II 

Calendar No. 319 

111TH CONGRESS 

2D SESSION H. R. 2314 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 24, 2010 

Received 

MARCH 15, 2010 

Read the first time 

MARCH 16, 2010 

Read the second time and placed on the calendar 

AN ACT 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Native Hawaiian Gov3 ernment Reorganization Act of 2010’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) the Constitution vests Congress with the au7 thority to address the conditions of the indigenous, 

8 native people of the United States and the Supreme 

9 Court has held that under the Indian Commerce, 

10 Treaty, Supremacy, and Property Clauses, and the 

11 War Powers, Congress may exercise that power to 

12 rationally promote the welfare of the native peoples 

13 of the United States so long as the native people are 

14 a ‘‘distinctly native community’’; 

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

16 Hawaiian archipelago that is now part of the United 

17 States, are 1 of the indigenous, native peoples of the 

18 United States, and the Native Hawaiian people are 

19 a distinctly native community; 

20 (3) the United States has a special political and 

21 legal relationship with, and has long enacted legisla22 tion to promote the welfare of, the native peoples of 

23 the United States, including the Native Hawaiian 

24 people; 

25 (4) under the authority of the Constitution, the 

26 United States concluded a number of treaties with 


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1 the Kingdom of Hawaii, and from 1826 until 1893, 

2 the United States— 

3 (A) recognized the sovereignty of the King4 dom of Hawaii as a nation; 

5 (B) accorded full diplomatic recognition to 

6 the Kingdom of Hawaii; and 

7 (C) entered into treaties and conventions 

8 of peace, friendship and commerce with the 

9 Kingdom of Hawaii to govern trade, commerce, 

10 and navigation in 1826, 1842, 1849, 1875, and 

11 1887; 

12 (5) pursuant to the Hawaiian Homes Commis13 sion Act, 1920 (42 Stat. 108, chapter 42), the 

14 United States set aside approximately 203,500 acres 

15 of land in trust to better address the conditions of 

16 Native Hawaiians in the Federal territory that later 

17 became the State of Hawaii and in enacting the Ha18 waiian Homes Commission Act, 1920, Congress ac19 knowledged the Native Hawaiian people as a native 

20 people of the United States, as evidenced by the 

21 Committee Report, which notes that Congress relied 

22 on the Indian affairs power and the War Powers, in23 cluding the power to make peace; 

24 (6) by setting aside 203,500 acres of land in 

25 trust for Native Hawaiian homesteads and farms, 


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1 the Hawaiian Homes Commission Act, 1920, assists 

2 the members of the Native Hawaiian community in 

3 maintaining distinctly native communities through4 out the State of Hawaii; 

5 (7) approximately 9,800 Native Hawaiian fami6 lies reside on the Hawaiian Home Lands, and ap7 proximately 25,000 Native Hawaiians who are eligi8 ble to reside on the Hawaiian Home Lands are on 

9 a waiting list to receive assignments of Hawaiian 

10 Home Lands; 

11 (8)(A) in 1959, as part of the compact with the 

12 United States admitting Hawaii into the Union, 

13 Congress delegated the authority and responsibility 

14 to administer the Hawaiian Homes Commission Act, 

15 1920, lands in trust for Native Hawaiians and es16 tablished a new public trust (commonly known as 

17 the ‘‘ceded lands trust’’), for 5 purposes, 1 of which 

18 is the betterment of the conditions of Native Hawai19 ians, and Congress thereby reaffirmed its recogni20 tion of the Native Hawaiians as a distinctly native 

21 community with a direct lineal and historical succes22 sion to the aboriginal, indigenous people of Hawaii; 

23 (B) the public trust consists of lands, including 

24 submerged lands, natural resources, and the reve25 nues derived from the lands; and 


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1 (C) the assets of this public trust have never 

2 been completely inventoried or segregated; 

3 (9) Native Hawaiians have continuously sought 

4 access to the ceded lands in order to establish and 

5 maintain native settlements and distinct native com6 munities throughout the State; 

7 (10) the Hawaiian Home Lands and other 

8 ceded lands provide important native land reserves 

9 and resources for the Native Hawaiian community 

10 to maintain the practice of Native Hawaiian culture, 

11 language, and traditions, and for the continuity, sur12 vival, and economic self-sufficiency of the Native 

13 Hawaiian people as a distinctly native political com14 munity; 

15 (11) Native Hawaiians continue to maintain 

16 other distinctly native areas in Hawaii, including na17 tive lands that date back to the ali‘i and kuleana 

18 lands reserved under the Kingdom of Hawaii; 

19 (12) through the Sovereign Council of Hawaiian 

20 Homelands Assembly and Native Hawaiian home21 stead associations, Native Hawaiian civic associa22 tions, charitable trusts established by the Native Ha23 waiian ali‘i, nonprofit native service providers and 

24 other community associations, the Native Hawaiian 

25 people have actively maintained native traditions and 


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1 customary usages throughout the Native Hawaiian 

2 community and the Federal and State courts have 

3 continuously recognized the right of the Native Ha4 waiian people to engage in certain customary prac5 tices and usages on public lands; 

6 (13) on November 23, 1993, public law 103– 

7 150 (107 Stat. 1510) (commonly known as the 

8 ‘‘Apology Resolution’’) was enacted into law, extend9 ing an apology to Native Hawaiians on behalf of the 

10 people of the United States for the United States’ 

11 role in the overthrow of the Kingdom of Hawaii; 

12 (14) the Apology Resolution acknowledges that 

13 the overthrow of the Kingdom of Hawaii occurred 

14 with the active participation of agents and citizens 

15 of the United States, and further acknowledges that 

16 the Native Hawaiian people never directly relin17 quished to the United States their claims to their in18 herent sovereignty as a people over their national 

19 lands, either through the Kingdom of Hawaii or 

20 through a plebiscite or referendum; 

21 (15)(A) the Apology Resolution expresses the 

22 commitment of Congress and the President— 

23 (i) to acknowledge the ramifications of the 

24 overthrow of the Kingdom of Hawaii; and 


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1 (ii) to support reconciliation efforts be2 tween the United States and Native Hawaiians; 

3 (B) Congress established the Office of Hawai4 ian Relations within the Department of the Interior 

5 with 1 of its purposes being to consult with Native 

6 Hawaiians on the reconciliation process; and 

7 (C) the United States has the duty to reconcile 

8 and reaffirm its friendship with the Native Hawaiian 

9 people because, among other things, the United 

10 States Minister and United States naval forces par11 ticipated in the overthrow of the Kingdom of Ha12 waii; 

13 (16)(A) despite the overthrow of the Govern14 ment of the Kingdom of Hawaii, Native Hawaiians 

15 have continued to maintain their separate identity as 

16 a single distinctly native political community 

17 through cultural, social, and political institutions, 

18 and to give expression to their rights as native peo19 ple to self-determination, self-governance, and eco20 nomic self-sufficiency; and 

21 (B) there is clear continuity between the ab22 original, indigenous, native people of the Kingdom of 

23 Hawaii and their successors, the Native Hawaiian 

24 people today; 


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1 (17) Native Hawaiians have also given expres2 sion to their rights as native people to self-deter3 mination, self-governance, and economic self-suffi4 ciency— 

5 (A) through the provision of governmental 

6 services to Native Hawaiians, including the pro7 vision of— 

8 (i) health care services; 

9 (ii) educational programs; 

10 (iii) employment and training pro11 grams; 

12 (iv) economic development assistance 

13 programs; 

14 (v) children’s services; 

15 (vi) conservation programs; 

16 (vii) fish and wildlife protection; 

17 (viii) agricultural programs; 

18 (ix) native language immersion pro19 grams; 

20 (x) native language immersion schools 

21 from kindergarten through high school; 

