§10-2 Definitions.
[Validity of 1990 amendment and retroactivity to June 16, 1980. L 1990, c 304, §§16, 18.] In this chapter, if not inconsistent with the context:"Administrator" means the administrator of the office of Hawaiian affairs.
"Beneficiary of the public trust entrusted upon the office" means native Hawaiians and Hawaiians.
"Board" means the board of trustees.
"Hawaiian" means any descendant of the aboriginal peoples inhabiting the Hawaiian Islands which exercised sovereignty and subsisted in the Hawaiian Islands in 1778, and which peoples thereafter have continued to reside in Hawaii.
"Native Hawaiian" means any descendant of not less than one-half part of the races inhabiting the Hawaiian Islands previous to 1778, as defined by the Hawaiian Homes Commission Act, 1920, as amended; provided that the term identically refers to the descendants of such blood quantum of such aboriginal peoples which exercised sovereignty and subsisted in the Hawaiian Islands in 1778 and which peoples thereafter continued to reside in Hawaii.
"Office" means the office of Hawaiian affairs.
"Public land trust" means those lands:
(1) Which were ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or acquired in exchange for lands so ceded, and which were conveyed to the State of Hawaii by virtue of section 5(b) of the Act of March 18, 1959 (73 Stat. 4, the Admission Act), (excluding therefrom lands and all proceeds and income from the sale, lease, or disposition of lands defined as "available lands" by section 203 of the Hawaiian Homes Commission Act, 1920, as amended);
(2) Retained by the United States under section 5(c) and 5(d) of the Act of March 18, 1959, and later conveyed to the State under section 5(e) of the Act of March 18, 1959; and
(3) Which were ceded to and retained by the United States under section 5(c) and 5(d) of the Act of March 18, 1959, and later conveyed to the State pursuant to the Act of December 23, 1963 (Public Law 88-233, 77 Stat. 472).
"Revenue" means all proceeds, fees, charges, rents, or other income, or any portion thereof, derived from any sale, lease, license, permit, or other similar proprietary disposition, permitted use, or activity, that is situated upon and results from the actual use of lands comprising the public land trust, and including any penalties or levies exacted as a result of a violation of the terms of any proprietary disposition, but excluding any income, proceeds, fees, charges, or other moneys derived through the exercise of sovereign functions and powers including:
(1) Taxes;
(2) Regulatory or licensing fees;
(3) Fines, penalties, or levies;
(4) Registration fees;
(5) Moneys received by any public educational institution, including the University of Hawaii, and the community college system, from its educational programs and ancillary services, such as tuition, registration fees, meals, books, grants, or scholarships;
(6) Interagency and intra-agency administrative fees or assessments;
(7) Moneys derived from or provided in support of penal institutions and programs;
(8) Grants, carry-overs, and pass-throughs;
(9) Federal moneys, including federal-aid, grants, subsidies, and contracts;
(10) Moneys collected from the sale or dissemination of government publications;
(11) Department of defense proceeds on state-improved lands; and
(12) Moneys derived from the development of housing projects as defined under section 201G-1 and 201G-112 after the conveyance of the public land trust to the housing and community development corporation of Hawaii except as provided under section 10-13.6. [L 1979, c 196, pt of §2; am L 1990, c 304, §3; am L 1992, c 318, §2; am L 1997, c 350, §§14, 15]