I 

112TH CONGRESS 

1ST SESSION H. R. 1250 

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 HOUSE OF REPRESENTATIVES 

MARCH 30, 2011 

Ms. HIRONO (for herself, Ms. HANABUSA, Mr. YOUNG of Alaska, Mr. 

FALEOMAVAEGA, Ms. BORDALLO, Mr. COLE, Mrs. MALONEY, Mr. 

HONDA, Mr. KILDEE, Ms. DEGETTE, Mr. MCDERMOTT, Mr. FARR, Mr. 

STARK, Mr. COURTNEY, Mr. BOSWELL, Ms. MATSUI, Mr. HINCHEY, Mr. 

CARNAHAN, Mr. WALZ of Minnesota, Mr. PAYNE, Mr. SABLAN, Ms. 

WOOLSEY, Mr. KUCINICH, Mr. MCINTYRE, Ms. ROYBAL-ALLARD, and 

Mrs. NAPOLITANO) introduced the following bill; which was referred to 

the Committee on Natural Resources 

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 2011’’. 


emcdonald on DSKHWCL6B1PROD with BILLS
2 

•HR 1250 IH

1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) the Constitution vests Congress with the au4 thority to address the conditions of the indigenous, 

5 native people of the United States and the Supreme 

6 Court has held that under the Indian Commerce, 

7 Treaty, Supremacy, and Property Clauses, and the 

8 War Powers, Congress may exercise that power to 

9 rationally promote the welfare of the native peoples 

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

11 a ‘‘distinctly native community’’; 

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

13 Hawaiian archipelago that is now part of the United 

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

15 United States, and the Native Hawaiian people are 

16 a distinctly native community; 

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

18 legal relationship with, and has long enacted legisla19 tion to promote the welfare of, the native peoples of 

20 the United States, including the Native Hawaiian 

21 people; 

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

23 United States concluded a number of treaties with 

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

25 the United States— 


emcdonald on DSKHWCL6B1PROD with BILLS
3 

•HR 1250 IH

1 (A) recognized the sovereignty of the King2 dom of Hawaii as a nation; 

3 (B) accorded full diplomatic recognition to 

4 the Kingdom of Hawaii; and 

5 (C) entered into treaties and conventions 

6 of peace, friendship and commerce with the 

7 Kingdom of Hawaii to govern trade, commerce, 

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

9 1887; 

10 (5) pursuant to the Hawaiian Homes Commis11 sion Act, 1920 (42 Stat. 108, chapter 42), the 

12 United States set aside approximately 203,500 acres 

13 of land in trust to better address the conditions of 

14 Native Hawaiians in the Federal territory that later 

15 became the State of Hawaii and in enacting the Ha16 waiian Homes Commission Act, 1920, Congress ac17 knowledged the Native Hawaiian people as a native 

18 people of the United States, as evidenced by the 

19 Committee Report, which notes that Congress relied 

20 on the Indian affairs power and the War Powers, in21 cluding the power to make peace; 

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

23 trust for Native Hawaiian homesteads and farms, 

24 the Hawaiian Homes Commission Act, 1920, assists 

25 the members of the Native Hawaiian community in 


emcdonald on DSKHWCL6B1PROD with BILLS
4 

•HR 1250 IH

1 maintaining distinctly native communities through2 out the State of Hawaii; 

3 (7) approximately 9,800 Native Hawaiian fami4 lies reside on the Hawaiian Home Lands, and ap5 proximately 25,000 Native Hawaiians who are eligi6 ble to reside on the Hawaiian Home Lands are on 

7 a waiting list to receive assignments of Hawaiian 

8 Home Lands; 

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

10 United States admitting Hawaii into the Union, 

11 Congress delegated the authority and responsibility 

12 to administer the Hawaiian Homes Commission Act, 

13 1920, lands in trust for Native Hawaiians and es14 tablished a new public trust (commonly known as 

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

16 is the betterment of the conditions of Native Hawai17 ians, and Congress thereby reaffirmed its recogni18 tion of the Native Hawaiians as a distinctly native 

19 community with a direct lineal and historical succes20 sion to the aboriginal, indigenous people of Hawaii; 

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

22 submerged lands, natural resources, and the reve23 nues derived from the lands; and 

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

25 been completely inventoried or segregated; 


emcdonald on DSKHWCL6B1PROD with BILLS
5 

•HR 1250 IH

1 (9) Native Hawaiians have continuously sought 

2 access to the ceded lands in order to establish and 

3 maintain native settlements and distinct native com4 munities throughout the State; 

5 (10) the Hawaiian Home Lands and other 

6 ceded lands provide important native land reserves 

7 and resources for the Native Hawaiian community 

8 to maintain the practice of Native Hawaiian culture, 

9 language, and traditions, and for the continuity, sur10 vival, and economic self-sufficiency of the Native 

11 Hawaiian people as a distinctly native political com12 munity; 

13 (11) Native Hawaiians continue to maintain 

14 other distinctly native areas in Hawaii, including na15 tive lands that date back to the ali‘i and kuleana 

16 lands reserved under the Kingdom of Hawaii; 

17 (12) through the Sovereign Council of Hawaiian 

18 Homelands Assembly, Native Hawaiian civic associa19 tions, charitable trusts established by the Native Ha20 waiian ali‘i, nonprofit native service providers and 

21 other community associations, the Native Hawaiian 

22 people have actively maintained native traditions and 

23 customary usages throughout the Native Hawaiian 

24 community and the Federal and State courts have 

25 continuously recognized the right of the Native HaVerDate Mar 15 2010 23:06 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1250.IH H1250

emcdonald on DSKHWCL6B1PROD with BILLS
6 

•HR 1250 IH

1 waiian people to engage in certain customary prac2 tices and usages on public lands; 

3 (13) on November 23, 1993, Public Law 103– 

4 150 (107 Stat. 1510) (commonly known as the 

5 ‘‘Apology Resolution’’) was enacted into law, extend6 ing an apology on behalf of the United States to the 

7 native people of Hawaii for the United States role 

8 in the overthrow of the Kingdom of Hawaii; 

9 (14) the Apology Resolution acknowledges that 

10 the overthrow of the Kingdom of Hawaii occurred 

11 with the active participation of agents and citizens 

12 of the United States, and further acknowledges that 

13 the Native Hawaiian people never directly relin14 quished to the United States their claims to their in15 herent sovereignty as a people over their national 

16 lands, either through the Kingdom of Hawaii or 

17 through a plebiscite or referendum; 

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

19 commitment of Congress and the President— 

20 (i) to acknowledge the ramifications of the 

21 overthrow of the Kingdom of Hawaii; and 

22 (ii) to support reconciliation efforts be23 tween the United States and Native Hawaiians; 

