Persuasive and Communication is the art of negotiation.
President Donald Trump - Mauna Kea Management - A Safe Harbor
1. Clifton M. Hasegawa
President and CEO
Clifton M. Hasegawa & Associates, LLC
1322 Lower Main Street A5
Wailuku, Hawaii 96793
Email: clifhasegawa@gmail.com
LinkedIn: https://www.linkedin.com/in/cliftonhasegawa
VIA FACEBOOK, LINKEDIN SLIDESHARE AND TWITTER
January 31, 2018
The Honorable Donald J. Trump
President of The United States of America
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Re: Mauna Kea ̶ A Safe Harbor ̶
Her Environment, Native Hawaiian Culture and Heritage
Her Scientifc Community and Gift to the World
Dear Mr. President:
The words “human error and inadequate safeguards” issued by the Federal
Communications Commission regarding the false missile alert by the State of Hawaii is
germane, material and relevant to the discussion of Mauna Kea, the management of
the mountain, her environmental and cultural resources, Native Hawaiian heritage,
and to her resident scientifc community of astronomers and observatories from across
the globe. My correspondence with you is the creation of a safe harbor by focusing on
the strengths within the current structure by returning comprehensive management
exclusively to the Institute of Astronomy, University of Hawaii and the establishment of
the Mauna Kea National Park to be managed by the U.S. Department of the Interior,
National Parks Service to encompass approximately 12,000 acres of land currently
managed by the State of Hawaii as a Conservation District.
2. The Hawaii Legislature is struggling to fd a remedy this failed process. The
creation of a new organization The Mauna Kea Management Authority is the legislative
proposal being vetted. The creation of a Mauna Kea Management Authority to merge
the functions and authority of the University of Hawaii and the Department of Land
and Natural Resources to remedy the anemic conditions does not streamline the
process but adds another layer of oversight to and upon the myriad of existing layers.
Political agendas have splintered and burdened the efciency, efectiveness and ethos
of the process.
Please refer to the attachments,
Mauna Kea – Thirty-Meter Telescope – Management – Legislative Solutions
State of Hawaii – David Ige – Mauna Kea – I Got This
The summit of Mauna Kea Visitor Information Station is a State of Hawaii
Conservation District and not part of the National Park Service (NPS) Program.
The Haleakalā Observatory1
, known as the Haleakalā High Altitude Observatory
Site, is Hawaii's frst astronomical research observatory. It is located on the island of
Maui and is owned by the Institute for Astronomy (IfA) of the University of Hawaii23
,
which operates some of the facilities on the site and leases portions to other
organizations.
1 IfA Haleakala Observatories https://www.ifa.hawaii.edu/haleakalanew/observatories.shtml
2 The Institute for Astronomy (IfA) was founded at the University of Hawaii (UH) in 1967 to
manage the Haleakalā Observatories on Maui and the Mauna Kea Observatories on the Big
Island http://www.ifa.hawaii.edu/ifa2/about_ifa.shtml
3 In 1968 Governor John A. Burns established the Maunakea Science Reserve, and through a
lease with the Department of Land & Natural Resources the University of Hawaii was
granted the authority to operate the Science Reserve as a scientifc complex. In August,
2000 the Ofce of Mauna Kea Management (OMKM) was established as directed in the
Master Plan to responsibly steward the land use and activities on UH managed lands on
Maunakea. 11,288 acres of State-owned land on Maunakea are managed by OMKM.
http://www.malamamaunakea.org/about-us/history
3. THE MEES SOLAR OBSERVATORY Hawaii Institute for Geophysics and
Planetology,
School of Ocean and Earth Science and Technology, University of Hawaii at
Mānoa,
PAN-STARRS PS 1 and PS 2 operated from the IfA's Advanced Technology
Research Center in Maui. Images from the telescope are transferred via a high-
speed data connection to a powerful computer cluster for analysis,
ADVANCED ELECTRO-OPTICAL SYSTEM [AEOS] A joint Air Force Research
Laboratory (AFRL) and IfA initiative.
