§10-5  Board of trustees; powers and duties. The board shall have the power in accordance with law to:

(1)  Manage, invest, and administer the proceeds fromthe sale or other disposition of lands, natural resources, minerals, and incomederived from whatever sources for native Hawaiians and Hawaiians, including allincome and proceeds from that pro rata portion of the trust referred to insection 10-3;

(2)  Exercise control over real and personal propertyset aside to the office by the State of Hawaii, the United States of America,or any private sources, and transferred to the office for native Hawaiians andHawaiians;

(3)  Collect, receive, deposit, withdraw, and investmoney and property on behalf of the office;

(4)  Formulate policy relating to the affairs ofnative Hawaiians and Hawaiians, provided that such policy shall not diminish orlimit the benefits of native Hawaiians under article XII, section 4, of thestate Constitution;

(5)  Otherwise act as a trustee as provided by law;

(6)  Delegate to the administrator, its officers andemployees such powers and duties as may be proper for the performance of thepowers and duties vested in the board;

(7)  Provide grants to individuals, and public orprivate organizations to better the conditions of native Hawaiians andHawaiians consistent with the standards set forth in section 10-17;

(8)  Make available technical and financial assistanceand advisory services to any agency or private organization for native Hawaiianand Hawaiian programs, and for other functions pertinent to the purposes of theoffice of Hawaiian affairs.  Financial assistance may be rendered throughcontractual arrangements as may be agreed upon by the board and any such agencyor organization; and

(9)  Adopt and use a common seal by which all officialacts shall be authenticated. [L 1979, c 196, pt of §2; am L 1990, c 304, §§5,16; am L 1996, c 240, §1; am L 2002, c 182, §3]

 

Case Notes

 

  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.