2015 Hawaii Revised Statutes
TITLE 1. GENERAL PROVISIONS
10. Office of Hawaiian Affairs
10-13.5 Use of public land trust proceeds.

Note

Sections 10-1 to 10-16 designated as Part I by L 1994, c 283, §2(1).

§10-13.5 Use of public land trust proceeds. Twenty per cent of all funds derived from the public land trust, described in section 10-3, shall be expended by the office, as defined in section 10-2, for the purposes of this chapter. [L 1980, c 273, §1; am L 1990, c 304, §§7, 16]

Attorney General Opinions

Legislature must again determine which income and proceeds from the public land trust lands are to go to the office of Hawaiian affairs (OHA). Until legislature reestablishes a funding mechanism for OHA, Executive Order No. 03-03 is the only mechanism in place for transferring receipts from the use of ceded lands to OHA; receipts from the sale or transfer of biogenetic resources do not qualify for transfer under the order. Att. Gen. Op. 03-3.

Receipts derived from ceded lands apportioned for native Hawaiians pursuant to article XII, §6 of the state constitution and this section may be transmitted directly to office of Hawaiian affairs by agencies that collect them, without legislative appropriation. Att. Gen. Op. 03-4.

Law Journals and Reviews

The Lum Court and Native Hawaiian Rights. 14 UH L. Rev. 377.

Native Hawaiians, Self-Determination, and the Inadequacy of the State Land Trusts. 14 UH L. Rev. 519.

Hawai‘i's Justiciability Doctrine. 26 UH L. Rev. 537.

Biopiracy in Paradise?: Fulfilling the Legal Duty to Regulate Bioprospecting in Hawai‘i. 28 UH L. Rev. 387.

Case Notes

Section contained no judicially discoverable or manageable standards that could be employed to resolve OHA's claims to twenty per cent of revenues. 69 H. 154, 737 P.2d 446.

Act 304, L 1990, was invalidated by its own severability clause when amendment to this section by Act 304 was found to conflict with the federal Forgiveness Act (Pub. L. No. 105-66, §340, 111 Stat. at 1448), leaving court with no judicially manageable standards to determine whether office of Hawaiian affairs was entitled to the specific revenues sought in the suit. 96 H. 388, 31 P.3d 901.