II 

Calendar No. 101

109TH CONGRESS 

1ST SESSION S. 147

[Report No. 109–68] 

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. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2005

Mr. AKAKA (for himself, Mr. INOUYE, Mr. SMITH, Ms. CANTWELL, Ms. MURKOWSKI, Mr. COLEMAN, Mr. DORGAN, Mr. STEVENS, and Mr. GRAHAM) 

introduced the following bill; which was read twice and referred to the 

Committee on Indian Affairs 

MAY 16, 2005

Reported by Mr. MCCAIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL

To express the policy of the United States regarding the 

United States relationship with Native Hawaiians and 

to provide a process for the recognition by the United 

States of the Native Hawaiian governing entity.

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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•S 147 RS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Native Hawaiian Gov3 ernment Reorganization Act of 2005’’. 

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; 

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

10 Hawaiian archipelago that is now part of the United 

11 States, are indigenous, native people of the United 

12 States; 

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

14 legal responsibility to promote the welfare of the na15 tive people of the United States, including Native 

16 Hawaiians; 

17 (4) under the treaty making power of the 

18 United States, Congress exercised its constitutional 

19 authority to confirm treaties between the United 

20 States and the Kingdom of Hawaii, and from 1826 

21 until 1893, the United States—

22 (A) recognized the sovereignty of the King23 dom of Hawaii; 

24 (B) accorded full diplomatic recognition to 

25 the Kingdom of Hawaii; and 
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1 (C) entered into treaties and conventions 

2 with the Kingdom of Hawaii to govern com3 merce and navigation in 1826, 1842, 1849, 

4 1875, and 1887; 

5 (5) pursuant to the Hawaiian Homes Commis6 sion Act, 1920 (42 Stat. 108, chapter 42), the 

7 United States set aside approximately 203,500 acres 

8 of land to address the conditions of Native Hawai9 ians in the Federal territory that later became the 

10 State of Hawaii; 

11 (6) by setting aside 203,500 acres of land for 

12 Native Hawaiian homesteads and farms, the Hawai13 ian Homes Commission Act assists the members of 

14 the Native Hawaiian community in maintaining dis15 tinct native settlements throughout the State of Ha16 waii; 

17 (7) approximately 6,800 Native Hawaiian fami18 lies reside on the Hawaiian Home Lands and ap19 proximately 18,000 Native Hawaiians who are eligi20 ble to reside on the Hawaiian Home Lands are on 

21 a waiting list to receive assignments of Hawaiian 

22 Home Lands; 

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

24 United States admitting Hawaii into the Union, 

25 Congress established a public trust (commonly 
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1 known as the ‘‘ceded lands trust’’), for 5 purposes, 

2 1 of which is the betterment of the conditions of Na3 tive Hawaiians; 

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

5 submerged lands, natural resources, and the reve6 nues derived from the lands; and 

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

8 been completely inventoried or segregated; 

9 (9) Native Hawaiians have continuously sought 

10 access to the ceded lands in order to establish and 

11 maintain native settlements and distinct native com12 munities throughout the State; 

13 (10) the Hawaiian Home Lands and other 

14 ceded lands provide an important foundation for the 

15 ability of the Native Hawaiian community to main16 tain the practice of Native Hawaiian culture, lan17 guage, and traditions, and for the survival and eco18 nomic self-sufficiency of the Native Hawaiian people; 

19 (11) Native Hawaiians continue to maintain 

20 other distinctly native areas in Hawaii; 

21 (12) on November 23, 1993, Public Law 103–

22 150 (107 Stat. 1510) (commonly known as the 

23 ‘‘Apology Resolution’’) was enacted into law, extend24 ing an apology on behalf of the United States to the 
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1 native people of Hawaii for the United States’ role 

2 in the overthrow of the Kingdom of Hawaii; 

3 (13) the Apology Resolution acknowledges that 

4 the overthrow of the Kingdom of Hawaii occurred 

5 with the active participation of agents and citizens 

6 of the United States and further acknowledges that 

7 the Native Hawaiian people never directly relin8 quished to the United States their claims to their in9 herent sovereignty as a people over their national 

10 lands, either through the Kingdom of Hawaii or 

11 through a plebiscite or referendum; 

12 (14) the Apology Resolution expresses the com13 mitment of Congress and the President—

14 (A) to acknowledge the ramifications of the 

15 overthrow of the Kingdom of Hawaii; 

16 (B) to support reconciliation efforts be17 tween the United States and Native Hawaiians; 

18 and 

19 (C) to consult with Native Hawaiians on 

20 the reconciliation process as called for in the 

21 Apology Resolution; 

22 (15) despite the overthrow of the government of 

23 the Kingdom of Hawaii, Native Hawaiians have con24 tinued to maintain their separate identity as a dis25 tinct native community through cultural, social, and 
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1 political institutions, and to give expression to their 

2 rights as native people to self-determination, self3 governance, and economic self-sufficiency; 

4 (16) Native Hawaiians have also given expres5 sion to their rights as native people to self-deter6 mination, self-governance, and economic self-suffi7 ciency—

8 (A) through the provision of governmental 

9 services to Native Hawaiians, including the pro10 vision of—

11 (i) health care services; 

12 (ii) educational programs; 

13 (iii) employment and training pro14 grams; 

15 (iv) economic development assistance 

16 programs; 

17 (v) children’s services; 

18 (vi) conservation programs; 

19 (vii) fish and wildlife protection; 

20 (viii) agricultural programs; 

21 (ix) native language immersion pro22 grams; 

23 (x) native language immersion schools 

24 from kindergarten through high school; 
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1 (xi) college and master’s degree pro2 grams in native language immersion in3 struction; and 

4 (xii) traditional justice programs, and 

5 (B) by continuing their efforts to enhance 

6 Native Hawaiian self-determination and local 

7 control; 

8 (17) Native Hawaiians are actively engaged in 

9 Native Hawaiian cultural practices, traditional agri10 cultural methods, fishing and subsistence practices, 

11 maintenance of cultural use areas and sacred sites, 

12 protection of burial sites, and the exercise of their 

13 traditional rights to gather medicinal plants and 

14 herbs, and food sources; 

15 (18) the Native Hawaiian people wish to pre16 serve, develop, and transmit to future generations of 

17 Native Hawaiians their lands and Native Hawaiian 

18 political and cultural identity in accordance with 

19 their traditions, beliefs, customs and practices, lan20 guage, and social and political institutions, to con21 trol and manage their own lands, including ceded 

22 lands, and to achieve greater self-determination over 

23 their own affairs; 

24 (19) this Act provides a process within the 

25 framework of Federal law for the Native Hawaiian 
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1 people to exercise their inherent rights as a distinct, 

2 indigenous, native community to reorganize a Native 

3 Hawaiian governing entity for the purpose of giving 

4 expression to their rights as native people to self-de5 termination and self-governance; 

6 (20) Congress—

7 (A) has declared that the United States 

8 has a special responsibility for the welfare of 

9 the native peoples of the United States, includ10 ing Native Hawaiians; 

11 (B) has identified Native Hawaiians as a 

12 distinct group of indigenous, native people of 

13 the United States within the scope of its au14 thority under the Constitution, and has enacted 

15 scores of statutes on their behalf ; and 

16 (C) has delegated broad authority to the 

17 State of Hawaii to administer some of the 

18 United States’ responsibilities as they relate to 

19 the Native Hawaiian people and their lands; 

20 (21) the United States has recognized and re21 affirmed the special political and legal relationship 

22 with the Native Hawaiian people through the enact23 ment of the Act entitled, ‘‘An Act to provide for the 

24 admission of the State of Hawaii into the Union’’, 
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1 approved March 18, 1959 (Public Law 86–3; 73 

2 Stat. 4), by—

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

4 the public lands formerly held by the United 

5 States, and mandating that those lands be held 

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

7 for the betterment of the conditions of Native 

8 Hawaiians; and 

9 (B) transferring the United States’ respon10 sibility for the administration of the Hawaiian 

11 Home Lands to the State of Hawaii, but retain12 ing the authority to enforce the trust, including 

13 the exclusive right of the United States to con14 sent to any actions affecting the lands that 

15 comprise the corpus of the trust and any 

16 amendments to the Hawaiian Homes Commis17 sion Act, 1920 (42 Stat. 108, chapter 42) that 

18 are enacted by the legislature of the State of 

19 Hawaii affecting the beneficiaries under the 

20 Act; 

21 (22) the United States has continually recog22 nized and reaffirmed that—

23 (A) Native Hawaiians have a cultural, his24 toric, and land-based link to the aboriginal, in-
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1 digenous, native people who exercised sov2 ereignty over the Hawaiian Islands; 

3 (B) Native Hawaiians have never relin4 quished their claims to sovereignty or their sov5 ereign lands; 

6 (C) the United States extends services to 

7 Native Hawaiians because of their unique sta8 tus as the indigenous, native people of a once9 sovereign nation with whom the United States 

10 has a political and legal relationship; and 

11 (D) the special trust relationship of Amer12 ican Indians, Alaska Natives, and Native Ha13 waiians to the United States arises out of their 

14 status as aboriginal, indigenous, native people 

15 of the United States; and 

16 (23) the State of Hawaii supports the reaffir17 mation of the political and legal relationship between 

18 the Native Hawaiian governing entity and the 

19 United States as evidenced by 2 unanimous resolu20 tions enacted by the Hawaii State Legislature in the 

21 2000 and 2001 sessions of the Legislature and by 

22 the testimony of the Governor of the State of Hawaii 

23 before the Committee on Indian Affairs of the Sen24 ate on February 25, 2003. 
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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ABORIGINAL, INDIGENOUS, NATIVE PEO4 PLE.—The term ‘‘aboriginal, indigenous, native peo5 ple’’ means people whom Congress has recognized as 

6 the original inhabitants of the lands that later be7 came part of the United States and who exercised 

8 sovereignty in the areas that later became part of 

9 the United States. 