LCO FAULKES OBSERVATORY Part of the Las Cumbres Observatory Global
Telescope Network (LCOGTN),
TLRS-4 Laser Ranging System and Zodiacal Light Observatory Operated and
maintained by he University of Hawaii IfA
THE DANIEL K. INOUYE SOLAR TELESCOPE (DKIST) Operated by by the
Association of Universities for Research in Astronomy under a cooperative
agreement with the National Science Foundation, for the beneft of the
astronomical community. https://dkist.nso.edu/ DKIST is the world's largest
telescope.
CREATION OF THE OFFICE OF MAUNA KEA MANAGEMENT (OMKM)
DISPLACING IfA MANAGEMENT OF MAUNA KEA
A GRAND DESIGN TO SEPARATE CULTURE, SCIENCE, AND ECONOMICS
The Institute for Astronomy (IfA) is 38 years old and is by far the youngest
among top ranked astronomy programs in the U.S. In this short time, the
Institute has grown to become one of the most visible of UH's scientifc
research programs and one of the most respected astronomy institutes in the
world. The IfA plays in the same league as Caltech, Harvard, Princeton,
Berkeley, and Cambridge. It attracts the best faculty and the best students from
around the world.
4. It has become a pillar of academic excellence and certainly an engine of
economic growth in the State. Where once school kids in the world learned
that the center of astronomy was Mount Palomar in California now they learn it
is in Hawaii.
The answer to this question is the superior quality of Mauna Kea and Haleakala
as the world's best observatory sites and the concept developed by the IfA, the
University and the State to build up the most capable observatory in the world.
The astronomers of the IfA were the frst in the world to dare to build a
technologically very challenging and complex observatory with small, but very
efcient, telescopes at the extreme elevation and thin air of 13,796 ft. With
their exciting astronomical detections they were able to demonstrate to the
world that Mauna Kea is unique as an astronomical site.
The 2000 Master Plan is a comprehensive document, which was approved by
the Board of Regents in June 2000 after an arduous, two-year process with
input from all sectors of the community, and supervised by a community-based
advisory committee chaired by two faculty members at UH Hilo's College of
Hawaiian Language, Dr. Pila Wilson and Mr. Larry Kimura. It was accompanied
by a State Environmental Impact Statement signed by the Governor of the
State. It addresses the cultural and environmental aspects of the University's
use and responsibility for the Mauna Kea Science Reserve and proposes a new
organizational structure, which has been implemented by establishing the
Ofce of Mauna Kea Management, based at the University of Hawaii at
Hilo, and two important community based advisory bodies, the Mauna Kea
Management Board, and Kahu Ku Mauna, the Ofce's and Board's cultural
advisory council. Within the new organizational structure the Institute for
Astronomy’s responsibility on Mauna Kea is limited to astronomical
operation, research and education, whereas the Ofce has the
responsibility for the cultural and environmental protection and all other
aspects of land management. [Emphasis Supplied]
Source: Ofce of Mauna Kea Management (OMKM) Report on Long-term development
of observatory sites on the summit of Mauna Kea 2007 Legislature. HCR 314 HD1,
2006. Accessed January 31, 2018.
http://www.hawaii.edu/ofces/eaur/govrel/reports/2007/hcr314_2006_maunakea_development_report.pdf
5. Mauna Kea is the continuing victim of this foundering, failed grand design to
separate culture, science and economics.
The attempt to separate culture, science and economics for the comprehensive
management of Mauna Kea has and continues to engender and give rise to self-serving
agendas of stakeholders, private and governmental organizations, and businesses to the
detriment and injury of the comprehensive management of Mauna Kea and has divided
and alienated the Native Hawaiian community and communities across the State of
Hawaii.
The upheaval and pandemonium that grows with each passing day has sparked
intense interest and rallied intervention from across the nation and the world.
The government of Hawaii has failed miserable to quell this discontent.
Resolution of this unabated and growing catastrophe by creating legislative
solutions to heal inficted torment, trauma, grief, outrage, insults and humiliation is
debatable, realistically improbable. Your consideration and help is requested.
Thank you very much.
