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From Marti:

After two days of testimony — the majority of it in opposition — the Land Board gave preliminary approval to the University’s new plan for Mauna Kea.  The Land Board seemed to agree that the plan is not “comprehensive” as the Third Circuit Court required — and opponents have argued — because they required four specific additional plans be written within the next year. The Land Board also appeared to agree  with opponents that the University is not ready for any management authority over Mauna Kea because they added conditions to the plan that stipulated the Land Board has final say on everything the University does on the summit.

To preserve their rights, opponents of the plan requested a contested case hearing on the Land Board’s decision.  One of the plaintiffs, Clarence Kukauakahi Ching, a Native Hawaiian cultural practitioner and retired attorney said:

“It is unfortunate that the University has put forth this half-baked plan.  It forces the public to challenge the plan through a contested case hearing because the Land Board cannot legally approve an incomplete plan and the law provides the public only one opportunity to formally raise concerns.”

The University poured out a lot of money to get support for their plan.  At both days of the hearing, the University was represented by the President of UH, Chancellor of UH at Hilo, Interim Director of the Office of Mauna Kea Management, Chairman of the Mauna Kea Management Board, three of some of the highest paid attorneys in the state, and their public relations consultant.  It is highly unlikely that these individuals volunteered their time to sit through this public hearing – unlike the members of the public in the room — so it is possible that this one of the most expensive public hearings held in Hawaii.  Somewhere on the order $10,000 (remember, the University is publicly funded).

They also gave away food, “E malama Mauna Kea” t-shirts, buttons, and other gifts to garner public support, which by all accounts was lukewarm at best.  Everyone at the hearing – even the President himself – acknowledged that the University’s history on the summit is atrocious.  The University made every promise it could to convince the Board (and the public) that they would not make the same mistakes that pushed the Wekiu to the verge of extinction, allowed hazardous chemicals to contaminate the environment, desecrated the sanctity of the summit, and violated the trust of the people of Hawaii.  Unfortunately, there’s no way to enforce these promises.

Kealoha Pisciotta, President of Mauna Kea Anaina Hou and also a plaintiff in the case to protect Mauna Kea, said:

“While we are heartened to see so many islanders calling for greater protection of Mauna Kea  — to “E Malama Mauna Kea,” we have found the actual language in the UH CMP and the UH bill will actually do the exact opposite. The UH CMP does not malama Mauna Kea.  It blocks public access and forces Hawaiian practitioners to get a permit to worship.  It even allows the UH to destroy Hawaiian cultural sites and paves the way for over 40 more telescopes.  We encourage everyone to thoroughly read what is actually written in the UH CMP and UH bill.  What is written is what really counts, not what the University promises.”

Despite the University’s propaganda, most testifiers did not support the plan.  Alii Ai Moku Paul Neves of the Royal Order of Kamehameha I said in his testimony:

“I read the University’s plan and what I see is the fox grinning with chicken feathers in its mouth and broken eggs under its claws, asking for the opportunity build the next chicken-house.  The sacred summit of Mauna Kea belongs to the people of Hawaii not the University.  Given the history of abuse and misuse of the mountain by the University, it makes no sense to put the University — the developer — in control of our summit-temple.”

If you are concerned about protecting the summit of Mauna Kea and want to learn more, then visit our website: www.KAHEA.org.  Consider joining the Mauna Kea group at www.Maoliworld.com.  And take action in future action alerts on Mauna Kea, like this one to hold H.B. 1174 because it seeks to give rule-making authority over the summit to the University.

From Marti:

The Hawaii Legislature is seriously considering a raid on our most important conservation funds in order to balance the state budget.  This is insane given all that these few millions do to protect the quality of our drinking water, the health of our native ecosystems, and truly local jobs.  But, the insanity goes a step further once you realize they are considering these massive cuts when the state is owed millions upon millions for the use of public land on Mauna Kea.

For 40 years foreign-owned telescopes have used (and destroyed) acres of public land on the summit of Mauna Kea without paying any rent.  Rent, that is required by state law!  It’s estimated that the state could earn at least $50 million a year just by charging market-based rent for the use of our public lands, instead of giving it away to foreign corporations and countries… and cutting important programs and jobs to make ends meet.

On Sunday, the Honolulu Advertiser published the editorial below from some of the entities that directly benefit from these important programs.  If you would like to express your support for these programs to the Hawaii Legislature, click here.

Natural resources permit our survival

By Herbert “Monty” Richards, Gary and Kukui Maunakea-Forth and Rick Barboza
Honolulu Advertiser, April 12, 2009

We thank The Advertiser for its editorial (April 2) on the necessity of natural resource stewardship even during fiscal crises. Generations of ranchers, farmers and land managers have always understood the close connection between a healthy natural environment, land protection, stewardship, water supply, agricultural self-sufficiency and the economy.

Business and government often measure our economy by the number of tourism and construction jobs in operation. That’s understandable, but doesn’t account for vast natural assets (water, forests, beaches, coral reefs, agricultural land) that support every person in Hawai’i — residents and visitors — who depend on services from the environment for their livelihoods, health and welfare.

