Hi All,Send your responses to - adaline.f.cummings@hawaii.govThanks.ku________To: Department of Land and Natural ResourcesAttn: Board MembersSubject: Authorization for the Chair to Negotiate and Sign aCooperative Agreement with the Office of Mauna Kea Management,University of Hawaii at Hilo, for Cooperative Management of Mauna KeaIce Age Natural Area Reserve, HawaiiMeeting Date: Friday, October 24, 2008Chair and Members,This communication is in opposition to the above-entitled proposal.First of all - the Office of Mauna Kea Management - relative toanything "official" on the so-called "ceded" lands of Mauna Kea is asub-agency of the Hawaii state Board of Land and Natural Resource'sLessee (University of Hawaii) of the Science Reserve - and nothingmore. It is a product of the University of Hawaii's 2000 Plan - thathas significance, if at all, only in the University of Hawaii system.It is a non-entity relative to the general lease of the ScienceReserve to the university - as the 2000 plan is NOT an approved(relative to BLNR) plan on Mauna Kea.While the so-called "ceded" lands subject to this action is part ofthe Ice Age Natural Area Reserve ("Reserve") - it is more or less amisnomer. The so-called Adze Quarry is a major part of the Reserveand it IS NOT Natural.The so-called Adze Quarry is a very important cultural landmark onMauna Kea - that is considered to be very sacred to Kanaka Maolicultural practitioners. It plays an important role in the dynamicevolution of past and present Kanaka Maoli culture.I am a Kanaka Maoli cultural practitioner on Mauna Kea. I am also aKanaka Maoli religious practitioner on Mauna Kea.Secondly, while the so-called state of Hawaii is the "trustee" of theso-called "ceded" lands - the real owner of the mountain - and theentire "state" - is the Hawaiian Kingdom and/or its subjects - priorand present.The Supreme Court of the state of Hawaii opines (in a February 2008finding) that the 1993 Apology Resolution of the congress of the u.s.,igned by then president Clinton ("Apology Resolution") is therecognized law in the state of Hawaii.The Apology Resolution states, among other things:Whereas, the Republic of Hawaii also ceded 1,800,000 acres of crown,government and public lands of the Kingdom of Hawaii, without theconsent of or compensation to the Native Hawaiian people of Hawaii or>their sovereign government;* * *Whereas, the indigenous Hawaiian people never directly relinquishedtheir claims to their inherent sovereignty as a people or over theirnational lands to the United States, either through their monarchy orthrough a plebiscite or referendum;"My intervention in this action is based on my claim, as a Kanaka Maolisubject, to these so-called "ceded" lands.Additionally, the proposed action seeks to begin the final step tocomplete the "U.H.-ilization" of the mauka lands of Mauna Kea.As it is public knowledge that the University of Hawaii continues toseek a high degree of "autonomy" in its operations and land occupation- the completion of the "U.H.-ilization" of Mauna Kea may be an issueright out of Pandora's box.While you (BLNR) and the U.H. doesn't and cannot dictate my culturaland religious practices on Mauna Kea - or anywhere else - there may bean inherent belief (by non-believers) that I may not be credible in mybeliefs. However, I'm sure that any and every court in Hawaii willnot be in disagreement with my views.As part of its "Astronomy" general lease of the Science Reseve - theU.H. has NOT been an adequate and/or responsible steward and Lessor ofMauna Kea. See State Auditor's Report and Recommendations AND yourown records of fines and other rebukes and recommendations that havebeen levied on the U.H.To even contemplate the activity proposed here - is ludicrous. Onecannot find a better example of allowing the fox to take charge of thechicken house than in this Mauna Kea situation.An important question is: Who will pay the bill to implement thisCooperative Managment Agreement? Is it the U.H. or BLNR?While BLNR continues to complain of a shortage of financial resourcesto manage and administer Mauna Kea - and the remainder of theso-called "ceded" lands, its insistence on NOT charging fair rents(for astronomy activities), as required by HRS 171, is ridiculous.On the other hand, DLNR has its own rangers and other personnel thatshould be managing and administering activities on Mauna Kea - and, iffair market rents have/had been collected - there would be ample fundsfor the proper administration and management of Mauna Kea.Additionally, you may be in violation of the requirements of the PASHand other cases - as you are charged to advocate and defend Hawaiiancultural practices on Mauna Kea and other lands. To do so - it seems- you ought to be consulting with, among others, the cultural andreligious practitioners of Mauna Kea. You surely haven't attempted todo so with me.Because of the cultural and religious importance of this proposed action, I would recommend that it be the subject of a public hearing. In that way, you will be able to get a quick "public" response to this ill-conceived proposal.However, to turn over any "management" responsibilities of Mauna Keato the "fox" will surely not meet with your (as passed down from thestate as trustee) statutory responsibilities. Let me remind you thatthe breach of your statutory fiduciary and other responsibilities isvery serious business - and can incur administerial AND personalliabilities.So, please take heed and refrain from upsetting the balance on themountain. You are legally charged with administering and managing allactivities on Mauna Kea. To do otherwise puts yourselves in legaljeopardy.Thank you for your attention.Kukauakahi/Clarence ChingCultural and Religious Practitioner on Mauna Kea
To: Department of Land and Natural Resources
Attn: Board Members
Subject: Authorization for the Chair to Negotiate and Sign a
Cooperative Agreement with the Office of Mauna Kea Management,
University of Hawaii at Hilo, for Cooperative Management of Mauna Kea
Ice Age Natural Area Reserve, Hawaii
Meeting Date: Friday, October 24, 2008
Aloha Kakou,
I was informed just yesterday (October 23, 2008) that the Board of Land and Natural Resources (BLNR, or Board) is contemplating negotiating an agreement to authorize the chair to "Negotiate and Sign a Cooperative Agreement with the Office of Mauna Kea Management, University of Hawaii at Hilo, for Cooperative Management of Mauna Kea Ice Age Natural Area Reserve, Hawaii."
