Be it enacted by the Senate and Houseof Representatives of the United States of America in Congress assembled,That, subject to the provisions of this Act, and upon issuance of the proclamationrequired by section 7(c) of this Act, the State of Hawaii is hereby declaredto be a State of the United States of America, is declared admitted intothe Union on an equal footing with the other States in all respects whatever,and the constitution formed pursuant to the provisions of the Act of theTerritorial Legislature of Hawaii entitled "An Act to provide fora constitutional convention, the adoption of a State constitution, andthe forwarding of the same to the Congress of the United States, and appropriatingmoney therefor", approved May 20, 1949 (Act 334, Session Laws of Hawaii,1949), and adopted by a vote of the people of Hawaii in the election heldon November 7, 1950, is hereby found to be republican in form and in conformitywith the Constitution of the United States and the principles of the Declarationof Independence, and is hereby accepted, ratified, and confirmed.

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     Legislative powers. - As to mattersstrictly of state cognizance, the legislative power of the state is complete,unhampered by any congressional enactments even if accepted upon the admissionof the state, for each state is admitted on an equal footing with the others.In re Island Airlines, 44 Haw. 634, 361 P.2d 390, rehearing denied, 44Haw. 683, 361 P.2d 401 (1961).

     Enforcement of act. - The AdmissionAct does not contain a sufficiently comprehensive enforcement scheme toforeclose a federal 42 U.S.C. § 1983 remedy. Keaukaha-Panaewa CommunityAss'n v. Hawaiian Homes Comm'n, 739 F.2d 1467 (9th Cir. 1984).

     Interisland air travel. - The stateis not denied equal footing in the federal union by reason of Civil AeronauticsBoard control over interisland air travel. Island Airlines v. Civil AeronauticsBd., 363 F.2d 120 (9th Cir. 1966).

     Cited in Bailey's Bakery, Ltd.v. Continental Baking Co., 235 F. Supp. 705 (D. Haw. 1964); Robinson v.Ariyoshi, 441 F. Supp. 559 (D. Haw. 1977).

     Hawaii Bar Journal.
Article, The Demise of the Hawaiian Kingdom: A Psycho-Cultural Analysisand Moral Legacy (Something Lost, Something Owed), 18 Haw. B.J. 3 (1983).

§ 2.

     The State of Hawaii shall consist of allthe islands, together with their appurtenant reefs and territorial waters,included in the Territory of Hawaii on the date of enactment of this Act,except the atoll known as Palmyra Island, together with its appurtenantreefs and territorial waters, but said State shall not be deemed to includethe Midway Islands, Johnston Island, Sand Island (off-shore from JohnstonIsland), or Kingman Reef, together with their appurtenant reefs and territorialwaters.

     "Territorial waters" construed.- The term "territorial waters" has a uniformly well understoodmeaning and application. The term includes (1) the water area comprisingboth inland waters (rivers, lakes and true bays, etc.) and (2) the watersextending seaward three nautical miles from the coast line, i.e., the lineof ordinary low water (ofttimes called the "territorial sea").Seaward of that three-mile territorial sea lie the high seas. Civil AeronauticsBd. v. Island Airlines, 235 F. Supp. 990 (D. Haw. 1964), aff'd, 352 F.2d735 (9th Cir. 1965).

     As to inclusion of territorial waterswithin the boundaries of the state, see, In re Island Airlines, 47Haw. 1, 384 P.2d 536 (1963); see also, 47 Haw. 87, 384 P.2d 552 (1963).

     "High seas" not territorialwaters. - The high seas over which interisland flights are made are"a place" within the statute defining the jurisdiction of theCivil Aeronautics Board over interstate air transportation. The language"the air space over any place" outside a state makes interstatecommerce transportation between points in the same state over a foreigncountry or the high seas as well as over another state. Island Airlinesv. Civil Aeronautics Bd., 352 F.2d 735 (9th Cir. 1965).

     Channels not within boundaries.- Congress did not establish the channels between the islands as withinthe state boundaries. Island Airlines v. Civil Aeronautics Bd., 352 F.2d735 (9th Cir. 1965).

     Historic waters not claimed. -The State of Hawaii, both in coming into union with and in its annexationto the United States, did not consider or insist that the channels betweenthe various islands of Hawaii were historic waters acquired by Hawaii byprescription. Island Airlines v. Civil Aeronautics Bd., 352 F.2d 735 (9thCir. 1965).

      Jurisdiction over the surroundingocean waters is no greater nor less than that given to every otherstate of the union bordering upon the sea. Civil Aeronautics Bd. v. IslandAirlines, 235 F. Supp. 990 (D. Haw. 1964), aff'd, 352 F.2d 735 (9th Cir.1965).

     Federal control of interisland flights.- The Admission Act does not take away any internal rights of Hawaii tocontrol its intrastate commerce, although interisland flights carryingpersons or property in interstate air commerce are subject to jurisdictionby a federal agency. Civil Aeronautics Bd. v. Island Airlines, 235 F. Supp.990 (D. Haw. 1964), aff'd, 352 F.2d 735 (9th Cir. 1965).

     University of Hawaii Law Review.
Comment, State-Federal Jurisdictional Conflict over the Internal Watersand Submerged Lands of the Northwestern Hawaiian Islands, 4 U. Haw. L.Rev. 139 (1982).

§ 3.

     The constitution of the State of Hawaiishall always be republican in form and shall not be repugnant to the Constitutionof the United States and the principles of the Declaration of Independence.

§ 4.

     As a compact with the United States relatingto the management and disposition of the Hawaiian home lands, the Hawaiian Homes Commission Act, 1920, as amended, shall be adopted as a provisionof the Constitution of said State, as provided in section7, subsection (b) of this Act, subject to amendment or repeal onlywith 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 provisionsrelating to administration, and paragraph (2) of section 204, sections206 and 212, and other provisions relating to the powers and duties ofofficers other than those charged with the administration of said Act,may be amended in the constitution, or in the manner required for Statelegislation, but the Hawaiian home-loan fund, the Hawaiian home-operatingfund, and the Hawaiian home-development fund shall not be reduced or impairedby any such amendment, whether made in the constitution or in the mannerrequired for State legislation, and the encumbrances authorized to be placedon Hawaiian home lands by officers other than those charged with the administrationof said Act, shall not be increased, except with the consent of the UnitedStates; (2) that any amendment to increase the benefits to lessees of Hawaiianhome lands may be made in the constitution, or in the manner required forState legislation, but the qualifications of lessees shall not be changedexcept with the consent of the United States; and (3) that all proceedsand income from the "available lands", as defined by said Act,shall be used only in carrying out the provisions of said Act.

     Purpose of Homes Commission Act.- Under the Hawaiian Homes Commission Act (HHCA), the federal governmentset aside certain public lands to be considered Hawaiian home lands, tobe utilized in the rehabilitation of native Hawaiians, thereby undertakinga trust obligation benefiting the aboriginal people, and the State of Hawaiiassumed this fiduciary obligation upon being admitted into the union asa state. Ahuna v. Department of Hawaiian Home Lands, 64 Haw. 327, 640 P.2d1161 (1982).

