Difference between revisions of "Template:Nhsc-v1-435"
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− | State Of Hawaii's Responses To | + | =State Of Hawaii's Responses To Native Hawaiians' Unique Needs= |
− | Native Hawaiians' Unique Needs | ||
The State of Hawaii has undertaken | The State of Hawaii has undertaken | ||
a number of steps to meet the unique | a number of steps to meet the unique | ||
Line 10: | Line 9: | ||
of the Office of Hawaiian Affairs (Act | of the Office of Hawaiian Affairs (Act | ||
273, 1980 Legislative Session, | 273, 1980 Legislative Session, | ||
− | codified at Haw.( Rev. Stat. §10- | + | codified at Haw. (Rev. Stat. §10- |
13.5); and establishment of State | 13.5); and establishment of State | ||
programs specifically for native | programs specifically for native | ||
Hawaiians through other departments of | Hawaiians through other departments of | ||
the State government. | the State government. | ||
− | A. ACQUISITION AND DISPOSITION OF | + | |
− | REVENUE PURSUANT TO SECTION 5(f) | + | ==A. ACQUISITION AND DISPOSITION OF REVENUE PURSUANT TO SECTION 5(f) OF THE ADMISSION ACT <u>*</u>/== |
− | OF THE ADMISSION ACT * | ||
In 1959, Hawaii was admitted to the | In 1959, Hawaii was admitted to the | ||
− | union as a state. | + | union as a state. <u>1</u>/ The special |
status of Hawaii's public lands was | status of Hawaii's public lands was | ||
recognized and the intent to return | recognized and the intent to return | ||
Line 28: | Line 26: | ||
States at annexation. In an | States at annexation. In an | ||
unprecedented action, the Federal | unprecedented action, the Federal | ||
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Government relinquished title to most | Government relinquished title to most | ||
of the ceded lands held at the time of | of the ceded lands held at the time of | ||
− | statehood. | + | statehood. <u>2</u>/ |
+ | |||
Section 5 of the Admission Act | Section 5 of the Admission Act | ||
provides the key to understanding | provides the key to understanding | ||
Line 51: | Line 36: | ||
lands. Section 5(a) names the State | lands. Section 5(a) names the State | ||
as successor in title to lands and | as successor in title to lands and | ||
− | properties held by the territory. 3/ | + | properties held by the territory. <u>3</u>/ |
Section 5(b) then declares that: | Section 5(b) then declares that: | ||
− | ...[e]xcept as provided in | + | : ...[e]xcept as provided in subsection (c) and (d) of this section, the United States grants to the State of Hawaii, effective upon its admission into the Union, the United States' title to all the public lands and other property, and to all lands defined as "available lands" by section 203 of the Hawaiian Homes Commission Act, 1920, as amended, within the boundaries of the State of Hawaii, title to which is held by the United States immediately prior to its admission into the Union. <u>4</u>/ |
− | subsection (c) | + | |
− | section, the United States | ||
− | grants to the State of Hawaii, | ||
− | effective upon its admission | ||
− | into the Union, the United | ||
− | States' title to all the public | ||
− | lands and other property, and to | ||
− | all lands defined as "available | ||
− | lands" by section 203 of the | ||
− | Hawaiian Homes Commission Act, | ||
− | 1920, as amended, within the | ||
− | boundaries of the State of | ||
− | Hawaii, title to which is held | ||
− | by the United States immediately | ||
− | prior to its admission into the | ||
− | Union. 4/ | ||
Section 5(g) of the Act defines public | Section 5(g) of the Act defines public | ||
lands and other public property as the | lands and other public property as the | ||
Line 77: | Line 47: | ||
of annexation...or that have been | of annexation...or that have been | ||
acquired in exchange for lands or | acquired in exchange for lands or | ||
− | properties so ceded." 5/ | + | properties so ceded." <u>5</u>/ |
+ | |||
Specifically excepted from the | Specifically excepted from the | ||
− | section 5(b) grant were ceded lands | + | section 5(b) grant were ceded lands |
that had been set aside for federal | that had been set aside for federal | ||
