Reid Ginoza at 00:30, 20 June 2006

2006-06-20T00:30:01Z

Jennifer Wada at 11:35, 11 March 2006

2006-03-11T11:35:56Z

New page

Section 5(d) of the Act dealt with
other exempted lands. It allowed the
Federal Government to set aside,
within five years, any ceded lands it
was using under permit, license, or
permission of the t e r r i t o ry
immediately prior to statehood. Once
set aside those lands would also
remain the property of the United
S t a t e s . 7/
Section 5(e) required each federal
agency in Hawaii having control of
land or property retained by the
Federal Government under section 5(c)
or 5(d) to:
. . . r e p o r t to the President the
facts regarding i t s continued
need for such land or property,
and if the President determined
that the land or property is no
longer needed by the United
S t a t e s , it shall be conveyed
[ s i c ] to the S t a t e of Hawaii. 8/
This provision, however, set a
five-year deadline for reporting and
conveying lands to the S t a t e . After
August 21, 1964, five years from the
date on which Hawaii formally entered
the Union, t i t l e to ceded lands
retained by the Federal Government
would vest permanently in the United
S t a t e s .
The final major subsection of
section 5 sets forth the S t a t e 's
r e s p o n s i b i l i t i e s in connection with
ceded land9. Section 5(f) requires
the State to hold a l l ceded lands
returned under Sections (b) and (e),
together with the proceeds from their
s a l e or other disposition and the
income therefrom:
. . . a s a public truct for the
support of the public schools
and other public educational
i n s t i t u t i o n s , for the betterment
of the conditions of native
Hawaiians, as defined in the
Hawaiian Homes Commission Act,
1920, as amended, for the
development of farm and home
ownership on as widespread
a basis as possible, for the
making of public improvements,
and for the provision of lands
for public use. Such lands,
proceeds, and income shall be
managed and disposed of for one
or more of the foregoing
purposes in such manner as the
c o n s t i t u t i o n and laws of said
State may provide, and their use
for any other object shall
c o n s t i t u t e a breach of trust for
which s u i t nay be brought by the
United States . 9_/
Return of Federally Controlled Lands
At the time of statehood,
287,078.44 acres of Hawaii's public
lands had been set aside for the
Federal Government. Although section
5(c) of the Admission Act allowed the
Federal Government to retain set-aside
lands, section 5(e) established a
mechanism for conveying some of those
lands to the new S t a t e . State
o f f i c i a l s had high hopes for return of
s u b s t a n t i a l portions of federally-held
lands, but as Section 5 ( e ) ' s five-year
deadline approached, only 595.41 acres
had been returned. 10/
Furthermore, section 5(d) of the
Admission Act allowed the Federal
Government to set aside, within five
years, lands it was using under lease,
permit, or license immediately prior
to statehood. Prior to statehood, the
Federal Government had permits and
licenses on 117,412.74 acres of land.
V i r t u a l l y a l l of these lands were
retained under the Federal
Government's control. 87,236.557
acres of land were set aside pursuant
to section 5(d) while another
30,176.18 acres were leased to the
Federal Government for 65 years at
nominal cost. 11/ A 1969 report on
Hawaii's public lands described the
s i t u a t i o n as follows:
Soon after statehood it became
apparent that the Defense
Department had no intention of
immediately giving up control of
any of this land, and that this
436

@@ Line 4: / Line 4: @@
 within five years, any ceded lands it
 was using under permit, license, or
-permission of the t e r r i t o ry
+permission of the territory
 immediately prior to statehood. Once
 set aside those lands would also
 remain the property of the United
-S t a t e s . 7/
+States. <u>7</u>/
 Section 5(e) required each federal
 agency in Hawaii having control of
@@ Line 14: / Line 15: @@
 Federal Government under section 5(c)
 or 5(d) to:
-. . . r e p o r t to the President the
-facts regarding i t s continued
+: ...report to the President the facts regarding its continued need for such land or property, and if the President determined that the land or property is no longer needed by the United States, it shall be conveyed [sic] to the State of Hawaii. <u>8</u>/
 need for such land or property,
 This provision, however, set a
 five-year deadline for reporting and
-conveying lands to the S t a t e . After
+conveying lands to the State. After
 August 21, 1964, five years from the
 date on which Hawaii formally entered
-the Union, t i t l e to ceded lands
+the Union, title to ceded lands
 retained by the Federal Government
 would vest permanently in the United
-S t a t e s .
+States.
 The final major subsection of
-section 5 sets forth the S t a t e 's
+section 5 sets forth the State's
-r e s p o n s i b i l i t i e s in connection with
+responsibilities in connection with
-ceded land9. Section 5(f) requires
+ceded lands. Section 5(f) requires
-the State to hold a l l ceded lands
+the State to hold all ceded lands
 returned under Sections (b) and (e),
 together with the proceeds from their
-s a l e or other disposition and the
+sale or other disposition and the
 income therefrom:
-. . . a s a public truct for the
-support of the public schools
+: ...as a public trust for the support of the public schools and other public educational institutions, for the betterment of the conditions of native Hawaiians, as defined in the Hawaiian Homes Commission Act, 1920, as amended, for the development of farm and home ownership on as widespread a basis as possible, for the making of public improvements, and for the provision of lands for public use. Such lands, proceeds, and income shall be managed and disposed of for one or more of the foregoing purposes in such manner as the constitution and laws of said State may provide, and their use for any other object shall constitute a breach of trust for which suit may be brought by the United States. <u>9</u>/
 and other public educational
-i n s t i t u t i o n s , for the betterment
+===Return of Federally Controlled Lands====
 At the time of statehood,
 ,078.44 acres of Hawaii's public
@@ Line 73: / Line 49: @@
 lands, section 5(e) established a
 mechanism for conveying some of those
-lands to the new S t a t e . State
+lands to the new State. State officials had high hopes for return of substantial portions of federally-held lands, but as Section 5(e)'s five-year
 deadline approached, only 595.41 acres
-had been returned. 10/
+had been returned. <u>10</u>/
 Furthermore, section 5(d) of the
 Admission Act allowed the Federal
@@ Line 87: / Line 61: @@
 Federal Government had permits and
 licenses on 117,412.74 acres of land.
-V i r t u a l l y a l l of these lands were
+Virtually all of these lands were
 retained under the Federal
 Government's control. 87,236.557
@@ Line 94: / Line 68: @@
 ,176.18 acres were leased to the
 Federal Government for 65 years at
-nominal cost. 11/ A 1969 report on
+nominal cost. <u>11</u>/ A 1969 report on
 Hawaii's public lands described the
-s i t u a t i o n as follows:
+situation as follows:
-Soon after statehood it became
+: Soon after statehood it became apparent that the Defense Department had no intention of immediately giving up control of any of this land, and that this
-apparent that the Defense
+{{p|436}}

Template:Nhsc-v1-436 - Revision history

Reid Ginoza at 00:30, 20 June 2006

Jennifer Wada at 11:35, 11 March 2006