UH | Rowena Akana

Fifty Years of Mismanaging Mauna Kea by UH & DLNR

`Ano`ai kakou… An excellent video was recently released that explains the state’s failure to fulfill its trust obligations relating to Mauna Kea. The six-minute video, “Fifty Years of Mismanaging Mauna Kea,” was uploaded to VIMEO (Link: https://vimeo.com/247038723) on December 12, 2017 by Kanaeokana, a network of ʻōlelo Hawai’i, Hawaiian culture, and ʻāina-based schools. Here are some quick highlights:

1964 – Mauna Kea is identified by UH as an exceptional site for astronomical observation.

1968 – UH signs a 65-year general lease from BLNR for 13,321 acres of ceded lands at the summit. BLNR can terminate the lease if the lease terms are not met, including care for the mauna. A permit for “an observatory” was granted but numerous telescopes are built. BLNR later issues “after the fact” permits.

1974 – Governor George Ariyoshi, concerned that the activities on the mountain pose a threat to its “priceless qualities,” directs DLNR to make a Master Plan for the mauna. DLNR and UH draft 10 different plans, but the speed of development on Mauna Kea makes some of them obsolete before they are completed.

1975 – The Audubon Society resists the installation of the 15-meter sub-millimeter antenna.

1995 – UH cleans up trash accumulating on the summit only after the Sierra Club files a complaint.

1998 – The State Auditor releases a scathing report documenting 30 years of mismanagement of Mauna Kea by both the BLNR and UH and reveals that, despite spending $50 million per year on telescope operations, no observatory paid more than $1 a year rent.

1999 – Despite the audit, they build two more telescopes.

2004 – Subpoenaed documents reveal that sewage, ethylene glycol, diesel fuel, and toxic mercury were spilled on the mauna.

2005 – A follow-up audit finds that UH’s management “still falls short.” A NASA environmental study concludes that 35 years of astronomy activity has caused “significant, substantial and adverse” harm.

2007 – Third Circuit Court revokes NASA’s permit for an observatory project because of the state’s lack of a comprehensive management plan for the mauna.

2010 – UH’s new Comprehensive Management Plan includes a “Decommissioning Plan” for removing observatories and restoring the site. To date, only one of the existing 13 observatories has started the process. A UH environmental study concludes that astronomy activities have caused “substantial and adverse” impacts to the mauna’s natural and cultural resources.

2011 – The Subaru Observatory spills 100 liters of orange coolant.

2013 – BLNR hears UH’s request for a new 65-year general lease, to expire in 2078. UH’s undergraduate governing body, representing 14,000 students, passes a resolution opposing a new lease.

2014 – Another follow-up audit finds UH failed to adopt a single rule to manage public activities on the mountain.

2015 – Governor David Ige temporarily stops construction on Mauna Kea after 300 mauna protectors peacefully block roads to the proposed TMT site and 31 are arrested. A petition with 53,000 signatures calling for a halt to the TMT and the arrests of protectors is delivered to Ige. UH’s President admits that “[UH] has not met all of [its] obligations to the mountain or the expectations of the community.”

2017 – Another audit finds that none of the 8 recommendations in the 2014 audit had been completely implemented. UH and DLNR have also failed and to adequately implement 32 of 54 management actions that concern Native Hawaiians.

If you think Mauna Kea deserves better care, help spread the word by sharing this video.

Check out the video at: https://vimeo.com/247038723

One step forward, two steps back: OHA publishes a book and hands over Scholarship Program to UH

`Ano`ai kakou… Last month I talked about OHA taking a step in the right direction by getting rid of a “middle-man” to administer OHA’s funds to support 17 Hawaiian-focused charter schools. It was a win-win situation I hoped we could replicate with other OHA programs. Disappointingly, this seems to have been the exception, not the rule.

OHA PUBLISHES A BOOK ON MANA

Certain things should be contracted out to outside vendors, such as publishing books. We’re a government agency focused on bettering the condition of Native Hawaiians, not a book publisher.