Respectfully,
Clifton M. Hasegawa
Enclosures
1. Mauna Kea – Thirty-Meter Telescope – Management – Legislative Solutions
2. State of Hawaii – David Ige – Mauna Kea – I Got This
6. MAUNA KEA
Management by University of Hawaii Institute of Astronomy (IfA)
Lessons Learned
Layering, the creation of a new oversight organization, as the legislative
solution for long standing problems is created by legislators as a way to
bulletproof and shield themselves from the pain from complaints,
grievances, and concerns inficted by angry, frustrated and furious citizens
Layering forks out, attributes and assigns accountability and responsibility
Layering is plugged and promoted as the all-purpose cure-all solution
Layering has merit and is a choice when all else fails
̶̶̶ House Speaker Emeritus Joseph M. Souki ̶̶̶
SHOULD UH STILL MANAGE THE MAUNA KEA SUMMIT?
A Senate bill seeks to quell controversies on the mountain by removing
the University of Hawaii as the manager.
By Stewart Yerton. Honolulu Civil Beat. January 26, 2018
http://www.civilbeat.org/2018/01/should-uh-still-manage-the-mauna-kea-summit/
A coalition of state senators has introduced a bill to dramatically change the
management of Mauna Kea, the dormant Hawaii Island volcano that is a
sacred place to some Native Hawaiians and one of the world’s premier sites
for astronomy.
Senate Bill 3090 would create the Mauna Kea Management Authority to
manage the mountain’s summit, which is now overseen by the University of
Hawaii.
7. The Ofce of Hawaiian Afairs (OHA) thanks the 17 senators who
co-sponsored SB3090. As the legislative process moves forward,
we look forward to a healthy discussion on the measure that
involves a broad range of Mauna Kea stakeholders, including
Native Hawaiian practitioners, educators, and others. OHA
continues to maintain that better management on Mauna Kea is
critical. And this bill appears to be a bold step in that direction.
̶OHA Trustee Dan Ahuna̶
NOTE, SUPPLIED
SENATE COALITION OF 17
Senator Stanley Chang, Senator Donovan M. Dela Cruz, Senator J. Kalani English,
Senator Will Espero, Senator Brickwood Galuteria, Senator Breene Harimoto,
Senator Lorraine R. Inouye, Senator Kaiali`i Kahele, Senator Gilbert Keith-Agaran,
Senator Michelle N. Kidani, Senator Donna Mercado Kim, Senator Clarence K.
Nishihara, Senator Karl Rhoads, Senator Gil Riviere, Senator Maile Shimabukuro,
Senator Brian T. Taniguchi, Senator Glenn Wakai
_____________________
VIEWPOINT
Freedom Just Causes Fairness and Equality for All
@cliftonmhasegawa
UH's management has been criticized for its management in a line of state audits
dating to 1998. [Civil Beat]
July 2017
OFFICE OF THE AUDITOR STATE OF HAWAII
A Report to the Governor and the Legislature ofbthe State of Hawaii
http://fles.hawaii.gov/auditor/Reports/2017/17-06.pdf
8. What we found in 2014
In Report No. 14-07, Follow-Up Audit of the Management of Mauna Kea and the
Mauna Kea Science Reserve, we found that UH did not expect to adopt
administrative rules until 2017, due in part to delays in the rulemaking process. In
the absence of rules, UH was managing and assessing fees on commercial tour
activities with permits and informal agreements unauthorized by the UH Board of
Regents. We also found that contractual terms and other requirements precluded UH
and DLNR from updating general leases, subleases, and permits.
What we found this year [2017]
Our follow-up on the implementation of recommendations made in Report No. 14-
07, conducted between October 2016 and January 2017, included interviews with
selected personnel, examining relevant documents and records, and evaluating
whether UH and DLNR's actions appeared to fulfll our recommendations. We found
that UH and DLNR have partially implemented four of the recommendations. Three
recommendations remain open, and one is inapplicable at this time.
Recommendation 1
UH should adopt administrative rules governing public and commercial activities as
soon as possible, but no later than 2017.
Partially Implemented – Comments
UH completed the drafting of administrative rules and was prepared to begin the
necessary public hearing process. However, at the request of the governor, who must
authorize the initiation of public hearings for the draft rules, UH has temporarily halted
the process of fnalizing rules.
VIEWPOINT Full completion of this recommendation requires immediate action by
the Governor.