24 (B) Congress established the Office of Hawai25 ian Relations within the Department of the Interior 


emcdonald on DSKHWCL6B1PROD with BILLS
7 

•HR 1250 IH

1 with 1 of its purposes being to consult with Native 

2 Hawaiians on the reconciliation process; and 

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

4 and reaffirm its friendship with the Native Hawaiian 

5 people because, among other things, the United 

6 States Minister and United States naval forces par7 ticipated in the overthrow of the Kingdom of Ha8 waii; 

9 (16)(A) despite the overthrow of the Govern10 ment of the Kingdom of Hawaii, Native Hawaiians 

11 have continued to maintain their separate identity as 

12 a single distinctly native political community 

13 through cultural, social, and political institutions, 

14 and to give expression to their rights as native peo15 ple to self-determination, self-governance, and eco16 nomic self-sufficiency; and 

17 (B) there is clear continuity between the ab18 original, indigenous, native people of the Kingdom of 

19 Hawaii and their successors, the Native Hawaiian 

20 people today; 

21 (17) Native Hawaiians have also given expres22 sion to their rights as native people to self-deter23 mination, self-governance, and economic self-suffi24 ciency— 


emcdonald on DSKHWCL6B1PROD with BILLS
8 

•HR 1250 IH

1 (A) through the provision of governmental 

2 services to Native Hawaiians, including the pro3 vision of— 

4 (i) health care services; 

5 (ii) educational programs; 

6 (iii) employment and training pro7 grams; 

8 (iv) economic development assistance 

9 programs; 

10 (v) children’s services; 

11 (vi) conservation programs; 

12 (vii) fish and wildlife protection; 

13 (viii) agricultural programs; 

14 (ix) native language immersion pro15 grams; 

16 (x) native language immersion schools 

17 from kindergarten through high school; 

18 (xi) college and master’s degree pro19 grams in native language immersion in20 struction; and 

21 (xii) traditional justice programs; and 

22 (B) by continuing their efforts to enhance 

23 Native Hawaiian self-determination and local 

24 control; 


emcdonald on DSKHWCL6B1PROD with BILLS
9 

•HR 1250 IH

1 (18) Native Hawaiian people are actively en2 gaged in Native Hawaiian cultural practices, tradi3 tional agricultural methods, fishing and subsistence 

4 practices, maintenance of cultural use areas and sa5 cred sites, protection of burial sites, and the exercise 

6 of their traditional rights to gather medicinal plants 

7 and herbs, and food sources; 

8 (19) the Native Hawaiian people wish to pre9 serve, develop, and transmit to future generations of 

10 Native Hawaiians their lands and Native Hawaiian 

11 political and cultural identity in accordance with 

12 their traditions, beliefs, customs and practices, lan13 guage, and social and political institutions, to con14 trol and manage their own lands, including ceded 

15 lands, and to achieve greater self-determination over 

16 their own affairs; 

17 (20) this Act provides a process within the 

18 framework of Federal law for the Native Hawaiian 

19 people to exercise their inherent rights as a distinct, 

20 indigenous, native community to reorganize a single 

21 unified Native Hawaiian governing entity for the 

22 purpose of giving expression to their rights as a na23 tive people to self-determination and self-governance; 

24 (21) Congress— 


emcdonald on DSKHWCL6B1PROD with BILLS
10 

•HR 1250 IH

1 (A) has declared that the United States 

2 has a special political and legal relationship for 

3 the welfare of the native peoples of the United 

4 States, including Native Hawaiians; 

5 (B) has identified Native Hawaiians as an 

6 indigenous, distinctly native people of the 

7 United States within the scope of its authority 

8 under the Constitution, and has enacted scores 

9 of statutes on their behalf; and 

10 (C) has delegated broad authority to the 

11 State of Hawaii to administer some of the 

12 United States responsibilities as they relate to 

13 the Native Hawaiian people and their lands; 

14 (22) the United States has recognized and re15 affirmed the special political and legal relationship 

16 with the Native Hawaiian people through the enact17 ment of the Act entitled, ‘‘An Act to provide for the 

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

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

20 Stat. 4), by— 

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

22 the public lands formerly held by the United 

23 States, and mandating that those lands be held 

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


emcdonald on DSKHWCL6B1PROD with BILLS
11 

•HR 1250 IH

1 for the betterment of the conditions of Native 

2 Hawaiians; and 

3 (B) transferring the United States respon4 sibility for the administration of the Hawaiian 

5 Home Lands to the State of Hawaii, but retain6 ing the exclusive right of the United States to 

7 consent to any actions affecting the lands in8 cluded in the trust and any amendments to the 

9 Hawaiian Homes Commission Act, 1920 (42 

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

11 legislature of the State of Hawaii affecting the 

12 beneficiaries under the Act; 

13 (23) the United States has continually recog14 nized and reaffirmed that— 

15 (A) Native Hawaiians have a direct genea16 logical, cultural, historic, and land-based con17 nection to their forebears, the aboriginal, indig18 enous, native people who exercised original sov19 ereignty over the Hawaiian Islands; 

20 (B) Native Hawaiians have never relin21 quished their claims to sovereignty or their sov22 ereign lands; 

23 (C) the United States extends services to 

24 Native Hawaiians because of their unique sta25 tus as the native people of a prior-sovereign naVerDate Mar 15 2010 23:06 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1250.IH H1250

emcdonald on DSKHWCL6B1PROD with BILLS
12 

•HR 1250 IH

1 tion with whom the United States has a special 

2 political and legal relationship; and 

3 (D) the special relationship of American 

4 Indians, Alaska Natives, and Native Hawaiians 

5 to the United States arises out of their status 

6 as aboriginal, indigenous, native people of the 

7 United States; and 

8 (24) the State of Hawaii supports the reaffir9 mation of the special political and legal relationship 

10 between the Native Hawaiian governing entity and 

11 the United States, as evidenced by 2 unanimous res12 olutions enacted by the Hawaii State Legislature in 

13 the 2000 and 2001 sessions of the Legislature and 

14 by the testimony of the Governor of the State of Ha15 waii before the Committee on Indian Affairs of the 

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

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

19 (1) ABORIGINAL, INDIGENOUS, NATIVE PEO20 PLE.—The term ‘‘aboriginal, indigenous, native peo21 ple’’ means a people whom Congress has recognized 

22 as the original inhabitants of the lands that later be23 came part of the United States and who exercised 

24 sovereignty in the areas that later became part of 

25 the United States. 


emcdonald on DSKHWCL6B1PROD with BILLS
13 

•HR 1250 IH

1 (2) APOLOGY RESOLUTION.—The term ‘‘Apol2 ogy Resolution’’ means Public Law 103–150 (107 

3 Stat. 1510), a Joint Resolution extending an apol4 ogy to Native Hawaiians on behalf of the United 

5 States for the participation of agents of the United 

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

7 Kingdom of Hawaii. 

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

9 means the Commission established under section 

10 8(b). 

