“Your time is limited, so don't waste it living someone else's life. Don't be trapped by dogma – which is living with the results of other people's thinking. Don't let the noise of other's opinions drown out your own inner voice. And most important, have the courage to follow your heart and intuition. They somehow already know what you truly want to become. Everything else is secondary.” ~ Steve Jobs

1. MAUNA KEA
Management by University of Hawaii Institute of Astronomy (IfA)
Lessons Learned
Layering, the creation of a new oversight organization, as the legislative
solution for long standing problems is created by legislators as a way to
bulletproof and shield themselves from the pain from complaints,
grievances, and concerns inficted by angry, frustrated and furious citizens
Layering forks out, attributes and assigns accountability and responsibility
Layering is plugged and promoted as the all-purpose cure-all solution
Layering has merit and is a choice when all else fails
̶̶̶ House Speaker Emeritus Joseph M. Souki ̶̶̶
SHOULD UH STILL MANAGE THE MAUNA KEA SUMMIT?
A Senate bill seeks to quell controversies on the mountain by removing
the University of Hawaii as the manager.
By Stewart Yerton. Honolulu Civil Beat. January 26, 2018
http://www.civilbeat.org/2018/01/should-uh-still-manage-the-mauna-kea-summit/
A coalition of state senators has introduced a bill to dramatically change the
management of Mauna Kea, the dormant Hawaii Island volcano that is a
sacred place to some Native Hawaiians and one of the world’s premier sites
for astronomy.
Senate Bill 3090 would create the Mauna Kea Management Authority to
manage the mountain’s summit, which is now overseen by the University of
Hawaii.

2. The Ofce of Hawaiian Afairs (OHA) thanks the 17 senators who
co-sponsored SB3090. As the legislative process moves forward,
we look forward to a healthy discussion on the measure that
involves a broad range of Mauna Kea stakeholders, including
Native Hawaiian practitioners, educators, and others. OHA
continues to maintain that better management on Mauna Kea is
critical. And this bill appears to be a bold step in that direction.
̶OHA Trustee Dan Ahuna̶
NOTE, SUPPLIED
SENATE COALITION OF 17
Senator Stanley Chang, Senator Donovan M. Dela Cruz, Senator J. Kalani English,
Senator Will Espero, Senator Brickwood Galuteria, Senator Breene Harimoto,
Senator Lorraine R. Inouye, Senator Kaiali`i Kahele, Senator Gilbert Keith-Agaran,
Senator Michelle N. Kidani, Senator Donna Mercado Kim, Senator Clarence K.
Nishihara, Senator Karl Rhoads, Senator Gil Riviere, Senator Maile Shimabukuro,
Senator Brian T. Taniguchi, Senator Glenn Wakai
_____________________
VIEWPOINT
Freedom Just Causes Fairness and Equality for All
@cliftonmhasegawa
UH's management has been criticized for its management in a line of state audits
dating to 1998. [Civil Beat]
July 2017
OFFICE OF THE AUDITOR STATE OF HAWAII
A Report to the Governor and the Legislature ofbthe State of Hawaii
http://fles.hawaii.gov/auditor/Reports/2017/17-06.pdf

3. What we found in 2014
In Report No. 14-07, Follow-Up Audit of the Management of Mauna Kea and the
Mauna Kea Science Reserve, we found that UH did not expect to adopt
administrative rules until 2017, due in part to delays in the rulemaking process. In
the absence of rules, UH was managing and assessing fees on commercial tour
activities with permits and informal agreements unauthorized by the UH Board of
Regents. We also found that contractual terms and other requirements precluded UH
and DLNR from updating general leases, subleases, and permits.
What we found this year [2017]
Our follow-up on the implementation of recommendations made in Report No. 14-
07, conducted between October 2016 and January 2017, included interviews with
selected personnel, examining relevant documents and records, and evaluating
whether UH and DLNR's actions appeared to fulfll our recommendations. We found
that UH and DLNR have partially implemented four of the recommendations. Three
recommendations remain open, and one is inapplicable at this time.
Recommendation 1
UH should adopt administrative rules governing public and commercial activities as
soon as possible, but no later than 2017.
Partially Implemented – Comments
UH completed the drafting of administrative rules and was prepared to begin the
necessary public hearing process. However, at the request of the governor, who must
authorize the initiation of public hearings for the draft rules, UH has temporarily halted
the process of fnalizing rules.
VIEWPOINT Full completion of this recommendation requires immediate action by
the Governor.

4. Recommendation 2
UH should obtain the UH Board of Regents' approval for the conditions and fee
schedule included in commercial tour use permits issued by UH–Hilo via a Board of
Regents open public meeting pursuant to Chapter 92, HRS.
Not Implemented – Comments
UH anticipates that a proposed schedule will be prepared and approved concurrently
with the approval of the fnal administrative rules.
VIEWPOINT Approval of Administrative Rules requires action of the State Attorney
General's Ofce. Reference,
Thu, Nov 16, 2017, 9:59 AM Hawaii State Ethics Commission
<Ethics@hawaiiethics.org> wrote:
Dear Mr. Hasegawa,
The Commission does have the authority to promulgate rules, as set forth
in HRS chapters 84 and 91. The Commission is in the process of
considering draft administrative rules – you can fnd some early drafts of
the frst few chapters on our website (within the meeting materials for the
October and November Commission meetings). We still have quite ways
to go, and they have to be reviewed by the Attorney General and
released for public comment, so I can't give an estimate on when they'll
be implemented. [Emphasis Supplied]
Thanks,
Daniel Gluck, Executive Director
Recommendation 3
UH should determine whether unauthorized fees collected since FY2007 should be
returned to commercial tour operators.
Not Implemented – UH Disagrees

