6. that your committees work on statutory language that would prohibit all land exchanges in order to avoid abuses, (1.e. the recent decision to trade 210 acres on the island of Hawaii, for 13 useless acres in the industrial district of Honolulu, island of Oahu,) so that hereinafter acreage is traded in view of the maximum number of qualified beneficiaries that may be settled on a particular property, and not viewed in terms of the amount of revenues that can be generated in order to (reinvent the wheel and) see how much revenues are needed to settle the qualified beneficiaries on the lands; 7. that your committees work on statutory language that would expressly allow for homesteading by qualified beneficiaries on the Admission Act § 5(f) lands, in terms identical to those articulated under the Hawaiian Homes Commission Act of 1920; since the § 5(f) lands were not granted in fee simple by the U.S. to Hawaii in 1959 but were granted in a public trust instead, and the U.S. retains a right of reverter under power to bring a breach of trust suit, therefore, those § 5(f) lands are subject to defeasance and can be made available to qualified beneficiaries in forms of pasture, agricultural and houselot leases at nominal rates for 99 years; or, in the alternative, leases be made available to qualified beneficiares on § 5(f) lands in consistancy with black letter law presently expressed on the books at § 5(f) which states in part that: "It]he lands granted to the State of Hawaii.....together trust...for the betterment of the conditions of native [Emphasis added.] 8. that your committees work on statutory language that would terminate all "General Leases" now made to persons and entities not qualified as beneficiaries under the Hawaiian Homes Commission Act of 1920, and meager revenues now being generated by General Leases at distress rates cease to continue, and all revenues be appropriated hereafter by the State and Federal Governments so that all the DHHL lands are made available to qualified beneficiaries for homesteading purposes in the forms of pasture, agricultural and houselot leases; 9. that your committees not attempt to amend the definition of "native Hawaiian as defined in the Hawaiian Homes Commission Act of 1920′′ by relying on the State of Hawaii's Office of Hawaiian Affairs manipulated "Single Definition Referendum” and its fraudulent conclusions. Sincerely, Emmett Lee Loy Law Clerk, US Dept. of Justice § 4 § 4. THE ADMISSION ACT 34 As a compact with the United States relating to the management and disposition of the Hawaiian home lands, the Hawaiian Homes Commission Act, 1920, as amended, shall be adopted as a provision of the Constitution of said State, as provided in section 7, subsection (b) of this Act, subject to amendment or repeal only with the consent of the United States, and in no other manner: Provided, That (1) sections 202, 213, 219, 220, 222, 224, and 225 and other provisions relating to administration, and paragraph (2) of section 204, sections 206 and 212, and other provisions relating to the powers and duties of officers other than those charged with the administration of said Act, may be amended in the constitution, or in the manner required for State legislation, but the Hawaiian home-loan fund, the Hawaiian home-operating fund, and the Hawaiian home-development fund shall not be reduced or impaired by any such amendment, whether made in the constitution or in the manner required for State legislation, and the encumbrances authorized to be placed on Hawaiian home lands by officers other than those charged with the administration of said Act, shall not be increased, except with the consent of the United States; (2) that any amendment to increase the benefits to lessees of Hawaiian home lands may be made in the constitution, or in the manner required for State legislation, but the qualifications of lessees shall not be changed except with the consent of the United States; and (3) that all proceeds and income from the "available lands”, as defined by said Act, shall be used only in carrying out the provisions of said Act. CASE NOTES Purpose of Homes Commission Act. — Under the Hawaiian Homes Commission Act (HHCA), the federal government set aside certain public lands to be considered Hawaiian home lands, to be utilized in the rehabilitation of native Hawaiians, thereby undertaking a trust obligation benefiting the aboriginal people, and the State of Hawaii assumed this fiduciary obligation upon being admitted into the union as a state. Ahuna v. Department of Hawaiian Home Lands, 64 Haw. 327, 640 P.2d 1161 (1982). Enforcement of rights. -While the management and disposition of the home lands was given over to the State of Hawaii with the incorporation of the Homes Commission Act into the state Constitution. the trust obligation is rooted in federal law, and power to enforce that obligation is contained in federal law. Keaukaha-Panaewa Community Ass'n v. Hawaiian Homes Comm'n. 739 F.2d 1467 (9th Cir. 1984). Enforcement of Homes Commission Act. -The Admission Act does not create an im plied cause of action by which a private party may enforce the duties and obligations imposed by the act. Kesukaha-Panaswa Community Ass'n v. Hawaiian Homes Comm'n, 588 F.2d 1216 (9th Cir. 1978), cert. denied, 444 U.S. 826, 100 S. Ct. 49, 62 L. Ed. 2d 33 (1979). Federal question jurisdiction. — A native Hawaiian tribal body seeking to compel the State of Hawaii to apply the proceeds from the Hawaiian Home Lands Trust to finance the distribution of land for the benefit of native Hawaiians did not qualify for 28 U.S.C. § 1362 jurisdiction. but did qualify for federal question jurisdiction. Price v. Hawaii, 764 F.2d 623 9th Cir. 1985), cert. denied. 