(a) Except as otherwise limited by this chapter, the authority, as it pertains to the Mauna Kea land area, may:

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Terms Used In Hawaii Revised Statutes 195H-5

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Authority: means the Mauna Kea stewardship and oversight authority. See Hawaii Revised Statutes 195H-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Mauna Kea lands: means lands under the state lease, as defined in this chapter. See Hawaii Revised Statutes 195H-2
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes an individual, a partnership, a corporation, or an association, except as otherwise defined in this chapter. See Hawaii Revised Statutes 195H-2
(1) Make and execute contracts, leases, and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;
(2) Make and alter bylaws for its organization and internal management;
(3) Adopt rules pursuant to chapter 91 for the purposes of this chapter;
(4) Conduct meetings in accordance with chapter 92 for the purposes of this chapter;
(5) Appoint officers, agents, and employees who may be exempt from chapter 76, prescribe their duties and qualifications, and fix their salaries;
(6) Provide advisory, consultative, training, and educational services; technical assistance; and advice to any person, partnership, or corporation, either public or private, to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;
(7) Procure insurance against any loss in connection with its property and other assets and operations in amounts and from insurers as it deems desirable;
(8) Contract for and accept gifts or grants in any form from any public agency or from any other source;
(9) Adopt rules governing the procurement and purchase of goods, services, and construction, subject to the requirements of chapter 103D;
(10) Enter into cooperative agreements, easements, subleases, or other contracts, as necessary, with any state agency, county agency, or private landowner;
(11) Contract for executive and administrative employee services;
(12) Call upon the attorney general for legal services or employ its own counsel in conformity with section 28-8.3; and
(13) Do any and all things necessary to carry out its purposes and exercise the powers granted in this chapter.
(b) Notwithstanding any other law to the contrary, the authority shall:

(1) Be the principal authority for the management of state-managed lands within the Mauna Kea lands;
(2) Provide oversight and protect traditional and customary Native Hawaiian rights, as set forth in the Hawaii State Constitution, and not unduly burden individuals exercising these rights;
(3) Establish a process that provides and ensures transparency, analysis, and justification for lease terms of its land and monetary consideration that is equitable, feasible, and financially sustainable;
(4) Be prohibited from selling, gifting, transferring, or exchanging land under its control;
(5) Engage in community dialogue, outreach, engagement, and consultation processes, as appropriate, on significant matters on at least an annual basis and more frequently, as needed; and
(6) Consider various supplemental revenue sources to be deposited into the Mauna Kea management special fund, to the extent permitted by law.
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