22 (xi) college and master’s degree pro23 grams in native language immersion in24 struction; and 

25 (xii) traditional justice programs; and 


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1 (B) by continuing their efforts to enhance 

2 Native Hawaiian self-determination and local 

3 control; 

4 (18) Native Hawaiian people are actively en5 gaged in Native Hawaiian cultural practices, tradi6 tional agricultural methods, fishing and subsistence 

7 practices, maintenance of cultural use areas and sa8 cred sites, protection of burial sites, and the exercise 

9 of their traditional rights to gather medicinal plants 

10 and herbs, and food sources; 

11 (19) the Native Hawaiian people wish to pre12 serve, develop, and transmit to future generations of 

13 Native Hawaiians their lands and Native Hawaiian 

14 political and cultural identity in accordance with 

15 their traditions, beliefs, customs and practices, lan16 guage, and social and political institutions, to con17 trol and manage their own lands, including ceded 

18 lands, and to achieve greater self-determination over 

19 their own affairs; 

20 (20) this Act provides a process within the 

21 framework of Federal law for the Native Hawaiian 

22 people to exercise their inherent rights as a distinct, 

23 indigenous, native community to reorganize a single 

24 unified Native Hawaiian governing entity for the 


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1 purpose of giving expression to their rights as a na2 tive people to self-determination and self-governance; 

3 (21) Congress— 

4 (A) has declared that the United States 

5 has a special political and legal relationship for 

6 the welfare of the native peoples of the United 

7 States, including Native Hawaiians; 

8 (B) has identified Native Hawaiians as an 

9 indigenous, distinctly native people of the 

10 United States within the scope of its authority 

11 under the Constitution, and has enacted scores 

12 of statutes on their behalf; and 

13 (C) has delegated broad authority to the 

14 State of Hawaii to administer some of the 

15 United States’ responsibilities as they relate to 

16 the Native Hawaiian people and their lands; 

17 (22) the United States has recognized and re18 affirmed the special political and legal relationship 

19 with the Native Hawaiian people through the enact20 ment of the Act entitled, ‘‘An Act to provide for the 

21 admission of the State of Hawaii into the Union’’, 

22 approved March 18, 1959 (Public Law 86–3; 73 

23 Stat. 4), by— 

24 (A) ceding to the State of Hawaii title to 

25 the public lands formerly held by the United 


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1 States, and mandating that those lands be held 

2 as a public trust for 5 purposes, 1 of which is 

3 for the betterment of the conditions of Native 

4 Hawaiians; and 

5 (B) transferring the United States respon6 sibility for the administration of the Hawaiian 

7 Home Lands to the State of Hawaii, but retain8 ing the exclusive right of the United States to 

9 consent to any actions affecting the lands in10 cluded in the trust and any amendments to the 

11 Hawaiian Homes Commission Act, 1920 (42 

12 Stat. 108, chapter 42), that are enacted by the 

13 legislature of the State of Hawaii affecting the 

14 beneficiaries under the Act; 

15 (23) the United States has continually recog16 nized and reaffirmed that— 

17 (A) Native Hawaiians have a direct genea18 logical, cultural, historic, and land-based con19 nection to their forebears, the aboriginal, indig20 enous, native people who exercised original sov21 ereignty over the Hawaiian Islands; 

22 (B) Native Hawaiians have never relin23 quished their claims to sovereignty or their sov24 ereign lands; 


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1 (C) the United States extends services to 

2 Native Hawaiians because of their unique sta3 tus as the native people of a prior-sovereign na4 tion with whom the United States has a special 

5 political and legal relationship; and 

6 (D) the special relationship of American 

7 Indians, Alaska Natives, and Native Hawaiians 

8 to the United States arises out of their status 

9 as aboriginal, indigenous, native people of the 

10 United States; and 

11 (24) the State of Hawaii supports the reaffir12 mation of the special political and legal relationship 

13 between the Native Hawaiian governing entity and 

14 the United States, as evidenced by 2 unanimous res15 olutions enacted by the Hawaii State Legislature in 

16 the 2000 and 2001 sessions of the Legislature and 

17 by the testimony of the Governor of the State of Ha18 waii before the Committee on Indian Affairs of the 

19 Senate on February 25, 2003, and March 1, 2005. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

22 (1) ABORIGINAL, INDIGENOUS, NATIVE PEO23 PLE.—The term ‘‘aboriginal, indigenous, native peo24 ple’’ means a people whom Congress has recognized 

25 as the original inhabitants of the lands that later beVerDate Nov 24 2008 00:25 Mar 17, 2010 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2314.PCS H2314

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1 came part of the United States and who exercised 

2 sovereignty in the areas that later became part of 

3 the United States. 

4 (2) APOLOGY RESOLUTION.—The term ‘‘Apol5 ogy Resolution’’ means Public Law 103–150 (107 

6 Stat. 1510), a Joint Resolution extending an apol7 ogy to Native Hawaiians on behalf of the United 

8 States for the participation of agents of the United 

9 States in the January 17, 1893, overthrow of the 

10 Kingdom of Hawaii. 

11 (3) COMMISSION.—The term ‘‘Commission’’ 

12 means the Commission established under section 

13 8(b). 

14 (4) COUNCIL.—The term ‘‘Council’’ means the 

15 Native Hawaiian Interim Governing Council estab16 lished under section 8(c)(2). 

17 (5) INDIAN PROGRAM OR SERVICE.— 

18 (A) IN GENERAL.—The term ‘‘Indian pro19 gram or service’’ means any federally funded or 

20 authorized program or service provided to an 

21 Indian tribe (or member of an Indian tribe) be22 cause of the status of the members of the In23 dian tribe as Indians. 

24 (B) INCLUSIONS.—The term ‘‘Indian pro25 gram or service’’ includes a program or service 


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1 provided by the Bureau of Indian Affairs, the 

2 Indian Health Service, or any other Federal 

3 agency. 

4 (6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

5 has the meaning given the term in section 4 of the 

6 Indian Self-Determination and Education Assistance 

7 Act (25 U.S.C. 450b). 

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

9 ‘‘indigenous, native people’’ means the lineal de10 scendants of the aboriginal, indigenous, native peo11 ple of the United States. 

12 (8) INTERAGENCY COORDINATING GROUP.—The 

13 term ‘‘Interagency Coordinating Group’’ means the 

14 Native Hawaiian Interagency Coordinating Group 

15 established under section 6. 

16 (9) NATIVE HAWAIIAN GOVERNING ENTITY.— 

17 The term ‘‘Native Hawaiian governing entity’’ 

18 means the governing entity organized pursuant to 

19 this Act by the qualified Native Hawaiian constitu20 ents. 

21 (10) NATIVE HAWAIIAN MEMBERSHIP ORGANI22 ZATION.—The term ‘‘Native Hawaiian membership 

23 organization’’ means an organization that— 

24 (A) serves and represents the interests of 

25 Native Hawaiians, has as a primary and stated 


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1 purpose the provision of services to Native Ha2 waiians, and has expertise in Native Hawaiian 

3 affairs; 

4 (B) has leaders who are elected democrat5 ically, or selected through traditional Native 

6 leadership practices, by members of the Native 

7 Hawaiian community; 

8 (C) advances the cause of Native Hawai9 ians culturally, socially, economically, or politi10 cally; 

11 (D) is a membership organization or asso12 ciation; and 

13 (E) has an accurate and reliable list of Na14 tive Hawaiian members. 

