HAWAIIAN HOMES COMMISSION ACT, 1920

 

(Act of July 9, 1921, c 42, 42 Stat 108)

 

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Note

 

This Act is now part of the State Constitution and is subject to amendment or repeal as prescribed in Article XII of the Constitution.

 

Consent of Congress

 

Consent of Congress, see Pub. L. 99-557 (October 27, 1986); H.J. Res. 32, 105th Cong. 1st Sess., Pub. L. No. 105-21, 111 Stat. 235 (June 27, 1997), for 209 and 219.1; and S.J. Res. 23, 102nd Cong. 2nd Sess., Pub. L. No. 102-398, 106 Stat. 1953 (October 6, 1992), for 202, 203, 204, 208, 209, 213, 214, 215, 220, 221, 222, and 227.

 

Law Journals and Reviews

 

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

 

Title 1: Definitions

 

Section

1

2

 

Title 1A: Purpose

101 Purpose

 

Title 2: Hawaiian Homes Commission

 

201 Definitions

201.5 Federal reaffirmation

201.6 Community based governance on Hawaiian home lands

202 Department officers, staff, commission, members,

compensation

203 Certain public lands designated "available lands"

Parcel I

Parcel II

Kewalo-Uka, Honolulu, Oahu

Kewalo-Uka, Honolulu, Oahu

204 Control by department of "available lands," return

to board of land and natural resources, when; other

lands, use of

204.5 Additional powers

205 Sale or lease, limitations on

206 Other officers not to control Hawaiian home lands;

exception

207 Leases to Hawaiians, licenses

207.5 Housing development

208 Conditions of leases

209 Successors to lessees

210 Cancellation of leases

210.5 Repealed

211 Community pastures

212 Lands returned to control of board of land and

natural resources

213 Funds and accounts

213.5 Establishment of special fund

213.6 Hawaiian home lands trust fund

214 Purposes of loans; authorized actions

215 Conditions of loans

216 Insurance by borrowers; acceleration of loans; lien

and enforcement thereof

217 Ejectment, when; loan to new lessee for

improvements

218 Repealed

219 Agricultural and aquacultural experts

219.1 General assistance

220 Development projects; appropriations by legislature;

bonds issued by legislature; mandatory reservation

of water

220.5 Development by contract; development by project

developer agreement

221 Water

222 Administration

223 Right of amendment, etc.

224 Sanitation and reclamation expert

225 Investment of funds; disposition

226 Qualification for federal programs

227 Enterprise zones

228 Commercial and multipurpose project leases;

extension of term

 

Title 3: Amendments to Hawaiian Organic Act

 

Title 4: Miscellaneous Provisions

 

401

402

 

Title 5: Homestead General Leasing Program

 

501 to 516 Repealed

 

Note

 

Funding for Native Hawaiian roll commission. L 2011, c 195, 4; L 2014, c 14, 2.

Public land trust information system. L 2011, c 54; L 2013, c 110, 2.

 

Cross References

 

Native Hawaiian recognition, see chapter 10H.

 

Attorney General Opinions

 

Threatened and endangered plants are protected on Hawaiian home lands under the provisions of chapter 195D, as well as under the provisions of the federal Endangered Species Act of 1973, to the same extent that the plants are protected elsewhere in Hawaii. Anyone who "takes" threatened or endangered plants on Hawaiian home lands is subject to state and federal civil and criminal penalties. Att. Gen. Op. 95-5.

Allocating royalties from geothermal developments on department of Hawaiian home lands (DHHL) lands to the board of land and natural resources or the counties violated 4 of the Admission Act and article XII, 1 and 3 of the Hawaii constitution. It is clear from the Admission Act and the Hawaii constitution that the State has an obligation to manage such resources on Hawaiian home lands for the benefit of native Hawaiians pursuant to the Hawaiian Homes Commission Act (HHCA). Allocation of royalties from geothermal developments on DHHL lands to entities other than DHHL would be violations of both the Admission Act and the Hawaii constitution because those proceeds would not be available to DHHL to carry out the terms and conditions of the HHCA. Att. Gen. Op. 14-1.

 

Law Journals and Reviews

 

Courts and the Cultural Performance: Native Hawaiians' Uncertain Federal and State Law Rights to Sue. 16 UH L. Rev. 1.

Native Hawaiian Homestead Water Reservation Rights: Providing Good Living Conditions for Native Hawaiian Homesteaders. 25 UH L. Rev. 85.

Ke Ala Pono--The Path of Justice: The Moon Court's Native Hawaiian Rights Decisions. 33 UH L. Rev. 447 (2011).

Where Justice Flows Like Water: The Moon Court's Role in Illuminating Hawai`i Water Law. 33 UH L. Rev. 537 (2011).

A Modest Proposal for Determining Class Member Damages: Aggregation and Extrapolation in the Kalima v. State Breach of Homelands Trust Class Action. 34 UH L. Rev. 1 (2012).

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

 

Claims under Act arise exclusively under state law; hence, Eleventh Amendment bars federal court from deciding claims against state officials based solely on this Act. 45 F.3d 333.

Appellant who claimed article XII's (of the state constitution) implementation of this Act violated the Fourteenth Amendment because government benefits, leases to public lands, are available only to native Hawaiians, lacked standing. 342 F.3d 934.

Lessee defendants' motion to dismiss granted, where plaintiffs claimed native Hawaiian lessee defendants violated this Act, as well as plaintiffs' rights under 42 U.S.C. 1983 by subleasing Hawaiian home lands to non-native Hawaiians. 824 F. Supp. 1480.

To the extent plaintiffs sought redress for violations of the Hawaii constitution or this Act, the Eleventh Amendment barred the state law claims; thus, state defendants' motion for summary judgment granted on all state law claims against state officials brought in their official capacities; state defendants sued in personal capacities were entitled to qualified immunity. 824 F. Supp. 1480.

Association that included native Hawaiian beneficiaries asserted viable claim under 42 U.S.C. 1983 alleging breach of trust duties by appellees under this Act via Admission Act. 78 H. 192, 891 P.2d 279.

Act is part of Hawai`i constitution and does not constitute federal law; thus, federal preemption principles did not apply to case where there was no relevant federal law at issue and conflict between Act and state statute was matter of state constitutional law. 87 H. 91, 952 P.2d 379.

Chapter 343 does not conflict with this Act, has only incidental impact on Hawaiian home lands, and is not inconsistent with interests of the beneficiaries; thus, chapter applies to Hawaiian home lands. 87 H. 91, 952 P.2d 379.

For Hawaiian home lands, the department of Hawaiian home lands is the accepting authority for applicant proposals under 343-5(c); because the governor is not involved, there is no conflict with this Act. 87 H. 91, 952 P.2d 379.

Where taxpayers failed to allege an injury-in-fact with regard to the Hawaiian homes commission act's native Hawaiian ancestry qualification for homestead leases, they did not have standing to challenge the constitutionality of the tax exemptions for homestead lessees or the Hawaiian homes commission act generally. 128 H. 89, 283 P.3d 695 (2011).

 

 

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