H. · IIntil 111l' totHI of "L1 ('11

,_~_..ao •• J.... .• ~ • •• ~ ......... ·_ ............. ·,.;;{hJr· A· ,~ .... t.t::..~ ..w .A.), '~"''''''''..::.:

1ST SEBSroN 9hH CONGRESS H. R. 1944

IN THE HOUSE OF REPRES]DN'rA'l'IVES

.J .\~ UAnY 23, U)7:)

Mr. ~L\TS lJN.\(l ,\ (fo r hilllseJ[ "",I ~ Irs. ,\II ~ " ) illlro<"",c" 'he followill g I'ill; whidl wa :-; J't'rl ~ rrnd to the C Ollllllilt <,t' Oil IIlII'rio!" :11111 Jllsll lut· Ali'ain;

A BILl. To provid(, for 11,(, st'lll('III( '1I 1 "I' I,islo ri,' ..! aili is " f 11 11' ll all'niiall

Nali\'cs, :lIld for 01111'1' 1)lI rjlose:i .

1 JJc it ('IlIIell'd by Ilu; 8 " I/I(! (; llli d {[UIISC 0/ ]( 1'11/,1:8('11.11(-

2 tiIJ/!s 0/ the U llitcd S tale" of "1merim 'i/l. (/oJlgrcss (/ ssmnblr:d,

1 i-i( 'll lellll'lI t J\(·I.".

7 (a) il is 1I(,,'pssary iI,al a f:lir alill jll st SCIt.iClllellt

H IIOW 1)(.' 1I!:lde (If :"1 ..!a ili is I)), Nal iu's :llId Nalil'C groups

]0 rnllldlll('III, :11111 fon'd,d :I <:I s of ag'eli is or Ihe li ll il('"

11 Slates, by ",hid, nC'i s Ih " J:t wfll l alill sovere'g ll gOI'l' rtl-

1-0

"

,_~_..ao •• J.... .• ~ • •• ~ ......... ·_ ............. ·,.;;{hJr· A· ,~ .... t.t::..~ ..w .A.), '~"''''''''..::.:

1ST SEBSroN 9hH CONGRESS H. R. 1944

IN THE HOUSE OF REPRES]DN'rA'l'IVES

.J .\~ UAnY 23, U)7:)

Mr. ~L\TS lJN.\(l ,\ (fo r hilllseJ[ "",I ~ Irs. ,\II ~ " ) illlro<"",c" 'he followill g I'ill; whidl wa :-; J't'rl ~ rrnd to the C Ollllllilt <,t' Oil IIlII'rio!" :11111 Jllsll lut· Ali'ain;

A BILl. To provid(, for 11,(, st'lll('III( '1I 1 "I' I,islo ri,' ..! aili is " f 11 11' ll all'niiall

Nali\'cs, :lIld for 01111'1' 1)lI rjlose:i .

1 JJc it ('IlIIell'd by Ilu; 8 " I/I(! (; llli d {[UIISC 0/ ]( 1'11/,1:8('11.11(-

2 tiIJ/!s 0/ the U llitcd S tale" of "1merim 'i/l. (/oJlgrcss (/ ssmnblr:d,

1 i-i( 'll lellll'lI t J\(·I.".

7 (a) il is 1I(,,'pssary iI,al a f:lir alill jll st SCIt.iClllellt

H IIOW 1)(.' 1I!:lde (If :"1 ..!a ili is I)), Nal iu's :llId Nalil'C groups

]0 rnllldlll('III, :11111 fon'd,d :I <:I s of ag'eli is or Ihe li ll il('"

11 Slates, by ",hid, nC'i s Ih " J:t wfll l alill sovere'g ll gOI'l' rtl-

1-0

"

University of Hawaii School of Law Library - Jon Van Dyke Archives Collection

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II1l'nt of till' }\i ngd ol ll "I' ][n.lyn ii IIWi (Iq~ l't hro ll · ll,

Ibl\'niin ll Nnti,'cs, lI' ith lllnXI111lnll pnl'ticipntiofl Ity

JIaW<l iiall N:Jiin's in dc('i , iollS nll'eding tll('ir rights nnd

property, nllt! I\'ithout cl'l'atillg a wardship 01' tl'lI stce- J t , hip O il Ihe !Inri of the 1Jnit('d :-\Int('s (lOycrlIlll clll ; llncl ,_

(c) nil e1n illl :i agnill sl the U llited Sl:iI;es, th e State of

ni2:I'lIis, agl'lI(' ie,.; , or ill qrtlllll'lIl :di lirs of III(' 1J1I it r d 81:ltr,

litl (~ , n,.; (', or IJI'I' II[1nll1',I" "f 1:llld or II'nll'1' nrc"l "; in H al\' nii,

or that an~ b:l, ('d (Ill nlly slalli k or tl' l':ily of Ih t: Ullilt,t!

Shill'3 J'l'latillg to fl l1f1l'xali on of H:l\l'nii Ity the !Tnilec]

f\tn[ps, 01' tllnl :11'( : l>:l sl'i1 Oil Ihe la\\'s fir :Illy olhl'r nn lin ll,

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II1l'nt of till' }\i ngd ol ll "I' ][n.lyn ii IIWi (Iq~ l't hro ll · ll,

Ibl\'niin ll Nnti,'cs, lI' ith lllnXI111lnll pnl'ticipntiofl Ity

JIaW<l iiall N:Jiin's in dc('i , iollS nll'eding tll('ir rights nnd

property, nllt! I\'ithout cl'l'atillg a wardship 01' tl'lI stce- J t , hip O il Ihe !Inri of the 1Jnit('d :-\Int('s (lOycrlIlll clll ; llncl ,_

(c) nil e1n illl :i agnill sl the U llited Sl:iI;es, th e State of

ni2:I'lIis, agl'lI(' ie,.; , or ill qrtlllll'lIl :di lirs of III(' 1J1I it r d 81:ltr,

litl (~ , n,.; (', or IJI'I' II[1nll1',I" "f 1:llld or II'nll'1' nrc"l "; in H al\' nii,

or that an~ b:l, ('d (Ill nlly slalli k or tl' l':ily of Ih t: Ullilt,t!

Shill'3 J'l'latillg to fl l1f1l'xali on of H:l\l'nii Ity the !Tnilec]

f\tn[ps, 01' tllnl :11'( : l>:l sl'i1 Oil Ihe la\\'s fir :Illy olhl'r nn lin ll,


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including nlly such chi ms Ihn t nre pending before nny

~'e cleral or Slate tri lJllnnl, HI'(' herehy extingui shed.

))1<;io' l N 1'!'ION!:l

SEC, :}. i\ s used JII 111 is Ad. the terrn-

(a) ' ']I n\\'a ii nl! l'ialir(''' JII('aJI~ a (' itizPII of th e

(I) ) "Jl a\\,;l iinl l hlnllels" H I I " 1tI Ihl' krrilo ry 1I 0 \\'

inr:l ll d!'d il l III( ' Niall' of Ifawnii ;

terior ' ,

(d) "Minor" J'II r'an ~ a prr;;1I 1I 111111 (' 1' Ihe age of

(e ) "the co rpo rnt iull " 111(' ;111 5 !ll (' Ha\\'lIiiali N'n tive

Corl'or:ltioll c;; lahli"hc(1 hy section (j of thi ;; Act;

(1') "AJ,OH.\" 111('a ll ~ Ihe A.L.O.1[.:\. i\;;so('ia-

( ) " ., g p( ' r ~ () ll

('lI lilv : :1l1e1 .' .

Ih rj', :1 l1 e1 il. alll1 hi" Iler,;, Ihei r, anti il s.

JI ,\ \I'AlfAN NA'I'T\'E ROLl ,

SEC. 4. The S!'cr!'lliry shnll prrpare a roll of Ha waiian

Nnlil'l's \\' ililill 111'0 y (,'lI'S of !l Ie date of Ihis Ad and ;;hnll

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including nlly such chi ms Ihn t nre pending before nny

~'e cleral or Slate tri lJllnnl, HI'(' herehy extingui shed.

))1<;io' l N 1'!'ION!:l

SEC, :}. i\ s used JII 111 is Ad. the terrn-

(a) ' ']I n\\'a ii nl! l'ialir(''' JII('aJI~ a (' itizPII of th e

(I) ) "Jl a\\,;l iinl l hlnllels" H I I " 1tI Ihl' krrilo ry 1I 0 \\'

inr:l ll d!'d il l III( ' Niall' of Ifawnii ;

terior ' ,

(d) "Minor" J'II r'an ~ a prr;;1I 1I 111111 (' 1' Ihe age of

(e ) "the co rpo rnt iull " 111(' ;111 5 !ll (' Ha\\'lIiiali N'n tive

Corl'or:ltioll c;; lahli"hc(1 hy section (j of thi ;; Act;

(1') "AJ,OH.\" 111('a ll ~ Ihe A.L.O.1[.:\. i\;;so('ia-

( ) " ., g p( ' r ~ () ll

('lI lilv : :1l1e1 .' .

Ih rj', :1 l1 e1 il. alll1 hi" Iler,;, Ihei r, anti il s.

JI ,\ \I'AlfAN NA'I'T\'E ROLl ,

SEC. 4. The S!'cr!'lliry shnll prrpare a roll of Ha waiian

Nnlil'l's \\' ililill 111'0 y (,'lI'S of !l Ie date of Ihis Ad and ;;hnll

I i

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4

1 maintain sueh roll tliereufier hy ('Iimi llnting the naHles of

;; Nlltivcs alld willi th e nppro"'ill (Ii' Ih e board uf cl irrclors of

4 thc co rporation, of ol her JH~rs oll s l' rc\' iollsly oi llitietl ~ i1J,se-

7 til'('~ li sted Oil the rol l frrllll lillll ' 10 lillll; :11 1.1 ., II:d ! Illl i 1;('

S trallsferabl e in k r I' j"os or IIpon il c:ilh , III III(' nllsc llrl: (If n ,

!J suflicicllL genealugy to rSlaulish Ihat nil npplil'flllt for enroll

] 0 men t is 11 Hawniinn Nativc, lie may nevertheless be ell-

] l rolled, if he is gCllerally ackn ol\' ledgctl by I I:1 waiinll Natives

J~ acquainted wi th him to be n IIawai inn Native.

1:; nAWAlfAN NAT IVE FITi'll

H SEC. [i. (fI) Tht'rc is ('stnblishetl ill l.llc Trt':1 snry of thc

] ;) Uilited Rtatcs the JIfI\\'aiiflIl Nnlil'c Fllnd illio which the

]Ii followillg shall be deposited:

17 ( I) $J,OOO,OOO,OOO f!'tll1l Ill(' gt'llC'ral flilld of th e

l H 'J'reflSIlI',)', hvre" " :l lilhorize (] 10 IH' nrprnrrialrfl fl S

1 !I foll ows:

:~II (A)'SII)(l,()OO,OOO dlfring li ll' fi sc:ll yenr 1Il

~ l

q. ) (H) ,SIIl(i,OOO,O(lO (luri llg: e;rch of the Il f" !.

.). ) -"

," . , ' t (2) JIII( ,rnst. nt tll c r:l te of;) pvr r:e lilfl fll per anllflffl ,

~;) hereby tlnlilorizr.d to he "Pl'rllprialr-ti, on any nrnollflt

"

4

1 maintain sueh roll tliereufier hy ('Iimi llnting the naHles of

;; Nlltivcs alld willi th e nppro"'ill (Ii' Ih e board uf cl irrclors of

4 thc co rporation, of ol her JH~rs oll s l' rc\' iollsly oi llitietl ~ i1J,se-

7 til'('~ li sted Oil the rol l frrllll lillll ' 10 lillll; :11 1.1 ., II:d ! Illl i 1;('

S trallsferabl e in k r I' j"os or IIpon il c:ilh , III III(' nllsc llrl: (If n ,

!J suflicicllL genealugy to rSlaulish Ihat nil npplil'flllt for enroll

] 0 men t is 11 Hawniinn Nativc, lie may nevertheless be ell-

] l rolled, if he is gCllerally ackn ol\' ledgctl by I I:1 waiinll Natives

J~ acquainted wi th him to be n IIawai inn Native.

1:; nAWAlfAN NAT IVE FITi'll

H SEC. [i. (fI) Tht'rc is ('stnblishetl ill l.llc Trt':1 snry of thc

] ;) Uilited Rtatcs the JIfI\\'aiiflIl Nnlil'c Fllnd illio which the

]Ii followillg shall be deposited:

17 ( I) $J,OOO,OOO,OOO f!'tll1l Ill(' gt'llC'ral flilld of th e

l H 'J'reflSIlI',)', hvre" " :l lilhorize (] 10 IH' nrprnrrialrfl fl S

1 !I foll ows:

:~II (A)'SII)(l,()OO,OOO dlfring li ll' fi sc:ll yenr 1Il

~ l

q. ) (H) ,SIIl(i,OOO,O(lO (luri llg: e;rch of the Il f" !.

.). ) -"

," . , ' t (2) JIII( ,rnst. nt tll c r:l te of;) pvr r:e lilfl fll per anllflffl ,

~;) hereby tlnlilorizr.d to he "Pl'rllprialr-ti, on any nrnollflt


1

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ull Lhorizeu to he Hpprol'ri.lI,cll IIlI dc r ~cct i()11 ::; (a ) (I.)

of tLis Act that is not urp, )sitcu ill the fil lill withiu six

Illoll ths after tLe cud of the li:,cal year in which due.

(b) Such fnnd sl"d l he n trll st fl llld arlll IW)II CY on fl e-

posit therein sh:dl carll i T\terc~;t; Hll lI be illv l~s leJ anu ad-

Tll illi, l.c reu by t,he ~ern · I" I ".\' ill tlf e ';) III l' 111: IIIII (' r <IS trust funds

" f In diall triL l's .