The programs that are funded by the DLNR’s Natural Area Reserve Fund and the Land Conservation Fund are essential to the protection of our Hawaiian resources. They support watershed management, invasive species control, agricultural production, forestry, coastal protection and cultural preservation. Hundreds are employed and more than 1 million acres are managed, protected and cultivated for public benefit. These healthy, managed natural resources and the services they provide allow us the lifestyle we all enjoy and permit our survival in the middle of the vast Pacific.

Due to difficult times, conveyance tax revenue that supports these funds is down 50 percent. These programs will be cut by half or more even without House Bill 1741. Further reduction in the NAR Fund and Land Conservation Fund as proposed in HB 1741 would either eliminate many of these essential programs or cripple them to the point of leaving them inoperable and nonfunctioning. These programs leverage funding by at least 1:1, and in some cases as much as 1:3, with federal, county and private dollars (i.e., for every state dollar spent, three additional matching non-state dollars can be leveraged).

The NAR Fund and the Land Conservation Fund are our state’s way of supporting large-scale conservation that protects our incredible natural resources, supports sustainable land and water management, ensures high-quality jobs, and guarantees the perpetuation of essential ecosystem services worth billions of dollars. Without watershed management, critical drinking water resources will dry up or become contaminated.

Without personnel in the field controlling invasive species, pests like bee mites will infiltrate our shores — wiping out industries like our local honey/beekeeping industry, or requiring tens of millions to control and eradicate (e.g., miconia, coqui frogs). Without land protection, more agricultural, watershed, forest, coastal and culturally important lands will be converted; reducing our ability to feed ourselves and attract visitors who appreciate Hawai’i's natural beauty.

Without these programs, successes like MA’O Organic Farms might not be possible. MA’O recently purchased agricultural land using Land Conservation Funds, allowing it to expand its organic farm, and employ over two dozen high school graduates from Wai’anae and Nanakuli and pay their college tuition and stipends. As fifth-generation ranchers in North Kohala, Kahua Ranch and its neighbors in the Kohala Watershed Partnership are using their resources and support from the NAR Fund to control invasive species and protect 65,000 acres of native forests and watersheds.

With help from the NAR Fund’s Forest Stewardship Program, Hui Ku Maoli Ola will restore over 30 acres of land in Ha’iku valley. Keeping the NAR Fund percentage at 25 percent and the Land Conservation Fund percentage at 10 percent is a small investment for such large, sustainable and long-term benefits for our island communities.

Herbert “Monty” Richards of Kahua Ranch, Gary and Kukui Maunakea-Forth of MA’O Organic Farms and Rick Barboza of Hui Ku Maoli Ola wrote this commentary for The Advertiser.

From Marti:

For all of you how took a moment to submit testimony opposing HB 1741 and the proposal to raid the Natural Area Reserve Fund, Land Conservation Legacy Fund, and the Affordable Housing Revolving Fund – MAHALOS!!!!   Thanks to your support, the Senate not only proposed far less cuts to the fund, but also proposed increasing the tax collected on property conveyances over $1 million.

But we can’t let up.  The House version of the bill (SB 884) still proposes zeroing out much of these funds that go to protect Hawaii’s watersheds (and therefore water quality), hunting, hiking, and fishing grounds, and control invasive species.   To take action now, click here and send a message to your Legislator (and all legislators) expressing your support for these conservation programs.

Remember to them tell them:  Don’t Raid, Make the Telescopes Pay!  Legislators would not need to raid conservation funds if they just collected rent from all of the foreign telescopes using state lands on Mauna Kea.  It is estimated that the state could collect as much as $50 million a year from the telescopes based on the market-value of the land.  In fact, state law requires that rent for state lands be based on the market-value of the land.  So, why not follow the law and protect the environment by collecting the rent?  Makes sense to me.

Thanks to the coalition of conservationists watching this bill for this breakdown of the Senate amendments to HB 1741:

Mahalo for your help thus far on HB1741! The Senate Ways and Means Committee met today, and proposed amendments that would decrease the Legacy Land Conservation Fund from 10% of the conveyance tax to 5% (prior version would have zeroed this out); decrease the Natural Area Reserve Fund from 25% to 20% (prior version would have decreased to 10%); decrease the Affordable Housing Rental Trust Fund from 30% to 25% (prior version would have decreased to 15%).  In addition, the amendments proposed tax increases for over $1 million sales, and for second home purchases.  The Committee passed the amended bill out of committee (Sen. Hemmings, Sen. Tokuda and Sen. Tsutsui voting no).  This is far better than the original bill, but even without the bill, we’re facing 50-60% cuts for these program due to decreases in conveyance tax revenues.

Click here to take action to protect these important conservation initiatives.