10 (2) ADULT MEMBER.—The term ‘‘adult mem11 ber’’ means a Native Hawaiian who has attained the 

12 age of 18 and who elects to participate in the reor13 ganization of the Native Hawaiian governing entity. 

14 (3) APOLOGY RESOLUTION.—The term ‘‘Apol15 ogy Resolution’’ means Public Law 103–150 (107 

16 Stat. 1510), a Joint Resolution extending an apol17 ogy to Native Hawaiians on behalf of the United 

18 States for the participation of agents of the United 

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

20 Kingdom of Hawaii. 

21 (4) COMMISSION.—The term ‘‘commission’’ 

22 means the Commission established under section 

23 7(b) to provide for the certification that those adult 

24 members of the Native Hawaiian community listed 

25 on the roll meet the definition of Native Hawaiian 

26 set forth in paragraph (8). 
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1 (5) COUNCIL.—The term ‘‘council’’ means the 

2 Native Hawaiian Interim Governing Council estab3 lished under section 7(c)(2). 

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

5 ‘‘indigenous, native people’’ means the lineal de6 scendants of the aboriginal, indigenous, native peo7 ple of the United States. 

8 (7) INTERAGENCY COORDINATING GROUP.—The 

9 term ‘‘Interagency Coordinating Group’’ means the 

10 Native Hawaiian Interagency Coordinating Group 

11 established under section 6. 

12 (8) NATIVE HAWAIIAN.—For the purpose of es13 tablishing the roll authorized under section 7(c)(1) 

14 and before the reaffirmation of the political and 

15 legal relationship between the United States and the 

16 Native Hawaiian governing entity, the term ‘‘Native 

17 Hawaiian’’ means—

18 (A) an individual who is one of the indige19 nous, native people of Hawaii and who is a di20 rect lineal descendant of the aboriginal, indige21 nous, native people who—

22 (i) resided in the islands that now 

23 comprise the State of Hawaii on or before 

24 January 1, 1893; and 
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1 (ii) occupied and exercised sovereignty 

2 in the Hawaiian archipelago, including the 

3 area that now constitutes the State of Ha4 waii; or 

5 (B) an individual who is one of the indige6 nous, native people of Hawaii and who was eli7 gible in 1921 for the programs authorized by 

8 the Hawaiian Homes Commission Act (42 Stat. 

9 108, chapter 42) or a direct lineal descendant 

10 of that individual. 

11 (9) NATIVE HAWAIIAN GOVERNING ENTITY.—

12 The term ‘‘Native Hawaiian Governing Entity’’ 

13 means the governing entity organized by the Native 

14 Hawaiian people pursuant to this Act. 

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

16 United States Office for Native Hawaiian Relations 

17 established by section 5(a). 

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

19 means the Secretary of the Interior. 

20 SEC. 4. UNITED STATES POLICY AND PURPOSE. 

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

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

23 indigenous, native people with whom the United 

24 States has a special political and legal relationship; 
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1 (2) the United States has a special political and 

2 legal relationship with the Native Hawaiian people 

3 which includes promoting the welfare of Native Ha4 waiians; 

5 (3) Congress possesses the authority under the 

6 Constitution, including but not limited to Article I, 

7 section 8, clause 3, to enact legislation to address 

8 the conditions of Native Hawaiians and has exer9 cised this authority through the enactment of—

10 (A) the Hawaiian Homes Commission Act, 

11 1920 (42 Stat. 108, chapter 42); 

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

13 the admission of the State of Hawaii into the 

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

15 86–3, 73 Stat. 4); and 

16 (C) more than 150 other Federal laws ad17 dressing the conditions of Native Hawaiians; 

18 (4) Native Hawaiians have—

19 (A) an inherent right to autonomy in their 

20 internal affairs; 

21 (B) an inherent right of self-determination 

22 and self-governance; 

23 (C) the right to reorganize a Native Ha24 waiian governing entity; and 
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1 (D) the right to become economically self2 sufficient; and 

3 (5) the United States shall continue to engage 

4 in a process of reconciliation and political relations 

5 with the Native Hawaiian people. 

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

7 a process for the reorganization of the Native Hawaiian 

8 governing entity and the reaffirmation of the political and 

9 legal relationship between the United States and the Na10 tive Hawaiian governing entity for purposes of continuing 

11 a government-to-government relationship. 

12 SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RE13 LATIONS. 

14 (a) ESTABLISHMENT.—There is established within 

15 the Office of the Secretary, the United States Office for 

16 Native Hawaiian Relations. 

17 (b) DUTIES.—The Office shall—

18 (1) continue the process of reconciliation with 

19 the Native Hawaiian people in furtherance of the 

20 Apology Resolution; 

21 (2) upon the reaffirmation of the political and 

22 legal relationship between the Native Hawaiian gov23 erning entity and the United States, effectuate and 

24 coordinate the special political and legal relationship 

25 between the Native Hawaiian governing entity and 
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1 the United States through the Secretary, and with 

2 all other Federal agencies; 

3 (3) fully integrate the principle and practice of 

4 meaningful, regular, and appropriate consultation 

5 with the Native Hawaiian governing entity by pro6 viding timely notice to, and consulting with, the Na7 tive Hawaiian people and the Native Hawaiian gov8 erning entity before taking any actions that may 

9 have the potential to significantly affect Native Ha10 waiian resources, rights, or lands; 

11 (4) consult with the Interagency Coordinating 

12 Group, other Federal agencies, the Governor of the 

13 State of Hawaii and relevant agencies of the State 

14 of Hawaii on policies, practices, and proposed ac15 tions affecting Native Hawaiian resources, rights, or 

16 lands; and 

17 (5) prepare and submit to the Committee on 

18 Indian Affairs and the Committee on Energy and 

19 Natural Resources of the Senate and the Committee 

20 on Resources of the House of Representatives an an21 nual report detailing the activities of the Interagency 

22 Coordinating Group that are undertaken with re23 spect to the continuing process of reconciliation and 

24 to effect meaningful consultation with the Native 

25 Hawaiian governing entity and providing rec-
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1 ommendations for any necessary changes to Federal 

2 law or regulations promulgated under the authority 

3 of Federal law. 

4 SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING 

5 GROUP. 

6 (a) ESTABLISHMENT.—In recognition that Federal 

7 programs authorized to address the conditions of Native 

8 Hawaiians are largely administered by Federal agencies 

9 other than the Department of the Interior, there is estab10 lished an interagency coordinating group to be known as 

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

12 (b) COMPOSITION.—The Interagency Coordinating 

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

14 the President, from—

15 (1) each Federal agency that administers Na16 tive Hawaiian programs, establishes or implements 

17 policies that affect Native Hawaiians, or whose ac18 tions may significantly or uniquely impact Native 

19 Hawaiian resources, rights, or lands; and 

20 (2) the Office. 

21 (c) LEAD AGENCY.—

22 (1) IN GENERAL.—The Department of the Inte23 rior shall serve as the lead agency of the Interagency 

24 Coordinating Group. 
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1 (2) MEETINGS.—The Secretary shall convene 

2 meetings of the Interagency Coordinating Group. 

3 (d) DUTIES.—The Interagency Coordinating Group 

4 shall—

5 (1) coordinate Federal programs and policies 

6 that affect Native Hawaiians or actions by any agen7 cy or agencies of the Federal Government that may 

8 significantly or uniquely affect Native Hawaiian re9 sources, rights, or lands; 

10 (2) ensure that each Federal agency develops a 

11 policy on consultation with the Native Hawaiian peo12 ple, and upon the reaffirmation of the political and 

13 legal relationship between the Native Hawaiian gov14 erning entity and the United States, consultation 

15 with the Native Hawaiian governing entity; and 

16 (3) ensure the participation of each Federal 

17 agency in the development of the report to Congress 

18 authorized in section 5(b)(5). 
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1 SEC. 7. PROCESS FOR THE REORGANIZATION OF THE NA2 TIVE HAWAIIAN GOVERNING ENTITY AND 

3 THE REAFFIRMATION OF THE POLITICAL 

4 AND LEGAL RELATIONSHIP BETWEEN THE 

5 UNITED STATES AND THE NATIVE HAWAIIAN 

6 GOVERNING ENTITY. 

7 (a) RECOGNITION OF THE NATIVE HAWAIIAN GOV8 ERNING ENTITY.—The right of the Native Hawaiian peo9 ple to reorganize the Native Hawaiian governing entity to 

10 provide for their common welfare and to adopt appropriate 

11 organic governing documents is recognized by the United 

12 States. 

13 (b) COMMISSION.—

14 (1) IN GENERAL.—There is authorized to be es15 tablished a Commission to be composed of nine 

16 members for the purposes of—

17 (A) preparing and maintaining a roll of the 

18 adult members of the Native Hawaiian commu19 nity who elect to participate in the reorganiza20 tion of the Native Hawaiian governing entity; 

21 and 

22 (B) certifying that the adult members of 

23 the Native Hawaiian community proposed for 

24 inclusion on the roll meet the definition of Na25 tive Hawaiian in paragraph (8) of section 3. 

