To express the policy of the United States regarding the United States' relationship with Native Hawaiians, to provide a process for the reorganization of a Native Hawaiian government and the recognition by the United States of the Native Hawaiian government, and for other purposes.

to provide for annexing the 
        Hawaiian Islands to the United States of July 7, 1898 (30 Stat. 
        750), and which were later transferred to the State of Hawaii 
        in the Act entitled ``An Act to provide for the admission of 
        the State of Hawaii into the Union'' approved March 18, 1959 
        (Public Law 86-3;
        73 Stat. 4).
            (4) Indigenous, native people.--The term ``indigenous, 
        native people'' means the lineal descendants of the aboriginal, 
        indigenous, native people of the United States.
            (5) Interagency coordinating group.--The term ``Interagency 
        Coordinating Group'' means the Native Hawaiian Interagency 
        Coordinating Group established under section 5.
            (6) Native hawaiian.--
                    (A) Prior to the recognition by the United States 
                of the Native Hawaiian governing entity, the term 
``Native Hawaiian'' means the indigenous, native people of Hawaii who 
are the direct lineal descendants of the aboriginal, indigenous, native 
people who resided in the islands that now comprise the State of Hawaii 
on or before January 1, 1893, and who occupied and exercised 
sovereignty in the Hawaiian archipelago, including the area that now 
constitutes the State of Hawaii, and includes all Native Hawaiians who 
were eligible in 1921 for the programs authorized by the Hawaiian Homes 
Commission Act (42 Stat. 108, chapter 42) and their lineal descendants.
                    (B) Following the recognition by the United States 
                of the Native Hawaiian governing entity, the term 
                ``Native Hawaiian'' shall have the meaning given to 
                such term in the organic governing documents of the 
                Native Hawaiian governing entity.
            (7) Native hawaiian governing entity.--The term ``Native 
        Hawaiian governing entity'' means the governing entity 
        organized by the Native Hawaiian people.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. UNITED STATES POLICY AND PURPOSE.

    (a) Policy.--The United States reaffirms that--
            (1) Native Hawaiians are a unique and distinct, indigenous, 
        native people, with whom the United States has a political and 
        legal relationship;
            (2) the United States has a special trust relationship to 
        promote the welfare of Native Hawaiians;
            (3) Congress possesses the authority under the Constitution 
        to enact legislation to address the conditions of Native 
        Hawaiians and has exercised this authority through the 
        enactment of--
                    (A) the Hawaiian Homes Commission Act, 1920 (42 
                Stat. 108, chapter 42);
                    (B) the Act entitled ``An Act to provide for the 
                admission of the State of Hawaii into the Union'', 
                approved March 18, 1959 (Public Law 86-3; 73 Stat. 4); 
                and
                    (C) more than 150 other Federal laws addressing the 
                conditions of Native Hawaiians;
            (4) Native Hawaiians have--
                    (A) an inherent right to autonomy in their internal 
                affairs;
                    (B) an inherent right of self-determination and 
                self-governance; and
                    (C) the right to reorganize a Native Hawaiian 
                governing entity; and
            (5) the United States shall continue to engage in a process 
        of reconciliation and political relations with the Native 
        Hawaiian people.
    (b) Purpose.--It is the intent of Congress that the purpose of this 
Act is to provide a process for the recognition by the United States of 
a Native Hawaiian governing entity for purposes of continuing a 
government-to-government relationship.

SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE FOR NATIVE HAWAIIAN 
              RELATIONS.

    (a) In General.--There is established within the Office of the 
Secretary the United States Office for Native Hawaiian Relations.
    (b) Duties of the Office.--The United States Office for Native 
Hawaiian Relations shall--
            (1) effectuate and coordinate the trust relationship 
        between the Native Hawaiian people and the United States, and 
        upon the recognition of the Native Hawaiian governing entity by 
        the United States, between the Native Hawaiian governing entity 
        and the United States through the Secretary, and with all other 
        Federal agencies;
            (2) continue the process of reconciliation with the Native 
        Hawaiian people, and upon the recognition of the Native 
        Hawaiian governing entity by the United States, continue the 
        process of reconciliation with the Native Hawaiian governing 
        entity;
            (3) fully integrate the principle and practice of 
        meaningful, regular, and appropriate consultation with the 
        Native Hawaiian governing entity by providing timely notice to, 
        and consulting with the Native Hawaiian people and the Native 
        Hawaiian governing entity prior to taking any actions that may 
        have the potential to significantly affect Native Hawaiian 
        resources, rights, or lands;
            (4) consult with the Interagency Coordinating Group, other 
        Federal agencies, and with relevant agencies of the State of 
        Hawaii on policies, practices, and proposed actions affecting 
        Native Hawaiian resources, rights, or lands; and
            (5) prepare and submit to the Committee on Indian Affairs 
        and the Committee on Energy and Natural Resources of the 
        Senate, and the Committee on Resources of the House of 
        Representatives an annual report detailing the activities of 
        the Interagency Coordinating Group that are undertaken with 
        respect to the continuing process of reconciliation and to 
        effect meaningful consultation with the Native Hawaiian 
        governing entity and providing recommendations for any 
        necessary changes to existing Federal statutes or regulations 
        promulgated under the authority of Federal law.