15 (11) OFFICE.—The term ‘‘Office’’ means the 

16 United States Office of Hawaiian Relations estab17 lished by section 5(a). 

18 (12) QUALIFIED NATIVE HAWAIIAN CON19 STITUENT.—For the purposes of establishing the 

20 roll authorized under section 8, and prior to the rec21 ognition by the United States of the Native Hawai22 ian governing entity, the term ‘‘qualified Native Ha23 waiian constituent’’ means an individual who the 

24 Commission determines has satisfied the following 


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1 criteria and who makes a written statement certi2 fying that he or she 

3 (A) is— 

4 (i) an individual who is 1 of the indig5 enous, native people of Hawaii and who is 

6 a direct lineal descendant of the aboriginal, 

7 indigenous, native people who— 

8 (I) resided in the islands that 

9 now comprise the State of Hawaii on 

10 or before January 1, 1893; and 

11 (II) occupied and exercised sov12 ereignty in the Hawaiian archipelago, 

13 including the area that now con14 stitutes the State of Hawaii; or 

15 (ii) an individual who is 1 of the in16 digenous, native people of Hawaii and who 

17 was eligible in 1921 for the programs au18 thorized by the Hawaiian Homes Commis19 sion Act, 1920 (42 Stat. 108, chapter 42), 

20 or a direct lineal descendant of that indi21 vidual; 

22 (B) wishes to participate in the reorganiza23 tion of the Native Hawaiian governing entity; 

24 (C) is 18 years of age or older; 

25 (D) is a citizen of the United States; and 


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1 (E) maintains a significant cultural, social, 

2 or civic connection to the Native Hawaiian com3 munity, as evidenced by satisfying 2 or more of 

4 the following 10 criteria: 

5 (i) Resides in the State of Hawaii. 

6 (ii) Resides outside the State of Ha7 waii and— 

8 (I)(aa) currently serves or served 

9 as (or has a parent or spouse who 

10 currently serves or served as) a mem11 ber of the Armed Forces or as an em12 ployee of the Federal Government; 

13 and 

14 (bb) resided in the State of Ha15 waii prior to the time he or she (or 

16 such parent or spouse) left the State 

17 of Hawaii to serve as a member of the 

18 Armed Forces or as an employee of 

19 the Federal Government; or 

20 (II)(aa) currently is or was en21 rolled (or has a parent or spouse who 

22 currently is or was enrolled) in an ac23 credited institution of higher edu24 cation outside the State of Hawaii; 

25 and 


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1 (bb) resided in the State of Ha2 waii prior to the time he or she (or 

3 such parent or spouse) left the State 

4 of Hawaii to attend such institution. 

5 (iii)(I) Is or was eligible to be a bene6 ficiary of the programs authorized by the 

7 Hawaiian Homes Commission Act, 1920 

8 (42 Stat. 108, chapter 42), and resides or 

9 resided on land set aside as ‘‘Hawaiian 

10 home lands’’, as defined in such Act; or 

11 (II) Is a child or grandchild of an in12 dividual who is or was eligible to be a ben13 eficiary of the programs authorized by 

14 such Act and who resides or resided on 

15 land set aside as ‘‘Hawaiian home lands’’, 

16 as defined in such Act. 

17 (iv) Is or was eligible to be a bene18 ficiary of the programs authorized by the 

19 Hawaiian Homes Commission Act, 1920 

20 (42 Stat. 108, chapter 42). 

21 (v) Is a child or grandchild of an indi22 vidual who is or was eligible to be a bene23 ficiary of the programs authorized by the 

24 Hawaiian Homes Commission Act, 1920 

25 (42 Stat. 108, chapter 42). 


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1 (vi) Resides on or has an ownership 

2 interest in, or has a parent or grandparent 

3 who resides on or has an ownership inter4 est in, ‘‘kuleana land’’ that is owned in 

5 whole or in part by a person who, accord6 ing to a genealogy verification by the Of7 fice of Hawaiian Affairs or by court order, 

8 is a lineal descendant of the person or per9 sons who received the original title to such 

10 ‘‘kuleana land’’, defined as lands granted 

11 to native tenants pursuant to Haw. L. 

12 1850, p. 202, entitled ‘‘An Act Confirming 

13 Certain Resolutions of the King and Privy 

14 Council Passed on the 21st day of Decem15 ber, A.D. 1849, Granting to the Common 

16 People Allodial Titles for Their Own Lands 

17 and House Lots, and Certain Other Privi18 leges’’, as amended by Haw. L. 1851, p. 

19 98, entitled ‘‘An Act to Amend An Act 

20 Granting to the Common People Allodial 

21 Titles for Their Own Lands and House 

22 Lots, and Certain Other Privileges’’ and as 

23 further amended by any subsequent legis24 lation. 


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1 (vii) Is, or is the child or grandchild 

2 of, an individual who has been or was a 

3 student for at least 1 school year at a 

4 school or program taught through the me5 dium of the hawaiian language under sec6 tion 302H–6, Hawaii Revised Statutes, or 

7 at a school founded and operated primarily 

8 or exclusively for the benefit of Native Ha9 waiians. 

10 (viii) Has been a member since Sep11 tember 30, 2009, of at least 1 Native Ha12 waiian membership organization. 

13 (ix) Has been a member since Sep14 tember 30, 2009, of at least 2 Native Ha15 waiian membership organizations. 

16 (x) Is regarded as Native Hawaiian 

17 and whose mother or father is (or if de18 ceased, was) regarded as Native Hawaiian 

19 by the Native Hawaiian community, as evi20 denced by sworn affidavits from two or 

21 more qualified Native Hawaiian constitu22 ents certified by the Commission as pos23 sessing expertise in the social, cultural, 

24 and civic affairs of the Native Hawaiian 

25 community. 


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1 (13) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of the Interior. 

3 (14) SPECIAL POLITICAL AND LEGAL RELA4 TIONSHIP.—The term ‘‘special political and legal re5 lationship’’ shall refer, except where differences are 

6 specifically indicated elsewhere in the Act, to the 

7 type of and nature of relationship the United States 

8 has with the several federally recognized Indian 

9 tribes. 

10 SEC. 4. UNITED STATES POLICY AND PURPOSE. 

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

12 (1) Native Hawaiians are a unique and distinct, 

13 indigenous, native people with whom the United 

14 States has a special political and legal relationship; 

15 (2) the United States has a special political and 

16 legal relationship with the Native Hawaiian people, 

17 which includes promoting the welfare of Native Ha18 waiians; 

19 (3)(A) Congress possesses and hereby exercises 

20 the authority under the Constitution, including but 

21 not limited to Article I, Section 8, Clause 3, to enact 

22 legislation to better the conditions of Native Hawai23 ians and has exercised this authority through the en24 actment of— 


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1 (i) the Hawaiian Homes Commission 

2 Act, 1920 (42 Stat. 108, chapter 42); 

3 (ii) the Act entitled ‘‘an Act to pro4 vide for the admission of the State of Ha5 waii into the Union’’, approved March 18, 

6 1959 (Public Law 86–3; 73 Stat. 4); and 

7 (iii) more than 150 other Federal laws 

8 addressing the conditions of Native Hawai9 ians; 

10 (B) other sources of authority under the 

11 Constitution for legislation on behalf of the in12 digenous, native peoples of the United States, 

13 including Native Hawaiians, include but are not 

14 limited to the Property, Treaty, and Supremacy 

15 Clauses, War Powers, and the Fourteenth 

16 Amendment, and Congress hereby relies on 

17 those powers in enacting this legislation; and 

18 (C) the Constitution’s original Apportion19 ment Clause and the 14th Amendment Citizen20 ship and amended Apportionment Clauses also 

21 acknowledge the propriety of legislation on be22 half of the native peoples of the United States, 

23 including Native Hawaiians; 

24 (4) Native Hawaiians have— 


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1 (A) an inherent right to autonomy in their 

2 internal affairs; 

3 (B) an inherent right of self-determination 

4 and self-governance; 

5 (C) the right to reorganize a Native Ha6 waiian governing entity; and 

7 (D) the right to become economically self8 sufficient; and 

9 (5) the United States shall continue to engage 

10 in a process of reconciliation and political relations 

11 with the Native Hawaiian people. 