26 (2) MEMBERSHIP.—
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1 (A) APPOINTMENT.—Within 180 days of 

2 the date of enactment of this Act, the Secretary 

3 shall appoint the members of the Commission 

4 in accordance with subclause (B). Any vacancy 

5 on the Commission shall not affect its powers 

6 and shall be filled in the same manner as the 

7 original appointment. 

8 (B) REQUIREMENTS.—The members of the 

9 Commission shall be Native Hawaiian, as de10 fined in section 3(8), and shall have expertise in 

11 the determination of Native Hawaiian ancestry 

12 and lineal descendancy. 

13 (3) EXPENSES.—Each member of the Commis14 sion shall be allowed travel expenses, including per 

15 diem in lieu of subsistence, at rates authorized for 

16 employees of agencies under subchapter I of chapter 

17 57 of title 5, United States Code, while away from 

18 their homes or regular places of business in the per19 formance of services for the Commission. 

20 (4) DUTIES.—The Commission shall—

21 (A) prepare and maintain a roll of the 

22 adult members of the Native Hawaiian commu23 nity who elect to participate in the reorganiza24 tion of the Native Hawaiian governing entity; 

25 and 
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1 (B) certify that each of the adult members 

2 of the Native Hawaiian community proposed for 

3 inclusion on the roll meets the definition of Na4 tive Hawaiian in section 3(8). 

5 (5) STAFF.—

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

7 without regard to the civil service laws (includ8 ing regulations), appoint and terminate an exec9 utive director and such other additional per10 sonnel as are necessary to enable the Commis11 sion to perform the duties of the Commission. 

12 (B) COMPENSATION.—

13 (i) IN GENERAL.—Except as provided 

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

15 compensation of the executive director and 

16 other personnel without regard to the pro17 visions of chapter 51 and subchapter III of 

18 chapter 53 of title 5, United States Code, 

19 relating to classification of positions and 

20 General Schedule pay rates. 

21 (ii) MAXIMUM RATE OF PAY.—The 

22 rate of pay for the executive director and 

23 other personnel shall not exceed the rate 

24 payable for level V of the Executive Sched-
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1 ule under section 5316 of title 5, United 

2 States Code. 

3 (6) DETAIL OF FEDERAL GOVERNMENT EM4 PLOYEES.—

5 (A) IN GENERAL.—An employee of the 

6 Federal Government may be detailed to the 

7 Commission without reimbursement. 

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

9 the employee shall be without interruption or 

10 loss of civil service status or privilege. 

11 (7) PROCUREMENT OF TEMPORARY AND INTER12 MITTENT SERVICES.—The Commission may procure 

13 temporary and intermittent services in accordance 

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

15 at rates for individuals that do not exceed the daily 

16 equivalent of the annual rate of basic pay prescribed 

17 for level V of the Executive Schedule under section 

18 5316 of that title. 

19 (8) EXPIRATION.—The Secretary shall dissolve 

20 the Commission upon the reaffirmation of the polit21 ical and legal relationship between the Native Ha22 waiian governing entity and the United States. 

23 (c) PROCESS FOR THE REORGANIZATION OF THE NA24 TIVE HAWAIIAN GOVERNING ENTITY.—

25 (1) ROLL.—
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1 (A) CONTENTS.—The roll shall include the 

2 names of the adult members of the Native Ha3 waiian community who elect to participate in 

4 the reorganization of the Native Hawaiian gov5 erning entity and are certified to be Native Ha6 waiian as defined in section 3(8) by the Com7 mission. 

8 (B) FORMATION OF ROLL.—Each adult 

9 member of the Native Hawaiian community 

10 who elects to participate in the reorganization 

11 of the Native Hawaiian governing entity shall 

12 submit to the Commission documentation in the 

13 form established by the Commission that is suf14 ficient to enable the Commission to determine 

15 whether the individual meets the definition of 

16 Native Hawaiian in section 3(8). 

17 (C) DOCUMENTATION.—The Commission 

18 shall—

19 (i) identify the types of documentation 

20 that may be submitted to the Commission 

21 that would enable the Commission to de22 termine whether an individual meets the 

23 definition of Native Hawaiian in section 

24 3(8); 
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1 (ii) establish a standard format for 

2 the submission of documentation; and 

3 (iii) publish information related to 

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

5 (D) CONSULTATION.—In making deter6 minations that each of the adult members of 

7 the Native Hawaiian community proposed for 

8 inclusion on the roll meets the definition of Na9 tive Hawaiian in section 3(8), the Commission 

10 may consult with Native Hawaiian organiza11 tions, agencies of the State of Hawaii including 

12 but not limited to the Department of Hawaiian 

13 Home Lands, the Office of Hawaiian Affairs, 

14 and the State Department of Health, and other 

15 entities with expertise and experience in the de16 termination of Native Hawaiian ancestry and 

17 lineal descendancy. 

18 (E) CERTIFICATION AND SUBMITTAL OF

19 ROLL TO SECRETARY.—The Commission 

20 shall—

21 (i) submit the roll containing the 

22 names of the adult members of the Native 

23 Hawaiian community who meet the defini24 tion of Native Hawaiian in section 3(8) to 

25 the Secretary within two years from the 
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1 date on which the Commission is fully 

2 composed; and 

3 (ii) certify to the Secretary that each 

4 of the adult members of the Native Hawai5 ian community proposed for inclusion on 

6 the roll meets the definition of Native Ha7 waiian in section 3(8). 

8 (F) PUBLICATION.—Upon certification by 

9 the Commission to the Secretary that those list10 ed on the roll meet the definition of Native Ha11 waiian in section 3(8), the Secretary shall pub12 lish the roll in the Federal Register. 

13 (G) APPEAL.—The Secretary may estab14 lish a mechanism for an appeal for any person 

15 whose name is excluded from the roll who 

16 claims to meet the definition of Native Hawai17 ian in section 3(8) and to be 18 years of age 

18 or older. 

19 (H) PUBLICATION; UPDATE.—The Sec20 retary shall—

21 (i) publish the roll regardless of 

22 whether appeals are pending; 

23 (ii) update the roll and the publication 

24 of the roll on the final disposition of any 

25 appeal; and 
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1 (iii) update the roll to include any Na2 tive Hawaiian who has attained the age of 

3 18 and who has been certified by the Com4 mission as meeting the definition of Native 

5 Hawaiian in section 3(8) after the initial 

6 publication of the roll or after any subse7 quent publications of the roll. 

8 (I) FAILURE TO ACT.—If the Secretary 

9 fails to publish the roll, not later than 90 days 

10 after the date on which the roll is submitted to 

11 the Secretary, the Commission shall publish the 

12 roll notwithstanding any order or directive 

13 issued by the Secretary or any other official of 

14 the Department of the Interior to the contrary. 

15 (J) EFFECT OF PUBLICATION.—The publi16 cation of the initial and updated roll shall serve 

17 as the basis for the eligibility of adult members 

18 of the Native Hawaiian community whose 

19 names are listed on those rolls to participate in 

20 the reorganization of the Native Hawaiian gov21 erning entity. 

22 (2) ORGANIZATION OF THE NATIVE HAWAIIAN

23 INTERIM GOVERNING COUNCIL.—
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1 (A) ORGANIZATION.—The adult members 

2 of the Native Hawaiian community listed on the 

3 roll published under this section may—

4 (i) develop criteria for candidates to 

5 be elected to serve on the Native Hawaiian 

6 Interim Governing Council; 

7 (ii) determine the structure of the 

8 Council; and 

9 (iii) elect members from individuals 

10 listed on the roll published under this sub11 section to the Council. 

12 (B) POWERS.—

13 (i) IN GENERAL.—The Council—

14 (I) may represent those listed on 

15 the roll published under this section in 

16 the implementation of this Act; and 

17 (II) shall have no powers other 

18 than powers given to the Council 

19 under this Act. 

20 (ii) FUNDING.—The Council may 

21 enter into a contract with, or obtain a 

22 grant from, any Federal or State agency to 

23 carry out clause (iii). 

