II

106TH CONGRESS

2D SESSION S. 2899

To express the policy of the United States regarding the United States’

relationship with Native Hawaiians, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 20, 2000

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

for other purposes.

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

3 SECTION 1. FINDINGS.

4 Congress finds that—

5 (1) the Constitution vests Congress with the au6 thority to address the conditions of the indigenous,

7 native people of the United States;

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

9 State of Hawaii are indigenous, native people of the

10 United States;
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1 (3) the United States has a special trust rela2 tionship to promote the welfare of the native people

3 of the United States, including Native Hawaiians;

4 (4) under the treaty-making power of the

5 United States, Congress exercised its constitutional

6 authority to confirm a treaty between the United

7 States and the government that represented the Ha8 waiian people, and from 1826 until 1893, the United

9 States recognized the independence of the Kingdom

10 of Hawaii, extended full diplomatic recognition to

11 the Hawaiian Government, and entered into treaties

12 and conventions with the Hawaiian monarchs to gov13 ern commerce and navigation in 1826, 1842, 1849,

14 1875, and 1887;

15 (5) pursuant to the provisions of the Hawaiian

16 Homes Commission Act, 1920 (42 Stat. 108, chap17 ter 42), the United States set aside 200,000 acres

18 of land in the Federal territory that later became

19 the State of Hawaii in order to establish a homeland

20 for the native people of Hawaii, Native Hawaiians;

21 (6) by setting aside 200,000 acres of land for

22 Native Hawaiian homesteads and farms, the Act as23 sists the Native Hawaiian community in maintaining

24 distinct native settlements throughout the State of

25 Hawaii;
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1 (7) approximately 6,800 Native Hawaiian les2 sees and their family members reside on Hawaiian

3 Home Lands and approximately 18,000 Native Ha4 waiians who are eligible to reside on the Home

5 Lands are on a waiting list to receive assignments

6 of land;

7 (8) the Hawaiian Home Lands continue to pro8 vide an important foundation for the ability of the

9 Native Hawaiian community to maintain the prac10 tice of Native Hawaiian culture, language, and tradi11 tions, and Native Hawaiians have maintained other

12 distinctly native areas in Hawaii;

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

14 150 (107 Stat. 1510) (commonly known as the Apol15 ogy Resolution) was enacted into law, extending an

16 apology on behalf of the United States to the Native

17 people of Hawaii for the United States’ role in the

18 overthrow of the Kingdom of Hawaii;

19 (10) the Apology Resolution acknowledges that

20 the overthrow of the Kingdom of Hawaii occurred

21 with the active participation of agents and citizens

22 of the United States and further acknowledges that

23 the Native Hawaiian people never directly relin24 quished their claims to their inherent sovereignty as

25 a people over their national lands to the United
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1 States, either through their monarchy or through a

2 plebiscite or referendum;

3 (11) the Apology Resolution expresses the com4 mitment of Congress and the President to acknowl5 edge the ramifications of the overthrow of the King6 dom of Hawaii and to support reconciliation efforts

7 between the United States and Native Hawaiians;

8 and to have Congress and the President, through the

9 President’s designated officials, consult with Native

10 Hawaiians on the reconciliation process as called for

11 under the Apology Resolution;

12 (12) despite the overthrow of the Hawaiian gov13 ernment, Native Hawaiians have continued to main14 tain their separate identity as a distinct native com15 munity through the formation of cultural, social, and

16 political institutions, and to give expression to their

17 rights as native people to self-determination and

18 self-governance as evidenced through their participa19 tion in the Office of Hawaiian Affairs;

20 (13) Native Hawaiians also maintain a distinct

21 Native Hawaiian community through the provision

22 of governmental services to Native Hawaiians, in23 cluding the provision of health care services, edu24 cational programs, employment and training pro25 grams, children’s services, conservation programs,
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1 fish and wildlife protection, agricultural programs,

2 native language immersion programs and native lan3 guage immersion schools from kindergarten through

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

5 programs in native language immersion instruction,

6 and traditional justice programs, and by continuing

7 their efforts to enhance Native Hawaiian self-deter8 mination and local control;

