A bill to express the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity.

of November 
        23, 1993 (Public Law 103-150; 107 Stat. 1510) (commonly known 
        as the ``Apology Resolution''), was enacted into law, extending 
        an apology on behalf of the United States to the Native 
        Hawaiian people for the role of the United States in the 
        overthrow of the Kingdom of Hawaii, and acknowledging that the 
        Native Hawaiian people never directly relinquished to the 
        United States their claims to their inherent sovereignty as a 
        people over their national lands, either through the Kingdom of 
        Hawaii or through a plebiscite or referendum;
            (6) pursuant to Public Law 103-150, on October 23, 2000, 
        the Department of Justice and the Department of the Interior 
        released a report entitled ``From Mauka to Makai: The River of 
        Justice Must Flow Freely'', recommending that Congress enact 
        legislation ``to create a framework for recognizing a 
        government-to-government relationship with a representative 
        Native Hawaiian governing body'';
            (7) on December 16, 2010, the United States announced its 
        support for the United Nations Declaration on the Rights of 
        Indigenous Peoples (Resolution 61/295, adopted September 13, 
        2007), which includes the Native Hawaiian people and states 
        that indigenous peoples possess--
                    (A) the right to self-determination and to freely 
                determine their political status and freely pursue 
                their economic, social, and cultural development; and
                    (B) the right to autonomy or self-government in 
                matters relating to their internal and local affairs; 
                and
            (8) the State of Hawaii has long supported the Federal 
        reaffirmation of the special political and legal relationship 
        with the Native Hawaiian people and a recognition of the Native 
        Hawaiian governing entity by the United States, as evidenced by 
        numerous actions, including through the enactment of Act 195 
        (2011), which--
                    (A) recognizes the Native Hawaiian people as the 
                only indigenous, native people of Hawaii;
                    (B) urges Federal recognition of the Native 
                Hawaiian people and the Native Hawaiian governing 
                entity; and
                    (C) creates the Native Hawaiian Roll Commission to 
                develop a roll of qualified Native Hawaiians to 
                facilitate the reorganization of a Native Hawaiian 
                governing entity.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Council.--The term ``Council'' means the Interim 
        Governing Council established under section 5(c).
            (2) Indigenous, native people.--The term ``indigenous, 
        native people'' means any of the peoples referred to in the 
        Constitution as ``Indians'' and ``Tribes'' that are the 
        original inhabitants who exercised sovereignty over any area 
        that later became part of the United States, including their 
        lineal descendants.
            (3) Native hawaiian governing entity.--The term ``Native 
        Hawaiian governing entity'' means the representative sovereign 
        governing body of the Native Hawaiian people reorganized under 
        section 5.
            (4) Native hawaiian roll commission.--The term ``Native 
        Hawaiian Roll Commission'' means the Commission established by 
        the State of Hawaii under Act 195 (2011).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Special political and legal relationship.--The term 
        ``special political and legal relationship'' means the nature 
        of the relationship between the United States and federally 
        recognized Indian tribes.

SEC. 4. POLICY AND PURPOSE.

    (a) Policy.--It is the policy of the United States that--
            (1) Congress possesses and exercises the constitutional 
        authority to address the conditions of the Native Hawaiian 
        people;
            (2) the Native Hawaiian people have--
                    (A) an inherent right to autonomy in internal 
                affairs;
                    (B) an inherent right of self-determination and 
                self-governance;
                    (C) the right to reorganize a Native Hawaiian 
                governing entity; and
                    (D) the right to become economically self-
                sufficient;
            (3) notwithstanding any other provision of law, the United 
        States--
                    (A) reaffirms the special political and legal 
                relationship between the United States and the Native 
                Hawaiian people, which includes promoting the welfare 
                of the Native Hawaiian people; and
                    (B) reaffirms the authority delegated to the State 
                of Hawaii by the United States to address the 
                conditions of the Native Hawaiian people 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) the United States ensures parity in policy and 
        treatment among all indigenous groups with which the United 
        States has a special political and legal relationship; and
            (5) the United States shall continue to engage in a process 
        of reconciliation and political relations with the Native 
        Hawaiian people.
    (b) Purpose.--The purpose of this Act is to provide a process for 
the reorganization and Federal recognition of a single Native Hawaiian 
governing entity that exercises the inherent powers of self-government 
of a native government under existing law with the same privileges and 
immunities available to other federally recognized Indian tribes.