24 (iii) ACTIVITIES.—
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1 (I) IN GENERAL.—The Council 

2 may conduct a referendum among the 

3 adult members of the Native Hawai4 ian community listed on the roll pub5 lished under this subsection for the 

6 purpose of determining the proposed 

7 elements of the organic governing doc8 uments of the Native Hawaiian gov9 erning entity, including but not lim10 ited to—

11 (aa) the proposed criteria 

12 for citizenship of the Native Ha13 waiian governing entity; 

14 (bb) the proposed powers 

15 and authorities to be exercised by 

16 the Native Hawaiian governing 

17 entity, as well as the proposed 

18 privileges and immunities of the 

19 Native Hawaiian governing enti20 ty; 

21 (cc) the proposed civil rights 

22 and protection of the rights of 

23 the citizens of the Native Hawai24 ian governing entity and all per25 sons affected by the exercise of 
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1 governmental powers and au2 thorities of the Native Hawaiian 

3 governing entity; and 

4 (dd) other issues determined 

5 appropriate by the Council. 

6 (II) DEVELOPMENT OF ORGANIC

7 GOVERNING DOCUMENTS.—Based on 

8 the referendum, the Council may de9 velop proposed organic governing doc10 uments for the Native Hawaiian gov11 erning entity. 

12 (III) DISTRIBUTION.—The Coun13 cil may distribute to all adult mem14 bers of the Native Hawaiian commu15 nity listed on the roll published under 

16 this subsection—

17 (aa) a copy of the proposed 

18 organic governing documents, as 

19 drafted by the Council; and 

20 (bb) a brief impartial de21 scription of the proposed organic 

22 governing documents; 

23 (IV) ELECTIONS.—The Council 

24 may hold elections for the purpose of 

25 ratifying the proposed organic gov-
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1 erning documents, and on certification 

2 of the organic governing documents 

3 by the Secretary in accordance with 

4 paragraph (4), hold elections of the 

5 officers of the Native Hawaiian gov6 erning entity pursuant to paragraph 

7 (5). 

8 (3) SUBMITTAL OF ORGANIC GOVERNING DOCU9 MENTS.—Following the reorganization of the Native 

10 Hawaiian governing entity and the adoption of or11 ganic governing documents, the Council shall submit 

12 the organic governing documents of the Native Ha13 waiian governing entity to the Secretary. 

14 (4) CERTIFICATIONS.—

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

16 the future negotiations to be conducted under 

17 the authority of section 8(b)(1), and the subse18 quent actions by the Congress and the State of 

19 Hawaii to enact legislation to implement the 

20 agreements of the 3 governments, not later 

21 than 90 days after the date on which the Coun22 cil submits the organic governing documents to 

23 the Secretary, the Secretary shall certify that 

24 the organic governing documents—
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1 (i) establish the criteria for citizenship 

2 in the Native Hawaiian governing entity; 

3 (ii) were adopted by a majority vote of 

4 the adult members of the Native Hawaiian 

5 community whose names are listed on the 

6 roll published by the Secretary; 

7 (iii) provide authority for the Native 

8 Hawaiian governing entity to negotiate 

9 with Federal, State, and local govern10 ments, and other entities; 

11 (iv) provide for the exercise of govern12 mental authorities by the Native Hawaiian 

13 governing entity, including any authorities 

14 that may be delegated to the Native Ha15 waiian governing entity by the United 

16 States and the State of Hawaii following 

17 negotiations authorized in section 8(b)(1) 

18 and the enactment of legislation to imple19 ment the agreements of the 3 governments; 

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

21 or encumbrance of lands, interests in 

22 lands, or other assets of the Native Hawai23 ian governing entity without the consent of 

24 the Native Hawaiian governing entity; 
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1 (vi) provide for the protection of the 

2 civil rights of the citizens of the Native 

3 Hawaiian governing entity and all persons 

4 affected by the exercise of governmental 

5 powers and authorities by the Native Ha6 waiian governing entity; and 

7 (vii) are consistent with applicable 

8 Federal law and the special political and 

9 legal relationship between the United 

10 States and the indigenous, native people of 

11 the United States; provided that the provi12 sions of Public Law 103–454, 25 U.S.C. 

13 479a, shall not apply. 

14 (B) RESUBMISSION IN CASE OF NON15 COMPLIANCE WITH THE REQUIREMENTS OF

16 SUBPARAGRAPH (a).—

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 
33

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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 paragraph (4) shall be 

18 deemed to have been made if the Secretary has 

19 not acted within 90 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 
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1 Council may hold elections of the officers of the Na2 tive Hawaiian governing entity. 

3 (6) REAFFIRMATION.—Notwithstanding any 

4 other provision of law, upon the certifications re5 quired under paragraph (4) and the election of the 

6 officers of the Native Hawaiian governing entity, the 

7 political and legal relationship between the United 

8 States and the Native Hawaiian governing entity is 

9 hereby reaffirmed and the United States extends 

10 Federal recognition to the Native Hawaiian gov11 erning entity as the representative governing body of 

12 the Native Hawaiian people. 

13 SEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL AU14 THORITY; NEGOTIATIONS; CLAIMS. 

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

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

17 conditions of the indigenous, native people of Hawaii con18 tained in the Act entitled ‘‘An Act to provide for the ad19 mission of the State of Hawaii into the Union’’ approved 

20 March 18, 1959 (Public Law 86–3, 73 Stat. 4), is re21 affirmed. 

22 (b) NEGOTIATIONS.—

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

24 the political and legal relationship between the 

25 United States and the Native Hawaiian governing 
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1 entity, the United States and the State of Hawaii 

2 may enter into negotiations with the Native Hawai3 ian governing entity designed to lead to an agree4 ment addressing such matters as—

5 (A) the transfer of lands, natural re6 sources, and other assets, and the protection of 

7 existing rights related to such lands or re8 sources; 

9 (B) the exercise of governmental authority 

10 over any transferred lands, natural resources, 

11 and other assets, including land use; 

12 (C) the exercise of civil and criminal juris13 diction; 

14 (D) the delegation of governmental powers 

15 and authorities to the Native Hawaiian gov16 erning entity by the United States and the 

17 State of Hawaii; and 

18 (E) any residual responsibilities of the 

19 United States and the State of Hawaii. 

20 (2) AMENDMENTS TO EXISTING LAWS.—Upon 

21 agreement on any matter or matters negotiated with 

22 the United States, the State of Hawaii, and the Na23 tive Hawaiian governing entity, the parties are au24 thorized to submit—
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1 (A) to the Committee on Indian Affairs of 

2 the Senate, the Committee on Energy and Nat3 ural Resources of the Senate, and the Com4 mittee on Resources of the House of Represent5 atives, recommendations for proposed amend6 ments to Federal law that will enable the imple7 mentation of agreements reached between the 3 

8 governments; and 

9 (B) to the Governor and the legislature of 

10 the State of Hawaii, recommendations for pro11 posed amendments to State law that will enable 

12 the implementation of agreements reached be13 tween the 3 governments. 

14 (c) CLAIMS.—

15 (1) IN GENERAL.—Nothing in this Act serves 

16 as a settlement of any claim against the United 

17 States. 

18 (2) STATUTE OF LIMITATIONS.—Any claim 

19 against the United States arising under Federal law 

20 that—

21 (A) is in existence on the date of enact22 ment of this Act; 

23 (B) is asserted by the Native Hawaiian 

24 governing entity on behalf of the Native Hawai25 ian people; and 
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1 (C) relates to the legal and political rela2 tionship between the United States and the Na3 tive Hawaiian people; 

4 shall be brought in the court of jurisdiction over 

5 such claims not later than 20 years after the date 

6 on which Federal recognition is extended to the Na7 tive Hawaiian governing entity under section 

8 7(c)(6). 

9 SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS. 

10 (a) INDIAN GAMING REGULATORY ACT.—Nothing in 

11 this Act shall be construed to authorize the Native Hawai12 ian governing entity to conduct gaming activities under 

13 the authority of the Indian Gaming Regulatory Act (25 

14 U.S.C. 2701 et seq.). 

15 (b) BUREAU OF INDIAN AFFAIRS.—Nothing con16 tained in this Act provides an authorization for eligibility 

17 to participate in any programs and services provided by 

18 the Bureau of Indian Affairs for any persons not otherwise 

19 eligible for the programs or services. 

20 SEC. 10. SEVERABILITY. 

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

22 it is the intent of Congress that the remaining sections 

23 or provisions shall continue in full force and effect. 
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1 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this Act.

