CONFERENCE COMMITTEE REP. NO. 197-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 2592

H.D. 2

S.D. 2

C.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madam and Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2592, H.D. 2, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE MAUNA KEA STEWARDSHIP AND OVERSIGHT AUTHORITY,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Clarify the powers of the Mauna Kea Stewardship and Oversight Authority (MKSOA) so that it may carry out its intended duties regarding land use on Mauna Kea;

(2) Add reversion dates of June 30, 2028, and December 31, 2029, if timelines requiring the adoption of a management plan or sending of proposed administrative rules to the Governor are not met;

(3) Extend the transfer date, which is also the end of the transition period, to December 1, 2029;

(4) Clarify that the interest of MKSOA in the Mauna Kea lands shall be no more than the University of Hawaii's leasehold interest in the Mauna Kea lands unless otherwise agreed to by the Board of Land and Natural Resources;

(5) Provide that the existing plans and administrative rules adopted or developed by the University of Hawaii under which Mauna Kea is currently governed remain in effect until superseding plans and administrative rules adopted by MKSOA take effect;

(6) Clarify that MKSOA has state sovereign immunity; and

(7) Specify that MKSOA may extend leases and subleases that existed before the transfer of certain powers and duties of the Board of Land and Natural Resources and Land Use Commission relating to Mauna Kea lands to MKSOA, before the expiration of the transfer, for up to an additional ten-year term, and granting MKSOA all necessary powers to consider and grant lease extensions, before the transition period expires, exempting any such extensions from environmental review requirements and lease extension restrictions.

Your Committee on Conference has amended this measure by:

(1) Clarifying that the extent of MKSOA's authority to manage, administer, and exercise control over Mauna Kea lands is as specified in chapter 195H, Hawaii Revised Statutes;

(2) Clarifying that the management plan developed by MKSOA must be operational by December 1, 2029, the end of the transition period;

(3) Specifying that MKSOA must adopt rules that implement, interpret, or prescribe law or policy, or the organization, procedures, or practice requirements for the management, stewardship, oversight, and protection of the Mauna Kea lands and their cultural resources;

(4) Providing that upon the assignment of all rights, powers, and duties of the University of Hawaii to MKSOA, the University of Hawaii is released from all obligations under leases by and between the Board of Land and Natural Resources and the University of Hawaii, except under certain conditions; provided further that the transfer and release does not apply to any litigation pending on November 30, 2029, which is the day before the transfer;

(5) Instead of providing that MKSOA's interest in the Mauna Kea lands shall be no more than the University of Hawaii's leasehold interest in the Mauna Kea lands unless otherwise agreed to by the Board of Land and Natural Resources, providing that title to the Mauna Kea lands shall remain with the State;

(6) Further clarifying the sovereign immunity of MKSOA;

(7) Clarifying MKSOA's authority to extend certain existing leases and subleases by specifying that MKSOA may grant such lease extensions, before the transition period expires, without the approval of the Board of Land and Natural Resources and Land Use Commission and that only the extensions granted during the transition period are exempt from environmental review requirements and lease extension restrictions;

(8) Making it effective upon its approval; and

(9) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 2592, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2592, H.D. 2, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ CHRIS LEE Chair	____________________________ MARK J. HASHEM Co-Chair
____________________________ DONNA MERCADO KIM Co-Chair	____________________________ ANDREW TAKUYA GARRETT Co-Chair
____________________________ KARL RHOADS Co-Chair	____________________________ DAVID A. TARNAS Co-Chair
____________________________ LORRAINE R. INOUYE Co-Chair	____________________________ MATTHIAS KUSCH Co-Chair