(<: ) lJpOil ('ollipid i' )11 of the orgalliza tion of thl" corpnra-

tiOIl , :l lld th e cl l' l'tio l! " I' :\ lin;)nI of dire<;to rs by the mcmhers,

10 all money ill Ih p, flilld frol ll lillll: 10 lilll t: ~h :111 I,l' 11('ld snhject

J L to, Hilli tl istriu ut('d 10 sueh cOI"[' ,> ra ti oll ill ;) l'COrdall cc wit h,

J:! the orders of the bo:ml of dil'C'ctors.

,1:3 IIAWA 11.,\ ~ )",'I'IV1'; CU HPOHA1' ION

1;:; rul e lIa lll<:d the lIawa ii ali Nnl ir e Corpora tio ll , whose prin-

1(j cipall'lac(' of 1)IISill (,SS "ha Il IJf' 10l'al (, ll ill th(, fl la te of Hawaii.

The corpor:ltillll "h.dlll !)1 h(' ;)" illslnlllll'ul :li it,y of Ihe lillil cd -. -

J!J '!\ali l't'S li"I('tI till Ih(' 11:1\\'a ii:1I 1 Na li vc roll frol ll lilli c to time.

:!O (il) Wi lhill h\' " :II ILl a 1I :l1f \ '(':l rs froll l 1.1 11' date f)f thi s

~2 the (;orpora linn to (':I (' 1i lI:III':liin ll N:l ii\'c listed 0 11 tli e 1'011

~ :~ flS of lli e dnl t: of iss ll('. 'fh (' r(,:lfl t'r, li P sllal! iss lI (, SlI t h :J (; ('1'-

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ull Lhorizeu to he Hpprol'ri.lI,cll IIlI dc r ~cct i()11 ::; (a ) (I.)

of tLis Act that is not urp, )sitcu ill the fil lill withiu six

Illoll ths after tLe cud of the li:,cal year in which due.

(b) Such fnnd sl"d l he n trll st fl llld arlll IW)II CY on fl e-

posit therein sh:dl carll i T\terc~;t; Hll lI be illv l~s leJ anu ad-

Tll illi, l.c reu by t,he ~ern · I" I ".\' ill tlf e ';) III l' 111: IIIII (' r <IS trust funds

" f In diall triL l's .

(<: ) lJpOil ('ollipid i' )11 of the orgalliza tion of thl" corpnra-

tiOIl , :l lld th e cl l' l'tio l! " I' :\ lin;)nI of dire<;to rs by the mcmhers,

10 all money ill Ih p, flilld frol ll lillll: 10 lilll t: ~h :111 I,l' 11('ld snhject

J L to, Hilli tl istriu ut('d 10 sueh cOI"[' ,> ra ti oll ill ;) l'COrdall cc wit h,

J:! the orders of the bo:ml of dil'C'ctors.

,1:3 IIAWA 11.,\ ~ )",'I'IV1'; CU HPOHA1' ION

1;:; rul e lIa lll<:d the lIawa ii ali Nnl ir e Corpora tio ll , whose prin-

1(j cipall'lac(' of 1)IISill (,SS "ha Il IJf' 10l'al (, ll ill th(, fl la te of Hawaii.

The corpor:ltillll "h.dlll !)1 h(' ;)" illslnlllll'ul :li it,y of Ihe lillil cd -. -

J!J '!\ali l't'S li"I('tI till Ih(' 11:1\\'a ii:1I 1 Na li vc roll frol ll lilli c to time.

:!O (il) Wi lhill h\' " :II ILl a 1I :l1f \ '(':l rs froll l 1.1 11' date f)f thi s

~2 the (;orpora linn to (':I (' 1i lI:III':liin ll N:l ii\'c listed 0 11 tli e 1'011

~ :~ flS of lli e dnl t: of iss ll('. 'fh (' r(,:lfl t'r, li P sllal! iss lI (, SlI t h :J (; ('1'-


(i

:2 with the Hawaii Gif t:; lo Millo r~ .\('t.

" assigned, hy poll I!T,i!l'd , ;:IlIJj l'.-i In liells or (' :\c"lIl ioll" or

(j olhr rwi se alil'llall'(l. 1'1'011 li lt' d('" l1lof:t 1II1 'll ti )!'r, hi , ('1'1'-

7 t,ifieate shall ]'l\ "<l IH'l.' letl , IJut ::lI y bellefit,; ;]l:l'I'lIl'd tu li lt

8 timc of hi s dcnl h sha ll Ill' ,lisl ri l'llil'd ill Iti , n<llll (' tn hi , I'!'j)-

9 )'csenlnliycs,

10 (e) The purpose's (I f tIl e (!II'liora tioll "n' 10 !'l"'l'I\' " alld

) 1 arlminister tlte j, (, lll'fi ls pnn'i,leti I.y ill i, 1\ '" fo r lite JTawaiinll

H promotive uf their ilderesb 'Illd \\'( ,II'; II'! ', lIit ellt er or Iwt

),) dircetctl to tlt e lIIakin ,~' of Illolldar,)' pror'tl~,

21 (1) to fltlo pl :llId !lJII"llcl hyla\\" pro\'idill l; for th

:l:l slrncturc "IHI 1!:,)\' \'rll:lllCe of the corpol':\ tio ll: r1'OlJirlcrl,

2~i That for a pcriod of tll"' lIty p':l rs frolll tlt e 1I 'll" of liti s

Act, sucit bylaws :llId :UJ]('lldllJ('lIls , kdl 10(' sul.jed to tit "

:l:'i approval of tlt e Secretary;

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:2 with the Hawaii Gif t:; lo Millo r~ .\('t.

" assigned, hy poll I!T,i!l'd , ;:IlIJj l'.-i In liells or (' :\c"lIl ioll" or

(j olhr rwi se alil'llall'(l. 1'1'011 li lt' d('" l1lof:t 1II1 'll ti )!'r, hi , ('1'1'-

7 t,ifieate shall ]'l\ "<l IH'l.' letl , IJut ::lI y bellefit,; ;]l:l'I'lIl'd tu li lt

8 timc of hi s dcnl h sha ll Ill' ,lisl ri l'llil'd ill Iti , n<llll (' tn hi , I'!'j)-

9 )'csenlnliycs,

10 (e) The purpose's (I f tIl e (!II'liora tioll "n' 10 !'l"'l'I\' " alld

) 1 arlminister tlte j, (, lll'fi ls pnn'i,leti I.y ill i, 1\ '" fo r lite JTawaiinll

H promotive uf their ilderesb 'Illd \\'( ,II'; II'! ', lIit ellt er or Iwt

),) dircetctl to tlt e lIIakin ,~' of Illolldar,)' pror'tl~,

21 (1) to fltlo pl :llId !lJII"llcl hyla\\" pro\'idill l; for th

:l:l slrncturc "IHI 1!:,)\' \'rll:lllCe of the corpol':\ tio ll: r1'OlJirlcrl,

2~i That for a pcriod of tll"' lIty p':l rs frolll tlt e 1I 'll" of liti s

Act, sucit bylaws :llId :UJ]('lldllJ('lIls , kdl 10(' sul.jed to tit "

:l:'i approval of tlt e Secretary;

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7

1 (2) Lo :Hlo pL a (:orpUrllI1' sl',iI , \\'l li('h sh,t1 1 Iw jlltli-

2 cia lly re('op; lIi zl'll ;

,', " (::) to sue all tl Ill' ,,11l'd ill ii , ('orpura\e "'"11(';

(j tli slriiJutiolis of Il llJ lll'.\' alill pr01l,'rty to 1IJ('1I 1\)('1'; uu t of

7 ('apiLal alld earnillgs;

8 (5) tu a('Ilui re, UII'II , IIOltl, Jllallagl', illn ,,, t, hypoth e-

f) catl', and dispuse or propl'l'ly, :1 11 <1 intercsls thercin , of

] 0 every kintI and dcs('I'iptioll, l'I'al , pcn;onal, ami mixed"

11 tangible, and ini:.lngihI0;

12 ((j) to proritlc prufl'ssional alill il'clinical a""islance

]:.; to members anti to grollps allll organiza tion.'; ill which

H members hilre suiJstantial in terl's!:;;

]5 (7) to finance ilntI l'olltllll:L progralIl s, and to aid

,Hi otLers in Jinancing anti cOII<llldillg program;, fur the

17 purposes, wilLout lillli llllion, of Ilru\'iding hOll~ing, edu-

Hl ('alion, and relil'f fruJII dislrc,," III mcmbers :ulIl lheir

.In famili es, ~\1l tl of p1'l)1I1l>lillg Ih" l'I'Il\l(lll1ir all<l so('i:d ,111-

20 vancclllenl of mCII1IH' rs and thl 'ir ralnilil'" al1ll of groups

21 anrl orgalliza tions ill which 111( '11")1'1'; han~ sld).,tal1!i lll

:!2 . t L In ,ere; s ;

2:\ (8) 1.0 ('ngagl~ gl~11l'r,il ly ill [ll'llg r:1ll1s :Il1d ;(('Iirilies

U designed to ()lIhanrc the lll'allh, \\'calth, wclfare, and

2;; ('dncation of 111('1111)('1'; IIlId illeir fanlilil's;

7

1 (2) Lo :Hlo pL a (:orpUrllI1' sl',iI , \\'l li('h sh,t1 1 Iw jlltli-

2 cia lly re('op; lIi zl'll ;

,', " (::) to sue all tl Ill' ,,11l'd ill ii , ('orpura\e "'"11(';

(j tli slriiJutiolis of Il llJ lll'.\' alill pr01l,'rty to 1IJ('1I 1\)('1'; uu t of

7 ('apiLal alld earnillgs;

8 (5) tu a('Ilui re, UII'II , IIOltl, Jllallagl', illn ,,, t, hypoth e-

f) catl', and dispuse or propl'l'ly, :1 11 <1 intercsls thercin , of

] 0 every kintI and dcs('I'iptioll, l'I'al , pcn;onal, ami mixed"

11 tangible, and ini:.lngihI0;

12 ((j) to proritlc prufl'ssional alill il'clinical a""islance

]:.; to members anti to grollps allll organiza tion.'; ill which

H members hilre suiJstantial in terl's!:;;

]5 (7) to finance ilntI l'olltllll:L progralIl s, and to aid

,Hi otLers in Jinancing anti cOII<llldillg program;, fur the

17 purposes, wilLout lillli llllion, of Ilru\'iding hOll~ing, edu-

Hl ('alion, and relil'f fruJII dislrc,," III mcmbers :ulIl lheir

.In famili es, ~\1l tl of p1'l)1I1l>lillg Ih" l'I'Il\l(lll1ir all<l so('i:d ,111-

20 vancclllenl of mCII1IH' rs and thl 'ir ralnilil'" al1ll of groups

21 anrl orgalliza tions ill which 111( '11")1'1'; han~ sld).,tal1!i lll

:!2 . t L In ,ere; s ;

2:\ (8) 1.0 ('ngagl~ gl~11l'r,il ly ill [ll'llg r:1ll1s :Il1d ;(('Iirilies

U designed to ()lIhanrc the lll'allh, \\'calth, wclfare, and

2;; ('dncation of 111('1111)('1'; IIlId illeir fanlilil's;


1

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8

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(n) 10 IJ C dC('llled 11 ('harilalde, lax exempt., illstitu

linll for the 1'1 Irposc of receiving dO~tation s of mOlley and

property frolll ot.lwrs ;

(10) to ur d('eme,j a public illslrumentality and

body poli lic I' ti l' Ill!) Jlllrpose of <]lInlifying' IIndof ntis of

Congross flililltlriz inl!; IOH II S, ,!.(ranls ill nid, or olher

a"si slnllce 10 'jll,ilifi (' d ('lIlili('s for Ill<' p"rpIISl' (If earry-

illg OLit Y:ll'i ll ll.; proj('et,; alld progra I/i.'i , illdLlti illg, \\' ith-

ilevelopmellt;

fmlll the dnll', of Ihi ,; Act fl'o II I ille pa YlllClit of :tIlY...J!.lId

all ](Jcul , Ktnk, 'Ilid Fl'd('l'al t;I~ (' ,' ;

( I:! ) it) Iliake disirilll ililil is of mOl1ey and property

to members l'Xl'lllpt from nlly ant! all forms of lllxation

IIntil 111l' totHI of "L1 ('11 <li sli'ihlliiolls l ~ qllal s th e lllllOUlit

:tlllhoriZl'tl 10 1Jl' :lpprol'riilll'd hy sl'('(ioll 5 (a) (1) of '

Illis 1\ <:1', nl'lci' whi('h lIlClltI,('I''; sl l,dl Ill'. '; llhjecL to tax on

dislri illit iolis III ill<' SillIlI' ('~ le ll t HS \\'0111<1 th e sll<lrdlold-

like kill(L;;

(1:3) to l,e ('xrmpt for a. perio<l of twellty years

1'\'11111 Ihe ,bt(, (If Ihis Ad frtllli nlllo(' ;rl, ~I:ltc, and l"ed-

('1',11 laws I'('!!;ubling: corporaliolls: Provided, 'rhnt the

8('crl'tn ry shnll rrfJllirc thc rorporation to include in its

<, , ,

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(n) 10 IJ C dC('llled 11 ('harilalde, lax exempt., illstitu

linll for the 1'1 Irposc of receiving dO~tation s of mOlley and

property frolll ot.lwrs ;

(10) to ur d('eme,j a public illslrumentality and

body poli lic I' ti l' Ill!) Jlllrpose of <]lInlifying' IIndof ntis of

Congross flililltlriz inl!; IOH II S, ,!.(ranls ill nid, or olher

a"si slnllce 10 'jll,ilifi (' d ('lIlili('s for Ill<' p"rpIISl' (If earry-

illg OLit Y:ll'i ll ll.; proj('et,; alld progra I/i.'i , illdLlti illg, \\' ith-

ilevelopmellt;

fmlll the dnll', of Ihi ,; Act fl'o II I ille pa YlllClit of :tIlY...J!.lId

all ](Jcul , Ktnk, 'Ilid Fl'd('l'al t;I~ (' ,' ;