4 SECTION 1. SHORT TITLE. 

5 This Act may be cited as the ‘‘Native Hawaiian Gov6 ernment Reorganization Act of 2005’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds that—

9 (1) the Constitution vests Congress with the au10 thority to address the conditions of the indigenous, 

11 native people of the United States; 

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

13 Hawaiian archipelago that is now part of the United 

14 States, are indigenous, native people of the United 

15 States; 

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

17 legal responsibility to promote the welfare of the na18 tive people of the United States, including Native Ha19 waiians; 

20 (4) under the treaty making power of the United 

21 States, Congress exercised its constitutional authority 

22 to confirm treaties between the United States and the 

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

24 United States—

25 (A) recognized the sovereignty of the King26 dom of Hawaii; 
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1 (B) accorded full diplomatic recognition to 

2 the Kingdom of Hawaii; and 

3 (C) entered into treaties and conventions 

4 with the Kingdom of Hawaii to govern commerce 

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

6 1887; 

7 (5) pursuant to the Hawaiian Homes Commis8 sion Act, 1920 (42 Stat. 108, chapter 42), the United 

9 States set aside approximately 203,500 acres of land 

10 to address the conditions of Native Hawaiians in the 

11 Federal territory that later became the State of Ha12 waii; 

13 (6) by setting aside 203,500 acres of land for Na14 tive Hawaiian homesteads and farms, the Hawaiian 

15 Homes Commission Act assists the members of the 

16 Native Hawaiian community in maintaining distinct 

17 native settlements throughout the State of Hawaii; 

18 (7) approximately 6,800 Native Hawaiian fami19 lies reside on the Hawaiian Home Lands and ap20 proximately 18,000 Native Hawaiians who are eligi21 ble to reside on the Hawaiian Home Lands are on a 

22 waiting list to receive assignments of Hawaiian 

23 Home Lands; 

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

25 United States admitting Hawaii into the Union, 
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1 Congress established a public trust (commonly known 

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

3 is the betterment of the conditions of Native Hawai4 ians; 

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

6 submerged lands, natural resources, and the revenues 

7 derived from the lands; and 

8 (C) the assets of this public trust have never been 

9 completely inventoried or segregated; 

10 (9) Native Hawaiians have continuously sought 

11 access to the ceded lands in order to establish and 

12 maintain native settlements and distinct native com13 munities throughout the State; 

14 (10) the Hawaiian Home Lands and other ceded 

15 lands provide an important foundation for the ability 

16 of the Native Hawaiian community to maintain the 

17 practice of Native Hawaiian culture, language, and 

18 traditions, and for the survival and economic self-suf19 ficiency of the Native Hawaiian people; 

20 (11) Native Hawaiians continue to maintain 

21 other distinctly native areas in Hawaii; 

22 (12) on November 23, 1993, Public Law 103–150 

23 (107 Stat. 1510) (commonly known as the ‘‘Apology 

24 Resolution’’) was enacted into law, extending an 

25 apology on behalf of the United States to the native 
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1 people of Hawaii for the United States’ role in the 

2 overthrow of the Kingdom of Hawaii; 

3 (13) the Apology Resolution acknowledges that 

4 the overthrow of the Kingdom of Hawaii occurred 

5 with the active participation of agents and citizens of 

6 the United States and further acknowledges that the 

7 Native Hawaiian people never directly relinquished 

8 to the United States their claims to their inherent 

9 sovereignty as a people over their national lands, ei10 ther through the Kingdom of Hawaii or through a 

11 plebiscite or referendum; 

12 (14) the Apology Resolution expresses the com13 mitment of Congress and the President—

14 (A) to acknowledge the ramifications of the 

15 overthrow of the Kingdom of Hawaii; 

16 (B) to support reconciliation efforts between 

17 the United States and Native Hawaiians; and 

18 (C) to consult with Native Hawaiians on 

19 the reconciliation process as called for in the 

20 Apology Resolution; 

21 (15) despite the overthrow of the government of 

22 the Kingdom of Hawaii, Native Hawaiians have con23 tinued to maintain their separate identity as a dis24 tinct native community through cultural, social, and 

25 political institutions, and to give expression to their 
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1 rights as native people to self-determination, self-gov2 ernance, and economic self-sufficiency; 

3 (16) Native Hawaiians have also given expres4 sion to their rights as native people to self-determina5 tion, self-governance, and economic self-sufficiency—

6 (A) through the provision of governmental 

7 services to Native Hawaiians, including the pro8 vision of—

9 (i) health care services; 

10 (ii) educational programs; 

11 (iii) employment and training pro12 grams; 

13 (iv) economic development assistance 

14 programs; 

15 (v) children’s services; 

16 (vi) conservation programs; 

17 (vii) fish and wildlife protection; 

18 (viii) agricultural programs; 

19 (ix) native language immersion pro20 grams; 

21 (x) native language immersion schools 

22 from kindergarten through high school; 

23 (xi) college and master’s degree pro24 grams in native language immersion in25 struction; and 
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1 (xii) traditional justice programs, and 

2 (B) by continuing their efforts to enhance 

3 Native Hawaiian self-determination and local 

4 control; 

5 (17) Native Hawaiians are actively engaged in 

6 Native Hawaiian cultural practices, traditional agri7 cultural methods, fishing and subsistence practices, 

8 maintenance of cultural use areas and sacred sites, 

9 protection of burial sites, and the exercise of their tra10 ditional rights to gather medicinal plants and herbs, 

11 and food sources; 

12 (18) the Native Hawaiian people wish to pre13 serve, develop, and transmit to future generations of 

14 Native Hawaiians their lands and Native Hawaiian 

15 political and cultural identity in accordance with 

16 their traditions, beliefs, customs and practices, lan17 guage, and social and political institutions, to control 

18 and manage their own lands, including ceded lands, 

19 and to achieve greater self-determination over their 

20 own affairs; 

21 (19) this Act provides a process within the 

22 framework of Federal law for the Native Hawaiian 

23 people to exercise their inherent rights as a distinct, 

24 indigenous, native community to reorganize a Native 

25 Hawaiian governing entity for the purpose of giving 
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1 expression to their rights as native people to self-de2 termination and self-governance; 

3 (20) Congress—

4 (A) has declared that the United States has 

5 a special responsibility for the welfare of the na6 tive peoples of the United States, including Na7 tive Hawaiians; 

8 (B) has identified Native Hawaiians as a 

9 distinct group of indigenous, native people of the 

10 United States within the scope of its authority 

11 under the Constitution, and has enacted scores of 

12 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 (21) 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 Stat. 

23 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 authority to enforce the trust, including 

9 the exclusive right of the United States to consent 

10 to any actions affecting the lands that comprise 

11 the corpus of the trust and any amendments to 

12 the Hawaiian Homes Commission Act, 1920 (42 

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

14 legislature of the State of Hawaii affecting the 

15 beneficiaries under the Act; 

16 (22) the United States has continually recog17 nized and reaffirmed that—

18 (A) Native Hawaiians have a cultural, his19 toric, and land-based link to the aboriginal, in20 digenous, native people who exercised sovereignty 

21 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 status 

3 as the indigenous, native people of a once-sov4 ereign nation with whom the United States has 

5 a political and legal relationship; and 

6 (D) the special trust relationship of Amer7 ican Indians, Alaska Natives, and Native Ha8 waiians to the United States arises out of their 

9 status as aboriginal, indigenous, native people of 

10 the United States; and 

11 (23) the State of Hawaii supports the reaffirma12 tion of the political and legal relationship between the 

13 Native Hawaiian governing entity and the United 

14 States as evidenced by 2 unanimous resolutions en15 acted by the Hawaii State Legislature in the 2000 

16 and 2001 sessions of the Legislature and by the testi17 mony of the Governor of the State of Hawaii before 

18 the Committee on Indian Affairs of the Senate on 

19 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 people whom Congress has recognized as 

25 the original inhabitants of the lands that later became 
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1 part of the United States and who exercised sov2 ereignty in the areas that later became part of the 

3 United States. 

4 (2) ADULT MEMBER.—The term ‘‘adult member’’ 

5 means a Native Hawaiian who has attained the age 

6 of 18 and who elects to participate in the reorganiza7 tion of the Native Hawaiian governing entity. 

8 (3) APOLOGY RESOLUTION.—The term ‘‘Apology 

9 Resolution’’ means Public Law 103–150 (107 Stat. 

10 1510), a Joint Resolution extending an apology to 

11 Native Hawaiians on behalf of the United States for 

12 the participation of agents of the United States in the 

13 January 17, 1893, overthrow of the Kingdom of Ha14 waii. 

15 (4) COMMISSION.—The term ‘‘commission’’ 

16 means the Commission established under section 7(b) 

17 to provide for the certification that those adult mem18 bers of the Native Hawaiian community listed on the 

19 roll meet the definition of Native Hawaiian set forth 

20 in paragraph (10). 

21 (5) COUNCIL.—The term ‘‘council’’ means the 

22 Native Hawaiian Interim Governing Council estab23 lished under section 7(c)(2). 

24 (6) INDIAN PROGRAM OR SERVICE.—
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1 (A) IN GENERAL.—The term ‘‘Indian pro2 gram or service’’ means any federally funded or 

3 authorized program or service provided to an In4 dian tribe (or member of an Indian tribe) be5 cause of the status of the members of the Indian 

6 tribe as Indians. 

7 (B) INCLUSIONS.—The term ‘‘Indian pro8 gram or service’’ includes a program or service 

9 provided by the Bureau of Indian Affairs, the 

10 Indian Health Service, or any other Federal 

11 agency. 

