§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.
Structure Hawaii Revised Statutes
10. Office of Hawaiian Affairs
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.
10-8 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.
10-13 Appropriations; accounts; reports.
10-13.5 Use of public land trust proceeds.
10-17 Grants; conditions and qualifications.
10-18 Hui `Imi advisory council.
10-23 Authorization of office projects and loan programs; issuance of revenue bonds.
10-24 Revenue bond anticipation notes.
10-25.1 Federal tax-exempt status; preference; protection.
10-27 Covenants in resolution authorizing revenue 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.