Article XII — Hawaiian Affairs
Hawaiian Homes Commission Act
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. The proceeds and income from Hawaiian home lands shall be used only in accordance with the terms and spirit of such Act.
[Ren and am Const Con 1978 and election Nov 7, 1978]
Acceptance of Compact
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.
[Ren and am Const Con 1978 and election Nov 7, 1978]
Compact Adoption; Procedures After Adoption
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.
[Add 73 Stat 4 and election June 27, 1959; ren and am Const Con 1978 and election Nov 7, 1978]
Public Trust
The lands granted to the State of Hawaii by Section 5(b) of the Admission Act, 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
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.
[Add Const Con 1978 and election Nov 7, 1978]
Powers of Board of Trustees
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.
[Add Const Con 1978 and election Nov 7, 1978]
Traditional and Customary Rights
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]