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

12 Native Hawaiian Interim Governing Council estab13 lished under section 8(c)(2). 

14 (5) INDIAN PROGRAM OR SERVICE.— 

15 (A) IN GENERAL.—The term ‘‘Indian pro16 gram or service’’ means any federally funded or 

17 authorized program or service provided to an 

18 Indian tribe (or member of an Indian tribe) be19 cause of the status of the members of the In20 dian tribe as Indians. 

21 (B) INCLUSIONS.—The term ‘‘Indian pro22 gram or service’’ includes a program or service 

23 provided by the Bureau of Indian Affairs, the 

24 Indian Health Service, or any other Federal 

25 agency. 


emcdonald on DSKHWCL6B1PROD with BILLS
14 

•HR 1250 IH

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

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

3 Indian Self-Determination and Education Assistance 

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

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

6 ‘‘indigenous, native people’’ means the lineal de7 scendants of the aboriginal, indigenous, native peo8 ple of the United States. 

9 (8) INTERAGENCY COORDINATING GROUP.—The 

10 term ‘‘Interagency Coordinating Group’’ means the 

11 Native Hawaiian Interagency Coordinating Group 

12 established under section 6. 

13 (9) NATIVE HAWAIIAN GOVERNING ENTITY.— 

14 The term ‘‘Native Hawaiian governing entity’’ 

15 means the governing entity organized pursuant to 

16 this Act by the qualified Native Hawaiian constitu17 ents. 

18 (10) NATIVE HAWAIIAN MEMBERSHIP ORGANI19 ZATION.—The term ‘‘Native Hawaiian Membership 

20 Organization’’ means an organization that— 

21 (A) serves and represents the interests of 

22 Native Hawaiians, has as a primary and stated 

23 purpose the provision of services to Native Ha24 waiians, and has expertise in Native Hawaiian 

25 affairs; 


emcdonald on DSKHWCL6B1PROD with BILLS
15 

•HR 1250 IH

1 (B) has leaders who are elected democrat2 ically, or selected through traditional Native 

3 leadership practices, by members of the Native 

4 Hawaiian community; 

5 (C) advances the cause of Native Hawai6 ians culturally, socially, economically, or politi7 cally; 

8 (D) is a membership organization or asso9 ciation; and 

10 (E) has an accurate and reliable list of Na11 tive Hawaiian members. 

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

13 United States Office for Native Hawaiian Relations 

14 established by section 5(a). 

15 (12) QUALIFIED NATIVE HAWAIIAN CON16 STITUENT.—For the purposes of establishing the 

17 roll authorized under section 8, and prior to the rec18 ognition by the United States of the Native Hawai19 ian governing entity, the term ‘‘qualified Native Ha20 waiian constituent’’ means an individual who the 

21 Commission determines has satisfied the following 

22 criteria and who makes a written statement certi23 fying that he or she— 

24 (A) is— 


emcdonald on DSKHWCL6B1PROD with BILLS
16 

•HR 1250 IH

1 (i) an individual who is 1 of the indig2 enous, native people of Hawaii and who is 

3 a direct lineal descendant of the aboriginal, 

4 indigenous, native people who— 

5 (I) resided in the islands that 

6 now comprise the State of Hawaii on 

7 or before January 1, 1893; and 

8 (II) occupied and exercised sov9 ereignty in the Hawaiian archipelago, 

10 including the area that now con11 stitutes the State of Hawaii; or 

12 (ii) an individual who is 1 of the in13 digenous, native people of Hawaii and who 

14 was eligible in 1921 for the programs au15 thorized by the Hawaiian Homes Commis16 sion Act, 1920 (42 Stat. 108, chapter 42), 

17 or a direct lineal descendant of that indi18 vidual; 

19 (B) wishes to participate in the reorganiza20 tion of the Native Hawaiian governing entity; 

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

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

23 (E) maintains a significant cultural, social, 

24 or civic connection to the Native Hawaiian comVerDate Mar 15 2010 23:06 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1250.IH H1250

emcdonald on DSKHWCL6B1PROD with BILLS
17 

•HR 1250 IH

1 munity, as evidenced by satisfying 2 or more of 

2 the following 10 criteria: 

3 (i) Resides in the State of Hawaii. 

4 (ii) Resides outside the State of Ha5 waii and— 

6 (I)(aa) currently serves or served 

7 as (or has a parent or spouse who 

8 currently serves or served as) a mem9 ber of the Armed Forces or as an em10 ployee of the Federal Government; 

11 and 

12 (bb) resided in the State of Ha13 waii prior to the time he or she (or 

14 such parent or spouse) left the State 

15 of Hawaii to serve as a member of the 

16 Armed Forces or as an employee of 

17 the Federal Government; or 

18 (II)(aa) currently is or was en19 rolled (or has a parent or spouse who 

20 currently is or was enrolled) in an ac21 credited institution of higher edu22 cation outside the State of Hawaii; 

23 and 

24 (bb) resided in the State of Ha25 waii prior to the time he or she (or 


emcdonald on DSKHWCL6B1PROD with BILLS
18 

•HR 1250 IH

1 such parent or spouse) left the State 

2 of Hawaii to attend such institution. 

3 (iii)(I) Is or was eligible to be a bene4 ficiary of the programs authorized by the 

5 Hawaiian Homes Commission Act, 1920 

6 (42 Stat. 108, chapter 42), and resides or 

7 resided on land set aside as ‘‘Hawaiian 

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

9 (II) Is a child or grandchild of an in10 dividual who is or was eligible to be a ben11 eficiary of the programs authorized by 

12 such Act and who resides or resided on 

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

14 as defined in such Act. 

15 (iv) Is or was eligible to be a bene16 ficiary of the programs authorized by the 

17 Hawaiian Homes Commission Act, 1920 

18 (42 Stat. 108, chapter 42). 

19 (v) Is a child or grandchild of an indi20 vidual who is or was eligible to be a bene21 ficiary of the programs authorized by the 

22 Hawaiian Homes Commission Act, 1920 

23 (42 Stat. 108, chapter 42). 

24 (vi) Resides on or has an ownership 

25 interest in, or has a parent or grandparent 


emcdonald on DSKHWCL6B1PROD with BILLS
19 

•HR 1250 IH

1 who resides on or has an ownership inter2 est in, ‘‘kuleana land’’ that is owned in 

3 whole or in part by a person who, accord4 ing to a genealogy verification by the Of5 fice of Hawaiian Affairs or by court order, 

6 is a lineal descendant of the person or per7 sons who received the original title to such 

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

9 to native tenants pursuant to Haw. L. 

10 1850, p. 202, entitled ‘‘An Act Confirming 

11 Certain Resolutions of the King and Privy 

12 Council Passed on the 21st day of Decem13 ber, A.D. 1849, Granting to the Common 

14 People Allodial Titles for Their Own Lands 

15 and House Lots, and Certain Other Privi16 leges’’, as amended by Haw. L. 1851, p. 