474 U.S. 1055, 106 S. Ct. 793. 88 L. Ed. 2d 771, rehearing denied, 475 U.S. 1091. 106 S. Ct. 1482, 89 L. Ed. 2d 736 1986). Cited in Keaukaha-Panaewa Community Ass'n v. Hawaiian Homes Comm'n. 502 F. Supp. 392 (D. Haw. 1980). (a) Except as provided in subsection (c) of this section, the State of Hawaii and its political subdivisions, as the case may be, shall succeed to the title of the Territory of Hawaii and its subdivisions in those lands and other properties in which the Territory and its subdivisions now hold title. (b) Except as provided in subsections (c) and (d) of this section, the United States grants to the State of Hawaii, effective upon its admission into the Union, the United States' title to all the public lands and other public property, and to all lands defined as "available lands” by section 203 of the Hawaiian Homes Commission Act, 1920, as amended, within the boundaries of the State of Hawaii, title to which is held by the United States immediately prior to its admission into the Union. The grant hereby made shall be in lieu of any and all grants provided for new States by provisions of law other than this Act, and such grants shall not extend to the State of Hawaii. (c) Any lands and other properties that, on the date Hawaii is admitted into the Union, are set aside pursuant to law for the use of the United States under any (1) Act of Congress, (2) Executive order, (3) proclamation of the President, or (4) proclamation of the Governor of Hawaii shall remain the property of the United States subject only to the limitations, if any, imposed under (1), (2), (3), or (4), as the case may be. (d) Any public lands or other public property that is conveyed to the State of Hawaii by subsection (b) of this section but that, immediately prior to the admission of said State into the Union, is controlled by the United States pursuant to permit, license, or permission, written or verbal, from the Territory of Hawaii or any department thereof may, at any time during the five years following the admission of Hawaii into the Union, be set aside by Act of Congress or by Executive order of the President, made pursuant to law. for the use of the United States, and the lands or property so set aside shall, subject only to valid rights then existing, be the property of the United States. [Am July 12. 1960, Pub L 86-624. 74 Stat 422] (e) Within five years from the date Hawaii is admitted into the Union, each Federal agency having control over any land or property that is retained by the United States pursuant to subsections (c) and (d) of this section shall report to the President the facts regarding its continued need for such land or property, and if the President determines that the land or property is no longer needed by the United States it shall be conveyed to the State of Hawaii. THE ADMISSION ACT § 5 (f) The lands granted to the State of Hawaii by subsection (b) of this section and public lands retained by the United States under subsections (c) and (d) and later conveyed to the State under subsection (e), together with the proceeds from the sale or other disposition of any such lands and the income therefrom, shall be held by said State as a public trust for the support of the public schools and other public educational institutions, for the betterment of the conditions of native Hawaiians, as defined in the Hawaiian Homes Commission Act, 1920, as amended, for the development of farm and home ownership on as widespread a basis as possible for the making of public improvements, and for the provision of lands for public use. Such lands, proceeds, and income shall be managed and disposed of for one or more of the foregoing purposes in such manner as the constitution and laws of said State may provide, and their use for any other object shall constitute a breach of trust for which suit may be brought by the United States. The schools and other educational institutions supported, in whole or in part out of such public trust shall forever remain under the exclusive control of said State; and no part of the proceeds or income from the lands granted under this Act shall be used for the support of any sectarian or denominational school, college, or university. (g) As used in this Act, the term "lands and other properties" includes public lands and other public property, and the term "public lands and other public property" means, and is limited to, the lands and properties that 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 that have been acquired in exchange for lands or properties so ceded. (h) All laws of the United States reserving to the United States the free use or enjoyment of property which vests in or is conveyed to the State of Hawaii or its political subdivisions pursuant to subsection (a), (b), or (e) of this section or reserving the right to alter, amend, or repeal laws relating thereto shall cease to be effective upon the admission of the State of Hawaii into the Union. (i) The Submerged Lands Act of 1953 (Public Law 31. Eighty-third Congress, first session, 67 Stat. 29) and the Outer Continental Shelf Lands Act of 1953 (Public Law 212. Eighty-third Congress, first session, 67 Stat. 462) shall be applicable to the State of Hawaii, and the said State shall have the same rights as do existing States thereunder. Historical note. The Act of December 23. 1963. Pub. L. 88-233, 77 Stat. 472. provides: "That (axi) whenever after August 21, 1964. any of the public lands and other public property as defined in section 5g) of Public Law 86-3 (73 Stat. 4. 