12 (b) PURPOSE.—The purpose of this Act is to provide 

13 a process for the reorganization of the single Native Ha14 waiian governing entity and the reaffirmation of the spe15 cial political and legal relationship between the United 

16 States and that Native Hawaiian governing entity for pur17 poses of continuing a government-to-government relation18 ship. 

19 SEC. 5. UNITED STATES OFFICE OF HAWAIIAN RELATIONS. 

20 (a) ESTABLISHMENT.—There is established within 

21 the Office of the Secretary the United States Office of Ha22 waiian Relations. 

23 (b) DUTIES.—The Office shall— 


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1 (1) continue the process of reconciliation with 

2 the Native Hawaiian people in furtherance of the 

3 Apology Resolution; 

4 (2) upon the reaffirmation of the government5 to-government relationship between the single Native 

6 Hawaiian governing entity and the United States, 

7 effectuate and coordinate the special political and 

8 legal relationship between the Native Hawaiian gov9 erning entity and the United States through the 

10 Secretary, and with all other Federal agencies; 

11 (3) provide timely notice to, and consult with, 

12 the Native Hawaiian governing entity before taking 

13 any actions that may have the potential to signifi14 cantly affect Native Hawaiian resources, rights, or 

15 lands; 

16 (4) work with the Interagency Coordinating 

17 Group, other Federal agencies, and the State of Ha18 waii on policies, practices, and proposed actions af19 fecting Native Hawaiian resources, rights, or lands; 

20 and 

21 (5) prepare and submit to the Committee on 

22 Indian Affairs and the Committee on Energy and 

23 Natural Resources of the Senate and the Committee 

24 on Natural Resources of the House of Representa25 tives an annual report detailing the activities of the 


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1 Interagency Coordinating Group that are under2 taken with respect to the continuing process of rec3 onciliation and to effect meaningful consultation 

4 with the Native Hawaiian governing entity and may 

5 provide recommendations for any necessary changes 

6 to Federal law or regulations promulgated under the 

7 authority of Federal law. 

8 (c) APPLICABILITY TO DEPARTMENT OF DE9 FENSE.—This section shall have no applicability to the 

10 Department of Defense or to any agency or component 

11 of the Department of Defense, but the Secretary of De12 fense may designate 1 or more officials as liaison to the 

13 Office. 

14 SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING 

15 GROUP. 

16 (a) ESTABLISHMENT.—In recognition that Federal 

17 programs authorized to address the conditions of Native 

18 Hawaiians are largely administered by Federal agencies 

19 other than the Department of the Interior, there is estab20 lished an interagency coordinating group, to be known as 

21 the ‘‘Native Hawaiian Interagency Coordinating Group’’. 

22 (b) COMPOSITION.—The Interagency Coordinating 

23 Group shall be composed of officials, to be designated by 

24 the President, from— 


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1 (1) each Federal agency whose actions may sig2 nificantly or uniquely impact Native Hawaiian pro3 grams, resources, rights, or lands; and 

4 (2) the Office. 

5 (c) LEAD AGENCY.— 

6 (1) IN GENERAL.—The Department of the Inte7 rior and the White House Office of Intergovern8 mental Affairs shall serve as the leaders of the 

9 Interagency Coordinating Group. 

10 (2) MEETINGS.—The Secretary shall convene 

11 meetings of the Interagency Coordinating Group. 

12 (d) DUTIES.—The Interagency Coordinating Group 

13 shall— 

14 (1) coordinate Federal programs and policies 

15 that affect Native Hawaiians or actions by any agen16 cy or agencies of the Federal Government that may 

17 significantly or uniquely affect Native Hawaiian re18 sources, rights, or lands; 

19 (2) consult with the Native Hawaiian governing 

20 entity, through the coordination referred to in para21 graph (1), but the consultation obligation established 

22 in this provision shall apply only after the satisfac23 tion of all of the conditions referred to in section 

24 8(c)(8); and 


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1 (3) ensure the participation of each Federal 

2 agency in the development of the report to Congress 

3 authorized in section 5(b)(5). 

4 (e) APPLICABILITY TO DEPARTMENT OF DE5 FENSE.—This section shall have no applicability to the 

6 Department of Defense or to any agency or component 

7 of the Department of Defense, but the Secretary of De8 fense may designate 1 or more officials as liaison to the 

9 Interagency Coordinating Group. 

10 SEC. 7. DESIGNATION OF DEPARTMENT OF JUSTICE REP11 RESENTATIVE. 

12 The Attorney General shall designate an appropriate 

13 official within the Department of Justice to assist the Of14 fice in the implementation and protection of the rights of 

15 Native Hawaiians and their political and legal relationship 

16 with the United States, and upon the recognition of the 

17 Native Hawaiian governing entity as provided for in sec18 tion 8, in the implementation and protection of the rights 

19 of the Native Hawaiian governing entity and its political 

20 and legal relationship with the United States. 


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1 SEC. 8. PROCESS FOR REORGANIZATION OF NATIVE HA2 WAIIAN GOVERNING ENTITY AND REAFFIR3 MATION OF SPECIAL POLITICAL AND LEGAL 

4 RELATIONSHIP BETWEEN UNITED STATES 

5 AND NATIVE HAWAIIAN GOVERNING ENTITY. 

6 (a) RECOGNITION OF NATIVE HAWAIIAN GOVERNING

7 ENTITY.—The right of the qualified Native Hawaiian con8 stituents to reorganize the single Native Hawaiian gov9 erning entity to provide for their common welfare and to 

10 adopt appropriate organic governing documents is recog11 nized by the United States. 

12 (b) COMMISSION.— 

13 (1) IN GENERAL.—There is authorized to be es14 tablished a Commission to be composed of 9 mem15 bers for the purposes of— 

16 (A) preparing and maintaining a roll of 

17 qualified Native Hawaiian constituents; and 

18 (B) certifying that the individuals on the 

19 roll of qualified Native Hawaiian constituents 

20 meet the definition of qualified Native Hawai21 ian constituent set forth in section 3. 

22 (2) MEMBERSHIP.— 

23 (A) APPOINTMENT.— 

24 (i) IN GENERAL.—Not later than 180 

25 days after the date of enactment of this 

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1 bers of the Commission in accordance with 

2 subparagraph (B). 

3 (ii) CONSIDERATION.—In making an 

4 appointment under clause (i), the Sec5 retary may take into consideration a rec6 ommendation made by any Native Hawai7 ian membership organization or other enti8 ty with expertise and experience in the de9 termination of Native Hawaiian ancestry 

10 and lineal descendancy. 

11 (B) REQUIREMENTS.—Each member of 

12 the Commission shall demonstrate, as deter13 mined by the Secretary— 

14 (i) not less than 10 years of experi15 ence in the study and determination of Na16 tive Hawaiian genealogy (traditional cul17 tural experience shall be given due consid18 eration); and 

19 (ii) an ability to read and translate 

20 into English documents written in the Ha21 waiian language. 

22 (C) VACANCIES.—A vacancy on the Com23 mission— 

24 (i) shall not affect the powers of the 

25 Commission; and 


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1 (ii) shall be filled in the same manner 

2 as the original appointment. 

3 (3) EXPENSES.—Each member of the Commis4 sion shall be allowed travel expenses, including per 

5 diem in lieu of subsistence, at rates authorized for 

6 employees of agencies under subchapter I of chapter 

7 57 of title 5, United States Code, while away from 

8 their homes or regular places of business in the per9 formance of services for the Commission. 

10 (4) DUTIES.—The Commission shall— 

11 (A) prepare and maintain a roll of quali12 fied Native Hawaiian constituents as set forth 

13 in subsection (c); and 

14 (B) certify that the individuals on the roll 

15 of qualified Native Hawaiian constituents meet 

16 the definition of that term as set forth in sec17 tion 3. 