When I went to the BLNR website I did indeed see this item listed on your proposed agenda for your meeting today, October 24, 2008, which causes me great concern. I also saw several other items that disturbed me and I am motivated to express my deep concerns for what I consider illegal actions being proposed at this meeting. Not incidentally, when I attempted to review the materials on your website as instructed, the result was that the webpage in question was not available, so I was not able to conduct a full review of the proposed actions.
As I reviewed the agenda items, however, I am struck by the fact that several of the items appear to violate the finding of the Supreme Court of the State of Hawai'i that the circuit court grant the plaintiff's request for an injunction against the defendants, i. e., the State of Hawai'i, "
"…from selling or otherwise transferring to third parties…(2) any other ceded lands from the public land trust until the claims of the native Hawaiians to the ceded lands have been resolved." (Office of Hawaiian Affairs, et al. vs. State of Hawai'i, et al., No. 25570, Appeal from the First Circuit Court, Civ. No. 94-4207, January 31, 2008).
Inasmuch as the BLNR is an agency of the State of Hawai'i, it appears that this ruling also applies to it as well as several other parties involved in this and other proposed actions on the agenda.
It appears that the Board is "treading on thin ice" by attempting to transfer legal authority to other state agencies in this action, first, second or third parties notwithstanding, in violation of the court's order. If it is found that this is true, and if the Board is being dutifully advised by competent legal counsel, the consequences of violating the court's order should be evident. Further, if the Board persists in violating the court's finding, then it is certain that legal actions will be filed in the courts to prevent the Board from moving forward with these and other similar actions.
Prudent action would seem to be obvious: cease and desist from any actions that violate the court's finding until the claims of the native Hawaiians to the ceded lands have been resolved. Furthermore, it would be wise to not expend any more taxpayer monies in the pursuit of actions that will ultimately damage the standing and reputation of the Board.
You are so cool and I am going to write a letter in agreement with yours and refer to the sacredness of the mountain as a whole and not build any further on Mauna Kea until the rightful owners, Ko Pae `Aina O Hawai`i, get back that which does not belong to University of Hawai`i, or Department of Hawaiian Homes. I agree with you fully. Mahalo for the heads up...I will write my letter.
Comments
I would say you "layed it on the line" for them...Mahalo. Others can read your mana`o and maybe write letters of their own.
Aloha,
Momi
Attn: Board Members
Subject: Authorization for the Chair to Negotiate and Sign a
Cooperative Agreement with the Office of Mauna Kea Management,
University of Hawaii at Hilo, for Cooperative Management of Mauna Kea
Ice Age Natural Area Reserve, Hawaii
Meeting Date: Friday, October 24, 2008
Aloha Kakou,
I was informed just yesterday (October 23, 2008) that the Board of Land and Natural Resources (BLNR, or Board) is contemplating negotiating an agreement to authorize the chair to "Negotiate and Sign a Cooperative Agreement with the Office of Mauna Kea Management, University of Hawaii at Hilo, for Cooperative Management of Mauna Kea Ice Age Natural Area Reserve, Hawaii."
When I went to the BLNR website I did indeed see this item listed on your proposed agenda for your meeting today, October 24, 2008, which causes me great concern. I also saw several other items that disturbed me and I am motivated to express my deep concerns for what I consider illegal actions being proposed at this meeting. Not incidentally, when I attempted to review the materials on your website as instructed, the result was that the webpage in question was not available, so I was not able to conduct a full review of the proposed actions.
As I reviewed the agenda items, however, I am struck by the fact that several of the items appear to violate the finding of the Supreme Court of the State of Hawai'i that the circuit court grant the plaintiff's request for an injunction against the defendants, i. e., the State of Hawai'i, "
"…from selling or otherwise transferring to third parties…(2) any other ceded lands from the public land trust until the claims of the native Hawaiians to the ceded lands have been resolved." (Office of Hawaiian Affairs, et al. vs. State of Hawai'i, et al., No. 25570, Appeal from the First Circuit Court, Civ. No. 94-4207, January 31, 2008).
Inasmuch as the BLNR is an agency of the State of Hawai'i, it appears that this ruling also applies to it as well as several other parties involved in this and other proposed actions on the agenda.
It appears that the Board is "treading on thin ice" by attempting to transfer legal authority to other state agencies in this action, first, second or third parties notwithstanding, in violation of the court's order. If it is found that this is true, and if the Board is being dutifully advised by competent legal counsel, the consequences of violating the court's order should be evident. Further, if the Board persists in violating the court's finding, then it is certain that legal actions will be filed in the courts to prevent the Board from moving forward with these and other similar actions.
Prudent action would seem to be obvious: cease and desist from any actions that violate the court's finding until the claims of the native Hawaiians to the ceded lands have been resolved. Furthermore, it would be wise to not expend any more taxpayer monies in the pursuit of actions that will ultimately damage the standing and reputation of the Board.
Thank you for your attention to this matter.
Me ka ha'aha'a,
Keoki Sousa
Cultural practitioner
You are so cool and I am going to write a letter in agreement with yours and refer to the sacredness of the mountain as a whole and not build any further on Mauna Kea until the rightful owners, Ko Pae `Aina O Hawai`i, get back that which does not belong to University of Hawai`i, or Department of Hawaiian Homes. I agree with you fully. Mahalo for the heads up...I will write my letter.
Aloha,
Momi