Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to the provisions of this Act, and upon issuance of the proclamation required by section 7(c) of this Act, the State of Hawaii is hereby declared to be a State of the United States of America, is declared admitted into the 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 the Territorial Legislature of Hawaii entitled "An Act to provide for a constitutional convention, the adoption of a State constitution, and the forwarding of the same to the Congress of the United States, and appropriating money 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 held on November 7, 1950, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed.

Sec.
     2.
     3. 
     4.
     5.
     6.
     7.
     8.
     9.
    10.
    11.
    12.
    13.
    14.
    15.
    16.
    17.
    18.
    19.
    20.
    21.
    22.
    23.

     Legislative powers. - As to matters strictly of state cognizance, the legislative power of the state is complete, unhampered by any congressional enactments even if accepted upon the admission of 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, 44 Haw. 683, 361 P.2d 401 (1961).

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

     Interisland air travel. - The state is not denied equal footing in the federal union by reason of Civil Aeronautics Board control over interisland air travel. Island Airlines v. Civil Aeronautics Bd., 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 Analysis and Moral Legacy (Something Lost, Something Owed), 18 Haw. B.J. 3 (1983).

§ 2.

     The State of Hawaii shall consist of all the 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 appurtenant reefs and territorial waters, but said State shall not be deemed to include the Midway Islands, Johnston Island, Sand Island (off-shore from Johnston Island), or Kingman Reef, together with their appurtenant reefs and territorial waters.

     "Territorial waters" construed. - The term "territorial waters" has a uniformly well understood meaning and application. The term includes (1) the water area comprising both inland waters (rivers, lakes and true bays, etc.) and (2) the waters extending seaward three nautical miles from the coast line, i.e., the line of ordinary low water (ofttimes called the "territorial sea"). Seaward of that three-mile territorial sea lie the high seas. Civil Aeronautics Bd. v. Island Airlines, 235 F. Supp. 990 (D. Haw. 1964), aff'd, 352 F.2d 735 (9th Cir. 1965).

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

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

     Channels not within boundaries. - Congress did not establish the channels between the islands as within the state boundaries. Island Airlines v. Civil Aeronautics Bd., 352 F.2d 735 (9th Cir. 1965).

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

      Jurisdiction over the surrounding ocean waters is no greater nor less than that given to every other state of the union bordering upon the sea. Civil Aeronautics Bd. v. Island Airlines, 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 to control its intrastate commerce, although interisland flights carrying persons or property in interstate air commerce are subject to jurisdiction by 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 Waters and Submerged Lands of the Northwestern Hawaiian Islands, 4 U. Haw. L. Rev. 139 (1982).

§ 3.

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

§ 4.

     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.

     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 implied cause of action by which a 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. 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, reh'g denied, 475 U.S. 1091, 106 S. Ct. 1482, 89 L. Ed. 2d 736 (1986).

     "Public land trust" unrelated to "homelands." - The "public land trust" created by the Hawaiian Constitution does not include the homelands. Consequently, the trust proceeds granted to the Office of Hawaiian Affairs are unrelated to 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 those known as the Hawaiian "homelands." A "compact" between Hawaii and the United States strictly limits the manner in which Hawaii may manage the homelands and the income they produce. 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).

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

     For a discussion of the mode for amending the 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) 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.

     (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 (a)(i) whenever after August 21, 1964, any of the public lands and other public property as defined in section 5(g) 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 property of the United States pursuant to section 5(d) of Public Law 86-3, except the lands 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 on Sand Island, including the reef 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 over such lands and property, they shall be conveyed to the State of Hawaii by the Administrator subject to the provisions of this Act.

     "(b) Such lands and property shall be conveyed without monetary consideration, but subject to such other terms and conditions as the Administrator may prescribe: Provided, That, as a condition precedent to the conveyance of such lands, the Administrator shall require 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 determines that they cannot be 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 of any proceeds from such 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 § 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 which a 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. 2d 33 (1979).