18 (5) STAFF.— 

19 (A) IN GENERAL.—The Commission may, 

20 without regard to the civil service laws (includ21 ing regulations), appoint and terminate an exec22 utive director and such other additional per23 sonnel as are necessary to enable the Commis24 sion to perform the duties of the Commission. 

25 (B) COMPENSATION.— 


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1 (i) IN GENERAL.—Except as provided 

2 in clause (ii), the Commission may fix the 

3 compensation of the executive director and 

4 other personnel without regard to the pro5 visions of chapter 51 and subchapter III of 

6 chapter 53 of title 5, United States Code, 

7 relating to classification of positions and 

8 General Schedule pay rates. 

9 (ii) MAXIMUM RATE OF PAY.—The 

10 rate of pay for the executive director and 

11 other personnel shall not exceed the rate 

12 payable for level V of the Executive Sched13 ule under section 5316 of title 5, United 

14 States Code. 

15 (6) DETAIL OF FEDERAL GOVERNMENT EM16 PLOYEES.— 

17 (A) IN GENERAL.—An employee of the 

18 Federal Government may be detailed to the 

19 Commission without reimbursement. 

20 (B) CIVIL SERVICE STATUS.—The detail of 

21 the employee shall be without interruption or 

22 loss of civil service status or privilege. 

23 (7) PROCUREMENT OF TEMPORARY AND INTER24 MITTENT SERVICES.—The Commission may procure 

25 temporary and intermittent services in accordance 


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1 with section 3109(b) of title 5, United States Code, 

2 at rates for individuals that do not exceed the daily 

3 equivalent of the annual rate of basic pay prescribed 

4 for level V of the Executive Schedule under section 

5 5316 of that title. 

6 (8) EXPIRATION.—The Secretary shall dissolve 

7 the Commission upon the reaffirmation of the spe8 cial political and legal relationship between the Na9 tive Hawaiian governing entity and the United 

10 States. 

11 (c) PROCESS FOR REORGANIZATION OF NATIVE HA12 WAIIAN GOVERNING ENTITY.— 

13 (1) ROLL.— 

14 (A) CONTENTS.—The roll shall include the 

15 names of the qualified Native Hawaiian con16 stituents who are certified by the Commission 

17 to be qualified Native Hawaiian constituents, as 

18 defined in section 3. 

19 (B) FORMATION OF ROLL.—Each indi20 vidual claiming to be a qualified Native Hawai21 ian constituent shall submit to the Commission 

22 documentation in the form established by the 

23 Commission that is sufficient to enable the 

24 Commission to determine whether the individual 

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1 vided that an individual presenting evidence 

2 that he or she satisfies the definition in Section 

3 2 of Public Law 103–150 shall be presumed to 

4 meet the requirement of section 3(12)(A)(i). 

5 (C) DOCUMENTATION.—The Commission 

6 shall— 

7 (i)(I) identify the types of documenta8 tion that may be submitted to the Commis9 sion that would enable the Commission to 

10 determine whether an individual meets the 

11 definition of qualified Native Hawaiian 

12 constituent set forth in section 3. 

13 (II) recognize an individual’s identi14 fication of lineal ancestors on the 1890 

15 Census by the Kingdom of Hawaii as a re16 liable indicia of lineal descent from the ab17 original, indigenous, native people who re18 sided in the islands that now comprise the 

19 State of Hawaii on or before January 1, 

20 1893; and 

21 (III) permit elderly Native Hawaiians 

22 and other qualified Native Hawaiian con23 stituents lacking birth certificates or other 

24 documentation due to birth on Hawaiian 

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1 cumstances to establish lineal descent by 

2 sworn affidavits from 2 or more qualified 

3 Native Hawaiian constituents; 

4 (ii) establish a standard format for 

5 the submission of documentation and a 

6 process to ensure veracity; and 

7 (iii) publish information related to 

8 clauses (i) and (ii) in the Federal Register. 

9 (D) CONSULTATION.—In making deter10 minations that each individual proposed for in11 clusion on the roll of qualified Native Hawaiian 

12 constituents meets the definition of qualified 

13 Native Hawaiian constituent in section 3, the 

14 Commission may consult with bona fide Native 

15 Hawaiian membership organizations, agencies 

16 of the State of Hawaii, including but not lim17 ited to, the Department of Hawaiian Home 

18 Lands, the Office of Hawaiian Affairs, and the 

19 State Department of Health, and other entities 

20 with expertise and experience in the determina21 tion of Native Hawaiian ancestry and lineal 

22 descendancy. 

23 (E) NOTIFICATION.—The Commission 

24 shall— 


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1 (i) inform an individual whether they 

2 have been deemed by the Commission a 

3 qualified Native Hawaiian constituent; and 

4 (ii) inform an individual of a right to 

5 appeal the decision if deemed not to be a 

6 qualified Native Hawaiian constituent. 

7 (F) CERTIFICATION AND SUBMITTAL OF

8 ROLL TO SECRETARY.—The Commission 

9 shall— 

10 (i) submit the roll containing the 

11 names of those individuals who meet the 

12 definition of qualified Native Hawaiian 

13 constituent in section 3 to the Secretary 

14 within 2 years from the date on which the 

15 Commission is fully composed; and 

16 (ii) certify to the Secretary that each 

17 of the qualified Native Hawaiian constitu18 ents proposed for inclusion on the roll 

19 meets the definition set forth in section 3. 

20 (G) PUBLICATION.—Upon certification by 

21 the Commission to the Secretary that those list22 ed on the roll meet the definition of qualified 

23 Native Hawaiian constituent set forth in section 

24 3, the Commission shall publish the notice of 

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1 ister, notwithstanding pending appeals pursuant 

2 to subparagraph (H). 

3 (H) APPEAL.—The Secretary, in consulta4 tion with the Commission, shall establish a 

5 mechanism for an administrative appeal for any 

6 person whose name is excluded from the roll 

7 who claims to meet the definition of qualified 

8 Native Hawaiian constituent in section 3. 

9 (I) PUBLICATION; UPDATE.—The Commis10 sion shall— 

11 (i) publish the notice of the certifi12 cation of the roll regardless of whether ap13 peals are pending; 

14 (ii) update the roll and provide notice 

15 of the updated roll on the final disposition 

16 of any appeal; 

17 (iii) update the roll to include any 

18 person who has been certified by the Com19 mission as meeting the definition of quali20 fied Native Hawaiian constituent in section 

21 3 after the initial publication of the roll or 

22 after any subsequent publications of the 

23 roll; and 

24 (iv) provide a copy of the roll and any 

25 updated rolls to the Council. 


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1 (J) EFFECT OF PUBLICATION.—The publi2 cation of the initial and updated roll shall serve 

3 as the basis for the eligibility of qualified Na4 tive Hawaiian constituents whose names are 

5 listed on those rolls to participate in the reorga6 nization of the Native Hawaiian governing enti7 ty. 

8 (2) ORGANIZATION OF COUNCIL.— 

9 (A) ORGANIZATION.—The Commission, in 

10 consultation with the Secretary, shall hold a 

11 minimum of 3 meetings, and each meeting shall 

12 be at least 2 working days, of the qualified Na13 tive Hawaiian constituents listed on the roll es14 tablished under this section— 

15 (i) to develop criteria for candidates 

16 to be elected to serve on the Council; 

17 (ii) to determine the structure of the 

18 Council, including the number of Council 

19 members; and 

20 (iii) to elect members from individuals 

21 listed on the roll established under this 

22 subsection to the Council. 

23 (B) POWERS.— 

24 (i) IN GENERAL.—The Council— 


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1 (I) shall represent those listed on 

2 the roll established under this section 

3 in the implementation of this Act; and 

4 (II) shall have no powers other 

5 than powers given to the Council 

6 under this Act. 

