Difference between revisions of "Template:Nhsc-v1-440"

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OHA c o n s t i t u t i o n a l provision s t a t ed
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OHA constitutional provision stated
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that a pro r a t a share of the proceeds
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that a <u>pro rata</u> share of the proceeds
 
and income should be directed to OHA,
 
and income should be directed to OHA,
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the amendment did not define that pro
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the amendment did not define that <u>pro rata</u> share. That determination was
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r a t a share. That determination was
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left to the State legislature and in
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l e f t to the State l e g i s l a t u r e and in
 
 
1980, after lengthy discussion, OHA's
 
1980, after lengthy discussion, OHA's
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pro r a t a share was set at twenty
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<u>pro rata</u> share was set at twenty
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percent. 33/
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percent. <u>33</u>/
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Securing a pro rata portion of the
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p u b l i c land t r u s t fund for native
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Securing a <u>pro rata</u> portion of the
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public land trust fund for native
 
Hawaiians [50 percent blood
 
Hawaiians [50 percent blood
 
quantum) was a primary motive for
 
quantum) was a primary motive for
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e s t a b l i s h i n g the Office of Hawaiian
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establishing the Office of Hawaiian
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A f f a i r s . Of equal importance,
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Affairs. Of equal importance,
 
however, were the objectives of
 
however, were the objectives of
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providing a l l [native] Hawaiians with
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providing all [native] Hawaiians with
 
the right to choose their leaders
 
the right to choose their leaders
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through the e l e c t i v e process and
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through the elective process and
 
providing a vehicle for selfgovernment
 
providing a vehicle for selfgovernment
 
and self-determination.
 
and self-determination.
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The high level of voter p a r t i c i p a t i on
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The high level of voter participation
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in the 1980 OHA e l e c t i o n s indicates
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in the 1980 OHA elections indicates
 
that those objectives are supported by
 
that those objectives are supported by
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the [native] Hawaiian people. 34/
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the [native] Hawaiian people. <u>34</u>/
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OHA is a unique e n t i t y combining
+
 
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features of both a public t r u s t and
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OHA is a unique entity combining
 +
features of both a public trust and
 
government agency. Under Hawaii law,
 
government agency. Under Hawaii law,
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OHA is a separate s t a t e agency,
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OHA is a separate state agency,
 
independent of the executive branch.
 
independent of the executive branch.
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35/ Its independence is assured by
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<u>35</u>/ Its independence is assured by
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i t s primary funding mechanism (the
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its primary funding mechanism (the
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public land t r u s t fund), its control
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public land trust fund), its control
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over internal a f f a i r s , its a b i l i t y to
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over internal affais, its ability to
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acquire and manage property, i t s power
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acquire and manage property, its power
 
to enter into contracts and leases,
 
to enter into contracts and leases,
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and the e l e c t i v e process by which the
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and the elective process by which the
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Board of Trustees is chosen. 36/ At
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Board of Trustees is chosen. <u>36</u>/ At
 
the same time, OHA also acts as a
 
the same time, OHA also acts as a
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t r u s t e e in administering i t s funds for
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trustee in administering its funds for
 
