Difference between revisions of "Template:Nhsc-v1-441"
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| − | STATE OF HAWAII'S RESPONSES TO | + | =STATE OF HAWAII'S RESPONSES TO NATIVE HAWAIIAN'S UNIQUE NEEDS= |
| − | NATIVE HAWAIIAN'S UNIQUE NEEDS | + | ==NOTES== |
| − | NOTES | + | <u>1</u>/ Admission Act of March 18, 1959, |
| − | 1/ | ||
| − | |||
| − | Admission Act of March 18, | ||
735 Stat. 4. | 735 Stat. 4. | ||
| − | 2/ Hawaii's Ceded Lands, 3 | + | |
| − | U.H.L.R., 101, 102 (1981) | + | <u>2</u>/ <u>Hawaii's Ceded Lands</u>, 3 |
| − | cited as "Ceded Lands"]. | + | U.H.L.R., 101, 102 (1981) [herein cited as "Ceded Lands"]. |
| − | + | ||
| − | §5(a). | + | <u>3</u>/ Admission Act, <u>supra</u>, at §5(a). |
| − | + | ||
| − | + | <u>4</u>/ <u>Ibid</u>, at §5(b). | |
| − | + | ||
| − | + | <u>5</u>/ <u>Ibid</u>, at §5(g). | |
| − | + | ||
| − | + | <u>6</u>/ <u>Ibid</u>, at §5(c). | |
| − | + | ||
| − | + | <u>7</u>/ <u>Ibid</u>. at §5(d). | |
| − | + | ||
| − | Ibid, at | + | <u>8</u>/ <u>Ibid</u>. at §5(e). |
| − | Ibid, at §5(c). | + | |
| − | Ibid | + | <u>9</u>/ <u>Ibid</u>. at §5(f). |
| − | Ibid at §5(e). | + | |
| − | Ibid | + | <u>10</u>/ <u>Ibid</u>., R. Horowitz, <u>Public Lands Policy in Hawaii; an Historical Analysis</u> (Legislative Reference Report No. 5, 1969), pp. 70-71. |
| − | + | ||
| − | 10/ Ibid., R. Horowitz, Public | + | <u>11</u>/ <u>Ibid</u>. p. 75. |
| − | Lands Policy in Hawaii; an Historical | + | |
| − | Analysis (Legislative Reference Report | + | <u>12</u>/ <u>Ibid</u>. |
| − | No. 5, 1969), pp. 70-71. | + | |
| − | 11/ | + | <u>13</u>/ <u>See</u> discussion in <u>Ibid</u>., pp. 72-72. |
| − | + | ||
| − | + | <u>14</u>/ Pub. Law. No. 88-233, 77 Stat. | |
| − | |||
| − | |||
| − | Ibid. | ||
| − | See discussion in Ibid., pp. | ||
| − | 14/ Pub. Law. No. 88-233, 77 Stat. | ||
242 (December 23, 1963). | 242 (December 23, 1963). | ||
| − | 15/ Interview with Jack Kaguni, | + | |
| + | <u>15</u>/ Interview with Jack Kaguni, | ||
formerly of the Land Management | formerly of the Land Management | ||
Division of the Hawaii Department of | Division of the Hawaii Department of | ||
Land and Natural Resources. | Land and Natural Resources. | ||
| − | + | ||
| − | 5(f). | + | <u>16</u>/ Admission Act, <u>supra</u>, at § 5(f). |
| − | + | ||
| − | 17/ The DLNR is charged with | + | <u>17</U>/ The DLNR is charged with |
| − | managing | + | managing all of Hawaii's public lands. |
| − | See generally, HRS Chap. 171, and HRS | + | <u>See</u> generally, HRS Chap. 171, and HRS |
| − | $26-15 and note 86, infra. | + | $26-15 and note 86, <u>infra</U>. |
| − | 18/ A Report to the Governor and | + | |
| + | <u>18</u>/ A Report to the Governor and | ||
the Legislature of the State of | the Legislature of the State of | ||
| − | Hawaii, submitted by the | + | Hawaii, submitted by the Leg slative |
Auditor of the State of Hawaii, Audit | Auditor of the State of Hawaii, Audit | ||
Report No. 79-1 (January 1979) | Report No. 79-1 (January 1979) | ||
| − | [hereinafter cited as "Audit"). | + | [hereinafter cited as "<u>Audit</u>"). |
| − | + | ||
| − | land | + | <u>19</U>/ HRS §171-18 provides: <u>Public land trust</U>. All funds derived from |
| − | the sale or lease or other | + | the sale or lease or other disposition |
of public lands shall be appropriated | of public lands shall be appropriated | ||
| − | by the laws of the | + | by the laws of the State; provided, |
| − | that | + | that all lands ceded to the United |
States by the Republic of Hawaii under | States by the Republic of Hawaii under | ||
the joint resolution of annexation, | the joint resolution of annexation, | ||
| − | approved July 7, 1898 (30 | + | approved July 7, 1898 (30 Stat. 750), |
or acquired in exchange for lands so | or acquired in exchange for lands so | ||
ceded, and returned to the State of | ceded, and returned to the State of | ||
Hawaii by virtue of section 5(b) of | Hawaii by virtue of section 5(b) of | ||
| − | the Act of March 18, 1959 (73 | + | the Act of March 18, 1959 (73 Stat. 6), and all proceeds and income from |
| − | 6), and | ||
the sale, lease or other disposition | the sale, lease or other disposition | ||
of lands retained by the United States | of lands retained by the United States | ||
| Line 77: | Line 70: | ||
public trust for the support of the | public trust for the support of the | ||
public schools and other public | public schools and other public | ||
| − | education | + | education institutions , for the |
betterment of the conditions of native | betterment of the conditions of native | ||
Hawaiians as defined in the Hawaiian | Hawaiians as defined in the Hawaiian | ||
| Line 88: | Line 81: | ||
1962, c 32, pt of §2; Supp, §103A- | 1962, c 32, pt of §2; Supp, §103A- | ||
181). | 181). | ||
| − | 441 | + | {{p|441}} |
Revision as of 15:42, 21 June 2006
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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