17 98, entitled ‘‘An Act to Amend An Act 

18 Granting to the Common People Allodial 

19 Titles for Their Own Lands and House 

20 Lots, and Certain Other Privileges’’ and as 

21 further amended by any subsequent legis22 lation. 

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

24 of, an individual who has been or was a 

25 student for at least 1 school year at a 


emcdonald on DSKHWCL6B1PROD with BILLS
20 

•HR 1250 IH

1 school or program taught through the me2 dium of the Hawaiian language under sec3 tion 302H–6, Hawaii Revised Statutes, or 

4 at a school founded and operated primarily 

5 or exclusively for the benefit of Native Ha6 waiians. 

7 (viii) Has been a member since Sep8 tember 30, 2009, of at least 1 Native Ha9 waiian Membership Organization. 

10 (ix) Has been a member since Sep11 tember 30, 2009, of at least 2 Native Ha12 waiian Membership Organizations. 

13 (x) Is regarded as a Native Hawaiian 

14 and whose mother or father is (or if de15 ceased, was) regarded as Native Hawaiian 

16 by the Native Hawaiian community, as evi17 denced by sworn affidavits from two or 

18 more qualified Native Hawaiian constitu19 ents certified by the Commission as pos20 sessing expertise in the social, cultural, 

21 and civic affairs of the Native Hawaiian 

22 community. 

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

24 means the Secretary of the Interior. 


emcdonald on DSKHWCL6B1PROD with BILLS
21 

•HR 1250 IH

1 (14) SPECIAL POLITICAL AND LEGAL RELA2 TIONSHIP.—The term ‘‘special political and legal re3 lationship’’ shall refer, except where differences are 

4 specifically indicated elsewhere in the Act, to the 

5 type of and nature of relationship the United States 

6 has with the several federally recognized Indian 

7 tribes. 

8 SEC. 4. UNITED STATES POLICY AND PURPOSE. 

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

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

11 indigenous, native people with whom the United 

12 States has a special political and legal relationship; 

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

14 legal relationship with the Native Hawaiian people, 

15 which includes promoting the welfare of Native Ha16 waiians; 

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

18 the authority under the Constitution, including but 

19 not limited to article I, section 8, clause 3, to enact 

20 legislation to better the conditions of Native Hawai21 ians and has exercised this authority through the en22 actment of— 

23 (i) the Hawaiian Homes Commission Act, 

24 1920 (42 Stat. 108, chapter 42); 


emcdonald on DSKHWCL6B1PROD with BILLS
22 

•HR 1250 IH

1 (ii) the Act entitled ‘‘An Act to provide for 

2 the admission of the State of Hawaii into the 

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

4 86–3; 73 Stat. 4); and 

5 (iii) more than 150 other Federal laws ad6 dressing the conditions of Native Hawaiians; 

7 (B) other sources of authority under the Con8 stitution for legislation on behalf of the indigenous, 

9 native peoples of the United States, including Native 

10 Hawaiians, include but are not limited to the Prop11 erty, Treaty, and Supremacy Clauses, War Powers, 

12 and the Fourteenth Amendment, and Congress here13 by relies on those powers in enacting this legislation; 

14 and 

15 (C) the Constitution’s original Apportionment 

16 Clause and the 14th Amendment Citizenship and 

17 amended Apportionment Clauses also acknowledge 

18 the propriety of legislation on behalf of the native 

19 peoples of the United States, including Native Ha20 waiians; 

21 (4) Native Hawaiians have— 

22 (A) an inherent right to autonomy in their 

23 internal affairs; 

24 (B) an inherent right of self-determination 

25 and self-governance; 


emcdonald on DSKHWCL6B1PROD with BILLS
23 

•HR 1250 IH

1 (C) the right to reorganize a Native Ha2 waiian governing entity; and 

3 (D) the right to become economically self4 sufficient; and 

5 (5) the United States shall continue to engage 

6 in a process of reconciliation and political relations 

7 with the Native Hawaiian people. 

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

9 a process for the reorganization of the single Native Ha10 waiian governing entity and the reaffirmation of the spe11 cial political and legal relationship between the United 

12 States and that Native Hawaiian governing entity for pur13 poses of continuing a government-to-government relation14 ship. 

15 SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RE16 LATIONS. 

17 (a) ESTABLISHMENT.—There is established within 

18 the Office of the Secretary the United States Office for 

19 Native Hawaiian Relations. 

20 (b) DUTIES.—The Office shall— 

21 (1) continue the process of reconciliation with 

22 the Native Hawaiian people in furtherance of the 

23 Apology Resolution; 

24 (2) upon the reaffirmation of the government25 to-government relationship between the single Native 


emcdonald on DSKHWCL6B1PROD with BILLS
24 

•HR 1250 IH

1 Hawaiian governing entity and the United States, 

2 effectuate and coordinate the special political and 

3 legal relationship between the Native Hawaiian gov4 erning entity and the United States through the 

5 Secretary, and with all other Federal agencies; 

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

7 the Native Hawaiian governing entity before taking 

8 any actions that may have the potential to signifi9 cantly affect Native Hawaiian resources, rights, or 

10 lands; 

11 (4) work with the Interagency Coordinating 

12 Group, other Federal agencies, and the State of Ha13 waii on policies, practices, and proposed actions af14 fecting Native Hawaiian resources, rights, or lands; 

15 and 

16 (5) prepare and submit to the Committee on 

17 Indian Affairs and the Committee on Energy and 

18 Natural Resources of the Senate and the Committee 

19 on Natural Resources of the House of Representa20 tives an annual report detailing the activities of the 

21 Interagency Coordinating Group that are under22 taken with respect to the continuing process of rec23 onciliation and to effect meaningful consultation 

24 with the Native Hawaiian governing entity and may 

25 provide recommendations for any necessary changes 


emcdonald on DSKHWCL6B1PROD with BILLS
25 

•HR 1250 IH

1 to Federal law or regulations promulgated under the 

2 authority of Federal law. 

3 (c) APPLICABILITY TO DEPARTMENT OF DE4 FENSE.—This section shall have no applicability to the 

5 Department of Defense or to any agency or component 

6 of the Department of Defense, but the Secretary of De7 fense may designate 1 or more officials as liaison to the 

8 Office. 

9 SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING 

10 GROUP. 

11 (a) ESTABLISHMENT.—In recognition that Federal 

12 programs authorized to address the conditions of Native 

13 Hawaiians are largely administered by Federal agencies 

14 other than the Department of the Interior, there is estab15 lished an interagency coordinating group, to be known as 

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

17 (b) COMPOSITION.—The Interagency Coordinating 

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

19 the President, from— 

20 (1) each Federal agency whose actions may sig21 nificantly or uniquely impact Native Hawaiian pro22 grams, resources, rights, or lands; and 

23 (2) the Office. 