7 (ii) FUNDING.—The Council may 

8 enter into a contract with, or obtain a 

9 grant from, any Federal or State agency to 

10 carry out clause (iii). 

11 (iii) ACTIVITIES.— 

12 (I) IN GENERAL.—The Council 

13 shall conduct, among the qualified 

14 Native Hawaiian constituents listed 

15 on the roll established under this sub16 section, a referendum for the purpose 

17 of determining the proposed elements 

18 of the organic governing documents of 

19 the Native Hawaiian governing entity, 

20 including but not limited to 

21 (aa) the proposed criteria 

22 for future membership in the Na23 tive Hawaiian governing entity, 

24 provided that membership is vol25 untary and can be relinquished; 


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1 (bb) the proposed powers 

2 and authorities to be exercised by 

3 the Native Hawaiian governing 

4 entity, as well as the proposed 

5 privileges and immunities of the 

6 Native Hawaiian governing enti7 ty; 

8 (cc) the proposed civil rights 

9 and protection of the rights of 

10 the citizens of the Native Hawai11 ian governing entity and all per12 sons affected by the exercise of 

13 governmental powers and au14 thorities of the Native Hawaiian 

15 governing entity, including the 

16 rights protected under section 

17 202 of the Indian Civil Rights 

18 Act of 1968 (25 U.S.C. 1302); 

19 (dd) the protection and pres20 ervation of the rights vested on 

21 the date of enactment of this Act 

22 of those Native Hawaiians who 

23 are eligible to reside on the Ha24 waiian homelands under the au25 thority of the Hawaiian Homes 


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1 Commission Act, 1920 (42 Stat. 

2 108, chapter 42); and 

3 (ee) other issues determined 

4 appropriate by the Council. 

5 (II) DEVELOPMENT OF ORGANIC

6 GOVERNING DOCUMENTS.—Based on 

7 the referendum, the Council shall de8 velop proposed organic governing doc9 uments for the Native Hawaiian gov10 erning entity and may seek technical 

11 assistance from the Secretary on the 

12 draft organic governing documents to 

13 ensure that the draft organic gov14 erning documents comply with this 

15 Act and other Federal law. 

16 (III) DISTRIBUTION.—The Coun17 cil shall publish to all qualified Native 

18 Hawaiian constituents of the Native 

19 Hawaiian governing entity listed on 

20 the roll published under this sub21 section notice of the availability of— 

22 (aa) a copy of the proposed 

23 organic governing documents, as 

24 drafted by the Council; and 


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1 (bb) a brief impartial de2 scription of the proposed organic 

3 governing documents; 

4 (IV) ELECTIONS.— 

5 (aa) IN GENERAL.—Not 

6 sooner than 180 days after the 

7 proposed organic governing docu8 ments are drafted and distrib9 uted, the Council, with the assist10 ance of the Secretary, shall hold 

11 elections for the purpose of rati12 fying the proposed organic gov13 erning documents. 

14 (bb) PURPOSE.—The Coun15 cil, with the assistance of the 

16 Secretary, shall hold the election 

17 for the purpose of ratifying the 

18 proposed organic governing docu19 ments 60 days after publishing 

20 notice of an election. 

21 (cc) OFFICERS.—On certifi22 cation of the organic governing 

23 documents by the Secretary in 

24 accordance with paragraph (4), 

25 the Council, with the assistance 


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1 of the Secretary, shall hold elec2 tions of the officers of the Native 

3 Hawaiian governing entity pursu4 ant to paragraph (5). 

5 (3) SUBMITTAL OF ORGANIC GOVERNING DOCU6 MENTS.—Following the reorganization of the Native 

7 Hawaiian governing entity and the adoption of or8 ganic governing documents, the Council shall submit 

9 the organic governing documents of the Native Ha10 waiian governing entity to the Secretary. 

11 (4) CERTIFICATIONS.— 

12 (A) IN GENERAL.—Within the context of 

13 the future negotiations to be conducted under 

14 the authority of section 9(c)(1), and the subse15 quent actions by the Congress and the State of 

16 Hawaii to enact legislation to implement the 

17 agreements of the 3 governments, not later 

18 than 180 days, which may be extended an addi19 tional 90 days if the Secretary deems necessary, 

20 after the date on which the Council submits the 

21 organic governing documents to the Secretary, 

22 the Secretary shall certify or decline to certify 

23 that the organic governing documents— 

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1 tity and provide that membership is vol2 untary and can be relinquished; 

3 (ii) were adopted by a majority vote of 

4 those qualified Native Hawaiian constitu5 ents whose names are listed on the roll 

6 published by the Secretary and who voted 

7 in the election; 

8 (iii) provide authority for the Native 

9 Hawaiian governing entity to negotiate 

10 with Federal, State, and local govern11 ments, and other entities; 

12 (iv) provide for the exercise of inher13 ent and other appropriate governmental 

14 authorities by the Native Hawaiian gov15 erning entity; 

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

17 or encumbrance of lands, interests in 

18 lands, or other assets of the Native Hawai19 ian governing entity without the consent of 

20 the Native Hawaiian governing entity; 

21 (vi) provide for the protection of the 

22 civil rights of the citizens of the Native 

23 Hawaiian governing entity and all persons 

24 affected by the exercise of governmental 

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1 waiian governing entity, including the 

2 rights protected under section 202 of the 

3 Indian Civil Rights Act of 1968 (25 U.S.C. 

4 1302); 

5 (vii) provide for the protection and 

6 preservation of the rights vested on the 

7 date of enactment of this Act of those Na8 tive Hawaiians who are eligible to reside 

9 on the Hawaiian homelands under the au10 thority of the Hawaiian Homes Commis11 sion Act, 1920 (42 Stat. 108, chapter 42); 

12 and 

13 (viii) are consistent with applicable 

14 Federal law. 

15 (B) RESUBMISSION IN CASE OF NON16 COMPLIANCE.— 

17 (i) RESUBMISSION BY THE SEC18 RETARY.—If the Secretary determines that 

19 the organic governing documents, or any 

20 part of the documents, do not meet all of 

21 the requirements set forth in subparagraph 

22 (A), the Secretary shall resubmit the or23 ganic governing documents to the Council, 

24 along with a justification for each of the 


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1 Secretary’s findings as to why the provi2 sions are not in full compliance. 

3 (ii) AMENDMENT AND RESUBMISSION

4 OF ORGANIC GOVERNING DOCUMENTS.—If 

5 the organic governing documents are re6 submitted to the Council by the Secretary 

7 under clause (i), the Council shall— 

8 (I) amend the organic governing 

9 documents to ensure that the docu10 ments meet all the requirements set 

11 forth in subparagraph (A); and 

12 (II) resubmit the amended or13 ganic governing documents to the Sec14 retary for certification in accordance 

15 with this paragraph. 

16 (C) CERTIFICATIONS DEEMED MADE.— 

17 The certifications under this paragraph shall be 

18 deemed to have been made if the Secretary has 

19 not acted within 180 days after the date on 

20 which the Council has submitted the organic 

21 governing documents of the Native Hawaiian 

22 governing entity to the Secretary. 

23 (5) ELECTIONS.—On completion of the certifi24 cations by the Secretary under paragraph (4), the 

25 Council, with the assistance of the Secretary, shall 


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1 hold elections of the officers of the Native Hawaiian 

2 governing entity. 

3 (6) PROVISION OF ROLL.—The Council shall 

4 provide a copy of the roll of qualified Native Hawai5 ian constituents to the governing body of the Native 

6 Hawaiian governing entity. 

7 (7) TERMINATION.—The Council shall cease to 

8 exist and shall have no power or authority under 

9 this Act after the officers of the governing body who 

10 are elected as provided in paragraph (5) are in11 stalled. 

