II

Calendar No. 893

106TH CONGRESS

2D SESSION H. R. 4904

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 27 (legislative day, SEPTEMBER 22), 2000

Revised

OCTOBER 2 (legislative day, SEPTEMBER 22), 2000

Read twice and placed on the calendar

AN ACT

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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS.

4 Congress makes the following findings:

5 (1) The Constitution vests Congress with the

6 authority to address the conditions of the indige7 nous, native people of the United States.

8 (2) Native Hawaiians, the native people of the

9 Hawaiian archipelago which is now part of the

10 United States, are indigenous, native people of the

11 United States.

12 (3) The United States has a special trust rela13 tionship to promote the welfare of the native people

14 of the United States, including Native Hawaiians.

15 (4) Under the treaty making power of the

16 United States, Congress exercised its constitutional

17 authority to confirm a treaty between the United

18 States and the government that represented the Ha19 waiian people, and from 1826 until 1893, the United

20 States recognized the independence of the Kingdom

21 of Hawaii, extended full diplomatic recognition to

22 the Hawaiian government, and entered into treaties

23 and conventions with the Hawaiian monarchs to gov24 ern commerce and navigation in 1826, 1842, 1849,

25 1875, and 1887.
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1 (5) Pursuant to the provisions of the Hawaiian

2 Homes Commission Act, 1920 (42 Stat. 108, chap3 ter 42), the United States set aside 203,500 acres

4 of land in the Federal territory that later became

5 the State of Hawaii to address the conditions of Na6 tive Hawaiians.

7 (6) By setting aside 203,500 acres of land for

8 Native Hawaiian homesteads and farms, the Act as9 sists the Native Hawaiian community in maintaining

10 distinct native settlements throughout the State of

11 Hawaii.

12 (7) Approximately 6,800 Native Hawaiian les13 sees and their family members reside on Hawaiian

14 Home Lands and approximately 18,000 Native Ha15 waiians who are eligible to reside on the Home

16 Lands are on a waiting list to receive assignments

17 of land.

18 (8) In 1959, as part of the compact admitting

19 Hawaii into the United States, Congress established

20 the Ceded Lands Trust for five purposes, one of

21 which is the betterment of the conditions of Native

22 Hawaiians. Such trust consists of approximately

23 1,800,000 acres of land, submerged lands, and the

24 revenues derived from such lands, the assets of
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1 which have never been completely inventoried or seg2 regated.

3 (9) Throughout the years, Native Hawaiians

4 have repeatedly sought access to the Ceded Lands

5 Trust and its resources and revenues in order to es6 tablish and maintain native settlements and distinct

7 native communities throughout the State.

8 (10) The Hawaiian Home Lands and the Ceded

9 Lands provide an important foundation for the abil10 ity of the Native Hawaiian community to maintain

11 the practice of Native Hawaiian culture, language,

12 and traditions, and for the survival of the Native

13 Hawaiian people.

14 (11) Native Hawaiians have maintained other

15 distinctly native areas in Hawaii.

16 (12) On November 23, 1993, Public Law 103–

17 150 (107 Stat. 1510) (commonly known as the Apol18 ogy Resolution) was enacted into law, extending an

19 apology on behalf of the United States to the Native

20 people of Hawaii for the United States role in the

21 overthrow of the Kingdom of Hawaii.

22 (13) The Apology Resolution acknowledges that

23 the overthrow of the Kingdom of Hawaii occurred

24 with the active participation of agents and citizens

25 of the United States and further acknowledges that
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1 the Native Hawaiian people never directly relin2 quished their claims to their inherent sovereignty as

3 a people over their national lands to the United

4 States, either through their monarchy or through a

5 plebiscite or referendum.

6 (14) The Apology Resolution expresses the com7 mitment of Congress and the President to acknowl8 edge the ramifications of the overthrow of the King9 dom of Hawaii and to support reconciliation efforts

10 between the United States and Native Hawaiians;

11 and to have Congress and the President, through the

12 President’s designated officials, consult with Native

13 Hawaiians on the reconciliation process as called for

14 under the Apology Resolution.

15 (15) Despite the overthrow of the Hawaiian

16 government, Native Hawaiians have continued to

17 maintain their separate identity as a distinct native

18 community through the formation of cultural, social,

19 and political institutions, and to give expression to

20 their rights as native people to self-determination

21 and self-governance as evidenced through their par22 ticipation in the Office of Hawaiian Affairs.