12 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

13 the meaning given the term in section 4 of the Indian 

14 Self-Determination and Education Assistance Act (25 

15 U.S.C. 450b). 

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

17 ‘‘indigenous, native people’’ means the lineal descend18 ants of the aboriginal, indigenous, native people of the 

19 United States. 

20 (9) INTERAGENCY COORDINATING GROUP.—The 

21 term ‘‘Interagency Coordinating Group’’ means the 

22 Native Hawaiian Interagency Coordinating Group 

23 established under section 6. 

24 (10) NATIVE HAWAIIAN.—
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1 (A) IN GENERAL.—Subject to subparagraph 

2 (B), for the purpose of establishing the roll au3 thorized under section 7(c)(1) and before the re4 affirmation of the political and legal relationship 

5 between the United States and the Native Ha6 waiian governing entity, the term ‘‘Native Ha7 waiian’’ means—

8 (i) an individual who is 1 of the indig9 enous, native people of Hawaii and who is 

10 a direct lineal descendant of the aboriginal, 

11 indigenous, native people who—

12 (I) resided in the islands that now 

13 comprise the State of Hawaii on or be14 fore January 1, 1893; and 

15 (II) occupied and exercised sov16 ereignty in the Hawaiian archipelago, 

17 including the area that now constitutes 

18 the State of Hawaii; or 

19 (ii) an individual who is 1 of the in20 digenous, native people of Hawaii and who 

21 was eligible in 1921 for the programs au22 thorized by the Hawaiian Homes Commis23 sion Act (42 Stat. 108, chapter 42) or a di24 rect lineal descendant of that individual. 
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1 (B) NO EFFECT ON OTHER DEFINITIONS.—

2 Nothing in this paragraph affects the definition 

3 of the term ‘‘Native Hawaiian’’ under any other 

4 Federal or State law (including a regulation). 

5 (11) NATIVE HAWAIIAN GOVERNING ENTITY.—

6 The term ‘‘Native Hawaiian Governing Entity’’ 

7 means the governing entity organized by the Native 

8 Hawaiian people pursuant to this Act. 

9 (12) NATIVE HAWAIIAN PROGRAM OR SERVICE.—

10 The term ‘‘Native Hawaiian program or service’’ 

11 means any program or service provided to Native 

12 Hawaiians because of their status as Native Hawai13 ians. 

14 (13) OFFICE.—The term ‘‘Office’’ means the 

15 United States Office for Native Hawaiian Relations 

16 established by section 5(a). 

17 (14) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Interior. 

19 SEC. 4. UNITED STATES POLICY AND PURPOSE. 

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

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

22 indigenous, native people with whom the United 

23 States has a special political and legal relationship; 

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

25 legal relationship with the Native Hawaiian people 
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1 which includes promoting the welfare of Native Ha2 waiians; 

3 (3) Congress possesses the authority under the 

4 Constitution, including but not limited to Article I, 

5 section 8, clause 3, to enact legislation to address the 

6 conditions of Native Hawaiians and has exercised 

7 this authority through the enactment of—

8 (A) the Hawaiian Homes Commission Act, 

9 1920 (42 Stat. 108, chapter 42); 

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

11 the admission of the State of Hawaii into the 

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

13 86–3, 73 Stat. 4); and 

14 (C) more than 150 other Federal laws ad15 dressing the conditions of Native Hawaiians; 

16 (4) Native Hawaiians have—

17 (A) an inherent right to autonomy in their 

18 internal affairs; 

19 (B) an inherent right of self-determination 

20 and self-governance; 

21 (C) the right to reorganize a Native Hawai22 ian governing entity; and 

23 (D) the right to become economically self24 sufficient; and 
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1 (5) the United States shall continue to engage in 

2 a process of reconciliation and political relations with 

3 the Native Hawaiian people. 

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

5 a process for the reorganization of the Native Hawaiian 

6 governing entity and the reaffirmation of the political and 

7 legal relationship between the United States and the Native 

8 Hawaiian governing entity for purposes of continuing a 

9 government-to-government relationship. 

10 SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RE11 LATIONS. 

12 (a) ESTABLISHMENT.—There is established within the 

13 Office of the Secretary, the United States Office for Native 

14 Hawaiian Relations. 

15 (b) DUTIES.—The Office shall—

16 (1) continue the process of reconciliation with 

17 the Native Hawaiian people in furtherance of the 

18 Apology Resolution; 

19 (2) upon the reaffirmation of the political and 

20 legal relationship between the Native Hawaiian gov21 erning entity and the United States, effectuate and 

22 coordinate the special political and legal relationship 

23 between the Native Hawaiian governing entity and 

24 the United States through the Secretary, and with all 

25 other Federal agencies; 
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1 (3) fully integrate the principle and practice of 

2 meaningful, regular, and appropriate consultation 

3 with the Native Hawaiian governing entity by pro4 viding timely notice to, and consulting with, the Na5 tive Hawaiian people and the Native Hawaiian gov6 erning entity before taking any actions that may have 

7 the potential to significantly affect Native Hawaiian 

8 resources, rights, or lands; 

9 (4) consult with the Interagency Coordinating 

10 Group, other Federal agencies, the Governor of the 

11 State of Hawaii and relevant agencies of the State of 

12 Hawaii on policies, practices, and proposed actions 

13 affecting Native Hawaiian resources, rights, or lands; 

14 and 

15 (5) prepare and submit to the Committee on In16 dian Affairs and the Committee on Energy and Nat17 ural Resources of the Senate and the Committee on 

18 Resources of the House of Representatives an annual 

19 report detailing the activities of the Interagency Co20 ordinating Group that are undertaken with respect to 

21 the continuing process of reconciliation and to effect 

22 meaningful consultation with the Native Hawaiian 

23 governing entity and providing recommendations for 

24 any necessary changes to Federal law or regulations 

25 promulgated under the authority of Federal law. 
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1 SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING 

2 GROUP. 

3 (a) ESTABLISHMENT.—In recognition that Federal 

4 programs authorized to address the conditions of Native 

5 Hawaiians are largely administered by Federal agencies 

6 other than the Department of the Interior, there is estab7 lished an interagency coordinating group to be known as 

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

9 (b) COMPOSITION.—The Interagency Coordinating 

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

11 the President, from—

12 (1) each Federal agency that administers Native 

13 Hawaiian programs, establishes or implements poli14 cies that affect Native Hawaiians, or whose actions 

15 may significantly or uniquely impact Native Hawai16 ian resources, rights, or lands; and 

17 (2) the Office. 

18 (c) LEAD AGENCY.—

19 (1) IN GENERAL.—The Department of the Inte20 rior shall serve as the lead agency of the Interagency 

21 Coordinating Group. 

22 (2) MEETINGS.—The Secretary shall convene 

23 meetings of the Interagency Coordinating Group. 

24 (d) DUTIES.—The Interagency Coordinating Group 

25 shall—
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1 (1) coordinate Federal programs and policies 

2 that affect Native Hawaiians or actions by any agen3 cy or agencies of the Federal Government that may 

4 significantly or uniquely affect Native Hawaiian re5 sources, rights, or lands; 

6 (2) ensure that each Federal agency develops a 

7 policy on consultation with the Native Hawaiian peo8 ple, and upon the reaffirmation of the political and 

9 legal relationship between the Native Hawaiian gov10 erning entity and the United States, consultation 

11 with the Native Hawaiian governing entity; and 

12 (3) ensure the participation of each Federal 

13 agency in the development of the report to Congress 

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

15 SEC. 7. PROCESS FOR THE REORGANIZATION OF THE NA16 TIVE HAWAIIAN GOVERNING ENTITY AND THE 

17 REAFFIRMATION OF THE POLITICAL AND 

18 LEGAL RELATIONSHIP BETWEEN THE UNITED 

19 STATES AND THE NATIVE HAWAIIAN GOV20 ERNING ENTITY. 

21 (a) RECOGNITION OF THE NATIVE HAWAIIAN GOV22 ERNING ENTITY.—The right of the Native Hawaiian people 

23 to reorganize the Native Hawaiian governing entity to pro24 vide for their common welfare and to adopt appropriate 
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1 organic governing documents is recognized by the United 

2 States. 

3 (b) COMMISSION.—

4 (1) IN GENERAL.—There is authorized to be es5 tablished a Commission to be composed of nine mem6 bers for the purposes of—

7 (A) preparing and maintaining a roll of the 

8 adult members of the Native Hawaiian commu9 nity who elect to participate in the reorganiza10 tion of the Native Hawaiian governing entity; 

11 and 

12 (B) certifying that the adult members of the 

13 Native Hawaiian community proposed for inclu14 sion on the roll meet the definition of Native Ha15 waiian in section 3(10). 

16 (2) MEMBERSHIP.—

17 (A) APPOINTMENT.—Within 180 days of the 

18 date of enactment of this Act, the Secretary shall 

19 appoint the members of the Commission in ac20 cordance with subclause (B). Any vacancy on the 

21 Commission shall not affect its powers and shall 

22 be filled in the same manner as the original ap23 pointment. 

