[§304A-1903]  Mauna Kea lands[;] rules.  The board of regents may adopt rules pursuant to chapter 91 to regulate public and commercial activities on Mauna Kea lands.

     In adopting these rules, the board shall:

     (1)  Strive for consistency with the administrative rules of the division of forestry and wildlife of the department of land and natural resources related to forest reserves and natural area reserves;

     (2)  Consult with the office of Hawaiian affairs to ensure that these rules shall not affect any right, customarily and traditionally exercised for subsistence, cultural, and religious purposes and possessed by ahupuaa tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights; and

     (3)  Hold at least one public hearing, in addition to the public hearing at which decision-making on the proposed rule is made, on the island of Hawaii. [L 2009, c 132, pt of §2]