6), or any lands acquired by the Territory of Hawaii and its subdivisions. which are the property of the United States pursuant to section 5(c) or become the propertv of the United States pursuant to section 5d ot Public Law 86-3. except the lands aaministered pursuant to the Act of August 25. 1916 39 Stat. 535), as amended, and (ii) whenever any of the lands of the United States on Sand Island. including the reet lands in connection therewith. in the city and county of Honolulu. are determined to be surplus property by the Administrator of General Services (hereinafter referred to as the "Administrator") with the concurrence of the head of the department or agency exercising administration or control ..ver such lands and property, they shall be conveved to the State of Hawaii by the Adminstrator subject to the provisions of this Act. hi Such lands and property shall be conreved without monetary consideration. but -ubiect to such other terms and conditions as he Administrator may prescribe: Provided. That. as a condition precedent to the convey.nce of such lanas. the Administrator shall re quire payment by the State of Hawaii of the estimated fair market value, as determined by the Administrator, of any buildings, structures, and other improvements erected and made on such lands after they were set aside. In the event that the State of Hawaii does not agree to any payment prescribed by the Administrator, he may remove, relocate, and otherwise dispose of any such buildings, structures, and other improvements under other applicable laws, or if the Administrator deter mines that they cannot be removed without substantial damage to them or the lands containing them, he may dispose of them and the landa involved under other applicable laws. but, in such cases he shall pay to the State of Hawaii that portion of any proceeds from such $5 disposal which he estimates to be equal to the value of the lands involved. Nothing in this section shall prevent the disposal by the Administrator under other applicable laws of the lands subject to conveyance to the State of Hawaii under this section if the State of Hawaii so chooses. "Sec. 2. Any lands, property, improvements. and proceeds conveyed or paid to the State of Hawaii under section 1 of this Act shall be considered a part of public trust established by section 5(f) of Public Law 86-3, and shall be subject to the terms and conditions of that trust." Cross references. As to special land and development fund. see i 171-19. CASE NOTES 1. General Consideration. II. Public Lands. III. Homes Commission Act. L GENERAL CONSIDERATION. High seas not within territorial boundaries.-The boundaries of Hawaii are fixed at three nautical miles from the line of ordinary low water surrounding each and every one of the islands composing the State of Hawaii. Beyond that "3-mile" boundary line around each island lie the high seas, which roll unchecked through the channels between the islands. Neither those intervening seas nor the floors thereof are within the boundaries of Hawaii. Civil Aeronautics Bd. v. Island Airlines, 235 F. Supp. 990 (1964), aff'd, 352 F.2d 735 (9th Cir. 1965). Enforcement action by state against United States not allowed. - State's action against the federal budget director, seeking to obtain an order requiring him to withdraw his advice to federal agencies regarding lands obtained by the United States through purchase, condemnation or gift, was a suit against the United States and, absent its consent, could not be maintained by the state. Hawaii v. Gor don. 373 U.S. 57, 83 S. Ct. 1052, 10 L. Ed. 2d 191 (1963). Enforcement by Hou Hawaiian tribe. — Hou Hawaiian tribe did not have either a private cause of action or an implied private cause of action regarding enforcement of this section's trust provisions for the betterment of native Hawaiians. Price v. Hawaii, 764 F.2d 623 9th Cir. 1985), cert. denied. 474 U.S. 1055. 106 S. Ct. 793. 88 L. Ed. 2d 771. rehearing denied. 475 U.S. 1091. 106 S. Ct. 1482, 89 L. Ed. 2d 736 1986). Kaboolawe Island. - The United States did not lose title to Kaboolawe Island when its need for the island allegedly ceased, as the President has never made a discretionary decifore, while the use of the island, one of apparsion that the land is no longer needed. Thereent religious significance, as a bombing target may be regrettable, it could not be blocked, and convictions for illegal trespass could not be overturned on the ground that the government was without title to the island. United States v. Mowat, 582 F.2d 1194 (9th Cir.), cert. denied, 439 U.S. 967, 99 S. Ct. 458, 58 L. Ed. 2d 436 (1978). Cited in Keaukaha-Panaswa Community Ass'n v. Hawaiian Homes Commission, 502 F. Supp. 392 (D. Haw. 1980); Hoohull v. Ariyoshi. 631 F. Supp. 1153 (D. Haw. 1986); Trustees of Hawaiian Affairs v. Yamasaki, Haw. 737 P.2d 446 (1987). IL PUBLIC LANDS. Public lands held in trust for people. Excepting lands set aside for federal purposes. the equitable ownership of public land in Hawaii has always been in its people. Upon admission, trusteeship to such land was transferred to the state, and such land has remained in public trust since that time. State ex rel. Kobayashi v. Zimring. 58 Haw. 106, 566 P.2d 725 (1977). Lands included in the public trust. — Under subsection (f), the United States conveyed the bulk of its Hawaiian land holdings to the newly formed state. with the instruction that the lands and all property subsequently conveyed by the United States to the state be held |