12 (8) REAFFIRMATION.—Notwithstanding any 

13 other provision of law, the special political and legal 

14 relationship between the United States and the Na15 tive Hawaiian people is hereby reaffirmed and the 

16 United States extends Federal recognition to the 

17 Native Hawaiian governing entity as the representa18 tive sovereign governing body of the Native Hawai19 ian people after— 

20 (A) the approval of the organic governing 

21 documents by the Secretary under subpara22 graph (A) or (C) of paragraph (4); and 

23 (B) the officers of the Native Hawaiian 

24 governing entity elected under paragraph (5) 

25 have been installed. 


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1 SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AU2 THORITY TO STATE OF HAWAII; GOVERN3 MENTAL AUTHORITY AND POWER; NEGOTIA4 TIONS; CLAIMS. 

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

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

7 conditions of the indigenous, native people of Hawaii con8 tained in the Act entitled ‘‘An Act to provide for the ad9 mission of the State of Hawaii into the Union’’, approved 

10 March 18, 1959 (Public Law 86–3; 73 Stat. 4), is re11 affirmed. 

12 (b) GOVERNMENTAL AUTHORITY AND POWER.— 

13 (1) IN GENERAL.—Consistent with the policies 

14 of the United States set forth in section 4(a)(4), the 

15 Native Hawaiian governing entity shall be vested 

16 with the inherent powers and privileges of self-gov17 ernment of a native government under existing law, 

18 except as set forth in this Act. Said powers and 

19 privileges may be modified by agreement between 

20 the Native Hawaiian governing entity, the United 

21 States, and the State of Hawaii pursuant to the ne22 gotiations authorized in subsection (c)(1), and sub23 ject to the enactment of implementing legislation 

24 and to the limit described by section 10(a). 

25 (2) MEMBERSHIP.—Once the United States ex26 tends Federal recognition to the Native Hawaiian 


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1 governing entity, the United States will recognize 

2 and affirm the Native Hawaiian governing entity’s 

3 inherent power and authority to determine its own 

4 membership criteria, to determine its own member5 ship, and to grant, deny, revoke, or qualify member6 ship without regard to whether any person was or 

7 was not deemed to be a qualified Native Hawaiian 

8 constituent under this Act. The Native Hawaiian 

9 governing entity must provide that membership in 

10 the Native Hawaiian governing entity is voluntary 

11 and can be relinquished. 

12 (c) NEGOTIATIONS.— 

13 (1) IN GENERAL.—Upon the reaffirmation of 

14 the special political and legal relationship between 

15 the United States and the Native Hawaiian gov16 erning entity, the United States and the State of 

17 Hawaii may enter into negotiations with the Native 

18 Hawaiian governing entity designed to lead to an 

19 agreement or agreements addressing such matters 

20 as— 

21 (A) the transfer of State of Hawaii lands 

22 and surplus Federal lands, natural resources, 

23 and other assets, and the protection of existing 

24 rights related to such lands or resources; 


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1 (B) the exercise of governmental authority 

2 over any transferred lands, natural resources, 

3 and other assets, including land use; 

4 (C) the exercise of civil and criminal juris5 diction; 

6 (D) the exercise of the authority to tax and 

7 other powers and authorities that are recog8 nized by the United States as powers and au9 thorities typically exercised by governments rep10 resenting indigenous, native people of the 

11 United States; 

12 (E) any residual responsibilities of the 

13 United States and the State of Hawaii; and 

14 (F) grievances regarding assertions of his15 torical wrongs committed against Native Ha16 waiians by the United States or by the State of 

17 Hawaii. 

18 (2) AMENDMENTS TO EXISTING LAWS.—Upon 

19 agreement on any matter or matters negotiated with 

20 the United States or the State of Hawaii, and the 

21 Native Hawaiian governing entity, the parties may 

22 submit— 

23 (A) to the Committee on Indian Affairs of 

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1 mittee on Natural Resources of the House of 

2 Representatives recommendations for proposed 

3 amendments to Federal law that will enable the 

4 implementation of agreements reached between 

5 the governments; and 

6 (B) to the Governor and the legislature of 

7 the State of Hawaii, recommendations for pro8 posed amendments to State law that will enable 

9 the implementation of agreements reached be10 tween the governments. 

11 (3) During the period between the reaffirmation 

12 of the special political and legal relationship between 

13 the United States and the Native Hawaiian gov14 erning entity, and the subsequent enactment of leg15 islation to implement the agreement or agreements 

16 negotiated under paragraph (1): 

17 (A) There shall be no Indian country with18 in the State of Hawaii. 

19 (B) The United States shall not take land 

20 in trust for the benefit of the Native Hawaiian 

21 governing entity or for the benefit of members 

22 of the Native Hawaiian governing entity. 

23 (C) The United States shall not restrict 

24 the alienability of land owned by the Native Ha25 waiian governing entity. 


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1 (D) Members of the Native Hawaiian gov2 erning entity shall continue to be subject to the 

3 civil and criminal jurisdiction of Federal and 

4 State courts. 

5 (E) Nothing in this Act alters or preempts 

6 the existing legislative, regulatory, or taxation 

7 authority of the State of Hawaii over individ8 uals who are members of the Native Hawaiian 

9 governing entity or over property owned by 

10 those individuals. 

11 (F) The Native Hawaiian governing entity 

12 shall not exercise criminal, civil, adjudicative, 

13 legislative, regulatory, or taxation authority or 

14 jurisdiction over individuals who are not mem15 bers of the Native Hawaiian governing entity 

16 without their express consent. 

17 (G) The Native Hawaiian governing entity 

18 shall not exercise criminal, civil, adjudicative, 

19 legislative, regulatory, or taxation authority or 

20 jurisdiction over corporations or other associa21 tions or entities that are owned wholly or in 

22 majority part by persons who are not members 

23 of the Native Hawaiian governing entity with24 out their express consent. 


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1 (H) The Native Hawaiian governing entity 

2 shall be immune from any lawsuit in any Fed3 eral or State court, with the exception described 

4 in section 10(c)(3) and the exceptions set forth 

5 in clauses (i) through (iii) of this subparagraph. 

6 (i) The Native Hawaiian governing 

7 entity may waive its sovereign immunity, 

8 provided that it does so clearly and un9 equivocally. 

10 (ii) The Native Hawaiian governing 

11 entity shall not be immune from any law12 suit brought by the United States in any 

13 Federal court. 

14 (iii) Real property owned in fee simple 

15 by the Native Hawaiian governing entity 

16 shall not be immune from any in rem ac17 tion filed by the State of Hawaii. 

18 (I) Governmental, nonbusiness, non19 commercial activities undertaken by the Native 

20 Hawaiian governing entity, or by a corporation 

21 or other association or entity wholly owned by 

22 the Native Hawaiian governing entity, shall not 

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1 ural person (except an officer or employee of 

2 the Native Hawaiian governing entity, acting 

3 within the scope of his or her authority), from 

4 the regulatory, taxation, or other authority of 

5 the State of Hawaii. In determining whether an 

6 activity is covered by this subparagraph, due 

7 consideration shall be given to the constraints 

8 described in subparagraphs (A), (F), and (G). 

9 (J) Commercial or business activities un10 dertaken by the Native Hawaiian governing en11 tity, or by a corporation or other association or 

12 entity owned, operated, or sponsored by the Na13 tive Hawaiian governing entity, shall be subject 

14 to the regulatory and taxation authority of the 

15 State of Hawaii to the same extent as commer16 cial or business activities undertaken by others. 

17 (K) Subject to subparagraph (I), activities 

18 conducted on real property owned by, leased by, 

19 or subject to the control of the Native Hawaiian 

20 governing entity shall be subject to the regu21 latory and taxation authority of the State of 

22 Hawaii to the same extent as activities con23 ducted on real property owned by, leased by, or 

24 subject to the control of others. 


