Go to Previous Versions
of
this Chapter
2024 Hawaii Revised Statutes
Title 1. General Provisions
10. Office of Hawaiian Affairs
PART I. GENERAL PROVISIONS
AND COUNCILS; NATIVE HAWAIIAN AND HAWAIIAN TRADITIONAL
AND CUSTOMARY RIGHTS, NATURAL RESOURCE PROTECTION AND
ACCESS RIGHTS, AND THE PUBLIC TRUST
- 10-1 Declaration of purpose.
- 10-2 Definitions.
- 10-3 Purpose of the office.
- 10-4 Office of Hawaiian affairs; established; general powers.
- 10-4.5 Authority over disbursements
- 10-5 Board of trustees; powers and duties.
- 10-6 General duties of the board.
- 10-7 Board of trustees.
- 10-8 Organization; quorum; meeting.
- 10-9 Salaries; benefit; expenses.
- 10-9.5 Salary commission; established.
- 10-10 Administrator; appointment, tenure, removal.
- 10-11 Salary of the administrator.
- 10-12 Assistant; staff.
- 10-13 Appropriations; accounts; reports.
- 10-13.3 Interim revenue. Notwithstanding the definition of revenue contained in this chapter and the provisions of section 10-13.5, and notwithstanding any claimed invalidity of Act 304, Session Laws of Hawaii 1990, the income and proceeds from the pro rata portion of the public land trust under article XII, section 6 of the state constitution for expenditure by the office of Hawaiian affairs for the betterment of the conditions of native Hawaiians for each of fiscal year 1997-1998 and fiscal year 1998-1999 shall be $15,100,000. [L 1997, c 329, §2] Law Journals and Reviews Demolition of Native Rights and Self Determination: Act 55's Devastating Impact through the Development of Hawaii's Public Lands. 35 UH L. Rev. 297 (2013).
- 10-13.5 Use of public land trust proceeds.
- 10-13.6 Public land trust conveyed for the development of housing projects. (a) This section applies to the revenue derived from land of the public land trust as designated in subsection (e) that is conveyed by the department of land and natural resources to the Hawaii housing finance and development corporation for the development of housing projects as defined under section 201H-1. The amount due to the office shall be determined by multiplying the fair market value of the land by twenty per cent. For the purpose of this section: "Fair market value" means the amount of money that a purchaser willing but not obliged to buy the land would pay to an owner willing but not obliged to sell it, taking into consideration the highest and best use of the land. "Highest and best use" means the most profitable, probable, and legal use to which the land can be put. (b) Fair market value shall be determined on a per acre basis pursuant to appraisals performed in conformance with the uniform standards of professional appraisal practice as adopted by the department of commerce and consumer affairs, not more than ninety days before the conveyance of the land to the Hawaii housing finance and development corporation. The appraisals shall be performed by two disinterested appraisers each of whose services shall be contracted by the department of land and natural resources and the office, respectively. If the land is of the public land trust and sugarcane lands, as defined by article XII, section 1 of the state constitution, the office and the department of Hawaiian home lands shall contract the services of one appraiser. The parties shall contract the services of the appraisers within thirty business days after the department of land and natural resources gives written notice to the office, together with the department of Hawaiian home lands if the land is of the public land trust and sugarcane lands, of the proposed conveyance of the land to the Hawaii housing finance and development corporation. If any party fails o
- 10-14 REPEALED.
- 10-14.5 Budget preparation and submission; auditing. (a) The budget, six-year program and financial plan, and the variance report of the office of Hawaiian affairs shall be submitted by the board to the legislature and to each member thereof in accordance with the budget submission schedule specified for the governor in chapter 37 and shall contain the program information specified in that chapter that is applicable to the office of Hawaiian affairs. Not less than twenty days prior to the convening of each regular session of the legislature, the office of Hawaiian affairs shall submit to the legislature an accounting of the expenditures made in the prior fiscal year, by account code and budget program. By November 1 of each year preceding a legislative session in which a budget is to be submitted, the board shall provide written notification to the governor of the proposed total expenditures, by cost categories and sources of funding, and estimated revenues of the office of Hawaiian affairs for each fiscal year of the next fiscal biennium. (b) The board shall provide opportunities for beneficiaries in every county to participate in the preparation of each biennial and supplemental budget of the office of Hawaiian affairs. These opportunities shall include an accounting by trustees of the funds expended and of the effectiveness of programs undertaken. (c) The office shall be subject to governmental audit. [L 1990, c 221, pt of §2]
- 10-14.55 Audit and report.
- 10-14.6 Legislative review. The legislature shall consider the board's proposed program and financial plan; evaluate alternatives to the board's recommendations; and appropriate any general fund portion of the budget and any matching special fund appropriations. [L 1990, c 221, pt of §2]
- 10-15 Annual report.
- 10-15.5 REPEALED.
- 10-16 Suits.
- 10-17 Grants; conditions and qualifications.
- 10-18 Hui `Imi advisory council.
- 10-19 Hawaiian registry.
- 10-20 Taro security; funding.
- 10-21 Definitions.
- 10-22 Powers of the board.
- 10-23 Authorization of office projects and loan programs; issuance of revenue bonds.
- 10-24 Revenue bond anticipation notes.
- 10-25 Revenue bonds.
- 10-25.1 Federal tax-exempt status; preference; protection.
- 10-25.5 Support facility for variable rate revenue bonds. If revenue bonds issued pursuant to this chapter are issued bearing interest at a rate or rates that vary from time to time or with a right of holders to tender the revenue bonds for purchase, or both, the board may contract for a support facility or facilities and remarketing arrangements as are required to market the revenue bonds to the greatest advantage of the board and the office upon terms and conditions as the board deems necessary and proper. The board may enter into contracts or agreements with the entity or entities providing a support facility; provided that any contract or agreement shall provide, in essence, that any amount due and owing by the board under the contract or agreement on an annual basis shall be payable from the revenue of the office project or loan program for which revenue bonds are issued or the revenue of the office; provided further that any obligation issued or arising pursuant to the terms of the contract or agreement in the form of revenue bonds, notes, or other evidences of indebtedness shall only arise at such time as either: (1) Moneys or securities have been irrevocably set aside for the full payment of a like principal amount of revenue bonds issued pursuant to this chapter; or (2) A like principal amount of the issue or series of revenue bonds to which the support facility relates are held in escrow by the entity or entities providing the support facility. [L 2009, c 146, §2; am L 2013, c 171, §6]
- 10-26 CUSIP numbers.
- 10-27 Covenants in resolution authorizing revenue bonds.
- 10-28 Validity of bonds.
- 10-29 Bonds.
- 10-30 Payment and security of revenue bonds; revenue bonds not a debt of the State.
- 10-31 Office of Hawaiian affairs projects and loan programs to be self-supporting.
- 10-32 Office of Hawaiian affairs projects, loan programs, and bonds exempt from taxation.
- 10-33 Powers herein, additional to other powers.
- 10-34 Funding and refunding bonds; authorization and purpose.
- 10-35 Funding and refunding bonds; principal amount.
- 10-36 Limitation of authority.
AND COUNCILS; NATIVE HAWAIIAN AND HAWAIIAN TRADITIONAL
AND CUSTOMARY RIGHTS, NATURAL RESOURCE PROTECTION AND
ACCESS RIGHTS, AND THE PUBLIC TRUST
Disclaimer: These codes may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.