use pursuant to an act of Congress, | use pursuant to an act of Congress, | ||
executive order, presidential | executive order, presidential | ||
proclamation, or gubernatorial | proclamation, or gubernatorial | ||
− | proclamation. 6/ Section 5(c) of the | + | proclamation. <u>6</u>/ Section 5(c) of the |
Admission Act provided that such lands | Admission Act provided that such lands | ||
should remain the property of the | should remain the property of the | ||
United States. | United States. | ||
− | 435 | + | {{break}} |
+ | <u>*</u>/ Material for this section is | ||
+ | taken directly from Melody MacKenzie, | ||
+ | Sovereignty and Land: Honoring the | ||
+ | Hawaiian Native Claim, pp. 45-53. | ||
+ | Footnotes have been renumbered and | ||
+ | where necessary specify earlier | ||
+ | references. They are otherwise | ||
+ | unchanged. Some comments received by | ||
+ | the Commission stated that the Native | ||
+ | Hawaiians Study Commission Draft | ||
+ | Report did not address the ceded lands | ||
+ | matter; this chapter, which remains | ||
+ | unchanged from the Draft Report, fully | ||
+ | responds to those comments. | ||
+ | {{p|435}} |
Latest revision as of 18:22, 13 June 2006
State Of Hawaii's Responses To Native Hawaiians' Unique Needs
The State of Hawaii has undertaken a number of steps to meet the unique needs of native Hawaiians. These include acquisition and disposition of revenue pursuant to Section 5(f) of the Statehood Admission Act (48 U.S.C. prec. §491 (P.L. 86-3)); establishment of the Office of Hawaiian Affairs (Act 273, 1980 Legislative Session, codified at Haw. (Rev. Stat. §10- 13.5); and establishment of State programs specifically for native Hawaiians through other departments of the State government.
A. ACQUISITION AND DISPOSITION OF REVENUE PURSUANT TO SECTION 5(f) OF THE ADMISSION ACT */
In 1959, Hawaii was admitted to the union as a state. 1/ The special status of Hawaii's public lands was recognized and the intent to return those lands to Hawaii made clear in Hawaii's Admission Act. These lands, formerly the Crown and Government lands, had been ceded to the United States at annexation. In an unprecedented action, the Federal Government relinquished title to most of the ceded lands held at the time of statehood. 2/
Section 5 of the Admission Act provides the key to understanding Hawaii's ceded lands and the State's responsibilities in relation to those lands. Section 5(a) names the State as successor in title to lands and properties held by the territory. 3/ Section 5(b) then declares that:
- ...[e]xcept as provided in subsection (c) and (d) of this section, the United States grants to the State of Hawaii, effective upon its admission into the Union, the United States' title to all the public lands and other property, and to all lands defined as "available lands" by section 203 of the Hawaiian Homes Commission Act, 1920, as amended, within the boundaries of the State of Hawaii, title to which is held by the United States immediately prior to its admission into the Union. 4/
Section 5(g) of the Act defines public lands and other public property as the "lands and properties that were ceded to the United States by the Republic of Hawaii under the joint resolution of annexation...or that have been acquired in exchange for lands or properties so ceded." 5/
Specifically excepted from the section 5(b) grant were ceded lands that had been set aside for federal use pursuant to an act of Congress, executive order, presidential proclamation, or gubernatorial proclamation. 6/ Section 5(c) of the Admission Act provided that such lands should remain the property of the United States.
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*/ Material for this section is taken directly from Melody MacKenzie, Sovereignty and Land: Honoring the Hawaiian Native Claim, pp. 45-53. Footnotes have been renumbered and where necessary specify earlier references. They are otherwise unchanged. Some comments received by the Commission stated that the Native Hawaiians Study Commission Draft Report did not address the ceded lands matter; this chapter, which remains unchanged from the Draft Report, fully responds to those comments.
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