     Enforcement of rights. - Whilethe management and disposition of the home lands was given over to theState of Hawaii with the incorporation of the Homes Commission Act intothe state Constitution, the trust obligation is rooted in federal law,and power to enforce that obligation is contained in federal law. Keaukaha-PanaewaCommunity 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 implied cause of action by whicha private party may enforce the duties and obligations imposed by the act.Keaukaha-Panaewa 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. 2d33 (1979).

     Federal question jurisdiction.- A native Hawaiian tribal body seeking to compel the State of Hawaii toapply the proceeds from the Hawaiian Home Lands Trust to finance the distributionof 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, reh'g denied, 475 U.S. 1091, 106 S. Ct.1482, 89 L. Ed. 2d 736 (1986).

     "Public land trust" unrelatedto "homelands." - The "public land trust" createdby the Hawaiian Constitution does not include the homelands. Consequently,the trust proceeds granted to the Office of Hawaiian Affairs are unrelatedto the homelands. Price v. Akaka, 928 F.2d 824 (9th Cir. 1990), cert. denied,502 U.S. 967, 112 S. Ct. 436, 116 L. Ed. 2d 455 (1991).

     Hawaii's management of "homelands"limited. - Among the lands expressly conveyed by § 5(b) were thoseknown as the Hawaiian "homelands." A "compact" betweenHawaii and the United States strictly limits the manner in which Hawaiimay manage the homelands and the income they produce. Price v. Akaka, 928F.2d 824 (9th Cir. 1990), cert. denied, 502 U.S. 967, 112 S. Ct. 436, 116L. Ed. 2d 455 (1991).

     Cited in Keaukaha-Panaewa CommunityAss'n ex rel. Kalanui v. Hawaiian Homes Comm'n, 502 F. Supp. 392 (D. Haw.1980).

     For a discussion of the mode for amendingthe Hawaiian Homes Commission Act, see Op. Att'y Gen. No. 61-21 (1961).

     University of Hawaii Law Review.
Article, The Constitutionality of the Office of Hawaiian Affairs, 7 U.Haw. L. Rev. 63 (1985).

§ 5.

      (a) Exceptas provided in subsection (c) of this section, theState of Hawaii and its political subdivisions, as the case may be, shallsucceed to the title of the Territory of Hawaii and its subdivisions inthose lands and other properties in which the Territory and its subdivisionsnow hold title.

     (b) Except as providedin subsections (c) and (d)of this section, the United States grants to the State of Hawaii, effectiveupon its admission into the Union, the United States' title to all thepublic lands and other public property, and to all lands defined as "availablelands" by section 203 of the Hawaiian Homes Commission Act, 1920,as amended, within the boundaries of the State of Hawaii, title to whichis held by the United States immediately prior to its admission into theUnion. The grant hereby made shall be in lieu of any and all grants providedfor new States by provisions of law other than this Act, and such grantsshall not extend to the State of Hawaii.

     (c) Any lands andother properties that, on the date Hawaii is admitted into the Union, areset 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 propertyof 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 landsor 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 saidState into the Union, is controlled by the United States pursuant to permit,license, or permission, written or verbal, from the Territory of Hawaiior any department thereof may, at any time during the five years followingthe admission of Hawaii into the Union, be set aside by Act of Congressor by Executive order of the President, made pursuant to law, for the useof the United States, and the lands or property so set aside shall, subjectonly 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 yearsfrom the date Hawaii is admitted into the Union, each Federal agency havingcontrol over any land or property that is retained by the United Statespursuant to subsections (c) and (d)of this section shall report to the President the facts regarding its continuedneed for such land or property, and if the President determines that theland or property is no longer needed by the United States it shall be conveyedto the State of Hawaii.

     (f) The lands grantedto the State of Hawaii by subsection (b) of thissection and public lands retained by the United States under subsections(c) and (d) and later conveyedto the State under subsection (e), together withthe proceeds from the sale or other disposition of any such lands and theincome therefrom, shall be held by said State as a public trust for thesupport of the public schools and other public educational institutions,for the betterment of the conditions of native Hawaiians, as defined inthe Hawaiian Homes Commission Act, 1920, as amended, for the developmentof farm and home ownership on as widespread a basis as possible for themaking of public improvements, and for the provision of lands for publicuse. Such lands, proceeds, and income shall be managed and disposed offor one or more of the foregoing purposes in such manner as the constitutionand laws of said State may provide, and their use for any other objectshall constitute a breach of trust for which suit may be brought by theUnited States. The schools and other educational institutions supported,in whole or in part out of such public trust shall forever remain underthe exclusive control of said State; and no part of the proceeds or incomefrom the lands granted under this Act shall be used for the support ofany sectarian or denominational school, college, or university.

     (g) As used in thisAct, the term "lands and other properties" includes public landsand other public property, and the term "public lands and other publicproperty" means, and is limited to, the lands and properties thatwere ceded to the United States by the Republic of Hawaii under the jointresolution of annexation approved July 7, 1898 (30 Stat. 750), or thathave been acquired in exchange for lands or properties so ceded.

     (h) All laws of theUnited States reserving to the United States the free use or enjoymentof property which vests in or is conveyed to the State of Hawaii or itspolitical subdivisions pursuant to subsection (a),(b), or (e) of this sectionor reserving the right to alter, amend, or repeal laws relating theretoshall cease to be effective upon the admission of the State of Hawaii intothe Union.

     (i) The SubmergedLands Act of 1953 (Public Law 31, Eighty-third Congress, first session,67 Stat. 29) and the Outer Continental Shelf Lands Act of 1953 (PublicLaw 212, Eighty-third Congress, first session, 67 Stat. 462) shall be applicableto the State of Hawaii, and the said State shall have the same rights asdo existing States thereunder.

     Historical note. - The Act of December23, 1963, Pub. L. 88-233, 77 Stat. 472, provides:

     "That (a)(i) whenever after August21, 1964, any of the public lands and other public property as definedin section 5(g) of Public Law 86-3 (73 Stat. 4, 6), or any lands acquiredby the Territory of Hawaii and its subdivisions, which are the propertyof the United States pursuant to section 5(c) or become the property ofthe United States pursuant to section 5(d) of Public Law 86-3, except thelands administered pursuant to the Act of August 25, 1916 (39 Stat. 535),as amended, and (ii) whenever any of the lands of the United States onSand Island, including the reef lands in connection therewith, in the cityand county of Honolulu, are determined to be surplus property by the Administratorof General Services (hereinafter referred to as the "Administrator")with the concurrence of the head of the department or agency exercisingadministration or control over such lands and property, they shall be conveyedto the State of Hawaii by the Administrator subject to the provisions ofthis Act.

     "(b) Such lands and property shallbe conveyed without monetary consideration, but subject to such other termsand conditions as the Administrator may prescribe: Provided, That, as acondition precedent to the conveyance of such lands, the Administratorshall require payment by the State of Hawaii of the estimated fair marketvalue, as determined by the Administrator, of any buildings, structures,and other improvements erected and made on such lands after they were setaside. In the event that the State of Hawaii does not agree to any paymentprescribed by the Administrator, he may remove, relocate, and otherwisedispose of any such buildings, structures, and other improvements underother applicable laws, or if the Administrator determines that they cannotbe removed without substantial damage to them or the lands containing them,he may dispose of them and the lands involved under other applicable laws,but, in such cases he shall pay to the State of Hawaii that portion ofany proceeds from such disposal which he estimates to be equal to the valueof the lands involved. Nothing in this section shall prevent the disposalby the Administrator under other applicable laws of the lands subject toconveyance to the State of Hawaii under this section if the State of Hawaiiso chooses.