24 (c) LEAD AGENCY.— 


emcdonald on DSKHWCL6B1PROD with BILLS
26 

•HR 1250 IH

1 (1) IN GENERAL.—The Department of the Inte2 rior and the White House Office of Intergovern3 mental Affairs shall serve as the leaders of the 

4 Interagency Coordinating Group. 

5 (2) MEETINGS.—The Secretary shall convene 

6 meetings of the Interagency Coordinating Group. 

7 (d) DUTIES.—The Interagency Coordinating Group 

8 shall— 

9 (1) coordinate Federal programs and policies 

10 that affect Native Hawaiians or actions by any agen11 cy or agencies of the Federal Government that may 

12 significantly or uniquely affect Native Hawaiian re13 sources, rights, or lands; 

14 (2) consult with the Native Hawaiian governing 

15 entity, through the coordination referred to in para16 graph (1), but the consultation obligation established 

17 in this provision shall apply only after the satisfac18 tion of all of the conditions referred to in section 

19 8(c)(8); and 

20 (3) ensure the participation of each Federal 

21 agency in the development of the report to Congress 

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

23 (e) APPLICABILITY TO DEPARTMENT OF DE24 FENSE.—This section shall have no applicability to the 

25 Department of Defense or to any agency or component 


emcdonald on DSKHWCL6B1PROD with BILLS
27 

•HR 1250 IH

1 of the Department of Defense, but the Secretary of De2 fense may designate 1 or more officials as liaison to the 

3 Interagency Coordinating Group. 

4 SEC. 7. DESIGNATION OF DEPARTMENT OF JUSTICE REP5 RESENTATIVE. 

6 The Attorney General shall designate an appropriate 

7 official within the Department of Justice to assist the Of8 fice in the implementation and protection of the rights of 

9 Native Hawaiians and their political and legal relationship 

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

11 Native Hawaiian governing entity as provided for in sec12 tion 8, in the implementation and protection of the rights 

13 of the Native Hawaiian governing entity and its political 

14 and legal relationship with the United States. 

15 SEC. 8. PROCESS FOR REORGANIZATION OF NATIVE HA16 WAIIAN GOVERNING ENTITY AND REAFFIR17 MATION OF SPECIAL POLITICAL AND LEGAL 

18 RELATIONSHIP BETWEEN UNITED STATES 

19 AND NATIVE HAWAIIAN GOVERNING ENTITY. 

20 (a) RECOGNITION OF NATIVE HAWAIIAN GOVERNING

21 ENTITY.—The right of the qualified Native Hawaiian con22 stituents to reorganize the single Native Hawaiian gov23 erning entity to provide for their common welfare and to 

24 adopt appropriate organic governing documents is recog25 nized by the United States. 


emcdonald on DSKHWCL6B1PROD with BILLS
28 

•HR 1250 IH

1 (b) COMMISSION.— 

2 (1) IN GENERAL.—There is authorized to be es3 tablished a Commission to be composed of 9 mem4 bers for the purposes of— 

5 (A) preparing and maintaining a roll of 

6 qualified Native Hawaiian constituents; and 

7 (B) certifying that the individuals on the 

8 roll of qualified Native Hawaiian constituents 

9 meet the definition of qualified Native Hawai10 ian constituent set forth in section 3. 

11 (2) MEMBERSHIP.— 

12 (A) APPOINTMENT.— 

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

14 days after the date of enactment of this 

15 Act, the Secretary shall appoint the mem16 bers of the Commission in accordance with 

17 subparagraph (B). 

18 (ii) CONSIDERATION.—In making an 

19 appointment under clause (i), the Sec20 retary may take into consideration a rec21 ommendation made by any Native Hawai22 ian Membership Organization. 

23 (B) REQUIREMENTS.—Each member of 

24 the Commission shall demonstrate, as deter25 mined by the Secretary— 


emcdonald on DSKHWCL6B1PROD with BILLS
29 

•HR 1250 IH

1 (i) not less than 10 years of experi2 ence in the study and determination of Na3 tive Hawaiian genealogy (traditional cul4 tural experience shall be given due consid5 eration); and 

6 (ii) an ability to read and translate 

7 into English documents written in the Ha8 waiian language. 

9 (C) VACANCIES.—A vacancy on the Com10 mission— 

11 (i) shall not affect the powers of the 

12 Commission; and 

13 (ii) shall be filled in the same manner 

14 as the original appointment. 

15 (3) EXPENSES.—Each member of the Commis16 sion shall be allowed travel expenses, including per 

17 diem in lieu of subsistence, at rates authorized for 

18 employees of agencies under subchapter I of chapter 

19 57 of title 5, United States Code, while away from 

20 their homes or regular places of business in the per21 formance of services for the Commission. 

22 (4) DUTIES.—The Commission shall— 

23 (A) prepare and maintain a roll of quali24 fied Native Hawaiian constituents as set forth 

25 in subsection (c); and 


emcdonald on DSKHWCL6B1PROD with BILLS
30 

•HR 1250 IH

1 (B) certify that the individuals on the roll 

2 of qualified Native Hawaiian constituents meet 

3 the definition of that term as set forth in sec4 tion 3. 

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 SchedVerDate Mar 15 2010 23:06 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H1250.IH H1250

emcdonald on DSKHWCL6B1PROD with BILLS
31 

•HR 1250 IH

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 spe21 cial political and legal relationship between the Na22 tive Hawaiian governing entity and the United 

23 States. 

24 (c) PROCESS FOR REORGANIZATION OF NATIVE HA25 WAIIAN GOVERNING ENTITY.— 


emcdonald on DSKHWCL6B1PROD with BILLS
32 

•HR 1250 IH

1 (1) ROLL.— 

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

3 names of the qualified Native Hawaiian con4 stituents who are certified by the Commission 

5 to be qualified Native Hawaiian constituents, as 

6 defined in section 3. 

7 (B) FORMATION OF ROLL.—Each indi8 vidual claiming to be a qualified Native Hawai9 ian constituent shall submit to the Commission 

10 documentation in the form established by the 

11 Commission that is sufficient to enable the 

12 Commission to determine whether the individual 

13 meets the definition set forth in section 3; Pro14 vided, That an individual presenting evidence 

15 that he or she satisfies the definition in section 

16 2 of Public Law 103–150 shall be presumed to 

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

18 (C) DOCUMENTATION.—The Commission 

19 shall— 

20 (i)(I) identify the types of documenta21 tion that may be submitted to the Commis22 sion that would enable the Commission to 

23 determine whether an individual meets the 

24 definition of qualified Native Hawaiian 

25 constituent set forth in section 3; 


emcdonald on DSKHWCL6B1PROD with BILLS
33 

•HR 1250 IH

1 (II) recognize an individual’s identi2 fication of lineal ancestors on the 1890 

3 Census by the Kingdom of Hawaii as a re4 liable indicia of lineal descent from the ab5 original, indigenous, native people who re6 sided in the islands that now comprise the 

