conservation district use permit pursuant to chapter 183C, Hawaii Revised Statutes, on behalf of or jointly with a lessee, and that the lessee shall serve as the applicant for any conservation district use permit that may be required for conservation district lands subject to the lessee's lease;

(2) Following the end of the transition period pursuant to section 195H-6, Hawaii Revised Statutes, the Mauna Kea stewardship and oversight authority shall be the regulatory authority responsible for approving or denying a conservation district use permit and ensuring each lessee's compliance with a conservation district use permit;

(3) The Mauna Kea stewardship and oversight authority may apply to the board of land and natural resources for a conservation district use permit for proposed uses that do not solely benefit a specific lessee, including for improvements and repairs of common elements; and

(4) Certain conservation district use permits that are in effect as of July 1, 2028, to which the university of Hawaii is a permittee or other named party, shall not be transferred to the Mauna Kea stewardship and oversight authority.

SECTION 2. Chapter 195H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§195H- Conservation district use permits; applications; roles of the authority and lessees. (a) The authority shall not apply for a conservation district use permit pursuant to chapter 183C on behalf of, or jointly with, a lessee. Each lessee shall:

(1) Serve as the applicant; and

(2) Be responsible for applying,

for any conservation district use permit that may be required by law for any conservation district lands subject to the lessee's lease, except as provided in subsection (c).

(b) After the end of the transition period pursuant to section 195H-6, the authority, rather than the board of land and natural resources, shall serve as the regulatory body that approves or denies conservation district use permits requested under subsection (a) and ensures each lessee's compliance with the requirements of the conservation district use permit.

(c) Notwithstanding subsections (a) and (b), the authority may apply to the board of land and natural resources for a conservation district use permit pursuant to chapter 183C for uses that do not solely benefit a specific lessee, including improvements and repairs of common elements. The board of land and natural resources shall have the authority to approve or deny a permit requested under this subsection and shall serve as the regulatory body that ensures the authority's compliance with the requirements of the conservation district use permit.

(d) As used in this section, "lessee" means a person to whom a lease is issued under section 195H-12."

SECTION 3. Act 255 Session Laws of Hawaii 2022, is amended by amending section 7 to read as follows:

"SECTION 7. (a) On July 1, 2028, all rights, powers, functions, and duties of the [~~University~~] university of Hawaii relating to the powers and responsibilities granted to the Mauna Kea stewardship and oversight authority under part I of this Act are transferred to the Mauna Kea stewardship and oversight authority.

(b) Notwithstanding the transfer of all rights, powers, functions, and duties pursuant to subsection (a), the state lease by and between the board of land and natural resources and the [~~University~~] university of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, shall remain in full force and effect until its expiration unless otherwise specifically amended pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [~~University~~] university of Hawaii.

(c) Upon the assignment of all rights, powers, and duties of the [~~University~~] university of Hawaii to the Mauna Kea stewardship and oversight authority pursuant to subsection (a), the university of Hawaii shall be released from any and all obligations under the state lease by and between the board of land and natural resources and the [~~University~~] university of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, and any conservation district use application permits appertaining thereto, unless otherwise specifically agreed upon pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [~~University~~] university of Hawaii; provided that the transfer and release authorized under this subsection shall not apply to any litigation pending on June 30, 2028, relating to General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, or any conservation district use application permit appertaining thereto, to which the [~~University~~] university of Hawaii is a party.

(d) Notwithstanding subsection (b) or any action that is a consequence of this Act, including a merger of interests, effective July 1, 2028, every reference to the department of land and natural resources, board of land and natural resources, or the chairperson of the board of land and natural resources in those deeds, leases, subleases, contracts, loans, agreements, permits, or other documents relating to Mauna Kea lands shall be construed as a reference to the Mauna Kea stewardship and oversight authority or the chairperson of the authority, as appropriate; provided that all deeds, leases, subleases, contracts, loans, agreements, permits, or other documents executed or entered into prior to the effective date of this Act, by or on behalf of the department of land and natural resources or the board of land and natural resources pursuant to the Hawaii Revised Statutes that are reenacted or made applicable to the Mauna Kea stewardship and oversight authority by this Act, shall remain in full force and effect until its expiration unless otherwise specifically amended pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [~~University~~] university of Hawaii.

(e) Notwithstanding subsections (a) through (d) to the contrary, the following conservation district use permits in effect as of July 1, 2028, to which the university of Hawaii is a permittee or other named party, shall not be transferred to the Mauna Kea stewardship and oversight authority:

(1) Conservation district use permit 0954 (Air Force Telescope, Planetary Patrol Telescope, 2.2 Meter Telescope);

(2) Conservation district use permit 1515 (James Clerk Maxwell Telescope);

(3) Conservation district use permit 0653 (United Kingdom Infrared Telescope);

(4) Conservation district use permit 0527 (Canada‑France‑Hawaii Telescope);

(5) Conservation district use permit 1492 (Caltech Submillimeter Observatory);

(6) Conservation district use permit 2691 (Gemini North);

(7) Conservation district use permit 2462 (Subaru Telescope);

(8) Conservation district use permit 2728 (Submillimeter Array);

(9) Conservation district use permit 3568 (Thirty Meter Telescope);

(10) Conservation district use permit 0653 (Infrared Telescope Facility);

(11) Conservation district use permit 2174 (Very Long Baseline Array);

(12) Conservation district use permit 1646 (W. M. Keck Observatory I); and

(13) Conservation district use permit 2509 (W. M. Keck Observatory II).

The university of Hawaii shall continue to serve as the named permittee or other named party as provided under the permit, subject to the oversight and regulatory authority of the Mauna Kea stewardship and oversight authority pursuant to section 195H- ."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	143
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII