ARTICLE XV


STATE BOUNDARIES; CAPITAL; FLAG; LANGUAGE AND MOTTO


Note


  This article was redesignated from "Article XII State Boundaries, Capital, Flag" to "Article XV State Boundaries; Capital; Flag; Language and Motto" by Const Con 1978 and election Nov 7, 1978.  The former Article XV now appears as Article XVII.


BOUNDARIES


Section 1.  The State of Hawaii shall consist of all the islands, together with their appurtenant reefs and territorial and archipelagic waters, included in the Territory of Hawaii on the date of enactment of the Admission Act, except the atoll known as Palmyra Island, together with its appurtenant reefs and territorial waters; but this State shall not be deemed to include the Midway Islands, Johnston Island, Sand Island (offshore from Johnston Island) or Kingman Reef, together with their appurtenant reefs and territorial waters. [Am 73 Stat 4 and election June 27, 1959; ren and am Const Con 1978 and election Nov 7, 1978]


Note


  Date of enactment of Admission Act:  March 18, 1959.

  At election of June 27, 1959, in amending this section to conform to the Admission Act, Public Law 86-3 (73 Stat 4), pursuant to sections 2 and 7(b) of the Admission Act, State also relinquished to the United States "all claims of this State to any areas of land or sea outside the boundaries so prescribed...."

  Legislative history of section 2 of Admission Act, see 196 F. Supp. 564.

  Language adopted to describe boundaries in section 2 of the Admission Act first was used in H.R. 3575 as passed by the Senate, 83d Congress, 2d Session, April 7, 1954.  See explanation of Senator Cordon, Chairman of Senate Committee on Interior and Insular Affairs, March 8, 1954, on consideration of S. 49 for which H.R. 3575 later was substituted, 100 Cong. Rec. p. 2789, cols. 1-2; and see Senate hearings on S. 49, S. 51, and H.R. 3575, 83d Congress, 1st and 2d Sessions, June 29, 1953--January 8, 1954, including materials on islands and reefs comprising Territory of Hawaii.

  When Admission Act finally was enacted by 86th Congress, 1st Session, committee report stated that "the boundaries of the new State will include all of the islands and territorial waters of the Territory of Hawaii, except the Island of Palmyra."  Other islands treated as excluded were "not considered to be part of the Territory."  Sen. Rep. 80, H.R. Rep. No. 32, 86th Congress, 1st Session.

  Report of the Commission which prepared the Hawaiian Organic Act, transmitted to Congress by message of the President, Sen. Doc. 16, 55th Congress, 3d Session, 1898, listed in addition to the eight principal islands and Palmyra, ten others.  But this listing has not been deemed to be complete.  See note to §2 of Hawaiian Organic Act.

  As to federal reservations, see note to §1-4.


Cross References


  Coastal zone management area, see §205A-1.

  State marine waters, see §§187A-1.5, 188-22.5, 189-1.5, 190-1.5, 190D-3, and 195D-2.

  Waters of the State, see §200-23.


Case Notes


  Territorial waters extend only three miles from each island.  352 F.2d 735, aff. 235 F. Supp. 990.

  Question of jurisdiction over channels between islands raised but not decided.  47 H. 87, 384 P.2d 536.









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