7 State of Hawaii on or before January 1, 

8 1893; and 

9 (III) permit elderly Native Hawaiians 

10 and other Native Hawaiians lacking birth 

11 certificates or other documentation due to 

12 birth on Hawaiian Home Lands or other 

13 similar circumstances to establish lineal de14 scent by sworn affidavits from 2 or more 

15 qualified Native Hawaiian constituents; 

16 (ii) establish a standard format for 

17 the submission of documentation and a 

18 process to ensure veracity; and 

19 (iii) publish information related to 

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

21 (D) CONSULTATION.—In making deter22 minations that each individual proposed for in23 clusion on the roll of qualified Native Hawaiian 

24 constituents meets the definition of qualified 

25 Native Hawaiian constituent in section 3, the 


emcdonald on DSKHWCL6B1PROD with BILLS
34 

•HR 1250 IH

1 Commission may consult with Native Hawaiian 

2 Membership Organizations, agencies of the 

3 State of Hawaii including but not limited to the 

4 Department of Hawaiian Home Lands, the Of5 fice of Hawaiian Affairs, and the State Depart6 ment of Health, and other entities with exper7 tise and experience in the determination of Na8 tive Hawaiian ancestry and lineal descendancy. 

9 (E) NOTIFICATION.—The Commission 

10 shall— 

11 (i) inform an individual whether they 

12 have been deemed by the Commission a 

13 qualified Native Hawaiian constituent; and 

14 (ii) inform an individual of a right to 

15 appeal the decision if deemed not to be a 

16 qualified Native Hawaiian constituent. 

17 (F) CERTIFICATION AND SUBMITTAL OF

18 ROLL TO SECRETARY.—The Commission 

19 shall— 

20 (i) submit the roll containing the 

21 names of those individuals who meet the 

22 definition of qualified Native Hawaiian 

23 constituent in section 3 to the Secretary 

24 within 2 years from the date on which the 

25 Commission is fully composed; and 


emcdonald on DSKHWCL6B1PROD with BILLS
35 

•HR 1250 IH

1 (ii) certify to the Secretary that each 

2 of the qualified Native Hawaiian constitu3 ents proposed for inclusion on the roll 

4 meets the definition set forth in section 3. 

5 (G) PUBLICATION.—Upon certification by 

6 the Commission to the Secretary that those list7 ed on the roll meet the definition of qualified 

8 Native Hawaiian constituent set forth in section 

9 3, the Commission shall publish the notice of 

10 the certification of the roll in the Federal Reg11 ister, notwithstanding pending appeals pursuant 

12 to subparagraph (H). 

13 (H) APPEAL.—The Secretary, in consulta14 tion with the Commission, shall establish a 

15 mechanism for an administrative appeal for any 

16 person whose name is excluded from the roll 

17 who claims to meet the definition of qualified 

18 Native Hawaiian constituent in section 3. 

19 (I) PUBLICATION; UPDATE.—The Commis20 sion shall— 

21 (i) publish the notice of the certifi22 cation of the roll regardless of whether ap23 peals are pending; 


emcdonald on DSKHWCL6B1PROD with BILLS
36 

•HR 1250 IH

1 (ii) update the roll and provide notice 

2 of the updated roll on the final disposition 

3 of any appeal; 

4 (iii) update the roll to include any 

5 person who has been certified by the Com6 mission as meeting the definition of quali7 fied Native Hawaiian constituent in section 

8 3 after the initial publication of the roll or 

9 after any subsequent publications of the 

10 roll; and 

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

12 updated rolls to the Council. 

13 (J) EFFECT OF PUBLICATION.—The publi14 cation of the initial and updated roll shall serve 

15 as the basis for the eligibility of qualified Na16 tive Hawaiian constituents whose names are 

17 listed on those rolls to participate in the reorga18 nization of the Native Hawaiian governing enti19 ty. 

20 (2) ORGANIZATION OF COUNCIL.— 

21 (A) ORGANIZATION.—The Commission, in 

22 consultation with the Secretary, shall hold a 

23 minimum of 3 meetings and each meeting shall 

24 be at least 2 working days of the qualified NaVerDate Mar 15 2010 23:06 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H1250.IH H1250

emcdonald on DSKHWCL6B1PROD with BILLS
37 

•HR 1250 IH

1 tive Hawaiian constituents listed on the roll es2 tablished under this section— 

3 (i) to develop criteria for candidates 

4 to be elected to serve on the Council; 

5 (ii) to determine the structure of the 

6 Council, including the number of Council 

7 members; and 

8 (iii) to elect members from individuals 

9 listed on the roll established under this 

10 subsection to the Council. 

11 (B) POWERS.— 

12 (i) IN GENERAL.—The Council— 

13 (I) shall represent those listed on 

14 the roll established under this section 

15 in the implementation of this Act; and 

16 (II) shall have no powers other 

17 than powers given to the Council 

18 under this Act. 

19 (ii) FUNDING.—The Council may 

20 enter into a contract with, or obtain a 

21 grant from, any Federal or State agency to 

22 carry out clause (iii). 

23 (iii) ACTIVITIES.— 

24 (I) IN GENERAL.—The Council 

25 shall conduct, among the qualified 


emcdonald on DSKHWCL6B1PROD with BILLS
38 

•HR 1250 IH

1 Native Hawaiian constituents listed 

2 on the roll established under this sub3 section, a referendum for the purpose 

4 of determining the proposed elements 

5 of the organic governing documents of 

6 the Native Hawaiian governing entity, 

7 including but not limited to— 

8 (aa) the proposed criteria 

9 for future membership in the Na10 tive Hawaiian governing entity; 

11 (bb) the proposed powers 

12 and authorities to be exercised by 

13 the Native Hawaiian governing 

14 entity, as well as the proposed 

15 privileges and immunities of the 

16 Native Hawaiian governing enti17 ty; 

18 (cc) the proposed civil rights 

19 and protection of the rights of 

20 the citizens of the Native Hawai21 ian governing entity and all per22 sons affected by the exercise of 

23 governmental powers and au24 thorities of the Native Hawaiian 

25 governing entity; and 


emcdonald on DSKHWCL6B1PROD with BILLS
39 

•HR 1250 IH

1 (dd) other issues determined 

2 appropriate by the Council. 

3 (II) DEVELOPMENT OF ORGANIC

4 GOVERNING DOCUMENTS.—Based on 

5 the referendum, the Council shall de6 velop proposed organic governing doc7 uments for the Native Hawaiian gov8 erning entity and may seek technical 

9 assistance from the Secretary on the 

10 draft organic governing documents to 

11 ensure that the draft organic gov12 erning documents comply with this 

13 Act and other Federal law. 

14 (III) DISTRIBUTION.—The Coun15 cil shall publish to all qualified Native 

16 Hawaiian constituents of the Native 

17 Hawaiian governing entity listed on 

18 the roll published under this sub19 section notice of the availability of— 

20 (aa) a copy of the proposed 

21 organic governing documents, as 

22 drafted by the Council; and 

23 (bb) a brief impartial de24 scription of the proposed organic 

25 governing documents; 


emcdonald on DSKHWCL6B1PROD with BILLS
40 

•HR 1250 IH

1 (IV) ELECTIONS.— 

2 (aa) IN GENERAL.—Not 

3 sooner than 180 days after the 

4 proposed organic governing docu5 ments are drafted and distrib6 uted, the Council, with the assist7 ance of the Secretary, shall hold 

8 elections for the purpose of rati9 fying the proposed organic gov10 erning documents. 