    History of the Admission Act. - For a brief discussion regarding the history of the Admission Act, the Office of 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. - Nothing in this section indicates that the parties to the compact agreed that all provisions of the common law of trusts would manacle the state as it attempted to 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 by its nature creates a right enforceable under 42 U.S.C. § 1983 for its beneficiaries to maintain an action against the trustee in breach of the 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 42 U.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 that the trustees of the § 5(b) trust breached their fiduciary duties under the Admission Act by expending trust funds for purposes other 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 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 (D. Haw. 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. Gordon, 373 U.S. 57, 83 S. Ct. 1052, 10 L. Ed. 2d 191 (1963).

     Qualified immunity. - Officials alleged to have violated section 5(f) in that they allocated lands or funds to various state entities, failed to segregate assets, and were not prudent enough investors, were entitled to qualified immunity, since suit sought to assert rights that did not exist as a matter of federal law and at the time they acted, the contours of federal law had 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 Hawaiian Affairs were entitled to qualified immunity as to plaintiffs' claims that they violated the Admission Act by improperly managing, administering, and expending § 5(f) funds for the Single Definition Referendum which questioned the fifty per cent or more blood quantum requirement for 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 conveyed to Hawaii in subsection (b), and the income produced by them, "shall be managed and disposed of for one or more" of five stated purposes. Where the Office of Hawaiian Affairs share of "public trust" income derives directly from the subsection (b) lands, subsection (f)'s limitation uses applies to that 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 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, reh'g denied, 475 U.S. 1091, 106 S. Ct. 1482, 89 L. Ed. 2d 736 (1986).

     Kahoolawe Island. - The United States did not lose title to Kahoolawe Island when its need for the island allegedly ceased, as the President has never made a discretionary decision that 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 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-Panaewa Community Ass'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); Trustees of 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. United States, 676 F. Supp. 1024 (D. Haw. 1988).

     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).

     "Public trust" construed. - It cannot be said that section 5(f) generally creates a trust which demands the exacting standards of administration that the United States has often imposed upon itself when it is dealing with Native Americans. It would be error to read the words "public trust" to require that the state adopt any particular method and form of management for 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 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 by the state as a public trust; the lands which had already been reserved for disposition by the Hawaiian homes commission under the Hawaiian Homes Commission Act of 1920 were included in the subsection (f) trust. 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).

     If acreage became submerged land because of natural erosion after 1898 and before being altered by the actions of the property owner, then that subject to the terms of the public trust provisions. 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 authorized to sell ceded lands and the 1978 amendments to the State Constitution do not 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 returned to the trust and held by the State for use for one or more of the five purposes set forth in subsection (f)., Op. Att'y Gen. No. 95-03 (1995).

     Federal courts ultimately determine § 5(f) uses. - Although it is not for federal courts to declare that certain methods of holding, managing, and accounting for 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 property and the income. Rather, the federal courts must ultimately determine whether the 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 to 42 U.S.C. § 1983 to enforce federal rights created by § 5(f) of the Hawaii Admission Act although the Admission Act itself does not create an implied right of action under which a party could enforce the duties and obligations created by the Act in federal court. 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 statute of limitations for a breach of the Hawaii Admission Act § 5(f) trust, brought under 42 U.S.C. § 1983, runs from the date that the cause of action accrues - that is, when plaintiff discovered or should have discovered the breach of trust, the injury to plaintiff, and the connection between the breach and the injury. 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).

     Suit brought by environmental corporation to enforce compliance with trust provisions. - A multiplicity of suits could be avoided by allowing environmental defense corporation to sue to enforce the state's compliance with this section's trust provisions, because granting a remedy to corporation would also provide relief to its members and other trust beneficiaries. Additionally, unless members of the public and native Hawaiians, as beneficiaries of the trust, had standing, the state would be free to dispose of the trust res without the citizens of the 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, 122 L. Ed. 2d 671 (1993).

     A suit brought to protect the res of the public 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 lands in accordance with the Hawaii Admission Act § 5(f) trust provisions, and the citizens of the state must have a means to mandate compliance. Therefore, a non-profit membership corporation, whose members are beneficiaries of the public lands trust, may bring suit for the limited purpose of enjoining state officials' breach of trust by disposal of trust assets in violation of the Hawaii constitutional and statutory provisions governing 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, 122 L. Ed. 2d 671 (1993).

