Report Title:

OHA; Interim Revenue


Sets interim revenue for OHA for each of fiscal years 2002-2003 and 2003-2004 at $10,000,000.


S.B. NO.












SECTION 1. The legislature finds that the injustice and wrongfulness of historical events surrounding Hawaii remain deeply felt by Native Hawaiians, the original sovereign people of the State, as well as other members of the public. The legislature recognizes that there has always been broad support by all the people of Hawaii that the State effect a lasting reconciliation with Native Hawaiians which gives proper acknowledgment to past events, reaffirms the State’s special trust relationship with the Native Hawaiian people, and moves Hawaii forward on these issues.

The legislature further finds that throughout its history, the people of Hawaii have through public acts of legislation, constitutional enactment, and other means, made substantial progress towards permanent reconciliation and fulfillment of its trust relationship to Native Hawaiians. The constitutional creation of the office of Hawaiian affairs and the allocation of funding out of the public land trust established by section 5(f) of the Admission Act are prime examples of achievement in this area. A purpose of this Act is to renew the momentum created by these public acts, through executive and legislative action in conjunction with the people of Hawaii, toward a comprehensive, just, and lasting resolution.

The legislature finds that there are many complex issues and substantial ambiguities requiring resolution which surround the management and disposition of public trust lands and the proceeds and income therefrom relating to the state’s trust obligations to Native Hawaiians. These existing or foreseeable controversies notwithstanding, the legislature finds that the recent result of Office of Hawaiian Affairs v. State of Hawaii Civil No. 94-0205-01 compels it to give immediate effect to the purposes of article XII, section 4 and 6, of the state constitution so that it may continue to implement the State’s trust relationship to Native Hawaiians through the office of Hawaiian affairs. The legislature further recognizes and affirms the reasoning of the Hawaii supreme court that the State’s obligation to Native Hawaiians is firmly established in the state constitution, and that it is incumbent upon the legislature to enact legislation that gives effect to the right of Native Hawaiians to benefit from the ceded lands trust.

The legislature finds that it remains the public interest that existing ambiguities related to this matter be clarified and controversies resolved, and that legislative intent relating to its formal trust obligations to Native Hawaiians be reaffirmed. The legislature further considers it imperative that the office of Hawaiian affairs be immediately assured an adequate level of funding to accomplish its mission under the law. The legislature has previously addressed the issue of providing interim revenues to the office of Hawaiian affairs on a limited basis in Act 329, Regular Session of 1997.

The legislature finds that it is the public interest that there be continued efforts to resolve the relevant issues, including reinstating a funding mechanism for the office of

Hawaiian affairs, are clearly within and remain under the control of the executive and legislative branches of the state government as essentially political questions with the spirit of the Supreme Court of Hawaii’s opinion in Trustees of the Office of Hawaiian Affairs v. Yamasaki, 69 Haw. 154, 737 P.2d 446 (1987) and Office of Hawaiian Affairs v. State of Hawaii, Civil No. 94-0205-01.

The specific purpose of this Act is to address the findings above and implement the public interests stated within by providing interim measures to ensure that adequate income and proceeds from a pro rata portion of the public trust continue to be available to the office of Hawaiian affairs for the betterment of Native Hawaiians, taking such other actions as are necessary to effectuate fully the legislature’s intent.

SECTION 2. Chapter 10, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§10- Interim revenue. 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 conditions of native Hawaiians for each of fiscal year 2002-2003 and fiscal year 2003-2004 shall be $10,000,000."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $10,000,000, or so much thereof as may be necessary for fiscal year 2002-2003, and $10,000,000, or so much thereof as may be necessary for fiscal year 2003-2004 to be transferred to and expended by the office of Hawaiian affairs for the purposes of section 2 of this Act.

SECTION 4. This Act shall take effect upon its approval.



By Request