II 

109TH CONGRESS 

1ST SESSION S. 147 

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 and Mr. INOUYE) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Native Hawaiian Gov5 ernment Reorganization Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 
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1 (1) the Constitution vests Congress with the au2 thority to address the conditions of the indigenous, 

3 native people of the United States; 

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

5 Hawaiian archipelago that is now part of the United 

6 States, are indigenous, native people of the United 

7 States; 

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

9 legal responsibility to promote the welfare of the na10 tive people of the United States, including Native 

11 Hawaiians; 

12 (4) under the treaty making power of the 

13 United States, Congress exercised its constitutional 

14 authority to confirm treaties between the United 

15 States and the Kingdom of Hawaii, and from 1826 

16 until 1893, the United States— 

17 (A) recognized the sovereignty of the King18 dom of Hawaii; 

19 (B) accorded full diplomatic recognition to 

20 the Kingdom of Hawaii; and 

21 (C) entered into treaties and conventions 

22 with the Kingdom of Hawaii to govern com23 merce and navigation in 1826, 1842, 1849, 

24 1875, and 1887; 
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1 (5) pursuant to the Hawaiian Homes Commis2 sion Act, 1920 (42 Stat. 108, chapter 42), the 

3 United States set aside approximately 203,500 acres 

4 of land to address the conditions of Native Hawai5 ians in the Federal territory that later became the 

6 State of Hawaii; 

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

8 Native Hawaiian homesteads and farms, the Hawai9 ian Homes Commission Act assists the members of 

10 the Native Hawaiian community in maintaining dis11 tinct native settlements throughout the State of Ha12 waii; 

13 (7) approximately 6,800 Native Hawaiian fami14 lies reside on the Hawaiian Home Lands and ap15 proximately 18,000 Native Hawaiians who are eligi16 ble to reside on the Hawaiian Home Lands are on 

17 a waiting list to receive assignments of Hawaiian 

18 Home Lands; 

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

20 United States admitting Hawaii into the Union, 

21 Congress established a public trust (commonly 

22 known as the ‘‘ceded lands trust’’), for 5 purposes, 

23 1 of which is the betterment of the conditions of Na24 tive Hawaiians; 
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1 (B) the public trust consists of lands, including 

2 submerged lands, natural resources, and the reve3 nues derived from the lands; and 

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

5 been completely inventoried or segregated; 

6 (9) Native Hawaiians have continuously sought 

7 access to the ceded lands in order to establish and 

8 maintain native settlements and distinct native com9 munities throughout the State; 

10 (10) the Hawaiian Home Lands and other 

11 ceded lands provide an important foundation for the 

12 ability of the Native Hawaiian community to main13 tain the practice of Native Hawaiian culture, lan14 guage, and traditions, and for the survival and eco15 nomic self-sufficiency of the Native Hawaiian people; 

16 (11) Native Hawaiians continue to maintain 

17 other distinctly native areas in Hawaii; 

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

19 150 (107 Stat. 1510) (commonly known as the 

20 ‘‘Apology Resolution’’) was enacted into law, extend21 ing an apology on behalf of the United States to the 

22 native people of Hawaii for the United States’ role 

23 in the overthrow of the Kingdom of Hawaii; 

24 (13) the Apology Resolution acknowledges that 

25 the overthrow of the Kingdom of Hawaii occurred 
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1 with the active participation of agents and citizens 

2 of the United States and further acknowledges that 

3 the Native Hawaiian people never directly relin4 quished to the United States their claims to their in5 herent sovereignty as a people over their national 

6 lands, either through the Kingdom of Hawaii or 

7 through a plebiscite or referendum; 

8 (14) the Apology Resolution expresses the com9 mitment of Congress and the President— 

10 (A) to acknowledge the ramifications of the 

11 overthrow of the Kingdom of Hawaii; 

12 (B) to support reconciliation efforts be13 tween the United States and Native Hawaiians; 

14 and 

15 (C) to consult with Native Hawaiians on 

16 the reconciliation process as called for in the 

17 Apology Resolution; 

18 (15) despite the overthrow of the government of 

19 the Kingdom of Hawaii, Native Hawaiians have con20 tinued to maintain their separate identity as a dis21 tinct native community through cultural, social, and 

22 political institutions, and to give expression to their 

23 rights as native people to self-determination, self24 governance, and economic self-sufficiency; 
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1 (16) 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 (17) Native Hawaiians are actively engaged in 