24 (B) REQUIREMENTS.—The members of the 

25 Commission shall be Native Hawaiian, as de-
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1 fined in section 3(10), and shall have expertise 

2 in the determination of Native Hawaiian ances3 try and lineal descendancy. 

4 (3) EXPENSES.—Each member of the Commis5 sion shall be allowed travel expenses, including per 

6 diem in lieu of subsistence, at rates authorized for 

7 employees of agencies under subchapter I of chapter 

8 57 of title 5, United States Code, while away from 

9 their homes or regular places of business in the per10 formance of services for the Commission. 

11 (4) DUTIES.—The Commission shall—

12 (A) prepare and maintain a roll of the 

13 adult members of the Native Hawaiian commu14 nity who elect to participate in the reorganiza15 tion of the Native Hawaiian governing entity; 

16 and 

17 (B) certify that each of the adult members 

18 of the Native Hawaiian community proposed for 

19 inclusion on the roll meets the definition of Na20 tive Hawaiian in section 3(10). 

21 (5) STAFF.—

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

23 without regard to the civil service laws (includ24 ing regulations), appoint and terminate an exec25 utive director and such other additional per-
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1 sonnel as are necessary to enable the Commission 

2 to perform the duties of the Commission. 

3 (B) COMPENSATION.—

4 (i) IN GENERAL.—Except as provided 

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

6 compensation of the executive director and 

7 other personnel without regard to the provi8 sions of chapter 51 and subchapter III of 

9 chapter 53 of title 5, United States Code, 

10 relating to classification of positions and 

11 General Schedule pay rates. 

12 (ii) MAXIMUM RATE OF PAY.—The rate 

13 of pay for the executive director and other 

14 personnel shall not exceed the rate payable 

15 for level V of the Executive Schedule under 

16 section 5316 of title 5, United States Code. 

17 (6) DETAIL OF FEDERAL GOVERNMENT EMPLOY18 EES.—

19 (A) IN GENERAL.—An employee of the Fed20 eral Government may be detailed to the Commis21 sion without reimbursement. 

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

23 the employee shall be without interruption or 

24 loss of civil service status or privilege. 
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1 (7) PROCUREMENT OF TEMPORARY AND INTER2 MITTENT SERVICES.—The Commission may procure 

3 temporary and intermittent services in accordance 

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

5 rates for individuals that do not exceed the daily 

6 equivalent of the annual rate of basic pay prescribed 

7 for level V of the Executive Schedule under section 

8 5316 of that title. 

9 (8) EXPIRATION.—The Secretary shall dissolve 

10 the Commission upon the reaffirmation of the polit11 ical and legal relationship between the Native Hawai12 ian governing entity and the United States. 

13 (c) PROCESS FOR THE REORGANIZATION OF THE NA14 TIVE HAWAIIAN GOVERNING ENTITY.—

15 (1) ROLL.—

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

17 names of the adult members of the Native Ha18 waiian community who elect to participate in 

19 the reorganization of the Native Hawaiian gov20 erning entity and are certified to be Native Ha21 waiian as defined in section 3(10) by the Com22 mission. 

23 (B) FORMATION OF ROLL.—Each adult 

24 member of the Native Hawaiian community who 

25 elects to participate in the reorganization of the 
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1 Native Hawaiian governing entity shall submit 

2 to the Commission documentation in the form es3 tablished by the Commission that is sufficient to 

4 enable the Commission to determine whether the 

5 individual meets the definition of Native Hawai6 ian in section 3(10). 

7 (C) DOCUMENTATION.—The Commission 

8 shall—

9 (i) identify the types of documentation 

10 that may be submitted to the Commission 

11 that would enable the Commission to deter12 mine whether an individual meets the defi13 nition of Native Hawaiian in section 3(10); 

14 (ii) establish a standard format for the 

15 submission of documentation; and 

16 (iii) publish information related to 

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

18 (D) CONSULTATION.—In making deter19 minations that each of the adult members of the 

20 Native Hawaiian community proposed for inclu21 sion on the roll meets the definition of Native 

22 Hawaiian in section 3(10), the Commission may 

23 consult with Native Hawaiian organizations, 

24 agencies of the State of Hawaii including but 

25 not limited to the Department of Hawaiian 
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1 Home Lands, the Office of Hawaiian Affairs, 

2 and the State Department of Health, and other 

3 entities with expertise and experience in the de4 termination of Native Hawaiian ancestry and 

5 lineal descendancy. 

6 (E) CERTIFICATION AND SUBMITTAL OF

7 ROLL TO SECRETARY.—The Commission shall—

8 (i) submit the roll containing the 

9 names of the adult members of the Native 

10 Hawaiian community who meet the defini11 tion of Native Hawaiian in section 3(10) to 

12 the Secretary within two years from the 

13 date on which the Commission is fully com14 posed; and 

15 (ii) certify to the Secretary that each of 

16 the adult members of the Native Hawaiian 

17 community proposed for inclusion on the 

18 roll meets the definition of Native Hawai19 ian in section 3(10). 

20 (F) PUBLICATION.—Upon certification by 

21 the Commission to the Secretary that those listed 

22 on the roll meet the definition of Native Hawai23 ian in section 3(10), the Secretary shall publish 

24 the roll in the Federal Register. 
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1 (G) APPEAL.—The Secretary may establish 

2 a mechanism for an appeal for any person whose 

3 name is excluded from the roll who claims to 

4 meet the definition of Native Hawaiian in sec5 tion 3(10) and to be 18 years of age or older. 

6 (H) PUBLICATION; UPDATE.—The Secretary 

7 shall—

8 (i) publish the roll regardless of wheth9 er appeals are pending; 

10 (ii) update the roll and the publication 

11 of the roll on the final disposition of any 

12 appeal; and 

13 (iii) update the roll to include any Na14 tive Hawaiian who has attained the age of 

15 18 and who has been certified by the Com16 mission as meeting the definition of Native 

17 Hawaiian in section 3(10) after the initial 

18 publication of the roll or after any subse19 quent publications of the roll. 

20 (I) FAILURE TO ACT.—If the Secretary fails 

21 to publish the roll, not later than 90 days after 

22 the date on which the roll is submitted to the 

23 Secretary, the Commission shall publish the roll 

24 notwithstanding any order or directive issued by 
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1 the Secretary or any other official of the Depart2 ment of the Interior to the contrary. 

3 (J) EFFECT OF PUBLICATION.—The publi4 cation of the initial and updated roll shall serve 

5 as the basis for the eligibility of adult members 

6 of the Native Hawaiian community whose names 

7 are listed on those rolls to participate in the re8 organization of the Native Hawaiian governing 

9 entity. 

10 (2) ORGANIZATION OF THE NATIVE HAWAIIAN IN11 TERIM GOVERNING COUNCIL.—

12 (A) ORGANIZATION.—The adult members of 

13 the Native Hawaiian community listed on the 

14 roll published under this section may—

15 (i) develop criteria for candidates to be 

16 elected to serve on the Native Hawaiian In17 terim Governing Council; 

18 (ii) determine the structure of the 

19 Council; and 

20 (iii) elect members from individuals 

21 listed on the roll published under this sub22 section to the Council. 

23 (B) POWERS.—

24 (i) IN GENERAL.—The Council—
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1 (I) may represent those listed on 

2 the roll published under this section in 

3 the implementation of this Act; and 

4 (II) shall have no powers other 

5 than powers given to the Council under 

6 this Act. 

7 (ii) FUNDING.—The Council may enter 

8 into a contract with, or obtain a grant 

9 from, any Federal or State agency to carry 

10 out clause (iii). 

11 (iii) ACTIVITIES.—

12 (I) IN GENERAL.—The Council 

13 may conduct a referendum among the 

14 adult members of the Native Hawaiian 

15 community listed on the roll published 

16 under this subsection for the purpose of 

17 determining the proposed elements of 

18 the organic governing documents of the 

19 Native Hawaiian governing entity, in20 cluding but not limited to—

21 (aa) the proposed criteria for 

22 citizenship of the Native Hawai23 ian governing entity; 

24 (bb) the proposed powers and 

25 authorities to be exercised by the 
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1 Native Hawaiian governing enti2 ty, as well as the proposed privi3 leges and immunities of the Na4 tive Hawaiian governing entity; 

5 (cc) the proposed civil rights 

6 and protection of the rights of the 

7 citizens of the Native Hawaiian 

8 governing entity and all persons 

9 affected by the exercise of govern10 mental powers and authorities of 

11 the Native Hawaiian governing 

12 entity; and 

13 (dd) other issues determined 

14 appropriate by the Council. 

15 (II) DEVELOPMENT OF ORGANIC

16 GOVERNING DOCUMENTS.—Based on 

17 the referendum, the Council may de18 velop proposed organic governing docu19 ments for the Native Hawaiian gov20 erning entity. 