From Marti:

Last week, the Board of Trustees for the Office of Hawaiian Affairs was supposed to take a formal position on the University’s new proposed development plan for Mauna Kea.  Surprisingly, they deferred decisionmaking.  It is likely that the OHA Trustees will not be able to take up the measure until after the Board of Land and Natural Resources votes next Friday on whether to adopt the plan.

This is really unfortunate.  As the state’s advocate for the best interest of Hawaiians, OHA’s Trustees should really take a stand on the University’s plan.  Is the plan good for the sacred summit and Hawaiians or not?  If it is not, then how does it need to be improved?

With great insight and knowledge, OHA staff have detailed the numerous shortcomings of the University’s development plan and explained what improvements are needed so that the plan complies with the law and actually protects the irreplaceable natural and cultural resources on the summit, as well as the interests of Native Hawaiians.  Their review highlighted:

- The plan is not “comprehensive” as defined by the Third Circuit Ruling because it fails to address multiple land uses, such as development limits and decommissioning. It also fails to comply with DLNR requirements for management plans because it lacks details, timetables, and mitigation measures.

- The plan fails to consider the Endangered Species Act, National Historic Preservation Act and Hawai`i’s historic preservation and burial laws in not only inadequate, it is illegal.

- The plan delegates management authority over Mauna Kea’s numerous historic resources to the university, which has no experience or expertise in managing historic properties.  In fact, the University’s approach to cultural practice as outlined in the plan is “offensive.”

Click here to read OHA staff’s full review of the University’s new development plan.

On March 25th, OHA’s Committee on Beneficiary Advocacy and Empowerment voted to send a letter to the Land Board expressing the Trustees’ willingness to work towards enhancing the management plan. With all of this, why did the full Board of Trustees choose not to act?  Are the Trustees preparing to contradict the expertise of their staff in support of the University’s development plan?

The OHA Trustees should be defending the best interests of Hawaiians, not the University.  This includes advocating for the strongest possible protections for the public trust natural and cultural resources on the summit,access to those resources (especially for cultural and religious practice), and the collection of market-based rent on all of the leases of public lands by foreign telescope entities.  Unfortunately, some of the OHA Trustees seem unwilling to take this position.

Thus, the burden now falls to individuals to make their voice heard on the quality of the management plan before the Land Board next week.  Please attend the public hearing in Hilo on April 8 and 9th at the Hilo Hawaiian Hotel. If you are unable to attend, please submit written testimony — our virtual testimony table makes it easy to just click-n-send, so you have few extra moments to personalize your submission — just click here.

If you are interested, the University’s plan and the Land Board’s staff recommendation are available on line, click here.

From Marti:

The Navy has been on the hot seat lately for the damage it has caused in Hawaii nei.  In central and western Oahu, the Environmental Protection Agency and the state got a commitment from the Navy to clean up any remaining contamination at two Superfund sites – one in Lualualei near the naval munitions storage area and the other in Wahiawa. While preliminary investigations have indicated that no immediate threats currently exist at the sites, soil contaminants at the sites include PCBs, volatile organics, semi-volatile organics and metals. PCBs can cause cancer in animals and adversely affect the nervous, immune, and endocrine systems in humans.

“Our agreement with the Navy and the state finalizes the process that the Navy will follow to complete the investigation and clean up of any remaining chemical contamination at both sites.” said Keith Takata, director for the EPA Pacific Southwest Region’s Superfund Division.

The agreement with the Navy is open to public comment.  Get your say in now by visiting: www.epa.gov/region09/NavalComputer

Check out the full article at The Hawaii Independent: http://www.thehawaiiindependent.com/hawaii/oahu/2009/04/02/epa-us-navy-agrees-to-clean-wahiawa-lualualei-superfund-sites/

And, on the South shore of Oahu, controversy is brewing as the state attempts to hold the Navy financially responsible for the carnage of coral from the USS Port Royal grounding in February 2009.  Ten acres of ancient coral was destroyed!  Chunks as large as cars are still bouncing around on the ocean floor causing further damage.

“There is a critical need for the U.S. Navy to mitigate the damage which has occurred, which continues to occur, and which will get worse with the upcoming south summer swell,” said Laura H. Thielen, chairwoman of the DLNR, in the letter.

“We urge the U.S. Navy to commit appropriate resources to rescue disturbed or destroyed coral, remove or stabilize rubble, and protect loose live coral that has resulted from this incident.”

Here, here!!  Systems that ensure the “polluter pays” are a completely reasonable (and actually quite capitalist) approach to addressing damage to our environment.  The Navy’s negligence destroyed a significant part of our ocean environment. They should be required to pay for the injury they have caused and do all they can to prevent further damage.

What the Navy does in this situation will be a key indication of what the public can expect from their activities affecting the Papahanaumokuakaea Marine National Monument in the Northwestern Hawaiian Islands (you will recall the Navy plans to intercept chemical-laden missiles over Nihoa – the only home of at least four endangered species and one of the most significant cultural and archeological sites in the archipelago).

Check out the full article here: http://www.honoluluadvertiser.com/article/20090402/NEWS11/904020369/1001