     "Sec. 2. Any lands, property, improvements,and proceeds conveyed or paid to the State of Hawaii under section 1 ofthis Act shall be considered a part of public trust established by section5(f) of Public Law 86-3, and shall be subject to the terms and conditionsof that trust."

     Cross References. - As to specialland and development fund, see § 171-19.

I. General Consideration.
II. Public Lands.
III. Homes Commission Act.

     Enforcement of Act by private person.- The Admission Act does not create an implied cause of action by whicha private party may enforce the duties and obligations imposed by the act.Keaukaha-Panaewa 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. 2d33 (1979).

    History of the Admission Act. - For abrief discussion regarding the history of the Admission Act, the Officeof Hawaiian Affairs, and the laws relating thereto, including this section,see Price v. Akaka, 928 F.2d 824 (9th Cir. 1990).

    Common law is not controlling. - Nothingin this section indicates that the parties to the compact agreed that allprovisions of the common law of trusts would manacle the state as it attemptedto deal with the vast quantity of land conveyed to it. Price v. Hawaii,921 F.2d 950 (9th Cir. 1990), cert. denied, 502 U.S. 967, 112 S. Ct. 436,116 L. Ed. 2d 455 (1991).

     Enforcement under 42 U.S.C. §1983. - Congress enacted this act, a federal public trust, which byits nature creates a right enforceable under 42 U.S.C. § 1983 forits beneficiaries to maintain an action against the trustee in breach ofthe trust. Price v. Akaka, 3 F.3d 1220 (9th Cir. 1993), cert. denied, U.S., 114 S. Ct. 1645, 128 L. Ed. 2d 365 (1994).

     Standing to allege action under 42U.S.C. § 1983. - Plaintiffs, who were among the class of §5(f) beneficiaries whose welfare was the object of the action at issue,had standing to seek redress under 42 U.S.C. § 1983 alleging thatthe trustees of the § 5(b) trust breached theirfiduciary duties under the Admission Act by expending trust funds for purposesother than those set out in § 5(f). Price v.Akaka, 3 F.3d 1220 (9th Cir. 1993), cert. denied, U.S. , 114 S. Ct. 1645,128 L. Ed. 2d 365 (1994).

     High seas not within territorial boundaries.- The boundaries of Hawaii are fixed at three nautical miles from the lineof ordinary low water surrounding each and every one of the islands composingthe State of Hawaii. Beyond that "3-mile" boundary line aroundeach island lie the high seas, which roll unchecked through the channelsbetween the islands. Neither those intervening seas nor the floors thereofare within the boundaries of Hawaii. Civil Aeronautics Bd. v. Island Airlines,235 F. Supp. 990 (D. Haw. 1964), aff'd, 352 F.2d 735 (9th Cir. 1965).

     Enforcement action by state againstUnited States not allowed. - State's action against the federal budgetdirector, seeking to obtain an order requiring him to withdraw his adviceto federal agencies regarding lands obtained by the United States throughpurchase, condemnation or gift, was a suit against the United States and,absent its consent, could not be maintained by the state. Hawaii v. Gordon,373 U.S. 57, 83 S. Ct. 1052, 10 L. Ed. 2d 191 (1963).

     Qualified immunity. - Officialsalleged to have violated section 5(f) in that theyallocated lands or funds to various state entities, failed to segregateassets, and were not prudent enough investors, were entitled to qualifiedimmunity, since suit sought to assert rights that did not exist as a matterof federal law and at the time they acted, the contours of federal lawhad not been established. Price v. Hawaii, 921 F.2d 950 (9th Cir. 1990),cert. denied, 502 U.S. 967, 112 S. Ct. 436, 116 L. Ed. 2d 455 (1991).

     Trustees for the Office of HawaiianAffairs were entitled to qualified immunity as to plaintiffs' claimsthat they violated the Admission Act by improperly managing, administering,and expending § 5(f) funds for the Single DefinitionReferendum which questioned the fifty per cent or more blood quantum requirementfor native Hawaiian status. Price v. Akaka, 3 F.3d 1220 (9th Cir. 1993),cert. denied, U.S. , 114 S. Ct. 1645, 128 L. Ed. 2d 365 (1994).

     Limitation on uses. - Subsection(f) directs unequivocally that the lands conveyedto Hawaii in subsection (b), and the income producedby them, "shall be managed and disposed of for one or more" offive stated purposes. Where the Office of Hawaiian Affairs share of "publictrust" income derives directly from the subsection (b)lands, subsection (f)'s limitation uses applies tothat income. Price v. Akaka, 928 F.2d 824 (9th Cir. 1990), cert. denied,502 U.S. 967, 112 S. Ct. 436, 116 L. Ed. 2d 455 (1991).

     Enforcement by Hou Hawaiian tribe.- Hou Hawaiian tribe did not have either a private cause of action or animplied private cause of action regarding enforcement of this section'strust 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, reh'g denied, 475 U.S. 1091, 106 S. Ct. 1482, 89 L. Ed.2d 736 (1986).

     Kahoolawe Island. - The UnitedStates did not lose title to Kahoolawe Island when its need for the islandallegedly ceased, as the President has never made a discretionary decisionthat the land is no longer needed. Therefore, while the use of the island,one of apparent religious significance, as a bombing target may be regrettable,it could not be blocked, and convictions for illegal trespass could notbe overturned on the ground that the government was without title to theisland. 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-Panaewa CommunityAss'n ex rel. Kalanui v. Hawaiian Homes Comm'n, 502 F. Supp. 392 (D. Haw.1980); Hoohuli v. Ariyoshi, 631 F. Supp. 1153 (D. Haw. 1986); Trusteesof Office of Hawaiian Affairs v. Yamasaki, 69 Haw. 154, 737 P.2d 446 (1987);Hawaii ex rel. Att'y Gen. ex rel. Dep't of Hawaiian Home Lands v. UnitedStates, 676 F. Supp. 1024 (D. Haw. 1988).

     Public lands held in trust for people.- Excepting lands set aside for federal purposes, the equitable ownershipof public land in Hawaii has always been in its people. Upon admission,trusteeship to such land was transferred to the state, and such land hasremained in public trust since that time. State ex rel. Kobayashi v. Zimring,58 Haw. 106, 566 P.2d 725 (1977).

     "Public trust" construed.- It cannot be said that section 5(f) generally createsa trust which demands the exacting standards of administration that theUnited States has often imposed upon itself when it is dealing with NativeAmericans. It would be error to read the words "public trust"to require that the state adopt any particular method and form of managementfor the ceded lands. Price v. Hawaii, 921 F.2d 950 (9th Cir. 1990), cert.denied, 502 U.S. 967, 112 S. Ct. 436, 116 L. Ed. 2d 455 (1991).

