Reid Ginoza at 21:36, 21 June 2006

2006-06-21T21:36:12Z

Jennifer Wada at 11:36, 11 March 2006

2006-03-11T11:36:57Z

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comprehensive inventory is completed.
Likewise, until an inventory is
completed, the total amount of monies
available for section 5(f) trust
purposes cannot be determined.
Finally, because section 5(f) requires
the State to hold ceded lands
separately in trust, the State's
failure to identify ceded lands, like
a private trustee's failure to
identify and segregate trust assets,
constitutes an independent breach of
its 5(f) obligations.
B. THE OFFICE OF HAWAIIAN AFFAIRS */
Until the 1978 Constitutional
Convention, little attention had been
focused on section 5(f) of the
Admission Act and its trust language.
At the Convention, however, members of
the Hawaiian Affairs Committee sought
to clarify and implement the Admission
Act's trust language as it relates to
native Hawaiians. 25/ As a result
three new sections were added to the
Constitution.
The first section specified that
the lands granted to the State by
Section 5(b) of the Admission Act
(with the exception of the Hawaiian
Homes Commission Act's "available
lands") were held by the State as a
public trust for native Hawaiians and
the general public. 26/ The second
section established an Office of
Hawaiian Affairs (OHA), to be
_V Material for this section was
taken directly from MacKenzie,
Sovereignty and Land, pp. 53-56.
Footnotes have been renumbered and
where necessary specify earlier
references, but are otherwise
unchanged. Definitional clarifications
to make this section consistent
with the remainder of the Report have
been added in brackets.
governed by a nine-member board of
trustees, which would hold title to
all real or personal property set
aside or conveyed to it as a trust for
native Hawaiians and Hawaiians. 27/ A
final section set forth the power of
the board of trustees and made it
clear that included within the
property that OHA was to hold in trust
would be a pro rata portion of the
income and proceeds from the lands
granted to the State by section 5(b)
of the Admission Act. 28/ (An
additional section defined the terms
Hawaiian and native Hawaiian, but the
Hawaii Supreme Court subsequently
determined that this section had not
been validly ratified in the 1978
general election. 29/)
Although OHA was established to
serve all [native] Hawaiians, it is
clear from the OHA amendment and the
relevant committee reports 30/ that
the Constitutional Convention
structured OHA as the trust entity to
receive and administer the share of
the public land trust funds designated
for the betterment of the conditions
of native Hawaiians [as defined] under
the Admission Act. The definition of
native Hawaiian in section 5(f) of the
Admission Act is tied to the
definition of native Hawaiian under
the Hawaiian Homes Commission Act.
Benefits under the Hawaiian Homes
Commission Act are limited to those
with fifty percent or more aboriginal
blood. 31/ Thus, although the OHA
amendment names two beneficiaries of
the OHA trust—native Hawaiians (those
with fifty percent or more aboriginal
blood) and Hawaiians (those with any
quantum of aboriginal blood)--OHA is ,
restricted to utilizing its public
land trust funds solely for the
benefit of its native Hawaiian [50
percent blood quantum] beneficiaries.
The Admission Act left to State law
the allocation of the public land
trust proceeds and income amonq the
five trust purposes. 32/ While the
439

@@ Line 12: / Line 12: @@
 constitutes an independent breach of
 its 5(f) obligations.
 B. THE OFFICE OF HAWAIIAN AFFAIRS */
 Until the 1978 Constitutional
 Convention, little attention had been
@@ Line 21: / Line 22: @@
 to clarify and implement the Admission
 Act's trust language as it relates to
-native Hawaiians. 25/ As a result
+native Hawaiians. <u>25</u>/ As a result
 three new sections were added to the
 Constitution.
 The first section specified that
 the lands granted to the State by
@@ Line 31: / Line 33: @@
 lands") were held by the State as a
 public trust for native Hawaiians and
-the general public. 26/ The second
+the general public. <u>26</u>/ The second
 section established an Office of
 Hawaiian Affairs (OHA), to be
 governed by a nine-member board of
 trustees, which would hold title to
 all real or personal property set
 aside or conveyed to it as a trust for
-native Hawaiians and Hawaiians. 27/ A
+native Hawaiians and Hawaiians. <u>27</u>/ A
 final section set forth the power of
 the board of trustees and made it
 clear that included within the
 property that OHA was to hold in trust
-would be a pro rata portion of the
+would be a <u>pro rata</u> portion of the
 income and proceeds from the lands
 granted to the State by section 5(b)
-of the Admission Act. 28/ (An
+of the Admission Act. <u>28</u>/ (An
 additional section defined the terms
 Hawaiian and native Hawaiian, but the
@@ Line 62: / Line 54: @@
 determined that this section had not
 been validly ratified in the 1978
-general election. 29/)
+general election. <u>29</u>/)
 Although OHA was established to
 serve all [native] Hawaiians, it is
 clear from the OHA amendment and the
-relevant committee reports 30/ that
+relevant committee reports <u>30</u>/ that
 the Constitutional Convention
 structured OHA as the trust entity to
@@ Line 81: / Line 74: @@
 Commission Act are limited to those
 with fifty percent or more aboriginal
-blood. 31/ Thus, although the OHA
+blood. <u>31</u>/ Thus, although the OHA
 amendment names two beneficiaries of
 the OHA trust—native Hawaiians (those
 with fifty percent or more aboriginal
 blood) and Hawaiians (those with any
-quantum of aboriginal blood)--OHA is ,
+quantum of aboriginal blood)--OHA is
 restricted to utilizing its public
 land trust funds solely for the
 benefit of its native Hawaiian [50
 percent blood quantum] beneficiaries.
 The Admission Act left to State law
 the allocation of the public land
 trust proceeds and income amonq the
-five trust purposes. 32/ While the
+five trust purposes. <u>32</u>/ While the
+{{break}}

Template:Nhsc-v1-439 - Revision history

Reid Ginoza at 21:36, 21 June 2006

Jennifer Wada at 11:36, 11 March 2006