5. Comments
UH continues to assert that the issuance of commercial tour permits was authorized by
the Board of Land and Natural Resources and allows enforcement of permit conditions
and the ability to set and assess fnes for permit violations and non-compliance.
VIEWPOINT Action by the Governor with advice and consent of the Senate required.
This is a classic example of a bureaucratic turf war being waged by and between the
University of Hawaii and the Department of Land and Natural Resources, both under
the umbrella of The Executive Branch of government.
Members of the Board of Land and Natural Resources are appointed by the Governor
with the advice and consent of the Senate. The Governor appoints the Chairperson of
the Board from among its members. The Chairperson serves as the Chief Executive
Ofcer of the Department of Land and Natural Resources.
Members of the University of Hawaii Board of Regents are appointed by the Governor
with the advice and consent of the Senate. The President of the University of Hawaii is
appointed by the Board of Regents, serves as the Executive Ofcer of the Board of
Regents and administers its policies. The President is responsible for the educational
leadership, administration, and research and service missions of the entire University
System.
Recommendation 4
UH should complete Comprehensive Management Plan (CMP) management actions,
the implementation of which under the CMP implementation plan is scheduled as
“immediate,” as soon as possible, but no later than the end of 2016.
Partially Implemented
Comments
UH has implemented 20 of the 25 total CMP management actions.
Target Date
Per UH, the estimated date of completion is December 2017.

6. VIEWPOINT Follow-up by the State Auditor is required to determine whether or not
Recommendation 4 has been fully implemented.
Recommendation 5
UH should further its eforts to renew general leases for UH-managed lands on Mauna
Kea by continuing to work with DLNR and proceeding with the Environmental Impact
Statement (EIS) process under Chapter 343, HRS.
Partially Implemented
Comments
UH and DLNR assert that securing a new master lease would require an EIS. Such
eforts were restarted at the request of the governor following protests against the TMT
project, and work is ongoing.
VIEWPOINT Follow-up by the State Auditor is required to determine whether this
alternative has been fully implemented. A Master Lease is not recommended as each
observatory has unique features and operational requirements and conditions.
Development of General Terms and Conditions as for Federal and State contracts is
indicated and recommended for each sublease.
Recommendation 6
UH should renegotiate with existing sublessees to amend subleases to include
provisions that address stewardship issues, as modeled by the provisions in the 2014
TMT sublease, following execution of the new general leases for
UH-managed lands on Mauna Kea.
Not Implemented
Comments
UH asserts that a new general lease needs to be established before sublease
agreements can be renegotiated.

7. VIEWPOINT Disagree. The existing sublease is the current contractual document. The
UH should be directed to focus and concentrate on the terms and conditions of the
current subleases and to negotiate new terms and conditions where warranted.
Recommendation 7
DLNR should continue working with UH to renew the general leases for the UH-
managed lands on Mauna Kea and ensure the leases are substantially in the form
DLNR's Land Division recommended for approval by the Board of Land and Natural
Resources.
Partially Implemented
Comments
UH and DLNR assert that the preparation for seeking a new master lease includes
preparation of an EIS. Such eforts were restarted at the request of the governor
following protests against the TMT project, and work is ongoing.
VIEWPOINT The requirement for restart of the EIS process was directed by the
Governor to clarify and bring current legal, environmental, cultural and stewardship
responsibilities. The fulfllment of environmental, cultural and stewardship
responsibilities were examined by Judge Riki Amano. Judge Amano issued her
recommendations which were adopted by the Board of Land and Natural Resources.
The adequacy is under challenge at the Hawaii Supreme Court.
The assertion by UH the delay is attributable to the EIS process is both ingenious and
disingenuous. See,
“UH has done initial work on updating the EIS preparation notice, including revised
alternatives, but has paused the process to address the return of 10,000 acres to DLNR
jurisdiction.” Source: UH reports progress on governor's 10 point plan for Mauna Kea.
University of Hawaii News. May 25, 2016. http://www.hawaii.edu/news/2016/05/25/uh-
reports-progress-on-governors-10-point-plan-for-maunakea/

8. Recommendation 8
DLNR should use additional stewardship-related conditions contained within the TMT
observatory permit as a template in all new observatory permits issued for the summit
of Mauna Kea.
Not Implemented - N/A
Comments
The TMT observatory permit has been voided. As a result, this recommendation
cannot be addressed until the ongoing contested TMT case is fully resolved.
VIEWPOINT Environmental, cultural, stewardship and Public Trust responsibilities
are mandatory, continuing and uninterruptible but for Act of God or for legal reasons
by Order of The Hawaii Supreme Court. To the best of my knowledge and belief no
Act or Order to cease and desist has been issued.
Strongly Agree that “stewardship-related conditions contained within the TMT
observatory permit” should be used as a starting point to renegotiate observatory
permits and subleases.
_______________________________________________________
VIEWPOINT
Freedom Just Causes Fairness and Equality for All
@cliftonmhasegawa
Sufcient reason for a Mauna Kea Management Authority are not indicated.
The University of Hawaii and the Institute for Astronomy (IfA) have faltered, fallen
short but by the same accord have and continue to strive to achieve excellence.
Organizationally and professionally the University of Hawaii and IfA Team given their
overall quality of work, scientifc achievements, world-wide experience, qualifcations,
expertise and proven track record of stewardship as exemplifed, particularly and
specifcally, by and in the Haleakala National Observatory and the Senator Daniel K.
Inouye Solar Telescope (DKIST) is able, capable and qualifed to manage Mauna Kea.