(BIVN) – Two legislative measures seeking to reconcile the “mismanagement, mistrust, and polarization” surrounding the issues on Mauna Kea have advanced in the Hawaiʻi State House.

On Thursday, the House Committee On Judiciary & Hawaiian Affairs and the House Committee On Water & Land held a hearing on HR33 and HCR41, which would convene a working group to develop recommendations for a governance and management structure for Mauna Kea.

The measure, introduced by Hawaiʻi island Representative David Tarnas, drew over 170 pages of mixed public testimony.

Here is the original language of HR33, which is nearly identical to HCR41:

WHEREAS, pursuant to article XII, section 4 of the Hawaii State Constitution, the State holds public land as a public trust for Native Hawaiians and the general public; and

WHEREAS, as the trustee of the public land trust, the State has a duty to protect and maintain these trust lands and regulate its use; and

WHEREAS, Mauna Kea is public land that is included in the public land trust; and

WHEREAS, since 1968, the University of Hawaii has been responsible for the management of Mauna Kea; and

WHEREAS, the Independent Evaluation of the Implementation of the Mauna Kea Comprehensive Management Plan, prepared for the Department of Land and Natural Resources by Ku‘iwalu and published in December 2020, concluded that while the University of Hawaii has effectively implemented most of the management actions related to protecting the natural and cultural resources, the management actions designed to respect the Hawaiian cultural practices and resources and conduct education and outreach that were intended to restore trust between the University of Hawaii and the Native Hawaiian community have not been effectively implemented; and

WHEREAS, the report found a lack of genuine consultation with the Native Hawaiian community; and

WHEREAS, the report also found that the lack of genuine consultation with the Native Hawaiian community has resulted in greater mistrust of the University of Hawaii and management of Mauna Kea, leading to polarization between various stakeholders on Mauna Kea and in our communities; and

WHEREAS, this mismanagement, mistrust, and polarization must be reconciled; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, that a working group is convened to develop recommendations, building on the findings of the Independent Evaluation of the Implementation Mauna Kea Comprehensive Management Plan, for a new governance and management structure for Mauna Kea that collaboratively engages with all stakeholders, particularly the Native Hawaiian community; and

BE IT FURTHER RESOLVED that the working group consist of the following membership:

(1) One member to be appointed by the Speaker of the House of Representatives, to serve as the chairperson of the working group to facilitate the group to develop a consensus;

(2) Three members of the House of Representatives to be appointed by the Speaker of the House of Representatives;

(3) Seven members who are Native Hawaiian to be nominated by Native Hawaiian groups, organizations, or communities and appointed by the Speaker of the House of Representatives;

(4) One representative from the Office of Hawaiian Affairs;

(5) One representative from the Board of Land and Natural Resources;

(6) One representative from the University of Hawaii Board of Regents; and

(7) One representative from Mauna Kea Observatories; and

BE IT FURTHER RESOLVED that the working group is requested to take into consideration the Independent Evaluation of the Implementation of the Mauna Kea Comprehensive Management Plan, prepared for the Department of Land and Natural Resources by Ku‘iwalu and published in December 2020, when developing the recommendations for a governance and management structure for Mauna Kea; and

BE IT FURTHER RESOLVED that the working group is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than December 31, 2021; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Speaker of the House of Representatives, Chairperson of the Office of Hawaiian Affairs, Chairperson of the Board of Land and Natural Resources, Chairperson of the Board of Regents of the University of Hawaii, and Mauna Kea Observatories.

The measures passed the Water and Land Committee with 5 ayes: Rep. Tarnas, Rep. Branco, Rep. B. Kobayashi, Rep. Morikawa (Rep. Ganaden with reservations). The measures also passed the Judiciary & Hawaiian Affairs Committee with 9 ayes: Rep. Nakashima, Rep. Matayoshi, Rep. LoPresti, Rep. Lowen, Rep. Nakamura, Rep. Todd, Rep. Tokioka (Rep. McKelvey, Rep. Takumi with reservations) and 2 noes: Rep. D. Kobayashi and Rep. Ward.