§10-2  Definitions.  In this chapter, if
not inconsistent with the context:



"Administrator" means the
administrator of the office of Hawaiian affairs.



"Beneficiary of the public trust entrusted
upon the office" means native Hawaiians and Hawaiians.



"Board" means the board of trustees.



"Grant" means an award of funds by
the office to a specified recipient to support the activities of the recipient
for activities that are consistent with the purposes of this chapter.



"Hawaiian" means any descendant of the
aboriginal peoples inhabiting the Hawaiian Islands which exercised sovereignty
and subsisted in the Hawaiian Islands in 1778, and which peoples thereafter
have continued to reside in Hawaii.



"Native Hawaiian" means any
descendant of not less than one-half part of the races inhabiting the Hawaiian
Islands previous to 1778, as defined by the Hawaiian Homes Commission Act,
1920, as amended; provided that the term identically refers to the descendants
of such blood quantum of such aboriginal peoples which exercised sovereignty
and subsisted in the Hawaiian Islands in 1778 and which peoples thereafter
continued to reside in Hawaii.



"Office" means the office of Hawaiian
affairs.



"Recipient" means any organization or
person receiving a grant. [L 1979, c 196, pt of §2; am L 1990, c 304, §§3, 16;
am L 1992, c 318, §2; am L 1997, c 350, §§14, 15; am L 2002, c 182, §2]



 



Law Journals and Reviews



 



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



 



Case Notes



 



  Definition of "Hawaiian" does not violate equal
protection.  631 F. Supp. 1153.



  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.