§10-13.5  Use of public land trust proceeds. Twenty per cent of all funds derived from the public land trust, described insection 10-3, shall be expended by the office, as defined in section 10-2, forthe 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 proceedsfrom the public land trust lands are to go to the office of Hawaiian affairs(OHA). Until legislature reestablishes a funding mechanism for OHA, ExecutiveOrder No. 03-03 is the only mechanism in place for transferring receipts fromthe use of ceded lands to OHA; receipts from the sale or transfer of biogeneticresources do not qualify for transfer under the order.  Att. Gen. Op. 03-3.

  Receipts derived from ceded lands apportioned for nativeHawaiians pursuant to article XII, §6 of the state constitution and thissection may be transmitted directly to office of Hawaiian affairs by agenciesthat 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 ofthe 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 toRegulate Bioprospecting in Hawai‘i.  28 UH L. Rev. 387.

 

Case Notes

 

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

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