23 (16) Native Hawaiians also maintain a distinct

24 Native Hawaiian community through the provision

25 of governmental services to Native Hawaiians, in-
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1 cluding the provision of health care services, edu2 cational programs, employment and training pro3 grams, children’s services, conservation programs,

4 fish and wildlife protection, agricultural programs,

5 native language immersion programs and native lan6 guage immersion schools from kindergarten through

7 high school, as well as college and master’s degree

8 programs in native language immersion instruction,

9 and traditional justice programs, and by continuing

10 their efforts to enhance Native Hawaiian self-deter11 mination and local control.

12 (17) Native Hawaiians are actively engaged in

13 Native Hawaiian cultural practices, traditional agri14 cultural methods, fishing and subsistence practices,

15 maintenance of cultural use areas and sacred sites,

16 protection of burial sites, and the exercise of their

17 traditional rights to gather medicinal plants and

18 herbs, and food sources.

19 (18) The Native Hawaiian people wish to pre20 serve, develop, and transmit to future Native Hawai21 ian generations their ancestral lands and Native Ha22 waiian political and cultural identity in accordance

23 with their traditions, beliefs, customs and practices,

24 language, and social and political institutions, and to
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1 achieve greater self-determination over their own af2 fairs.

3 (19) This Act provides for a process within the

4 framework of Federal law for the Native Hawaiian

5 people to exercise their inherent rights as a distinct

6 aboriginal, indigenous, native community to reorga7 nize a Native Hawaiian government for the purpose

8 of giving expression to their rights as native people

9 to self-determination and self-governance.

10 (20) The United States has declared that—

11 (A) the United States has a special respon12 sibility for the welfare of the native peoples of

13 the United States, including Native Hawaiians;

14 (B) Congress has identified Native Hawai15 ians as a distinct indigenous group within the

16 scope of its Indian affairs power, and has en17 acted dozens of statutes on their behalf pursu18 ant to its recognized trust responsibility; and

19 (C) Congress has also delegated broad au20 thority to administer a portion of the Federal

21 trust responsibility to the State of Hawaii.

22 (21) The United States has recognized and re23 affirmed the special trust relationship with the Na24 tive Hawaiian people through—
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1 (A) the enactment of the Act entitled ‘‘An

2 Act to provide for the admission of the State of

3 Hawaii into the Union’’, approved March 18,

4 1959 (Public Law 86–3; 73 Stat. 4) by—

5 (i) ceding to the State of Hawaii title

6 to the public lands formerly held by the

7 United States, and mandating that those

8 lands be held in public trust for five pur9 poses, one of which is for the betterment

10 of the conditions of Native Hawaiians; and

11 (ii) transferring the United States re12 sponsibility for the administration of the

13 Hawaiian Home Lands to the State of Ha14 waii, but retaining the authority to enforce

15 the trust, including the exclusive right of

16 the United States to consent to any actions

17 affecting the lands which comprise the cor18 pus of the trust and any amendments to

19 the Hawaiian Homes Commission Act,

20 1920 (42 Stat. 108, chapter 42) that are

21 enacted by the legislature of the State of

22 Hawaii affecting the beneficiaries under

23 the Act.

24 (22) The United States continually has recog25 nized and reaffirmed that—
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1 (A) Native Hawaiians have a cultural, his2 toric, and land-based link to the aboriginal, na3 tive people who exercised sovereignty over the

4 Hawaiian Islands;

5 (B) Native Hawaiians have never relin6 quished their claims to sovereignty or their sov7 ereign lands;

8 (C) the United States extends services to

9 Native Hawaiians because of their unique sta10 tus as the aboriginal, native people of a once

11 sovereign nation with whom the United States

12 has a political and legal relationship; and

13 (D) the special trust relationship of Amer14 ican Indians, Alaska Natives, and Native Ha15 waiians to the United States arises out of their

16 status as aboriginal, indigenous, native people

17 of the United States.

18 SEC. 2. DEFINITIONS.

19 In this Act:

20 (1) ABORIGINAL, INDIGENOUS, NATIVE PEO21 PLE.—The term ‘‘aboriginal, indigenous, native peo22 ple’’ means those people whom Congress has recog23 nized as the original inhabitants of the lands and

24 who exercised sovereignty prior to European contact
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1 in the areas that later became part of the United

2 States.

3 (2) ADULT MEMBERS.—The term ‘‘adult mem4 bers’’ means those Native Hawaiians who have at5 tained the age of 18 at the time the Secretary pub6 lishes the final roll, as provided in section 7(a)(3) of

7 this Act.