5 Native Hawaiian cultural practices, traditional agri6 cultural methods, fishing and subsistence practices, 

7 maintenance of cultural use areas and sacred sites, 

8 protection of burial sites, and the exercise of their 

9 traditional rights to gather medicinal plants and 

10 herbs, and food sources; 

11 (18) 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 (19) 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 Native 

24 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 

5 has a special responsibility for the welfare of 

6 the native peoples of the United States, includ7 ing Native Hawaiians; 

8 (B) has identified Native Hawaiians as a 

9 distinct group of indigenous, native people of 

10 the United States within the scope of its au11 thority under the Constitution, and has enacted 

12 scores 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 (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 

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 authority to enforce the trust, including 

9 the exclusive right of the United States to con10 sent to any actions affecting the lands that 

11 comprise the corpus of the trust and any 

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

14 are enacted by the legislature of the State of 

15 Hawaii affecting the beneficiaries under the 

16 Act; 

17 (22) the United States has continually recog18 nized and reaffirmed that— 

19 (A) Native Hawaiians have a cultural, his20 toric, and land-based link to the aboriginal, in21 digenous, native people who exercised sov22 ereignty over the Hawaiian Islands; 

23 (B) Native Hawaiians have never relin24 quished their claims to sovereignty or their sov25 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 indigenous, native people of a once4 sovereign nation with whom the United States 

5 has 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 

10 of the United States; and 

11 (23) the State of Hawaii supports the reaffir12 mation of the political and legal relationship between 

13 the Native Hawaiian governing entity and the 

14 United States as evidenced by 2 unanimous resolu15 tions enacted by the Hawaii State Legislature in the 

16 2000 and 2001 sessions of the Legislature and by 

17 the testimony of the Governor of the State of Hawaii 

18 before the Committee on Indian Affairs of the Sen19 ate on February 25, 2003. 

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 be-
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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) ADULT MEMBER.—The term ‘‘adult mem5 ber’’ means a Native Hawaiian who has attained the 

6 age of 18 and who elects to participate in the reor7 ganization of the Native Hawaiian governing entity. 

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

10 Stat. 1510), a Joint Resolution extending an apol11 ogy to Native Hawaiians on behalf of the United 

12 States for the participation of agents of the United 

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

14 Kingdom of Hawaii. 

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

16 means the Commission established under section 

17 7(b) to provide for the certification that those adult 

18 members of the Native Hawaiian community listed 

19 on the roll meet the definition of Native Hawaiian 

20 set forth in paragraph (8). 

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

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

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

25 ‘‘indigenous, native people’’ means the lineal de-
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1 scendants of the aboriginal, indigenous, native peo2 ple of the United States. 

3 (7) INTERAGENCY COORDINATING GROUP.—The 

4 term ‘‘Interagency Coordinating Group’’ means the 

5 Native Hawaiian Interagency Coordinating Group 

6 established under section 6. 

7 (8) NATIVE HAWAIIAN.—For the purpose of es8 tablishing the roll authorized under section 7(c)(1) 

9 and before the reaffirmation of the political and 

10 legal relationship between the United States and the 

11 Native Hawaiian governing entity, the term ‘‘Native 

12 Hawaiian’’ means— 

13 (A) an individual who is one of the indige14 nous, native people of Hawaii and who is a di15 rect lineal descendant of the aboriginal, indige16 nous, native people who— 

17 (i) resided in the islands that now 

18 comprise the State of Hawaii on or before 

19 January 1, 1893; and 

20 (ii) occupied and exercised sovereignty 

21 in the Hawaiian archipelago, including the 

22 area that now constitutes the State of Ha23 waii; or 

24 (B) an individual who is one of the indige25 nous, native people of Hawaii and who was eli-
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1 gible in 1921 for the programs authorized by 

2 the Hawaiian Homes Commission Act (42 Stat. 

3 108, chapter 42) or a direct lineal descendant 

4 of that individual. 

5 (9) 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 (10) OFFICE.—The term ‘‘Office’’ means the 

10 United States Office for Native Hawaiian Relations 

11 established by section 5(a). 

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

13 means the Secretary of the Interior. 

