HB2592 SD1

PART I

SECTION 1. The legislature finds that refinements to the law that affirms the Mauna Kea stewardship and oversight authority's role and powers will ensure that management of Mauna Kea continues to embody a paradigm of balance and reciprocity that protects the mountain's sacred and ecological character, perpetuates Native Hawaiian traditional and customary rights, and supports the State's global leadership in astronomy.

The legislature recognizes that Mauna Kea is a rare and extraordinary place that evokes profound cultural, spiritual, environmental, and scientific significance. The summit region encompasses fragile ecosystems, important historical and archaeological sites, and sacred landscapes interwoven into the fabric of Native Hawaiian identity. At the same time, Mauna Kea's unique topography and atmospheric conditions have made it the world's premier site for astronomical research, enabling countless advancements in humanity's millennia-long yearning to comprehend the principles, origins, and evolution of the cosmos.

The legislature acknowledges that due to this confluence of significance, decades of tension have arisen over stewardship of the mauna. In 2022, the legislature established the Mauna Kea stewardship and oversight authority through Act 255, Session Laws of Hawaii 2022, to govern Mauna Kea in a more harmonious and collaborative manner by requiring that the governance be with mutual stewardship and balance as guiding principles. The legislature charged the authority to manage Mauna Kea through a mindset that honors and perpetuates Native Hawaiian cultural practices, safeguards natural resources, and allows for the responsible advancement of astronomy while maintaining the mountain's spiritual, cultural, and environmental integrity. The legislature believes that the governance provided by the Mauna Kea stewardship and oversight authority will bring about an era of mutually beneficial coexistence between all parties with interest in Mauna Kea.

The legislature further recognizes the need for continued refinement of the Mauna Kea stewardship and oversight authority's jurisdiction and responsibilities. Strengthened guidance will ensure that the authority manages Mauna Kea with transparency, accountability, and respect through the bedrock values of mauna aloha, ʻōpū kūpuna, holomua ʻoi kelakela, kānāwai, ʻohana, and kuleana.

Accordingly, the purpose of this Act is to clarify the powers of the Mauna Kea stewardship and oversight authority so that it may properly carry out its responsibilities regarding land use on Mauna Kea.

PART II

SECTION 2. The purpose of this part is to clarify the intent of Act 255, Session Laws of Hawaii 2022, by explicitly authorizing the Mauna Kea stewardship and oversight authority to own and hold title to real property and by declaring that the transfer of the real property interests in the lands of Mauna Kea to the Mauna Kea stewardship and oversight authority on December 1, 2029, as amended by part III of this Act, shall occur as a matter of law.

SECTION 3. Section 195H-5, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

"[[]§195H-5[]] Powers and responsibilities; generally. (a) Except as otherwise limited by this chapter, the authority, as it pertains to the Mauna Kea land area, may:

(1) Make and execute contracts, leases, and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

(2) Make and alter bylaws for its organization and internal management;

(3) Adopt rules pursuant to chapter 91 for the purposes of this chapter;

(4) Conduct meetings in accordance with chapter 92 for the purposes of this chapter;

(5) Appoint officers, agents, and employees who may be exempt from chapter 76, prescribe their duties and qualifications, and fix their salaries;

(6) Provide advisory, consultative, training, and educational services; technical assistance; and advice to any person, partnership, or corporation, either public or private, to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

(7) Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable;

(8) Contract for and accept gifts or grants in any form from any public agency or from any other source;

(9) Adopt rules governing the procurement and purchase of goods, services, and construction, subject to the requirements of chapter 103D;

(10) Enter into cooperative agreements, easements, subleases, or other contracts, as necessary, with any state agency, county agency, or private landowner;

(11) Contract for executive and administrative employee services;

(12) Call upon the attorney general for legal services or employ its own counsel in conformity with section 28‑8.3; [~~and~~]

(13) Own or hold title to real property; and

[~~(13)~~] (14) Do any and all things necessary to carry out its purposes and exercise the powers granted in this chapter."

SECTION 4. (a) In accordance with the intent of Act 255, Session Laws of Hawaii 2022, all interests to the parcels of land described in subsection (c), together with the existing improvements thereon for which the State holds as fee owner or lessor are conveyed by the State to the Mauna Kea stewardship and oversight authority as grantee, as is, where is, as a matter of law. The Mauna Kea stewardship and oversight authority shall accept the fee and lessor interests in the properties in their existing condition; provided that any existing claims or liability that exists, may have existed, or may exist in the future regarding any injury, loss, cost, damage, or liability, including reasonable attorney's fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, shall not be transferred to the Mauna Kea stewardship and oversight authority. All claims and liabilities against the State and its agencies, if any, that exist, may have existed, or may exist in the future regarding any injury, loss, cost, damage, or liability, including reasonable attorney's fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, are released, waived, and extinguished.

