HOUSE OF REPRESENTATIVES             H.R. NO.61            
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     HOUSE  RESOLUTION

  REQUESTING AN INVESTIGATION ON THE FULFILLMENT OF STATE
    OBLIGATIONS WITH RESPECT TO PUBLIC TRUST LANDS UNDER
    SECTION 5 OF THE ADMISSION ACT.



 1        WHEREAS, the Admission Act of 1959 granted certain lands
 2   to the State of Hawaii under section 5(b) and in section 5(f)
 3   provided that the lands granted to the State under section 5(b)
 4   and public lands retained by the United States under section
 5   5(c) and (d) and later conveyed to the State under section 5(c)
 6   shall be held as public trust for the betterment of native
 7   Hawaiians and for other trust purposes; and
 8        
 9        WHEREAS, Section 5(f) of the Act also provides that the
10   use of any of the lands, proceeds, and income encompassed by
11   the trust for purposes other than those provided for by the Act
12   constitutes a breach of trust for which the United States may
13   bring suit; and
14        
15        WHEREAS, the First State Legislature created, through Act
16   32, a public land trust fund to which was appropriated all
17   funds from the sale, lease, or other disposition of public
18   lands under Section 5(f) of the Admission Act; and
19   
20        WHEREAS, it is the practice of the State of Hawaii to
21   appropriate the moneys in the public land trust fund as a
22   reimbursement to the general fund for appropriations made to
23   the Department of Education; and
24   
25        WHEREAS, although the support of the public schools and
26   other public educational institutions is one of the purposes of
27   section 5(f) of the Admission Act, section 5(f) also requires
28   that the trust moneys be expended "in such manner as the
29   constitution and laws" of the State of Hawaii may provide; and
30   
31        WHEREAS, Article XII, Section 4, of the State Constitution
32   requires that lands granted under section 5(b) of the Admission
33   Act, which are included within section 5(f), be held by the
34   State as a public trust for native Hawaiians and the general
35   public; and

 
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 1   
 2        WHEREAS,  Article X, Section 5, of the State Constitution
 3   also requires that public lands "be used for the development of
 4   farm and home ownership on as widespread a basis as possible";
 5   and
 6   
 7        WHEREAS, a financial audit of the Department of Land and
 8   Natural Resources conducted by the Legislative Auditor and
 9   published in January 1979, concluded that revenues derived from
10   public lands were not being deposited into the proper fund
11   accounts, and "ceded lands" or section 5(f) lands were included
12   in the public lands involved; and
13   
14        WHEREAS, a Final Audit Report on the Hawaiian Homes
15   Commission, Office of the Secretary (No. 92-I-641), March,
16   1992, stated that the successful implementation of the Hawaiian
17   Homes Commission Act had not been accomplished; and
18   
19        WHEREAS, Appendix 2, page 14 of 29, Timothy W. Glidden,
20   Counselor to the Secretary and Secretary's designated Officer
21   Hawaiian Homes Commission Act, which is included in the Final
22   Audit Report, Note (3), stated, "In light of the
23   responsibilities lodged with the United States under the HHCA
24   and the Hawaii Admissions Act, the United States should
25   undertake to: (a) be aware of the manner in which the State
26   manages or disposes of the lands that constitute the trust
27   under 5(f); (b) satisfy itself that the State is not abusing
28   its responsibilities as trustee; and (c) if the State is
29   failing to discharge properly its responsibility under Section
30   5(f), then to institute proceedings against it for breach of
31   trust"; now, therefore,
32   
33        BE IT RESOLVED by the House of Representatives of the
34   Twentieth Legislature of the State of Hawaii, Regular Session
35   of 1999, that the Attorney General of the United States is
36   requested to conduct an investigation into whether the State of
37   Hawaii is fulfilling its trust obligations under section 5(f)
38   of the Admission Act; and whether any actions of the State
39   constitute a breach of trust under which suit should be brought
40   by the United States; and
41   
42        BE IT RESOLVED that certified copies of this Resolution be

 
 
 
 
 
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                                  H.R. NO.61            
                                                        
                                                        

 
 1   transmitted to the Attorney General of the United States, the
 2   U.S. Attorney for the District of Hawaii, the State Attorney
 3   General, and the Chairperson of the Board of Land and Natural
 4   Resources.
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 8                         OFFERED BY:  ____________________________