     Lands included in the public trust.- Under subsection (f), the United States conveyedthe bulk of its Hawaiian land holdings to the newly formed state, withthe instruction that the lands and all property subsequently conveyed bythe United States to the state be held by the state as a public trust;the lands which had already been reserved for disposition by the Hawaiianhomes commission under the Hawaiian Homes Commission Act of 1920 were includedin the subsection (f) trust. Price v. Hawaii, 764F.2d 623 (9th Cir. 1985), cert. denied, 474 U.S. 1055, 106 S. Ct. 793,88 L. Ed. 2d 771, reh'g denied, 475 U.S. 1091, 106 S. Ct. 1482, 89 L. Ed.2d 736 (1986).

     If acreage became submerged land becauseof natural erosion after 1898 and before being altered by the actions ofthe property owner, then that subject to the terms of the public trustprovisions. Napeahi v. Paty, 921 F.2d 897 (9th Cir. 1990), cert. denied,502 U.S. 901, 112 S. Ct. 278, 116 L. Ed. 2d 230 (1991).

     State authority to sell ceded lands.- Under the Admission Act and the Constitution the State is authorizedto sell ceded lands and the 1978 amendments to the State Constitution donot alter the State's authority., Op. Att'y Gen. No. 95-03 (1995).

     Proceeds of sale of ceded lands.- Any proceeds of the sale or disposition of ceded lands must be returnedto the trust and held by the State for use for one or more of the fivepurposes set forth in subsection (f)., Op. Att'yGen. No. 95-03 (1995).

     Federal courts ultimately determine§ 5(f) uses. - Although it is not for federalcourts to declare that certain methods of holding, managing, and accountingfor the ceded lands and income must be followed by the state and its officials,that does not mean that the state can do what it likes with the propertyand the income. Rather, the federal courts must ultimately determine whetherthe property has been diverted from section 5(f)purposes. Price v. Hawaii, 921 F.2d 950 (9th Cir. 1990), cert. denied,502 U.S. 967, 112 S. Ct. 436, 116 L. Ed. 2d 455 (1991).

     A claim may be brought pursuant to42 U.S.C. § 1983 to enforce federal rights created by §5(f) of the Hawaii Admission Act although the Admission Act itselfdoes not create an implied right of action under which a party could enforcethe duties and obligations created by the Act in federal court. Pele DefenseFund v. Paty, 73 Haw. 578, 837 P.2d 1247 (1992), cert. denied, 507 U.S.918, 113 S. Ct. 1277, 122 L. Ed. 2d 671 (1993).

     The statute of limitations for a breachof the Hawaii Admission Act § 5(f) trust, broughtunder 42 U.S.C. § 1983, runs from the date that the cause of actionaccrues - that is, when plaintiff discovered or should have discoveredthe breach of trust, the injury to plaintiff, and the connection betweenthe breach and the injury. Pele Defense Fund v. Paty, 73 Haw. 578, 837P.2d 1247 (1992), cert. denied, 507 U.S. 918, 113 S. Ct. 1277, 122 L. Ed.2d 671 (1993).

     Suit brought by environmental corporationto enforce compliance with trust provisions. - A multiplicity of suitscould be avoided by allowing environmental defense corporation to sue toenforce the state's compliance with this section's trust provisions, becausegranting a remedy to corporation would also provide relief to its membersand other trust beneficiaries. Additionally, unless members of the publicand native Hawaiians, as beneficiaries of the trust, had standing, thestate would be free to dispose of the trust res without the citizens ofthe state having any recourse. Pele Defense Fund v. Paty, 73 Haw. 578,837 P.2d 1247 (1992), cert. denied, 507 U.S. 918, 113 S. Ct. 1277, 122L. Ed. 2d 671 (1993).

     A suit brought to protect the res of thepublic lands trust, and thereby enforce the mandates of article XII, §4 of the Hawaii Constitution is appropriate in Hawaii courts. Article XII,§ 4 imposes a fiduciary duty on Hawaii's officials to hold ceded landsin accordance with the Hawaii Admission Act § 5(f)trust provisions, and the citizens of the state must have a means to mandatecompliance. Therefore, a non-profit membership corporation, whose membersare beneficiaries of the public lands trust, may bring suit for the limitedpurpose of enjoining state officials' breach of trust by disposal of trustassets in violation of the Hawaii constitutional and statutory provisionsgoverning the public lands trust. Pele Defense Fund v. Paty, 73 Haw. 578,837 P.2d 1247 (1992), cert. denied, 507 U.S. 918, 113 S. Ct. 1277, 122L. Ed. 2d 671 (1993).

     Where a request to restore the trust statusof former public trust lands by means of a constructive trust was "essentiallyequivalent" to a nullification of the exchange of those lands andthe return of the exchanged lands to the trust res, the effect on the statetreasury would have been direct and unavoidable, rather than ancillary,because imposing a constructive trust on lands now held by a private landownerwould require that the state compensate the landowner for its property.As a result, environmental defense corporation's claims based on the illegalityof the exchange of land were barred by the state's sovereign immunity.Pele Defense Fund v. Paty, 73 Haw. 578, 837 P.2d 1247 (1992), cert. denied,507 U.S. 918, 113 S. Ct. 1277, 122 L. Ed. 2d 671 (1993).

     The right to future lava extensionswas conveyed to the United States at the time of annexation, and anylava extension thereafter created should be considered to be among the"lands and properties that were ceded to the United States by theRepublic of Hawaii under the joint resolution of annexation." Suchland passed to the state pursuant to subsection (b).State ex rel. Kobayashi v. Zimring, 58 Haw. 106, 566 P.2d 725 (1977).

     Enforcement of Homes Commission Actunder federal law. - While the management and disposition of the homelands was given over to the state of Hawaii with the incorporation of thecommission act into the state Constitution, the trust obligation is rootedin federal law, and power to enforce that obligation is contained in federallaw. Keaukaha-Panaewa Community Ass'n v. Hawaiian Homes Comm'n, 739 F.2d1467 (9th Cir. 1984).

     Applicability ofsubsection (f). - The Office of Hawaiian Affairs trust, into whichthe Office of Hawaiian Affairs' share of income derived from subsection(f) of this section was placed, was not considereddistinct from the trust created by subsection (f)of this section; because the funds were still in state hands, the restrictionsfound in subsection (f) of this section applied tothe use or disposal of the income. Price v. Akaka, 928 F.2d 824 (9th Cir.1990), cert. denied, 502 U.S. 967, 112 S. Ct. 436, 116 L. Ed. 2d 455 (1991).

     42 U.S.C. § 1983 actions allowed.- The Admission Act and the Hawaiian Homes Commission Act do not containsufficiently comprehensive remedial devices that would justify a conclusionthat Congress intended to foreclose 42 U.S.C. § 1983 actions. AgedHawaiians v. Hawaiian Homes Comm'n, 78 Haw. 192, 891 P.2d 279 (1995).

