RELATING TO MAUNA KEA.

HB143

HOUSE OF REPRESENTATIVES

H.B. NO.

143

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO MAUNA KEA
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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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.
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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.

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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.
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The major reforms
offered by Act 255 were intended to be a step toward restoring trust and
balance in the stewardship of Mauna Kea.

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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.
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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.

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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.

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The purpose of this Act is to
clarify that:

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(1)
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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;

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(2)
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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;

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(3)
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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

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(4)
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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.

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

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"
�195H-
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Conservation district use permits;
applications; roles of the authority and lessees.
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(a)

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The authority shall not apply for a
conservation district use permit pursuant to chapter 183C on behalf of, or
jointly with, a lessee.
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Each lessee shall:

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(1)
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Serve as the applicant;
and

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(2)
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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).

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(b)
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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.

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(c)
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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.
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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.

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

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

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"
SECTION 7.
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(a)
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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.

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(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.

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(c)
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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.

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(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.

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(e)
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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
:

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

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

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

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

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

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

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

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

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

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

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

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

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(13)
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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-
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.
"

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

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

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

INTRODUCED
BY:

_____________________________

Report Title:

Mauna Kea
Stewardship and Oversight Authority; BLNR; UH; Lessees; Conservation District
Use Permits; Applications

Description:

Amends
the conservation district use permit application, approval, and oversight responsibilities
of the Board of Land and Natural Resources, Mauna Kea Stewardship and Oversight
Authority, and lessees.
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Provides that certain

conservation district use permits that are in effect as of 7/1/2028, 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.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.