Chapter 142. To amend the Hawaiian Homes Commission Act, 1920, approved July 9, 1921, as amended by Act of February 3, 1923

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Chap. 142: To amend the Hawaiian Homes Commission Act, 1920, approved July 9, 1921, as amended by Act of February 3, 1923. 1928-03-07 142 Chapter 45 Stat. 246 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-24 70 1 public Chapter 142.— An Act To amend the Hawaiian Homes Commission Act, 1920, approved July 9, 1921, as amended by Act of February 3, 1923.

March 7, 1928.[[H. R. 6989](/us/bill/70/hr/6989).][[Public, No. 105](/us/pl/70/105).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Hawaiian Homes Commission.Vol. 42, p. 110, amended. That section 204 of the “Hawaiian Homes Commission Act, 1920” is hereby amended, to read as follows: " “Sec. 204. Lands to be disposed of as home lands. Upon the passage of this Act all available lands shall immediately assume the status of Hawaiian home lands and be under the control of the commission to be used and disposed of in accordance with the provisions of this title, except that:

“(1) Restriction on leased lands.Vol. 42, p. 116. In case any available land is under lease by the Territory of Hawaii, by virtue of section 73 of the Hawaiian Organic Act, at the time of the passage of this Act, such land shall not assume the status of Hawaiian home lands until the lease expires or the Commissioner of Public Lands withdraws the lands from the operation If containing withdrawal clause.Vol. 42, p. 117.of the lease. If the land is covered by a lease containing a withdrawal clause, as provided in subdivision

(d)of section 73 of the Hawaiian Organic Act, the Commissioner of Public Lands shall withdraw such lands from the operation of the lease whenever the commission, with the approval of the Secretary of the Interior, gives notice to him that the commission is of the opinion that the lands are required by it for Withdrawal deemed a public purpose.Vol. 42, p. 117.the purposes of this title; and such withdrawal shall be held to be for a public purpose within the meaning of that term as used in subdivision

(d)of section 73 of the Hawaiian Organic Act; “(2) Notice for selection out of larger areas. Any available land, including land selected by the commission out of a larger area, as provided by this Act, as may not be immediately needed for the purposes of this Act, may be returned to the Commissioner of Public Lands and may be leased by him as provided Leases hereafter to contain withdrawal clause.in subdivision

(d)of section 73 of the Hawaiian Organic Act; any lease of Hawaiian home lands hereafter entered into shall contain Notice to be given for withdrawal.a withdrawal clause, and the lands so leased shall be withdrawn by the Commissioner of Public Lands, for the purposes of this title, upon the commission giving five years’ notice of such withdrawal; “(3) Annual area disposal limited. The commission shall not lease, use, nor dispose of more than twenty thousand (20,000) acres of the area of Hawaiian home lands, for settlement by native Hawaiians, in any calendar five-year period.” " Sec. 2. Vol. 42, pp. 112, 1222, amended. Section 213 of the “Hawaiian Homes Commission Act, 1920, as amended by Act of February 3, 1923,” is hereby further amended to read as follows: " “Sec. 213. Hawaiian Home Loan Fund created. There is hereby established in the treasury of the Territory a revolving fund to be known as the Hawaiian Home Loan Moneys to be covered into.Fund. The entire receipts derived from any leasing of the ‘available lands’ defined in section 203, these receipts including proportionate From specified lands added.shares of the receipts from the lands of Humuula Mauka, Piihonua, and Kaohe Hakuu, of which lands portions are yet to be selected and 30 per centum of the Territorial receipts derived from the leasing of cultivated sugar-cane lands under any other provision of law, or from water licenses, shall be covered into the fund until the amount of Total.moneys paid therein from those three sources alone shall equal $2,000,000. In addition to these moneys and the moneys covered into247the revolving fund as installments paid by lessees upon loans made toOther receipts by the commission added. them as provided in paragraph 2 of section 215, there shall be covered into the revolving fund all other moneys received by the commission from any source whatsoever.” " Approved, March 7, 1928.

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