14 SEC. 4. UNITED STATES POLICY AND PURPOSE. 

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

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

17 indigenous, native people with whom the United 

18 States has a special political and legal relationship; 

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

20 legal relationship with the Native Hawaiian people 

21 which includes promoting the welfare of Native Ha22 waiians; 

23 (3) Congress possesses the authority under the 

24 Constitution, including but not limited to Article I, 

25 section 8, clause 3, to enact legislation to address 
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1 the conditions of Native Hawaiians and has exer2 cised this authority through the enactment of— 

3 (A) the Hawaiian Homes Commission Act, 

4 1920 (42 Stat. 108, chapter 42); 

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

6 the admission of the State of Hawaii into the 

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

8 86–3, 73 Stat. 4); and 

9 (C) more than 150 other Federal laws ad10 dressing the conditions of Native Hawaiians; 

11 (4) Native Hawaiians have— 

12 (A) an inherent right to autonomy in their 

13 internal affairs; 

14 (B) an inherent right of self-determination 

15 and self-governance; 

16 (C) the right to reorganize a Native Ha17 waiian governing entity; and 

18 (D) the right to become economically self19 sufficient; and 

20 (5) the United States shall continue to engage 

21 in a process of reconciliation and political relations 

22 with the Native Hawaiian people. 

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

24 a process for the reorganization of the Native Hawaiian 

25 governing entity and the reaffirmation of the political and 
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1 legal relationship between the United States and the Na2 tive Hawaiian governing entity for purposes of continuing 

3 a government-to-government relationship. 

4 SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RE5 LATIONS. 

6 (a) ESTABLISHMENT.—There is established within 

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

8 Native Hawaiian Relations. 

9 (b) DUTIES.—The Office shall— 

10 (1) continue the process of reconciliation with 

11 the Native Hawaiian people in furtherance of the 

12 Apology Resolution; 

13 (2) upon the reaffirmation of the political and 

14 legal relationship between the Native Hawaiian gov15 erning entity and the United States, effectuate and 

16 coordinate the special political and legal relationship 

17 between the Native Hawaiian governing entity and 

18 the United States through the Secretary, and with 

19 all other Federal agencies; 

20 (3) fully integrate the principle and practice of 

21 meaningful, regular, and appropriate consultation 

22 with the Native Hawaiian governing entity by pro23 viding timely notice to, and consulting with, the Na24 tive Hawaiian people and the Native Hawaiian gov25 erning entity before taking any actions that may 
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1 have the potential to significantly affect Native Ha2 waiian resources, rights, or lands; 

3 (4) consult with the Interagency Coordinating 

4 Group, other Federal agencies, the Governor of the 

5 State of Hawaii and relevant agencies of the State 

6 of Hawaii on policies, practices, and proposed ac7 tions affecting Native Hawaiian resources, rights, or 

8 lands; and 

9 (5) prepare and submit to the Committee on 

10 Indian Affairs and the Committee on Energy and 

11 Natural Resources of the Senate and the Committee 

12 on Resources of the House of Representatives an an13 nual report detailing the activities of the Interagency 

14 Coordinating Group that are undertaken with re15 spect to the continuing process of reconciliation and 

16 to effect meaningful consultation with the Native 

17 Hawaiian governing entity and providing rec18 ommendations for any necessary changes to Federal 

19 law or regulations promulgated under the authority 

20 of Federal law. 

21 SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING 

22 GROUP. 

23 (a) ESTABLISHMENT.—In recognition that Federal 

24 programs authorized to address the conditions of Native 

25 Hawaiians are largely administered by Federal agencies 
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1 other than the Department of the Interior, there is estab2 lished an interagency coordinating group to be known as 

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

4 (b) COMPOSITION.—The Interagency Coordinating 

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

6 the President, from— 

7 (1) each Federal agency that administers Na8 tive Hawaiian programs, establishes or implements 

9 policies that affect Native Hawaiians, or whose ac10 tions may significantly or uniquely impact Native 

11 Hawaiian resources, rights, or lands; and 

12 (2) the Office. 

13 (c) LEAD AGENCY.— 

14 (1) IN GENERAL.—The Department of the Inte15 rior shall serve as the lead agency of the Interagency 

16 Coordinating Group. 

17 (2) MEETINGS.—The Secretary shall convene 

18 meetings of the Interagency Coordinating Group. 