8 (3) APOLOGY RESOLUTION.—The term ‘‘Apol9 ogy Resolution’’ means Public Law 103–150 (107

10 Stat. 1510), a joint resolution offering an apology to

11 Native Hawaiians on behalf of the United States for

12 the participation of agents of the United States in

13 the January 17, 1893 overthrow of the Kingdom of

14 Hawaii.

15 (4) CEDED LANDS.—The term ‘‘ceded lands’’

16 means those lands which were ceded to the United

17 States by the Republic of Hawaii under the Joint

18 Resolution to provide for annexing the Hawaiian Is19 lands to the United States of July 7, 1898 (30 Stat.

20 750), and which were later transferred to the State

21 of Hawaii in the Act entitled ‘‘An Act to provide for

22 the admission of the State of Hawaii into the

23 Union’’ approved March 18, 1959 (Public Law 86–

24 3; 73 Stat. 4).
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1 (5) COMMISSION.—The term ‘‘Commission’’

2 means the commission established in section 7 of

3 this Act to certify that the adult members of the Na4 tive Hawaiian community contained on the roll de5 veloped under that section meet the definition of Na6 tive Hawaiian, as defined in paragraph (7)(A).

7 (6) INDIGENOUS, NATIVE PEOPLE.—The term

8 ‘‘indigenous, native people’’ means the lineal de9 scendants of the aboriginal, indigenous, native peo10 ple of the United States.

11 (7) NATIVE HAWAIIAN.—

12 (A) Prior to the recognition by the United

13 States of a Native Hawaiian government under

14 the authority of section 7(d)(2) of this Act, the

15 term ‘‘Native Hawaiian’’ means the indigenous,

16 native people of Hawaii who are the lineal de17 scendants of the aboriginal, indigenous, native

18 people who resided in the islands that now com19 prise the State of Hawaii on or before January

20 1, 1893, and who occupied and exercised sov21 ereignty in the Hawaiian archipelago, including

22 the area that now constitutes the State of Ha23 waii, and includes all Native Hawaiians who

24 were eligible in 1921 for the programs author25 ized by the Hawaiian Homes Commission Act
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1 (42 Stat. 108, chapter 42) and their lineal de2 scendants.

3 (B) Following the recognition by the

4 United States of the Native Hawaiian govern5 ment under section 7(d)(2) of this Act, the

6 term ‘‘Native Hawaiian’’ shall have the mean7 ing given to such term in the organic governing

8 documents of the Native Hawaiian government.

9 (8) NATIVE HAWAIIAN GOVERNMENT.—The

10 term ‘‘Native Hawaiian government’’ means the citi11 zens of the government of the Native Hawaiian peo12 ple that is recognized by the United States under

13 the authority of section 7(d)(2) of this Act.

14 (9) NATIVE HAWAIIAN INTERIM GOVERNING

15 COUNCIL.—The term ‘‘Native Hawaiian Interim

16 Governing Council’’ means the interim governing

17 council that is organized under section 7(c) of this

18 Act.

19 (10) ROLL.—The term ‘‘roll’’ means the roll

20 that is developed under the authority of section 7(a)

21 of this Act.

22 (11) SECRETARY.—The term ‘‘Secretary’’

23 means the Secretary of the Interior.

24 (12) TASK FORCE.—The term ‘‘Task Force’’

25 means the Native Hawaiian Interagency Task Force
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1 established under the authority of section 6 of this

2 Act.

3 SEC. 3. UNITED STATES POLICY AND PURPOSE.

4 (a) POLICY.—The United States reaffirms that—

5 (1) Native Hawaiians are a unique and distinct

6 aboriginal, indigenous, native people, with whom the

7 United States has a political and legal relationship;

8 (2) the United States has a special trust rela9 tionship to promote the welfare of Native Hawaiians;

10 (3) Congress possesses the authority under the

11 Constitution to enact legislation to address the con12 ditions of Native Hawaiians and has exercised this

13 authority through the enactment of—

14 (A) the Hawaiian Homes Commission Act,

15 1920 (42 Stat. 108, chapter 42);

16 (B) the Act entitled ‘‘An Act to provide for

17 the admission of the State of Hawaii into the

18 Union’’, approved March 18, 1959 (Public Law

19 86–3; 73 Stat. 4); and

20 (C) more than 150 other Federal laws ad21 dressing the conditions of Native Hawaiians;

22 (4) Native Hawaiians have—

23 (A) an inherent right to autonomy in their

24 internal affairs;
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1 (B) an inherent right of self-determination

2 and self-governance;

3 (C) the right to reorganize a Native Ha4 waiian government; and

5 (D) the right to become economically self6 sufficient; and

7 (5) the United States shall continue to engage

8 in a process of reconciliation and political relations

9 with the Native Hawaiian people.

