Difference between revisions of "Template:Nhsc-v1-436"

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Line 4: Line 4:
 
within five years, any ceded lands it
 
within five years, any ceded lands it
 
was using under permit, license, or
 
was using under permit, license, or
permission of the t e r r i t o ry
+
permission of the territory
 
immediately prior to statehood. Once
 
immediately prior to statehood. Once
 
set aside those lands would also
 
set aside those lands would also
 
remain the property of the United
 
remain the property of the United
S t a t e s . 7/
+
States. <u>7</u>/
 +
 
 
Section 5(e) required each federal
 
Section 5(e) required each federal
 
agency in Hawaii having control of
 
agency in Hawaii having control of
Line 14: Line 15:
 
Federal Government under section 5(c)
 
Federal Government under section 5(c)
 
or 5(d) to:
 
or 5(d) to:
. . . r e p o r t to the President the
+
 
facts regarding i t s continued
+
: ...report to the President the facts regarding its continued need for such land or property, and if the President determined that the land or property is no longer needed by the United States, it shall be conveyed [sic] to the State of Hawaii. <u>8</u>/
need for such land or property,
+
 
and if the President determined
 
that the land or property is no
 
longer needed by the United
 
S t a t e s , it shall be conveyed
 
[ s i c ] to the S t a t e of Hawaii. 8/
 
 
This provision, however, set a
 
This provision, however, set a
 
five-year deadline for reporting and
 
five-year deadline for reporting and
conveying lands to the S t a t e . After
+
conveying lands to the State. After
 
August 21, 1964, five years from the
 
August 21, 1964, five years from the
 
date on which Hawaii formally entered
 
date on which Hawaii formally entered
the Union, t i t l e to ceded lands
+
the Union, title to ceded lands
 
retained by the Federal Government
 
retained by the Federal Government
 
would vest permanently in the United
 
would vest permanently in the United
S t a t e s .
+
States.
 +
 
 
The final major subsection of
 
The final major subsection of
section 5 sets forth the S t a t e 's
+
section 5 sets forth the State's
r e s p o n s i b i l i t i e s in connection with
+
responsibilities in connection with
ceded land9. Section 5(f) requires
+
ceded lands. Section 5(f) requires
the State to hold a l l ceded lands
+
the State to hold all ceded lands
 
returned under Sections (b) and (e),
 
returned under Sections (b) and (e),
 
together with the proceeds from their
 
together with the proceeds from their
s a l e or other disposition and the
+
sale or other disposition and the
 
income therefrom:
 
income therefrom:
. . . a s a public truct for the
+
 
support of the public schools
+
: ...as a public trust for the support of the public schools and other public educational 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. Such lands, proceeds, and income shall be managed and disposed of for one or more of the foregoing purposes in such manner as the constitution and laws of said State may provide, and their use for any other object shall constitute a breach of trust for which suit may be brought by the United States. <u>9</u>/
and other public educational
+
 
i n s t i t u t i o n s , for the betterment
+
===Return of Federally Controlled Lands====
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. Such lands,
 
proceeds, and income shall be
 
managed and disposed of for one
 
or more of the foregoing
 
purposes in such manner as the
 
c o n s t i t u t i o n and laws of said
 
State may provide, and their use
 
for any other object shall
 
c o n s t i t u t e a breach of trust for
 
which s u i t nay be brought by the
 
United States . 9_/
 
Return of Federally Controlled Lands
 
 
At the time of statehood,
 
At the time of statehood,
 
287,078.44 acres of Hawaii's public
 
287,078.44 acres of Hawaii's public
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lands, section 5(e) established a
 
lands, section 5(e) established a
 
mechanism for conveying some of those
 
mechanism for conveying some of those
lands to the new S t a t e . State
+
lands to the new State. State officials had high hopes for return of substantial portions of federally-held lands, but as Section 5(e)'s five-year
o f f i c i a l s had high hopes for return of
 
s u b s t a n t i a l portions of federally-held
 
lands, but as Section 5 ( e ) ' s five-year
 
 
deadline approached, only 595.41 acres
 
deadline approached, only 595.41 acres
had been returned. 10/
+
had been returned. <u>10</u>/
 +
 
