“The most common way people give up their power is by thinking they don't have any” --- Alice Walker, Novelist, Writer, Poet, Civil Rights Activist --- Author of "The Color Purple"

1. MAUNA KEA
BREACH OF FIDUCIARY DUTIES
STATE OF HAWAII – UNIVERSITY OF HAWAII
2017 LEGISLATIVE AGENDA
RECOMMENDED CORRECTIVE ACTION
HB1658 Introduced and Passed First Reading -- 1/21/2016
Measure
Title:
RELATING TO THE MAUNA KEA LANDS.
Report Title: OHA Package; Mauna Kea Lands
Companion: SB2127 Introduced and Passed First Reading --
1/21/2016
Current Referral: House Referred to HED, WAL, FIN 1/25/2016
Current Referral: Senate Referred to HEA/WLA, WAM 1/21/2016
Legislature Adjourned: 5/5/2016
Bill Text,
The legislature finds that there is a need to
ensure transparency, consistency, and
accountability in the disposition and
management of the Mauna Kea lands currently
leased to the University of Hawaii.
[T]he State and the University of Hawaii have
fiduciary duties related to the disposition and
management of these lands, including the
obligation to deal impartially and equally with
regard to all trust beneficiaries, and to use
reasonable skill and care to make these lands
productive.

2. Unfortunately, the University of Hawaii's
failure to use a transparent, consistent, and
accountable process to issue subleases for the
Mama Kea lands raises serious concerns about
whether it is appropriately managing these
lands or fulfilling its fiduciary obligations to
the beneficiaries of the public lands trust.
[T]he State and the University of Hawaii have
fiduciary duties related to the disposition and
management of these lands, including the
obligation to deal impartially and equally with
regard to all trust beneficiaries, and to use
reasonable skill and care to make these lands
productive.
[T]he University of Hawaii has failed to charge
sufficient sublease rent consistent with the
cultural, environmental, and economic value of
the subleased parcels or the actual costs of
appropriate management.
Furthermore, any direct benefits realized from
subleases have flowed to only a small subset of
one beneficiary class -- namely, members of
the public associated with the University of
Hawaii’s astronomy program -- at significant
expense to the Native Hawaiian community
and larger public.
[Emphasis Supplied]
Source: OMKM
http://www.malamamaunakea.org/about-
us/history

3. Senate Bill 2157 was introduced by Senate President Ronald D.
Kouchi.
House Bill 1658 was introduced by House Speaker Joseph M.
Souki.
Senate President Kouchi and Mr. Souki are persons of honesty,
integrity, high moral character, having earned public trust as
evidenced by their long, loyal, dedicated and distinguished public
service. The introduction of these bills by Senate President Kouchi
and Mr. Souki for consideration and passage by their Legislative
Colleagues is demonstrative, clearly convincingly, that the words
are true, accurate and factually supported.
The acknowledged failed fiduciary duties and responsibilities, the
inherent and pervasive conflicts of interest require remedial and
corrective action.
SB 2157 and HB 1658 standing alone would not ensure completely
transparency, consistency, and accountability in the disposition
and management of the Mauna Kea lands.
The Management Plans for Mauna Kea are dated; the EIS
Environmental Impact Statement is not a substitute. Specifically,
The Comprehensive Management Plan (CMP)
provides a management framework for the
University of Hawai‘i (UH) to address measures
to protect the cultural, natural, and scientific
resources on UH Managed areas on
Maunakea. The CMP was approved by the
state Board of Land and Natural Resources
(BLNR) in April 2009.

4. In 2010 the BLNR approved the four sub-plans
addressing: public access, cultural resources
management, natural resources management,
and decommissioning. The CMP and
supplemental plans and framework and
implementation for project development are
the State’s plans for lands on Maunakea under
the University’s management.
[Emphasis Supplied]
Source: UH Office of Maunakea Management
http://www.malamamaunakea.org/about-us
Recommended corrective actions:
1. Recind the authority of the University of Hawaii and the Office
of Mauna Kea Management. Reason: Removes any direct and
apparent conflicts of interest. Ensures transparency,
consistency, and accountability in the disposition and
management of the Mauna Kea lands.
2. Establish an Office of Science and Technology, an executive
department is under the supervision of the Governor.
Reasons:
1. Removes any direct and apparent conflicts of interest.
Ensures transparency, consistency, and accountability
in the disposition and management of the Mauna Kea
lands.

5. 2. Streamlines and refocuses the mission of the
University of Hawaii: “The fundamental mission of the
University is to provide all qualified people in Hawaii
with equal opportunity for quality college and
university education.” Please refer to: Act 24, SLH
1907and Act 203, SLH 1919
3. Reestablishes management of State Lands under the
Department of Land and Natural Resources
4. Consolidates functions of the Office of Enterprise
Technology Services (ETS) for:
a. The development, implementation, and manage
statewide information technology governance,
b. The development, implementation, and
management of information technology strategic
plans, and
c. The managed development and implementation of
statewide technology standards.
5. Recognizes the importance, significance nexus of land,
science, environment, community and Native Hawaiian
culture in Hawaii for the People of Hawaii.
Ua Mau ke Ea o ka `Āina i ka
The Life of the Land is preserved in righteousness of the People