10 (b) PURPOSE.—It is the intent of Congress that the

11 purpose of this Act is to provide a process for the reorga12 nization of a Native Hawaiian government and for the rec13 ognition by the United States of the Native Hawaiian gov14 ernment for purposes of continuing a government-to-gov15 ernment relationship.

16 SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE

17 FOR NATIVE HAWAIIAN AFFAIRS.

18 (a) IN GENERAL.—There is established within the

19 Office of the Secretary the United States Office for Native

20 Hawaiian Affairs.

21 (b) DUTIES OF THE OFFICE.—The United States Of22 fice for Native Hawaiian Affairs shall—

23 (1) effectuate and coordinate the special trust

24 relationship between the Native Hawaiian people
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1 and the United States through the Secretary, and

2 with all other Federal agencies;

3 (2) upon the recognition of the Native Hawai4 ian government by the United States as provided for

5 in section 7(d)(2) of this Act, effectuate and coordi6 nate the special trust relationship between the Na7 tive Hawaiian government and the United States

8 through the Secretary, and with all other Federal

9 agencies;

10 (3) fully integrate the principle and practice of

11 meaningful, regular, and appropriate consultation

12 with the Native Hawaiian people by providing timely

13 notice to, and consulting with the Native Hawaiian

14 people prior to taking any actions that may affect

15 traditional or current Native Hawaiian practices and

16 matters that may have the potential to significantly

17 or uniquely affect Native Hawaiian resources, rights,

18 or lands, and upon the recognition of the Native Ha19 waiian government as provided for in section 7(d)(2)

20 of this Act, fully integrate the principle and practice

21 of meaningful, regular, and appropriate consultation

22 with the Native Hawaiian government by providing

23 timely notice to, and consulting with the Native Ha24 waiian people and the Native Hawaiian government

25 prior to taking any actions that may have the poten-
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1 tial to significantly affect Native Hawaiian re2 sources, rights, or lands;

3 (4) consult with the Native Hawaiian Inter4 agency Task Force, other Federal agencies, and with

5 relevant agencies of the State of Hawaii on policies,

6 practices, and proposed actions affecting Native Ha7 waiian resources, rights, or lands;

8 (5) be responsible for the preparation and sub9 mittal to the Committee on Indian Affairs of the

10 Senate, the Committee on Energy and Natural Re11 sources of the Senate, and the Committee on Re12 sources of the House of Representatives of an an13 nual report detailing the activities of the Interagency

14 Task Force established under section 6 of this Act

15 that are undertaken with respect to the continuing

16 process of reconciliation and to effect meaningful

17 consultation with the Native Hawaiian people and

18 the Native Hawaiian government and providing rec19 ommendations for any necessary changes to existing

20 Federal statutes or regulations promulgated under

21 the authority of Federal law;

22 (6) be responsible for continuing the process of

23 reconciliation with the Native Hawaiian people, and

24 upon the recognition of the Native Hawaiian govern25 ment by the United States as provided for in section
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1 7(d)(2) of this Act, be responsible for continuing the

2 process of reconciliation with the Native Hawaiian

3 government; and

4 (7) assist the Native Hawaiian people in facili5 tating a process for self-determination, including but

6 not limited to the provision of technical assistance in

7 the development of the roll under section 7(a) of this

8 Act, the organization of the Native Hawaiian In9 terim Governing Council as provided for in section

10 7(c) of this Act, and the recognition of the Native

11 Hawaiian government as provided for in section 7(d)

12 of this Act.

13 (c) AUTHORITY.—The United States Office for Na14 tive Hawaiian Affairs is authorized to enter into a contract

15 with or make grants for the purposes of the activities au16 thorized or addressed in section 7 of this Act for a period

17 of 3 years from the date of the enactment of this Act.