Amazingly, on November 21, 2017, OHA published and released a book that explores mana. According to OHA’s press release, the 300-page Mana Lāhui Kānaka is “a multidimensional study of mana: what it is, how to articulate it, and how to access and cultivate it. The book, which is available free to the public online, was co-authored by OHA Ka Pouhana and Chief Executive Officer Kamanaʻopono Crabbe, Ph.D, Dr. Kealoha Fox and Holly Coleman.”

I had no idea our CEO was using OHA staff time and resources over the past five years to write this book. None of the previous Board Chairs or the Trustees I’ve talked to were aware of this project or how it came about. Apparently, OHA’s CEO felt that there wasn’t many books written about mana out there, so he decided to have OHA publish one.

While mana maybe a worthwhile subject for some, is spending five years of staff time on it to publish a book more important than the life of our people or their homeless plight? OHA needs to be more careful when taking on these projects because the public could easily see it as self-serving and done on the backs of our beneficiaries.

MIXED MESSAGES

According to OHA’s press release, on November 8, 2017 OHA filed a filed a lawsuit in First Circuit Court against the State of Hawaiʻi and the University of Hawaiʻi (UH) for their longstanding and well-documented mismanagement of Mauna Kea. OHA’s complaint requests the court to order the state to fulfill its trust obligations relating to Mauna Kea and to terminate UH’s general lease for the mountain for breach of the lease’s terms.

“The state and UH have failed to properly mālama Mauna Kea and have demonstrated their inability to ensure that the environmental and cultural significance of the mountain is recognized and protected,” said OHA Vice Chair Dan Ahuna. “It’s time to abandon any hope that UH is capable or even willing to provide the level of aloha and attention to Mauna Kea that it deserves,” Ahuna continued. “We need to come together as a community to completely re-think how we care for the mauna, and that starts with cancelling the university’s master lease.”

I agree with Trustee Ahuna. However, on November 29, 2017, the Board approved, based on the Administration’s recommendation, the disbursement of $550,000 from FY 2018 and $550,000 from FY 2019 to fund a grant to the UH system to serve as administrator for OHA’ scholarship fund. NOTE: I abstained.

So to recap, OHA can’t trust UH to properly manage Mauna Kea but we can totally trust them to properly distribute our money to Native Hawaiian students. Talk about mixed messages. Aloha Ke Akua.

Governor should consider transferring Mauna Kea Lands to OHA

`Ano`ai kakou… As many readers know, Mauna Kea is a ceded land asset belonging to both Native Hawaiians and the general public. OHA Trustees are also mandated by state law to advocate for all Native Hawaiian and to protect and preserve sacred sites.

On May 26, 2015, Governor David Ige announced that he had asked UH, which subleases the summit area from the state, to make ten changes to improve its stewardship of Mauna Kea. One of the ten changes included UH voluntarily returning to the state Department of Land and Natural Resources (DLNR) full jurisdiction of more than 10,000 acres that are not specifically needed for astronomy.

I commended Governor Ige for his commitment to make Mauna Kea whole again. Transferring such a large portion of Mauna Kea out if UH’s hands is a wonderful idea and provides Native Hawaiians with a positive first step in revising the way Mauna Kea is safe-guarded.

However, I have recently heard through unconfirmed reports that DLNR has been resistant to taking control over the Mauna Kea lands because they lack the resources to properly manage it.

If it is true that DLNR is unable to take responsibility over the lands, I would like to suggest that the state encourage UH to turn over the lands to OHA. It would make perfect sense since all 11,300 acres of land within the Mauna Kea Science Reserve are public land trust lands classified under section 5(b) of the Admissions Act. The revenues from public trust lands must be dedicated to specific purposes including the betterment of Native Hawaiians.

OHA’s administration has built up its capacity to manage both commercial and preservations lands by establishing an in-house land department and a land committee at the board level.

