RELATING TO THE MAUNA KEA STEWARDSHIP AND OVERSIGHT AUTHORITY.

HB2592

HOUSE OF REPRESENTATIVES

H.B. NO.

2592

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to the mauna kea stewardship and oversight authority
.

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

PART I

����
SECTION
1.
�
The legislature finds that
refinements
to the law that affirm the Mauna Kea stewardship and oversight authority's role
and powers will ensure that management of Mauna Kea continues to embody a
paradigm of balance and reciprocity that protects the mountain's sacred and
ecological character, perpetuates Native Hawaiian traditional and customary
rights, and supports Hawaii's global leadership in astronomy.

����
The
legislature recognizes that Mauna Kea is a rare and extraordinary place that
evokes profound cultural, spiritual, environmental, and scientific
significance.
�
The summit region
encompasses fragile ecosystems, important historical and archaeological sites,
and sacred landscapes interwoven into the fabric of Native Hawaiian
identity.
�
At the same time, Mauna Kea's
unique topography and atmospheric conditions have made it the world's premier
site for astronomical research, enabling countless advancements in humanity's
millennia-long yearning to comprehend the principles, origins, and evolution of
the cosmos.

����
The
legislature acknowledges that due to this confluence of significance, decades
of tension have arisen over stewardship of the mauna.
�
In 2022, the legislature established the
Mauna Kea stewardship and oversight authority through Act 255, Session
Laws of Hawaii 2022, to govern Mauna Kea in a more harmonious and collaborative
manner by requiring that the governance be with mutual stewardship and balance
as guiding principles.
�
The legislature
charged the authority to manage Mauna Kea through a mindset that honors and
perpetuates Native Hawaiian cultural practices, safeguards natural resources,
and allows for the responsible advancement of astronomy while maintaining the
mountain's spiritual, cultural, and environmental integrity.
�
The legislature believes that the governance
provided by the Mauna Kea stewardship and oversight authority will bring about
an era of mutually beneficial coexistence between all parties with interest in
Mauna Kea.

����
The
legislature further recognizes the need for continued refinement of the Mauna
Kea stewardship and oversight authority's jurisdiction and
responsibilities.
�
Strengthened guidance
will ensure that the authority manages Mauna Kea with transparency,
accountability, and respect through the bedrock values of mauna aloha,
`
ōpū
kūpuna, holomua
`
oi
kelakela, kānāwai,
`
ohana, and kuleana.

����
Accordingly,
the purpose of this Act is to clarify the powers of the Mauna Kea stewardship
and oversight authority so that it may properly carry out its responsibilities
regarding land use on Mauna Kea.

PART II

����
SECTION
2.
�
The purpose of this part is to
clarify the intent of Act 255, Session Laws of Hawaii 2022, by explicitly
declaring that the transfer of the real property interests in the lands of
Mauna Kea to the Mauna Kea stewardship and oversight authority on July 1,
2028, shall occur as a matter of law.

����
SECTION
3.
�
(a)
�

In accordance with the intent of Act 255, Session Laws of Hawaii 2022,
all interests to the parcels of land described in subsection (c), together with
the existing improvements thereon for which the State of Hawaii holds as fee
owner or lessor are conveyed by the State of Hawaii to the Mauna Kea
stewardship and oversight authority as grantee, as is, where is, as a matter of
law.
�
The Mauna Kea stewardship and
oversight authority shall accept the fee and lessor interests in the properties
in their existing condition; provided that any existing claims or liability
that exists, may have existed, or may exist in the future regarding any injury,
loss, cost, damage, or liability, including reasonable attorneys' fees,
concerning the physical, environmental, soil, economic, and legal conditions of
the properties, shall not be transferred to the Mauna Kea stewardship and
oversight authority.
�
All claims and
liabilities against the State and its agencies, if any, that exist, may have
existed, or may exist in the future, regarding any injury, loss, cost, damage,
or liability, including reasonable attorneys' fees, concerning the physical,
environmental, soil, economic, and legal conditions of the properties, is
released, waived, and extinguished.