19 (d) DUTIES.—The Interagency Coordinating Group 

20 shall— 

21 (1) coordinate Federal programs and policies 

22 that affect Native Hawaiians or actions by any agen23 cy or agencies of the Federal Government that may 

24 significantly or uniquely affect Native Hawaiian re25 sources, rights, or lands; 
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1 (2) ensure that each Federal agency develops a 

2 policy on consultation with the Native Hawaiian peo3 ple, and upon the reaffirmation of the political and 

4 legal relationship between the Native Hawaiian gov5 erning entity and the United States, consultation 

6 with the Native Hawaiian governing entity; and 

7 (3) ensure the participation of each Federal 

8 agency in the development of the report to Congress 

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

10 SEC. 7. PROCESS FOR THE REORGANIZATION OF THE NA11 TIVE HAWAIIAN GOVERNING ENTITY AND 

12 THE REAFFIRMATION OF THE POLITICAL 

13 AND LEGAL RELATIONSHIP BETWEEN THE 

14 UNITED STATES AND THE NATIVE HAWAIIAN 

15 GOVERNING ENTITY. 

16 (a) RECOGNITION OF THE NATIVE HAWAIIAN GOV17 ERNING ENTITY.—The right of the Native Hawaiian peo18 ple to reorganize the Native Hawaiian governing entity to 

19 provide for their common welfare and to adopt appropriate 

20 organic governing documents is recognized by the United 

21 States. 

22 (b) COMMISSION.— 

23 (1) IN GENERAL.—There is authorized to be es24 tablished a Commission to be composed of nine 

25 members for the purposes of— 
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1 (A) preparing and maintaining a roll of the 

2 adult members of the Native Hawaiian commu3 nity who elect to participate in the reorganiza4 tion of the Native Hawaiian governing entity; 

5 and 

6 (B) certifying that the adult members of 

7 the Native Hawaiian community proposed for 

8 inclusion on the roll meet the definition of Na9 tive Hawaiian in paragraph (8) of section 3. 

10 (2) MEMBERSHIP.— 

11 (A) APPOINTMENT.—Within 180 days of 

12 the date of enactment of this Act, the Secretary 

13 shall appoint the members of the Commission 

14 in accordance with subclause (B). Any vacancy 

15 on the Commission shall not affect its powers 

16 and shall be filled in the same manner as the 

17 original appointment. 

18 (B) REQUIREMENTS.—The members of the 

19 Commission shall be Native Hawaiian, as de20 fined in section 3(8), and shall have expertise in 

21 the determination of Native Hawaiian ancestry 

22 and lineal descendancy. 

23 (3) EXPENSES.—Each member of the Commis24 sion shall be allowed travel expenses, including per 

25 diem in lieu of subsistence, at rates authorized for 
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1 employees of agencies under subchapter I of chapter 

2 57 of title 5, United States Code, while away from 

3 their homes or regular places of business in the per4 formance of services for the Commission. 

5 (4) DUTIES.—The Commission shall— 

6 (A) prepare and maintain a roll of the 

7 adult members of the Native Hawaiian commu8 nity who elect to participate in the reorganiza9 tion of the Native Hawaiian governing entity; 

10 and 

11 (B) certify that each of the adult members 

12 of the Native Hawaiian community proposed for 

13 inclusion on the roll meets the definition of Na14 tive Hawaiian in section 3(8). 

15 (5) STAFF.— 

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

17 without regard to the civil service laws (includ18 ing regulations), appoint and terminate an exec19 utive director and such other additional per20 sonnel as are necessary to enable the Commis21 sion to perform the duties of the Commission. 

22 (B) COMPENSATION.— 

23 (i) IN GENERAL.—Except as provided 

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

25 compensation of the executive director and 
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1 other personnel without regard to the pro2 visions of chapter 51 and subchapter III of 

3 chapter 53 of title 5, United States Code, 

4 relating to classification of positions and 

5 General Schedule pay rates. 

6 (ii) MAXIMUM RATE OF PAY.—The 

7 rate of pay for the executive director and 

8 other personnel shall not exceed the rate 

9 payable for level V of the Executive Sched10 ule under section 5316 of title 5, United 

11 States Code. 

12 (6) DETAIL OF FEDERAL GOVERNMENT EM13 PLOYEES.— 

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

15 Federal Government may be detailed to the 

16 Commission without reimbursement. 

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

18 the employee shall be without interruption or 

19 loss of civil service status or privilege. 