     Where a request to restore the trust status of former public trust lands by means of a constructive trust was "essentially equivalent" to a nullification of the exchange of those lands and the return of the exchanged lands to the trust res, the effect on the state treasury would have been direct and unavoidable, rather than ancillary, because imposing a constructive trust on lands now held by a private landowner would require that the state compensate the landowner for its property. As a result, environmental defense corporation's claims based on the illegality of 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 extensions was conveyed to the United States at the time of annexation, and any lava extension thereafter created should be considered to be among the "lands and properties that were ceded to the United States by the Republic of Hawaii under the joint resolution of annexation." Such land 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 Act under federal law. - While the management and disposition of the home lands was given over to the state of Hawaii with the incorporation of the 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).

     Applicability of subsection (f). - The Office of Hawaiian Affairs trust, into which the Office of Hawaiian Affairs' share of income derived from subsection (f) of this section was placed, was not considered distinct from the trust created by subsection (f) of this section; because the funds were still in state hands, the restrictions found in subsection (f) of this section applied to the 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 contain sufficiently comprehensive remedial devices that would justify a conclusion that Congress intended to foreclose 42 U.S.C. § 1983 actions. Aged Hawaiians 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 the income for purposes other than to benefit native Hawaiians does not deprive a native Hawaiian of standing to bring his claim. 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).

     A native Hawaiian has standing to seek redress for past violations of subsection (f) even though that redress may not necessarily benefit native Hawaiians. 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).

     Where plaintiff alleged that the trustees expended the income on purposes other than those listed in subsection (f), he stated a claim to enforce the provisions of 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. - Complainant did not fail to state a claim when he alleged that trustees of the Office of 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 of the Office of Hawaiian Affairs were in violation of this section were asserting a federal right under 42 U.S.C. 1983. 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).

     Applicability of definition of "native Hawaiians." - The legislature may not, consistent with subsection (f) and Haw. Const., Art. XII, authorize the office of Hawaiian affairs to use funds derived from the public land trust to better 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. Hawaiian Homes 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 Jurisdictional Conflict over the Internal Waters and Submerged Lands of the Northwestern Hawaiian Islands, 4 U. Haw. L. Rev. 139 (1982).

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

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

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

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

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

§ 6.

     As soon as possible after the enactment of this Act, it shall be the duty of the President of the United States to certify such fact to the Governor of the Territory of Hawaii. Thereupon the Governor of the Territory shall, within thirty days after receipt of the official notification of such approval, issue his proclamation for the elections, as hereinafter provided, for officers of all State elective offices provided for by the constitution of the proposed State of Hawaii, and for two Senators and one Representative in Congress. In the first election of Senators from said State the two senatorial offices shall be separately identified 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 the privilege of the Senate to determine the class to which each of the Senators elected shall be assigned.

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

§ 7.

     (a) The proclamation of the Governor of Hawaii required by section 6 shall provide for the holding of a primary election and a general election and at such elections the officers required to be elected as provided in section 6 shall be chosen by the people. Such elections shall be held, and the qualifications of voters thereat shall be, as prescribed by the constitution of the proposed State 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 constitution of the proposed State of Hawaii may prescribe. The Governor of Hawaii shall certify the results of said elections, as so ascertained, to the President of the United States.

     (b) At an election designated by proclamation of the Governor of Hawaii, which may be either the 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 immediately be admitted into the Union as a State?

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

     Act of Congress approved _________________________________________________
                                                                               (Date of approval of this act)

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

     "(3) All provisions of the Act of Congress approved _______________________
                                                                                                     (Date of approval of this act)

     reserving rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Hawaii are consented to fully by said State and its people."
     In the event the foregoing propositions are adopted at said election by a majority of the legal votes cast on said submission, the proposed constitution of the proposed State of Hawaii, ratified by the people at the election held on November 7, 1950, shall be deemed amended as follows: Section 1 of article XIII of said proposed constitution shall be deemed amended so as to contain the language of section 2 of this Act in lieu of any other language; article XI shall be deemed to include the provisions of section 4 of this Act; and section 8 of article XIV shall be deemed amended so as to contain the language of the third proposition above stated in lieu of any other language, and section 10 of article XVI shall be deemed amended by inserting the words "at which officers for all state elective offices provided for by this constitution and two Senators and one Representative in Congress shall be nominated and elected" in lieu of the words "at which officers for all state elective offices provided for by this constitution shall be nominated and elected; but the officers so to be elected shall in any event include two Senators and two Representatives to the Congress, and unless and until otherwise required by law, said Representatives shall be elected at large".

