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



(1)  The betterment of conditions of native
Hawaiians.  A pro rata portion of all funds derived from the public land trust
shall be funded in an amount to be determined by the legislature for this
purpose, and shall be held and used solely as a public trust for the betterment
of the conditions of native Hawaiians.  For the purpose of this chapter, the
public land trust shall be all proceeds and income from the sale, lease, or
other disposition of lands ceded to the United States by the Republic of Hawaii
under 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 Hawaii
by virtue of section 5(b) of the Act of March 18, 1959 (73 Stat. 4, the
Admissions Act), (excluding therefrom lands and all proceeds and income from
the sale, lease, or disposition of lands defined as "available lands"
by section 203 of the Hawaiian Homes Commission Act, 1920, as amended), and all
proceeds and income from the sale, lease, or other disposition of lands
retained by the United States under sections 5(c) and 5(d) of the Act of March
18, 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 this
State responsible for the performance, development, and coordination of
programs and activities relating to native Hawaiians and Hawaiians; except that
the Hawaiian Homes Commission Act, 1920, as amended, shall be administered by
the Hawaiian homes commission;



(4)  Assessing the policies and practices of other
agencies impacting on native Hawaiians and Hawaiians, and conducting advocacy
efforts for native Hawaiians and Hawaiians;



(5)  Applying for, receiving, and disbursing, grants
and donations from all sources for native Hawaiian and Hawaiian programs and
services; 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 from
illegal sand mining operation was funds derived from a public land trust was a
nonjudicial discretion; whether income from sales, leases, or other
dispositions of lands surrounding harbors on all major islands, of land on Sand
Island, 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 severability
clause when amendments made to §§10-2 and 10-13.5 by Act 304 were 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.