Two hundred submitted testimony at state Board of Land and Natural Resources “emergency rule” meeting in Honolulu on July 10 to testify in a small hearing room, with those waiting outside watching TV, which was muffled and difficult to hear.
Two hundred submitted testimony at state Board of Land and Natural Resources “emergency rule” meeting in Honolulu on July 10 to testify in a small hearing room, with those waiting outside watching TV, which was muffled and difficult to hear. It was intimidating, disheartening, as not all testified because of return flights. BLNR should have held the hearing on Hawaii Island being that the issues significantly affect our island, and the travel costs, which ranged from $300 to $500, were prohibitive for some.
Testimonies overwhelmingly opposed the emergency rules, which ended at 9:45 p.m. BLNR returned at 10:30 with a 5 to 2 decision in favor of “emergency rules.” Woodside and Gomes, opposed. Woodside, emotionally expressed other “tools” should have been in place to handle Mauna Kea suggesting an alternate process more “in tune” to the protectors’ concerns. I agree.
As a former appeals/legislative attorney, and an individual who has consistently fought for civil rights of all people, I have a good understanding of administrative/judicial procedure. BLNR’s procedure is flawed, unfair, unjust and skewed and “stacked” against the protectors. In my view, the hearing was a “dog and pony” show to appease the protectors that they were having a fair hearing.
Is there an equitable process? Doubtful. Why? In 1959, Hawaii becomes a state. At that time, more than a million acres of prime alii lands are “transferred” to the state as “public” lands with a provision that 20 percent of the income of these lands go the Hawaiians. Included in this transfer are Mauna Kea lands.
Eight years after statehood, in 1965 under Gov. John Burns, Act 209, is passed to create Research Corporation of University of Hawaii (RCUH) — as a “nonprofit” conduit, state agency — exempt from financial scrutiny under the law.
Today, 50 years later, RCUH, with a staff of 3,000 earning $113.5 million, was audited in June 2015, and continues to exist as a dysfunctional institution — no long-term strategic plan, board members ill equipped to perform policymaking and oversight, misleading financial statements) — managing millions of dollars.
The Hawaii Department of Land and Natural Resources leased Mauna Kea lands to RCUH for $1 per year, which ends in 2033. RCUH then subleases to the Thirty Meter Telescope. Is it possible that a dysfunctional, deteriorating, broken state agency continues to handle multimillion or multibillion dollar projects like TMT without financial scrutiny? In my view, the Research Corporation of the University of Hawaii is a political conduit for state and federal dollars.
The political interplay for that almighty dollar between former congressional members and governors is evident in the current case of Kilakila o Haleakala vs. University of Hawaii, concerning the ATST telescope on Haleakala. During a March 29, 2012, contested case hearing, BLNR allegedly fired a state hearings officer for allegedly failing to succumb to political pressure from Sen. Daniel Inouye and Gov. Neil Abercrombie’s office with regard to his ATST findings and conclusion.
Gov. David Ige manages the Attorney General’s office, RCUH, DLNR, BLNR and National Guard and has a duty to all of Hawaii’s residents. Undoubtedly, he is pressured by TMT stakeholders to devise “emergency rules” so that “progress” is not impeded on Mauna Kea.
A significant number of the protector Native Hawaiians truly believe, like myself, that Mauna Kea is a sacred place and deserves protection. This ongoing 15-year struggle has been largely ignored by the state.
Is there a remedy? Under the present system, the First and 14th Amendment remedies — tedious, lengthy, cumbersome. Since the Public Access Shoreline Hawaii decision, there has been an continuous erosion of Native Hawaiian rights. Mauna Kea, a symbol of where sacred and cultural purposes fit in the state government’s priorities — at the bottom — “managed” and “mitigated,” especially after decisions have already been made about the so-called highest and best use of lands for profit and prestige.
In November, Nai Aupuni is charged with handling our elections for a Hawaiian Nation. Only then, will we be able to establish our own policies, procedures, government and a process that we can connect with culturally — a process that recognizes our love for the land, our beloved kupuna and one that empowers us to provide for future generations. This is our remedy.
Lei Kihoi, Esq., is a resident of Kailua-Kona.
Viewpoint articles are the opinion of the writer and not necessarily the opinion of West Hawaii Today.