11 (bb) PURPOSE.—The Coun12 cil, with the assistance of the 

13 Secretary, shall hold the election 

14 for the purpose of ratifying the 

15 proposed organic governing docu16 ments 60 days after publishing 

17 notice of an election. 

18 (cc) OFFICERS.—On certifi19 cation of the organic governing 

20 documents by the Secretary in 

21 accordance with paragraph (4), 

22 the Council, with the assistance 

23 of the Secretary, shall hold elec24 tions of the officers of the Native 


emcdonald on DSKHWCL6B1PROD with BILLS
41 

•HR 1250 IH

1 Hawaiian governing entity pursu2 ant to paragraph (5). 

3 (3) SUBMITTAL OF ORGANIC GOVERNING DOCU4 MENTS.—Following the reorganization of the Native 

5 Hawaiian governing entity and the adoption of or6 ganic governing documents, the Council shall submit 

7 the organic governing documents of the Native Ha8 waiian governing entity to the Secretary. 

9 (4) CERTIFICATIONS.— 

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

11 the future negotiations to be conducted under 

12 the authority of section 9(b)(1), and the subse13 quent actions by the Congress and the State of 

14 Hawaii to enact legislation to implement the 

15 agreements of the 3 governments, not later 

16 than 180 days, which may be extended an addi17 tional 90 days if the Secretary deems necessary, 

18 after the date on which the Council submits the 

19 organic governing documents to the Secretary, 

20 the Secretary shall certify or decline to certify 

21 that the organic governing documents— 

22 (i) establish the criteria for member23 ship in the Native Hawaiian governing en24 tity; 


emcdonald on DSKHWCL6B1PROD with BILLS
42 

•HR 1250 IH

1 (ii) were adopted by a majority vote of 

2 those qualified Native Hawaiian constitu3 ents whose names are listed on the roll 

4 published by the Secretary and who voted 

5 in the election; 

6 (iii) provide authority for the Native 

7 Hawaiian governing entity to negotiate 

8 with Federal, State, and local govern9 ments, and other entities; 

10 (iv) provide for the exercise of inher11 ent and other appropriate governmental 

12 authorities by the Native Hawaiian gov13 erning entity; 

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

15 or encumbrance of lands, interests in 

16 lands, or other assets of the Native Hawai17 ian governing entity without the consent of 

18 the Native Hawaiian governing entity; 

19 (vi) provide for the protection of the 

20 civil rights of the citizens of the Native 

21 Hawaiian governing entity and all persons 

22 affected by the exercise of governmental 

23 powers and authorities by the Native Ha24 waiian governing entity; and 


emcdonald on DSKHWCL6B1PROD with BILLS
43 

•HR 1250 IH

1 (vii) are consistent with applicable 

2 Federal law. 

3 (B) RESUBMISSION IN CASE OF NON4 COMPLIANCE.— 

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

7 the organic governing documents, or any 

8 part of the documents, do not meet all of 

9 the requirements set forth in subparagraph 

10 (A), the Secretary shall resubmit the or11 ganic governing documents to the Council, 

12 along with a justification for each of the 

13 Secretary’s findings as to why the provi14 sions are not in full compliance. 

15 (ii) AMENDMENT AND RESUBMISSION

16 OF ORGANIC GOVERNING DOCUMENTS.—If 

17 the organic governing documents are re18 submitted to the Council by the Secretary 

19 under clause (i), the Council shall— 

20 (I) amend the organic governing 

21 documents to ensure that the docu22 ments meet all the requirements set 

23 forth in subparagraph (A); and 

24 (II) resubmit the amended or25 ganic governing documents to the SecVerDate Mar 15 2010 23:06 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H1250.IH H1250

emcdonald on DSKHWCL6B1PROD with BILLS
44 

•HR 1250 IH

1 retary for certification in accordance 

2 with this paragraph. 

3 (C) CERTIFICATIONS DEEMED MADE.— 

4 The certifications under this paragraph shall be 

5 deemed to have been made if the Secretary has 

6 not acted within 180 days after the date on 

7 which the Council has submitted the organic 

8 governing documents of the Native Hawaiian 

9 governing entity to the Secretary. 

10 (5) ELECTIONS.—On completion of the certifi11 cations by the Secretary under paragraph (4), the 

12 Council, with the assistance of the Secretary, shall 

13 hold elections of the officers of the Native Hawaiian 

14 governing entity. 

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

16 provide a copy of the roll of qualified Native Hawai17 ian constituents to the governing body of the Native 

18 Hawaiian governing entity. 

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

20 exist and shall have no power or authority under 

21 this Act after the officers of the governing body who 

22 are elected as provided in paragraph (5) are in23 stalled. 

24 (8) REAFFIRMATION.—Notwithstanding any 

25 other provision of law, the special political and legal 


emcdonald on DSKHWCL6B1PROD with BILLS
45 

•HR 1250 IH

1 relationship between the United States and the Na2 tive Hawaiian people is hereby reaffirmed and the 

3 United States extends Federal recognition to the 

4 Native Hawaiian governing entity as the representa5 tive sovereign governing body of the Native Hawai6 ian people after— 

7 (A) the approval of the organic governing 

8 documents by the Secretary under subpara9 graph (A) or (C) of paragraph (4); and 

10 (B) the officers of the Native Hawaiian 

11 governing entity elected under paragraph (5) 

12 have been installed. 