9. Recommendation 2
UH should obtain the UH Board of Regents' approval for the conditions and fee
schedule included in commercial tour use permits issued by UH–Hilo via a Board of
Regents open public meeting pursuant to Chapter 92, HRS.
Not Implemented – Comments
UH anticipates that a proposed schedule will be prepared and approved concurrently
with the approval of the fnal administrative rules.
VIEWPOINT Approval of Administrative Rules requires action of the State Attorney
General's Ofce. Reference,
Thu, Nov 16, 2017, 9:59 AM Hawaii State Ethics Commission
<Ethics@hawaiiethics.org> wrote:
Dear Mr. Hasegawa,
The Commission does have the authority to promulgate rules, as set forth
in HRS chapters 84 and 91. The Commission is in the process of
considering draft administrative rules – you can fnd some early drafts of
the frst few chapters on our website (within the meeting materials for the
October and November Commission meetings). We still have quite ways
to go, and they have to be reviewed by the Attorney General and
released for public comment, so I can't give an estimate on when they'll
be implemented. [Emphasis Supplied]
Thanks,
Daniel Gluck, Executive Director
Recommendation 3
UH should determine whether unauthorized fees collected since FY2007 should be
returned to commercial tour operators.
Not Implemented – UH Disagrees
10. Comments
UH continues to assert that the issuance of commercial tour permits was authorized by
the Board of Land and Natural Resources and allows enforcement of permit conditions
and the ability to set and assess fnes for permit violations and non-compliance.
VIEWPOINT Action by the Governor with advice and consent of the Senate required.
This is a classic example of a bureaucratic turf war being waged by and between the
University of Hawaii and the Department of Land and Natural Resources, both under
the umbrella of The Executive Branch of government.
Members of the Board of Land and Natural Resources are appointed by the Governor
with the advice and consent of the Senate. The Governor appoints the Chairperson of
the Board from among its members. The Chairperson serves as the Chief Executive
Ofcer of the Department of Land and Natural Resources.
Members of the University of Hawaii Board of Regents are appointed by the Governor
with the advice and consent of the Senate. The President of the University of Hawaii is
appointed by the Board of Regents, serves as the Executive Ofcer of the Board of
Regents and administers its policies. The President is responsible for the educational
leadership, administration, and research and service missions of the entire University
System.
Recommendation 4
UH should complete Comprehensive Management Plan (CMP) management actions,
the implementation of which under the CMP implementation plan is scheduled as
“immediate,” as soon as possible, but no later than the end of 2016.
Partially Implemented
Comments
UH has implemented 20 of the 25 total CMP management actions.
Target Date
Per UH, the estimated date of completion is December 2017.
11. VIEWPOINT Follow-up by the State Auditor is required to determine whether or not
Recommendation 4 has been fully implemented.
Recommendation 5
UH should further its eforts to renew general leases for UH-managed lands on Mauna
Kea by continuing to work with DLNR and proceeding with the Environmental Impact
Statement (EIS) process under Chapter 343, HRS.
Partially Implemented
Comments
UH and DLNR assert that securing a new master lease would require an EIS. Such
eforts were restarted at the request of the governor following protests against the TMT
project, and work is ongoing.
VIEWPOINT Follow-up by the State Auditor is required to determine whether this
alternative has been fully implemented. A Master Lease is not recommended as each
observatory has unique features and operational requirements and conditions.
Development of General Terms and Conditions as for Federal and State contracts is
indicated and recommended for each sublease.
Recommendation 6
UH should renegotiate with existing sublessees to amend subleases to include
provisions that address stewardship issues, as modeled by the provisions in the 2014
TMT sublease, following execution of the new general leases for
UH-managed lands on Mauna Kea.
Not Implemented
Comments
UH asserts that a new general lease needs to be established before sublease
agreements can be renegotiated.
12. VIEWPOINT Disagree. The existing sublease is the current contractual document. The
UH should be directed to focus and concentrate on the terms and conditions of the
current subleases and to negotiate new terms and conditions where warranted.
Recommendation 7
DLNR should continue working with UH to renew the general leases for the UH-
managed lands on Mauna Kea and ensure the leases are substantially in the form
DLNR's Land Division recommended for approval by the Board of Land and Natural
Resources.