I believe that transferring responsibility over Mauna Kea lands to OHA would produce the best “win-win” situation for the State, the University of Hawaii and all of OHA’s Native Hawaiian beneficiaries. What better solution could there be than to put Hawaiian lands in Hawaiian hands?

ON ANOTHER NOTE…

On April 1, 2015, the Board of Trustees rescinded its support of Mauna Kea as the site of the TMT. As a result OHA has no position as to whether or not the TMT should be located on the mountain.

Nonetheless, on July 10, 2015, OHA opposed DLNR’s proposals to use emergency rulemaking procedures to ban outdoor gear and nighttime presence in an 18,000 acre corridor leading to the summit of Mauna Kea. OHA testified that there were a number of technical, statutory, cultural, environmental, public safety, and constitutional concerns, as well as the potential for unintended natural, cultural, and public safety concerns.

Despite OHA’s strong opposition, the BLNR passed the following rules: (1) A rule change that will allow for the BLNR Chairperson to close public hunting areas for up to 30 days; and (2) A rule closing the Mauna Kea Observatory Access Road, including one mile on either side, from 10:00 p.m. – 4:00 a.m. Aloha Ke Akua.

UH should not be managing Mauna Kea

`Ano`ai kakou… On May 26, 2015, Governor David Ige announced that he would “protect the rights of the builders” of the Thirty Meter Telescope on Mauna Kea. He also admitted that the state has failed the mountain in many ways and he wants to change the management of the summit to give more consideration to culture and natural resources. (Star Advertiser, 5/27/15)

The Governor has asked UH, which subleases the summit area from the state, to make ten changes to improve its stewardship of Mauna Kea. His requests included making the TMT the last telescope on the mountain; getting rid of at least 25 percent of the telescopes by the time TMT is ready for operation in the 2020s; and returning more than 10,000 acres not being used for astronomy.

Governor Ige’s proposal provides us a positive first step in revising the way Mauna Kea is safe-guarded, but he needs to go much further. The 11,300 acres of land within the Mauna Kea Science Reserve are public land trust lands classified under section 5(b) of the Admissions Act. The revenues from public trust lands must be dedicated to specific purposes including the betterment of Native Hawaiians.

OHA receives a portion of revenues generated from the use of these public land trust lands. The State should ensure that OHA and its beneficiaries receive adequate compensation for any future subleases.

To avoid possible fiscal impacts to the UH’s educational mission, any proposed general lease for Mauna Kea lands should require UH to charge a more appropriate rent for the sublease or use of such lands. This would ensure that OHA beneficiaries and the State receive appropriate compensation for the use of these public land trust lands, and ensures that UH also receives adequate revenues to support its broader educational mission.

UH should be required to conduct a financial review of all public land trust revenue it receives. This will help to identify gaps in revenue from public land trust lands, as well as clarify what revenues may be generated from specific lands, such as Mauna Kea.

The state should also require UH to develop a Master Plan that will return Mauna Kea to its original, pristine state once all of the current telescope leases expire and the lands are returned to the people of Hawaii.

Finally, UH’s authority to manage public trust lands must be reevaluated because of its continual abuse and mismanagement of our precious lands. The state and the legislature should revisit the autonomy that they have given to the UH. At the very least, they need to pull back some of its power. They frequently complain about crumbling infrastructure and the need to raise tuition. It’s should be clear to everyone that UH is not a fiscally sustainable institution, and such a desperate organization should not be in charge of Mauna Kea.

UH has failed to live up to its commitments and it is OHA’s responsibility as advocate for our beneficiaries to take whatever actions are necessary, legal or otherwise, to make things right on their behalf.

The mountain means many different things for many different people, but the bottom line is if you’ can’t manage it properly then the state should give it to someone else who can.

Moving a Mountain: The Real Problem

`Ano`ai kakou… For the past several months, there has been a tremendous focus on Mauna Kea. OHA, as a Hawaiian agency created to better the conditions of Native Hawaiians, is tasked with administering ceded land revenues to address this mandate.