9 (14) Native Hawaiians are actively engaged in

10 Native Hawaiian cultural practices, traditional agri11 cultural methods, fishing and subsistence practices,

12 maintenance of cultural use areas and sacred sites,

13 protection of burial sites, and the exercise of their

14 traditional rights to gather medicinal plants and

15 herbs, and food sources;

16 (15) the Native Hawaiian people wish to pre17 serve, develop, and transmit to future Native Hawai18 ian generations their ancestral lands and Native Ha19 waiian political and cultural identity in accordance

20 with their traditions, beliefs, customs and practices,

21 language, and social and political institutions, and to

22 achieve greater self-determination over their own af23 fairs;

24 (16) this Act responds to the desire of the Na25 tive Hawaiian people for enhanced self-determination
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1 by establishing a process within the framework of

2 Federal law for the Native Hawaiian people to exer3 cise their inherent rights as a distinct aboriginal, in4 digenous, native community to reorganize a Native

5 Hawaiian governing body for the purpose of giving

6 expression to their rights as native people to self-de7 termination and self-governance;

8 (17) the United States has declared that—

9 (A) the United States has a special respon10 sibility for the welfare of the native peoples of

11 the United States, including Native Hawaiians;

12 (B) Congress has identified Native Hawai13 ians as a distinct indigenous group within the

14 scope of its Indian affairs power, and has en15 acted dozens of statutes on their behalf pursu16 ant to its recognized trust responsibility; and

17 (C) Congress has also delegated broad au18 thority to administer a portion of the federal

19 trust responsibility to the State of Hawaii;

20 (18) the United States has recognized and re21 affirmed the special trust relationship with the Na22 tive Hawaiian people through—

23 (A) the enactment of the Act entitled ‘‘An

24 Act to provide for the admission of the State of
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1 Hawaii into the Union’’, approved March 18,

2 1959 (Public Law 86–3; 73 Stat. 4) by—

3 (i) ceding to the State of Hawaii title

4 to the public lands formerly held by the

5 United States, and mandating that those

6 lands be held in public trust for the better7 ment of the conditions of Native Hawai8 ians; and

9 (ii) transferring the United States’ re10 sponsibility for the administration of the

11 Hawaiian Home Lands to the State of Ha12 waii, but retaining the authority to enforce

13 the trust, including the exclusive right of

14 the United States to consent to any actions

15 affecting the lands which comprise the cor16 pus of the trust and any amendments to

17 the Hawaiian Homes Commission Act,

18 1920 (42 Stat. 108, chapter 42) that are

19 enacted by the legislature of the State of

20 Hawaii affecting the beneficiaries under

21 the Act;

22 (19) the United States continually has recog23 nized and reaffirmed that—

24 (A) Native Hawaiians have a cultural, his25 toric, and land-based link to the aboriginal, na-
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1 tive people who exercised sovereignty over the

2 Hawaiian Islands;

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

6 (C) the United States extends services to

7 Native Hawaiians because of their unique sta8 tus as the aboriginal, native people of a once

9 sovereign nation with whom the United States

10 has a political and legal relationship; and

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

14 status as aboriginal, indigenous, native people

15 of the United States.

16 SEC. 2. DEFINITIONS.

17 In this Act:

18 (1) ABORIGINAL, INDIGENOUS, NATIVE PEO19 PLE.—The term ‘‘aboriginal, indigenous, native peo20 ple’’ means those people whom Congress has recog21 nized as the original inhabitants of the lands and

22 who exercised sovereignty prior to European contact

23 in the areas that later became part of the United

24 States;
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1 (2) ADULT MEMBERS.—The term ‘‘adult mem2 bers’’ means those Native Hawaiians who have at3 tained the age of 18 at the time the Secretary pub4 lishes the initial roll in the Federal Register, as pro5 vided in section 7(a)(4) of this Act.

