THE CONSTITUTION OF THE STATE OF HAWAII
ARTICLE XII - HawaiiAN AFFAIRS
INDEX TO THE CONSTITUTION OF THE STATE OF HAWAII
section titles
preamble
article I
article II
article III
article IV
article V
article VI
article VII
article VIII
article IX
article X
article XI
article XII
article XIII
article XIV
article XV
article XVI
article XVII
article XVIII
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THE CONSTITUTION OF THE STATE OF HAWAII
As Amended and in Force January 1, 2000
ARTICLE XII
HAWAIIAN AFFAIRS
HAWAIIAN HOMES COMMISSION ACT
Section 1. Anything in this constitution to the contrary
notwithstanding, the Hawaiian Homes Commission Act, 1920, enacted
by the Congress, as the same has been or may be amended prior to
the admission of the State, is hereby adopted as a law of the
State, subject to amendment or repeal by the legislature;
provided that if and to the extent that the United States shall
so require, such law shall be subject to amendment or repeal only
with the consent of the United States and in no other manner;
provided further that if the United States shall have been
provided or shall provide that particular provisions or types of
provisions of such Act may be amended in the manner required for
ordinary state legislation, such provisions or types of
provisions may be so amended. The proceeds and income from
Hawaiian home lands shall be used only in accordance with the
terms and spirit of such Act. The legislature shall make
sufficient sums available for the following purposes:
- development of home, agriculture, farm and ranch lots;
- home, agriculture, aquaculture, farm and ranch loans;
- rehabilitation projects to include, but not limited to,
educational, economic, political, social and cultural processes
by which the general welfare and conditions of native Hawaiians
are thereby improved;
- the administration and operating budget of the department of
Hawaiian home lands; in furtherance of (1), (2), (3) and (4) herein, by
appropriating the same in the manner
provided by law.
Thirty percent of the state receipts derived from the
leasing of cultivated sugarcane lands under any provision of law
or from water licenses shall be transferred to the native
Hawaiian rehabilitation fund, section 213 of the Hawaiian Homes
Commission Act, 1920, for the purposes enumerated in that
section. Thirty percent of the state receipts derived from the
leasing of lands cultivated as sugarcane lands on the effective
date of this section shall continue to be so transferred to the
native Hawaiian rehabilitation fund whenever such lands are sold,
developed, leased, utilized, transferred, set aside or otherwise
disposed of for purposes other than the cultivation of sugarcane.
There shall be no ceiling established for the aggregate amount
transferred into the native Hawaiian rehabilitation fund. [Ren
and am Const Con 1978 and election Nov 7, 1978]
ACCEPTANCE OF COMPACT
Section 2. The State and its people do hereby accept, as a
compact with the United States, or as conditions or trust
provisions imposed by the United States, relating to the
management and disposition of the Hawaiian home lands, the
requirement that section 1 hereof be included in this
constitution, in whole or in part, it being intended that the Act
or acts of the Congress pertaining thereto shall be definitive of
the extent and nature of such compact, conditions or trust
provisions, as the case may be. The State and its people do
further agree and declare that the spirit of the Hawaiian Homes
Commission Act looking to the continuance of the Hawaiian homes
projects for the further rehabilitation of the Hawaiian race
shall be faithfully carried out. [Ren and am Const Con 1978 and
election Nov 7, 1978]
COMPACT ADOPTION; PROCEDURES AFTER ADOPTION
Section 3. As a compact with the United States relating to
the management and disposition of the Hawaiian home lands, the
Hawaiian Homes Commission Act, 1920, as amended, shall be adopted
as a provision of the constitution of this State, as provided in
section 7, subsection (b), of the Admission Act, subject to
amendment or repeal only with the consent of the United States,
and in no other manner; provided that (1) sections 202, 213, 219,
220, 222, 224 and 225 and other provisions relating to
administration, and paragraph (2) of section 204, sections 206
and 2l2 and other provisions relating to the powers and duties of
officers other than those charged with the administration of such
Act, may be amended in the constitution, or in the manner
required for state legislation, but the Hawaiian home-loan fund,
the Hawaiian home-operating fund and the Hawaiian home-
development fund shall not be reduced or impaired by any such
amendment, whether made in the constitution or in the manner
required for state legislation, and the encumbrances authorized
to be placed on Hawaiian home lands by officers other than those
charged with the administration of such Act, shall not be
increased, except with the consent of the United States; (2) that
any amendment to increase the benefits to lessees of Hawaiian
home lands may be made in the constitution, or in the manner
required for state legislation, but the qualifications of lessees
shall not be changed except with the consent of the United
States; and (3) that all proceeds and income from the "available
lands," as defined by such Act, shall be used only in carrying
out the provisions of such Act. [Add 73 Stat 4 and election
June 27, 1959; ren and am Const Con 1978 and election Nov 7,
1978]
PUBLIC TRUST
Section 4. The lands granted to the State of Hawaii by
Section 5(b) of the Admission Act and pursuant to Article XVI,
Section 7, of the State Constitution, excluding therefrom lands
defined as "available lands" by Section 203 of the Hawaiian Homes
Commission Act, 1920, as amended, shall be held by the State as a
public trust for native Hawaiians and the general public. [Add
Const Con 1978 and election Nov 7, 1978]
OFFICE OF HAWAIIAN AFFAIRS; ESTABLISHMENT OF BOARD OF TRUSTEES
Section 5. There is hereby established an Office of
Hawaiian Affairs. The Office of Hawaiian Affairs shall hold
title to all the real and personal property now or hereafter set
aside or conveyed to it which shall be held in trust for native
Hawaiians and Hawaiians. There shall be a board of trustees for
the Office of Hawaiian Affairs elected by qualified voters who
are Hawaiians, as provided by law. The board members shall be
Hawaiians. There shall be not less than nine members of the
board of trustees; provided that each of the following Islands
have one representative: Oahu, Kauai, Maui, Molokai and Hawaii.
The board shall select a chairperson from its members. [Add Const
Con 1978 and election Nov 7, 1978]
POWERS OF BOARD OF TRUSTEES
Section 6. The board of trustees of the Office of Hawaiian
Affairs shall exercise power as provided by law: to manage and
administer the proceeds from the sale or other disposition of the
lands, natural resources, minerals and income derived from
whatever sources for native Hawaiians and Hawaiians, including
all income and proceeds from that pro rata portion of the trust
referred to in section 4 of this article for native Hawaiians; to
formulate policy relating to affairs of native Hawaiians and
Hawaiians; and to exercise control over real and personal
property set aside by state, federal or private sources and
transferred to the board for native Hawaiians and Hawaiians. The
board shall have the power to exercise control over the Office of
Hawaiian Affairs through its executive officer, the administrator
of the Office of Hawaiian Affairs, who shall be appointed by the
board. [Add Const Con 1978 and election Nov 7, 1978]
TRADITIONAL AND CUSTOMARY RIGHTS
Section 7. The State reaffirms and shall protect all
rights, customarily and traditionally exercised for subsistence,
cultural and religious purposes and possessed by ahupua'a tenants
who are descendants of native Hawaiians who inhabited the
Hawaiian Islands prior to 1778, subject to the right of the State
to regulate such rights. [Add Const Con 1978 and election Nov 7,
1978]