18 SEC. 5. DESIGNATION OF DEPARTMENT OF JUSTICE REP19 RESENTATIVE.

20 The Attorney General shall designate an appropriate

21 official within the Department of Justice to assist the

22 United States Office for Native Hawaiian Affairs in the

23 implementation and protection of the rights of Native Ha24 waiians and their political, legal, and trust relationship

25 with the United States, and upon the recognition of the
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1 Native Hawaiian government as provided for in section

2 7(d)(2) of this Act, in the implementation and protection

3 of the rights of the Native Hawaiian government and its

4 political, legal, and trust relationship with the United

5 States.

6 SEC. 6. NATIVE HAWAIIAN INTERAGENCY TASK FORCE.

7 (a) ESTABLISHMENT.—There is established an inter8 agency task force to be known as the ‘‘Native Hawaiian

9 Interagency Task Force’’.

10 (b) COMPOSITION.—The Task Force shall be com11 posed of officials, to be designated by the President,

12 from—

13 (1) each Federal agency that establishes or im14 plements policies that affect Native Hawaiians or

15 whose actions may significantly or uniquely impact

16 on Native Hawaiian resources, rights, or lands;

17 (2) the United States Office for Native Hawai18 ian Affairs established under section 4 of this Act;

19 and

20 (3) the Executive Office of the President.

21 (c) LEAD AGENCIES.—The Department of the Inte22 rior and the Department of Justice shall serve as the lead

23 agencies of the Task Force, and meetings of the Task

24 Force shall be convened at the request of either of the

25 lead agencies.
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1 (d) CO-CHAIRS.—The Task Force representative of

2 the United States Office for Native Hawaiian Affairs es3 tablished under the authority of section 4 of this Act and

4 the Attorney General’s designee under the authority of

5 section 5 of this Act shall serve as co-chairs of the Task

6 Force.

7 (e) DUTIES.—The responsibilities of the Task Force

8 shall be—

9 (1) the coordination of Federal policies that af10 fect Native Hawaiians or actions by any agency or

11 agencies of the Federal Government which may sig12 nificantly or uniquely impact on Native Hawaiian re13 sources, rights, or lands;

14 (2) to assure that each Federal agency develops

15 a policy on consultation with the Native Hawaiian

16 people, and upon recognition of the Native Hawaiian

17 government by the United States as provided in sec18 tion 7(d)(2) of this Act, consultation with the Native

19 Hawaiian government; and

20 (3) to assure the participation of each Federal

21 agency in the development of the report to Congress

22 authorized in section 4(b)(5) of this Act.
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1 SEC. 7. PROCESS FOR THE DEVELOPMENT OF A ROLL FOR

2 THE ORGANIZATION OF A NATIVE HAWAIIAN

3 INTERIM GOVERNING COUNCIL, FOR THE OR4 GANIZATION OF A NATIVE HAWAIIAN IN5 TERIM GOVERNING COUNCIL AND A NATIVE

6 HAWAIIAN GOVERNMENT, AND FOR THE REC7 OGNITION OF THE NATIVE HAWAIIAN GOV8 ERNMENT.

9 (a) ROLL.—

10 (1) PREPARATION OF ROLL.—The United

11 States Office for Native Hawaiian Affairs shall as12 sist the adult members of the Native Hawaiian com13 munity who wish to participate in the reorganization

14 of a Native Hawaiian government in preparing a roll

15 for the purpose of the organization of a Native Ha16 waiian Interim Governing Council. The roll shall in17 clude the names of the—

18 (A) adult members of the Native Hawaiian

19 community who wish to become citizens of a

20 Native Hawaiian government and who are—

21 (i) the lineal descendants of the ab22 original, indigenous, native people who re23 sided in the islands that now comprise the

24 State of Hawaii on or before January 1,

25 1893, and who occupied and exercised sov26 ereignty in the Hawaiian archipelago; or
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1 (ii) Native Hawaiians who were eligi2 ble in 1921 for the programs authorized by

3 the Hawaiian Homes Commission Act (42

4 Stat. 108, chapter 42) or their lineal de5 scendants; and

6 (B) the children of the adult members list7 ed on the roll prepared under this subsection.

8 (2) CERTIFICATION AND SUBMISSION.—

9 (A) COMMISSION.—

10 (i) IN GENERAL.—There is authorized

11 to be established a Commission to be com12 posed of nine members for the purpose of

13 certifying that the adult members of the

14 Native Hawaiian community on the roll

15 meet the definition of Native Hawaiian, as

16 defined in section 2(7)(A) of this Act.

