Nhsc-v1-442

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nhsc-v1-442

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20/ HRS §171-19 authorizes the land board to use the special land and development fund for the following purposes:

(1) To reimburse the general fund of the State for advancements heretofore or hereafter made therefrom, which are required to be reimbursed from the proceeds of sales, leases, licenses, or permits derived from public lands;
(2) For the incidental maintenance of all lands under the control and management of the board, including the repair of the improvements thereon, not to exceed $100,000 in any fiscal year;
(3) To repurchase any land, including improvements thereon, in exercise by the board of any right of repurchase specifically reserved in any patent, deed, lease, or other documents or as provided by law;
(4) For the payment of all appraisal fees; provided, that all such reimbursable fees collected by the board shall be deposited in the fund;
(5) For the payment of publication notices as required under this chapter, provided that all or a portion of the expenditures may be charged to the purchaser or lessee of public lands or any interest therein under rules and regulations adopted by the board;
(6) For the planning and construction of roads and trails along state rights-of-way not to exceed $5,000 in any fiscal year;
(7) For the payment to private land developer or developers who have contracted with the board for development of public lands under the provisions of section 171-60.

21/ Audit, pp. 32-33.

22/ Ibid. at 35.

23/ Ceded Lands, pp. 142-143.

24/ Ibid.

25/ The State has channeled the majority of the public land trust funds toward public education.

26/ State Constitution, Art. XII, §4: PUBLIC TRUST. The lands granted to the State of Hawaii by Sec.ion 5(b) of the Admission Act and pursuant to Article XVI, Section 7, of the State Constitution, excluding therefrom lands defined as "available lands" by Section 203 of the Hawaiian Homes Commission Act, 1920, as amended, shall be held by the State as a public trust for native Hawaiians and the general public. (Add Const. Con. 1978 and election Nov. 7, 1978).

27/ Ibid., §5: OFFICE OF HAWAIIAN AFFAIRS; ESTABLISHMENT OF BOARD OF TRUSTEES. There is hereby established an Office of Hawaiian Affairs. The Office of Hawaiian Affairs shall hold title to all the real and personal property now or hereafter set aside or conveyed to it which shall be held in trust for native Hawaiians and Hawaiians, as provided by law. The board members shall be Hawaiians. There shall be not less than nine members of the board of trustees; provided that each of the following Islands have one representative: Oahu, Kauai, Maui, Molokai and Hawaii. The board shall elect a chairperson from its members. (Add Const. Con. 1978 and election Nov. 7, 197b).

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