( I:! ) it) Iliake disirilll ililil is of mOl1ey and property

to members l'Xl'lllpt from nlly ant! all forms of lllxation

IIntil 111l' totHI of "L1 ('11 <li sli'ihlliiolls l ~ qllal s th e lllllOUlit

:tlllhoriZl'tl 10 1Jl' :lpprol'riilll'd hy sl'('(ioll 5 (a) (1) of '

Illis 1\ <:1', nl'lci' whi('h lIlClltI,('I''; sl l,dl Ill'. '; llhjecL to tax on

dislri illit iolis III ill<' SillIlI' ('~ le ll t HS \\'0111<1 th e sll<lrdlold-

like kill(L;;

(1:3) to l,e ('xrmpt for a. perio<l of twellty years

1'\'11111 Ihe ,bt(, (If Ihis Ad frtllli nlllo(' ;rl, ~I:ltc, and l"ed-

('1',11 laws I'('!!;ubling: corporaliolls: Provided, 'rhnt the

8('crl'tn ry shnll rrfJllirc thc rorporation to include in its

<, , ,


1 bylaws SlIl' h pl'Ul'isillllS for :J lI di!." rl' ['orl,;. pruxy ~ol i l' i -,

2 lation.', uno oll ier diselo:; lIrcs and ('onlrols as he dee ms

:.l He('CSS:l ry to illfunll alill protect meHlh(·r.:;, a llO others

4 illll'rL' ~ led illlhl' ('mpomtioll: allll

(j sCI'l ioll 8 of Il lis J\ d, nil b ir nlill rcasona hl e llll['nid

8 l'tJlltral'ls with Illird perSlilIS for th e pllrposes of IHepar-

9 illg, pn'scill illg-, or ;t(h'O(,;llillg or sCf'lIrillg- II,, · ella l'lnl cnt

]0 of l egi ~;lat i u ll to s!'tlle tltc histo ric r1 ;lilllS IIf, thc H:1.-

11 wa iia n ~nti\'l' '', illclt idi lll!: . \" illlni it Ji lil itali(lli. loans anrl

1:3 :It! I': III!'l'S of 1I 101 1l ')" or olh t'l' thi ngs or ,,;ti ll(', :1 1111 fccs

l J ano expenses uf atto rn eys, and olher l'olls ltllallb.

13 yes ted in II von rd of di rc!: lor:;. Bxccpt for tb c illi tial board,

10 \\'hil'h "ha ll be !:oll,;titlltetl as 1'1'(lI'idet! ill SCt:l iOll G (II) of

17 tl lis ..:\ 1'1 , the 11111111 1( '1', k rIll S, qllalilicatioll>, ;11111 111l'ihocl of

U (I) .\ l Ih(, lill ll' he first i:<S llI's l'erl iJJr:J tl';i (If 11I1'111 br l'-

:!.[ fo l' Ih e ch'c:lio l1 of thl: illilinl IIonrd . Ally 1111 '1 1,1)1'1', ('X;'l'jJ ! :t

23 mill ar, \\'ho skill whlll it 10 Illc fkcreiary II wrilll' lI nnn lllW -

1 bylaws SlIl' h pl'Ul'isillllS for :J lI di!." rl' ['orl,;. pruxy ~ol i l' i -,

2 lation.', uno oll ier diselo:; lIrcs and ('onlrols as he dee ms

:.l He('CSS:l ry to illfunll alill protect meHlh(·r.:;, a llO others

4 illll'rL' ~ led illlhl' ('mpomtioll: allll

(j sCI'l ioll 8 of Il lis J\ d, nil b ir nlill rcasona hl e llll['nid

8 l'tJlltral'ls with Illird perSlilIS for th e pllrposes of IHepar-

9 illg, pn'scill illg-, or ;t(h'O(,;llillg or sCf'lIrillg- II,, · ella l'lnl cnt

]0 of l egi ~;lat i u ll to s!'tlle tltc histo ric r1 ;lilllS IIf, thc H:1.-

11 wa iia n ~nti\'l' '', illclt idi lll!: . \" illlni it Ji lil itali(lli. loans anrl

1:3 :It! I': III!'l'S of 1I 101 1l ')" or olh t'l' thi ngs or ,,;ti ll(', :1 1111 fccs

l J ano expenses uf atto rn eys, and olher l'olls ltllallb.

13 yes ted in II von rd of di rc!: lor:;. Bxccpt for tb c illi tial board,

10 \\'hil'h "ha ll be !:oll,;titlltetl as 1'1'(lI'idet! ill SCt:l iOll G (II) of

17 tl lis ..:\ 1'1 , the 11111111 1( '1', k rIll S, qllalilicatioll>, ;11111 111l'ihocl of

U (I) .\ l Ih(, lill ll' he first i:<S llI's l'erl iJJr:J tl';i (If 11I1'111 br l'-

:!.[ fo l' Ih e ch'c:lio l1 of thl: illilinl IIonrd . Ally 1111 '1 1,1)1'1', ('X;'l'jJ ! :t

23 mill ar, \\'ho skill whlll it 10 Illc fkcreiary II wrilll' lI nnn lllW -


: 1

to

1 lioll ~ i g llml liy 1I 0t ivss Ihnll oll e hlllid n'd ntl lti t 11I1 ' llIl lI' l's

:\ a Imllol illdudillg th e 11<11111'S of allpersolls , 0 1I 01l1 illnled,

,1 (2) olleh ballot , hnll be ~lI l'pl i ed cach 1I11'lI lber, 1':-'1;1'[,1,

[) :1 IIlillor IIIrllti)('r for wh olll 110 cusl odiall hn s bl' l'1I dl's igllnll,a

li L1llllcr thr. U,mHii Uil'ts to Millol's Act, who shall he clItitl ed

7 to SC YCII(ceH \"Utes, whiell lw IIlay dislriJ.lll p, as hc S(,I'S li t, ill

i:l whole .votes, among any onc or more of Ihe candi da les Oil

D th e ballot, not to exceed seyenleen .

]0 (il ) Oall(lidlill's shall be declared (' lcdI'd III the f"lIow-

] 1 illg onlm';

]2 (A) The calld idal e, if ally, wllO i ~ a 1'l', iliPli t "f

Ja Ih e islnlld of H:I\\'nii , who rceeives lII ore yoles t1WII allY

14 other call1lidate, if any, who arc abo residellts of tb e

1,) isl:ltitl of Hawaii.

W (B) The <.:illldidllle, if Ully, who is a residellt of

17 Maui , who I'l'eeivC-5 morc yotes Ihall allY ot hr r ralldi-

III dates, if ally, who arc <11 :;0 resideili s of Mnu i.

J !) (0) Tlte l'anditiate, if nny, who is a n'si il cll t of .-

:!() Lnllai , who rcceiycs I110re yolcs Ihall all}' olher l':l lllli-

:!l dales, if ally, wh o nrc also rrsidell l,; of I ;nllai ,

~~ (n) Thc <.:!I mlitlatr., if ally, ,,'110 is It rcsillr'nt (I f

~: ~ ~ Io l ok a i , who rPI'eiYI" ; more ,'OII'S 111:111 nllY (11 111 '1' (':111 -

:!-! dillales, if 11 11 )" wl lo arc nj,o rt' ;; idt'lll s II I' .'.fol likni.

" --,) (E) 'rite t Hntlidal c, if any, ",Ito IS a f'(· ., idl·l! l of

: 1

to

1 lioll ~ i g llml liy 1I 0t ivss Ihnll oll e hlllid n'd ntl lti t 11I1 ' llIl lI' l's

:\ a Imllol illdudillg th e 11<11111'S of allpersolls , 0 1I 01l1 illnled,

,1 (2) olleh ballot , hnll be ~lI l'pl i ed cach 1I11'lI lber, 1':-'1;1'[,1,

[) :1 IIlillor IIIrllti)('r for wh olll 110 cusl odiall hn s bl' l'1I dl's igllnll,a

li L1llllcr thr. U,mHii Uil'ts to Millol's Act, who shall he clItitl ed

7 to SC YCII(ceH \"Utes, whiell lw IIlay dislriJ.lll p, as hc S(,I'S li t, ill

i:l whole .votes, among any onc or more of Ihe candi da les Oil

D th e ballot, not to exceed seyenleen .

]0 (il ) Oall(lidlill's shall be declared (' lcdI'd III the f"lIow-

] 1 illg onlm';

]2 (A) The calld idal e, if ally, wllO i ~ a 1'l', iliPli t "f

Ja Ih e islnlld of H:I\\'nii , who rceeives lII ore yoles t1WII allY

14 other call1lidate, if any, who arc abo residellts of tb e

1,) isl:ltitl of Hawaii.

W (B) The <.:illldidllle, if Ully, who is a residellt of

17 Maui , who I'l'eeivC-5 morc yotes Ihall allY ot hr r ralldi-

III dates, if ally, who arc <11 :;0 resideili s of Mnu i.

J !) (0) Tlte l'anditiate, if nny, who is a n'si il cll t of .-

:!() Lnllai , who rcceiycs I110re yolcs Ihall all}' olher l':l lllli-

:!l dales, if ally, wh o nrc also rrsidell l,; of I ;nllai ,

~~ (n) Thc <.:!I mlitlatr., if ally, ,,'110 is It rcsillr'nt (I f

~: ~ ~ Io l ok a i , who rPI'eiYI" ; more ,'OII'S 111:111 nllY (11 111 '1' (':111 -

:!-! dillales, if 11 11 )" wl lo arc nj,o rt' ;; idt'lll s II I' .'.fol likni.

" --,) (E) 'rite t Hntlidal c, if any, ",Ito IS a f'(· ., idl·l! l of


:.!

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I I

()ahll , wlit) n" TI\"(' , 11 1111' (\ vo l( ', 11 1: 111 all\ ' 11 11 1<'1' (':!llIl i -

J(all ai , wlil) n'('(' i\'(',; !lI lll'e \'uks II!: ill ' III}' ol ll ('\' ('a lldi-

dates, ii any, \\'1 10 aI'! ' :d ~ () l'l'si d"III !' (,f I\alln i ,

(U) 'rite calldidal (', if :III)" 11'1 10 is 11111 a n 'sid" lIl

of ti l() ;-:)[ al () of H awaii , wlt o j'('('ei\'es lIJO I'() voit',; tl lall

allY olhel' (,:Indidal es, if :IIIY, wIJo :In' al !'o 1I0 t. n 'sid('nls

of IL e State of Huwnii,

(H) The rl'lIlaillillg eallditlatcs !'(' (;('I\ 'l lig Ill e 1I1 11S !.

Yotes, without regard to residen('(', ill 1I111lJiJl' r 1II'('(' S,:lr)"

wi t.h those eleded pursuant to p a l'agrapll :i (A) Iltrollglt

(G) I1UOye, 1.0 e'lllal se \'(' UII'l'II.

(i) The members of th n inili al Loa nl sk,J1 S"ITe for a

term of OIiC year ;JiId \IIi1il 1III'ir SU('('c!'sors nrc ('Icd d :111(1

lJ uali fi ed.

(j ) (I ) 'rit e illi ti,d 1,11,11'(1 !' lta ll 1'1'(' 1':! l'e al1l1 adopt hy-

( :\ ) tl ('sigll:ltc nil ofli(;c ali t! ag('nt flf lite ('0I'JH1 r;l -

(H) pro I' i<l (~ for III I' (l,)Jllpositilln alld (:Iot 'lion of

til( : boan1 of din'c: lors SlI i'Sl!!] IH>1I 1 to Ill c ill ilin ll JOn n1 ; nn,l

(e ) designate aud prcseribc th e dnties of the offi-

, .

:.!

" oJ

.~

j

(j

7

H

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I I

()ahll , wlit) n" TI\"(' , 11 1111' (\ vo l( ', 11 1: 111 all\ ' 11 11 1<'1' (':!llIl i -

J(all ai , wlil) n'('(' i\'(',; !lI lll'e \'uks II!: ill ' III}' ol ll ('\' ('a lldi-

dates, ii any, \\'1 10 aI'! ' :d ~ () l'l'si d"III !' (,f I\alln i ,

(U) 'rite calldidal (', if :III)" 11'1 10 is 11111 a n 'sid" lIl

of ti l() ;-:)[ al () of H awaii , wlt o j'('('ei\'es lIJO I'() voit',; tl lall

allY olhel' (,:Indidal es, if :IIIY, wIJo :In' al !'o 1I0 t. n 'sid('nls

of IL e State of Huwnii,

(H) The rl'lIlaillillg eallditlatcs !'(' (;('I\ 'l lig Ill e 1I1 11S !.

Yotes, without regard to residen('(', ill 1I111lJiJl' r 1II'('(' S,:lr)"

wi t.h those eleded pursuant to p a l'agrapll :i (A) Iltrollglt

(G) I1UOye, 1.0 e'lllal se \'(' UII'l'II.

(i) The members of th n inili al Loa nl sk,J1 S"ITe for a

term of OIiC year ;JiId \IIi1il 1III'ir SU('('c!'sors nrc ('Icd d :111(1

lJ uali fi ed.

(j ) (I ) 'rit e illi ti,d 1,11,11'(1 !' lta ll 1'1'(' 1':! l'e al1l1 adopt hy-

( :\ ) tl ('sigll:ltc nil ofli(;c ali t! ag('nt flf lite ('0I'JH1 r;l -

(H) pro I' i<l (~ for III I' (l,)Jllpositilln alld (:Iot 'lion of

til( : boan1 of din'c: lors SlI i'Sl!!] IH>1I 1 to Ill c ill ilin ll JOn n1 ; nn,l

(e ) designate aud prcseribc th e dnties of the offi-

, .