17 (ii) MEMBERSHIP.—

18 (I) APPOINTMENT.—The Sec19 retary shall appoint the members of

20 the Commission in accordance with

21 subclause (II). Any vacancy on the

22 Commission shall not affect its powers

23 and shall be filled in the same manner

24 as the original appointment.
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1 (II) REQUIREMENTS.—The mem2 bers of the Commission shall be Na3 tive Hawaiian, as defined in section

4 2(7)(A) of this Act, and shall have ex5 pertise in the certification of Native

6 Hawaiian ancestry.

7 (III) CONGRESSIONAL SUBMIS8 SION OF SUGGESTED CANDIDATES.—

9 In appointing members of the Com10 mission, the Secretary may choose

11 such members from among—

12 (aa) five suggested can13 didates submitted by the Major14 ity Leader of the Senate and the

15 Minority Leader of the Senate

16 from a list of candidates provided

17 to such leaders by the Chairman

18 and Vice Chairman of the Com19 mittee on Indian Affairs of the

20 Senate; and

21 (bb) four suggested can22 didates submitted by the Speaker

23 of the House of Representatives

24 and the Minority Leader of the

25 House of Representatives from a
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1 list provided to the Speaker and

2 the Minority Leader by the

3 Chairman and Ranking member

4 of the Committee on Resources

5 of the House of Representatives.

6 (iii) EXPENSES.—Each member of the

7 Commission shall be allowed travel ex8 penses, including per diem in lieu of sub9 sistence, at rates authorized for employees

10 of agencies under subchapter I of chapter

11 57 of title 5, United States Code, while

12 away from their homes or regular places of

13 business in the performance of services for

14 the Commission.

15 (B) CERTIFICATION.—The Commission

16 shall certify that the individuals listed on the

17 roll developed under the authority of this sub18 section are Native Hawaiians, as defined in sec19 tion 2(7)(A) of this Act.

20 (3) SECRETARY.—

21 (A) CERTIFICATION.—The Secretary shall

22 review the Commission’s certification of the

23 membership roll and determine whether it is

24 consistent with applicable Federal law, includ25 ing the special trust relationship between the
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1 United States and the indigenous, native people

2 of the United States.

3 (B) PUBLICATION.—Upon making the de4 termination authorized in subparagraph (A),

5 the Secretary shall publish a final roll.

6 (C) APPEAL.—

7 (i) ESTABLISHMENT OF MECHA8 NISM.—The Secretary is authorized to es9 tablish a mechanism for an appeal of the

10 Commission’s determination as it

11 concerns—

12 (I) the exclusion of the name of

13 a person who meets the definition of

14 Native Hawaiian, as defined in section

15 2(7)(A) of this Act, from the roll; or

16 (II) a challenge to the inclusion

17 of the name of a person on the roll on

18 the grounds that the person does not

19 meet the definition of Native Hawai20 ian, as so defined.

21 (ii) PUBLICATION; UPDATE.—The

22 Secretary shall publish the final roll while

23 appeals are pending, and shall update the

24 final roll and the publication of the final
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1 roll upon the final disposition of any ap2 peal.

3 (D) FAILURE TO ACT.—If the Secretary

4 fails to make the certification authorized in

5 subparagraph (A) within 90 days of the date

6 that the Commission submits the membership

7 roll to the Secretary, the certification shall be

8 deemed to have been made, and the Commis9 sion shall publish the final roll.

10 (4) EFFECT OF PUBLICATION.—The publication

11 of the final roll shall serve as the basis for the eligi12 bility of adult members listed on the roll to partici13 pate in all referenda and elections associated with

14 the organization of a Native Hawaiian Interim Gov15 erning Council and the Native Hawaiian govern16 ment.

17 (b) RECOGNITION OF RIGHTS.—The right of the Na18 tive Hawaiian people to organize for their common welfare

19 and to adopt appropriate organic governing documents is

20 hereby recognized by the United States.

21 (c) ORGANIZATION OF THE NATIVE HAWAIIAN IN22 TERIM GOVERNING COUNCIL.—

23 (1) ORGANIZATION.—The adult members listed

24 on the roll developed under the authority of sub25 section (a) are authorized to—
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1 (A) develop criteria for candidates to be

2 elected to serve on the Native Hawaiian Interim

3 Governing Council;

4 (B) determine the structure of the Native

5 Hawaiian Interim Governing Council; and

6 (C) elect members to the Native Hawaiian

7 Interim Governing Council.

8 (2) ELECTION.—Upon the request of the adult

9 members listed on the roll developed under the au10 thority of subsection (a), the United States Office

11 for Native Hawaiian Affairs may assist the Native

12 Hawaiian community in holding an election by secret

13 ballot (absentee and mail balloting permitted), to

14 elect the membership of the Native Hawaiian In15 terim Governing Council.

16 (3) POWERS.—

17 (A) IN GENERAL.—The Native Hawaiian

18 Interim Governing Council is authorized to rep19 resent those on the roll in the implementation

20 of this Act and shall have no powers other than

21 those given to it in accordance with this Act.

