AN EXTREMELY LARGE ELEPHANT IN THE ROOM

HB2024 prioritizes preservation of untouched land over new development, citing a preference for reusing astronomical sites that already exist on the summit. It also reduces the guaranteed amount of observing time allotted to the University of Hawaii. But neither the legislation nor the working group’s report makes any statements about the number of facilities that might need to be decommissioned—or addresses the elephant in the room: the TMT.

And that was deliberate, Wong-Wilson says. “One of the agreements we made early in our discussion was that this was not going to be a forum on TMT, that it was going to be about taking care of mountain—and that TMT would enter the discussion at some point in the future,” she says.

The TMT project has identified a second site on La Palma, part of Spain’s Canary Islands, as its backup option—a site that’s not as ideal as Maunakea, politically or astronomically, but that would allow the U.S. Extremely Large Telescope Program to keep the northern sky in its sights. When contacted by Scientific American, Robert Kirshner, executive director of the TMT International Observatory (TIO), replied with the following statement:

TIO welcomes this community-based mutual stewardship model that includes Native Hawaiians in active roles in Maunakea’s management. We value the respect, responsibility, caring and inclusivity that this bill is intended to foster. We are grateful that support of astronomy is now a policy of the state. TIO will work with the new authority to advance programs that support astronomy and education and are in harmony with the culture and environment of this special site.

For now, “I don’t think standing up this new authority is going to resolve all the issues in terms of the division that came about due to TMT,” Matsuda says. “It’s not an answer for TMT, but it is a way of bringing all the people who care about Maunakea to the table.”

Over the next year, members of the stewardship and oversight authority will be appointed and confirmed. Starting in 2023 a five-year transition period will gradually shift control of the Maunakea summit away from the University of Hawaii. And finally, in 2028, the existing summit observatories can apply for new direct leases from the new authority.

That time line concerns astronomer Doug Simons, now at the University of Hawaii and former executive director of the Canada-France-Hawaii Telescope. According to the master lease issued in 1968, all existing facilities will need to be decommissioned by 2033 unless their leases are renewed—meaning that starting the lease application process in 2028 is putting them in a threatening time crunch.

“It’s very likely that each of those direct leases to each telescope will be subjected to a contested case,” Simons says, referring to the type of litigation that has held up the TMT for years. If those cases end up in the state’s supreme court, as TMT’s did, it’s possible the observatories won’t have new leases in time to avoid mandated decommissioning in 2033.

“Then we have an untenable situation in which we have telescopes that are basically being litigated off the mountain,” Simons says. “I’ve been working as hard or harder than almost anyone I know about trying to find a peaceful, long-term, collaborative solution to the Maunakea situation, but I have my redlines like everybody else, and the loss of a good chunk of Maunakea astronomy is a redline for me.”

O’Meara says he shares Simons’s concern about the lease renewals, but he says that process would have been thorny even without the new legislation.

For now, Wong-Wilson says she sees a future for astronomy on the mountain—even though establishing and empowering the new management authority will not be easy.

“There’s a lot of work that has to be done to make sure that there is a solid future for astronomy on the mauna—that those facilities that continue to do good work can do good work,” she says. “And they don’t have to be under constant political pressure or community pressure like they do now.”