.-

12

1 cefS of tile corporatioll, wlto , hall he clectc,1 by the

:; board nlld S!' rI' C al; il,; pl(,'l"lIl'!' ,

:! SURPLUS 1,1\: ' DS

-t SEC, 7. Any provi~i()11 of b\\' to Ihe CoJllt.l'1lrV notwitlt-

,J sta lld ing, Ibe J\llmiliistrator.,[ Llle GC ll crnl Pcrviccs :\UJliillis

Li tration i ~ horeby dirl'clt'tl to gi\"(~ 10 iilc corpOr:1tioll lite fi r~ t

7 '1IIIl prior right to a"quirc :Illy l:'l' tl l'ral lauds lll('ated within

::; the Statc of llaw:li i which h'l\'c he en dctrnnined by Ihc

[) aUllIinistralor, in :JI:eonbnce with lall', to I,c "slIrplll s" alld

]0 lIOt required for the nceds aud thc disclw rge of the res pons i

.11 bilities of all Fedcr:ll a,!!;cncil';, If Ihe corporalioll clcds 10

J:.l cxcn:ioc its righ t to aequire any slI rplus ]'edcral lanus, tbe

.1:3 ml111inistrutor sllall convey su('h surplus Federal lands to the

14 ('orpol':ltion 1I11~onditionally and wit/Wilt compensat ioll

15 therefor,

16 0l3LlU:.I.TIONS J.'i CI'II IIElJ BY ,\f.OllA

17 th':c. 8. (a) Within six lIWl ll!ts n[ lit(' da ll' of illi~ 1\ ct,

18 ;Iny l'crooulhnt d'lilllS tltat AJ~OlIA i~ indeiJted 10 Itilll 01 1 an

19 11TI1';],id writtl'1I cOllt racilwl uidig':iliull illl'ltI'I'l 'd II,)' .\LOH,\.

20 fo r (he jlurposes of preparing, pl'e~l' 1J ti llg , <) 1' ;lIhOC'{l tiug 0 1'

;U securing tllc enne!mcllt uf, iegisInliou to se ttl e Ih(~ histol'iu

22 clai ms of Ihe lIflwaiiall Natiycs, sll!llI proO'<,nt his elaim,

2:.1 toget.her with appropriatc (lOCUnlcntation to ALOHA anu IIJ e

24 ('orporation . In consultation with ALOHA, the corporation

.-

12

1 cefS of tile corporatioll, wlto , hall he clectc,1 by the

:; board nlld S!' rI' C al; il,; pl(,'l"lIl'!' ,

:! SURPLUS 1,1\: ' DS

-t SEC, 7. Any provi~i()11 of b\\' to Ihe CoJllt.l'1lrV notwitlt-

,J sta lld ing, Ibe J\llmiliistrator.,[ Llle GC ll crnl Pcrviccs :\UJliillis

Li tration i ~ horeby dirl'clt'tl to gi\"(~ 10 iilc corpOr:1tioll lite fi r~ t

7 '1IIIl prior right to a"quirc :Illy l:'l' tl l'ral lauds lll('ated within

::; the Statc of llaw:li i which h'l\'c he en dctrnnined by Ihc

[) aUllIinistralor, in :JI:eonbnce with lall', to I,c "slIrplll s" alld

]0 lIOt required for the nceds aud thc disclw rge of the res pons i

.11 bilities of all Fedcr:ll a,!!;cncil';, If Ihe corporalioll clcds 10

J:.l cxcn:ioc its righ t to aequire any slI rplus ]'edcral lanus, tbe

.1:3 ml111inistrutor sllall convey su('h surplus Federal lands to the

14 ('orpol':ltion 1I11~onditionally and wit/Wilt compensat ioll

15 therefor,

16 0l3LlU:.I.TIONS J.'i CI'II IIElJ BY ,\f.OllA

17 th':c. 8. (a) Within six lIWl ll!ts n[ lit(' da ll' of illi~ 1\ ct,

18 ;Iny l'crooulhnt d'lilllS tltat AJ~OlIA i~ indeiJted 10 Itilll 01 1 an

19 11TI1';],id writtl'1I cOllt racilwl uidig':iliull illl'ltI'I'l 'd II,)' .\LOH,\.

20 fo r (he jlurposes of preparing, pl'e~l' 1J ti llg , <) 1' ;lIhOC'{l tiug 0 1'

;U securing tllc enne!mcllt uf, iegisInliou to se ttl e Ih(~ histol'iu

22 clai ms of Ihe lIflwaiiall Natiycs, sll!llI proO'<,nt his elaim,

2:.1 toget.her with appropriatc (lOCUnlcntation to ALOHA anu IIJ e

24 ('orporation . In consultation with ALOHA, the corporation


, -

13

] shall review lind prepare ;1 sehcdule of all SHch claillls, lloling

~ thereon whi ch riuillls, if any, it qucstiolls or disputes, in

:3 whole or ill parI., logelher with the rea ~on ~ tl l!'rdor, wlli('iI

-l sdll:c1111!', logeliler with copics of tile claims nll d slIpportillg

G dO(; IIIIIC'lIl s slIppli ed hy (lie ela illl:1nl s, il. Sk1li ~u"llIil. 1.0 Ih l'

(j SI'crcl;II',)' witlli ll lIilll\ 1I101l lil s of Ihe date of this Act. Clnill is

7 no t qIIC!stiOll('d 01' cli ' plIl l'd by the co rporal,ion, to II'hidl th e

~ i-;ec;rel;II'Y lak c's 110 ex('cl'l ioll wil.hill oll e },t'a r frolll Illl~ dalc

!) of Ihis 1\ ct, sh;dl Ilt cr!'aft e]' ue dlle antI payal, lc I)y Illc (;01'-

.10 l'Ol':ltiOIl , In Ihe ('\,CIII. n, c corpoJ'lltion, the C;laiI1l3I1t , alld the

It ::lcl'reinry, (;anllot agJ( 'e on the 'CtllCIIJ(!111 flf a r-i ailll qlH'S-

1" "

n

I ~ till ll!'r] or di splltC'cj hy Ihc, co rporati oll , or III wlli c,h Ihe f)C' ITe

Inr'y hil S tnkl' lI ;tli cx('eption, the samc IlIn )" l1pon I.II C nppli

('nlion of ci(h l'r the eorpomlioll, (he eillilll ll llt or the F\ccretn ry,

]5

16

17

JH

1 !)

:!()

::' 1

0')

. ). J -,'

:n

ue deterl11 ined uy nruil,ration under ehapt('r 6:'8 of the

H;lII'aii Re\'is('d Statllt('s,

REPORTS 1'0 CONGRESS

SEt ', 0, DlIl'ing' a period of twell[y yrn.rs from Ihn <lai c

of li lis .\cI, lite i-)(' t; I'I ' lary shnl! prepare nnc] SlIhlll il repo rl s

anllllnlly [0 CClllgrl~ss 011 th(\ sl.1tc of the Hl1waiinll Natives

:l11d Ihr ('x('clltiLln alld ell'cets of lhis Aet. DuriJlg the sessioll

flf ('ollp;r(';;s 1I('xl ennvellcn nfter the end of such period, I,h('

, -

13

] shall review lind prepare ;1 sehcdule of all SHch claillls, lloling

~ thereon whi ch riuillls, if any, it qucstiolls or disputes, in

:3 whole or ill parI., logelher with the rea ~on ~ tl l!'rdor, wlli('iI

-l sdll:c1111!', logeliler with copics of tile claims nll d slIpportillg

G dO(; IIIIIC'lIl s slIppli ed hy (lie ela illl:1nl s, il. Sk1li ~u"llIil. 1.0 Ih l'

(j SI'crcl;II',)' witlli ll lIilll\ 1I101l lil s of Ihe date of this Act. Clnill is

7 no t qIIC!stiOll('d 01' cli ' plIl l'd by the co rporal,ion, to II'hidl th e

~ i-;ec;rel;II'Y lak c's 110 ex('cl'l ioll wil.hill oll e },t'a r frolll Illl~ dalc

!) of Ihis 1\ ct, sh;dl Ilt cr!'aft e]' ue dlle antI payal, lc I)y Illc (;01'-

.10 l'Ol':ltiOIl , In Ihe ('\,CIII. n, c corpoJ'lltion, the C;laiI1l3I1t , alld the

It ::lcl'reinry, (;anllot agJ( 'e on the 'CtllCIIJ(!111 flf a r-i ailll qlH'S-

1" "

n

I ~ till ll!'r] or di splltC'cj hy Ihc, co rporati oll , or III wlli c,h Ihe f)C' ITe

Inr'y hil S tnkl' lI ;tli cx('eption, the samc IlIn )" l1pon I.II C nppli

('nlion of ci(h l'r the eorpomlioll, (he eillilll ll llt or the F\ccretn ry,

]5

16

17

JH

1 !)

:!()

::' 1

0')

. ). J -,'

:n

ue deterl11 ined uy nruil,ration under ehapt('r 6:'8 of the

H;lII'aii Re\'is('d Statllt('s,

REPORTS 1'0 CONGRESS

SEt ', 0, DlIl'ing' a period of twell[y yrn.rs from Ihn <lai c

of li lis .\cI, lite i-)(' t; I'I ' lary shnl! prepare nnc] SlIhlll il repo rl s

anllllnlly [0 CClllgrl~ss 011 th(\ sl.1tc of the Hl1waiinll Natives

:l11d Ihr ('x('clltiLln alld ell'cets of lhis Aet. DuriJlg the sessioll

flf ('ollp;r(';;s 1I('xl ennvellcn nfter the end of such period, I,h('


"

14

1 sl1mnwry of acti011s taken IIl1 d rcsillts nehil'I'r el under thi s

2 i\ ct, toget.her with slIch rceollllflelHlalioli s to COllgrcss as he

3 elecllls nppropria teo

J API'IlOl'HIA'J'TO;o;S

:j ~EC. 10 . T II('I "l) nre all lh" ri zl'd III 111' i1]lproprinte c1 SIl( 'h

Ii Sl1 111 5 as 11 1:1,1" bo 1I('Cl'ssa ry 10 ('arry IIlI t !lIe l'rol' isiol ls nlld

SEC. 11. The ~ecretn ry is nllthorizc(110 i,slIe and plllllisl l

]0 Sileil rc 'guln tions as may he lI eress:lr}, 10 ('11 rry 011 t. thn pro-

].l l'i siOIiS and pllrpmes of this Aet.

12 ~IfSCgLLANEOUS

1J SE('. 1:!. (a) No provi sioll of tJli , A('t shnll derog:ll c

H frolll or tlilllinish any right, privilege, or ob ligll l ion of Ha-

Hi wniinll Hnli Yes :I S cilizens of Ihc United ~I, tl es , or of 1.1 1('

Hi Slate of Hawaii, or relieve, replace, or di lliin ish any ol, li

J7 gat ion of the Uni ted 81ates or of Ih e State of Hawaii to

Ji-l prolecl nnd pn>lllole thr. righl s nnd \\'('iI",lr(' of H'l\l"lii'lIl

]1) Halin's as ('ilizens of Ih e Ulli lell 81111('s or (If Hall"ai i;

(';0 (II) Nil prol' isioll (,f thi s Act sll:,jl II(' cO llslru('.] I" / I 21 cO lislilll le n jllrisdidiollal nl't to cOl lf('r j lll' i ~ (l i("/i () 11 1.0 SI H',

1101' III gran t impli eel consent. to Hawniinll Ka[iycs to ~Ite til('

l Init('(1 Siaks or lilly (If its offi cers wi t.h re;; pccl lo the ('laims

(' x lil1~lIi sIH'd by Ihe oper:lt ioll (If Ihi s Act.

\

I

I , ,

"

14

1 sl1mnwry of acti011s taken IIl1 d rcsillts nehil'I'r el under thi s

2 i\ ct, toget.her with slIch rceollllflelHlalioli s to COllgrcss as he

3 elecllls nppropria teo

J API'IlOl'HIA'J'TO;o;S

:j ~EC. 10 . T II('I "l) nre all lh" ri zl'd III 111' i1]lproprinte c1 SIl( 'h

Ii Sl1 111 5 as 11 1:1,1" bo 1I('Cl'ssa ry 10 ('arry IIlI t !lIe l'rol' isiol ls nlld

SEC. 11. The ~ecretn ry is nllthorizc(110 i,slIe and plllllisl l

]0 Sileil rc 'guln tions as may he lI eress:lr}, 10 ('11 rry 011 t. thn pro-

].l l'i siOIiS and pllrpmes of this Aet.

12 ~IfSCgLLANEOUS

1J SE('. 1:!. (a) No provi sioll of tJli , A('t shnll derog:ll c

H frolll or tlilllinish any right, privilege, or ob ligll l ion of Ha-

Hi wniinll Hnli Yes :I S cilizens of Ihc United ~I, tl es , or of 1.1 1('

Hi Slate of Hawaii, or relieve, replace, or di lliin ish any ol, li

J7 gat ion of the Uni ted 81ates or of Ih e State of Hawaii to

Ji-l prolecl nnd pn>lllole thr. righl s nnd \\'('iI",lr(' of H'l\l"lii'lIl

]1) Halin's as ('ilizens of Ih e Ulli lell 81111('s or (If Hall"ai i;

(';0 (II) Nil prol' isioll (,f thi s Act sll:,jl II(' cO llslru('.] I" / I 21 cO lislilll le n jllrisdidiollal nl't to cOl lf('r j lll' i ~ (l i("/i () 11 1.0 SI H',

1101' III gran t impli eel consent. to Hawniinll Ka[iycs to ~Ite til('

l Init('(1 Siaks or lilly (If its offi cers wi t.h re;; pccl lo the ('laims

(' x lil1~lIi sIH'd by Ihe oper:lt ioll (If Ihi s Act.

\

I

I , , University of Hawaii School of Law Library - Jon Van Dyke Archives Collection

•.

15

1 SlJPHE"IA CY ANIl SIWAIlAlll LIT¥

2 SEC. 13. In I he e\"cnt of confl ict bCl \\"(,l"1l this A cot :llld

:"l any other Aets of Congress or other laws, the provisions of

-1 this Act shlllJ cO ll trol. Jf lilly provision of thi ~ Ad is :ll ilhori-

:; t: lt ivC'ly dt:lC'rlllille'd In Ill' ilmilicl on il s f;IC'c or ns "ppli ('d,

Ii ~ Il c 'h llOl elilll!; sh,,1J not be' elrcJl1C'cl [0 illl":l lieloilc or afTeet

7 a llY ol lll'r prol"i sio lls of this A d.

