The state Senate today unanimously passed legislation that would restrict the sale of ceded lands by the state.

The legislation falls short of a full moratorium on sales of ceded lands that Native Hawaiians had sought. But if enacted, the bill would make it politically difficult for the state to sell or transfer anything more than small portions of the lands until Native Hawaiian claims are settled.

The measure now goes to the House.

The move came on a day the U.S. Supreme Court ruled that acting Solicitor General Edwin Kneedler will be allowed to speak on behalf of the state of Hawaii in its ceded land case against the Office of Hawaiian Affairs on Wednesday.

OHA and its supporters had hoped that President Obama's new solicitor general, Elena Kagan, would drop Kneelder's support of the state's position on the case.

But at a news conference at Iolani Palace this morning, OHA officials pointed out that Kagan cannot take office until she is confirmed. Kneedler was appointed to the acting post on Jan. 16 by outgoing President Bush and the request to appear before the High Court was made Jan. 29.

OHA administrator Clyde Namuo said he does not know if Kneedler will actually appear before the court and argue for 10 minutes on behalf of the state.

OHA and four Native Hawaiians last year won a case in Hawaii Supreme Court barring the state from selling ceded lands until claims of Native Hawaiians to those lands are resolved.

The U.S. Supreme Court agreed to state Attorney General Mark Bennett's petition to have the case heard. Oral arguments are scheduled for Wednesday.

"This case concerns whether federal law required or permitted the Supreme Court of Hawaii to enjoin the State of Hawaii from transferring lands that the United States obtained in fee simple absolute upon the annexation of Hawaii in 1898 and granted to the State, to hold in trust, upon its admission to the Union," Kneedler wrote in his petition. "Those issues implicate significant federal interests."

The ceded lands in question are 1.2 million acres that once was under the control of the Hawaiian monarchy. The U.S. transferred the land in trust to the state when it was granted statehood in 1959.

The Associated Press contributed to this report.