Partially Implemented
Comments
UH and DLNR assert that the preparation for seeking a new master lease includes
preparation of an EIS. Such eforts were restarted at the request of the governor
following protests against the TMT project, and work is ongoing.
VIEWPOINT The requirement for restart of the EIS process was directed by the
Governor to clarify and bring current legal, environmental, cultural and stewardship
responsibilities. The fulfllment of environmental, cultural and stewardship
responsibilities were examined by Judge Riki Amano. Judge Amano issued her
recommendations which were adopted by the Board of Land and Natural Resources.
The adequacy is under challenge at the Hawaii Supreme Court.
The assertion by UH the delay is attributable to the EIS process is both ingenious and
disingenuous. See,
“UH has done initial work on updating the EIS preparation notice, including revised
alternatives, but has paused the process to address the return of 10,000 acres to DLNR
jurisdiction.” Source: UH reports progress on governor's 10 point plan for Mauna Kea.
U n i v e r s i t y o f H a w a i i N e w s . M a y 2 5 , 2 0 1 6 .
http://www.hawaii.edu/news/2016/05/25/uh-reports-progress-on-governors-10-point-
plan-for-maunakea/
13. Recommendation 8
DLNR should use additional stewardship-related conditions contained within the TMT
observatory permit as a template in all new observatory permits issued for the summit
of Mauna Kea.
Not Implemented - N/A
Comments
The TMT observatory permit has been voided. As a result, this recommendation
cannot be addressed until the ongoing contested TMT case is fully resolved.
VIEWPOINT Environmental, cultural, stewardship and Public Trust responsibilities
are mandatory, continuing and uninterruptible but for Act of God or for legal reasons
by Order of The Hawaii Supreme Court. To the best of my knowledge and belief no
Act or Order to cease and desist has been issued.
Strongly Agree that “stewardship-related conditions contained within the TMT
observatory permit” should be used as a starting point to renegotiate observatory
permits and subleases.
_______________________________________________________
VIEWPOINT
Freedom Just Causes Fairness and Equality for All
@cliftonmhasegawa
Sufcient reason for a Mauna Kea Management Authority are not indicated.
The University of Hawaii and the Institute for Astronomy (IfA) have faltered, fallen
short but by the same accord have and continue to strive to achieve excellence.
Organizationally and professionally the University of Hawaii and IfA Team given their
overall quality of work, scientifc achievements, world-wide experience, qualifcations,
expertise and proven track record of stewardship as exemplifed, particularly and
specifcally, by and in the Haleakala National Observatory and the Senator Daniel K.
Inouye Solar Telescope (DKIST) is able, capable and qualifed to manage Mauna Kea.
14. STATE OF HAWAII
DAVID Y. IGE
STEWARDSHIP ̶ GOVERNANCE
MAUNA KEA
DANCE WITH ME
Now you can dance with me or you can get of my dance foor.
I'm fne dancing alone.
~ Olivia Pope
YOU CAN'T EAT YOUR CAKE AND HAVE IT, TOO
The use of the phrase, therefore, is to tell someone that they can't
have two good things that don't normally go together at the same time,
like eating a cake and then continuing to possess that same cake so you
can eat later.
By now, the use of the word "have" in the English language has evolved to
also encompass the meaning of "eat." "Have your cake and eat it, too" is
outdated and perhaps, as Zimmer writes, it's time to retire the phrase.
Source: Here's what 'have your cake and eat it too' really means By Jacob Shamsian.
The Business Insider. December 1, 2016, accessed January 30, 2018
http://www.thisisinsider.com/what-does-have-your-cake-and-eat-it-too-mean-2016-11
15. IS CARLETON CHING THE MAN
TO PROTECT HAWAII'S PUBLIC LANDS
Overseeing the department is the Board of Land and Natural Resources, one of
the state's most powerful boards. The board rules on conservation district use
permits, which are needed for projects such as the MAUNA KEA TELESCOPE
ON THE BIG ISLAND to move forward. The board also makes decisions about
the management of fsheries. [Emphasis Supplied]
Source: Is Carleton Ching the Man to Protect Hawaii’s Public Lands? By Sophie Cocke
and Anita Hofschneider. Honolulu Civil Beat. February 12, 2015, accessed January 30,
2 0 1 8 https://cdn.relaymedia.com/amp/www.civilbeat.org/2015/02/is-carleton-ching-the-
man-to-protect-hawaiis-public-lands/
_______________________
MAUNA KEA COMPREHENSIVE MANAGEMENT
BOARD OF LAND AND NATURAL RESOURCES
Board of Land and Natural Resources serves as head of DLNR in carrying out its
responsibilities, functions, and programs, except on matters relating to water
resources. Administers and regulates the use of land within Conservation Districts
and the Natural Area Reserves system. Issues general leases for the Mauna Kea
Science Reserve and Hale Pōhaku facilities and grants easement for the Summit
Access Road.