13 SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AU14 THORITY TO STATE OF HAWAII; NEGOTIA15 TIONS; CLAIMS. 

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

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

18 conditions of the indigenous, native people of Hawaii con19 tained in the Act entitled ‘‘An Act to provide for the ad20 mission of the State of Hawaii into the Union’’, approved 

21 March 18, 1959 (Public Law 86–3; 73 Stat. 4), is re22 affirmed. 

23 (b) NEGOTIATIONS.— 

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

25 the special political and legal relationship between 


emcdonald on DSKHWCL6B1PROD with BILLS
46 

•HR 1250 IH

1 the United States and the Native Hawaiian gov2 erning entity, the United States and the State of 

3 Hawaii may enter into negotiations with the Native 

4 Hawaiian governing entity designed to lead to an 

5 agreement or agreements addressing such matters 

6 as— 

7 (A) the transfer of State of Hawaii lands 

8 and surplus Federal lands, natural resources, 

9 and other assets, and the protection of existing 

10 rights related to such lands or resources; 

11 (B) the exercise of governmental authority 

12 over any transferred lands, natural resources, 

13 and other assets, including land use; 

14 (C) the exercise of civil and criminal juris15 diction; 

16 (D) the exercise of other powers and au17 thorities that are recognized by the United 

18 States as powers and authorities typically exer19 cised by governments representing indigenous, 

20 native people of the United States; 

21 (E) any residual responsibilities of the 

22 United States and the State of Hawaii; and 

23 (F) grievances regarding assertions of his24 torical wrongs committed against Native HaVerDate Mar 15 2010 23:06 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H1250.IH H1250

emcdonald on DSKHWCL6B1PROD with BILLS
47 

•HR 1250 IH

1 waiians by the United States or by the State of 

2 Hawaii. 

3 (2) AMENDMENTS TO EXISTING LAWS.—Upon 

4 agreement on any matter or matters negotiated with 

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

6 Native Hawaiian governing entity, the parties may 

7 submit— 

8 (A) to the Committee on Indian Affairs of 

9 the Senate, the Committee on Energy and Nat10 ural Resources of the Senate, and the Com11 mittee on Natural Resources of the House of 

12 Representatives recommendations for proposed 

13 amendments to Federal law that will enable the 

14 implementation of agreements reached between 

15 the governments; and 

16 (B) to the Governor and the legislature of 

17 the State of Hawaii, recommendations for pro18 posed amendments to State law that will enable 

19 the implementation of agreements reached be20 tween the governments. 

21 (3) GOVERNMENTAL AUTHORITY AND

22 POWER.—The Native Hawaiian governing entity 

23 shall be vested with the inherent powers and privi24 leges of self-government of a native government 

25 under existing law, except as set forth in section 


emcdonald on DSKHWCL6B1PROD with BILLS
48 

•HR 1250 IH

1 10(a). Said powers and privileges may be modified 

2 by agreement between the Native Hawaiian gov3 erning entity, the United States, and the State pur4 suant to paragraph (1), subject to the limit de5 scribed by section 10(a). Unless so agreed, nothing 

6 in this Act shall preempt Federal or State authority 

7 over Native Hawaiians or their property under exist8 ing law or authorize the State to tax or regulate the 

9 Native Hawaiian governing entity. 

10 (4) MEMBERSHIP.—Once the United States ex11 tends Federal recognition to the Native Hawaiian 

12 governing entity, the United States will recognize 

13 and affirm the Native Hawaiian governing entity’s 

14 inherent power and authority to determine its own 

15 membership criteria, to determine its own member16 ship, and to grant, deny, revoke, or qualify member17 ship without regard to whether any person was or 

18 was not deemed to be a qualified Native Hawaiian 

19 constituent under this Act. 

20 (c) CLAIMS.—Nothing in this Act— 

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

23 of Hawaii relating to events or actions that occurred 

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


emcdonald on DSKHWCL6B1PROD with BILLS
49 

•HR 1250 IH

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

3 claim or cause of action against the United States 

4 or its officers or the State of Hawaii or its officers, 

5 or any defense (including the defense of statute of 

6 limitations) to any such claim or cause of action; or 

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

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

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

10 (commonly known as the ‘‘Federal Tort Claims 

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

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

13 1505 of title 28, United States Code (commonly 

14 known as the ‘‘Indian Tucker Act’’), the Hawaii Or15 ganic Act (31 Stat. 141), or any other Federal stat16 ute, except as expressly amended by this Act. 

17 SEC. 10. APPLICABILITY OF CERTAIN FEDERAL LAWS. 

18 (a) INDIAN GAMING REGULATORY ACT.— 

19 (1) IN GENERAL.—The Native Hawaiian gov20 erning entity and Native Hawaiians may not con21 duct gaming activities as a matter of claimed inher22 ent authority or under the authority of any Federal 

23 law, including the Indian Gaming Regulatory Act 

24 (25 U.S.C. 2701 et seq.) or under any regulations 


emcdonald on DSKHWCL6B1PROD with BILLS
50 

•HR 1250 IH

1 thereunder promulgated by the Secretary or the Na2 tional Indian Gaming Commission. 

3 (2) APPLICABILITY.—The prohibition contained 

4 in paragraph (1) regarding the use of Indian Gam5 ing Regulatory Act (25 U.S.C. 2701 et seq.) and in6 herent authority to game applies regardless of 

7 whether gaming by Native Hawaiians or the Native 

8 Hawaiian governing entity would be located on land 

9 within the State of Hawaii or within any other State 

10 or territory of the United States. 

11 (b) SINGLE GOVERNING ENTITY.—This Act will re12 sult in the recognition of the single Native Hawaiian gov13 erning entity. Additional Native Hawaiian groups shall not 

14 be eligible for acknowledgment pursuant to the Federal 

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

16 Code of Federal Regulations, or any other administrative 

17 acknowledgment or recognition process. 

18 (c) INDIAN CIVIL RIGHTS ACT OF 1968.—The Coun19 cil and the subsequent governing entity recognized under 

20 this Act shall be an Indian tribe, as defined in section 201 

21 of the Indian Civil Rights Act of 1968 (25 U.S.C. 1301) 

22 for purposes of sections 201 through 203 of that Act (25 

23 U.S.C. 1301–1303). 

24 (d) INDIAN PROGRAMS, SERVICES, AND LAWS.— 


emcdonald on DSKHWCL6B1PROD with BILLS
51 

•HR 1250 IH

1 (1) IN GENERAL.—Notwithstanding any other 

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

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

8 program or service. Nothing in this Act affects the 

9 eligibility of any person for any program or service 

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

11 enactment of this Act. 

12 (2) APPLICABILITY OF OTHER TERMS.—In Fed13 eral statutes or regulations in force prior to the 

14 United States’ recognition of the Native Hawaiian 

15 governing entity, the terms ‘‘Indian’’ and ‘‘Native 

16 American’’, and references to Indian tribes, bands, 

17 nations, pueblos, villages, or other organized groups 

18 or communities, shall not apply to the Native Ha19 waiian governing entity or its members, unless the 

20 Federal statute or regulation expressly applies to 

21 Native Hawaiians or the Native Hawaiian governing 

22 entity. 

23 (e) REAL PROPERTY TRANSFERS.—Section 2116 of 

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

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


emcdonald on DSKHWCL6B1PROD with BILLS
52 

•HR 1250 IH

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

2 of lands, or of any title or claim thereto, from Native Ha3 waiians, Native Hawaiian entities, or the Kingdom of Ha4 waii that occurred prior to the date of the United States 

5 recognition of the Native Hawaiian governing entity. 

6 SEC. 11. SEVERABILITY. 

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

8 it is the intent of Congress that the remaining sections 

9 or provisions shall continue in full force and effect. 

10 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated such sums 

12 as are necessary to carry out this Act. 

Æ 


emcdonald on DSKHWCL6B1PROD with BILLS