The Office of Hawaiian Affairs (OHA) is a semi-autonomous entity of the state of Hawaii

Hawaii

Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...

 charged with the administration of 1.8 million acres (7,300 km²) of royal land held in trust for the benefit of native Hawaiians

Native Hawaiians

Native Hawaiians refers to the indigenous Polynesian people of the Hawaiian Islands or their descendants. Native Hawaiians trace their ancestry back to the original Polynesian settlers of Hawaii.According to the U.S...

. Created by the 1978 Hawaii State Constitutional Convention

1978 Hawaii State Constitutional Convention

The 1978 Hawaii State Constitutional Convention is regarded to be the watershed political event in the modern State of Hawaii. The convention established term limits for state office holders, provided a requirement for an annual balanced budget, laid the groundwork for the return of federal land...

, native Hawaiians were given the right for the first time through the Office of Hawaiian Affairs to make their own decisions as to investment of ceded lands and collect revenue generated by those lands to fund programs for the people. The Office of Hawaiian Affairs is considered the most influential arm of the larger Hawaiian sovereignty movement

Hawaiian sovereignty movement

The Hawaiian sovereignty movement is a political movement seeking some form of sovereignty for Hawai'i. Generally, the movement's focus is on self-determination and self-governance, either for Hawaiʻi as an independent nation, or for people of whole or part native Hawaiian ancestry, or for...

 that inspired its creation.

Establishment

The Constitution of Hawaii

Constitution of Hawaii

The Constitution of the State of Hawaiʻi refers to various legal documents throughout the history of the Hawaiian Islands that defined the fundamental principles of authority and governance within its sphere of jurisdiction. Numerous constitutions have been promulgated for the Kingdom of Hawaii,...

 establishes the Office of Hawaiian Affairs under the terms of Article XII, Sections 4 through 7. The article defines "ceded land" as lands held in trust for the native Hawaiian people and therefore never part of the territory "annexed" to the United States. Ceded land was identified as such in the constitution of the Republic of Hawaii

Republic of Hawaii

The Republic of Hawaii was the formal name of the government that controlled Hawaii from 1894 to 1898 when it was run as a republic. The republic period occurred between the administration of the Provisional Government of Hawaii which ended on July 4, 1894 and the adoption of the Newlands...

, Hawaiian Organic Act of 1900 and the Hawaii Statehood Admission Act of 1959. The constitution states, "The Office of Hawaiian Affairs shall hold title to all the real and personal property now or hereafter set aside or conveyed to it which shall be held in trust for native Hawaiians and Hawaiians."

Board of trustees

The Office of Hawaiian Affairs is governed by an elected board of trustees. The constitution provides an outline of that board, "There shall be a board of trustees for the Office of Hawaiian Affairs elected by qualified voters who are Hawaiians, as provided by law. The board members shall be Hawaiians. There shall be not less than nine members of the board of trustees; provided that each of the following Islands have one representative: Oahu, Kauai, Maui, Molokai and Hawaii. The board shall select a chairperson from its members." The board of trustees provision was amended upon a United States Supreme Court ruling in the case of Rice v. Cayetano

Rice v. Cayetano

Rice v. Cayetano, 528 U.S. 495 , was a case filed in 1996 by Big Island rancher Harold "Freddy" Rice against the state of Hawaii and argued before the United States Supreme Court...

that non-Hawaiians could not be excluded from the election process, including the right of non-Hawaiians to run for such an office. (To date, only one non-Hawaiian has been elected to the board: Charles Ota, from 2000-2002.) Trustees are elected to a two year term by general election of Hawaii registered voters. Trusteeship is considered a state position with annual reimbursement of $50,000. The board of trustees generally meet every other week.

The constitution adds, "The board of trustees of the Office of Hawaiian Affairs shall exercise power as provided by law: to manage and administer the proceeds from the sale or other disposition of the lands, natural resources, minerals and income derived from whatever sources for native Hawaiians and Hawaiians, including all income and proceeds from that pro rata portion of the trust referred to in section 4 of this article for native Hawaiians; to formulate policy relating to affairs of native Hawaiians and Hawaiians; and to exercise control over real and personal property set aside by state, federal or private sources and transferred to the board for native Hawaiians and Hawaiians. The board shall have the power to exercise control over the Office of Hawaiian Affairs through its executive officer, the administrator of the Office of Hawaiian Affairs, who shall be appointed by the board."