House bill would allow for up to 10-year extensions of Mauna Kea leases

A House bill that would authorize the Mauna Kea Stewardship and Oversight Authority to extend existing astronomical observatory leases and subleases for up to 10 years has advanced despite concerns from state departments and overwhelming opposition from residents around the state.

The master lease of Mauna Kea lands is set to expire on Dec. 31, 2033.

Earlier this month, House Bill 2593 passed out of the House Committee of Water and Land with Rep. Kanani Souza the sole dissenting vote.

The bill was forwarded to the House Committee on Judiciary and Hawaiian Affairs, which has until March 6 to hear it.

The Mauna Kea Stewardship and Oversight Authority, which was created in 2022, is charged with formulating a master plan to transition stewardship of 11,000 acres of Hawaiʻi’s highest mountain from the University of Hawaiʻi, which has managed it since 1968, to the state agency.

The goal of the master plan is to balance culture and environment with astronomy and economic benefits.

That transition is slated to be completed by 2028. The authority, created under Act 255, is prohibited from granting lease extensions during this transition period.

“This bill would constitute a significant change to that framework by extending the master lease and related subleases for an additional 10 years,” the state Department of Land and Natural Resources wrote in testimony.

Three years into the transition period, the written testimony from the authority said it is advancing its responsibilities established by Act 255, including the development of a comprehensive management plan that will establish a clear framework for astronomy-related activities on Mauna Kea.

That framework includes determining how many telescopes should be on Mauna Kea, John Komeiji, chairperson of the authority, said during public testimony on Feb. 5.

With regard to leases, he went on to say that an environmental impact statement is needed for each lease. An impact statement takes about three years to complete and the authority is trying to figure out the best way to get that process started.

And finally, the authority is trying to determine how to establish lease rents for observatories going forward.

The University of Hawai‘i submitted testimony stating the stewardship of Mauna Kea is best achieved when the mountain is cared for as a whole.

The university also believes that the most pressing issue for the survival of astronomy on Mauna Kea is the need for certainty regarding future observatory leases, given the impending expiration of the all the leases in 2033.

“The disinvestment by observatories has already begun and delays in long-term lease rights impede the ability of international federal funding agencies to invest in long-term projects by the Mauna Kea observatories,” the university testimony stated. “That in turn jeopardizes funding for critical management functions, including maintaining access to the mauna for practitioners, the community and the public alike.”

While additional time will be useful to complete the complicated process to renew the leases, additional time without milestones for progress on the related requirements may be meaningless, according to university testimony.

Maki Morinoue, a Hawai‘i Island resident, was among many community members who submitted written testimony opposing the bill, highlighting that Mauna Kea has been the site of the largest and longest protest in modern Hawaiʻi history when thousands came out in 2019 opposing the construction of the Thirty Meter Telescope.

“Advancing this bill ignores that history and sends a clear message that community voices, legal obligations, and constitutional protections can be broken, ignored and set aside for special interests,” Morinoue said.