.-

f I

t

~

I

•.

15

1 SlJPHE"IA CY ANIl SIWAIlAlll LIT¥

2 SEC. 13. In I he e\"cnt of confl ict bCl \\"(,l"1l this A cot :llld

:"l any other Aets of Congress or other laws, the provisions of

-1 this Act shlllJ cO ll trol. Jf lilly provision of thi ~ Ad is :ll ilhori-

:; t: lt ivC'ly dt:lC'rlllille'd In Ill' ilmilicl on il s f;IC'c or ns "ppli ('d,

Ii ~ Il c 'h llOl elilll!; sh,,1J not be' elrcJl1C'cl [0 illl":l lieloilc or afTeet

7 a llY ol lll'r prol"i sio lls of this A d.

.-

f I

t

~

I


/ /

, (

-H.R. 15666

llAWAIIAN IiATlVE CLAll·IS SETTLEl·mllT ACT

SECTIONAL ANALYSIS

Section 1. Title

The title of the legislation is the }1a~~aiian native Claims Settlement Act.

Section 2. Findings and Declarations

This section sets forth the historic basis for the claim.

Section 3. Definitions

A native Hal-laiian is defined as any person who is of lIa~7aiian or part . Hawaiian descent. Other definitions are included.

Section 4. Hal07aiian Native Roll

The Secretary of the Interior would be responsible to prepare and maintain a roll of Ha'07aiian natives. The Secretary "7ould review all applications for enrollment to determine whether sufficient evidence has been presented for a person to be considered a Hawaiian Native. In cases l07here there is a lack of sufficient direct information a person may be enrolled if he is generally acknol07ledged by other Hawaiian natives to be a lIa\o1aiian Hative.

Section 5. Hauaiian Native Fund

The Bill would establish in the Treasury of the United States a Ha~7aiian Hative Fund into l-1hich l070uld be deposited one billion dollars to be appropriated at the rate of 100 million dollars per year for 10 years. If money is late in being deposited in the fund, it would draw interest at the rate of 5% per year. ~fuen the lIal07aiian i.!ative Corporation is established, all money in the fund would be trans~erred to the Corporation.

Section 6. Hawaiian Native Corporation

The Bill would create a Hawaiian Native Corporation chartered by Congress. After the completion of the Hal07aiian llative Roll, a certificate of membership would be issued to each native Hawaiian. The certificate of membership would be cancelled upon death of the member and a new certificate would be issued to each qualified Hawaiian born thereafter.

A. Purposes of the Corporation: 1. To receive and administer the benefits of the act on behalf of all Hawaiian natives and to engage in all and any business enterprises or undertald.ngs and activities deemed beneficial to the interests of the lla\olaiian people. The corporation would have all rights, powers, and privileges of profit-making corporations engaged in business including the payment of dividends. 2. To provide professional and technical assistance to Hawaiians and to groups and organizations in t-1hich Hawaiians have a substantial interest. - .1:. ...

/ /

, (

-H.R. 15666

llAWAIIAN IiATlVE CLAll·IS SETTLEl·mllT ACT

SECTIONAL ANALYSIS

Section 1. Title

The title of the legislation is the }1a~~aiian native Claims Settlement Act.

Section 2. Findings and Declarations

This section sets forth the historic basis for the claim.

Section 3. Definitions

A native Hal-laiian is defined as any person who is of lIa~7aiian or part . Hawaiian descent. Other definitions are included.

Section 4. Hal07aiian Native Roll

The Secretary of the Interior would be responsible to prepare and maintain a roll of Ha'07aiian natives. The Secretary "7ould review all applications for enrollment to determine whether sufficient evidence has been presented for a person to be considered a Hawaiian Native. In cases l07here there is a lack of sufficient direct information a person may be enrolled if he is generally acknol07ledged by other Hawaiian natives to be a lIa\o1aiian Hative.

Section 5. Hauaiian Native Fund

The Bill would establish in the Treasury of the United States a Ha~7aiian Hative Fund into l-1hich l070uld be deposited one billion dollars to be appropriated at the rate of 100 million dollars per year for 10 years. If money is late in being deposited in the fund, it would draw interest at the rate of 5% per year. ~fuen the lIal07aiian i.!ative Corporation is established, all money in the fund would be trans~erred to the Corporation.

Section 6. Hawaiian Native Corporation

The Bill would create a Hawaiian Native Corporation chartered by Congress. After the completion of the Hal07aiian llative Roll, a certificate of membership would be issued to each native Hawaiian. The certificate of membership would be cancelled upon death of the member and a new certificate would be issued to each qualified Hawaiian born thereafter.

A. Purposes of the Corporation: 1. To receive and administer the benefits of the act on behalf of all Hawaiian natives and to engage in all and any business enterprises or undertald.ngs and activities deemed beneficial to the interests of the lla\olaiian people. The corporation would have all rights, powers, and privileges of profit-making corporations engaged in business including the payment of dividends. 2. To provide professional and technical assistance to Hawaiians and to groups and organizations in t-1hich Hawaiians have a substantial interest. - .1:. ...


) ....

3. To conduct and. finance-programs· and· assist others in financing and conducting programs such as: providing housing, education, relief from distress, and to do anything else which "ould promote the economic and social advancement of the Hat,aiian people, their families, and of groups and organizations in which Hawaiians have substantial interest 4. To engage in any programs and activities which would be good for t:he health, ttTelfare, and education of Hawaiians and their famUies.

B. Charitable Institution: The Corporation l-Tould be cOl1sidered a charitable, tax exempt institution for the purpose of receiving money and property from others.

C. Public Instrt.nnentality:· The Corporation l'lould be considered a public instrumentality and body politic (liku a local city govemment) for the purpose of qualifying for participation in Federal loans, grants-in-aid, and other assistance programs in order to carry out projects in such areas as housing, economic development, ~ld others.

D. Tax Exempt: The Corporation 't-1oc.ld be exempt for Oo1enty years from the payment of any and all State alld Federal Taxes. The Corporation c~ltld make cliatributions of money and property lihich t\l'culd be ~xemi't frC'm any and all taxes until the amount (of such distribution equals the &mount of one billion dollars, aftur ~vhich tim~ members would be subject to paying the S~lle truces as the stockholders of any other corporation l~u1d pay on dividends.

E. Exempt From Lato1S Regulat:i:1.g Gther Corporations: The Corporation ~~ould be exempt for tl1enty years from all local, state, and F~:ler31 l~~y::; regulating corporations, prov1d~;J -':hat the By-Lal1(; oh.901l contain I=rovisions for audits, reports, and othc:r disclosures t'lhich provide sufficient protecti·)n fl..·2: all per&041~ interested in the Corporation.

F. Management and Ini;:~.al Sele'.!tic,.;.l of Directors: The Corporation shall he mausged by a Board of Directors lt7hich shell !ni·cialJ.y consist of se-/enteen directors who would bo elected at large from among all shareholders except that thc::e nhall be at lenst '0110 director from each of the follcwing islands: Hawai::,. L&nai, Molokai, ~faui, Oahu, and Kau~i, There would also be one director from outside the State of Hawaii. The initial m~m!leIs of the Doard shall serve for one year and shall develop the By-Lat·]S and be responsible for setting up the other azpects of the Corporation after which election~ for directors shall be conducted in accordance with those By-Laws.

) ....

3. To conduct and. finance-programs· and· assist others in financing and conducting programs such as: providing housing, education, relief from distress, and to do anything else which "ould promote the economic and social advancement of the Hat,aiian people, their families, and of groups and organizations in which Hawaiians have substantial interest 4. To engage in any programs and activities which would be good for t:he health, ttTelfare, and education of Hawaiians and their famUies.

B. Charitable Institution: The Corporation l-Tould be cOl1sidered a charitable, tax exempt institution for the purpose of receiving money and property from others.

C. Public Instrt.nnentality:· The Corporation l'lould be considered a public instrumentality and body politic (liku a local city govemment) for the purpose of qualifying for participation in Federal loans, grants-in-aid, and other assistance programs in order to carry out projects in such areas as housing, economic development, ~ld others.

D. Tax Exempt: The Corporation 't-1oc.ld be exempt for Oo1enty years from the payment of any and all State alld Federal Taxes. The Corporation c~ltld make cliatributions of money and property lihich t\l'culd be ~xemi't frC'm any and all taxes until the amount (of such distribution equals the &mount of one billion dollars, aftur ~vhich tim~ members would be subject to paying the S~lle truces as the stockholders of any other corporation l~u1d pay on dividends.

E. Exempt From Lato1S Regulat:i:1.g Gther Corporations: The Corporation ~~ould be exempt for tl1enty years from all local, state, and F~:ler31 l~~y::; regulating corporations, prov1d~;J -':hat the By-Lal1(; oh.901l contain I=rovisions for audits, reports, and othc:r disclosures t'lhich provide sufficient protecti·)n fl..·2: all per&041~ interested in the Corporation.

F. Management and Ini;:~.al Sele'.!tic,.;.l of Directors: The Corporation shall he mausged by a Board of Directors lt7hich shell !ni·cialJ.y consist of se-/enteen directors who would bo elected at large from among all shareholders except that thc::e nhall be at lenst '0110 director from each of the follcwing islands: Hawai::,. L&nai, Molokai, ~faui, Oahu, and Kau~i, There would also be one director from outside the State of Hawaii. The initial m~m!leIs of the Doard shall serve for one year and shall develop the By-Lat·]S and be responsible for setting up the other azpects of the Corporation after which election~ for directors shall be conducted in accordance with those By-Laws.


.. 0 ,

Section 7. Surplus Lands

All Federal" Lands in Hawaii which become surplus would become the property of the Hawaiian Native Corporation.

Section 8. Attorney and Consultant Fees

Such fees would be paid as determined finally by the Secretary of the Interior.

Section 9. Reports to Congress

The Secretary woUld be required to submit annual reports on the Act and "the t.,e1fare of native Hato1aiians for 20 years from the date of enactment.

Section 10. Appropriations

Such sums as are necessary are authorized to be appropriated.

Section 11. Regulations

The Secretary is authorized to issue approp~e regulations.

Sect ion 12. 1·f1sce1laneous

This section deals "lith technical legal effects of enactment of the legislation.

Section 13. Supremacy and Separability

This is the standard clause in most bills.

Spark U. !-latsunaga June 27. 1974

.. 0 ,

Section 7. Surplus Lands

All Federal" Lands in Hawaii which become surplus would become the property of the Hawaiian Native Corporation.

Section 8. Attorney and Consultant Fees

Such fees would be paid as determined finally by the Secretary of the Interior.

Section 9. Reports to Congress

The Secretary woUld be required to submit annual reports on the Act and "the t.,e1fare of native Hato1aiians for 20 years from the date of enactment.

Section 10. Appropriations

Such sums as are necessary are authorized to be appropriated.

Section 11. Regulations

The Secretary is authorized to issue approp~e regulations.

Sect ion 12. 1·f1sce1laneous

This section deals "lith technical legal effects of enactment of the legislation.

Section 13. Supremacy and Separability

This is the standard clause in most bills.

Spark U. !-latsunaga June 27. 1974


-

A BILL

l{rt~ - H til VHJ\f'l' April II, 1075

To provide for the settlement of historic claims of the Aboriginol

Hawaiian people, and for other purposes.

Be it enacted by the Senate and House of Representatives of

th~ United States of America in Congress assemhled, That this Act

may be cited as the r~awaiian Aboriginal Claims Settlement Act."

DECLARATIONS

stC. 2. Congress finds and declares --

Ca) That in the year 1893, the United States Minister accredited

to the sovereign and independent Kingdom of lIawaii unlllwfully conspired

with a small group of non-Hawaiian resident::; of that kingdom, including

citizens of the United States, to overthrow the indigenous constitutional

government of ~awaii; that, in pursuance of such conspiracy, the Minister

and naval representatives of the United States caused armed forces of the

Uni ted States to be put ashore and deployed in Honolulu in support of

the overthrow of such indigenous constitutional government; that the

United States Minister immediately extended di.plomatic recognition to

a provisional government formed by the conspirators without the consent

of th~ people or of the lawful government of Hawaii, which provisional .

government was 5u.stained solely by the armed -forces of the United States;

-

A BILL

l{rt~ - H til VHJ\f'l' April II, 1075

To provide for the settlement of historic claims of the Aboriginol

Hawaiian people, and for other purposes.

Be it enacted by the Senate and House of Representatives of

th~ United States of America in Congress assemhled, That this Act

may be cited as the r~awaiian Aboriginal Claims Settlement Act."

DECLARATIONS

stC. 2. Congress finds and declares --

Ca) That in the year 1893, the United States Minister accredited

to the sovereign and independent Kingdom of lIawaii unlllwfully conspired

with a small group of non-Hawaiian resident::; of that kingdom, including

citizens of the United States, to overthrow the indigenous constitutional

government of ~awaii; that, in pursuance of such conspiracy, the Minister

and naval representatives of the United States caused armed forces of the

Uni ted States to be put ashore and deployed in Honolulu in support of

the overthrow of such indigenous constitutional government; that the

United States Minister immediately extended di.plomatic recognition to

a provisional government formed by the conspirators without the consent

of th~ people or of the lawful government of Hawaii, which provisional .

government was 5u.stained solely by the armed -forces of the United States;


- - 2 -

thut on December IS, 1893, in a message to Congress, President Clevelund

reported fully on these illegal actions stati.ng:

By an Act of \vnr, committed \vi th the par tic ipation of a diplomatfc representative of the United States and without authority of Congress, the Government of a feeble but friendly and confiding people has been overthrown. A substantial wrong has thus been done \vhich a due regard for our national character as well as the rights of the injured people requires we should endeavor to repair;

dOt-\e that a petiti,on for repair of these wrongs .:£:e- the Hawaiian people was

immediately p~esented to the Government of the United States by

Queen Liliuokalani, the lawful monarch of Hawaii; that on July 15,

1893, the Hawaiian Patriotic League, representing Aboriginal citizens

of that country, also petitioned for the redress of these wrongs;

that in 1898, Hawaii was annexed to the United States; that by such

annexation, ,among other things, the United States acquired ownership

of vast landholdings that had been the common property of the Hawaiian

Aboriginals prior to the unlawful overthrow of their indigenous .

government; and that more than four score years have p~ssed without

the wrongs done the Hawaiian Aboriginals being recompensed.

