§10-3  Purpose of the office.  Thepurposes of the office of Hawaiian affairs include:

(1)  The betterment of conditions of nativeHawaiians.  A pro rata portion of all funds derived from the public land trustshall be funded in an amount to be determined by the legislature for thispurpose, and shall be held and used solely as a public trust for the bettermentof the conditions of native Hawaiians.  For the purpose of this chapter, thepublic land trust shall be all proceeds and income from the sale, lease, orother disposition of lands ceded to the United States by the Republic of Hawaiiunder the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750),or acquired in exchange for lands so ceded, and conveyed to the State of Hawaiiby virtue of section 5(b) of the Act of March 18, 1959 (73 Stat. 4, theAdmissions Act), (excluding therefrom lands and all proceeds and income fromthe sale, lease, or disposition of lands defined as "available lands"by section 203 of the Hawaiian Homes Commission Act, 1920, as amended), and allproceeds and income from the sale, lease, or other disposition of landsretained by the United States under sections 5(c) and 5(d) of the Act of March18, 1959, later conveyed to the State under section 5(e);

(2)  The betterment of conditions of Hawaiians;

(3)  Serving as the principal public agency in thisState responsible for the performance, development, and coordination ofprograms and activities relating to native Hawaiians and Hawaiians; except thatthe Hawaiian Homes Commission Act, 1920, as amended, shall be administered bythe Hawaiian homes commission;

(4)  Assessing the policies and practices of otheragencies impacting on native Hawaiians and Hawaiians, and conducting advocacyefforts for native Hawaiians and Hawaiians;

(5)  Applying for, receiving, and disbursing, grantsand donations from all sources for native Hawaiian and Hawaiian programs andservices; and

(6)  Serving as a receptacle for reparations. [L 1979,c 196, pt of §2; am L 1990, c 304, §§4, 16]

 

Case Notes

 

  Determination of whether damages received by State fromillegal sand mining operation was funds derived from a public land trust was anonjudicial discretion; whether income from sales, leases, or otherdispositions of lands surrounding harbors on all major islands, of land on SandIsland, of land on Airport, fell within section was a nonjudicial discretion. 69 H. 154, 737 P.2d 446.

  Act 304, L 1990, was invalidated by its own severabilityclause when amendments made to §§10-2 and 10-13.5 by Act 304 were found toconflict with the federal Forgiveness Act (Pub. L. No. 105-66, §340, 111 Stat.at 1448), leaving court with no judicially manageable standards to determinewhether office of Hawaiian affairs was entitled to the specific revenues soughtin the suit.  96 H. 388, 31 P.3d 901.