Reid Ginoza at 20:01, 20 June 2006

2006-06-20T20:01:01Z

Jennifer Wada at 11:36, 11 March 2006

2006-03-11T11:36:09Z

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would quite likely be the final
position of the executive
branch. Faced with t h is
prospect, Hawaii's Democratic
conqressional delegation pressed
hard for some concessions, but
was largely unsuccessful.
Serious action by the United
States Government was put off
u n t i l the summer of 1964, when
s t a f f members from the Bureau of
the Budget went to Honolulu to
"negotiate" with Governor Burns
regarding this land. The
p o s i t i o n of the government was
uncomplicated. The bulk of the
land, 87,236 acres, was
d e f i n i t e l y to be "set aside"
while the remainder of the land
was to be leased to the federal
government for 65 years at the
nominal charge of $1.00 for each
l e a s e . These leases were in
fact offered as a kind of
concession, for the a l t e r n a t i v e,
as the federal negotiators made
clear, would be the "setting
aside" of this land as well.
The State of Hawaii was clearly
bargaining from a position of
weakness, and was forced to
agree to these terms. 12/
Some of Hawaii's p o l i t i c a l leaders
objected to the five-year deadline set
on the return of land that had been
set aside for Federal Government use.
13/ They contended that Hawaii had a
unique claim on these lands and
property since they were o r i q i n a l ly
given to the United States by the
Republic and were held as a kind of
" t r u s t " for the people of Hawaii. As
a r e s u l t , on December 23, 1963,
Congress passed Public Law 88-233, a
reconveyancing act, effectively
amending section 5(e) of the Admission
Act. Jl4_/ P.L. 88-233 abolished
section 5(e)'s five-year deadline and
extended, without limitation, the
p o s s i b i l i t y of the Federal Government
relinquishing t i t l e , without cost to
the State, to section 5(c) and 5(d)
ceded lands. However, all lands that
had been set aside for national parks
(approximately 227,972 acres) became
the fee simple property of the Federal
Government. Thus, under the
provisions of P.L. 88-233
approximately 58, 510 acres of land
under the section 5(c) category and
87,236 acres under the section 5(d)
category, totaling 145,746 acres,
became e l i g i b l e for return to the
State of Hawaii at any time. Since
1964, however, less than 500 acres of
land have been returned under the
reconveyancing a c t ' s provisions. 15/
S t a t e Responsibilities in Relation to
Ceded Lands
Section 5(f) of the Admission Act
requires the State to hold the ceded
lands, their proceeds, and income as a
public trust for any one of five trust
purposes:
(a) Support of public schools and
other public educational
i n s t i t u t i o n s ;
(b) Betterment of the conditions
of native Hawaiians, as
defined in the Hawaiian Homes
Commission Act, 1920, as
amended;
(c) Development of farm and home
ownership on as widespread a
basis as possible;
(d) Making of public improvements;
and
(e) Provision of lands for public
use.
Section 5(f) also provides that the
use of the ceded lands, their
proceeds, and income for any purposes
other than those enumerated "shall
c o n s t i t u t e a breach of crust for which
s u i t may be brought by the United
S t a t e s . " 16/
Since statehood, the Department of
Land and Natural Resources (DLNR) has
437

@@ Line 1: / Line 1: @@
-would quite likely be the final
+: would quite likely be the final position of the executive branch. Faced with this prospect, Hawaii's Democratic congressional delegation pressed hard for some concessions, but was largely unsuccessful. Serious action by the United States Government was put off until the summer of 1964, when staff members from the Bureau of the Budget went to Honolulu to "negotiate" with Governor Burns regarding this land. The position of the government was uncomplicated. The bulk of the land, 87,236 acres, was definitely to be "set aside" while the remainder of the land was to be leased to the federal government for 65 years at the nominal charge of $1.00 for each lease. These leases were in fact offered as a kind of concession, for the alternative, as the federal negotiators made clear, would be the "setting aside" of this land as well. The State of Hawaii was clearly bargaining from a position of weakness, and was forced to agree to these terms. <u>12</u>/
 position of the executive
-branch. Faced with t h is
+Some of Hawaii's political leaders
 objected to the five-year deadline set
 on the return of land that had been
 set aside for Federal Government use.
-/ They contended that Hawaii had a
+<u>13</u>/ They contended that Hawaii had a
 unique claim on these lands and
-property since they were o r i q i n a l ly
+property since they were originally
 given to the United States by the
 Republic and were held as a kind of
-" t r u s t " for the people of Hawaii. As
+"trust" for the people of Hawaii. As
-a r e s u l t , on December 23, 1963,
+a result, on December 23, 1963,
 Congress passed Public Law 88-233, a
 reconveyancing act, effectively
 amending section 5(e) of the Admission
-Act. Jl4_/ P.L. 88-233 abolished
+Act. <u>l4</u>/ P.L. 88-233 abolished
 section 5(e)'s five-year deadline and
 extended, without limitation, the
-p o s s i b i l i t y of the Federal Government
+possibility of the Federal Government
-relinquishing t i t l e , without cost to
+relinquishing title, without cost to
 the State, to section 5(c) and 5(d)
 ceded lands. However, all lands that
@@ Line 57: / Line 27: @@
 Government. Thus, under the
 provisions of P.L. 88-233
-approximately 58, 510 acres of land
+approximately 58,510 acres of land
 under the section 5(c) category and
 ,236 acres under the section 5(d)
 category, totaling 145,746 acres,
-became e l i g i b l e for return to the
+became eligible for return to the
 State of Hawaii at any time. Since
 , however, less than 500 acres of
 land have been returned under the
-reconveyancing a c t ' s provisions. 15/
+reconveyancing act's provisions. <u>15</u>/
-S t a t e Responsibilities in Relation to
+===State Responsibilities in Relation to Ceded Lands===
 Section 5(f) of the Admission Act
 requires the State to hold the ceded
@@ Line 73: / Line 42: @@
 public trust for any one of five trust
 purposes:
-(a) Support of public schools and
+: (a) Support of public schools and other public educational institutions;
-other public educational
+: (b) Betterment of the conditions of native Hawaiians, as defined in the Hawaiian Homes Commission Act, 1920, as amended;
-i n s t i t u t i o n s ;
+: (c) Development of farm and home ownership on as widespread a basis as possible;
-(b) Betterment of the conditions
+: (d) Making of public improvements; and
-of native Hawaiians, as
+: (e) Provision of lands for public use.
 defined in the Hawaiian Homes
 Section 5(f) also provides that the
 use of the ceded lands, their
 proceeds, and income for any purposes
 other than those enumerated "shall
-c o n s t i t u t e a breach of crust for which
+constitute a breach of trust for which
-s u i t may be brought by the United
+suit may be brought by the United
-S t a t e s . " 16/
+States." <u>16</u>/
 Since statehood, the Department of
 Land and Natural Resources (DLNR) has
+{{p|437}}

Template:Nhsc-v1-437 - Revision history

Reid Ginoza at 20:01, 20 June 2006

Jennifer Wada at 11:36, 11 March 2006