Summary
On January 24th, 2022, a new Hawaii state law was passed to resolve contention between Native Hawaiians and the scientific community over Mauna Kea, a mountain sacred to Native Hawaiians. “Central to the Native Hawaiian view of Mauna Kea is the idea that the summit is where gods dwell and humans aren’t allowed to live”; however, the summit of Mauna Kea is also one of the best places in the Northern Hemisphere for astronomy because of its clear skies, dry air and limited light pollution (McAvoy 2022, PBS).
The legislature of the state of Hawaii passed an Act that recognized the mountain of Mauna Kea to be a sacred site to the people of Hawaii, particularly to Native Hawaiians and established the Mauna Kea stewardship authority, “a new governance and management structure for Mauna Kea that collaboratively engages with all stakeholders, particularly the Native Hawaiian community.” (pg. 1-2). The stewardship authority must incorporate Indigenous management and cultural processes and values into its management plan, consider sustainability goals and climate change mitigation, and social justice issues that underpin Mauna Kea (pg. 15).
Of the 7 appointed authority members, four must be Native Hawaiian residents of the county of Hawaii, with a preference for all seven members being Native Hawaiian residents of the county of Hawaii. The authority must include 3 Native Hawaiian individuals who are a lineal descendent, recognized practitioner, and hold expertise in Native Hawaiian traditional and customary practices associated with Mauna Kea, respectively (pg. 5-6).
The stewardship authority is mandated to adhere to the following guiding operational values and principles:
1. Mauna Aloha — We understand the reciprocal value of the mauna and a long-term commitment to maintaining the integrity of Mauna Kea
2. ‘ãpO Kupuna — We understand and embrace a duty and accountability to Mauna Kea, the natural environment, and to perpetuate the Hawaiian cultural values embedded in the sacred landscape of the mauna
3. Holomua ‘01 Kelakela — We are driven by creativity and innovation, constantly challenging the status quo, with a stewardship of Mauna Kea that is informed based on existing knowledge and traditions, as well as new and expanding knowledge.” (pg. 7)
The stewardship authority will hold the title to the lands on Mauna Kea (pg. 9) and will be the sole authority for establishing access, stewardship, and management policies for Mauna Kea lands (pg. 12). In this context, the stewardship authority is also responsible for protecting native Hawaiian rights and are prohibited from “selling, gifting, transferring, or exchanging its land” (pg. 12-13). The Act also establishes a Mauna Kea management special fund to be administered by the stewardship authority for the purposes outlined in the Act (pg. 20, 23).
The Act also includes a provision that expresses land transference to a sovereign Native Hawaiian entity, stating “The lands under the jurisdiction of the authority shall be held in trust as part of the public land trust; provided that the State shall transfer management and control of the lands to a sovereign Native Hawaiian entity upon its recognition by the United States and the State of Hawaii.” (pg. 16)