(b) That it is now necessary that u fair and just settlement be

made of the claims of the Hawaiian Aboriginals founded on the lawless,

fraudulent and forceful acts of agents of the United States, by which

acts the lawful indigenous and sovereign government of the Kingdom of

Hawaii was overthrown; the independence and sovereignty of the Hawaiian • were. TA~1''' .

people ~ illegally ta •• IRsted; and domi~ion over the people and

territory of Hawaii and domain over the extensive lands formerly

owned in common by the Hawaiian ~boriginals were acquired by the

- - 2 -

thut on December IS, 1893, in a message to Congress, President Clevelund

reported fully on these illegal actions stati.ng:

By an Act of \vnr, committed \vi th the par tic ipation of a diplomatfc representative of the United States and without authority of Congress, the Government of a feeble but friendly and confiding people has been overthrown. A substantial wrong has thus been done \vhich a due regard for our national character as well as the rights of the injured people requires we should endeavor to repair;

dOt-\e that a petiti,on for repair of these wrongs .:£:e- the Hawaiian people was

immediately p~esented to the Government of the United States by

Queen Liliuokalani, the lawful monarch of Hawaii; that on July 15,

1893, the Hawaiian Patriotic League, representing Aboriginal citizens

of that country, also petitioned for the redress of these wrongs;

that in 1898, Hawaii was annexed to the United States; that by such

annexation, ,among other things, the United States acquired ownership

of vast landholdings that had been the common property of the Hawaiian

Aboriginals prior to the unlawful overthrow of their indigenous .

government; and that more than four score years have p~ssed without

the wrongs done the Hawaiian Aboriginals being recompensed.

(b) That it is now necessary that u fair and just settlement be

made of the claims of the Hawaiian Aboriginals founded on the lawless,

fraudulent and forceful acts of agents of the United States, by which

acts the lawful indigenous and sovereign government of the Kingdom of

Hawaii was overthrown; the independence and sovereignty of the Hawaiian • were. TA~1''' .

people ~ illegally ta •• IRsted; and domi~ion over the people and

territory of Hawaii and domain over the extensive lands formerly

owned in common by the Hawaiian ~boriginals were acquired by the


- - 3 ~

United States, which thereby turned to its advantage the illeg~l acts

of its agents.

~) That the settlement should be accomplished rapidly, with

finality and certainty, without litigation, with maximum participa-

tion by Hawaiian Aboriginals in decisions affecting their rights and

property, without creating a wardship or trusteeship on the part of

the United States Government, and in conformity ~ith the existing

economic and social needs of the Hawaiian Aboriginals;

Cd) That all claims against the United States based (1) on the

acts of the agents and instrumentalities of the United States that

contributed to the overthrow of the indigenous government of Hawaii

and t~e taking. from the Hawaiian Aboriginals of dominion over the

people and the territory of Hawaii and of domain over their common

land holdings, and (2) on the annexation of Hawaii by the United

States, are hereby settled and extinguished; provided that nothing in

this act shall extinguish, prejudice or impair any contemporary

right~, titles, interests, or claims that al'e not based on such acts

or on the annexation of Hawaii by the United States, now possessed,

exercised, or enjoyed by any person, including, but not limited to,

rights. and claims involving title to, interests in, or possession of

'lands.

DEFINITIONS

SEC. 3. As used in this Act the term --

(a) ftHawaiian Aboriginal"" means a person possessed of the blood

of ancestors who ,were living in the Hawaiian Archipelago prior to 1778;

- - 3 ~

United States, which thereby turned to its advantage the illeg~l acts

of its agents.

~) That the settlement should be accomplished rapidly, with

finality and certainty, without litigation, with maximum participa-

tion by Hawaiian Aboriginals in decisions affecting their rights and

property, without creating a wardship or trusteeship on the part of

the United States Government, and in conformity ~ith the existing

economic and social needs of the Hawaiian Aboriginals;

Cd) That all claims against the United States based (1) on the

acts of the agents and instrumentalities of the United States that

contributed to the overthrow of the indigenous government of Hawaii

and t~e taking. from the Hawaiian Aboriginals of dominion over the

people and the territory of Hawaii and of domain over their common

land holdings, and (2) on the annexation of Hawaii by the United

States, are hereby settled and extinguished; provided that nothing in

this act shall extinguish, prejudice or impair any contemporary

right~, titles, interests, or claims that al'e not based on such acts

or on the annexation of Hawaii by the United States, now possessed,

exercised, or enjoyed by any person, including, but not limited to,

rights. and claims involving title to, interests in, or possession of

'lands.

DEFINITIONS

SEC. 3. As used in this Act the term --

(a) ftHawaiian Aboriginal"" means a person possessed of the blood

of ancestors who ,were living in the Hawaiian Archipelago prior to 1778;


- - q -

(b) "Secretary" means the Secretary of the Inter ior;

(c) "minor" means a person under the age of 18 years;

(d) "the Corporation" means the Jlu\'<'uiian }\boriginal Corporation

-established by section G of this Act;

ee) 1fALOHA1r means the A.fi.O.n.~. Association, Inc., its successors A'-c>YtA

and assigns;

(f) 1rperson,r includes an individual, firm, corporation, associa

tion, partnership, or other legal entity; and

(g) "'he nand "fJlis"J include he, she, they and it, and his, hers,

their and its.

HAWAIIAN ABORIGINAL ROLL

SEC. 4. (a) The Secretary shall prepare a roll of Hawaiian

Aboriginals within ~ __ 2 [two] years of the date of this Act and shall

maintain such roll thereafter by eliminating the names of deceased

Aboriginals and by adding the names of after born Aboriginals and,

with the approval of the board of directors of the Corporation, of

other persons. previously omitted subsequently shown to qualify. The

right to participate in the benefits of this Act shall belong to the

living Hawaiian Aboriginals listed on the roll from time to time and

shall not be transferable inter vivos or upon death. In the absence

of a sufficient genealogy to establish that an applicant for enrollment

is an Hawaiian Aboriginal, he may nevertheless be enrolled, if he is

generally recognized by Hawaiian Aboriginals acquainted with his •

background and reputation as being an Hawaiian Aboriginal. Such

recognition shall be evidenced by statements under oath substantively

satisfactory to the Secretary subscribed by not less than 10 knowledge-

able persons.

- - q -

(b) "Secretary" means the Secretary of the Inter ior;

(c) "minor" means a person under the age of 18 years;

(d) "the Corporation" means the Jlu\'<'uiian }\boriginal Corporation

-established by section G of this Act;

ee) 1fALOHA1r means the A.fi.O.n.~. Association, Inc., its successors A'-c>YtA

and assigns;

(f) 1rperson,r includes an individual, firm, corporation, associa

tion, partnership, or other legal entity; and

(g) "'he nand "fJlis"J include he, she, they and it, and his, hers,

their and its.

HAWAIIAN ABORIGINAL ROLL

SEC. 4. (a) The Secretary shall prepare a roll of Hawaiian

Aboriginals within ~ __ 2 [two] years of the date of this Act and shall

maintain such roll thereafter by eliminating the names of deceased

Aboriginals and by adding the names of after born Aboriginals and,

with the approval of the board of directors of the Corporation, of

other persons. previously omitted subsequently shown to qualify. The

right to participate in the benefits of this Act shall belong to the

living Hawaiian Aboriginals listed on the roll from time to time and

shall not be transferable inter vivos or upon death. In the absence

of a sufficient genealogy to establish that an applicant for enrollment

is an Hawaiian Aboriginal, he may nevertheless be enrolled, if he is

generally recognized by Hawaiian Aboriginals acquainted with his •

background and reputation as being an Hawaiian Aboriginal. Such

recognition shall be evidenced by statements under oath substantively

satisfactory to the Secretary subscribed by not less than 10 knowledge-

able persons.


- - 5 -

(b) Any person \"ho knowingly and wilfully falsifies, conceals

or covers up by any trick, scheme or device a material fact, or makes

any false, fictitious 01" fraudulent fit~t(~IIlCJ1t or rcprcHcntatinn, or

makes or uses any false writing or document knowing the same to

contain any false, fictitious or fraudulent statement or entry, in

connection with the qualification or enrollment, or the attempted

qualification or enrollment, of any person as an Hawaiian Aboriginal

for purposes of this act, shall be fined not more than $10,000 or

imprisoned not more than five years, or both.

HAWAIIAN A~ORIGINAL FUND

SEC. 5. (a) There is established in the Treasury of the United

States·. the Hawaiian Aboriginal Fund into which the following shall

be deposited:

(1) $16,000,000, 000 [tlwy.QQ8 r'f9~~] from the general fund of

the Treasury, hereby authorized to be appropriated as follows:

(1\) $1,600, 000, 000 [lQQ ;'8Q~98] during the fiscal year in

which this Act·becomes effective; and [reo. e<t1e, 5'0J

(B) $l,600,OOO,OOOAduring each of the next nine fiscal years

following.

(2) Interest) hereby authorized to be appropriated) at the then

current average rate being paid by the United States on Treasury

obligations, on any amount authorized to be appropriated under

section Sea) (1) of this Act that is not d~posited in the fund during

the first month of the fiscal year in which due.

- - 5 -

(b) Any person \"ho knowingly and wilfully falsifies, conceals

or covers up by any trick, scheme or device a material fact, or makes

any false, fictitious 01" fraudulent fit~t(~IIlCJ1t or rcprcHcntatinn, or

makes or uses any false writing or document knowing the same to

contain any false, fictitious or fraudulent statement or entry, in

connection with the qualification or enrollment, or the attempted

qualification or enrollment, of any person as an Hawaiian Aboriginal

for purposes of this act, shall be fined not more than $10,000 or

imprisoned not more than five years, or both.

HAWAIIAN A~ORIGINAL FUND

SEC. 5. (a) There is established in the Treasury of the United

States·. the Hawaiian Aboriginal Fund into which the following shall

be deposited:

(1) $16,000,000, 000 [tlwy.QQ8 r'f9~~] from the general fund of

the Treasury, hereby authorized to be appropriated as follows:

(1\) $1,600, 000, 000 [lQQ ;'8Q~98] during the fiscal year in

which this Act·becomes effective; and [reo. e<t1e, 5'0J

(B) $l,600,OOO,OOOAduring each of the next nine fiscal years

following.

(2) Interest) hereby authorized to be appropriated) at the then

current average rate being paid by the United States on Treasury

obligations, on any amount authorized to be appropriated under

section Sea) (1) of this Act that is not d~posited in the fund during

the first month of the fiscal year in which due.


- G -

(3) A royalty in the amount of 2 percent of the gross value of

all minerals and other inanimate natural resources, inelllding geothermal

stea.m, produced, developed or removed from all lands, including sub-

merged lands and sea-beds, of, or in the vicinity of, the Hawaiian

Islands, now or hereafter owned or controlled by, or appertaining to,

the United States, and 2 percent of all proceeds, including rents and

bonuses, derived from sale, lease o! other disposition of such minerals

and resources, or of interests therein.

(b) Such Fund shall be a trust fund and money on deposit therein

shall earn interest and be invested and administered by the Secretary

['''''iTA wk. 8011"5£ a [1011 E 6 app£iOvCfi] in the same manner as trust funds

of Indian tribes.

(c) Upon completion of the organization of the Corporation by

the election of the initial board of directors by the members and tIle

approval of bylaws by the Secretary, all money in the fund from time

to time shall be subject to, and distributed to the Corporation in -

accordance with, the orders of the board of directors; provided that

the Corporation"shall at all times keep on deposit in the Hawaiian

Aboriginal Fund, or invested in securities qualified under Hawaii law

for the investment of trust funds, an amount totaling not less than 20

percent of all funds previously appropriated and deposited into the

Hawaiian Aboriginal Fund pursuant to section Sea) (1) of this Act.

Prior to the approval of bylaws, the Secretary, upon request of the

board o·f directors, may distribute such funds to the Corporation as

are reasonably required for organization, start-up and interim opera-

tional and other expenses, and for payment, in accordance with

- G -

(3) A royalty in the amount of 2 percent of the gross value of

all minerals and other inanimate natural resources, inelllding geothermal

stea.m, produced, developed or removed from all lands, including sub-

merged lands and sea-beds, of, or in the vicinity of, the Hawaiian

Islands, now or hereafter owned or controlled by, or appertaining to,

the United States, and 2 percent of all proceeds, including rents and

bonuses, derived from sale, lease o! other disposition of such minerals

and resources, or of interests therein.

(b) Such Fund shall be a trust fund and money on deposit therein

shall earn interest and be invested and administered by the Secretary

['''''iTA wk. 8011"5£ a [1011 E 6 app£iOvCfi] in the same manner as trust funds

of Indian tribes.

(c) Upon completion of the organization of the Corporation by

the election of the initial board of directors by the members and tIle

approval of bylaws by the Secretary, all money in the fund from time

to time shall be subject to, and distributed to the Corporation in -

accordance with, the orders of the board of directors; provided that

the Corporation"shall at all times keep on deposit in the Hawaiian

Aboriginal Fund, or invested in securities qualified under Hawaii law

for the investment of trust funds, an amount totaling not less than 20

percent of all funds previously appropriated and deposited into the

Hawaiian Aboriginal Fund pursuant to section Sea) (1) of this Act.

Prior to the approval of bylaws, the Secretary, upon request of the

board o·f directors, may distribute such funds to the Corporation as

are reasonably required for organization, start-up and interim opera-

tional and other expenses, and for payment, in accordance with


- - 7 -

sections 6 (f) (14) and 8 [sections 6 (f) (13) and 9] of tilis Act, of

obligations incurred by ALOHA.