20 (7) PROCUREMENT OF TEMPORARY AND INTER21 MITTENT SERVICES.—The Commission may procure 

22 temporary and intermittent services in accordance 

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

24 at rates for individuals that do not exceed the daily 

25 equivalent of the annual rate of basic pay prescribed 
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1 for level V of the Executive Schedule under section 

2 5316 of that title. 

3 (8) EXPIRATION.—The Secretary shall dissolve 

4 the Commission upon the reaffirmation of the polit5 ical and legal relationship between the Native Ha6 waiian governing entity and the United States. 

7 (c) PROCESS FOR THE REORGANIZATION OF THE NA8 TIVE HAWAIIAN GOVERNING ENTITY.— 

9 (1) ROLL.— 

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

11 names of the adult members of the Native Ha12 waiian community who elect to participate in 

13 the reorganization of the Native Hawaiian gov14 erning entity and are certified to be Native Ha15 waiian as defined in section 3(8) by the Com16 mission. 

17 (B) FORMATION OF ROLL.—Each adult 

18 member of the Native Hawaiian community 

19 who elects to participate in the reorganization 

20 of the Native Hawaiian governing entity shall 

21 submit to the Commission documentation in the 

22 form established by the Commission that is suf23 ficient to enable the Commission to determine 

24 whether the individual meets the definition of 

25 Native Hawaiian in section 3(8). 
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1 (C) DOCUMENTATION.—The Commission 

2 shall— 

3 (i) identify the types of documentation 

4 that may be submitted to the Commission 

5 that would enable the Commission to de6 termine whether an individual meets the 

7 definition of Native Hawaiian in section 

8 3(8); 

9 (ii) establish a standard format for 

10 the submission of documentation; and 

11 (iii) publish information related to 

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

13 (D) CONSULTATION.—In making deter14 minations that each of the adult members of 

15 the Native Hawaiian community proposed for 

16 inclusion on the roll meets the definition of Na17 tive Hawaiian in section 3(8), the Commission 

18 may consult with Native Hawaiian organiza19 tions, agencies of the State of Hawaii including 

20 but not limited to the Department of Hawaiian 

21 Home Lands, the Office of Hawaiian Affairs, 

22 and the State Department of Health, and other 

23 entities with expertise and experience in the de24 termination of Native Hawaiian ancestry and 

25 lineal descendancy. 
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1 (E) CERTIFICATION AND SUBMITTAL OF

2 ROLL TO SECRETARY.—The Commission 

3 shall— 

4 (i) submit the roll containing the 

5 names of the adult members of the Native 

6 Hawaiian community who meet the defini7 tion of Native Hawaiian in section 3(8) to 

8 the Secretary within two years from the 

9 date on which the Commission is fully 

10 composed; and 

11 (ii) certify to the Secretary that each 

12 of the adult members of the Native Hawai13 ian community proposed for inclusion on 

14 the roll meets the definition of Native Ha15 waiian in section 3(8). 

16 (F) PUBLICATION.—Upon certification by 

17 the Commission to the Secretary that those list18 ed on the roll meet the definition of Native Ha19 waiian in section 3(8), the Secretary shall pub20 lish the roll in the Federal Register. 

21 (G) APPEAL.—The Secretary may estab22 lish a mechanism for an appeal for any person 

23 whose name is excluded from the roll who 

24 claims to meet the definition of Native Hawai-
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1 ian in section 3(8) and to be 18 years of age 

2 or older. 

3 (H) PUBLICATION; UPDATE.—The Sec4 retary shall— 

5 (i) publish the roll regardless of 

6 whether appeals are pending; 

7 (ii) update the roll and the publication 

8 of the roll on the final disposition of any 

9 appeal; and 

10 (iii) update the roll to include any Na11 tive Hawaiian who has attained the age of 

12 18 and who has been certified by the Com13 mission as meeting the definition of Native 

14 Hawaiian in section 3(8) after the initial 

15 publication of the roll or after any subse16 quent publications of the roll. 

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

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

19 after the date on which the roll is submitted to 

20 the Secretary, the Commission shall publish the 

21 roll notwithstanding any order or directive 

22 issued by the Secretary or any other official of 

23 the Department of the Interior to the contrary. 

24 (J) EFFECT OF PUBLICATION.—The publi25 cation of the initial and updated roll shall serve 
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1 as the basis for the eligibility of adult members 

2 of the Native Hawaiian community whose 

3 names are listed on those rolls to participate in 

4 the reorganization of the Native Hawaiian gov5 erning entity. 