����
(b)
�
In accordance with the intent of Act 255,
Session Laws of Hawaii 2022, all interests to the parcels of land described in
subsection (c), together with the existing improvements thereon for which the
university of Hawaii holds as lessee are conveyed by the university of Hawaii
to the Mauna Kea stewardship and oversight authority as grantee, as is, where
is, as a matter of law; provided that this conveyance shall not apply to the
conservation district use permits transferred under section 7(e) and (f) of Act
255, Session Laws of Hawaii 2022, as amended by this Act.
�
The Mauna Kea stewardship and oversight
authority shall accept the lessee interests in the properties in their existing
condition; provided that any existing claims or liability that exists, may have
existed, or may exist in the future regarding any injury, loss, cost, damage,
or liability, including reasonable attorneys' fees, concerning the physical,
environmental, soil, economic, and legal conditions of the properties, shall
not be transferred to the Mauna Kea stewardship and oversight authority.
�
All claims and liabilities against the State
and its agencies, if any, that exist, may have existed, or may exist in the
future, regarding any injury, loss, cost, damage, or liability, including
reasonable attorneys' fees, concerning the physical, environmental, soil,
economic, and legal conditions of the properties, shall be released, waived,
and extinguished.

����
(c)
�
The parcels to be
conveyed by the department of land and natural resources to the Mauna Kea stewardship
and oversight authority are those parcels included in the lease by and between
the board of land and natural resources and the 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.

����
(d)
�
As these are conveyances in which the State
and its agencies are the only parties, the tax imposed by section 247-1, Hawaii
Revised Statutes, shall not apply.

����
(e)
�
As used in this section, "agency"
has the same meaning as in section 37-62, Hawaii Revised Statutes.

PART
III

����
SECTION 4.
�
The purpose of this part is to
require
the university of Hawaii to negotiate for the transfer of the various
astronomical observatory conservation district use permits to the applicable
astronomical observatories so that when governance by the Mauna Kea stewardship
and oversight authority begins, the authority will not be in conflict.

����
SECTION 5.
�
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)
�
The university of Hawaii shall transfer the
applicable conservation district use permit and its rights and obligations
under the permit to each astronomical observatory, subject to terms approved by
the president of the university of Hawaii and the receiving astronomical
observatory; provided that, prior to the transfer required under this
subsection, the university of Hawaii shall not amend the terms and conditions
of any permit subject to this subsection.
�
Since the terms and conditions of each conservation
district use permit transferred pursuant to this subsection will not be
amended, the transfer of any conservation district use permit that existed
prior to the effective date of this Act to an astronomical observatory under
this subsection shall not be subject to any additional regulatory requirement,
including any requirement under chapter 343, Hawaii Revised Statutes.

����
For
purposes of this subsection, "applicable conservation district use
permit" means the conservation district use permit in effect at the time
of transfer, applicable to the receiving astronomical observatory, and to which
the university of Hawaii is the named permittee or other named party.

����
(f)
�
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 has not completed the
transfer under subsection (e),
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 until
the permit is transferred to the appropriate astronomical observatory.
"

PART IV

����
SECTION 6.
�
The
legislature finds that the
Mauna Kea stewardship and oversight authority is currently developing permanent
and detailed master, management, and financial plans; frameworks for
astronomy-related development; and administrative rules.
�
These documents must be cultivated in a
deliberate and mindful way.
�
However, the
legislature
also recognizes that there is limited time before the end of
the statutorily established five-year transition period, after which the Mauna
Kea stewardship and oversight authority will assume full management of Mauna
Kea.
�
Due to these time constraints, the
Mauna Kea stewardship and oversight authority's permanent plans and rules may
not be formally adopted before the end of the transition period on July 1,
2028.

����
Accordingly,
the purpose of this part is to clarify that the existing plans and
administrative rules under which Mauna Kea is currently governed shall continue
in full force and effect until a superseding master plan, management plan, or
administrative rules, or any portion thereof, adopted by the Mauna Kea
stewardship and oversight authority, takes effect.

