ARTICLE XII

HAWAIIAN AFFAIRS

HAWAIIAN HOMES COMMISSION ACT

Section 1. Anything in this constitution to the contrarynotwithstanding, the Hawaiian Homes Commission Act, 1920, enactedby the Congress, as the same has been or may be amended prior tothe admission of the State, is hereby adopted as a law of theState, subject to amendment or repeal by the legislature;provided that if and to the extent that the United States shallso require, such law shall be subject to amendment or repeal onlywith the consent of the United States and in no other manner;provided further that if the United States shall have beenprovided or shall provide that particular provisions or types ofprovisions of such Act may be amended in the manner required forordinary state legislation, such provisions or types ofprovisions may be so amended. The proceeds and income fromHawaiian home lands shall be used only in accordance with theterms and spirit of such Act. The legislature shall makesufficient sums available for the following purposes:

1. development of home, agriculture, farm and ranch lots;
2. home, agriculture, aquaculture, farm and ranch loans;
3. rehabilitation projects to include, but not limited to,educational, economic, political, social and cultural processesby which the general welfare and conditions of native Hawaiiansare thereby improved;
4. 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 mannerprovided by law.

Thirty percent of the state receipts derived from theleasing of cultivated sugarcane lands under any provision of lawor from water licenses shall be transferred to the nativeHawaiian rehabilitation fund, section 213 of the Hawaiian HomesCommission Act, 1920, for the purposes enumerated in thatsection. Thirty percent of the state receipts derived from theleasing of lands cultivated as sugarcane lands on the effectivedate of this section shall continue to be so transferred to thenative Hawaiian rehabilitation fund whenever such lands are sold,developed, leased, utilized, transferred, set aside or otherwisedisposed of for purposes other than the cultivation of sugarcane.There shall be no ceiling established for the aggregate amounttransferred into the native Hawaiian rehabilitation fund. [Renand am Const Con 1978 and election Nov 7, 1978]

ACCEPTANCE OF COMPACT

Section 2. The State and its people do hereby accept, as acompact with the United States, or as conditions or trustprovisions imposed by the United States, relating to themanagement and disposition of the Hawaiian home lands, therequirement that section 1 hereof be included in thisconstitution, in whole or in part, it being intended that the Actor acts of the Congress pertaining thereto shall be definitive ofthe extent and nature of such compact, conditions or trustprovisions, as the case may be. The State and its people dofurther agree and declare that the spirit of the Hawaiian HomesCommission Act looking to the continuance of the Hawaiian homesprojects for the further rehabilitation of the Hawaiian raceshall be faithfully carried out. [Ren and am Const Con 1978 andelection Nov 7, 1978]

COMPACT ADOPTION; PROCEDURES AFTER ADOPTION

Section 3. As a compact with the United States relating tothe management and disposition of the Hawaiian home lands, theHawaiian Homes Commission Act, 1920, as amended, shall be adoptedas a provision of the constitution of this State, as provided insection 7, subsection (b), of the Admission Act, subject toamendment 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 toadministration, and paragraph (2) of section 204, sections 206and 2l2 and other provisions relating to the powers and duties ofofficers other than those charged with the administration of suchAct, may be amended in the constitution, or in the mannerrequired 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 suchamendment, whether made in the constitution or in the mannerrequired for state legislation, and the encumbrances authorizedto be placed on Hawaiian home lands by officers other than thosecharged with the administration of such Act, shall not beincreased, except with the consent of the United States; (2) thatany amendment to increase the benefits to lessees of Hawaiianhome lands may be made in the constitution, or in the mannerrequired for state legislation, but the qualifications of lesseesshall not be changed except with the consent of the UnitedStates; and (3) that all proceeds and income from the "availablelands," as defined by such Act, shall be used only in carryingout the provisions of such Act. [Add 73 Stat 4 and electionJune 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 bySection 5(b) of the Admission Act and pursuant to Article XVI,Section 7, of the State Constitution, excluding therefrom landsdefined as "available lands" by Section 203 of the Hawaiian HomesCommission Act, 1920, as amended, shall be held by the State as apublic trust for native Hawaiians and the general public. [AddConst Con 1978 and election Nov 7, 1978]

OFFICE OF HAWAIIAN AFFAIRS; ESTABLISHMENT OF BOARD OF TRUSTEES

Section 5. There is hereby established an Office ofHawaiian Affairs. The Office of Hawaiian Affairs shall holdtitle to all the real and personal property now or hereafter setaside or conveyed to it which shall be held in trust for nativeHawaiians and Hawaiians. There shall be a board of trustees forthe Office of Hawaiian Affairs elected by qualified voters whoare Hawaiians, as provided by law. The board members shall beHawaiians. There shall be not less than nine members of theboard of trustees; provided that each of the following Islandshave one representative: Oahu, Kauai, Maui, Molokai and Hawaii.The board shall select a chairperson from its members. [Add ConstCon 1978 and election Nov 7, 1978]

POWERS OF BOARD OF TRUSTEES

Section 6. The board of trustees of the Office of HawaiianAffairs shall exercise power as provided by law: to manage andadminister the proceeds from the sale or other disposition of thelands, natural resources, minerals and income derived fromwhatever sources for native Hawaiians and Hawaiians, includingall income and proceeds from that pro rata portion of the trustreferred to in section 4 of this article for native Hawaiians; toformulate policy relating to affairs of native Hawaiians andHawaiians; and to exercise control over real and personalproperty set aside by state, federal or private sources andtransferred to the board for native Hawaiians and Hawaiians. Theboard shall have the power to exercise control over the Office ofHawaiian Affairs through its executive officer, the administratorof the Office of Hawaiian Affairs, who shall be appointed by theboard. [Add Const Con 1978 and election Nov 7, 1978]

TRADITIONAL AND CUSTOMARY RIGHTS

Section 7. The State reaffirms and shall protect allrights, customarily and traditionally exercised for subsistence,cultural and religious purposes and possessed by ahupua'a tenantswho are descendants of native Hawaiians who inhabited theHawaiian Islands prior to 1778, subject to the right of the Stateto regulate such rights. [Add Const Con 1978 and election Nov 7,1978]

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