22 (B) FUNDING.—The Native Hawaiian In23 terim Governing Council is authorized to enter

24 into a contract or grant with any Federal agen25 cy, including but not limited to, the United
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1 States Office for Native Hawaiian Affairs with2 in the Department of the Interior and the Ad3 ministration for Native Americans within the

4 Department of Health and Human Services, to

5 carry out the activities set forth in subpara6 graph (C).

7 (C) ACTIVITIES.—

8 (i) IN GENERAL.—The Native Hawai9 ian Interim Governing Council is author10 ized to conduct a referendum of the adult

11 members listed on the roll developed under

12 the authority of subsection (a) for the pur13 pose of determining (but not limited to)

14 the following:

15 (I) The proposed elements of the

16 organic governing documents of a Na17 tive Hawaiian government.

18 (II) The proposed powers and

19 authorities to be exercised by a Native

20 Hawaiian government, as well as the

21 proposed privileges and immunities of

22 a Native Hawaiian government.

23 (III) The proposed civil rights

24 and protection of such rights of the

25 citizens of a Native Hawaiian govern-
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1 ment and all persons subject to the

2 authority of a Native Hawaiian gov3 ernment.

4 (ii) DEVELOPMENT OF ORGANIC GOV5 ERNING DOCUMENTS.—Based upon the

6 referendum, the Native Hawaiian Interim

7 Governing Council is authorized to develop

8 proposed organic governing documents for

9 a Native Hawaiian government.

10 (iii) DISTRIBUTION.—The Native Ha11 waiian Interim Governing Council is au12 thorized to distribute to all adult members

13 of those listed on the roll, a copy of the

14 proposed organic governing documents, as

15 drafted by the Native Hawaiian Interim

16 Governing Council, along with a brief im17 partial description of the proposed organic

18 governing documents.

19 (iv) CONSULTATION.—The Native Ha20 waiian Interim Governing Council is au21 thorized to freely consult with those mem22 bers listed on the roll concerning the text

23 and description of the proposed organic

24 governing documents.

25 (D) ELECTIONS.—
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1 (i) IN GENERAL.—The Native Hawai2 ian Interim Governing Council is author3 ized to hold elections for the purpose of

4 ratifying the proposed organic governing

5 documents, and upon ratification of the or6 ganic governing documents, to hold elec7 tions for the officers of the Native Hawai8 ian government.

9 (ii) ASSISTANCE.—Upon the request

10 of the Native Hawaiian Interim Governing

11 Council, the United States Office of Native

12 Hawaiian Affairs may assist the Council in

13 conducting such elections.

14 (4) TERMINATION.—The Native Hawaiian In15 terim Governing Council shall have no power or au16 thority under this Act after the time at which the

17 duly elected officers of the Native Hawaiian govern18 ment take office.

19 (d) RECOGNITION OF THE NATIVE HAWAIIAN GOV20 ERNMENT.—

21 (1) PROCESS FOR RECOGNITION.—

22 (A) SUBMITTAL OF ORGANIC GOVERNING

23 DOCUMENTS.—The duly elected officers of the

24 Native Hawaiian government shall submit the
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1 organic governing documents of the Native Ha2 waiian government to the Secretary.

3 (B) CERTIFICATIONS.—Within 90 days of

4 the date that the duly elected officers of the

5 Native Hawaiian government submit the or6 ganic governing documents to the Secretary,

7 the Secretary shall certify that the organic gov8 erning documents—

9 (i) were adopted by a majority vote of

10 the adult members listed on the roll pre11 pared under the authority of subsection

12 (a);

13 (ii) are consistent with applicable Fed14 eral law and the special trust relationship

15 between the United States and the indige16 nous native people of the United States;

17 (iii) provide for the exercise of those

18 governmental authorities that are recog19 nized by the United States as the powers

20 and authorities that are exercised by other

21 governments representing the indigenous,

22 native people of the United States;

23 (iv) provide for the protection of the

24 civil rights of the citizens of the Native

25 Hawaiian government and all persons sub-
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1 ject to the authority of the Native Hawai2 ian government, and to assure that the

3 Native Hawaiian government exercises its

4 authority consistent with the requirements

5 of section 202 of the Act of April 11, 1968

6 (25 U.S.C. 1302);

7 (v) prevent the sale, disposition, lease,

8 or encumbrance of lands, interests in

9 lands, or other assets of the Native Hawai10 ian government without the consent of the

11 Native Hawaiian government;

12 (vi) establish the criteria for citizen13 ship in the Native Hawaiian government;

14 and

15 (vii) provide authority for the Native

16 Hawaiian government to negotiate with

17 Federal, State, and local governments, and

18 other entities.