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1 (L) Subject to subparagraph (O), real 

2 property owned by, leased by, or subject to the 

3 control of the Native Hawaiian governing enti4 ty, and development of such property, shall be 

5 subject to the regulatory and taxation authority 

6 of the State of Hawaii to the same extent as 

7 real property owned by, leased by, or subject to 

8 the control of others. 

9 (M) Any commercial or business corpora10 tion or other commercial or business association 

11 or entity owned, operated, or sponsored by the 

12 Native Hawaiian governing entity shall be sub13 ject to the regulatory and taxation authority of 

14 the State of Hawaii to the same extent as com15 mercial and business corporations and other 

16 commercial and business associations and enti17 ties owned, operated, or sponsored by others. 

18 (N) Any specific power, authority, or re19 striction set forth in this paragraph shall expire 

20 upon enactment of legislation that implements 

21 an agreement or agreements negotiated under 

22 paragraph (1) and that expressly replaces or al23 ters such power, authority, or restriction. 

24 (O) Nothing in this paragraph diminishes 

25 any right or immunity (including any immunity 


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1 from State or local taxation) granted to Native 

2 Hawaiians or their property by the Hawaiian 

3 Homes Commission Act, 1920 (42 Stat. 108, 

4 chapter 42), the Act entitled ‘‘An Act to pro5 vide for the admission of the State of Hawaii 

6 into the Union’’, approved March 18, 1959 

7 (Public Law 86–3; 73 Stat. 4), or sections 

8 10001 through 10004 of the Department of 

9 Defense Appropriations Act, 1994 (sections 

10 10001 through 1004 of Public Law 103–139; 

11 107 Stat. 1418, 1480 (1993)). 

12 (4) Nothing in paragraph (3) should be inter13 preted as establishing any presumption about the 

14 powers or authorities that could properly be exer15 cised by the United States, the State of Hawaii, or 

16 the Native Hawaiian governing entity after further 

17 legislation, including legislation enacted to imple18 ment any agreement negotiated under this sub19 section. 

20 (d) CLAIMS.—Nothing in this Act— 

21 (1) alters existing law, including case law, re22 garding obligations of the United States or the State 

23 of Hawaii relating to events or actions that occurred 

24 prior to recognition of the Native Hawaiian gov25 erning entity; 


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1 (2) creates, enlarges, revives, modifies, dimin2 ishes, extinguishes, waives, or otherwise alters any 

3 Federal or State claim or cause of action against the 

4 United States or its officers or the State of Hawaii 

5 or its officers or any other person or entity, or any 

6 defense (including the defense of statute of limita7 tions) to any such claim or cause of action, except 

8 in the case of claims or causes of action challenging 

9 the constitutionality or legality of programs benefit10 ting Native Hawaiians to the extent that this Act 

11 creates or enlarges any defense to any such claim or 

12 cause of action; 

13 (3) amends section 2409a of title 28, United 

14 States Code (commonly known as the ‘‘Quiet Title 

15 Act’’), chapter 171 of title 28, United States Code 

16 (commonly known as the ‘‘Federal Tort Claims 

17 Act’’), section 1491 of title 28, United States Code 

18 (commonly known as the ‘‘Tucker Act’’), section 

19 1505 of title 28, United States Code (commonly 

20 known as the ‘‘Indian Tucker Act’’), the Hawaii Or21 ganic Act (31 Stat. 141), or any other Federal stat22 ute, except as expressly amended by this Act; or 

23 (4) alters the sovereign immunity of the United 

24 States or of the State of Hawaii. 


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1 SEC. 10. APPLICABILITY OF CERTAIN FEDERAL LAWS. 

2 (a) INDIAN GAMING REGULATORY ACT.— 

3 (1) IN GENERAL.—The Native Hawaiian gov4 erning entity and Native Hawaiians may not con5 duct gaming activities as a matter of claimed inher6 ent authority or under the authority of any Federal 

7 law, including the Indian Gaming Regulatory Act 

8 (25 U.S.C. 2701 et seq.) or under any regulations 

9 thereunder promulgated by the Secretary or the Na10 tional Indian Gaming Commission. 

11 (2) APPLICABILITY.—The prohibition contained 

12 in paragraph (1) regarding the use of Indian Gam13 ing Regulatory Act (25 U.S.C. 2701 et seq.) and in14 herent authority to game applies regardless of 

15 whether gaming by Native Hawaiians or the Native 

16 Hawaiian governing entity would be located on land 

17 within the State of Hawaii or within any other State 

18 or territory of the United States. 

19 (b) SINGLE GOVERNING ENTITY.—This Act will re20 sult in the recognition of the single Native Hawaiian gov21 erning entity. Additional Native Hawaiian groups shall not 

22 be eligible for acknowledgment pursuant to the Federal 

23 Acknowledgment Process set forth in part 83 of title 25, 

24 Code of Federal Regulations, or any other administrative 

25 acknowledgment or recognition process. 

26 (c) INDIAN PROGRAMS, SERVICES, AND LAWS.— 


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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of this Act, nothing in this Act extends eli3 gibility for any Indian program or service to the Na4 tive Hawaiian governing entity or its members un5 less a statute governing such a program or service 

6 expressly provides that Native Hawaiians or the Na7 tive Hawaiian governing entity is eligible for such 

8 program or service. Nothing in this Act affects the 

9 eligibility of any person for any program or service 

10 under any statute or law in effect before the date of 

11 enactment of this Act. 

12 (2) APPLICABILITY OF OTHER TERMS.—Subject 

13 to paragraph (3), in Federal statutes or regulations 

14 in force prior to the United States recognition of the 

15 Native Hawaiian governing entity, the terms ‘‘In16 dian’’ and ‘‘Native American’’, and references to In17 dian tribes, bands, nations, pueblos, villages, or 

18 other organized groups or communities, shall not 

19 apply to the Native Hawaiian governing entity or its 

20 members, unless the Federal statute or regulation 

21 expressly applies to Native Hawaiians or the Native 

22 Hawaiian governing entity. 

23 (3) INDIAN CIVIL RIGHTS ACT OF 1968.—The 

24 Council and the Native Hawaiian governing entity 

25 shall be subject to sections 201 through 203 of the 


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1 Indian Civil Rights Act of 1968 (25 U.S.C. 1301– 

2 1303). Nothing in such Act, and nothing in this 

3 paragraph, shall be interpreted to expand the powers 

4 and authorities of the Council or the Native Hawai5 ian governing entity that are described elsewhere in 

6 this Act. 

7 (d) REAL PROPERTY TRANSFERS.—Section 2116 of 

8 the Revised Statutes (commonly known as the ‘‘Indian 

9 Trade and Intercourse Act’’) (25 U.S.C. 177) does not 

10 apply to any purchase, grant, lease, or other conveyance 

11 of lands, or of any title or claim thereto, from Native Ha12 waiians, Native Hawaiian entities, or the Kingdom of Ha13 waii that occurred prior to the date of the United States’ 

14 recognition of the Native Hawaiian governing entity. 

15 SEC. 11. SEVERABILITY. 

16 If any section or provision of this Act is held invalid, 

17 it is the intent of Congress that the remaining sections 

18 or provisions shall continue in full force and effect. 

19 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated such sums 

21 as are necessary to carry out this Act. 

Passed the House of Representatives February 23, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 319 

111TH CONGRESS 

2D SESSION H. R. 2314 

AN ACT 

To express the policy of the United States regardwaiian governing entity. ognition by the United States of the Native Ha- Hawaiians and to provide a process for the rec- ing the United States relationship with Native 

MARCH 16, 2010 

Read the second time and placed on the calendar 


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