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

     The Governor of Hawaii is hereby authorized and directed to take such action as may be necessary or appropriate to insure the submission of said propositions to the people. The return of the votes cast on said propositions shall be made by the election officers directly to the Secretary of Hawaii, who shall certify the results of the submission to the Governor. The Governor shall certify the results of said submission, as so ascertained, to the President of the United States.

     (c) If the President shall find that the propositions set forth in the preceding subsection have been duly adopted by the people of Hawaii, the President, upon certification of the returns of the election of the officers required to be elected as provided in section 6 of this Act, shall thereupon issue his proclamation announcing the results of said election as so ascertained.

     Upon the issuance of said proclamation by the President, the State of Hawaii shall be deemed admitted into the Union as provided in section 1 of this Act. Until the said State is so admitted into the Union, the persons holding legislative, executive, and judicial office in, under, or by authority of the government of said Territory, and the Delegate in Congress thereof, shall continue to discharge the duties of their respective offices. Upon the issuance of said proclamation by the President of the United States and the admission of the State of Hawaii into the Union, the officers elected at said election, and qualified under the provisions of the constitution and laws of said State, shall proceed to exercise all the functions pertaining to their offices in, under, or by authority of the government of said State, and officers not required to be elected at said initial election shall be selected or continued in office as provided by the constitution and laws of said State. The Governor of said State shall certify the election of the Senators and Representatives in the manner required by law, and the said Senators and Representatives shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States.

      Validity of initial apportionment. - The Admission Act, permitting Hawaii to vote upon statehood and elect state officials, required that members of the house of representatives of the first state legislature be elected on a reapportioned basis as required by the Constitution for the proposed State of Hawaii. The reapportionment made by the territorial governor pursuant to the laws of the territory was, therefore, in accordance with the provisions of the Constitution by reference incorporated in Public Law 86-3 and the mandate of Congress therein and 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 the Hawaii Homes Commission Act and no other conditions, so Haw. Const., Art. XII was automatically amended to include § 4 of the Admission Act as § 3 of Art. XII, but Haw. Const., Art. XII could be amended by deleting §§ 1 and 2, which were not part of the compact with the United States, without the consent of the United States. Op. Att'y Gen. No. 68-18 (1968).

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

§ 8.

     The State of Hawaii upon its admission into the Union shall be entitled to one Representative until the taking effect of the next reapportionment, and such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law: Provided, That such temporary increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13), nor shall such temporary increase affect the basis of apportionment established 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 State of Hawaii into the Union -

     (a) the United States District Court for the District of Hawaii established by and existing under title 28 of the United States Code shall henceforth be a court of the United States with judicial power derived from article III, section 1, of the Constitution of the United States; Provided, however, That the terms of office of the district judges for the District of Hawaii then in office shall terminate upon the effective date of this section and the President, pursuant to sections 133 and 134 of title 28, United States Code, as amended by this Act, shall appoint, by and with the advice and consent of the Senate, two district judges for the said district who shall hold office during good behavior;

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

     (c) subsection (a) of section 134 of title 28, United States Code, is amended by striking out the words "Hawaii and". The second sentence of the same section is amended by striking out the words "Hawaii and", "six and", and "respectively".

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

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

     (a) the last paragraph of section 501 of 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 striking out 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 striking out at the end thereof the words ", except in the District of Hawaii where the term shall be six years"; and

     (d) subsection (d) of section 541 of title 28, United States Code is repealed.

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

§ 12.

     No writ, action, indictment, cause, or proceeding pending in any court of the Territory of Hawaii or in the United States District Court for the District of Hawaii shall abate by reason of the admission of said State into the Union, but the same shall be transferred to and proceeded with in such appropriate State courts as shall be established under the constitution of said State, or shall continue in the United States District Court for the District of Hawaii, as the nature of the case may require. And no writ, action, indictment, cause or proceeding shall abate by reason of any change in the courts, but shall be proceeded with in the State or United States courts according to the laws thereof, respectively. And the appropriate State courts shall be the successors of the courts of the Territory as to all cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power to proceed with 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 appropriate State courts and the same shall be proceeded with therein in due course of law.