(b) In accordance with the intent of Act 255, Session Laws of Hawaii 2022, all interests to the parcels of land described in subsection (c), together with the existing improvements thereon for which the university of Hawaii holds as lessee are conveyed by the university of Hawaii to the Mauna Kea stewardship and oversight authority as grantee, as is, where is, as a matter of law; provided that this conveyance shall not apply to the conservation district use permits transferred under section 7(e) and (f) of Act 255, Session Laws of Hawaii 2022, as amended by part III of this Act. The Mauna Kea stewardship and oversight authority shall accept the lessee interests in the properties in their existing condition; provided that any existing claims or liability that exists, may have existed, or may exist in the future regarding any injury, loss, cost, damage, or liability, including reasonable attorney's fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, shall not be transferred to the Mauna Kea stewardship and oversight authority. All claims and liabilities against the State and its agencies, if any, that exist, may have existed, or may exist in the future, regarding any injury, loss, cost, damage, or liability, including reasonable attorney's fees, concerning the physical, environmental, soil, economic, and legal conditions of the properties, shall be released, waived, and extinguished.

(c) The parcels to be conveyed by the department of land and natural resources to the Mauna Kea stewardship and oversight authority shall be the following:

(1) Science reserve: Parcel no. 440150090000; and

(2) Hale Pohaku: Parcel no. 440150120000.

(d) The Mauna Kea stewardship and oversight authority shall have an easement for access and maintenance in the road easement, as described in General Lease 4697.

(e) As these are conveyances in which the State and its agencies are the only parties, the tax imposed by section 247-1, Hawaii Revised Statutes, shall not apply.

(f) As used in this section, "agency" has the same meaning as in section 37-62, Hawaii Revised Statutes.

PART III

SECTION 5. The purpose of this part is to:

(1) Extend the date on which all rights, powers, functions, and duties of the university of Hawaii relating to the powers and responsibilities granted to the Mauna Kea stewardship and oversight authority under part I of Act 255, Session Laws of Hawaii 2022, will be transferred to the Mauna Kea stewardship and oversight authority, from July 1, 2028, to December 1, 2029, to ensure all applicable stakeholders have sufficient time to implement a successful transition;

(2) Require the university of Hawaii to negotiate for the transfer of the various astronomical observatory conservation district use permits to the applicable astronomical observatories so that, when governance by the Mauna Kea stewardship and oversight authority begins, the authority will not be in conflict; and

(3) Add a reversion date of December 1, 2032, upon which certain sections of Act 255, Session Laws of Hawaii 2022, shall be repealed, certain sections in the Hawaii Revised Statutes shall be reenacted, and management authority over Mauna Kea lands shall revert to the university of Hawaii, if the transition timelines are not met pursuant to Act 255, Session Laws of Hawaii 2022.

SECTION 6. Section 195H-6, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

"[[]§195H-6[]] Transition; management plan. (a) The authority shall have a transition period of [~~five years~~] seventy-seven months beginning July 1, 2023[;] and ending December 1, 2029; provided that all of the initial members have been confirmed by the senate. During the transition period, the authority shall jointly manage Mauna Kea lands with the [~~University~~] university of Hawaii; provided that the authority's day-to-day operations shall be carried out by the center of Mauna Kea stewardship for the transition period established in this subsection."

SECTION 7. Act 255, Session Laws of Hawaii 2022, is amended by amending section 7 to read as follows:

"SECTION 7. (a) On [~~July 1, 2028,~~] December 1, 2029, all rights, powers, functions, and duties of the [~~University~~] university of Hawaii relating to the powers and responsibilities granted to the Mauna Kea stewardship and oversight authority under part I of this Act are transferred to the Mauna Kea stewardship and oversight authority.

(b) Notwithstanding the transfer of all rights, powers, functions, and duties pursuant to subsection (a), the state lease by and between the board of land and natural resources and the [~~University~~] university of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, shall remain in full force and effect until its expiration unless otherwise specifically amended pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [~~University~~] university of Hawaii.

(c) Upon the assignment of all rights, powers, and duties of the [~~University~~] university of Hawaii to the Mauna Kea stewardship and oversight authority pursuant to subsection (a), the [~~University~~] university of Hawaii shall be released from any and all obligations under the state lease by and between the board of land and natural resources and the [~~University~~] university of Hawaii entered into on June 21, 1968, as General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, and any conservation district use application permits appertaining thereto, unless otherwise specifically agreed upon pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [~~University~~] university of Hawaii; provided that the transfer and release authorized under this subsection shall not apply to any litigation pending on June 30, 2028, relating to General Lease S-4191, as amended on September 21, 1999, as General Lease S-5529, or any conservation district use application permit appertaining thereto, to which the [~~University~~] university of Hawaii is a party.

