Ka Wai Ola - Office of Hawaiian Affairs, Volume 33, Number 1, 1 Ianuali 2016 — OHA gears up for the legislative session [ARTICLE+ILLUSTRATION]

OHA gears up for the legislative session

By Sterling Wong Eaeh year, OHA' s Public Policy staff reviews thousands of bills introduced during the legislative session, and tracks and testifies on hundreds of measures relevant to the Native Hawaiian community. In addition, Puhlie Policy staff advocates for a package of bills developed and introduced by OHA, specifically intended to further the interests of the agency's beneficiaries.

The following is a summary of the measures that OHA will be pursuing at the Legislature this year. While Puhlie Policy staff will endeavor to ensure that our legislators understand the benefits of OHA's legislative package, the success of these bills depend upon the support of the broader eommunity, and their willingness to get engaged in the legislative process. For more information on how you, your family and your friends ean support these measures and the interests of the Native Hawaiian community, please visit www.oha.org/legislation. • Mauna Kea Subleasing Rules Concerns over the appropriate use and stewardship of Mauna Kea have persisted for the past four decades. Environmental groups, cultural practitioners, and even the state Auditor's office have repeatedly expressed discontent with the University of Hawai'i's stewardship of Mauna Kea's natural and cultural resources. As one of our state's most sacred sites, Mauna Kea should be managed in a way that respects its value and significance, and in a manner that instills puhlie confidence. Over the years, observatory subleases presented the University with numerous

opportunities to charge sutticient rent to care for Mauna Kea. However. even the most

recently approved sublease for the $1.3 billion Thirty Meter Telescope - the only sublease to charge more than a nominal $ 1 rent - would provide just a portion of the funds needed for management activities. Accordingly,

the University uses an unknown amount of taxpayer funds, research dollars and grant funds to supplement operations and stewardship of Mauna Kea. While not taking a position for or against future subleases, this bill

would require a "fair rate of retum" for any subleases, observatory and otherwise, taking into account the costs of management and mitigation actions, through an open puhlie process established through administrative rules. • Environmental Review Notice Hawai'i's environmental review laws are intended to allow agencies to take a "hard look" at the environmental and cultural impacts of their actions, such as permit and zoning approvals for developments. These laws require the preparation of Environmental Assessments and Environmental Impact Statements, whieh provide an analysis of a proposed project's potential impacts as well as mitigation measures.

For the review process to be successful, agencies and applicants should conduct broad consultation with the community and experts as early as possible. Of particular value is the input of those who are intimately familiar with the natural resources, cultural sites, and cultural practices associated with a given project area. However, the process for gathering such input is not clearly defined, and outreach approaches may vary significantly, often resulting in people learning about projects in their communities when it's too late.

Accordingly, this measure would require a notice to be posted at the site for a proposed project early in the environmental review process to solicit comments from those with particular environmental or eultural knowledge of the project area. This, in turn, would facilitate more fully-informed decision-making, reduce the potential for unforeseen impacts, and promote greater protection for Native Hawaiian traditional and customary practices. • Remnant Sales Passed in 2009, Act 176 was part of the settlement of a lawsuit in whieh OHA and others sought to prevent the state from alienating "ceded" lands until until Native Hawaiian claims to those lands have been resolved. The law requires state agencies to receive approval by the Legislature for any proposed sale of puhlie land, including "ceded" lands. An exception to these requirements is for the sale of "remnants," whieh are usually vacated or abandoned roads or lands that were condemned but are no longer needed. As a result of these characteristics, remnants are usually small parcels of land that are not economically or physically suitable for development.

In recent years, the BLJNK has used a broad interpretation of remnant to classify and sell two significant parcels of state land, including a five-acre parcel of "ceded" lands containing a stream and waterfall. These sales occurred without any legislative approval as would be otherwise required under Act 176. Accordingly, this measure would seek to give OHA the right of first refusal for any proposed remnant sales to ensure that puhlie lands, including "ceded" lands, are not being inappropriately classified as remnants and sold in contravention to the purpose and intent of Act 176. This ean ensure that ceded lands whieh may otherwise be alienated ean instead be held in trust by OHA on behalf of the Native Hawaiian community. ■

GOVERNANGE To restore pono and ea, Native Hawaiians will achieve self-gover-nanee, after whieh the assets of OHAwillhe transferred to the new governing entity.

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Mauna Kea. - Photo: KWO archives