Nhsc-v1-440

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nhsc-v1-440

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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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