SB936 Redistrubuting Mauna Kea Special Funds

Next up in our examination of the current legislature’s crop of Mauna Kea bills is SB936.

An ancient ahu atop Mauna Kea
An ancient ahu atop Mauna Kea

This bill removes two thirds of the revenue currently going to the
University of Hawaii managed Mauna Kea lands management special fund, redirecting the revenue towards two additional funds. One third would go to a new Mauna Kea special fund administered by the Department of Hawaiian Homelands. The other third would go to a DLNR administered Mauna Kea natural area reserve special fund.

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The 2019 State Legislature and The Mauna

The deadline for the introduction of new bills in the Hawaii legislature’s 2019 session has passed and we can see that at least six bills directly address Mauna Kea.

Mauna Kea seen at dawn from Mauna Loa
Mauna Kea seen at dawn from Mauna Loa

We have previously discussed HB1067, the development moratorium bill addressing Mauna Kea lands above 6,000ft. The remainder are less direct, but are no less aimed squarely at the controversies surrounding new astronomy facilities on Mauna Kea.

  • HB1067 Prohibits any development on conservation lands of the Mauna Kea summit at 6,000 feet above sea level and higher.
  • SB905 Requires the lessor of a master lease for public land to receive reasonable compensation.
  • SB916 Requires that the board of land and natural resources make certain determinations before approving public land dispositions. Restricts the board of land and natural resources from approving the disposition of public lands under certain circumstances
  • SB918 Limits the term of certain public land leases, including any extensions, to no more that thirty-five years.
  • SB933 Requires that the board of land and natural resources conduct a rent review of all leases and subleases of public land once every ten years.
  • SB936 Removes 2/3 of the funds from the university managed Mauna Kea special fund. 1/3 to a new Hawaiian Homelands managed special fund. An additional 1/3 to a new Department of Land and Natural Resources special fund.

Many of these bills do not address the mauna by name, but even a quick reading and familiarity with the issue reveals that there is no other reason for these bills to have been advanced.

What do all of these bills have in common? With the exception of House Bill 1067 all of the senate bills were introduced, and likely authored in large part by state Senator Kaialiʻi Kahele.

It appears that Senator Kahele has made it his mission to destroy astronomy on Mauna Kea. When last year’s blatant attempts in the legislature failed, he has become more circumspect, attempting to add layers of bureaucratic barriers to changing anything on the mauna.

SB916 is the clearest example of this. Not only would it likely make any use permit of Mauna Kea legally impossible, it would have the same effect on all state lands.

It is worth going through the bills individually, considering the possible implications of the language. Over the next few days DarkerView will do just that, examining each of these bills.

Taken individually some of these bills seem reasonable enough, when considered as a group it becomes clear there is a distinct goal. This is not about improving management or oversight of the mauna, there are better ways to accomplish improvement. This is about ending astronomy on Mauna Kea.

HB1067 Mauna Kea Development Moratorium

With the Hawaii state legislature now in session we now have a clear view of those bills targeting the controversy on Mauna Kea. While of the bills concerning the mauna are indirect, one is quite direct. HB1067 is a complete ban on any development above 6,000ft on Mauna Kea. Blunt and simple.

The Thirty Meter Telescope
An artist concept of TMT at night, with the laser guide star system illuminated.

Introduced by representative Amy A. Perruso  representing central Oahu district 46, Launani Valley and Wahiawa . The bill has a long introduction, but a very simple change to the state statutes…

§304A-    Mauna Kea conservation district lands; development; prohibition.  Notwithstanding any law to the contrary, no new construction or development on conservation lands on the Mauna Kea summit located at six thousand feet above sea level and higher shall take place after December 31, 2019.

HB1067 from the 2019 Hawaii Legislature
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Drone Hysteria

By now anyone reading the news will know that a drone sighting shut down a major metropolitan airport just days before Christmas. London’s Gatwick airport was intermittently closed to arrivals and departures during the busiest travel season of the year, leaving up to 140,000 travelers stranded and scrambling to make alternate travel arrangements.

Waiting to Board
Waiting to board an Alaskan Airlines flight in Seattle

What you may not have heard is that there may never have been a drone involved. This may have stemmed from one bad sighting and a classic case of mass hysteria leading to further drone sightings.

Even worse, authorities looking for anyone to blame arrested and detained an innocent couple for 36 hours. They were eventually released after no evidence was found and an alibi verified. During that time the couple was vilified by name in some major media outlets. The only saving grace here is that the couple is now likely to receive a substantial sum from those newspapers under British libel laws.

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A Threshold of Knowledge

How can someone possibly believe that the world is flat? Evidence our world is a sphere can be found everywhere you look, yet many insist that photos of a globe are lies. How can anyone believe the world is only a few thousand years old? There are literally mountains of evidence for an ancient planet 4.5 billion years old.

Chang'e 5 Earth and Moon
The Chang’e 5 test vehicle service module took this photo of Earth and the Moon together. Credit CSNA

There are so many such beliefs floating about, and a surprising number of die-hard adherents to such fallacies. Yet they persist, and in this internet connected world some of these ideas flourish.

There are many reasons for such beliefs. Some occur as they seem right and are accepted without critical examination. Other beliefs are strongly held as a result of indoctrination from a young age. Once embedded deeply into a worldview such beliefs are very difficult to dislodge.

There is one factor that can be seen in most, if not all adherents to alternate worldviews… A lack of fundamental knowledge about how the world works, a lack of breadth to that knowledge. They have never reached a critical threshold of understanding, they never develop a good personal method of evaluating ideas, of testing against the evidence.

Once you reach a certain point in understanding our world, when you have learned enough to start making sense of that body of knowledge, you start seeing the connections, you gain an understanding of the whole. Proper understanding allows new ideas to be tested, to see how any new idea fits into the whole, to see the supporting connections.

