§§ 488 to 488f TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 32 Sec. the United States; and (3) that all proceeds and income 644a. Jurisdiction of district court of cases arising from the ‘available lands’, as defined by said Act, shall on or within Midway, Wake, Johnston, be used only in carrying out the provisions of said Act. Sand, etc., Islands; laws applicable to jury ‘‘SEC. 5. [Title to property; land grants; reservation of trials. lands; public school support; submerged lands.] (a) Ex- 645 to 724. Repealed or Omitted. cept as provided in subsection (c) of this section, the State of Hawaii and its political subdivisions, as the ADMISSION AS STATE case may be, shall succeed to the title of the Territory Hawaii was admitted into the Union on August 21, of Hawaii and its subdivisions in those lands and other 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. properties in which the Territory and its subdivisions 6868, 73 Stat. c74, as required by sections 1 and 7(c) of now hold title. Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out below. ‘‘(b) Except as provided in subsection (c) and (d) of this section, the United States grants to the State of HAWAII STATEHOOD Hawaii, effective upon its admission into the Union, the United States’ title to all the public lands and Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, as amended, pro- other public property, and to all lands defined as vided: ‘‘available lands’’ by section 203 of the Hawaiian Homes ‘‘[Sec. 1. Declaration: acceptance, ratification, and Commission Act, 1920, as amended, within the bound- confirmation of Constitution.] That, subject to the pro- aries of the State of Hawaii, title to which is held by visions of this Act, and upon issuance of the proclama- the United States immediately prior to its admission tion required by section 7(c) of this Act, the State of into the Union. The grant hereby made shall be in lieu Hawaii is hereby declared to be a State of the United of any and all grants provided for new States by provi- States of America, is declared admitted into the Union sions of law other than this Act, and such grants shall on an equal footing with the other States in all re- not extend to the State of Hawaii. spects whatever, and the constitution formed pursuant ‘‘(c) Any lands and other properties that, on the date to the provisions of the Act of the Territorial Legisla- Hawaii is admitted into the Union, are set aside pursu- ture of Hawaii entitled ‘An Act to provide for a con- ant to law for the use of the United States under any stitutional convention, the adoption of a State con- (1) Act of Congress, (2) Executive order, (3) proclama- stitution, and the forwarding of the same to the Con- tion of the President, or (4) proclamation of the Gov- gress of the United States, and appropriating money ernor of Hawaii shall remain the property of the United therefor’, approved May 20, 1949 (Act 334, Session Laws States subject only to the limitations, if any, imposed of Hawaii, 1949), and adopted by a vote of the people of under (1), (2), (3), or (4), as the case may be. Hawaii in the election held on November 7, 1950, is ‘‘(d) Any public lands or other public property that is hereby found to be republican in form and in conform- conveyed to the State of Hawaii by subsection (b) of ity with the Constitution of the United States and the this section but that, immediately prior to the admis- principles of the Declaration of Independence, and is sion of said State into the Union, is controlled by the hereby accepted, ratified, and confirmed. United States pursuant to permit, license, of permis- ‘‘SEC. 2. [Territory.] The State of Hawaii shall consist sion, written or verbal, from the Territory of Hawaii or of all the islands, together with their appurtenant reefs any department thereof may, at any time during the and territorial waters, included in the Territory of Ha- five years following the admission of Hawaii into the waii on the date of enactment of this Act [March 18, Union, be set aside by Act of Congress or by Executive 1959], except the atoll known as Palmyra Island, to- order of the President, made pursuant to law, for the gether with its appurtenant reefs and territorial wa- use of the United States, and the lands or property so ters, but said State shall not be deemed to include the set aside shall, subject only to valid rights then exist- Midway Islands, Johnston Island, Sand Island (offshore ing, be the property of the United States. from Johnston Island), or Kingman Reef, together with ‘‘(e) Within five years from the date Hawaii is admit- their appurtenant reefs and territorial waters. ted into the Union, each Federal agency having control ‘‘SEC. 3. [Constitution.] The constitution of the State over any land or property that is retained by the of Hawaii shall always be republican in form and shall United States pursuant to subsections (c) and (d) of not be repugnant to the