MAUNA KEA COMPREHENSIVE MANAGEMENT
UNIVERSITY OF HAWAII
BOARD OF REGENTS Has fnal project approval and design review authority over
major projects within the Mauna Kea lands managed by UH. Regulates public and
commercial tour activities.
CHANCELLOR UNIVERSITY OF HAWAII at MANOA and HILO Oversees and
provides general direction to the OMKM. Is authorized to sign commercial tour use
permits.
16. OFFICE OF MAUNA KEA MANAGEMENT Manages and protects the cultural and
natural resources of the Mauna Kea lands managed by UH on a day-to-day basis,
including coordinating monitoring programs and databases. Establishes Mauna Kea
management policies with other stakeholders, both public and private, and agencies
on issues and/or activities related to the mountain and functions as a referral and
facilitative agency for issues that are outside its authority but related to the
mountain. Reviews project designs and ensures that any proposed project is
consistent with the Master Plan and Comprehensive Master Plan. Oversees and
processes commercial activity permits. Oversees the Mauna Kea Ranger Program,
which it manages jointly with Mauna Kea Observatories Support Services. Mauna
Kea Observatories Support Services.
Reference: Mauna Kea - Thirty Meter Telescope - Institute for Astronomy [IfA]
Comprehensive Management Authority SlideShare. https://www.slideshare.net/cliftonmhasegawa/mauna-
kea-thirty-meter-telescope-institute-for-astronomy-ifa-comprehensive-management-authority
CARLETON CHING APPOINTED to NEW University of Hawaii
'DIRECTOR OF LAND DEVELOPMENT' job
Everyone remembers Carleton Ching, right? Former lobbyist for Castle &
Cooke? Was Governor David Ige’s frst choice to be chairperson of the
Department of Land & Natural Resources, right up to (and even a little
past) the moment when it became clear no one in the state with even the
slightest interest in the environment wanted him in that job? Well, he’s
been appointed to a new government post – Director of Land
Development for the University of Hawaii.
“Carleton’s extensive experience in real estate development, coupled with
his proven leadership, makes him the ideal executive to help further the
University's strategic direction and focus on being a high performance
organization,” said UH President David Lassner in a Nov. 13 UH press
release. “Carleton will be instrumental in leveraging the University's land
assets to support our core mission of providing quality, afordable higher
education to the people of Hawaii.”
17. In case you're wondering (like I was), UH has not previously had a
“Director of Land Development.” UH spokesperson Daniel Meisenzahl
confrmed to me that Ching will be the frst. As far as what the job
Carleton Ching appointed to new University of Hawaii ‘Director of
Land Development’ job actually does, here's the description from the
Nov. 13 UH press release on Ching: “As Director of Land Development,
Ching will be responsible for maximizing return on UH's land assets and
he will be charged with systemwide planning, development and oversight
of the University’s developed and undeveloped properties.”
The job is also a bit more lucrative than the DLNR Chairperson job Ching
had previously been up for. That job pays about $133,000 a year, while
the new UH Director of Land Development position will pay a little more
than $143,000 a year.
Source: Carleton Ching appointed to new University of Hawaii ‘Director of Land
Development’ job By Anthony Pignataro. Maui Time. November 17, 2015 ,
accessed January 30, 2018 https://mauitime.com/news/politics/carleton-ching-
nominated-for-new-university-of-hawaii-director-of-land-development-job/
STAY OUT OF MY WAY! I GOT THIS!
THIS IS THE WAY I ROLL!