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2014 Op. Haw. Att'y Gen. 1 (2014)

handle is hein.sag/saghi0075 and id is 1 raw text is: 






NEIL ABERCROMBIE                                              DAVID M. LO E
                 GOVERNORATTORNEY GENERAL
                                                             RUSSELL A. SUZUKI
                                                         FIRST DEPUTY ATTORNEY GENERAL
                             STATE OF HAWAII
                       DEPARTMENT OF THE ATTORNEY GENERAL
                               425 QUEEN STREET
                             HONOLULU, HAWAII 96813
                                (808) 586-1500

                             March 17, 2014



    The Honorable Jobie M.K. Masagatani
    Chairman, Hawaiian Homes  Commission
    Department of Hawaiian Home  Lands
    State of Hawaii
    91-5420 Kapolei  Parkway
    Kapolei, Hawaii  96707

    Dear Chairman Masagatani:

              Re:  Management  and Disposition of
                   Geothermal  Resources on DHHL Lands

         This  letter responds to your request for an opinion
    regarding  the management and disposition of geothermal
    resources on  lands controlled by the Department of Hawaiian
    Home Lands  (DHHL).

         Your  inquiry arises from proposed legislation that would
    allocate  to DHHL a portion of any royalties received by the
    State of Hawaii  from geothermal resource development on
    available  lands.1 In considering the proposed legislation,
    questions  arose as to whether DHHL is entitled to all
    royalties  from geothermal developments on available lands,
    and whether DHHL  has the authority to manage and dispose of


    1 The terms Hawaiian home lands,  DHHL lands, lands
    controlled  by DHHL, and its lands are used interchangeably
    throughout  this opinion with the term available lands, which
    consist  of all the lands described in section 203 of the
    Hawaiian  Homes Commission Act, 1920, Act of July 9, 1921, ch.
    42,  42 Stat. 108 (hereinafter referred to as the HHCA), and
    all  other lands subsequently designated by statute to
    constitute  available lands.


Op. No. 14-1

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