CHAPTER 10

OFFICE OF HAWAIIAN AFFAIRS

 

Part I. General Provisions

Section

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

10-13.5 Use of public land trust proceeds

10-13.6 Public land trust conveyed for the development of

housing projects

10-14 Repealed

10-14.5 Budget preparation and submission; auditing

10-14.55 Audit and report

10-14.6 Legislative review

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10-15.5 Repealed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

 

Part II. Revenue Bonds

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

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

 

Part III. Training; Certain Boards, Commissions,

and Councils; Native Hawaiian and Hawaiian

Traditional and Customary Rights, Natural

Resource Protection and Access Rights,

and the Public Trust

10-41 Training; applicability

10-42 Training relating to native Hawaiian and Hawaiian

traditional and customary rights, natural resources

and access rights, and the public trust

 

Note

 

Commission on the thirteenth festival of pacific arts; report to 2018 legislature (ceases to exist on June 30, 2021). L 2017, c 104.

Kakaako makai; conveyance of certain parcels to office of Hawaiian affairs. L 2012, c 15.

Public land trust information system. L 2011, c 54; L 2013, c 110.

Use of lands in public land trust; payments and accounting requirements. L 2006, c 178.

 

Cross References

 

Allowance of indigenous Hawaiian architecture by county ordinances, see 46-1.55.

Successor determination program, see 171-100.

 

Attorney General Opinions

 

Office of Hawaiian affairs constitutionally valid. Att. Gen. Op. 80-8.

Legislature may not authorize office of Hawaiian affairs to use funds derived from public land trust to better the conditions of "Hawaiians", as defined in 10-2, distinguishing from "native Hawaiians" as defined in 5(f) of the Admission Act. Att. Gen. Op. 83-2.

 

Law Journals and Reviews

 

The Constitutionality of the Office of Hawaiian Affairs. 7 UH L. Rev. 63.

The Office of Hawaiian Affairs and the Issue of Sovereign Immunity. 7 UH L. Rev. 95.

The Native Hawaiian Trusts Judicial Relief Act: The First Step in an Attempt to Provide Relief. 14 UH L. Rev. 889.

Native Hawaiian Entitlement to Sovereignty: An Overview. 17 UH L. Rev. 427.

Courts in the "Age of Reconciliation": Office of Hawaiian Affairs v. HCDCH. 33 UH L. Rev. 503 (2011).

The Crown Lands Trust: Who Were, Who Are, the Beneficiaries? 38 UH L. Rev. 213 (2016).

Unwinding Non-Native Control Over Native America's Past: A Statistical Analysis of the Decisions to Return Native American Human Remains and Funerary Objects under the Native American Graves Protection and Repatriation Act, 1992-2013. 38 UH L. Rev. 337 (2016).

A Collective Memory of Injustice: Reclaiming Hawai`i's Crown Lands Trust in Response to Judge James S. Burns. 39 UH L. Rev. 481 (2017).

(Re)Righting History: Deconstructing the Court's Narrative of Hawai`i's Past. 39 UH L. Rev. 631 (2017).

 

Case Notes

 

Does not violate 5 of the Admission Act. 921 F.2d 950.

Appellant who contended, among other things, injury by the provisions of article XII of the state constitution and this chapter personally subjecting appellant to racial classification, lacked standing as appellant did not suffer an injury in fact. 342 F.3d 934.

Plaintiff challenging constitutionality of article XII, 5 and 6 of state constitution and this chapter, lacked standing, where plaintiff had not suffered any injury-in-fact. 188 F. Supp. 2d 1233.

 

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