21 (III) DISTRIBUTION.—The Coun22 cil may distribute to all adult members 

23 of the Native Hawaiian community 

24 listed on the roll published under this 

25 subsection—
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1 (aa) a copy of the proposed 

2 organic governing documents, as 

3 drafted by the Council; and 

4 (bb) a brief impartial de5 scription of the proposed organic 

6 governing documents; 

7 (IV) ELECTIONS.—The Council 

8 may hold elections for the purpose of 

9 ratifying the proposed organic gov10 erning documents, and on certification 

11 of the organic governing documents by 

12 the Secretary in accordance with para13 graph (4), hold elections of the officers 

14 of the Native Hawaiian governing en15 tity pursuant to paragraph (5). 

16 (3) SUBMITTAL OF ORGANIC GOVERNING DOCU17 MENTS.—Following the reorganization of the Native 

18 Hawaiian governing entity and the adoption of or19 ganic governing documents, the Council shall submit 

20 the organic governing documents of the Native Ha21 waiian governing entity to the Secretary. 

22 (4) CERTIFICATIONS.—

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

24 future negotiations to be conducted under the au25 thority of section 8(b)(1), and the subsequent ac-
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1 tions by the Congress and the State of Hawaii 

2 to enact legislation to implement the agreements 

3 of the 3 governments, not later than 90 days 

4 after the date on which the Council submits the 

5 organic governing documents to the Secretary, 

6 the Secretary shall certify that the organic gov7 erning documents—

8 (i) establish the criteria for citizenship 

9 in the Native Hawaiian governing entity; 

10 (ii) were adopted by a majority vote of 

11 the adult members of the Native Hawaiian 

12 community whose names are listed on the 

13 roll published by the Secretary; 

14 (iii) provide authority for the Native 

15 Hawaiian governing entity to negotiate 

16 with Federal, State, and local governments, 

17 and other entities; 

18 (iv) provide for the exercise of govern19 mental authorities by the Native Hawaiian 

20 governing entity, including any authorities 

21 that may be delegated to the Native Hawai22 ian governing entity by the United States 

23 and the State of Hawaii following negotia24 tions authorized in section 8(b)(1) and the 
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1 enactment of legislation to implement the 

2 agreements of the 3 governments; 

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

4 or encumbrance of lands, interests in lands, 

5 or other assets of the Native Hawaiian gov6 erning entity without the consent of the Na7 tive Hawaiian governing entity; 

8 (vi) provide for the protection of the 

9 civil rights of the citizens of the Native Ha10 waiian governing entity and all persons af11 fected by the exercise of governmental pow12 ers and authorities by the Native Hawaiian 

13 governing entity; and 

14 (vii) are consistent with applicable 

15 Federal law and the special political and 

16 legal relationship between the United States 

17 and the indigenous, native people of the 

18 United States; provided that the provisions 

19 of Public Law 103–454, 25 U.S.C. 479a, 

20 shall not apply. 

21 (B) RESUBMISSION IN CASE OF NONCOMPLI22 ANCE WITH THE REQUIREMENTS OF SUBPARA23 GRAPH (a).—

24 (i) RESUBMISSION BY THE SEC25 RETARY.—If the Secretary determines that 
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1 the organic governing documents, or any 

2 part of the documents, do not meet all of the 

3 requirements set forth in subparagraph (A), 

4 the Secretary shall resubmit the organic 

5 governing documents to the Council, along 

6 with a justification for each of the Sec7 retary’s findings as to why the provisions 

8 are not in full compliance. 

9 (ii) AMENDMENT AND RESUBMISSION

10 OF ORGANIC GOVERNING DOCUMENTS.—If 

11 the organic governing documents are resub12 mitted to the Council by the Secretary 

13 under clause (i), the Council shall—

14 (I) amend the organic governing 

15 documents to ensure that the docu16 ments meet all the requirements set 

17 forth in subparagraph (A); and 

18 (II) resubmit the amended organic 

19 governing documents to the Secretary 

20 for certification in accordance with 

21 this paragraph. 

22 (C) CERTIFICATIONS DEEMED MADE.—The 

23 certifications under paragraph (4) shall be 

24 deemed to have been made if the Secretary has 

25 not acted within 90 days after the date on which 
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1 the Council has submitted the organic governing 

2 documents of the Native Hawaiian governing en3 tity to the Secretary. 

4 (5) ELECTIONS.—On completion of the certifi5 cations by the Secretary under paragraph (4), the 

6 Council may hold elections of the officers of the Native 

7 Hawaiian governing entity. 

8 (6) REAFFIRMATION.—Notwithstanding any 

9 other provision of law, upon the certifications re10 quired under paragraph (4) and the election of the of11 ficers of the Native Hawaiian governing entity, the 

12 political and legal relationship between the United 

13 States and the Native Hawaiian governing entity is 

14 hereby reaffirmed and the United States extends Fed15 eral recognition to the Native Hawaiian governing 

16 entity as the representative governing body of the Na17 tive Hawaiian people. 

18 SEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL AU19 THORITY; NEGOTIATIONS; CLAIMS. 

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

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

22 conditions of the indigenous, native people of Hawaii con23 tained in the Act entitled ‘‘An Act to provide for the admis24 sion of the State of Hawaii into the Union’’ approved 
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1 March 18, 1959 (Public Law 86–3, 73 Stat. 4), is re2 affirmed. 

3 (b) NEGOTIATIONS.—

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

5 political and legal relationship between the United 

6 States and the Native Hawaiian governing entity, the 

7 United States and the State of Hawaii may enter 

8 into negotiations with the Native Hawaiian gov9 erning entity designed to lead to an agreement ad10 dressing such matters as—

11 (A) the transfer of lands, natural resources, 

12 and other assets, and the protection of existing 

13 rights related to such lands or resources; 

14 (B) the exercise of governmental authority 

15 over any transferred lands, natural resources, 

16 and other assets, including land use; 

17 (C) the exercise of civil and criminal juris18 diction; 

19 (D) the delegation of governmental powers 

20 and authorities to the Native Hawaiian gov21 erning entity by the United States and the State 

22 of Hawaii; and 

23 (E) any residual responsibilities of the 

24 United States and the State of Hawaii. 
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1 (2) AMENDMENTS TO EXISTING LAWS.—Upon 

2 agreement on any matter or matters negotiated with 

3 the United States, the State of Hawaii, and the Na4 tive Hawaiian governing entity, the parties are au5 thorized to submit—

6 (A) to the Committee on Indian Affairs of 

7 the Senate, the Committee on Energy and Nat8 ural Resources of the Senate, and the Committee 

9 on Resources of the House of Representatives, 

10 recommendations for proposed amendments to 

11 Federal law that will enable the implementation 

12 of agreements reached between the 3 governments; 

13 and 

14 (B) to the Governor and the legislature of 

15 the State of Hawaii, recommendations for pro16 posed amendments to State law that will enable 

17 the implementation of agreements reached be18 tween the 3 governments. 

19 (c) CLAIMS.—

20 (1) IN GENERAL.—Nothing in this Act serves as 

21 a settlement of any claim against the United States. 

22 (2) STATUTE OF LIMITATIONS.—Any claim 

23 against the United States arising under Federal law 

24 that—
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1 (A) is in existence on the date of enactment 

2 of this Act; 

3 (B) is asserted by the Native Hawaiian gov4 erning entity on behalf of the Native Hawaiian 

5 people; and 

6 (C) relates to the legal and political rela7 tionship between the United States and the Na8 tive Hawaiian people; 

9 shall be brought in the court of jurisdiction over such 

10 claims not later than 20 years after the date on which 

11 Federal recognition is extended to the Native Hawai12 ian governing entity under section 7(c)(6). 

13 SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS. 

14 (a) INDIAN GAMING REGULATORY ACT.—Nothing in 

15 this Act shall be construed to authorize the Native Hawai16 ian governing entity to conduct gaming activities under the 

17 authority of the Indian Gaming Regulatory Act (25 U.S.C. 

18 2701 et seq.). 

19 (b) INDIAN PROGRAMS AND SERVICES.—Notwith20 standing section 7(c)(6), because of the eligibility of the Na21 tive Hawaiian governing entity and its citizens for Native 

22 Hawaiian programs and services in accordance with sub23 section (c), nothing in this Act provides an authorization 

24 for eligibility to participate in any Indian program or serv-
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1 ice to any individual or entity not otherwise eligible for 

2 the program or service under applicable Federal law. 

3 (c) NATIVE HAWAIIAN PROGRAMS AND SERVICES.—

4 The Native Hawaiian governing entity and its citizens 

5 shall be eligible for Native Hawaiian programs and services 

6 to the extent and in the manner provided by other applica7 ble laws. 

8 SEC. 10. SEVERABILITY. 

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

10 it is the intent of Congress that the remaining sections or 

11 provisions shall continue in full force and effect. 

12 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated such sums as 

14 are necessary to carry out this Act. 

Calendar No. 101

109TH CONGRESS 

1ST SESSION S. 147

[Report No. 109–68] 

A BILL

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 

MAY 16, 2005

Reported with an amendment