Because of this responsibility, OHA is frequently asked by the state agencies such as the University of Hawaii (UH), nonprofits, and even private entities to comment, help, or, in some cases, take legal action on issues important to Native Hawaiians.

Hawaiians are not against science

Today, Mauna Kea is an issue that has gone global with Hollywood celebrities joining the protest to stop the construction of the Thirty Meter Telescope (TMT) at the summit. The Star Advertiser says OHA lacks leadership because we are not telling Hawaiians to stand down because the state needs revenue and everyone benefits from science. They also feel we need to stand by our previous decision. The newspaper needs to do their homework before making blanket statements.

Six years ago, the majority of the Board of Trustees accepted Mauna Kea as the sight for the TMT. OHA also weighed in on a contested case hearing asking UH and the Mauna Kea Management planners to force them to do an Environmental Impact Statement and ensure they do what was necessary to culturally protect the site for future generations.

OHA lost the lawsuit and, when approached again last year, the Board took no action for many reasons. The most critical being we no longer had standing to sue since we lost the first case and two Native Hawaiian workers on the Big Island testified that they needed the jobs the telescope construction would provide.

The real problem

The bigger issue here is UH and the state legislature. The state has been a poor trustee of our ceded lands. They are leasing our lands for only a $1 per year and it allows UH to sublease the lands for millions, perhaps billions of dollars. Why isn’t UH making the builders of the telescope give something back to our community for the desecration of our sacred mountain? Why isn’t UH requiring the builders to clean-up their mess and take down their telescopes that aren’t operational?

Where is all of this money going? Is it really going to science? Has the state ever conducted an audit of the University to verify where all of the millions generated on Mauna Kea each year are truly going? UH is frequently complaining they are broke. Where is the accountability? Revenues generated on Mauna Kea are both Hawaiian and taxpayer monies and yet who really knows how the dollars are being spent?

The state and the legislature needs to revisit the autonomy that they have given to the UH and pull back that power. UH should not have the power, in the name of science, to do anything they want with our aina.

Hawaiians are concerned about access to worship afforded to them by the PASH Law.

UH does not own the mountain and the state should make them return it to the people of Hawaii in the same pristine condition it was in when they took it from us.

Legislative Update: OHA versus UH for control over Mauna Kea

By: TRUSTEE ROWENA AKANA

Source: March 2009 Ka Wai Ola o OHA Column

`Ano`ai kakou… I call out in a kahea for all Hawaiians and the people of Hawaii to oppose the University of Hawaii’s management of Mauna Kea and to support Senate Bill 995, SD2, which would give OHA ownership of our sacred mountain.

SB995 SD2 attempts to resolve claims and disputes relating to the portion of income and proceeds from the lands of the public land trust for use by OHA between 11/7/1978 and 7/1/2009. This bill also conveys Mauna Kea to OHA, along with other parcels of land. The House version of the above bill (HB901 HD2) does not include Mauna Kea. It passed third reading on 3/10/2009 and has crossed over to the Senate. At the time of the writing of this article, the board has not taken an “official” position on SB995 SD2.

During the Cayetano administration, OHA was offered 20% of all ceded lands and $150 million in cash. Five OHA board members refused the offer. Two of those members are still on the OHA board. In Governor Cayetano’s recent book, he speaks to the foolishness of those board members and refers to the events as a “missed opportunity” for OHA. SB995 SD2 offers OHA another opportunity to redeem itself.

Efforts to Transfer Total Control of Mauna Kea to UH

HB1174 HD3 would allow the University of Hawaii’s Board of Regents (BOR) to adopt administrative rules to regulate public and commercial activities on Mauna Kea lands that UH leases from the Board of Land and Natural Resources (BLNR). The bill, in its current form does the following: (1) It requires the BOR to establish procedures to enforce these rules; (2) allows UH to collect administrative fines for violations of these rules; and (3) Establishes the Mauna Kea Management Special Fund for the deposit and use of these revenues.

