Template:Nhsc-v1-435 - Revision history

Reid Ginoza: fixed typos

2006-06-14T01:22:10Z

fixed typos

Reid Ginoza at 01:21, 14 June 2006

2006-06-14T01:21:28Z

Jennifer Wada at 11:35, 11 March 2006

2006-03-11T11:35:43Z

New page

State Of Hawaii's Responses To
Native Hawaiians' Unique Needs
The State of Hawaii has undertaken
a number of steps to meet the unique
needs of native Hawaiians. These
include acquisition and disposition of
revenue pursuant to Section 5(f) of
the Statehood Admission Act (48 U.S.C.
prec. §491 (P.L. 86-3)); establishment
of the Office of Hawaiian Affairs (Act
273, 1980 Legislative Session,
codified at Haw.( Rev. Stat. §10-
13.5); and establishment of State
programs specifically for native
Hawaiians through other departments of
the State government.
A. ACQUISITION AND DISPOSITION OF
REVENUE PURSUANT TO SECTION 5(f)
OF THE ADMISSION ACT *J
In 1959, Hawaii was admitted to the
union as a state. J_/ The special
status of Hawaii's public lands was
recognized and the intent to return
those lands to Hawaii made clear in
Hawaii's Admission Act. These lands,
formerly the Crown and Government
lands, had been ceded to the United
States at annexation. In an
unprecedented action, the Federal
^J Material for this section is
taken directly from Melody MacKenzie,
Sovereignty and Land: Honoring the
Hawaiian Native Claim, pp. 45-53.
Footnotes have been renumbered and
where necessary specify earlier
references. They are otherwise
unchanged. Some comments received by
the Commission stated that the Native
Hawaiians Study Commission Draft
Report did not address the ceded lands
matter; this chapter, which remains
unchanged from the Draft Report, fully
responds to those comments.
Government relinquished title to most
of the ceded lands held at the time of
statehood. 2J
Section 5 of the Admission Act
provides the key to understanding
Hawaii's ceded lands and the State's
responsibilities in relation to those
lands. Section 5(a) names the State
as successor in title to lands and
properties held by the territory. 3/
Section 5(b) then declares that:
...[e]xcept as provided in
subsection (c) ai«J (d) of this
section, the United States
grants to the State of Hawaii,
effective upon its admission
into the Union, the United
States' title to all the public
lands and other property, and to
all lands defined as "available
lands" by section 203 of the
Hawaiian Homes Commission Act,
1920, as amended, within the
boundaries of the State of
Hawaii, title to which is held
by the United States immediately
prior to its admission into the
Union. 4/
Section 5(g) of the Act defines public
lands and other public property as the
"lands and properties that were ceded
to the United States by the Republic
of Hawaii under the joint resolution
of annexation...or that have been
acquired in exchange for lands or
properties so ceded." 5/
Specifically excepted from the
section 5(b) grant were ceded lands •
that had been set aside for federal
use pursuant to an act of Congress,
executive order, presidential
proclamation, or gubernatorial
proclamation. 6/ Section 5(c) of the
Admission Act provided that such lands
should remain the property of the
United States.
435

@@ Line 9: / Line 9: @@
 of the Office of Hawaiian Affairs (Act
 , 1980 Legislative Session,
-codified at Haw.( Rev. Stat. §10-
+codified at Haw. (Rev. Stat. §10-
 .5); and establishment of State
 programs specifically for native
@@ Line 59: / Line 59: @@
 should remain the property of the
 United States.
-{{break}
+{{break}}
 <u>*</u>/ Material for this section is
 taken directly from Melody MacKenzie,

@@ Line 1: / Line 1: @@
-State Of Hawaii's Responses To
+=State Of Hawaii's Responses To Native Hawaiians' Unique Needs=
 The State of Hawaii has undertaken
 a number of steps to meet the unique
@@ Line 15: / Line 14: @@
 Hawaiians through other departments of
 the State government.
 A. ACQUISITION AND DISPOSITION OF
-REVENUE PURSUANT TO SECTION 5(f)
+==A. ACQUISITION AND DISPOSITION OF REVENUE PURSUANT TO SECTION 5(f) OF THE ADMISSION ACT <u>*</u>/==
 In 1959, Hawaii was admitted to the
-union as a state. J_/ The special
+union as a state. <u>1</u>/ The special
 status of Hawaii's public lands was
 recognized and the intent to return
@@ Line 28: / Line 26: @@
 States at annexation. In an
 unprecedented action, the Federal
 Government relinquished title to most
 of the ceded lands held at the time of
-statehood. 2J
+statehood. <u>2</u>/
 Section 5 of the Admission Act
 provides the key to understanding
@@ Line 51: / Line 36: @@
 lands. Section 5(a) names the State
 as successor in title to lands and
-properties held by the territory. 3/
+properties held by the territory. <u>3</u>/
 Section 5(b) then declares that:
-...[e]xcept as provided in
+: ...[e]xcept as provided in subsection (c) and (d) of this section, the United States grants to the State of Hawaii, effective upon its admission into the Union, the United States' title to all the public lands and other property, and to all lands defined as "available lands" by section 203 of the Hawaiian Homes Commission Act, 1920, as amended, within the boundaries of the State of Hawaii, title to which is held by the United States immediately prior to its admission into the Union. <u>4</u>/
-subsection (c) ai«J (d) of this
 Section 5(g) of the Act defines public
 lands and other public property as the
@@ Line 77: / Line 47: @@
 of annexation...or that have been
 acquired in exchange for lands or
-properties so ceded." 5/
+properties so ceded." <u>5</u>/
 Specifically excepted from the
-section 5(b) grant were ceded lands •
+section 5(b) grant were ceded lands
 that had been set aside for federal
 use pursuant to an act of Congress,
 executive order, presidential
 proclamation, or gubernatorial
-proclamation. 6/ Section 5(c) of the
+proclamation. <u>6</u>/ Section 5(c) of the
 Admission Act provided that such lands
 should remain the property of the
 United States.
+{{break}