6 (2) ORGANIZATION OF THE NATIVE HAWAIIAN

7 INTERIM GOVERNING COUNCIL.— 

8 (A) ORGANIZATION.—The adult members 

9 of the Native Hawaiian community listed on the 

10 roll published under this section may— 

11 (i) develop criteria for candidates to 

12 be elected to serve on the Native Hawaiian 

13 Interim Governing Council; 

14 (ii) determine the structure of the 

15 Council; and 

16 (iii) elect members from individuals 

17 listed on the roll published under this sub18 section to the Council. 

19 (B) POWERS.— 

20 (i) IN GENERAL.—The Council— 

21 (I) may represent those listed on 

22 the roll published under this section in 

23 the implementation of this Act; and 
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1 (II) shall have no powers other 

2 than powers given to the Council 

3 under this Act. 

4 (ii) FUNDING.—The Council may 

5 enter into a contract with, or obtain a 

6 grant from, any Federal or State agency to 

7 carry out clause (iii). 

8 (iii) ACTIVITIES.— 

9 (I) IN GENERAL.—The Council 

10 may conduct a referendum among the 

11 adult members of the Native Hawai12 ian community listed on the roll pub13 lished under this subsection for the 

14 purpose of determining the proposed 

15 elements of the organic governing doc16 uments of the Native Hawaiian gov17 erning entity, including but not lim18 ited to— 

19 (aa) the proposed criteria 

20 for citizenship of the Native Ha21 waiian governing entity; 

22 (bb) the proposed powers 

23 and authorities to be exercised by 

24 the Native Hawaiian governing 

25 entity, as well as the proposed 
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1 privileges and immunities of the 

2 Native Hawaiian governing enti3 ty; 

4 (cc) the proposed civil rights 

5 and protection of the rights of 

6 the citizens of the Native Hawai7 ian governing entity and all per8 sons affected by the exercise of 

9 governmental powers and au10 thorities of the Native Hawaiian 

11 governing entity; and 

12 (dd) other issues determined 

13 appropriate by the Council. 

14 (II) DEVELOPMENT OF ORGANIC

15 GOVERNING DOCUMENTS.—Based on 

16 the referendum, the Council may de17 velop proposed organic governing doc18 uments for the Native Hawaiian gov19 erning entity. 

20 (III) DISTRIBUTION.—The Coun21 cil may distribute to all adult mem22 bers of the Native Hawaiian commu23 nity listed on the roll published under 

24 this 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 

12 by the Secretary in accordance with 

13 paragraph (4), hold elections of the 

14 officers of the Native Hawaiian gov15 erning entity pursuant to paragraph 

16 (5). 

17 (3) SUBMITTAL OF ORGANIC GOVERNING DOCU18 MENTS.—Following the reorganization of the Native 

19 Hawaiian governing entity and the adoption of or20 ganic governing documents, the Council shall submit 

21 the organic governing documents of the Native Ha22 waiian governing entity to the Secretary. 

23 (4) CERTIFICATIONS.— 

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

25 the future negotiations to be conducted under 
30 

•S 147 IS 

1 the authority of section 8(b)(1), and the subse2 quent actions by the Congress and the State of 

3 Hawaii to enact legislation to implement the 

4 agreements of the 3 governments, not later 

5 than 90 days after the date on which the Coun6 cil submits the organic governing documents to 

7 the Secretary, the Secretary shall certify that 

8 the organic governing documents— 

9 (i) establish the criteria for citizenship 

10 in the Native Hawaiian governing entity; 

11 (ii) were adopted by a majority vote of 

12 the adult members of the Native Hawaiian 

13 community whose names are listed on the 

14 roll published by the Secretary; 

15 (iii) provide authority for the Native 

16 Hawaiian governing entity to negotiate 

17 with Federal, State, and local govern18 ments, and other entities; 

19 (iv) provide for the exercise of govern20 mental authorities by the Native Hawaiian 

21 governing entity, including any authorities 

22 that may be delegated to the Native Ha23 waiian governing entity by the United 

24 States and the State of Hawaii following 

25 negotiations authorized in section 8(b)(1) 
31

•S 147 IS 

1 and the enactment of legislation to imple2 ment the agreements of the 3 governments; 

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

4 or encumbrance of lands, interests in 

5 lands, or other assets of the Native Hawai6 ian governing entity without the consent of 

7 the Native Hawaiian governing entity; 

8 (vi) provide for the protection of the 

9 civil rights of the citizens of the Native 

10 Hawaiian governing entity and all persons 

11 affected by the exercise of governmental 

12 powers and authorities by the Native Ha13 waiian governing entity; and 

14 (vii) are consistent with applicable 

15 Federal law and the special political and 

16 legal relationship between the United 

17 States and the indigenous, native people of 

18 the United States; provided that the provi19 sions of Public Law 103–454, 25 U.S.C. 

