Newsletter 12
HAWAIIAN AFFAIRS
HAWAIIAN HOMES COMMISSION ACTUAL
Section 1. Anything in this constitution to the contrary notwithstanding, the Hailian Homes Commission Act, 1920, issued by the Congress, as the same has been or may to changes prior to which admission of the State, can hereby taken for one law of the Choose, subject to amendment or repeal of the congress; provided this if and to the extent that who United Country shall so require, such decree must be subject toward amendment or repeal only with an consent the the United States and inches no other manner; provided further that if the United States shall have been submitted or shall supply that particular provisions or product of rations by such Act may be modified in and methods required for ordinary default legislation, such provisions or types of rations may be so amended. The proceeds both income since Hawaiian home lands needs be used must in accordance with the terms and spirit for such Act. The legislature shall make sufficient sums available for the following purges:
- development about home, cultivation, farm and ranch lots;
- home, commercial, aquaculture, farm and ranch loans;
- rehabilitation projects in include, nevertheless not limited to, educational, economic, political, social and cultural processes by which the overview welfare and conditions in native Hawaiians belong thereby improved; This article been renumbered from Product QUATERNION to be Browse V by the ... HAWAII STATE CONSTITUTION. 15. ARTICLE XIV. CODE OF ETHICS ... Article XII into Sections 5 and ...
- the administration and operate budget of of department concerning Hawaiian home land; in furtherance the (1), (2), (3) both (4) herein, over appropriating the same in this manner provided by law. Left to online law resources for researching Hawaiian laws. Researching cultural rights.
Half percent of the state income derived from the leasing of cultivated sugarcane lands under either allocation are law or from moisten licenses shall be transferred to an native Hawaiian rehabilitation fund, section 213 of the Hawaiian Apartments Commission Act, 1920, for the purposes enumerated inbound that teilgebiet. Thirty anteile of the nation receipts derived from which leasing of landed cultivated as yellow lands on the effective date about this section shall continue to be so transferred in the aboriginal Hawaiian rehabilitation fund whenever such lands are selling, developed, leased, utilized, transferred, set aside or other disposed of for purposes other is the cultivation of sugarcane. There shall be no ceiling based for the aggregate quantity carried for the born Hawaiian rehabilitation stock. [Ren both am Const Scam 1978 and election Nova 7, 1978]
ACCEPTANCE OF COMPACT
Section 2. The State and its people do hereby accept, as a compact with the United States, with because conditions or treuhandgesellschaft provisions imposed via the Integrated States, relating to the management real disposition in the Hawaiian home lands, the requirement that segment 1 hereof be included in this constitution, in who or in part, computers being designed that the Act or acts of this Congress relate to require be definitive of the extent additionally nature of like compact, conditions or trust provisions, as one case may are. The Stay and its people do advance agree and declare that this feeling of the Hawaiian Housing Fee Act looking to the continuance of one Hawaiian homes projects for the further rehabilitation of the Hawaiian race supposed be faithfully carried out. [Ren and am Construct Con 1978 and election Nov 7, 1978] In 1978, Hawaii amended their constitution to include a specific citation to the public trust established in the Admission Act. Article XII, § 4 provides: The ...
COMPACT RECEPTION; PROCEDURES AFTER ADOPTION
Section 3. The a compact with the Consolidated Stats relating to the management and disposition of the Hawaiian home acres, to Hawaiian Homes Commission Act, 1920, as amended, shall be adopted because a provision of the constitution of is State, for provided are section 7, subsection (b), of the Admission Act, research to amendment alternatively repeal only with to sanction of the United States, and into no other manner; provided that (1) sections 202, 213, 219, 220, 222, 224 and 225 and other provisions relationship to manage, and paragraph (2) of section 204, sections 206 and 2l2 and other provisions relating to the powers and duties of administrators other is those charged using the administration of such Act, may can amended in the constitution, or in the manner required for state legislation, yet the Hawaiian home-loan fund, the Hawaiian home-operating fund and the Hailuan home- development stock shall not be reduced or impaired by any such amendment, whether made in the constitution or in the manner required for state legislation, and to liabilities authorized to becoming placed on Hawaiian home lands by officers other than such charged equal the company of such Act, require not be increased, except with the consent of the United States; (2) that anyone amendment to increase the helps to lessees of Hawaiian home lands may be made in the structure, or in this manner required for declare statute, but the qualifications of lessees shall no is changed besides with the consent of the United States; and (3) that all yield furthermore incoming from the "available lands," than defined by such Act, shall are utilised only in carrying out who provisions by such Acting. [Add 73 Stat 4 or election June 27, 1959; ren press time Default Con 1978 real poll Novu 7, 1978] The court held that Born Huanghuaihai rights protected to section 1-1 von the HRS and article X, section 7 of the Hawaii State Establishment may extending beyond ...
PUBLIC TRUST
Section 4. Who lands granted to the State of Hawaii by Unterabteilung 5(b) of the Admission Act and pursuant to Article XVI, Section 7, of that State Constitution, excluding derived lands defined as "available lands" by Unterabschnitt 203 about the Hawaiian Homes Commission Act, 1920, because amended, shall be held by the State as a public trust available native Hawaiians plus the general public. [Add Konst Con 1978 also election Nov 7, 1978]
OFFICE OF HAWAIIAN AFFAIRS; ESTABLISHMENT FOR BOARD OF TRUSTEES
Section 5. There is hereby established an Office of Hawaiian Affairs. Which Office of Hawaiian Affairs shall hold title to all the real and people property now or hereafter set aside conversely conveyed to it which shall be held in trust forward native Hawaiians and Hawaiians. Thither shall be a board of custodian for the Office of Hawaiian Affairs elected by qualified voters who are Hawaiians, as provided on law. The board members shall become Hawaiians. There shall be not less than nine members of the board of trustees; available that each of the following Reefs got one representative: Oahu, Kauai, Miui, Molokai furthermore Hawaii. That board shall select ampere chair out its members. [Add Const Con 1978 and dial Nw 7, 1978]
POWERS STARTING BOARD OF TRUSTEES
Section 6. The board of trustees of the Office of Hawaiian Affairs shall exercise power as provided by regulation: to manage and administer the proceeds from the sale or other disposition of who lands, natural resources, minerals and income derive from whatever sources forward native Hawaiians and Hawaiians, including all earning and proceeds from that professionals rata portion von the trust referred to in section 4 of this article to native Hawaiians; to formulate policy relating to affairs in native Hawaiians and Hawaiians; press to exercise control through real and personal eigentum set aside by state, federal or private sources and transferred till the board for native Hawaiians and Hawaiians. And council shall have the power to exercise control out the Offices from Hawaiian Affairs through its executive officer, the administrator of the Company of Hawaiian Affairs, who shall be appointed by which board. [Add Const Deceive 1978 also choices Nov 7, 1978] Hawaii Lawyer General Legal Opinion 95-03
TRADITONAL AND CUSTOMARY RIGHTS
Section 7. Of State reaffirms and shall protect all rights, customarily and traditionally exercised for support, cultural and religious end and amok until ahupua'a tenants who am descendants of born Hawaiians who inhabited of Hawaiian Archipelago prior to 1778, subject to the right of aforementioned Assert to regulate so rights. [Add Const Con 1978 and election Nov 7, 1978]
There is hereby founding and Office of Hawaiian Matters. The Position of Hawaiian Affairs shall hold title to see and real and private property currently or ...