KAHEA, Mauna Kea Anaina Hou, Sierra Club Hawaii Island Chapter, Royal Order of Kamehameha I, and numerous concerned individuals opposed this measure. OHA originally opposed the first version of the bill, but now supports the bill with amendments.

In her February 3, 2009 testimony to the House Committee on Higher Education, KAHEA Program Director Marti Townsend strongly opposed HB 1174 for the following reasons:

“Mauna Kea lands leased by the University are ‘ceded’ lands. Granting this authority to the University will violate the Supreme Court’s ruling in OHA v. HCDCH. With this bill, the Lingle Administration is seeking to transfer ceded land protected by the public lands trust from the state Department of Land and Natural Resources (DLNR) to the University of Hawaii.”
“Mauna Kea lands are public trust lands that must be managed by the landlord (BLNR), not the University, who is a mere lease-holder. State law requires that public trust lands be leased at fair market value for the benefit of the people of Hawaii, not the lease-holder.”
“According to current state law, ceded lands are managed and administered by DLNR. See, HRS sec. 171-3. This bill seeks to transfer the ceded lands of Mauna Kea from DLNR to the University by granting the University ‘authority to manage and control public activities on the Mauna Kea lands.’ This is the exact same type of agency-to-agency transferred deemed illegal by the Supreme Court in OHA v. HCDCH and therefore should not be allowed by the state Legislature.”
“The University’s activities on Mauna Kea have exploited, destroyed, and desecrated irreplaceable natural and cultural resources on the summit. Mauna Kea’s Hawaiian alpine desert is unlike any other place in the world. It is home to many Hawaiian endemic species some are found only on Mauna Kea! Multiple reports, audits, and lawsuits have confirmed that the University’s telescope activities have violated the law and continue to destroy the natural and cultural resources of Mauna Kea.”
“In multiple reviews of the University’s activities on the summit, the Hawaii State Auditor found that UH’s management of Mauna Kea is ‘inadequate to ensure the protection of natural resources’ and ‘neglected …the cultural value of Mauna Kea.’ Their report stated that UH’s Institute for Astronomy ‘focused primarily on the development of Mauna Kea and tied the benefits gained to its research program,’ and that its focus on telescope construction has been ‘at the expense of neglecting the site’s natural resources.’”
“The University will use this authority to limit public access to the summit, regulate when and how Hawaiians worship on the summit, and expand telescope construction on the summit.”
“For 30 years, the University has failed to pay the fair market rent to the State for its subleases to foreign countries and corporations that own telescopes atop Mauna Kea, as required by HRS sec. 171. This means the University owes the people of Hawaii back rent for the numerous telescope and support structures on the sacred summit.”
“Unfortunately, the University has never accounted for the profits it has gained from its destructive use of Mauna Kea. According to a report to the UH Board of Regents in 1994, however, the University enjoyed at least $60 million annually in benefits from its use of Mauna Kea. In 2001, the University admitted to the Legislature that the work conducted on Mauna Kea earned $8 million a year just from the patent-lease contracts with defense contractors like Raytheon.”
“Surprisingly, during this time of debilitating economic crisis, the University is not paying this back-rent to the State. Instead in this bill it is proposing to establish a special fund that would allow it to pocket all of the profits from the use of Mauna Kea lands, bypassing the general fund altogether. The University is literally seeking the Legislature’s approval to rob the people of Hawaii.”

On March 10, 2009, it passed third reading in the House with eleven (11) Representatives (Belatti, Berg, Brower, Carroll, Hanohano, C. Lee, Luke, McKelvey, Saiki, Shimabukuro, and Thielen) voting no and has crossed over to the Senate.

I will continue to keep you updated on these bills as they make their way through the second half of the legislative session. In the meantime, I encourage each of you to call your elected officials and let them know how you feel about these important pieces of legislation. Aloha Ke Akua.