     Standing of native Hawaiian. -The fact that the trustees may, consistent with subsection (f), spend theincome for purposes other than to benefit native Hawaiians does not deprivea native Hawaiian of standing to bring his claim. Price v. Akaka, 928 F.2d824 (9th Cir. 1990), cert. denied, 502 U.S. 967, 112 S. Ct. 436, 116 L.Ed. 2d 455 (1991).

     A native Hawaiian has standing to seekredress for past violations of subsection (f) eventhough that redress may not necessarily benefit native Hawaiians. Pricev. Akaka, 928 F.2d 824 (9th Cir. 1990), cert. denied, 502 U.S. 967, 112S. Ct. 436, 116 L. Ed. 2d 455 (1991).

     Where plaintiff alleged that the trusteesexpended the income on purposes other than those listed in subsection(f), he stated a claim to enforce the provisionsof subsection (f) of this section. Price v. Akaka, 928 F.2d 824 (9th Cir.1990), cert. denied, 502 U.S. 967, 112 S. Ct. 436, 116 L. Ed. 2d 455 (1991).

     Allegation held sufficient. - Complainantdid not fail to state a claim when he alleged that trustees of the Officeof Hawaiian Affairs had expended income derived under subsection (b)of this section on purposes other than those listed in subsection (f)of this section. Price v. Akaka, 928 F.2d 824 (9th Cir. 1990).

     Complainants alleging that trustees ofthe Office of Hawaiian Affairs were in violation of this section were assertinga federal right under 42 U.S.C. 1983. Price v. Akaka, 928 F.2d 824 (9thCir. 1990), cert. denied, 502 U.S. 967, 112 S. Ct. 436, 116 L. Ed. 2d 455(1991).

     Applicability of definition of "nativeHawaiians." - The legislature may not, consistent with subsection(f) and Haw. Const., Art. XII, authorize the officeof Hawaiian affairs to use funds derived from the public land trust tobetter the conditions of "Hawaiians," as defined in § 10-2,as distinguished from "native Hawaiians," as defined in subsection(f). Op. Att'y Gen. No. 83-2 (1983)., 502 U.S. 967,112 S. Ct. 436, 116 L. Ed. 2d 455 (1991)cert. denied.

     Hawaii Bar Journal.
Article, A Case for Reparations for Native Hawaiians, 16 Haw. B.J. 13 (1981).

     Keaukaha-Panaewa Community Ass'n v. HawaiianHomes Comm'n, 739 F.2d 1467 (9th Cir. 1984). Article, Hawaiian Reparations:Nothing Lost, Nothing Owed, 17 Haw. B.J. 107 (1982).

     University of Hawaii Law Review.
Comment, Hawaii's Ceded Lands, 3 U. Haw. L. Rev. 101 (1981).

     Comment, State-Federal JurisdictionalConflict over the Internal Waters and Submerged Lands of the NorthwesternHawaiian Islands, 4 U. Haw. L. Rev. 139 (1982).

     1982 Survey, Laws Affecting the Developmentof Ocean Resources in Hawaii, 4 U. Haw. L. Rev. 227 (1982).

     Article, The Constitutionality of theOffice of Hawaiian Affairs, 7 U. Haw. L. Rev. 63 (1985).

     Recent Developments in ConstitutionalLaw: Private Federal Causes of Action to Enforce the Trust of the HawaiianHomes Commission - Keaukaha-Panaewa Community Association v. Hawaiian HomesCommission, 739 F.2d 1467 (9th Cir. 1984), 7 U. Haw. L. Rev. 569 (1985).     

     Note, Hawaii Surface Water Law: An Analysisof Robinson v. Ariyoshi, 8 U. Haw. L. Rev. 603 (1986).

     Courts and the Cultural Performance: NativeHawaiians' Uncertain Federal and State Rights to Sue,, 16 U. Haw. L. Rev.1 (1994).

§ 6.

     As soon as possible after the enactmentof this Act, it shall be the duty of the President of the United Statesto certify such fact to the Governor of the Territory of Hawaii. Thereuponthe Governor of the Territory shall, within thirty days after receipt ofthe official notification of such approval, issue his proclamation forthe elections, as hereinafter provided, for officers of all State electiveoffices provided for by the constitution of the proposed State of Hawaii,and for two Senators and one Representative in Congress. In the first electionof Senators from said State the two senatorial offices shall be separatelyidentified and designated, and no person may be a candidate for both offices.No identification or designation of either of the two senatorial offices,however, shall refer to or be taken to refer to the term of that office,nor shall any such identification or designation in any way impair theprivilege of the Senate to determine the class to which each of the Senatorselected shall be assigned.

     Cited in Davis v. Quinn, 43 Haw.261 (1959).

§ 7.

     (a) The proclamationof the Governor of Hawaii required by section 6 shall provide for the holdingof a primary election and a general election and at such elections theofficers required to be elected as provided in section 6 shall be chosenby the people. Such elections shall be held, and the qualifications ofvoters thereat shall be, as prescribed by the constitution of the proposedState of Hawaii for the election of members of the proposed State legislature.The returns thereof shall be made and certified in such manner as the constitutionof the proposed State of Hawaii may prescribe. The Governor of Hawaii shallcertify the results of said elections, as so ascertained, to the Presidentof the United States.

     (b) At an electiondesignated by proclamation of the Governor of Hawaii, which may be eitherthe primary or the general election held pursuant to subsection (a)of this section, or a territorial general election, or a special election,there shall be submitted to the electors qualified to vote in said election,for adoption or rejection, the following propositions:

     "(1) Shall Hawaii immediatelybe admitted into the Union as a State?

     "(2) The boundariesof the State of Hawaii shall be as prescribed in the

     Act of Congress approved_________________________________________________
                                                                               (Dateof approval of this act)

     and all claims of this Stateto any areas of land or sea outside the boundaries so prescribed are herebyirrevocably relinquished to the United States.

     "(3) All provisionsof the Act of Congress approved _______________________
                                                                                                     (Dateof approval of this act)

     reserving rights or powersto the United States, as well as those prescribing the terms or conditionsof the grants of lands or other property therein made to the State of Hawaiiare consented to fully by said State and its people."
     In the event the foregoing propositions areadopted at said election by a majority of the legal votes cast on saidsubmission, the proposed constitution of the proposed State of Hawaii,ratified by the people at the election held on November 7, 1950, shallbe deemed amended as follows: Section 1 of article XIII of said proposedconstitution shall be deemed amended so as to contain the language of section2 of this Act in lieu of any other language; article XI shall be deemedto include the provisions of section 4 of this Act; and section 8 of articleXIV shall be deemed amended so as to contain the language of the thirdproposition above stated in lieu of any other language, and section 10of article XVI shall be deemed amended by inserting the words "atwhich officers for all state elective offices provided for by this constitutionand two Senators and one Representative in Congress shall be nominatedand elected" in lieu of the words "at which officers for allstate elective offices provided for by this constitution shall be nominatedand elected; but the officers so to be elected shall in any event includetwo Senators and two Representatives to the Congress, and unless and untilotherwise required by law, said Representatives shall be elected at large".

     In the event the foregoing propositionsare not adopted at said election by a majority of the legal votes caston said submission, the provisions of this Act shall cease to be effective.