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Justice Wilson’s Dissent

In the wake of the supreme court decision on the TMT conservation district use permit last month, many like myself have been reading the opinions of the court. I was pleased to see that the justices were very clear in their views, there is very little room for any future legal steps in this case. This decision sets clear precedents for future land use cases that will certainly occur over the same issues.

Aliʻiōlani Hale
Aliʻiōlani Hale housing the Hawaiʻi Supreme Court. CC Image by D. Logan/Wikimedia Commons
The majority opinion is a systematic refutation of each argument made by telescope opponents. This is particularly true in the numerous trivial matters that opponents attempted to inflate into major issues. Issues like Judge Amanoʻs ʻImiloa membership, or the brevity of some responses to the absolute snowstorm of submissions in the contested case.

In addition to the majority opinion you may read the quite interesting concurring opinion by Justice Pollack. He agrees with the majority on the final result, but promotes using existing frameworks to judge land use cases such as this. It is also interesting the dissenting Justice Wilson joins in this concurring opinion, at least for the first three parts.

The dissent written by Associate Justice Michael Wilson was published almost two weeks later than the majority opinion. The reason for this delay is not given, it is possibly a result of Justice Wilson analyzing the majority opinion and responding to it in his dissent.

As is often the case with decisions like this, it is more interesting to read the dissent than the majority opinion. Any flaws or weaknesses in the case can be examined and can be more informative. This case is an exception to that, the dissent is interesting, if for somewhat different reasons.

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Ancient Nothings

An ancient megalith here on Hawaiʻi? That would be cool, check this out!

A YouTube video of a supposed ancient megalith in North Kohala
The video I find linked on a local Facebook group shows a rayed structure on the ground a few miles north of Kawaihae, with lines radiating from a central point for a mile or more, an enormous compass that points at destinations near and far from the islands.

It is a striking feature, but it is quite the jump to claim that this is a geoglyph created by an ancient civilization.

The video explains that the feature is 120,000 years old based on the geologic datings of the lava flows on the western slope of the Kohala. Part of this dating is based on a map of the island inscribed around the compass.

I know this area fairly well, even know some of the local ranchers, I find the evidence provided by the video a bit lacking. There are more than a few real archaeological remains in the area, remains of the rich Hawaiian culture that existed in the area before western contact.

As soon as I looked at the Google satellite imagery I had a pretty good idea of what I was looking at. A few moments of research confirmed my suspicions… The pattern on the ground is a paddock system used to control cattle movements in a section of range land. I am a bit disappointed, but not really surprised.

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The Divide

Country and city have always been different world, as long as cities have existed. The language each uses to describe the other captures this… Hillbilly, city-slicker, redneck, yuppie, hick, the tradition of mutual derision is as old as history.

Windmills and silos in Wasco County, along state route 206
Windmills and silos in Wasco County, along state route 206
This weekend I was borrowing a pickup truck to run yard waste to the county facility. When I started it up a rather annoying radio station began to play. Looking for an alternative I clicked through the presets on the stereo… Country? I can do country.

With a bed full of oleander branches piled higher than the cab and the tarp flapping I was off, with some very country, country music playing. There would be a few loads this Saturday before the county closed the scales at four.

One thing about country music, it is very reliable. Heavy on the guitar, simple melodic lines perfect for driving. The themes are often heavily based on nostalgia and a simple world of country values. The station is one I seldom listen to, KKOA out of Hilo, carrying the programming from ABC Radio’s “Today’s Best Country” satellite feed.

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TMT Permit Upheld by State Supreme Court

Mid-morning the awaited news found me… The Hawaii State Supreme Court has upheld the conservation district use permit for the Thirty Meter Telescope on Mauna Kea.

The Thirty Meter Telescope site as seen from the top of Keck 2 dome
The Thirty Meter Telescope site as seen from the top of Keck 2 dome
We had been waiting for this decision for some time. Based on the usual length of time the court takes to decide a case the decision should have appeared well over a month ago.

To no one’s surprise, the court took a little longer with this particular case. A case fraught with many questions that are hotly debated in this state.

The news quickly fueled a firestorm of mainstream media articles across the country and social media postings. The pro-telescope communities I participate in were celebrating. Opponents were decrying the decision with responses that range from disbelief to inflammatory.

Mid-afternoon found me atop the Keck 2 dome to check on some instrumentation. From there I had a perfect vantage point to look down upon the TMT site on the north plateau. I stopped to consider what those few acres of rock below had cost so far in terms of time and passion.

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Culture Police Ride Again

Another interesting incident in culture popped up this week, one that illuminates where our society currently stands on the relationships between cultures. Living and working in Hawaiʻi, within Hawaiian culture made this event resonate on a personal level.

A Chicago based eatery has trademarked the name ‘Aloha Poke’. No issue there, simply a legal filing. What they failed to understand is that the word Aloha contains central concept in Hawaiian culture. Thus, when the lawyers for Aloha Poke sent out cease-and-desist letters to similarly named businesses around the country, including one in Hawaii, they were met with a firestorm of criticism.

Awaiting the Sea
An outrigger canoe awaits another voyage
Attempting claim ownership of such a word, even in a limited business context, is simply total fail. Legal? Yes. A good idea? Nope.

I suspect the owners of Aloha Poke are actually figuring that out. On the other hand the management at Aloha Poke has not withdrawn their legal assertions and have made a non-apology.

The missteps of Aloha Poke aside, what is more interesting is how some in the Hawaiian community have responded to the case. There have been statements from a number of community leaders. One of the most telling is from the head of the Office of Hawaiian Affairs, a state agency charged with administering state programs for the Hawaiian community.

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