§10-5 Board of trustees; powers and duties.
The board shall have the power in accordance with law to:
(1) Manage, invest, and administer the proceeds from
the sale or other disposition of lands, natural resources, minerals, and income
derived from whatever sources for native Hawaiians and Hawaiians, including all
income and proceeds from that pro rata portion of the trust referred to in
section 10-3;
(2) Exercise control over real and personal property
set aside to the office by the State of Hawaii, the United States of America,
or any private sources, and transferred to the office for native Hawaiians and
Hawaiians;
(3) Collect, receive, deposit, withdraw, and invest
money and property on behalf of the office;
(4) Formulate policy relating to the affairs of
native Hawaiians and Hawaiians, provided that such policy shall not diminish or
limit the benefits of native Hawaiians under article XII, section 4, of the
state Constitution;
(5) Otherwise act as a trustee as provided by law;
(6) Delegate to the administrator, its officers and
employees such powers and duties as may be proper for the performance of the
powers and duties vested in the board;
(7) Provide grants to individuals, and public or
private organizations to better the conditions of native Hawaiians and
Hawaiians consistent with the standards set forth in section 10-17;
(8) Make available technical and financial assistance
and advisory services to any agency or private organization for native Hawaiian
and Hawaiian programs, and for other functions pertinent to the purposes of the
office of Hawaiian affairs. Financial assistance may be rendered through
contractual arrangements as may be agreed upon by the board and any such agency
or organization; and
(9) Adopt and use a common seal by which all official
acts shall be authenticated. [L 1979, c 196, pt of §2; am L 1990, c 304, §§5,
16; am L 1996, c 240, §1; am L 2002, c 182, §3]
Case Notes
Act 304, L 1990, was invalidated by its own severability
clause when amendments made to §§10-2 and 10-13.5 by Act 304 were found to
conflict with the federal Forgiveness Act (Pub. L. No. 105-66, §340, 111 Stat.
at 1448), leaving court with no judicially manageable standards to determine
whether office of Hawaiian affairs was entitled to the specific revenues sought
in the suit. 96 H. 388, 31 P.3d 901.
Notes of Decisions
Off. of Hawaiian Affairs v. State, 31 P.3d 901 (Haw. 2001).
· cites it 10× “By adding the “equivalent to” language to HRS §§ 10-5 and 10-13, the legislature clarified that the general obligation bond fund revenue paid to OHA was income that the OHA board of trustees was authorized to manage, invest and administer, as though it were payment for OHA’s…”
Kealoha v. Machado., 315 P.3d 213 (Haw. 2013).
· cites it 2× “]” HRS § 10-5(1) (2009). In 1980, the legislature set the pro rata share at “[t]wenty per cent of all funds derived from the public land trust[.”
Trs. of the Off. of Hawaiian Affairs v. Yamasaki, 737 P.2d 446 (Haw. 1987).
· cites it 2× “]” HRS § 10-5(1). That the legislative action in 1979 did not represent the final word on the matter was clear from the language of the funding provision as well as the legislative history of Act 196.”
Kaapu v. Aloha Tower Dev. Corp., 814 P.2d 396 (Haw. 1991).
· cites it 2× “Act 304 has been codified as HRS § 10-5(1) (Supp. 1990). If the trustees have no more than that power, then appellant has no more than that power.”
Rice v. Cayetano, 963 F. Supp. 1547 (D. Haw. 1997).
· cites it 2× “HRS § 10-5. More specifically, Hawaii law specifies that the Board’s general duties include developing, implementing and updating a comprehensive master plan for Native Hawaiians and Hawaiians, to assist in the development of state and county plans for Native Hawaiian and…”
— Haw. Rev. Stat. § 10-5(1) — 4 cases
Off. of Hawaiian Affairs v. State, 31 P.3d 901 (Haw. 2001).
“By adding the “equivalent to” language to HRS §§ 10-5 and 10-13, the legislature clarified that the general obligation bond fund revenue paid to OHA was income that the OHA board of trustees was authorized to manage, invest and administer, as though it were payment for OHA’s…”
Kealoha v. Machado., 315 P.3d 213 (Haw. 2013).
“]” HRS § 10-5(1) (2009). In 1980, the legislature set the pro rata share at “[t]wenty per cent of all funds derived from the public land trust[.”
Trs. of the Off. of Hawaiian Affairs v. Yamasaki, 737 P.2d 446 (Haw. 1987).
“]” HRS § 10-5(1). That the legislative action in 1979 did not represent the final word on the matter was clear from the language of the funding provision as well as the legislative history of Act 196.”
Kaapu v. Aloha Tower Dev. Corp., 814 P.2d 396 (Haw. 1991).
“Act 304 has been codified as HRS § 10-5(1) (Supp. 1990). If the trustees have no more than that power, then appellant has no more than that power.”
— Haw. Rev. Stat. § 10-5(3) — 1 case
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