UH warns of Maunakea lease terminations if bill passes

In this 2015 file photo, observatories and telescopes sit atop Maunakea. (AP Photo/Caleb Jones, File)
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The University of Hawaii at Hilo advised the state Board of Land and Natural Resources last week about the dozens of permits and leases that will have to be terminated should UH be removed from management of the summit of Maunakea.

In a letter to BLNR chair Suzanne Case, Greg Chun, executive director of UH’s Center for Maunakea Stewardship, listed a variety of agreements with the state and other agencies that would be affected by the possible passage of House Bill 2024, which would place management of Maunakea under the jurisdiction of a new state entity.

The letter “proposes the university’s orderly withdrawal” from more than 60 permits and agreements if HB 2024 passes. The bill currently is awaiting action by Gov. David Ige. Those permits range from property agreements between UH and the state, subleases with the Maunakea Observatories, and Conservation District Use Permits.

The letter specifically lists the leases for the Maunakea Scientific Reserve, the Halepohaku midlevel facilities and the road easement to Halepohaku, which together account for about 2,123 acres on the mountain. It also lists the nine subleases granted by UH to the Maunakea Observatories and 18 Conservation District Use Permits for site improvements by both UH and the observatories.

The letter also mentions, but does not list, more than 20 other permits and approvals regarding the conservation district.

Should HB 2024 pass, the letter states that UH will seek to be released from all of these agreements, urging that the process begin “as soon as the bill is enacted” in order to ensure a smooth transition to the new management agency, the Mauna Kea Stewardship and Oversight Authority, by July 2023.

According to the letter, the leases would be transferred to the Authority by legislative order, although UH will formally submit a request for such a transfer to the BLNR “in an abundance of caution (and) in the interest of public transparency.”

The letter notes that it is unclear whether conservation district authority will similarly transfer to the Authority, but UH will also submit a formal request to be released from the conditions of its Conservation District Use Permits.

Meanwhile, the Thirty Meter Telescope International Observatory, or TIO, notified the state Department of Health on Friday that it was cancelling a permit for a storm water discharge system at its proposed future construction site. However, TMT officials stated that it will seek a renewed permit with the state.

“As a matter of sound business practice, TIO regularly reviews its numerous permits to ensure they accurately reflect who we are and what we intend to do,” read a statement by TIO Executive Director Robert Kirshner.

“The original … permit was granted almost eight years ago in June 2014. With increased attention to Maunakea’s resources and no imminent plans to restart construction, TIO filed a Notice of Cessation for our old permit and plans to apply for a new one. This will allow us to ensure that we have the best plans in place to protect Maunakea and its natural resources from construction-related runoff. TIO continues to focus on connecting with the Hawaii community to build relationships and create trust.”

Email Michael Brestovansky at mbrestovansky@hawaiitribune-herald.com.