SEC. 5. NATIVE HAWAIIAN INTERAGENCY COORDINATING GROUP.

    (a) Establishment.--In recognition of the fact that Federal 
programs authorized to address the conditions of Native Hawaiians are 
largely administered by Federal agencies other than the Department of 
the Interior, there is established an interagency coordinating group to 
be known as the ``Native Hawaiian Interagency Coordinating Group''.
    (b) Composition.--The Interagency Coordinating Group shall be 
composed of officials, to be designated by the President, from--
            (1) each Federal agency that administers Native Hawaiian 
        programs, establishes or implements policies that affect Native 
        Hawaiians, or whose actions may significantly or uniquely 
        impact on Native Hawaiian resources, rights, or lands; and
            (2) the United States Office for Native Hawaiian Relations 
        established under section 4.
    (c) Lead Agency.--The Department of the Interior shall serve as the 
lead agency of the Interagency Coordinating Group, and meetings of the 
Interagency Coordinating Group shall be convened by the lead agency.
    (d) Duties.--The responsibilities of the Interagency Coordinating 
Group shall be--
            (1) the coordination of Federal programs and policies that 
        affect Native Hawaiians or actions by any agency or agencies of 
        the Federal Government which may significantly or uniquely 
        impact on Native Hawaiian resources, rights, or lands;
            (2) to assure that each Federal agency develops a policy on 
        consultation with the Native Hawaiian people, and upon 
        recognition of the Native Hawaiian governing entity by the 
        United States, consultation with the Native Hawaiian governing 
        entity; and
            (3) to assure the participation of each Federal agency in 
        the development of the report to Congress authorized in section 
        4(b)(5).

SEC. 6. PROCESS FOR THE RECOGNITION OF THE NATIVE HAWAIIAN GOVERNING 
              ENTITY.

    (a) Recognition of the Native Hawaiian Governing Entity.--The right 
of the Native Hawaiian people to organize for their common welfare and 
to adopt appropriate organic governing documents is hereby recognized 
by the United States.
    (b) Process for Recognition.--
            (1) Submittal of organic governing documents.--Following 
        the organization of the Native Hawaiian governing entity, the 
        adoption of organic governing documents, and the election of 
        officers of the Native Hawaiian governing entity, the duly 
        elected officers of the Native Hawaiian governing entity shall 
        submit the organic governing documents of the Native Hawaiian 
        governing entity to the Secretary.
            (2) Certifications.--
                    (A) In general.--Within 90 days of the date that 
                the duly elected officers of the Native Hawaiian 
                governing entity submit the organic governing documents 
                to the Secretary, the Secretary shall certify that the 
                organic governing documents--
                            (i) establish the criteria for citizenship 
                        in the Native Hawaiian governing entity;
                            (ii) were adopted by a majority vote of the 
                        citizens of the Native Hawaiian governing 
                        entity;
                            (iii) provide for the exercise of 
                        governmental authorities by the Native Hawaiian 
                        governing entity;
                            (iv) provide for the Native Hawaiian 
                        governing entity to negotiate with Federal, 
                        State, and local governments, and other 
                        entities;
                            (v) prevent the sale, disposition, lease, 
                        or encumbrance of lands, interests in lands, or 
                        other assets of the Native Hawaiian governing 
                        entity without the consent of the Native 
                        Hawaiian governing entity;
                            (vi) provide for the protection of the 
                        civil rights of the citizens of the Native 
                        Hawaiian governing entity and all persons 
                        subject to the authority of the Native Hawaiian 
                        governing entity, and ensure that the Native 
                        Hawaiian governing entity exercises its 
                        authority consistent with the requirements of 
                        section 202 of the Act of April 11, 1968 (25 
                        U.S.C. 1302); and
                            (vii) are consistent with applicable 
                        Federal law and the special trust relationship 
                        between the United States and the indigenous 
                        native people of the United States.
                    (B) By the secretary.--Within 90 days of the date 
                that the duly elected officers of the Native Hawaiian 
                governing entity submit the organic governing documents 
                to the Secretary, the Secretary shall certify that the 
                State of Hawaii supports the recognition of the Native 
                Hawaiian governing entity by the United States as 
                evidenced by a resolution or act of the Hawaii State 
                legislature.
                    (C) Resubmission in case of noncompliance.--
                            (i) Resubmission by the secretary.--If the 
                        Secretary determines that the organic governing 
                        documents do not address the criteria described 
                        in subparagraph (A) or that the organic 
                        governing documents, or any part thereof, are 
                        not consistent with other applicable Federal 
                        law, the Secretary shall resubmit the organic 
                        governing documents to the duly elected 
                        officers of the Native Hawaiian governing 
                        entity along with a justification for each of 
                        the Secretary's findings as to why the 
                        provisions are not consistent with such law.
                            (ii) Amendment and resubmission by the 
                        native hawaiian governing entity.--If the 
                        organic governing documents are resubmitted to 
                        the duly elected officers of the Native 
                        Hawaiian governing entity by the Secretary 
                        under clause (i), the duly elected officers of 
                        the Native Hawaiian governing entity shall--
                                    (I) amend the organic governing 
                                documents to ensure that the documents 
                                comply with applicable Federal law and 
                                address the criteria described in 
                                subparagraph (A); and
                                    (II) resubmit the amended organic 
                                governing documents to the Secretary 
                                for certification in accordance with 
                                the requirements of this paragraph.
                    (D) Certifications deemed made.--The certifications 
                authorized in subparagraph (A) shall be deemed to have 
                been made if the Secretary has not acted within 90 days 
                of the date that the duly elected officers of the 
                Native Hawaiian governing entity have submitted the 
                organic governing documents of the Native Hawaiian 
                governing entity to the Secretary.
            (3) Federal recognition.--Notwithstanding any other 
        provision of law, upon the election of the officers of the 
        Native Hawaiian governing entity and the certifications by the 
        Secretary required under paragraph (2), the United States 
        hereby extends Federal recognition to the Native Hawaiian 
        governing entity as the representative governing body of the 
        Native Hawaiian people.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out the activities authorized in this Act.

SEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL
              AUTHORITY; NEGOTIATIONS.

    (a) Reaffirmation.--The delegation by the United States of 
authority to the State of Hawaii to address the conditions of the 
indigenous, native people of Hawaii contained in the Act entitled ``An 
Act to provide for the admission of the State of Hawaii into the 
Union'' approved March 18, 1959 (Public Law 86-3; 73 Stat. 5) is hereby 
reaffirmed.
    (b) Negotiations.--Upon the Federal recognition of the Native 
Hawaiian governing entity by the United States, the United States is 
authorized to negotiate and enter into an agreement with the State of 
Hawaii and the Native Hawaiian governing entity regarding the transfer 
of lands, resources, and assets dedicated to Native Hawaiian use to the 
Native Hawaiian governing entity. Nothing in this Act is intended to 
serve as a settlement of any claims against the United States.

SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS.

    (a) Indian Gaming Regulatory Act.--Nothing contained in this Act 
shall be construed as an authorization for the Native Hawaiian 
governing entity to conduct gaming activities under the authority of 
the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
    (b) Bureau of Indian Affairs.--Nothing contained in this Act shall 
be construed as an authorization for eligibility to participate in any 
programs and services provided by the Bureau of Indian Affairs for any 
persons not otherwise eligible for such programs or services.

SEC. 10. SEVERABILITY.

    In the event that any section or provision of this Act is held 
invalid, it is the intent of Congress that the remaining sections or 
provisions of this Act shall continue in full force and effect.




                                                  

Summary: Establishes the United States Office for Native Hawaiian Relations within the Office of the Secretary of the Interior. Establishes the Native Hawaiian Interagency Coordinating Group to: (1) coordinate Federal programs and policies or actions that may significantly or uniquely affect Native Hawaiian resources, rights, or lands. (2) assure that each Federal agency develops a policy on consultation with Native Hawaiians. And (3) assure the participation of such agencies in the development of an annual report to Congress. Recognizes the right of the Native Hawaiian people to adopt organic governing documents, to be submitted to the Secretary. Requires the Secretary to certify that: (1) such documents meet specified certifications. And (2) the State of Hawaii supports the recognition of such Native Hawaiian government as evidenced by a resolution or act of the Hawaiian State legislature. Extends Federal recognition to such government as the representative governing body of the Native Hawaiian people upon election of officers and certification by the Secretary. Authorizes appropriations. Reaffirms the delegation by the United States of authority to the State of Hawaii to address the conditions of the indigenous, native people of Hawaii. Permits the United States, upon Federal recognition of the Native Hawaiian government, to enter into an agreement with the State and such government regarding the transfer of lands, resources, and assets dedicated to Native Hawaiian use.