19 (C) FAILURE TO ACT.—If the Secretary

20 fails to act within 90 days of the date that the

21 duly elected officers of the Native Hawaiian

22 government submitted the organic governing

23 documents of the Native Hawaiian government

24 to the Secretary, the certifications authorized in
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HR 4904 PCS

1 subparagraph (B) shall be deemed to have been

2 made.

3 (D) RESUBMISSION IN CASE OF NON4 COMPLIANCE WITH FEDERAL LAW.—

5 (i) RESUBMISSION BY THE SEC6 RETARY.—If the Secretary determines that

7 the organic governing documents, or any

8 part thereof, are not consistent with appli9 cable Federal law, the Secretary shall re10 submit the organic governing documents to

11 the duly elected officers of the Native Ha12 waiian government along with a justifica13 tion for each of the Secretary’s findings as

14 to why the provisions are not consistent

15 with such law.

16 (ii) AMENDMENT AND RESUBMISSION

17 BY THE NATIVE HAWAIIAN GOVERN18 MENT.—If the organic governing docu19 ments are resubmitted to the duly elected

20 officers of the Native Hawaiian govern21 ment by the Secretary under clause (i), the

22 duly elected officers of the Native Hawai23 ian government shall—

24 (I) amend the organic governing

25 documents to ensure that the docu-
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HR 4904 PCS

1 ments comply with applicable Federal

2 law; and

3 (II) resubmit the amended or4 ganic governing documents to the Sec5 retary for certification in accordance

6 with subparagraphs (B) and (C).

7 (2) FEDERAL RECOGNITION.—

8 (A) RECOGNITION.—Notwithstanding any

9 other provision of law, upon the election of the

10 officers of the Native Hawaiian government and

11 the certifications (or deemed certifications) by

12 the Secretary authorized in paragraph (1), Fed13 eral recognition is hereby extended to the Na14 tive Hawaiian government as the representative

15 governing body of the Native Hawaiian people.

16 (B) NO DIMINISHMENT OF RIGHTS OR

17 PRIVILEGES.—Nothing contained in this Act

18 shall diminish, alter, or amend any existing

19 rights or privileges enjoyed by the Native Ha20 waiian people which are not inconsistent with

21 the provisions of this Act.

22 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

23 There is authorized to be appropriated such sums as

24 may be necessary to carry out the activities authorized in

25 this Act.
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HR 4904 PCS

1 SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AU2 THORITY; NEGOTIATIONS.

3 (a) REAFFIRMATION.—The delegation by the United

4 States of authority to the State of Hawaii to address the

5 conditions of Native Hawaiians contained in the Act enti6 tled ‘‘An Act to provide for the admission of the State

7 of Hawaii into the Union’’ approved March 18, 1959

8 (Public Law 86–3; 73 Stat. 5) is hereby reaffirmed.

9 (b) NEGOTIATIONS.—Upon the Federal recognition

10 of the Native Hawaiian government pursuant to section

11 7(d)(2) of this Act, the United States is authorized to ne12 gotiate and enter into an agreement with the State of Ha13 waii and the Native Hawaiian government regarding the

14 transfer of lands, resources, and assets dedicated to Na15 tive Hawaiian use under existing law as in effect on the

16 date of the enactment of this Act to the Native Hawaiian

17 government.

18 SEC. 10. DISCLAIMER.

19 Nothing in this Act is intended to serve as a settle20 ment of any claims against the United States, or to affect

21 the rights of the Native Hawaiian people under inter22 national law.

23 SEC. 11. REGULATIONS.

24 The Secretary is authorized to make such rules and

25 regulations and such delegations of authority as the Sec-
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1 retary deems necessary to carry out the provisions of this

2 Act.

3 SEC. 12. SEVERABILITY.

4 In the event that any section or provision of this Act,

5 or any amendment made by this Act is held invalid, it

6 is the intent of Congress that the remaining sections or

7 provisions of this Act, and the amendments made by this

8 Act, shall continue in full force and effect.

Passed the House of Representatives September 26,

2000.

Attest: JEFF TRANDAHL,

Clerk.
Calendar No. 893

106TH CONGRESS

2D SESSION H.R. 4904

AN ACT

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 andthe recognition by the United States of the Native Hawaiian government, and for other purposes.

OCTOBER 2 (legislative day, SEPTEMBER 22), 2000

Read twice and placed on the calendar