����
SECTION 7.
�
(a)
�

Notwithstanding section 195H-6(b)(2), Hawaii Revised Statutes, or any
other law to the contrary, the existing master plan, management plan, and
administrative rules adopted or developed by the university of Hawaii to
implement provisions of the Hawaii Revised Statutes that are:

����
(1)
�
Repealed by part IV of Act 255, Session Laws
of Hawaii 2022; or

����
(2)
�
Otherwise reenacted or made applicable to the
Mauna Kea stewardship and oversight authority by Act 255, Session Laws of
Hawaii 2022,

shall remain in full force and effect, including
times subsequent to July 1, 2028, until a superseding master plan, management
plan, or administrative rules, or any portion thereof, adopted by the Mauna Kea
stewardship and oversight authority, takes effect.
�
The Mauna Kea stewardship and oversight
authority, when adopting a superseding master plan, management plan, or
administrative rule, or any portion thereof, shall affirmatively state through
a public notice issued in accordance with section 1-28.5, Hawaii Revised
Statutes, which existing plan or rule, or portion thereof, is superseded.

����
(b)
�
If the existing master plan, management plan,
and administrative rules adopted or developed by the university of Hawaii
remain in effect after July 1, 2028, every reference to the university of
Hawaii, center for Mauna Kea stewardship, office of Maunakea management, board
of regents, president of the university of Hawaii, or other similar term in the
master plan, management plan, or administrative rule is amended to refer to the
Mauna Kea stewardship and oversight authority, unless the context clearly
requires otherwise.

PART V

����
SECTION 8.
�
The legislature finds that the Mauna Kea
stewardship and oversight authority, as
an arm of the State, should have
the same sovereign immunity available to other administratively attached state
agencies.

����
Therefore,
the purpose of this part is to clarify that the Mauna Kea stewardship and
oversight authority falls under the State's sovereign immunity by explicitly
making section 26‑35(b), Hawaii Revised Statutes, applicable to the
authority.

����
SECTION
9
.
�
Section 195H-3,
Hawaii Revised Statutes, is amended by amending subsection (a) to read as
follows:

����
"(a)
�
There is established
the
Mauna Kea stewardship and oversight authority
, which shall be a body
corporate and a public instrumentality of the State for the purpose of
implementing this chapter.
�
The authority
shall serve jointly with the University of Hawaii in fulfilling the obligations
and duties under the state lease for a period of five years as established in
section 195H-6.
�
The authority shall be
placed within the department of land and natural resources for administrative
purposes; provided that section [
26-35
]
26-35(a)
shall not apply
to the authority."

PART VI

����
SECTION 10.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

����
SECTION 11.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 12.
�
This Act shall take effect upon its approval.

INTRODUCED
BY:

_____________________________

Report Title:

Mauna
Kea; MKSOA; UH; Conservation District Use Permit; Transfer; Astronomical
Observatories; Lease Transfer; Fee Transfer; BLNR; DLNR; Continuity of Plans
and Administrative Rules; Sovereign Immunity

Description:

Clarifies
the powers of the Mauna Kea Stewardship and Oversight Authority so that it may
carry out its intended duties regarding land use on Mauna Kea.
�
Part II:
�

Transfers as a matter of law certain real property interests in the
Mauna Kea lands to the Mauna Kea Stewardship and Oversight Authority.
�
Part III:
�

Requires the University of Hawaii to transfer the various Mauna Kea
astronomical observatory conservation district use permits to the astronomical
observatories.
�
Part IV:
�
Provides that the
existing plans and
administrative rules adopted or developed by the University of Hawaii under
which Mauna Kea is currently governed remain in effect until plans and administrative
rules adopted by the Mauna Kea Stewardship and Oversight Authority take effect.
�
Part V:
�

Clarifies that the
Mauna Kea Stewardship and Oversight Authority has state sovereign immunity.

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