SEC. 5. REORGANIZATION OF THE NATIVE HAWAIIAN GOVERNING ENTITY.

    (a) Right to Reorganize.--
            (1) In general.--The right of the Native Hawaiian people to 
        reorganize a Native Hawaiian governing entity to provide for 
        the common welfare and to adopt an appropriate constitution and 
        bylaws pursuant to section 16 of the Act of June 18, 1934 (25 
        U.S.C. 476), is recognized by the United States.
            (2) Action by secretary.--In accordance with the 
        recognition under paragraph (1), the Secretary shall carry out 
        the duties and functions of the Secretary pursuant to this 
        section as soon as practicable after the date of enactment of 
        this Act.
    (b) Members.--The individuals listed on the roll compiled and 
certified by the Native Hawaiian Roll Commission shall be considered 
members of the Native Hawaiian people for the purposes of 
reorganization of a Native Hawaiian governing entity, provided that the 
roll is published, available for inspection, and compiled in accordance 
with applicable due process principles.
    (c) Interim Governing Council.--
            (1) Establishment.--The members included on the roll 
        described in subsection (b), in consultation with the 
        Secretary, shall establish a council, to be known as the 
        ``Interim Governing Council'', by--
                    (A) developing criteria based on which candidates 
                included on the roll may be elected to serve on the 
                Council;
                    (B) determining the structure of the Council, 
                including the number of Council members; and
                    (C) electing Council members.
            (2) Powers.--The Council--
                    (A) shall represent the members included on the 
                membership roll in the implementation of this Act;
                    (B) shall have no powers other than the powers 
                provided to the Council by this Act; and
                    (C) may enter into a contract with, or obtain a 
                grant from, any Federal, State, or local government 
                agency or any private nonprofit or entity to carry out 
                the duties of the Council under paragraph (3).
            (3) Duties.--Not later than 2 years after the date on which 
        all members of the Council are elected, the Council shall--
                    (A) secure appropriate input from members included 
                on the roll, through consultation, referenda, or other 
                means, regarding the proposed elements of the 
                constitution and bylaws for the Native Hawaiian 
                governing entity;
                    (B) develop a proposed constitution and bylaws for 
                the Native Hawaiian governing entity;
                    (C) provide to all members the proposed 
                constitution and bylaws, as drafted by the Council, 
                including a brief, objective description of each such 
                provision;
                    (D) not earlier than 90 days after the date of 
                completion of the requirements of subparagraph (C), 
                submit to the Secretary a request to hold an election 
                to ratify the proposed constitution and bylaws; and
                    (E) on ratification, submit to the Secretary the 
                constitution and bylaws for approval under section 16 
                of the Act of June 18, 1934 (25 U.S.C. 476).
            (4) Elections.--The Council, with the assistance of the 
        Secretary, shall hold elections of the officers of the Native 
        Hawaiian governing entity identified in the approved 
        constitution and bylaws.
            (5) Termination.--The Council shall cease to exist and 
        shall have no power or authority under this Act after the date 
        on which all officers of the Native Hawaiian governing entity 
        elected under paragraph (4) are installed.

SEC. 6. APPLICABILITY OF OTHER FEDERAL LAWS.