 
Furthermore, section 5(d) of the
 
Furthermore, section 5(d) of the
 
Admission Act allowed the Federal
 
Admission Act allowed the Federal
Line 87: Line 61:
 
Federal Government had permits and
 
Federal Government had permits and
 
licenses on 117,412.74 acres of land.
 
licenses on 117,412.74 acres of land.
V i r t u a l l y a l l of these lands were
+
Virtually all of these lands were
 
retained under the Federal
 
retained under the Federal
 
Government's control. 87,236.557
 
Government's control. 87,236.557
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30,176.18 acres were leased to the
 
30,176.18 acres were leased to the
 
Federal Government for 65 years at
 
Federal Government for 65 years at
nominal cost. 11/ A 1969 report on
+
nominal cost. <u>11</u>/ A 1969 report on
 
Hawaii's public lands described the
 
Hawaii's public lands described the
s i t u a t i o n as follows:
+
situation as follows:
Soon after statehood it became
+
: Soon after statehood it became apparent that the Defense Department had no intention of immediately giving up control of any of this land, and that this
apparent that the Defense
+
{{p|436}}
Department had no intention of
 
immediately giving up control of
 
any of this land, and that this
 
436
 

Latest revision as of 17:30, 19 June 2006

Section 5(d) of the Act dealt with other exempted lands. It allowed the Federal Government to set aside, within five years, any ceded lands it was using under permit, license, or permission of the territory immediately prior to statehood. Once set aside those lands would also remain the property of the United States. 7/

Section 5(e) required each federal agency in Hawaii having control of land or property retained by the Federal Government under section 5(c) or 5(d) to:

...report to the President the facts regarding its continued need for such land or property, and if the President determined that the land or property is no longer needed by the United States, it shall be conveyed [sic] to the State of Hawaii. 8/

This provision, however, set a five-year deadline for reporting and conveying lands to the State. After August 21, 1964, five years from the date on which Hawaii formally entered the Union, title to ceded lands retained by the Federal Government would vest permanently in the United States.

The final major subsection of section 5 sets forth the State's responsibilities in connection with ceded lands. Section 5(f) requires the State to hold all ceded lands returned under Sections (b) and (e), together with the proceeds from their sale or other disposition and the income therefrom:

...as a public trust for the support of the public schools and other public educational 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. Such lands, proceeds, and income shall be managed and disposed of for one or more of the foregoing purposes in such manner as the constitution and laws of said State may provide, and their use for any other object shall constitute a breach of trust for which suit may be brought by the United States. 9/

Return of Federally Controlled Lands=

At the time of statehood, 287,078.44 acres of Hawaii's public lands had been set aside for the Federal Government. Although section 5(c) of the Admission Act allowed the Federal Government to retain set-aside lands, section 5(e) established a mechanism for conveying some of those lands to the new State. State officials had high hopes for return of substantial portions of federally-held lands, but as Section 5(e)'s five-year deadline approached, only 595.41 acres had been returned. 10/

Furthermore, section 5(d) of the Admission Act allowed the Federal Government to set aside, within five years, lands it was using under lease, permit, or license immediately prior to statehood. Prior to statehood, the Federal Government had permits and licenses on 117,412.74 acres of land. Virtually all of these lands were retained under the Federal Government's control. 87,236.557 acres of land were set aside pursuant to section 5(d) while another 30,176.18 acres were leased to the Federal Government for 65 years at nominal cost. 11/ A 1969 report on Hawaii's public lands described the situation as follows:

Soon after statehood it became apparent that the Defense Department had no intention of immediately giving up control of any of this land, and that this
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