the benefit of native Hawaiians and
 
the benefit of native Hawaiians and
 
Hawaiians. OHA's statutory purposes
 
Hawaiians. OHA's statutory purposes
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37/ include:
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<u>37</u>/ include:
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r e l a t i n g to [native] Hawaiians,
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: 1. Promoting the betterment of conditions of all [native] Hawaiians;
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with the exception of the
+
: 2. Serving as the principal public agency in the State responsible for the performance, development and coordination of program and activities relating to [native] Hawaiians, with the exception of the Hawaiian Homes Program;
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Hawaiian Homes Program;
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: 3. Assessing the policies and practices of other agencies impacting on native Hawaiians [50 percent blood quantum] and [native] Hawaiians;
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3. Assessing the policies and
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: 4. Conducting advocacy efforts for native Hawaiians [50 percent blood quantum] and [native] Hawaiians;
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p r a c t i c e s of other agencies
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: 5. Applying for, receiving, and disbursing grants and donations from all sources for native Hawaiians [50 percent blood quantun] and [native] Hawaiians; and
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impacting on native Hawaiians
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: 6. Serving as a receptacle for reparations from the Federal Government.
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[50 percent blood quantum] and
+
===C. OTHER STATE GOVERNMENT PROGRAMS===
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[native] Hawaiians;
+
Other existing State programs for
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4. Conducting advocacy efforts for
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education, health, and other needs of
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native Hawaiians [50 percent
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the native Hawaiians, as well as other
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blood quantum] and [native]
+
state residents, are described in Part
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Hawaiians;
+
I of this Report.
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5. Applying for, receiving, and
+
{{p|440}}
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disbursing grants and donations
 
−
from all sources for native
 
−
Hawaiians [50 percent blood
 
−
quantun] and [native]
 
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Hawaiians; and
 
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6. Serving as a r e c e p t a c l e for
 
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r e p a r a t i o n s from the Federal
 
−
Government.
 
−
C. OTHER STATE GOVERNMENT PROGRAMS
 
−
Other e x i s t i n g S t a t e programs for
 
−
e d u c a t i o n , h e a l t h , and other needs of
 
−
t h e n a t i v e Hawaiians, as well as other
 
−
s t a t e r e s i d e n t s , are d e s c r i b e d in Part
 
−
I of t h i s Report.
 
−
Promoting the betterment of
 
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c o n d i t i o n s of a l l [ n a t i v e]
 
−
Hawaiians;
 
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S e r v i n g as the p r i n c i p a l p u b l ic
 
−
agency in the S t a t e r e s p o n s i b le
 
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for the performance, development,
 
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and c o o r d i n a t i o n of
 
−
programs and a c t i v i t i es
 
−
440
 

Latest revision as of 15:28, 21 June 2006

OHA constitutional provision stated that a pro rata share of the proceeds and income should be directed to OHA, the amendment did not define that pro rata share. That determination was left to the State legislature and in 1980, after lengthy discussion, OHA's pro rata share was set at twenty percent. 33/

Securing a pro rata portion of the public land trust fund for native Hawaiians [50 percent blood quantum) was a primary motive for establishing the Office of Hawaiian Affairs. Of equal importance, however, were the objectives of providing all [native] Hawaiians with the right to choose their leaders through the elective process and providing a vehicle for selfgovernment and self-determination. The high level of voter participation in the 1980 OHA elections indicates that those objectives are supported by the [native] Hawaiian people. 34/

OHA is a unique entity combining features of both a public trust and government agency. Under Hawaii law, OHA is a separate state agency, independent of the executive branch. 35/ Its independence is assured by its primary funding mechanism (the public land trust fund), its control over internal affais, its ability to acquire and manage property, its power to enter into contracts and leases, and the elective process by which the Board of Trustees is chosen. 36/ At the same time, OHA also acts as a trustee in administering its funds for the benefit of native Hawaiians and Hawaiians. OHA's statutory purposes 37/ include:

1. Promoting the betterment of conditions of all [native] Hawaiians;
2. Serving as the principal public agency in the State responsible for the performance, development and coordination of program and activities relating to [native] Hawaiians, with the exception of the Hawaiian Homes Program;
3. Assessing the policies and practices of other agencies impacting on native Hawaiians [50 percent blood quantum] and [native] Hawaiians;
4. Conducting advocacy efforts for native Hawaiians [50 percent blood quantum] and [native] Hawaiians;
5. Applying for, receiving, and disbursing grants and donations from all sources for native Hawaiians [50 percent blood quantun] and [native] Hawaiians; and
6. Serving as a receptacle for reparations from the Federal Government.

C. OTHER STATE GOVERNMENT PROGRAMS

Other existing State programs for education, health, and other needs of the native Hawaiians, as well as other state residents, are described in Part I of this Report.

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