     The Governor of Hawaii is hereby authorizedand directed to take such action as may be necessary or appropriate toinsure the submission of said propositions to the people. The return ofthe votes cast on said propositions shall be made by the election officersdirectly to the Secretary of Hawaii, who shall certify the results of thesubmission to the Governor. The Governor shall certify the results of saidsubmission, as so ascertained, to the President of the United States.

     (c) If the Presidentshall find that the propositions set forth in the preceding subsectionhave been duly adopted by the people of Hawaii, the President, upon certificationof the returns of the election of the officers required to be elected asprovided in section 6 of this Act, shall thereupon issue his proclamationannouncing the results of said election as so ascertained.

     Upon the issuance of said proclamationby the President, the State of Hawaii shall be deemed admitted into theUnion as provided in section 1 of this Act. Until the said State is soadmitted into the Union, the persons holding legislative, executive, andjudicial office in, under, or by authority of the government of said Territory,and the Delegate in Congress thereof, shall continue to discharge the dutiesof their respective offices. Upon the issuance of said proclamation bythe President of the United States and the admission of the State of Hawaiiinto the Union, the officers elected at said election, and qualified underthe provisions of the constitution and laws of said State, shall proceedto exercise all the functions pertaining to their offices in, under, orby authority of the government of said State, and officers not requiredto be elected at said initial election shall be selected or continued inoffice as provided by the constitution and laws of said State. The Governorof said State shall certify the election of the Senators and Representativesin the manner required by law, and the said Senators and Representativesshall be entitled to be admitted to seats in Congress and to all the rightsand privileges of Senators and Representatives of other States in the Congressof the United States.

      Validity of initial apportionment.- The Admission Act, permitting Hawaii to vote upon statehood and electstate officials, required that members of the house of representativesof the first state legislature be elected on a reapportioned basis as requiredby the Constitution for the proposed State of Hawaii. The reapportionmentmade by the territorial governor pursuant to the laws of the territorywas, therefore, in accordance with the provisions of the Constitution byreference incorporated in Public Law 86-3 and the mandate of Congress thereinand in Public Law 895 of the 84th Congress. Davis v. Quinn, 43 Haw. 261(1959).

     Effect of voter approval of propositions.- When the people of Hawaii voted on the three propositions stated in subsection(b), they agreed to the conditions found in § 4 with respect to theHawaii Homes Commission Act and no other conditions, so Haw. Const., Art.XII was automatically amended to include § 4 of the Admission Actas § 3 of Art. XII, but Haw. Const., Art. XII could be amended bydeleting §§ 1 and 2, which were not part of the compact withthe United States, without the consent of the United States. Op. Att'yGen. No. 68-18 (1968).

     For a discussion of the mode for amendingthe Hawaiian Homes Commission Act, see Op. Att'y Gen. No. 61-21 (1961).

§ 8.

     The State of Hawaii upon its admissioninto the Union shall be entitled to one Representative until the takingeffect of the next reapportionment, and such Representative shall be inaddition to the membership of the House of Representatives as now prescribedby law: Provided, That such temporary increase in the membership shallnot operate to either increase or decrease the permanent membership ofthe House of Representatives as prescribed in the Act of August 8, 1911(37 Stat. 13), nor shall such temporary increase affect the basis of apportionmentestablished by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C., §2a), for the Eighty-third Congress and each Congress thereafter.

§ 9.

     Effective upon the admission of the Stateof Hawaii into the Union -

     (a) the United States District Court forthe District of Hawaii established by and existing under title 28 of theUnited States Code shall henceforth be a court of the United States withjudicial power derived from article III, section 1, of the Constitutionof the United States; Provided, however, That the terms of office of thedistrict judges for the District of Hawaii then in office shall terminateupon the effective date of this section and the President, pursuant tosections 133 and 134 of title 28, United States Code, as amended by thisAct, shall appoint, by and with the advice and consent of the Senate, twodistrict judges for the said district who shall hold office during goodbehavior;

     (b) the last paragraph of section 133of title 28, United States Code, is repealed; and

     (c) subsection (a) of section 134 of title28, United States Code, is amended by striking out the words "Hawaiiand". The second sentence of the same section is amended by strikingout the words "Hawaii and", "six and", and "respectively".

§ 10. Statute text Effective upon theadmission of the State of Hawaii into the Union the second paragraph ofsection 451 of title 28, United States Code, is amended by striking outthe words "including the district courts of the United States forthe districts of Hawaii and Puerto Rico," and inserting in lieu thereofthe words "including the United States District for the District ofPuerto Rico,".

§ 11. Statute text Effective upon theadmission of the State of Hawaii into the Union -

     (a) the last paragraph of section 501of title 28, United States Code, is repealed;

     (b) the first sentence of subsection (a)of section 504 of title 28, United States Code, is amended by strikingout at the end thereof the words ", except in the District of Hawaii,where the term shall be six years";

     (c) the first sentence of subsection (c)of section 541 of title 28, United States Code, is amended by strikingout at the end thereof the words ", except in the District of Hawaiiwhere the term shall be six years"; and

     (d) subsection (d) of section 541 of title28, United States Code is repealed.

     Cross References. - See Pub. L.89-554, 80 Stat. 378, 660.

§ 12.

     No writ, action, indictment, cause, orproceeding pending in any court of the Territory of Hawaii or in the UnitedStates District Court for the District of Hawaii shall abate by reasonof the admission of said State into the Union, but the same shall be transferredto and proceeded with in such appropriate State courts as shall be establishedunder the constitution of said State, or shall continue in the United StatesDistrict Court for the District of Hawaii, as the nature of the case mayrequire. And no writ, action, indictment, cause or proceeding shall abateby reason of any change in the courts, but shall be proceeded with in theState or United States courts according to the laws thereof, respectively.And the appropriate State courts shall be the successors of the courtsof the Territory as to all cases arising within the limits embraced withinthe jurisdiction of such courts, respectively, with full power to proceedwith the same, and award mesne or final process therein, and all the files,records, indictments, and proceedings relating to any such writ, action,indictment, cause or proceeding shall be transferred to such appropriateState courts and the same shall be proceeded with therein in due courseof law.

     All civil causes of action and all criminaloffenses which shall have arisen or been committed prior to the admissionof said State, but as to which no writ, action, indictment or proceedingshall be pending at the date of such admission, shall be subject to prosecutionin the appropriate State courts or in the United States District Courtfor the District of Hawaii in like manner, to the same extent, and withlike right of appellate review, as if said State had been created and saidState courts had been established prior to the accrual of such causes ofaction or the commission of such offenses. The admission of said Stateshall effect no change in the substantive or criminal law governing suchcauses of action and criminal offenses which shall have arisen or beencommitted; and such of said criminal offenses as shall have been committedagainst the laws of the Territory shall be tried and punished by the appropriatecourts of said State, and such as shall have been committed against thelaws of the United States shall be tried and punished in the United StatesDistrict Court for the District of Hawaii.

     Cited in In re Sawyer, 274 F.2d356 (9th Cir. 1959).

