HAWAIIAN HOMES COMMISSION ACT, 1920
(Act of July 9, 1921, c 42, 42 Stat 108)
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Note
This Act is now part of the State Constitution and is subject to amendment or repeal as prescribed in Article XII of the Constitution.
Consent of Congress
Consent of Congress, see Pub. L. 99-557 (October 27, 1986); H.J. Res. 32, 105th Cong. 1st Sess., Pub. L. No. 105-21, 111 Stat. 235 (June 27, 1997), for §§209 and 219.1; and S.J. Res. 23, 102nd Cong. 2nd Sess., Pub. L. No. 102-398, 106 Stat. 1953 (October 6, 1992), for §§202, 203, 204, 208, 209, 213, 214, 215, 220, 221, 222, and 227.
Law Journals and Reviews
The Native Hawaiian Trusts Judicial Relief Act: The First Step in an Attempt to Provide Relief. 14 UH L. Rev. 889.
Title 1: Definitions
Section
1
2
Title 1A: Purpose
101 Purpose
Title 2: Hawaiian Homes Commission
201 Definitions
201.5 Federal reaffirmation
201.6 Community based governance on Hawaiian home lands
202 Department officers, staff, commission, members,
compensation
203 Certain public lands designated "available lands"
Parcel I
Parcel II
Kewalo-Uka, Honolulu, Oahu
Kewalo-Uka, Honolulu, Oahu
204 Control by department of "available lands," return
to board of land and natural resources, when; other
lands, use of
204.5 Additional powers
205 Sale or lease, limitations on
206 Other officers not to control Hawaiian home lands;
exception
207 Leases to Hawaiians, licenses
207.5 Housing development
208 Conditions of leases
209 Successors to lessees
210 Cancellation of leases
210.5 Repealed
211 Community pastures
212 Lands returned to control of board of land and
natural resources
213 Funds and accounts
213.5 Establishment of special fund
213.6 Hawaiian home lands trust fund
214 Purposes of loans; authorized actions
215 Conditions of loans
216 Insurance by borrowers; acceleration of loans; lien
and enforcement thereof
217 Ejectment, when; loan to new lessee for
improvements
218 Repealed
219 Agricultural and aquacultural experts
219.1 General assistance
220 Development projects; appropriations by legislature;
bonds issued by legislature; mandatory reservation
of water
220.5 Development by contract; development by project
developer agreement
221 Water
222 Administration
223 Right of amendment, etc.
224 Sanitation and reclamation expert
225 Investment of funds; disposition
226 Qualification for federal programs
227 Enterprise zones
228 Commercial and multipurpose project leases;
extension of term
Title 3: Amendments to Hawaiian Organic Act
Title 4: Miscellaneous Provisions
401
402
Title 5: Homestead General Leasing Program
501 to 516 Repealed
Note
Annual report to the legislature on the expenditure of moneys and the number of applicants on the waiting list assisted. L 2022, c 279, §5.
Funding for Native Hawaiian roll commission. L 2011, c 195, §4; L 2014, c 14, §2.
Pilot program to remove and harvest gorse from Mauna Kea; reports to 2023-2026 legislature (repealed on June 30, 2026). L 2022, c 204.
Public land trust information system. L 2011, c 54; L 2013, c 110, §2.
Strategic plan to address applicant preferences; report to legislature no later than December 10, 2022. L 2022, c 279, §4.
Cross References
Native Hawaiian recognition, see chapter 10H.
Attorney General Opinions
Threatened and endangered plants are protected on Hawaiian home lands under the provisions of chapter 195D, as well as under the provisions of the federal Endangered Species Act of 1973, to the same extent that the plants are protected elsewhere in Hawaii. Anyone who "takes" threatened or endangered plants on Hawaiian home lands is subject to state and federal civil and criminal penalties. Att. Gen. Op. 95-5.
Allocating royalties from geothermal developments on department of Hawaiian home lands (DHHL) lands to the board of land and natural resources or the counties violated §4 of the Admission Act and article XII, §§1 and 3 of the Hawaii constitution. It is clear from the Admission Act and the Hawaii constitution that the State has an obligation to manage such resources on Hawaiian home lands for the benefit of native Hawaiians pursuant to the Hawaiian Homes Commission Act (HHCA). Allocation of royalties from geothermal developments on DHHL lands to entities other than DHHL would be violations of both the Admission Act and the Hawaii constitution because those proceeds would not be available to DHHL to carry out the terms and conditions of the HHCA. Att. Gen. Op. 14-1.
Law Journals and Reviews
Courts and the Cultural Performance: Native Hawaiians' Uncertain Federal and State Law Rights to Sue. 16 UH L. Rev. 1.
Native Hawaiian Homestead Water Reservation Rights: Providing Good Living Conditions for Native Hawaiian Homesteaders. 25 UH L. Rev. 85.
Ke Ala Pono--The Path of Justice: The Moon Court's Native Hawaiian Rights Decisions. 33 UH L. Rev. 447 (2011).
Where Justice Flows Like Water: The Moon Court's Role in Illuminating Hawai`i Water Law. 33 UH L. Rev. 537 (2011).
A Modest Proposal for Determining Class Member Damages: Aggregation and Extrapolation in the Kalima v. State Breach of Homelands Trust Class Action. 34 UH L. Rev. 1 (2012).
A Collective Memory of Injustice: Reclaiming Hawai`i's Crown Lands Trust in Response to Judge James S. Burns. 39 UH L. Rev. 481 (2017).
(Re)Righting History: Deconstructing the Court's Narrative of Hawai`i's Past. 39 UH L. Rev. 631 (2017).
Case Notes
Claims under Act arise exclusively under state law; hence, Eleventh Amendment bars federal court from deciding claims against state officials based solely on this Act. 45 F.3d 333.
Appellant who claimed article XII's (of the state constitution) implementation of this Act violated the Fourteenth Amendment because government benefits, leases to public lands, are available only to native Hawaiians, lacked standing. 342 F.3d 934.
Lessee defendants' motion to dismiss granted, where plaintiffs claimed native Hawaiian lessee defendants violated this Act, as well as plaintiffs' rights under 42 U.S.C. §1983 by subleasing Hawaiian home lands to non-native Hawaiians. 824 F. Supp. 1480.
To the extent plaintiffs sought redress for violations of the Hawaii constitution or this Act, the Eleventh Amendment barred the state law claims; thus, state defendants' motion for summary judgment granted on all state law claims against state officials brought in their official capacities; state defendants sued in personal capacities were entitled to qualified immunity. 824 F. Supp. 1480.
Association that included native Hawaiian beneficiaries asserted viable claim under 42 U.S.C. §1983 alleging breach of trust duties by appellees under this Act via Admission Act. 78 H. 192, 891 P.2d 279.
Act is part of Hawai`i constitution and does not constitute federal law; thus, federal preemption principles did not apply to case where there was no relevant federal law at issue and conflict between Act and state statute was matter of state constitutional law. 87 H. 91, 952 P.2d 379.
Chapter 343 does not conflict with this Act, has only incidental impact on Hawaiian home lands, and is not inconsistent with interests of the beneficiaries; thus, chapter applies to Hawaiian home lands. 87 H. 91, 952 P.2d 379.
For Hawaiian home lands, the department of Hawaiian home lands is the accepting authority for applicant proposals under §343-5(c); because the governor is not involved, there is no conflict with this Act. 87 H. 91, 952 P.2d 379.