HAWAIIAN ABORIGINAL CORPORATION

SEC. 6. (a) There is hereby established a body corporate named

the Hawaiian Aboriginal Corporation, whose principal place of business

shall be located in the State of Hawaii, [with satellite offices as

needed.] The corporation shall not be an instrumentality of the

United States. The members of the Corporation shall be the Hawaiian

Aboriginals listed on the Hawaiian Aboriginal Roll from time to time.

(b) a half years from the date of this

Act, the Secretary shall issue a certificate of membership in the

Corporation to each Hawaiian Aboriginal listed on the roll

the W!-e iii ~.] Thereafter, he shall issue such a certificate

to each Aboriginal added to the roll.

ec) Certificates of minors shall be issued in accordance with

the Hawaii gifts to minors act. .?

Cd) Certificates issued pursuant to this section, and rights

and benefits 'appertaining thereto, sh~ll not be sold, assigned,

hypothecated, subject to liens or executions, or otherwise alienated.

Upon the death of a member, his certificate shall be cancelled, but

any dividends or distributions of funds or other property authorized

and scheduled for p'ayment to members in severalty at the time of •

his death shall be distributed in his nam~ to his representatives.

Ce) The purposes of the Corporation are to receive and adminis-

.ter the funds and other property ,provided by this Act for the Hawaiian

- - 7 -

sections 6 (f) (14) and 8 [sections 6 (f) (13) and 9] of tilis Act, of

obligations incurred by ALOHA.

HAWAIIAN ABORIGINAL CORPORATION

SEC. 6. (a) There is hereby established a body corporate named

the Hawaiian Aboriginal Corporation, whose principal place of business

shall be located in the State of Hawaii, [with satellite offices as

needed.] The corporation shall not be an instrumentality of the

United States. The members of the Corporation shall be the Hawaiian

Aboriginals listed on the Hawaiian Aboriginal Roll from time to time.

(b) a half years from the date of this

Act, the Secretary shall issue a certificate of membership in the

Corporation to each Hawaiian Aboriginal listed on the roll

the W!-e iii ~.] Thereafter, he shall issue such a certificate

to each Aboriginal added to the roll.

ec) Certificates of minors shall be issued in accordance with

the Hawaii gifts to minors act. .?

Cd) Certificates issued pursuant to this section, and rights

and benefits 'appertaining thereto, sh~ll not be sold, assigned,

hypothecated, subject to liens or executions, or otherwise alienated.

Upon the death of a member, his certificate shall be cancelled, but

any dividends or distributions of funds or other property authorized

and scheduled for p'ayment to members in severalty at the time of •

his death shall be distributed in his nam~ to his representatives.

Ce) The purposes of the Corporation are to receive and adminis-

.ter the funds and other property ,provided by this Act for the Hawaiian


-- 8 -

Abol"'iginals, and to engage in any and all enterprises, businesses,

undertakings and activities that the board of directors deems promo-

tive of the ir interes·ts and welfare, whether or not directed to the

making of monetary profits.

(f) The Corporation shall have all rights, powers, privileges

and immunities usually possessed by business for profit corporations

and by charitable institutions. Without limitation of the foregoing,

the corporation shall have the following specific rights, powers,

privileges and immunities:

(1) to adopt and amend bylaws providing for the structure

and governance of the Corporation subject to ratification by the

members; provided that, for a period of 20 years from the date of

this Act, such bylaws and amendments shall be subject to the approval

of the Secretary, which shall not be unr~asonably withheld;

(2) to adopt a corporate seal, which shall be judicially

recognized;

(3) to sue and be sued in its corporate name;.

(~) to engage in businesses and activities for profit and

to pay dividends and make other distributions of money and property

to members out of earnings and surplus;

(5) to acquire," own, hold, manage, hypothecate, invest in,

and dispose of property, and interest therein, of every kind and

description, real, personal and mixed, tangible and intangible; •

provided that, except in the routine conduct of a real estate

business, the Corporation shall not dispose of real property, or

interests therein, except with the concurrence of three-fourths of

the members of the board of directors;

-- 8 -

Abol"'iginals, and to engage in any and all enterprises, businesses,

undertakings and activities that the board of directors deems promo-

tive of the ir interes·ts and welfare, whether or not directed to the

making of monetary profits.

(f) The Corporation shall have all rights, powers, privileges

and immunities usually possessed by business for profit corporations

and by charitable institutions. Without limitation of the foregoing,

the corporation shall have the following specific rights, powers,

privileges and immunities:

(1) to adopt and amend bylaws providing for the structure

and governance of the Corporation subject to ratification by the

members; provided that, for a period of 20 years from the date of

this Act, such bylaws and amendments shall be subject to the approval

of the Secretary, which shall not be unr~asonably withheld;

(2) to adopt a corporate seal, which shall be judicially

recognized;

(3) to sue and be sued in its corporate name;.

(~) to engage in businesses and activities for profit and

to pay dividends and make other distributions of money and property

to members out of earnings and surplus;

(5) to acquire," own, hold, manage, hypothecate, invest in,

and dispose of property, and interest therein, of every kind and

description, real, personal and mixed, tangible and intangible; •

provided that, except in the routine conduct of a real estate

business, the Corporation shall not dispose of real property, or

interests therein, except with the concurrence of three-fourths of

the members of the board of directors;


-- 9 -

(6) to provide professional and technicQl assistance to mcniliers

and to groups and organizations in which members have substantial

interests;

(7) to finance and conduct programs, and to aid others in

financing and conducting programs, for the purposes, without limita-

tion, of providing housing, education, and relief from distress to

members and their families, and of promoting the economic and social

advancement of members and their families and of groups and organiza-

tions in which members have substantial interests;

(8) to engage generally in programs and activities designeo to

enhance the health, welfare and education of members and their

families;

(9) to be deemed a charitable, tax exempt, institution for

the purpose of ~eceiving donations of money and property from

others;

(10) to be deemed a public instrumentality and body politic -

for the purpose of qualifying under acts of Congress authorizing

loans, grants in aid, or other assistance to qualified entities

for the purpose of carrying out various projects and programs,

including, without limitation, housing, edu~ation, social) health and

economic development;·

[(11) to be exempt for a period of 20 years from the date of

this Act from the payment of any and all local, state and<federal •

taxes;]

(12) [~)J to make distributions of money and property to members

exempt from any and all forms of ,taxation until the total of such

-- 9 -

(6) to provide professional and technicQl assistance to mcniliers

and to groups and organizations in which members have substantial

interests;

(7) to finance and conduct programs, and to aid others in

financing and conducting programs, for the purposes, without limita-

tion, of providing housing, education, and relief from distress to

members and their families, and of promoting the economic and social

advancement of members and their families and of groups and organiza-

tions in which members have substantial interests;

(8) to engage generally in programs and activities designeo to

enhance the health, welfare and education of members and their

families;

(9) to be deemed a charitable, tax exempt, institution for

the purpose of ~eceiving donations of money and property from

others;

(10) to be deemed a public instrumentality and body politic -

for the purpose of qualifying under acts of Congress authorizing

loans, grants in aid, or other assistance to qualified entities

for the purpose of carrying out various projects and programs,

including, without limitation, housing, edu~ation, social) health and

economic development;·

[(11) to be exempt for a period of 20 years from the date of

this Act from the payment of any and all local, state and<federal •

taxes;]

(12) [~)J to make distributions of money and property to members

exempt from any and all forms of ,taxation until the total of such


- 10 -

distributions equals the amount authorized to be appropri.a ted by

section 5 (a) (1) of this Act, after \,.,hich members shall be subject

to tax on distributions [, except redistributions of funds received

by the ,:,Corporation from the Ha\.Jaiian Aboriginal Fund,] to the same

extent as would the shareholders of any business corporation receiving

distributions of like kinds;

. (13) [(~] to be exempt for a period of 20 years from the date

of this Act from all local, state and federal corporate registration

laws; provided) that the Secretary shall require the Corporation to

include in its bylaws such provisions for accountings, reports, and

other disclosures and controls as he deems necessary to inform and

protect members and others interested in the Corporation;

(~4) [~] to assume and discharge, in accordance with section

• [9] of this Act, all fair and reasonable unpaid obligations, not

to exceed $2,500, 000 in the aggrega te, incurred by ALOHA under la\.Jful

written contracts with third persons for the purposes of preparing,

presen~ing, or advocating or securing the enactment of, legislation

to settle the .historic claims of the Hawaiian Aboriginals, including,

without limitation, loans and advances of money or other things of

value, and fees and expenses of attorneys and other consultants;

provided that ALOllA, prior to the approval of this Al~t, shall have

continued .to have been so structured and operated that membership

was available on a nondiscriminatory and equal basis to all persons

r.eason~bly claiming to be possessed of the blood of [Aboriginal]

ancestors who were living in the Hawaiian-Islands (Archipelago]

prior to 1778 (; provided further that the requirement contained in

- 10 -

distributions equals the amount authorized to be appropri.a ted by

section 5 (a) (1) of this Act, after \,.,hich members shall be subject

to tax on distributions [, except redistributions of funds received

by the ,:,Corporation from the Ha\.Jaiian Aboriginal Fund,] to the same

extent as would the shareholders of any business corporation receiving

distributions of like kinds;

. (13) [(~] to be exempt for a period of 20 years from the date

of this Act from all local, state and federal corporate registration

laws; provided) that the Secretary shall require the Corporation to

include in its bylaws such provisions for accountings, reports, and

other disclosures and controls as he deems necessary to inform and

protect members and others interested in the Corporation;

(~4) [~] to assume and discharge, in accordance with section

• [9] of this Act, all fair and reasonable unpaid obligations, not

to exceed $2,500, 000 in the aggrega te, incurred by ALOHA under la\.Jful

written contracts with third persons for the purposes of preparing,

presen~ing, or advocating or securing the enactment of, legislation

to settle the .historic claims of the Hawaiian Aboriginals, including,

without limitation, loans and advances of money or other things of

value, and fees and expenses of attorneys and other consultants;

provided that ALOllA, prior to the approval of this Al~t, shall have

continued .to have been so structured and operated that membership

was available on a nondiscriminatory and equal basis to all persons

r.eason~bly claiming to be possessed of the blood of [Aboriginal]

ancestors who were living in the Hawaiian-Islands (Archipelago]

prior to 1778 (; provided further that the requirement contained in


- - 11 -

ALOHA' 5 byla\\1s that members of the board of directors possess one

quarter or more of such blood shall not be construed as disqualifying

discrimination under the preceding clause] .

(i) The management of the Corporation shall be vested in a

board of directors. Except for the initial board, which shall be

constituted as provided in section 6(h) of this Act, the number,

terms, qualifications and method of election of directors by the

members shall be as prescribed in the bylaws of the Corporation.

~) The initial board shall consist-of 17 directors.

(1) At the time he first issues certificates of membership

under section 6 (b) of this Act, the Secretary shall· call for the

election of th~ initial board. Any member, except a minor, who shall

submit to the Secretary a written nomination signed by not less than

SO adult members shall be a candidate for director. The Secretary

shall prepare a ballot including the names of all persons so nominated,

and shall supervise, judge and declare the results of the election.

(2) Such ballot shall be supplied each member, except a

minor member for whom no custodian has been designated under the

Hawaii gifts to minors act, who shall be entitled to case one vote

for each of 17 candidates.

(3) Candidates shall be declared elected in the following

order:

(A) The candidate, if any, who is a resident of the island

• of Hawaii, who receives the most votes ca&t by members who are residents

of the island of Hawaii.

(B) The candidate, if any, who is a resident of the island

of Maui, who receives the most votes cast by members who are residents

of the island of Maui.

- - 11 -

ALOHA' 5 byla\\1s that members of the board of directors possess one

quarter or more of such blood shall not be construed as disqualifying

discrimination under the preceding clause] .

(i) The management of the Corporation shall be vested in a

board of directors. Except for the initial board, which shall be

constituted as provided in section 6(h) of this Act, the number,

terms, qualifications and method of election of directors by the

members shall be as prescribed in the bylaws of the Corporation.

~) The initial board shall consist-of 17 directors.

(1) At the time he first issues certificates of membership

under section 6 (b) of this Act, the Secretary shall· call for the

election of th~ initial board. Any member, except a minor, who shall

submit to the Secretary a written nomination signed by not less than

SO adult members shall be a candidate for director. The Secretary

shall prepare a ballot including the names of all persons so nominated,

and shall supervise, judge and declare the results of the election.

(2) Such ballot shall be supplied each member, except a

minor member for whom no custodian has been designated under the

Hawaii gifts to minors act, who shall be entitled to case one vote

for each of 17 candidates.

(3) Candidates shall be declared elected in the following

order:

(A) The candidate, if any, who is a resident of the island

• of Hawaii, who receives the most votes ca&t by members who are residents

of the island of Hawaii.

(B) The candidate, if any, who is a resident of the island

of Maui, who receives the most votes cast by members who are residents

of the island of Maui.


-- 12 -

ee) The candidate, if any, who is a res idcnt of the island of

Lanai, \o3ho receives the most votes cast by members who are residents

of the_island of Lanai.

CD) The canuic1ntc, if any, who is a residcnt of the islanu

of Nolokai, who receives the most votes cast by members who are resi-

dents of the island of Molokai.

eE) The candidate, if any, who is a resident of the island of

Oahu, who receives the most votes cast by members who are residents

of the island of Oahu.

(F) The candidate, if,any, who is a resident of the county of

Kauai, who receives the most votes cast by members who are residents

of the county of Kauai.

(G) The remaining candidates receiving the most votes, without

regard to residence, in number necessary, with those electeo pur-

suant to paragraphs CA) through CF) above, to equal 17.

til The members of the initial board shall serve for a term of

two years and until their successors are elected and qualified.

(j) (1) The initial board shall prepare and adopte bylaws sub-

je~t to approval of the Secretary and ratification by members.

(2) Such bylaws, among other things, shall:

CA) Designate an office and agent of the Corporation for

the receipt of process and other legal purposes;

CB) 'Provide for the composition and election of the board of .. directors subsequent to the initial board;-

ee) DeSignate and prescribe the duties of the officers of the

Corporation, who shall be elected by the board and serve at its

pleasure; and

-- 12 -

ee) The candidate, if any, who is a res idcnt of the island of

Lanai, \o3ho receives the most votes cast by members who are residents

of the_island of Lanai.

