§10-13.5  Use of public land trust proceeds. 
Twenty per cent of all funds derived from the public land trust, described in
section 10-3, shall be expended by the office, as defined in section 10-2, for
the purposes of this chapter. [L 1980, c 273, §1; am L 1990, c 304, §§7, 16]



 



Attorney General Opinions



 



  Legislature must again determine which income and proceeds
from the public land trust lands are to go to the office of Hawaiian affairs
(OHA). Until legislature reestablishes a funding mechanism for OHA, Executive
Order No. 03-03 is the only mechanism in place for transferring receipts from
the use of ceded lands to OHA; receipts from the sale or transfer of biogenetic
resources do not qualify for transfer under the order.  Att. Gen. Op. 03-3.



  Receipts derived from ceded lands apportioned for native
Hawaiians pursuant to article XII, §6 of the state constitution and this
section may be transmitted directly to office of Hawaiian affairs by agencies
that collect them, without legislative appropriation.  Att. Gen. Op. 03-4.



 



Law Journals and Reviews



 



  The Lum Court and Native Hawaiian Rights.  14 UH L. Rev. 377.



  Native Hawaiians, Self-Determination, and the Inadequacy of
the State Land Trusts.  14 UH L. Rev. 519.



  Hawai‘i's Justiciability Doctrine.  26 UH L. Rev. 537.



  Biopiracy in Paradise?:  Fulfilling the Legal Duty to
Regulate Bioprospecting in Hawai‘i.  28 UH L. Rev. 387.



 



Case Notes



 



  Section contained no judicially discoverable or manageable
standards that could be employed to resolve OHA's claims to twenty per cent of
revenues.  69 H. 154, 737 P.2d 446.



  Act 304, L 1990, was invalidated by its own severability
clause when amendment to this section by Act 304 was found to conflict with the
federal Forgiveness Act (Pub. L. No. 105-66, §340, 111 Stat. at 1448), leaving
court with no judicially manageable standards to determine whether office of
Hawaiian affairs was entitled to the specific revenues sought in the suit.  96
H. 388, 31 P.3d 901.