THE SENATE

S.C.R. NO.

68

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

H.D. 1

   


SENATE CONCURRENT

RESOLUTION

REQUESTING THE AUDITOR TO CONDUCT A FOLLOW-UP AUDIT OF AND ADDRESS VARIOUS MATTERS RELATING TO THE ADEQUACY OF THE MAINTENANCE, OPERATION, AND MANAGEMENT OF THE MAUNA KEA SCIENCE RESERVE.

 

WHEREAS, Mauna Kea hosts unique spiritual, cultural, historical, and natural resources, and is a significant and endangered site in this state; and

WHEREAS, Mauna Kea is home to some of the world's rarest plant and animal life, much of which are designated endangered species, a group that is soon to include the Wekiu bug which can be found nowhere else in the world; and

WHEREAS, Mauna Kea is now considered one of the world's premier sites for astronomical research because the rarified atmosphere surrounding its summit is conducive to excellent viewing conditions; and

WHEREAS, Mauna Kea hosts the world's premier observatories, which are owned by some of the world's wealthiest nations and premier research institutions; and

WHEREAS, the astronomy research facilities located on the summit of Mauna Kea bring international recognition and status to the University of Hawaii and its Institute for Astronomy; and

WHEREAS, the astronomy research industry is a valued economic activity for the island of Hawaii; and

WHEREAS, the economic potential of Mauna Kea should be fully realized, while its natural and cultural resources are vigorously protected; and

WHEREAS, in February 1998, the Auditor issued Report No. 98-6, Audit of the Management of Mauna Kea and the Mauna Kea Science Reserve, which was highly critical of the management of the Mauna Kea Science Reserve (Reserve) by the Institute of Astronomy and the Department of Land and Natural Resources, and found that the management was inadequate to ensure protection of the natural, cultural, and historic resources of the Reserve; and

WHEREAS, in response to the concerns raised by the Auditor's report, the University of Hawaii completely revised and updated its existing master plan for Mauna Kea, and developed a new Mauna Kea Science Reserve master plan (2000 master plan) that was approved by the Board of Regents on June 16, 2000; and

WHEREAS, in August 2000, pursuant to the 2000 master plan, the Office of Mauna Kea Management was established at the University of Hawaii at Hilo, which assumed authority for the overall management of and decision-making on operational matters and minor projects of the Reserve; and

WHEREAS, the Office of Mauna Kea Management provides advice and recommendations to the Institute for Astronomy and the Board of Regents on all matters pertaining to the Reserve that may involve community, environmental, cultural, historical, and other concerns; and

WHEREAS, as part of the new management structure under the 2000 master plan, two advisory groups, the Mauna Kea Management Board, consisting of seven members representing various community stakeholders appointed by the Board of Regents, and Kahu Ku Mauna, consisting of nine native Hawaiian kupuna, were established to advise the Office of Mauna Kea Management on community, environmental, cultural, historical, and other matters; and

WHEREAS, despite the implementation of the new management structure under the 2000 master plan, there is still some public dissatisfaction with the management structure; and

WHEREAS, in a recap of Report No. 98-6, provided on March 2, 2004, the Auditor reported that prior to 1999 when the audit was conducted, management of the Reserve by the University of Hawaii and the Department of Land and Natural Resources was inadequate; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that the Auditor is requested to conduct a follow-up audit of the Mauna Kea Science Reserve, to determine:

(1) Whether the existing approval and decision-making procedures for the Reserve, as set forth by the rules of the Department of Land and Natural Resources and the University's 2000 master plan, sufficiently address the concerns of local groups that have a strong interest in the historical and natural preservation of the mountain, including traditional culture practitioners, environmentalists, and recreational users;

(2) Whether a new project approval process is necessary or desirable to adequately address the concerns of those local groups that have a strong interest in the historical and natural preservation of the mountain, as well as the projected impact of implementing a new approval process on the management structure for the Reserve;

(3) The impact of a new project approval process on the economic viability and projected goals of the Reserve;

(4) Whether other approval procedures, such as those for geothermal resource subzones in chapter 205, Hawaii Revised Statutes, or for the Kaho`olawe island reserve in chapter 6K, Hawaii Revised Statutes, are suitable models for use in the management of the Reserve; and

(5) Any other matters deemed appropriate to the project approval and decision-making process for the management of the Reserve;

and

BE IT FURTHER RESOLVED that the Auditor address the following matters regarding the adequacy of the maintenance, operation, and management of the Reserve:

(1) Collection of rents, fees, and charges for the use or enjoyment of the Reserve;

(2) Contracting procedures and recommendation as to the proper contracting authority;

(3) Rulemaking authority pursuant to chapter 91, Hawaii Revised Statutes;

(4) Authority to hire and terminate employees;

(5) Adequacy of promotion of the preservation and protection of the natural, cultural, and historical resources of the Reserve, as well as the planning, promoting, and marketing of the Reserve;

(6) Identification of potential funding sources to support the operations of the authority; and

(7) Any other matters deemed appropriate or pertinent to the management of the Reserve;

and

BE IT FURTHER RESOLVED that the Auditor is requested to report findings and recommendations to the Legislature, including recommended legislation, no later than 20 days prior to the convening of the regular session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the president of the University of Hawaii, the chairperson of the Board of Land and Natural Resources, the chair of the Board of Trustees of the Office of Hawaiian Affairs, and the Auditor.

Report Title:

Mauna Kea Reserve; Audit