CD) The canuic1ntc, if any, who is a residcnt of the islanu

of Nolokai, who receives the most votes cast by members who are resi-

dents of the island of Molokai.

eE) The candidate, if any, who is a resident of the island of

Oahu, who receives the most votes cast by members who are residents

of the island of Oahu.

(F) The candidate, if,any, who is a resident of the county of

Kauai, who receives the most votes cast by members who are residents

of the county of Kauai.

(G) The remaining candidates receiving the most votes, without

regard to residence, in number necessary, with those electeo pur-

suant to paragraphs CA) through CF) above, to equal 17.

til The members of the initial board shall serve for a term of

two years and until their successors are elected and qualified.

(j) (1) The initial board shall prepare and adopte bylaws sub-

je~t to approval of the Secretary and ratification by members.

(2) Such bylaws, among other things, shall:

CA) Designate an office and agent of the Corporation for

the receipt of process and other legal purposes;

CB) 'Provide for the composition and election of the board of .. directors subsequent to the initial board;-

ee) DeSignate and prescribe the duties of the officers of the

Corporation, who shall be elected by the board and serve at its

pleasure; and


- - 13 -

[(D) Provide a means for the members of the Corporation to

ini tia te amendments of the byla\-1s.]

lANDS

SEC. 7. (a) All lands included within the following Federal

installations or reserves:

shall be held in trust for the Hawaiian Aboriginal Corporation and

shall be conveyed to the Corporation upon the election of the initial

board of directors and the approval of bylaws by the Secretary.

~) Any provision of law to the contrary notwithstanding,

the Administrator of the General Services Administration is hereby

directed to give to the Corporation the first and prior right to

acquire any federal lands located within the State of Hawaii which

have been determined by the Administrator, in accordance with law, . to be surplus and not required for the needs and the discharge of

the responsibilities 'of federal agencies. If the Corporation elects

to exercise its right to acquire any surplus federal lands, the

Administrator shall" convey such surplus federal lands to the •

Corporation unconditionally and without compensation.

- - 13 -

[(D) Provide a means for the members of the Corporation to

ini tia te amendments of the byla\-1s.]

lANDS

SEC. 7. (a) All lands included within the following Federal

installations or reserves:

shall be held in trust for the Hawaiian Aboriginal Corporation and

shall be conveyed to the Corporation upon the election of the initial

board of directors and the approval of bylaws by the Secretary.

~) Any provision of law to the contrary notwithstanding,

the Administrator of the General Services Administration is hereby

directed to give to the Corporation the first and prior right to

acquire any federal lands located within the State of Hawaii which

have been determined by the Administrator, in accordance with law, . to be surplus and not required for the needs and the discharge of

the responsibilities 'of federal agencies. If the Corporation elects

to exercise its right to acquire any surplus federal lands, the

Administrator shall" convey such surplus federal lands to the •

Corporation unconditionally and without compensation.


- - III -

[TAXATION

,l.\. bor;" I ~ a I SEC. 8. (a) Funds distributed from the Hawaiiall NU·l~l~ Fund

shall ~ot be subject to any form of federal, state or local taxation

at the time of receipt by the Corporation or by individual members

upon redistribution as dividends or otherwise by the Corporation.

This exemption shall not apply to income from investments of such

funds earned by the Corporation after receipt from the Hawaiian Abori "·~41 ~lat:iT¢e Fund.

(b) The receipt and ownership of a certificate of membership A boa- J~ .'l1t\'

by an Hawaiian }~a1:irffl shall 'not ·subject him to any form of federal,

state or local taxation.

(c) The receipt of land or any interest therein pursuant

to this Act shall not be subject to any form of federal, st~te or local

taxation. The basis for computing gain or loss for tax purposes on

a subsequent sale or disposition of such land or interest shall be

the fair market value at time of receipt.

(d) Land or any interest therein received pursuant to this

Act, S8 IMPS X: J::t 1£ . " 5 aM S.e, shall be exempt from

alx forms of state and local real property taxes, levies and assess-

ments for a period of 20 years from the date of receipt.

I(e) Land or any interest therein received pursuant to this

Act, during any period it is subject to the exemption provided by

section BCd) of this Act, shall be treated as federal property for .

the purpose of calculating any benefits available to the State of

Hawaii or local units of government by virtue of federal ownership

of land within their jurisdictions.]

- - III -

[TAXATION

,l.\. bor;" I ~ a I SEC. 8. (a) Funds distributed from the Hawaiiall NU·l~l~ Fund

shall ~ot be subject to any form of federal, state or local taxation

at the time of receipt by the Corporation or by individual members

upon redistribution as dividends or otherwise by the Corporation.

This exemption shall not apply to income from investments of such

funds earned by the Corporation after receipt from the Hawaiian Abori "·~41 ~lat:iT¢e Fund.

(b) The receipt and ownership of a certificate of membership A boa- J~ .'l1t\'

by an Hawaiian }~a1:irffl shall 'not ·subject him to any form of federal,

state or local taxation.

(c) The receipt of land or any interest therein pursuant

to this Act shall not be subject to any form of federal, st~te or local

taxation. The basis for computing gain or loss for tax purposes on

a subsequent sale or disposition of such land or interest shall be

the fair market value at time of receipt.

(d) Land or any interest therein received pursuant to this

Act, S8 IMPS X: J::t 1£ . " 5 aM S.e, shall be exempt from

alx forms of state and local real property taxes, levies and assess-

ments for a period of 20 years from the date of receipt.

I(e) Land or any interest therein received pursuant to this

Act, during any period it is subject to the exemption provided by

section BCd) of this Act, shall be treated as federal property for .

the purpose of calculating any benefits available to the State of

Hawaii or local units of government by virtue of federal ownership

of land within their jurisdictions.]


- - 15 -

SEC. ,. [9.] ''ii thin six months after the election of the initial

board of directors of the Corporation, any person tl1at claims that

ALOHA is indebted to him on an unpaid written contractual obligation

incurred by ALOHA for the purposes of preparing, presenting, or

advocating or securing the enactment of, legislation to settle the

historic cla~s of the Hawaiian Aboriginals, shall present his claim,

together with appropriate documentation to ALOHA and the Corporation.

In consultation with ALOHA, the Corporation shall review and prepare

a schedule of all such claims, noting thereon which claims, if any,

it questions or disputes, in whole or in part, together with the S

reasons therefor, which ~chedule, together with copies of the claims

and supporting documents supplied by the claimants, it shall submit

to the Secretary within nine months after such election. Claims not

questioned or disputed by the Corporation, to which the Secretary takes

no exception within three months from the date of their submission to

him by the Corporation, shall thereafter be due and payable by the

Corporation. In the event rhe Corporation, the claimant, and the

Secretary cannot agree on settlement of a claim questioned or disputed

by the Corporation, or to which the Secretary takes exception, the

same may, upon the application of either the Corporation, the claimant

or the Secretary, be determined by arbitration under Chapter 658 of

the Hawaii Revised Statutes. In the event the aggregate amount of such

claims allowed or established for payment pursuant to section 6 (f) (14) •

[(13)] and this section of this Act excee~s $2,500,000, then such

claims shall be reduced and paid pro-rata.

- - 15 -

SEC. ,. [9.] ''ii thin six months after the election of the initial

board of directors of the Corporation, any person tl1at claims that

ALOHA is indebted to him on an unpaid written contractual obligation

incurred by ALOHA for the purposes of preparing, presenting, or

advocating or securing the enactment of, legislation to settle the

historic cla~s of the Hawaiian Aboriginals, shall present his claim,

together with appropriate documentation to ALOHA and the Corporation.

In consultation with ALOHA, the Corporation shall review and prepare

a schedule of all such claims, noting thereon which claims, if any,

it questions or disputes, in whole or in part, together with the S

reasons therefor, which ~chedule, together with copies of the claims

and supporting documents supplied by the claimants, it shall submit

to the Secretary within nine months after such election. Claims not

questioned or disputed by the Corporation, to which the Secretary takes

no exception within three months from the date of their submission to

him by the Corporation, shall thereafter be due and payable by the

Corporation. In the event rhe Corporation, the claimant, and the

Secretary cannot agree on settlement of a claim questioned or disputed

by the Corporation, or to which the Secretary takes exception, the

same may, upon the application of either the Corporation, the claimant

or the Secretary, be determined by arbitration under Chapter 658 of

the Hawaii Revised Statutes. In the event the aggregate amount of such

claims allowed or established for payment pursuant to section 6 (f) (14) •

[(13)] and this section of this Act excee~s $2,500,000, then such

claims shall be reduced and paid pro-rata.


- - 16 -

REPORTS TO CONGRESS

SEC. I. [10.] During a period of 20 years fl"om the elate of this

Act, tAe Secretary shall prepare and submit reports annually to

Congress on the state of the Hawaiian Aboriginals and the execution

and effects of this Act. During the session of Congress next convened

after the end of such period, the Secretary shall submit, through the

President, a final report on the state of the Hawaiian Aboriginals,

which shall include a summary of actions taken and results achieved

under this Act, together with such recommendations to Congress as

he deems appropriate.

APPROPRIATIONS

SEC. !II. [11.] There are authorized to be appropria.ted such sums

as may be necessary to carry out the provisions and purpose~ of this

Act.

REGUIATIONS

SEC. •. [12.] The Secretary is authorized to issue and publish

such regulations as may be necessary to carry out the provisions and

purposes of this Act.

- - 16 -

REPORTS TO CONGRESS

SEC. I. [10.] During a period of 20 years fl"om the elate of this

Act, tAe Secretary shall prepare and submit reports annually to

Congress on the state of the Hawaiian Aboriginals and the execution

and effects of this Act. During the session of Congress next convened

after the end of such period, the Secretary shall submit, through the

President, a final report on the state of the Hawaiian Aboriginals,

which shall include a summary of actions taken and results achieved

under this Act, together with such recommendations to Congress as

he deems appropriate.

APPROPRIATIONS

SEC. !II. [11.] There are authorized to be appropria.ted such sums

as may be necessary to carry out the provisions and purpose~ of this

Act.

REGUIATIONS

SEC. •. [12.] The Secretary is authorized to issue and publish

such regulations as may be necessary to carry out the provisions and

purposes of this Act.


-- 17 -

MISCELLANEOUS

SEC • .& [13.] (a) No provision of this Act shall derogate from

or diminish any right", privilege, or obligation of Hawaiian Aboriginals

as citizens of the United States, or of the State of Hawaii, or

relieve, replace, or diminish any obligation of the United States or

of the State of Hawaii to protect and promote the rights and welfare

of Hawaiian Aboriginals as citizens of the United States or of Hawaii;

(b) No provision of this Act shall be construed to constitute

a jurisdictional act to confer jurisdiction to sue, nor to grant

implied consent to Hawaiian Aboriginals to sue the United States or

any of its officers with respect to the claims settled and extinguished

by this Act.

(c) The accounts of the Corporation shall be audited annually

in accordance with generally accepted auditing standards by independent

licensed public accountants, certified or licensed by a regulatory ~

authority of the State of Hawaii or the UniLed States. The audits

shall be conduc"ted at the place or places where the accounts of the

Corporation are normally kept. All books, accounts, financial records,

reports, files, and other papers, things, or property belonging to or

in use by the Corporation and necessary to facilitiate the audits

shall be available to the person'or persons conducting the audits;

and full facilities for verifying transactions with the balances or •

securities held by despositories, fiscal ~gents and custodians shall

be afforded to such person or persons. Each audit report or a fair

-- 17 -

MISCELLANEOUS

SEC • .& [13.] (a) No provision of this Act shall derogate from

or diminish any right", privilege, or obligation of Hawaiian Aboriginals

as citizens of the United States, or of the State of Hawaii, or

relieve, replace, or diminish any obligation of the United States or

of the State of Hawaii to protect and promote the rights and welfare

of Hawaiian Aboriginals as citizens of the United States or of Hawaii;

(b) No provision of this Act shall be construed to constitute

a jurisdictional act to confer jurisdiction to sue, nor to grant

implied consent to Hawaiian Aboriginals to sue the United States or

any of its officers with respect to the claims settled and extinguished

by this Act.

(c) The accounts of the Corporation shall be audited annually

in accordance with generally accepted auditing standards by independent

licensed public accountants, certified or licensed by a regulatory ~

authority of the State of Hawaii or the UniLed States. The audits

shall be conduc"ted at the place or places where the accounts of the

Corporation are normally kept. All books, accounts, financial records,

reports, files, and other papers, things, or property belonging to or

in use by the Corporation and necessary to facilitiate the audits

shall be available to the person'or persons conducting the audits;

and full facilities for verifying transactions with the balances or •

securities held by despositories, fiscal ~gents and custodians shall

be afforded to such person or persons. Each audit report or a fair


-- 18 -

and reasonably detailed summary thereof shLlll be transmitted to each

member, to the Secretary and to the Corrunittees on Interior and Insular

Affairs of the Senate and the House of Representatives.

SUPREMACY AND SEPARABILITY

SEC. ~ [14.] In the event of conflict between this Act and any

o~her acts of Congress or other laws, the provisions of this Act shall

~ontrol. If any provision of this Act is authoritatively determined

to be invalid on its face or as applied, such holding shall not be

deemed to invalidate or affect any other provisions of this Act .

..

-- 18 -

and reasonably detailed summary thereof shLlll be transmitted to each

member, to the Secretary and to the Corrunittees on Interior and Insular

Affairs of the Senate and the House of Representatives.

SUPREMACY AND SEPARABILITY

SEC. ~ [14.] In the event of conflict between this Act and any

o~her acts of Congress or other laws, the provisions of this Act shall

~ontrol. If any provision of this Act is authoritatively determined

to be invalid on its face or as applied, such holding shall not be

deemed to invalidate or affect any other provisions of this Act .

..


Documents

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