    (a) Governmental Authority and Power.--The Native Hawaiian 
governing entity shall--
            (1) have the inherent powers and privileges of self-
        government of an Indian tribe under applicable Federal law, 
        including the inherent power and authority--
                    (A) to determine membership in, and membership 
                criteria for, the Native Hawaiian people; and
                    (B) to grant, deny, revoke, or qualify membership 
                without regard to whether any individual is considered 
                to be a member of the Native Hawaiian people under this 
                Act; and
            (2) be considered to be an Indian tribe for purposes of 
        section 104 of the Federally Recognized Indian Tribe List Act 
        of 1994 (25 U.S.C. 479a-1).
    (b) Indian Gaming Regulatory Act.--The Native Hawaiian governing 
entity--
            (1) is subject to the Indian Gaming Regulatory Act (25 
        U.S.C. 2701 et seq.) (including regulations promulgated 
        pursuant to that Act by the Secretary or the National Indian 
        Gaming Commission); and
            (2) may not conduct gaming activities (within the meaning 
        of section 4 of that Act (25 U.S.C. 2703)) unless the State of 
        Hawaii permits such an activity for any purpose by an 
        individual, organization, or entity.
    (c) Indian Reorganization Act.--
            (1) In general.--The Secretary may consider the Native 
        Hawaiian governing entity to be an Indian tribe for purposes of 
        carrying out any activity authorized under the Act of June 18, 
        1934 (commonly known as the ``Indian Reorganization Act'') (25 
        U.S.C. 461 et seq.).
            (2) Ratification and confirmation of actions.--Any action 
        taken by the Secretary pursuant to the Act of June 18, 1934 
        (commonly known as the ``Indian Reorganization Act'') (25 
        U.S.C. 461 et seq.) for the Native Hawaiian governing entity is 
        ratified and confirmed to the extent that the action is 
        challenged based on the question of whether the Native Hawaiian 
        governing entity was federally recognized or under Federal 
        jurisdiction on June 18, 1934.

SEC. 7. SEVERABILITY.

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

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                                       

Summary: Native Hawaiian Government Reorganization Act of 2012 - Recognizes the right of the Native Hawaiian people to reorganize a Native Hawaiian governing entity to provide for their common welfare and to adopt an appropriate constitution and bylaws. Considers the individuals listed on the roll compiled and certified by the Native Hawaiian Roll Commission to be members of the Native Hawaiian people for purposes of reorganizing that entity, provided the roll is published, available for inspection, and compiled in accordance with due process principles. Requires those members, in consultation with the Secretary of the Interior, to establish an Interim Governing Council by: (1) developing the qualifications required of Council candidates, (2) determining the Council's structure, and (3) electing Council members. Requires the Council, within two years of its establishment, to: (1) develop, with appropriate input from the Native Hawaiian people, a proposed constitution and bylaws for the Native Hawaiian governing entity. (2) provide the proposed constitution and bylaws, and an objective description of their provisions, to the Native Hawaiian people. (3) request the Secretary to hold an election to ratify the constitution and bylaws. And (4) submit the ratified constitution and bylaws to the Secretary for approval under the Indian Reorganization Act. Directs the Council, with the Secretary's assistance, to hold elections for officers of the Native Hawaiian governing entity identified in the approved constitution and bylaws. Terminates the Council on the date the members of the Native Hawaiian governing entity are installed. Gives the Native Hawaiian governing entity the inherent powers and privileges of self-government of an Indian tribe under applicable federal law. Considers the governing entity to be an Indian tribe eligible for the special programs and services the federal government provides to Indians. Subjects the governing entity to the Indian Gaming Regulatory Act. Prohibits the governing entity from conducting gaming activities, unless Hawaii permits such an activity for any purpose by an individual, organization, or entity. Authorizes the Secretary to consider the governing entity to be an Indian tribe for purposes of carrying out any activity authorized under the Indian Reorganization Act. Ratifies and confirms any action taken by the Secretary pursuant to the Indian Reorganization Act for the Native Hawaiian governing entity to the extent the action is challenged based on the question of whether the governing entity was federally recognized or under federal jurisdiction on June 18, 1934. Authorizes appropriations for the implementation of this Act.