Reid Ginoza at 17:35, 4 June 2006

2006-06-04T17:35:06Z

Reid Ginoza at 22:48, 10 March 2006

2006-03-10T22:48:59Z

New page

A. INTRODUCTION
The Office of Inspector General has
reviewed selected aspects of the
Hawaiian Homes Commission programs
operated by the Department of Hawaiian
Home Lands (DHHL), State of Hawaii.
The review was requested by the Under
Secretary, Department of the Interior,
in February 1982 to determine if the
Department of the Interior has
adequately executed its trust
responsibilities for programs and
activities of the Hawaiian Homes
Commission as provided by the Hawaiian
Homes Commission Act, 1920 (Act) and
the Hawaii Admission Act of 1959.
The actual role of the Department
of the Interior in the affairs of the
Hawaiian Homes Commission after Hawaii
achieved statehood in 1959 has been
very limited. The Assistant Secretary
of the Interior, in a 1972 memorandum
to the Director, DHHL, considered the
Department of Interior's role as a
"ministerial" function. Specifically,
this "ministerial" role related to
approval of the exchange of title to
available lands for publicly or
privately-owned lands of an equal
value, as allowed under the Act. The
Assistant Secretary commenting on the
Secretary's approval role under
Section 204(4) of the Act stated in
the memorandum that...
Such approval by the
Secretary is considered by the
Department to be a ministerial,
nondiscretionary act which he
cannot perform until after the
Governor has acted. The lack
of suitable personnel
representing the Department of
the Interior in Hawaii to
* 37
investigate the proposed land
exchanges reflects the
ministerial nature of the
Secretary's function. Thus,
Section 204(4), insofar as it
requires the Secretary's
approval in cases involving land
exchanges, represents something
of an anachronism which has
carried over from the days of
territorial status when Hawaii
was under the jurisdiction of
the Department of the Interior.
Thus, the Secretary's role since
statehood appears to have been of a
ministerial nature until March 17,
1980, when attorneys representing
native Hawaiian individuals petitioned
the Secretary of the Interior and the
United States Department of Justice to
take action to enforce the provisions
of the Act.
Our review conducted in Hawaii from
March 9, 1982 through May 13, 1982,
was primarily directed to determining
how well the intent and provisions of
the Act have been carried out, whether
all of the land provided by the Act
has been properly accounted for,
whether the procedures followed in
leasing lands were being conducted in
the best interests of the program, and
whether financial accountability over
the financial affairs of the DHHL is
adequate. Due to time constraints,
complexity of the programs, lack of
financial statements, and the number
of years the Act has been in
existence, we did not review certain
aspects of DHHL activities in the
depth we originally anticipated. For
example, we limited our financial
audit effort because complete
financial statements had not been
prepared for all funds since 1972.

@@ Line 1: / Line 1: @@
-A. INTRODUCTION
+====A. INTRODUCTION====
 The Office of Inspector General has
 reviewed selected aspects of the
@@ Line 15: / Line 16: @@
 Homes Commission Act, 1920 (Act) and
 the Hawaii Admission Act of 1959.
 The actual role of the Department
 of the Interior in the affairs of the
@@ Line 33: / Line 35: @@
 Section 204(4) of the Act stated in
 the memorandum that...
 Such approval by the
-Secretary is considered by the
+: Such approval by the Secretary is considered by the Department to be a ministerial, nondiscretionary act which he cannot perform until after the Governor has acted. The lack of suitable personnel representing the Department of the Interior in Hawaii to investigate the proposed land exchanges reflects the ministerial nature of the Secretary's function. Thus, Section 204(4), insofar as it requires the Secretary's approval in cases involving land exchanges, represents something of an anachronism which has carried over from the days of territorial status when Hawaii was under the jurisdiction of the Department of the Interior.
 Department to be a ministerial,
 Thus, the Secretary's role since
 statehood appears to have been of a
@@ Line 65: / Line 47: @@
 take action to enforce the provisions
 of the Act.
 Our review conducted in Hawaii from
 March 9, 1982 through May 13, 1982,
@@ Line 88: / Line 71: @@
 financial statements had not been
 prepared for all funds since 1972.

Template:Nhsc-v1-374 - Revision history

Reid Ginoza at 17:35, 4 June 2006

Reid Ginoza at 22:48, 10 March 2006