§ 13. Statute text Parties shall havethe same rights of appeal from and appellate review of final decisionsof the United States District Court for the District of Hawaii or the SupremeCourt of the Territory of Hawaii in any case finally decided prior to admissionof said State into the Union, whether or not an appeal therefrom shallhave been perfected prior to such admission, and the United States Courtof Appeals for the Ninth Circuit and the Supreme Court of the United Statesshall have the same jurisdiction therein, as by law provided prior to admissionof said State into the Union, and any mandate issued subsequent to theadmission of said State shall be to the United States District Court forthe District of Hawaii or a court of the State, as may be appropriate.Parties shall have the same rights of appeal from and appellate reviewof all orders, judgments, and decrees of the United States District Courtfor the District of Hawaii and of the Supreme Court of the State of Hawaiias successor to the Supreme Court of the Territory of Hawaii, in any casepending at the time of admission of said State into the Union, and theUnited States Court of Appeals for the Ninth Circuit and the Supreme Courtof the United States shall have the same jurisdiction therein, as by lawprovided in any case arising subsequent to the admission of said Stateinto the Union.

     Cited in Advertiser PublishingCo. v. Fase, 279 F.2d 636 (9th Cir. 1960); G.E.M. Sundries Co. v. Johnson& Johnson, Inc., 283 F.2d 86 (9th Cir. 1960); Duarte v. Bank of Haw.,287 F.2d 51 (9th Cir. 1961).

§ 14.

     Effective upon the admission of the Stateof Hawaii into the Union -

     (a) title 28, United States Code, section1252, is amended by striking out "Hawaii and" from the clauserelating to courts of record;

     (b) title 28, United States Code, section1293, is amended by striking out the words "First and Ninth Circuits"and by inserting in lieu thereof "First Circuit", and by strikingout the words, "supreme courts of Puerto Rico and Hawaii, respectively"and inserting in lieu thereof, "supreme court of Puerto Rico";

     (c) title 28, United States Code, section1294, as amended, is further amended by striking out paragraph (4) thereofand by renumbering paragraphs (5) and (6) accordingly;

    (d) the first paragraph of section 373 of title28, United States Code, as amended, is further amended by striking outthe words "United States District Courts for the districts of Hawaiior Puerto Rico," and inserting in lieu thereof the words "UnitedStates District Court for the District of Puerto Rico,"; and by strikingout the words "and any justice of the Supreme Court of the Territoryof Hawaii": Provided, That the amendments made by this subsectionshall not affect the rights of any judge or justice who may have retiredbefore the effective date of this subsection: And provided further, Thatservice as a judge of the District Court for the Territory of Hawaii oras a judge of the United States District Court for the District of Hawaiior as a justice of the Supreme Court of the Territory of Hawaii or as ajudge of the circuit courts of the Territory of Hawaii shall be includedin computing under section 371, 372, or 373 of title 28, United StatesCode, the aggregate years of judicial service of any person who is in officeas a district judge for the District of Hawaii on the date of enactmentof this Act;

     (e) section 92 of the Act of April 30,1900 (ch. 339, 31 Stat. 159), as amended, and the Act of May 29, 1928 (ch.904, 45 Stat. 997), as amended, are repealed;

     (f ) section 86 of the Act approved April30, 1900 (ch. 339, 31 Stat. 158), as amended, is repealed;

     (g) section 3771 of title 18, United StatesCode, as heretofore amended, is further amended by striking out from thefirst paragraph of such section the words "Supreme Courts of Hawaiiand Puerto Rico" and inserting in lieu thereof the words "SupremeCourt of Puerto Rico";

     (h) section 3772 of title 18, United StatesCode, as heretofore amended, is further amended by striking out from thefirst paragraph of such section the words "Supreme Courts of Hawaiiand Puerto Rico" and inserting in lieu thereof the words "SupremeCourt of Puerto Rico";

     (i) section 91 of title 28, United StatesCode, as heretofore amended, is further amended by inserting after "KureIsland" and before "Baker Island" the words "PalmyraIsland,"; and

     ( j) the Act of June 15, 1950 (64 Stat.217; 48 U.S.C., § 644a), is amended by inserting after "KureIsland" and before "Baker Island" the words "PalmyraIsland,".

§ 15.

      All Territorial laws in force inthe Territory of Hawaii at the time of its admission into the Union shallcontinue in force in the State of Hawaii, except as modified or changedby this Act or by the constitution of the State, and shall be subject torepeal or amendment by the Legislature of the State of Hawaii, except asprovided in section 4 of this Act with respect to the Hawaiian Homes CommissionAct, 1920, as amended; and the laws of the United States shall have thesame force and effect within the said State as elsewhere within the UnitedStates: Provided, That, except as herein otherwise provided, a Territoriallaw enacted by the Congress shall be terminated two years after the dateof admission of the State of Hawaii into the Union or upon the effectivedate of any law enacted by the State of Hawaii which amends or repealsit, whichever may occur first. As used in this section, the term "Territoriallaws" includes (in addition to laws enacted by the Territorial Legislatureof Hawaii) all laws or parts thereof enacted by the Congress the validityof which is dependent solely upon the authority of the Congress to providefor the government of Hawaii prior to its admission into the Union, andthe term "laws of the United States" includes all laws or partsthereof enacted by the Congress that (1) apply to or within Hawaii at thetime of its admission into the Union, (2) are not "Territorial laws"as defined in this paragraph, (3) are not in conflict with any other provisionof this Act.

      Transitional federal jurisdictionover air commerce. - By this section, relating to the continuance inforce of territorial laws, Congress continued for a transitional periodCivil Aeronautics Board jurisdiction over carriage by aircraft in commercebetween places in state during a transitional period. In re Island Airlines,44 Haw. 634, 361 P.2d 390 (1961).

     Cutoff period. - The amendmentof this section, inserting a provision terminating the congressionallyenacted territorial laws two years after the admission of the state, wasto introduce a cutoff period specifically with a view to the terminationof federal responsibility for the administration of laws regulating intrastatecommerce. In re Island Airlines, 44 Haw. 634, 361 P.2d 390 (1961).

     Provisions of law which formerly gaveto supreme court jurisdiction in election cases were not made applicableto the first county election by the provision of the County Act that "allof the provisions of law" should be so applicable. In re ContestedElection, 15 Haw. 323 (1903).

     "At the time of its admission"defined. - "At the time of its admission" is an ambiguousexpression. However, its meaning in the first sentence is clear. The statutespeaks of the laws in force "in the Territory at the time of its admission."That necessarily means during territorial status, immediately prior tothe admission of the state. In re Island Airlines, 44 Haw. 634, 361 P.2d390 (1961).

     Cited in G.E.M. Sundries Co. v.Johnson & Johnson, Inc., 283 F.2d 86 (9th Cir. 1960); Bailey's Bakery,Ltd. v. Continental Baking Co., 235 F. Supp. 705 (D. Haw. 1964); MatsonNav. Co. v. Hawaii Pub. Utils. Comm'n, 742 F. Supp. 1468 (D. Haw. 1990).

     State legislature succeeded to thepowers of the territorial legislature, such as exercise of the powerto repeal a franchise reserved in the territorial act granting the franchise.Op. Att'y Gen. No. 71-7 (1971).

