Nhsc-v1-441

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nhsc-v1-441

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STATE OF HAWAII'S RESPONSES TO NATIVE HAWAIIAN'S UNIQUE NEEDS

NOTES

1/ Admission Act of March 18, 1959, 735 Stat. 4.

2/ Hawaii's Ceded Lands, 3 U.H.L.R., 101, 102 (1981) [herein cited as "Ceded Lands"].

3/ Admission Act, supra, at §5(a).

4/ Ibid. at §5(b).

5/ Ibid. at §5(g).

6/ Ibid. at §5(c).

7/ Ibid. at §5(d).

8/ Ibid. at §5(e).

9/ Ibid. at §5(f).

10/ Ibid., R. Horowitz, Public Lands Policy in Hawaii; an Historical Analysis (Legislative Reference Report No. 5, 1969), pp. 70-71.

11/ Ibid. p. 75.

12/ Ibid.

13/ See discussion in Ibid., pp. 72-72.

14/ Pub. Law. No. 88-233, 77 Stat. 242 (December 23, 1963).

15/ Interview with Jack Kaguni, formerly of the Land Management Division of the Hawaii Department of Land and Natural Resources.

16/ Admission Act, supra, at § 5(f).

17/ The DLNR is charged with managing all of Hawaii's public lands. See generally, HRS Chap. 171, and HRS $26-15 and note 86, infra.

18/ A Report to the Governor and the Legislature of the State of Hawaii, submitted by the Leg slative Auditor of the State of Hawaii, Audit Report No. 79-1 (January 1979) [hereinafter cited as "Audit").

19/ HRS §171-18 provides: Public land trust. All funds derived from the sale or lease or other disposition of public lands shall be appropriated by the laws of the State; provided, that all lands ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or acquired in exchange for lands so ceded, and returned to the State of Hawaii by virtue of section 5(b) of the Act of March 18, 1959 (73 Stat. 6), and all proceeds and income from the sale, lease or other disposition of lands retained by the United States under sections 5(c) and 5(d) of the Act and later conveyed to the State under section 5(e) shall be held as a public trust for the support of the public schools and other public education 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. (L 1962, c 32, pt of §2; Supp, §103A- 181).

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