§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 from
the sale or other disposition of lands, natural resources, minerals, and income
derived from whatever sources for native Hawaiians and Hawaiians, including all
income and proceeds from that pro rata portion of the trust referred to in
section 10-3;



(2)  Exercise control over real and personal property
set 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 and
Hawaiians;



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



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



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



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



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



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



(9)  Adopt and use a common seal by which all official
acts 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 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.