     All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no writ, action, indictment or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Hawaii in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said State courts had been established prior to the accrual of such causes of action or the commission of such offenses. The admission of said State shall effect no change in the substantive or criminal law governing such causes of action and criminal offenses which shall have arisen or been committed; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Hawaii.

     Cited in In re Sawyer, 274 F.2d 356 (9th Cir. 1959).

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

     Cited in Advertiser Publishing Co. 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 State of Hawaii into the Union -

     (a) title 28, United States Code, section 1252, is amended by striking out "Hawaii and" from the clause relating to courts of record;

     (b) title 28, United States Code, section 1293, is amended by striking out the words "First and Ninth Circuits" and by inserting in lieu thereof "First Circuit", and by striking out 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, section 1294, as amended, is further amended by striking out paragraph (4) thereof and by renumbering paragraphs (5) and (6) accordingly;

    (d) the first paragraph of section 373 of title 28, United States Code, as amended, is further amended by striking out the words "United States District Courts for the districts of Hawaii or Puerto Rico," and inserting in lieu thereof the words "United States District Court for the District of Puerto Rico,"; and by striking out the words "and any justice of the Supreme Court of the Territory of Hawaii": Provided, That the amendments made by this subsection shall not affect the rights of any judge or justice who may have retired before the effective date of this subsection: And provided further, That service as a judge of the District Court for the Territory of Hawaii or as a judge of the United States District Court for the District of Hawaii or as a justice of the Supreme Court of the Territory of Hawaii or as a judge of the circuit courts of the Territory of Hawaii shall be included in computing under section 371, 372, or 373 of title 28, United States Code, the aggregate years of judicial service of any person who is in office as a district judge for the District of Hawaii on the date of enactment of 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 April 30, 1900 (ch. 339, 31 Stat. 158), as amended, is repealed;

     (g) section 3771 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words "Supreme Courts of Hawaii and Puerto Rico" and inserting in lieu thereof the words "Supreme Court of Puerto Rico";

     (h) section 3772 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words "Supreme Courts of Hawaii and Puerto Rico" and inserting in lieu thereof the words "Supreme Court of Puerto Rico";

     (i) section 91 of title 28, United States Code, as heretofore amended, is further amended by inserting after "Kure Island" and before "Baker Island" the words "Palmyra Island,"; and

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

§ 15.

      All Territorial laws in force in the Territory of Hawaii at the time of its admission into the Union shall continue in force in the State of Hawaii, except as modified or changed by this Act or by the constitution of the State, and shall be subject to repeal or amendment by the Legislature of the State of Hawaii, except as provided in section 4 of this Act with respect to the Hawaiian Homes Commission Act, 1920, as amended; and the laws of the United States shall have the same force and effect within the said State as elsewhere within the United States: Provided, That, except as herein otherwise provided, a Territorial law enacted by the Congress shall be terminated two years after the date of admission of the State of Hawaii into the Union or upon the effective date of any law enacted by the State of Hawaii which amends or repeals it, whichever may occur first. As used in this section, the term "Territorial laws" includes (in addition to laws enacted by the Territorial Legislature of Hawaii) all laws or parts thereof enacted by the Congress the validity of which is dependent solely upon the authority of the Congress to provide for the government of Hawaii prior to its admission into the Union, and the term "laws of the United States" includes all laws or parts thereof enacted by the Congress that (1) apply to or within Hawaii at the time of its admission into the Union, (2) are not "Territorial laws" as defined in this paragraph, (3) are not in conflict with any other provision of this Act.

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

     Cutoff period. - The amendment of this section, inserting a provision terminating the congressionally enacted territorial laws two years after the admission of the state, was to introduce a cutoff period specifically with a view to the termination of federal responsibility for the administration of laws regulating intrastate commerce. In re Island Airlines, 44 Haw. 634, 361 P.2d 390 (1961).