20 479a, shall not apply. 

21 (B) RESUBMISSION IN CASE OF NON22 COMPLIANCE WITH THE REQUIREMENTS OF

23 SUBPARAGRAPH (A).—

24 (i) RESUBMISSION BY THE SEC25 RETARY.—If the Secretary determines that 
32 

•S 147 IS 

1 the organic governing documents, or any 

2 part of the documents, do not meet all of 

3 the requirements set forth in subparagraph 

4 (A), the Secretary shall resubmit the or5 ganic governing documents to the Council, 

6 along with a justification for each of the 

7 Secretary’s findings as to why the provi8 sions are not in full compliance. 

9 (ii) AMENDMENT AND RESUBMISSION

10 OF ORGANIC GOVERNING DOCUMENTS.—If 

11 the organic governing documents are re12 submitted 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 or19 ganic governing documents to the Sec20 retary for certification in accordance 

21 with this paragraph. 

22 (C) CERTIFICATIONS DEEMED MADE.— 

23 The 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 
33 

•S 147 IS 

1 which the Council has submitted the organic 

2 governing documents of the Native Hawaiian 

3 governing entity 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 Na7 tive 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 

11 officers 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 

15 Federal recognition to the Native Hawaiian gov16 erning entity as the representative governing body of 

17 the Native 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 ad24 mission of the State of Hawaii into the Union’’ approved 
34 

•S 147 IS 

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 

5 the political and legal relationship between the 

6 United States and the Native Hawaiian governing 

7 entity, the United States and the State of Hawaii 

8 may enter into negotiations with the Native Hawai9 ian governing entity designed to lead to an agree10 ment addressing such matters as— 

11 (A) the transfer of lands, natural re12 sources, and other assets, and the protection of 

13 existing rights related to such lands or re14 sources; 

15 (B) the exercise of governmental authority 

16 over any transferred lands, natural resources, 

17 and other assets, including land use; 

18 (C) the exercise of civil and criminal juris19 diction; 

20 (D) the delegation of governmental powers 

21 and authorities to the Native Hawaiian gov22 erning entity by the United States and the 

23 State of Hawaii; and 

24 (E) any residual responsibilities of the 

25 United States and the State of Hawaii. 
35 

•S 147 IS 

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 Com9 mittee on Resources of the House of Represent10 atives, recommendations for proposed amend11 ments to Federal law that will enable the imple12 mentation of agreements reached between the 3 

13 governments; 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 

21 as a settlement of any claim against the United 

22 States. 

23 (2) STATUTE OF LIMITATIONS.—Any claim 

24 against the United States arising under Federal law 

25 that— 
36 

•S 147 IS 

1 (A) is in existence on the date of enact2 ment of this Act; 

3 (B) is asserted by the Native Hawaiian 

4 governing entity on behalf of the Native Hawai5 ian 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 

10 such claims not later than 20 years after the date 

11 on which Federal recognition is extended to the Na12 tive Hawaiian governing entity under section 

13 7(c)(6). 

14 SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS. 

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

16 this Act shall be construed to authorize the Native Hawai17 ian governing entity to conduct gaming activities under 

18 the authority of the Indian Gaming Regulatory Act (25 

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

20 (b) BUREAU OF INDIAN AFFAIRS.—Nothing con21 tained in this Act provides an authorization for eligibility 

22 to participate in any programs and services provided by 

23 the Bureau of Indian Affairs for any persons not otherwise 

24 eligible for the programs or services. 
37 

•S 147 IS 

1 SEC. 10. SEVERABILITY. 

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

3 it is the intent of Congress that the remaining sections 

4 or provisions shall continue in full force and effect. 

5 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

6 There are authorized to be appropriated such sums 

7 as are necessary to carry out this Act. 

Æ