(d) Notwithstanding subsection (b) or any action that is a consequence of this Act, including a merger of interests, effective [~~July 1, 2028,~~] December 1, 2029, every reference to the department of land and natural resources, board of land and natural resources, or the chairperson of the board of land and natural resources in those deeds, leases, subleases, contracts, loans, agreements, permits, or other documents relating to Mauna Kea lands shall be construed as a reference to the Mauna Kea stewardship and oversight authority or the chairperson of the authority, as appropriate; provided that all deeds, leases, subleases, contracts, loans, agreements, permits, or other documents executed or entered into [~~prior to~~] before the effective date of this Act, by or on behalf of the department of land and natural resources or the board of land and natural resources pursuant to the Hawaii Revised Statutes that are reenacted or made applicable to the Mauna Kea stewardship and oversight authority by this Act, shall remain in full force and effect until its expiration unless otherwise specifically amended pursuant to an agreement by the Mauna Kea stewardship and oversight authority and the [~~University~~] university of Hawaii.

(e) The university of Hawaii shall transfer the applicable conservation district use permit and its rights and obligations under the permit to each astronomical observatory, subject to terms approved by the president of the university of Hawaii and the receiving astronomical observatory; provided that, before the transfer required under this subsection, the university of Hawaii shall not amend the terms and conditions of any permit subject to this subsection. Since the terms and conditions of each conservation district use permit transferred pursuant to this subsection will not be amended, the transfer of any conservation district use permit that existed before the effective date of this Act to an astronomical observatory under this subsection shall not be subject to any additional regulatory requirement, including any requirement under chapter 343, Hawaii Revised Statutes.

For purposes of this subsection, "applicable conservation district use permit" means the conservation district use permit in effect at the time of transfer, applicable to the receiving astronomical observatory, and to which the university of Hawaii is the named permittee or other named party.

(f) Notwithstanding subsections (a) through (d) to the contrary, the following conservation district use permits in effect as of December 1, 2029, for which the university of Hawaii has not completed the transfer under subsection (e), shall not be transferred to the Mauna Kea stewardship and oversight authority:

(1) Conservation district use permit 0954 (Air Force Telescope, Planetary Patrol Telescope, 2.2 Meter Telescope);

(2) Conservation district use permit 1515 (James Clerk Maxwell Telescope);

(3) Conservation district use permit 0653 (United Kingdom Infrared Telescope; NASA Infrared Telescope Facility);

(4) Conservation district use permit 0527 (Canada‑France‑Hawaii Telescope);

(5) Conservation district use permit 1492 (Caltech Submillimeter Observatory);

(6) Conservation district use permit 2691 (Gemini North);

(7) Conservation district use permit 2462 (Subaru Telescope);

(8) Conservation district use permit 2728 (Smithsonian Submillimeter Array);

(9) Conservation district use permit 3568 (Thirty Meter Telescope);

(10) Conservation district use permit 2174 (Very Long Baseline Array);

(11) Conservation district use permit 1646 (W. M. Keck Observatory I); and

(12) Conservation district use permit 2509 (W. M. Keck Observatory II).

The university of Hawaii shall continue to serve as the named permittee or other named party as provided under the permit until the permit is transferred to the appropriate astronomical observatory."

SECTION 8. Act 255, Session Laws of Hawaii 2022, is amended by amending section 18 to read as follows:

"SECTION 18. This Act shall take effect on July 1, 2022; provided that [~~part~~]:

(1) Part IV shall take effect on [~~July 1, 2028.~~] December 1, 2029; and

(2) If the timelines specified in this Act, including the timeline for the transfer of authority, responsibility, and duties, have not been met, then on December 1, 2032:

(A) Parts II, III, and IV of this Act shall be repealed and sections 28-8.3, 76-16, and chapter 304A, part IV, subpart 0, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act; provided further that the amendments made to section 76-16, Hawaii Revised Statutes, by:

(i) Section 2 of Act 42, Session Laws of Hawaii 2023;

(ii) Section 2 of Act 186, Session Laws of Hawaii 2023;

(iii) Section 2 of Act 66, Session Laws of Hawaii 2024;

(iv) Section 1 of Act 79, Session Laws of Hawaii 2024;

(v) Section 2 of Act 131, Session Laws of Hawaii 2024;

(vi) Section 2 of Act 165, Session Laws of Hawaii 2024;

(vii) Section 3 of Act 209, Session Laws of Hawaii 2024;

(viii) Section 2 of Act 247, Session Laws of Hawaii 2024;

(ix) Section 1 of Act 57, Session Laws of Hawaii 2025;

(x) Section 1 of Act 132, Session Laws of Hawaii 2025; and

(xi) Section 5 of Act 302, Session Laws of Hawaii 2025,

shall not be repealed when section 76-16, Hawaii Revised Statutes, is reenacted on December 31, 2031, pursuant to this subparagraph; and

(B) Management authority over Mauna Kea lands, as defined in section 304A-1901, Hawaii Revised Statutes, shall revert to the university of Hawaii."

