Board of Land and Natural Resources defers Mauna Kea lease request

Today, December 13, the University of Hawaii (UH), represented by University of Hawaii at Hilo (UHH) Chancellor Donald Straney and several lawyers, submitted a request to the Board of Land and Natural Resources (BLNR) to defer the issue of the new master lease on the property until a full environmental impact statement (EIS) can be completed.

“We’ve reflected on the testimony we heard [at the last meeting], and have concluded that in this instance the public’s interest is best served if the University and the Department of Land and Natural Resources engage in an environmental review before the [BLNR] considers the request [for a new master lease] further,” said Straney. “Therefore, I’d like to request that we defer action until we’ve completed [that] process.”

After an executive session, the board voted 4-1 to defer the master lease issue. Chair William Aila Jr. and members Jimmy Gomes, Reed Kishinami and Samuel M. Gon III voted in favor while David Goode voted against deferral, saying instead that he wanted the master lease request denied outright.

“I think a denial would be cleaner—the stated reasons for deferral from UH are inadequate,” said Goode. “The existing request [from UH] that we have before us is for zero dollars. If we ever get to the substance of that request, I personally find that totally unacceptable. So I’m not in a cheerful frame of mind in deferring that request.”

“Before we take the vote, I want to say that I agree wholeheartedly with board member Goode on that last point,” said Gon. “Such a globally significant place should attract the funds that are needed to properly manage it.”

Board member Rob Pacheco reclused himself from the discussion and vote on this issue but did not state why. Aila clarified that Pacheco owns a tourism business that operates on Mauna Kea. One member of the public pointed out that Pacheco was present for an earlier vote concerning the controversial Thirty-Meter Telescope (TMT), something Aila said he would look in to.

“There have been a lot of issues raised over this lease and I think that it’s a very wise move to pursue any environmental studies that are necessary, being that the last time an EIS was done, the requirement for full cultural assessment was not formally in place,” said Gon.

The rest of the board members stated that they were glad there would be more time for public input as a result of the deferral.

Today’s move came as a surprise to many, including members of the community who were present because they had filed contested cases over the lease issue. These members of the community were Native Hawaiians who contend that the TMT will be detrimental to the environment and to Hawaiian culture. Mauna Kea is a sacred mountain—the spot were Papa and Wakea first meet in the traditional Hawaiian creation myth. Most of these citizens withdrew their contested cases, but reserved the right to re-introduce them at a later date.

UH had previously asked BLNR to cancel the two leases it holds on Mauna Kea property and issue two new ones for the same amount of time. This is in order to reflect the new way UH wants to manage the property as outlined in UH’s 2000 Master Plan. The new ways of managing the property include, amongst other things, the ability to “enter into meaningful negotiations with current, and any potential, future telescope projects.” 

This clause is aimed at allowing the controversial Thirty-Meter Telescope (TMT) project to move forward. Mainly because of it’s sheer scale, this project has attracted the most opposition from Native Hawaiian groups and individuals like those present at today’s meeting.

Currently, UH holds a 65-year lease on the 11,215-acre Mauna Kea Science Reserve, expiring in 2033, and a 55-year lease on the 19-acre parcel where the Hale Pohaku Mid-Level Facilities are located, which expires in 2041. They manage the property, as well as sub-lease it to telescope companies, on behalf of the State.

However, their track record at managing the property has been less-than-perfect. In 1998, State Auditor Marion Higa concluded, “Over thirty years have passed since construction of the first telescope on Mauna Kea.  During this period, little was done to protect its natural resources. The university, as the leaseholder, should have provided sufficient protection to the natural resources and controlled public access and use. These requirements have not been adequately met. The Department of Land and Natural Resources, in its role as landlord, should have overseen the university’s activities and enforced permit conditions and regulations in protecting the State’s interests. Neither state agency has been proactive in maintaining the conservation district. The University has failed in the management of these lands.”

It’s too early to tell if today’s deferral is a sign that UH intends to improve its stewardship of land atop Mauna Kea, but it did give members of the public a sense that their opposition is at least being considered.