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Here’s why the Office of Hawaiian Affairs wants to repeal the new Maunakea management group

The Caltech Submillimeter Observatory on Maunakea
The California Institute of Technology
The Caltech Submillimeter Observatory on Maunakea

A new community-based stewardship authority created to better manage Maunakea is being challenged in court by the Office of Hawaiian Affairs. As HPR’s Kuʻuwehi Hiraishi reports, OHA filed a suit last week that alleges the board is unconstitutional and that some of its members have conflicts of interest.

The Maunakea Stewardship and Oversight Authority was created two years ago to assume responsibility for managing the mountain from the University of Hawaiʻi.

UH Professor Kamana Beamer, who serves on the authority, said the process of creating a new entity from scratch has been a challenge for the all-volunteer board.

"You know Hawaiʻi has never had a government entity that’s had to do this for decades. We’re literally creating working groups on stewardship of Maunakea, on creating the organizational structure for our office," Beamer explained. "We’re creating subcommittees for hiring consultants to establish our policies and procedures."

The 11-member authority is wrapping up its first year of operation. They’ve hired their first staff member.

Beamer said they’ve also vetted a handful of very qualified candidates for the executive director position, and they are very close to making a selection.

Maunakea Authority member Lanakila Manguil called the group’s work “revolutionary.”

"In a sense of hybrid, you know, still working within the system. It is something very different. I know a lot of our kanaka maoli, our people, kiaʻi were very concerned seeing that there were only two positions on the board being held for kanaka maoli," Manguil said.

"You know there is the traditional cultural practitioner position that I hold and a lineal descendant position which is Aunty Pōmai Bertlemann. However … we have kanaka in many positions," he said.

A majority of the members, about seven, are Native Hawaiian. The authority was seen as an effort to give Native Hawaiians more of a say in the management of Maunakea.

So the recent lawsuit by OHA may have come as a surprise to some.

Kealoha Pisciotta, a long-time advocate for improved mauna management, said the lawsuit is not against the Native Hawaiians appointed to the committee.

"It’s not about that. It’s about the process, and the ceded lands and OHA’s role because OHA was supposed to be on the authority and then they got booted. And OHA … it’s not like 'Oh we’re offended.' It’s like, 'We’re mandated,'" Pisciotta said.

In the lawsuit filed last week in Circuit Court, OHA argues the law that created the authority, Act 255, violates the contract clause of the U.S. Constitution and that it should be repealed.

OHA said Act 255 allows the state to avoid accountability for decades of mismanagement.

OHA Board Chair Carmen "Hulu" Lindsey said in a statement: “Maunakea represents a sacred space for Native Hawaiians. It is OHA’s responsibility to advocate for Native Hawaiians and protect Hawaiian resources."

"Ultimately, it is our goal to make the mauna more accessible and provide greater protections against the abuses it has sustained for more than 50 years," Lindsey said.

Kuʻuwehi Hiraishi is a general assignment reporter at Hawaiʻi Public Radio. Her commitment to her Native Hawaiian community and her fluency in ʻōlelo Hawaiʻi has led her to build a de facto ʻōiwi beat at the news station. Send your story ideas to her at khiraishi@hawaiipublicradio.org.
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