     "Territorial laws" construed.- The public land laws of the territory enacted by Congress are includedin the term "territorial laws" as used in the permanent law provisionof this section. Op. Att'y Gen. No. 61-68 (1961).

     Effect on Organic Act. - Underthis section, the provisions of the Organic Act were the laws of the stateuntil August 21, 1961, even without state ratification. Op. Att'y Gen.No. 60-66 (1960).

§ 16.

     (a) Notwithstandingthe admission of the State of Hawaii into the Union, the United Statesshall continue to have sole and exclusive jurisdiction over the area whichmay then or thereafter be included in Hawaii National Park, saving, however,to the State of Hawaii the same rights as are reserved to the Territoryof Hawaii by section 1 of the Act of April 19, 1930 (46 Stat. 227), andsaving, further, to persons then or thereafter residing within such areathe right to vote at all elections held within the political subdivisionswhere they respectively reside. Upon the admission of said State all referencesto the Territory of Hawaii in said Act or in other laws relating to HawaiiNational Park shall be deemed to refer to the State of Hawaii. Nothingcontained in this Act shall be construed to affect the ownership and controlby the United States of any lands or other property within Hawaii NationalPark which may now belong to, or which may hereafter be acquired by, theUnited States.

     (b) Notwithstandingthe admission of the State of Hawaii into the Union, authority is reservedin the United States, subject to the proviso hereinafter set forth, forthe exercise by the Congress of the United States of the power of exclusivelegislation, as provided by article I, section 8, clause 17, of the Constitutionof the United States, in all cases whatsoever over such tracts or parcelsof land as, immediately prior to the admission of said State, are controlledor owned by the United States and held for Defense or Coast Guard purposes,whether such lands were acquired by cession and transfer to the UnitedStates by the Republic of Hawaii and set aside by Act of Congress or byExecutive order or proclamation of the President or the Governor of Hawaiifor the use of the United States, or were acquired by the United Statesby purchase, condemnation, donation, exchange, or otherwise: Provided,(i) That the State of Hawaii shall always have the right to serve civilor criminal process within the said tracts or parcels of land in suitsor prosecutions for or on account of rights acquired, obligations incurred,or crimes committed within the said State but outside of the said tractsor parcels of land; (ii) that the reservation of authority in the UnitedStates for the exercise by the Congress of the United States of the powerof exclusive legislation over the lands aforesaid shall not operate toprevent such lands from being a part of the State of Hawaii, or to preventthe said State from exercising over or upon such lands, concurrently withthe United States, any jurisdiction whatsoever which it would have in theabsence of such reservation of authority and which is consistent with thelaws hereafter enacted by the Congress pursuant to such reservation ofauthority; and (iii) that such power of exclusive legislation shall vestand remain in the United States only so long as the particular tract orparcel of land involved is controlled or owned by the United States andused for Defense or Coast Guard purposes: Provided, however, Thatthe United States shall continue to have sole and exclusive jurisdictionover such military installations as have been heretofore or hereafter determinedto be critical areas as delineated by the President of the United Statesand/or the Secretary of Defense.

     Kahoolawe Island. - All of KahoolaweIsland, except for the lighthouse portion, is under federal governmentcontrol, as provided by a series of documents, including the AnnexationJoint Resolution of 1898, the 1900 Organic Act, the 1959 Admission Act,and the Land Conveyance Act of 1963. Further, the Annexation Joint Resolutionand the Organic Act were not invalid because they were made, as claimedby defendants, who were indicted for illegal trespass upon a military reservation,by illegal revolutionaries. United States v. Mowat, 582 F.2d 1194 (9thCir.), cert. denied, 439 U.S. 967, 99 S. Ct. 458, 58 L. Ed. 2d 436 (1978).

     Hawaii Bar Journal.
Article, Hawaiian Reparations: Nothing Lost, Nothing Owed, 17 Haw. B.J.107 (1982).

§ 17.

     The next to last sentence of the firstparagraph of section 2 of the Federal Reserve Act (38 Stat. 251) as amendedby section 19 of the Act of July 7, 1958, (72 Stat. 339, 350) is amendedby inserting after the word "Alaska" the words "or Hawaii."

§ 18.

     (a) Nothing contained in this Act shallbe construed as depriving the Federal Maritime Board of the exclusive jurisdictionheretofore conferred on it over common carriers engaged in transportationby water between any port in the State of Hawaii and other ports in theUnited States, or possessions, or as conferring on the Interstate CommerceCommission jurisdiction over transportation by water between any such ports.

     (b) Effective on the admission of theState of Hawaii into the Union -

     (1) The first sentence of section 506of the Merchant Marine Act, 1936, as amended (46 U.S.C., § 1156),is amended by inserting before the words "an island possession orisland territory," the words "the State of Hawaii, or";

     (2) Section 605(a) of the Merchant MarineAct, 1936, as amended (46 U.S.C., § 1175), is amended by insertingbefore the words "an island possession or island territory",the words "the State of Hawaii, or"; and

     (3) The second paragraph of section 714of the Merchant Marine Act, 1936, as amended (46 U.S.C., § 1204),is amended by inserting before the words "an island possession orisland territory" the words "the State of Hawaii, or". [AmJuly 12, 1960, Pub L 86-324, 74 Stat 423]

     Cited in Matson Nav. Co. v. HawaiiPub. Utils. Comm'n, 742 F. Supp. 1468 (D. Haw. 1990).

§ 19.

      Nothing contained in this Act shalloperate to confer United States nationality, nor to terminate nationalityheretofore lawfully acquired, or restore nationality heretofore lost underany law of the United States or under any treaty to which the United Statesis or was a party.

§ 20.

     (a) Section 101 (a)(36) of the Immigrationand Nationality Act (66 Stat. 170, 8 U.S.C., § 1101 (a)(36)), is amendedby deleting the word "Hawaii,".

     (b) Section 212 (d)(7) of the Immigrationand Nationality Act (66 Stat. 188, 8 U.S.C., § 1182 (d)(7)), is amendedby deleting from the first sentence thereof the word "Hawaii"and by deleting the proviso to said first sentence.

     (c) The first sentence of section 310(a)of the Immigration and Nationality Act, as amended (66 Stat. 239, 8 U.S.C.,§ 1421(a), 72 Stat. 351) is further amended by deleting the words"for the Territory of Hawaii, and".

     (d) Nothing contained in this Act shallbe held to repeal, amend, or modify the provisions of section 305 of theImmigration and Nationality Act (66 Stat. 237, 8 U.S.C., § 1405).

§ 21.

     Effective upon the admission of the Stateof Hawaii into the Union, section 3, subsection (b), of the Act of September7, 1957 (71 Stat. 629), is amended by substituting the words "Stateof Hawaii" for the words "Territory of Hawaii".

§ 22.

     If any provision of this Act, or any section,subsection, sentence, clause, phrase, or individual word, or the applicationthereof in any circumstance is held invalid, the validity of the remainderof the Act and of the application of any such provision, section, subsection,sentence, clause, phrase, or individual word in other circumstances shallnot be affected thereby.

§ 23.

     All Acts or parts of Acts in conflictwith the provisions of this Act, whether passed by the legislature of saidTerritory or by Congress are hereby repealed.

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