PART IV

SECTION 9. The legislature finds that the Mauna Kea stewardship and oversight authority is currently developing permanent and detailed master, management, and financial plans; frameworks for astronomy-related development; and administrative rules. These documents must be cultivated in a deliberate and mindful way. However, the legislature also recognizes that there is limited time before the end of the statutorily established transition period, after which the Mauna Kea stewardship and oversight authority will assume full management of Mauna Kea. Due to these time constraints, the Mauna Kea stewardship and oversight authority's permanent plans and rules may not be formally adopted before the end of the transition period on December 1, 2029, as amended by part III of this Act.

Accordingly, the purpose of this part is to clarify that the existing plans and administrative rules under which Mauna Kea is currently governed shall continue in full force and effect until a superseding master plan, management plan, or administrative rules, or any portion thereof, adopted by the Mauna Kea stewardship and oversight authority, takes effect.

SECTION 10. (a) Notwithstanding section 195H-6(b)(2), Hawaii Revised Statutes, or any other law to the contrary, the existing master plan, management plan, and administrative rules adopted or developed by the university of Hawaii to implement provisions of the Hawaii Revised Statutes that are:

(1) Repealed by part IV of Act 255, Session Laws of Hawaii 2022; or

(2) Otherwise reenacted or made applicable to the Mauna Kea stewardship and oversight authority by Act 255, Session Laws of Hawaii 2022,

shall remain in full force and effect, including times subsequent to December 1, 2029, until a superseding master plan, management plan, or administrative rules, or any portion thereof, adopted by the Mauna Kea stewardship and oversight authority, takes effect. The Mauna Kea stewardship and oversight authority, when adopting a superseding master plan, management plan, or administrative rule, or any portion thereof, shall affirmatively state through a public notice issued in accordance with section 1-28.5, Hawaii Revised Statutes, which existing plan or rule, or portion thereof, is superseded.

(b) If the existing master plan, management plan, and administrative rules adopted or developed by the university of Hawaii remain in effect after December 1, 2029, every reference to the university of Hawaii, center for Mauna Kea stewardship, office of Maunakea management, board of regents, president of the university of Hawaii, or other similar term in the master plan, management plan, or administrative rule is amended to refer to the Mauna Kea stewardship and oversight authority, unless the context clearly requires otherwise.

PART V

SECTION 11. The legislature finds that the Mauna Kea stewardship and oversight authority, as an arm of the State, should have the same sovereign immunity available to other administratively attached state agencies.

Therefore, the purpose of this part is to clarify that the Mauna Kea stewardship and oversight authority falls under the State's sovereign immunity by explicitly making section 26‑35(b), Hawaii Revised Statutes, applicable to the authority.

SECTION 12. Section 195H-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established the Mauna Kea stewardship and oversight authority, which shall be a body corporate and a public instrumentality of the State for the purpose of implementing this chapter. The authority shall serve jointly with the [~~University~~] university of Hawaii in fulfilling the obligations and duties under the state lease for a period of five years as established in section 195H-6. The authority shall be placed within the department of land and natural resources for administrative purposes; provided that section [~~26-35~~] 26-35(a) shall not apply to the authority."

PART VI

SECTION 13. The purpose of this part is to authorize the Mauna Kea stewardship and oversight authority to extend existing leases and subleases before the transfer of powers and duties pertaining to Mauna Kea lands to the authority for up to an additional ten-year term.

SECTION 14. Section 195H-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Notwithstanding any law to the contrary, all powers and duties of the board of land and natural resources pursuant to chapter 171, and the land use commission pursuant to chapter 205, concerning permits, dispositions, land use approvals, and any other approvals pertaining to the Mauna Kea lands are transferred to the authority upon the expiration of the transition period; provided that the authority may extend existing leases and subleases before the transfer for up to an additional ten-year term; provided further that the transfer of such powers and duties from the board of land and natural resources and the land use commission may occur earlier, upon approval of the authority, the board of land and natural resources, and the land use commission. Upon the expiration of the transition period, the authority shall carry out the powers and duties otherwise conferred upon the board of land and natural resources pursuant to chapter 171, and the land use commission pursuant to chapter 205, with regard to permits, dispositions, land use approvals, and any other approvals pertaining to the Mauna Kea lands."

PART VII

SECTION 15. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 16. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 17. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	2592
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII		S.D. 1