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

     "At the time of its admission" defined. - "At the time of its admission" is an ambiguous expression. However, its meaning in the first sentence is clear. The statute speaks of the laws in force "in the Territory at the time of its admission." That necessarily means during territorial status, immediately prior to the admission of the state. In re Island Airlines, 44 Haw. 634, 361 P.2d 390 (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); Matson Nav. Co. v. Hawaii Pub. Utils. Comm'n, 742 F. Supp. 1468 (D. Haw. 1990).

     State legislature succeeded to the powers of the territorial legislature, such as exercise of the power to 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 included in the term "territorial laws" as used in the permanent law provision of this section. Op. Att'y Gen. No. 61-68 (1961).

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

§ 16.

     (a) Notwithstanding the admission of the State of Hawaii into the Union, the United States shall continue to have sole and exclusive jurisdiction over the area which may then or thereafter be included in Hawaii National Park, saving, however, to the State of Hawaii the same rights as are reserved to the Territory of Hawaii by section 1 of the Act of April 19, 1930 (46 Stat. 227), and saving, further, to persons then or thereafter residing within such area the right to vote at all elections held within the political subdivisions where they respectively reside. Upon the admission of said State all references to the Territory of Hawaii in said Act or in other laws relating to Hawaii National Park shall be deemed to refer to the State of Hawaii. Nothing contained in this Act shall be construed to affect the ownership and control by the United States of any lands or other property within Hawaii National Park which may now belong to, or which may hereafter be acquired by, the United States.

     (b) Notwithstanding the admission of the State of Hawaii into the Union, authority is reserved in the United States, subject to the proviso hereinafter set forth, for the exercise by the Congress of the United States of the power of exclusive legislation, as provided by article I, section 8, clause 17, of the Constitution of the United States, in all cases whatsoever over such tracts or parcels of land as, immediately prior to the admission of said State, are controlled or owned by the United States and held for Defense or Coast Guard purposes, whether such lands were acquired by cession and transfer to the United States by the Republic of Hawaii and set aside by Act of Congress or by Executive order or proclamation of the President or the Governor of Hawaii for the use of the United States, or were acquired by the United States by purchase, condemnation, donation, exchange, or otherwise: Provided, (i) That the State of Hawaii shall always have the right to serve civil or criminal process within the said tracts or parcels of land in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed within the said State but outside of the said tracts or parcels of land; (ii) that the reservation of authority in the United States for the exercise by the Congress of the United States of the power of exclusive legislation over the lands aforesaid shall not operate to prevent such lands from being a part of the State of Hawaii, or to prevent the said State from exercising over or upon such lands, concurrently with the United States, any jurisdiction whatsoever which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by the Congress pursuant to such reservation of authority; and (iii) that such power of exclusive legislation shall vest and remain in the United States only so long as the particular tract or parcel of land involved is controlled or owned by the United States and used for Defense or Coast Guard purposes: Provided, however, That the United States shall continue to have sole and exclusive jurisdiction over such military installations as have been heretofore or hereafter determined to be critical areas as delineated by the President of the United States and/or the Secretary of Defense.

     Kahoolawe Island. - All of Kahoolawe Island, except for the lighthouse portion, is under federal government control, as provided by a series of documents, including the Annexation Joint Resolution of 1898, the 1900 Organic Act, the 1959 Admission Act, and the Land Conveyance Act of 1963. Further, the Annexation Joint Resolution and the Organic Act were not invalid because they were made, as claimed by defendants, who were indicted for illegal trespass upon a military reservation, by illegal revolutionaries. 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).

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

§ 17.

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

§ 18.

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

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

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

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

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

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

§ 19.

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

§ 20.

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

     (b) Section 212 (d)(7) of the Immigration and Nationality Act (66 Stat. 188, 8 U.S.C., § 1182 (d)(7)), is amended by 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 shall be held to repeal, amend, or modify the provisions of section 305 of the Immigration and Nationality Act (66 Stat. 237, 8 U.S.C., § 1405).

§ 21.

     Effective upon the admission of the State of Hawaii into the Union, section 3, subsection (b), of the Act of September 7, 1957 (71 Stat. 629), is amended by substituting the words "State of 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 application thereof in any circumstance is held invalid, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase, or individual word in other circumstances shall not be affected thereby.

§ 23.

     All Acts or parts of Acts in conflict with the provisions of this Act, whether passed by the legislature of said Territory or by Congress are hereby repealed.