Constitution of the United this section shall report to the President the facts re- States and the principles of the Declaration of Inde- garding its continued need for such land or property, pendence. and if the President determines that the land or prop- ‘‘SEC. 4. [Compact with United States.] As a compact erty is no longer needed by the United States it shall with the United States relating to the management and be conveyed to the State of Hawaii. disposition of the Hawaiian home lands, the Hawaiian ‘‘(f) The lands granted to the State of Hawaii by sub- Homes Commission Act, 1920, as amended, shall be section (b) of this section and public lands retained by adopted as a provision of the Constitution of said the United States under subsections (c) and (d) and State, as provided in section 7, subsection (b) of this later conveyed to the State under subsection (e), to- Act, subject to amendment or repeal only with the con- gether with the proceeds from the sale or other disposi- sent of the United States, and in no other manner: Pro- tion of any such lands and the income therefrom, shall vided, That (1) sections 202, 213, 219, 220, 222, 224, and 225 be held by said State as a public trust for the support and other provisions relating to administration, and of the public schools and other public educational insti- paragraph (2) of section 204, sections 206 and 212, and tutions, for the betterment of the conditions of native other provisions relating to the powers and duties of of- Hawaiians, as defined in the Hawaiian Homes Commis- ficers other than those charged with the administra- sion Act, 1920, as amended, for the development of farm tion of said Act, may be amended in the constitution, and home ownership on as widespread a basis as pos- or in the manner required for State legislation, but the sible for the making of public improvements, and for Hawaiian homeloan fund, the Hawaiian home-operating the provision of lands for public use. Such lands, pro- fund, and the Hawaiian home-development fund shall ceeds, and income shall be managed and disposed of for not be reduced or impaired by any such amendment, one or more of the foregoing purposes in such manner whether made in the constitution or in the manner re- as the constitution and laws of said State may provide, quired for State legislation, and the encumbrances au- and their use for any other object shall constitute a thorized to be placed on Hawaiian home lands by offi- breach of trust for which suit may be brought by the cers other than those charged with the administration United States. The schools and other educational insti- of said Act, shall not be increased, except with the con- tutions supported, in whole or in part, out of such pub- sent of the United States; (2) that any amendment to lic trust shall forever remain under the exclusive con- increase the benefits to lessees of Hawaiian home lands trol of said State; and no part of the proceeds or in- may be made in the constitution, or in the manner re- come from the lands granted under this Act shall be quired for State legislation, but the qualifications of used for the support of any sectarian or denominational lessees shall not be changed except with the consent of school, college, or university. Page 33 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 488 to 488f ‘‘(g) As used in this Act, the term ‘lands and other State of Hawaii are consented to fully by said State properties’ includes public lands and other public prop- and its people.’ erty, and the term ‘public lands and other public prop- ‘‘In the event the foregoing propositions are adopted erty’ means, and is limited to, the lands and properties at said election by a majority of the legal votes cast on that were ceded to the United States by the Republic said State of Hawaii, ratified by the people at the elec- of Hawaii under the joint resolution of annexation ap- tion held submission, the proposed constitution of the proved July 7, 1898 (30 Stat. 750), or that have been ac- proposed on November 7, 1950, shall be deemed amended quired in exchange for lands or properties so ceded. as follows: Section 1 of article XIII of said proposed ‘‘(h) All laws of the United States reserving to the constitution shall be deemed amended so as to contain United States the free use or enjoyment of property the language of section 2 of this Act in lieu of any which vests in or is conveyed to the State of Hawaii or other language; article XI shall be deemed to include its political subdivisions pursuant to subsection (a), the provisions of section 4 of this Act; and section 8 of (b), or (e) of this section or reserving the right to alter, article XIV shall be deemed amended so as to contain amend, or repeal laws relating thereto shall cease to be the language of the third proposition above stated in effective upon the admission of the State of Hawaii lieu of any other language, and section 10 of article XVI into the Union.