6 (3) APOLOGY RESOLUTION.—The term ‘‘Apol7 ogy Resolution’’ means Public Law 103–150 (107

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

9 Native Hawaiians on behalf of the United States for

10 the participation of agents of the United States in

11 the January 17, 1893 overthrow of the Kingdom of

12 Hawaii.

13 (4) COMMISSION.—The term ‘‘Commission’’

14 means the commission established in section 7 of

15 this Act to certify that the adult members of the Na16 tive Hawaiian community contained on the roll de17 veloped under that section meet the definition of Na18 tive Hawaiian, as defined in paragraph (6)(A).

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

20 ‘‘indigenous, native people’’ means the lineal de21 scendants of the aboriginal, indigenous, native peo22 ple of the United States.

23 (6) NATIVE HAWAIIAN.—

24 (A) Prior to the recognition by the United

25 States of a Native Hawaiian governing body
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1 under the authority of section 7(d) of this Act,

2 the term ‘‘Native Hawaiian’’ means the indige3 nous, native people of Hawaii who are the lineal

4 descendants of the aboriginal, indigenous, na5 tive people who resided in the islands that now

6 comprise the State of Hawaii on January 1,

7 1893, and who occupied and exercised sov8 ereignty in the Hawaiian archipelago, including

9 the area that now constitutes the State of Ha10 waii, as evidenced by (but not limited to)—

11 (i) genealogical records;

12 (ii) Native Hawaiian kupuna (elders)

13 verification or affidavits;

14 (iii) church or census records; or

15 (iv) government birth or death certifi16 cates or other vital statistics records;

17 (B) Following the recognition by the

18 United States of the Native Hawaiian gov19 erning body under section 7(d) of this Act, the

20 term ‘‘Native Hawaiian’’ shall have the mean21 ing given to such term in the organic governing

22 documents of the Native Hawaiian governing

23 body.

24 (7) NATIVE HAWAIIAN GOVERNING BODY.—The

25 term ‘‘Native Hawaiian governing body’’ means the
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1 adult members of the governing body of the Native

2 Hawaiian people that is recognized by the United

3 States under the authority of section 7(d) of this

4 Act.

5 (8) NATIVE HAWAIIAN INTERIM GOVERNING

6 COUNCIL.—The term ‘‘Native Hawaiian Interim

7 Governing Council’’ means the interim governing

8 council that is authorized to exercise the powers and

9 authorities recognized in section 7(b) of this Act.

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

11 is developed under the authority of section 7(a) of

12 this Act.

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

14 means the Secretary of the Department of the Inte15 rior.

16 (11) TASK FORCE.—The term ‘‘Task Force’’

17 means the Native Hawaiian Interagency Task Force

18 established under the authority of section 6 of this

19 Act.

20 SEC. 3. UNITED STATES POLICY.

21 The United States reaffirms that—

22 (1) Native Hawaiians are a unique and distinct

23 aboriginal, indigenous, native people, with whom the

24 United States has a political and legal relationship;
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1 (2) the United States has a special trust rela2 tionship to promote the welfare of Native Hawaiians;

3 (3) Congress possesses the authority under the

4 Constitution to enact legislation to address the con5 ditions of Native Hawaiians and has exercised this

6 authority through the enactment of—

7 (A) the Hawaiian Homes Commission Act,

8 1920 (42 Stat. 108, chapter 42);

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

10 the admission of the State of Hawaii into the

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

12 86–3; 73 Stat. 4); and

13 (C) more than 150 other Federal laws ad14 dressing the conditions of Native Hawaiians;

15 (4) Native Hawaiians have—

16 (A) an inherent right to autonomy in their

17 internal affairs;

18 (B) an inherent right of self-determination

19 and self-governance; and

20 (C) the right to reorganize a Native Ha21 waiian governing body; and

22 (5) the United States shall continue to engage

23 in a process of reconciliation and political relations

24 with the Native Hawaiian people.
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1 SEC. 4. ESTABLISHMENT OF THE OFFICE OF SPECIAL

2 TRUSTEE FOR NATIVE HAWAIIAN AFFAIRS.

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

4 Office of the Secretary of the Department of the Interior

5 the Office of Special Trustee for Native Hawaiian Affairs.

6 (b) DUTIES OF THE OFFICE.—The Office of Special

7 Trustee for Native Hawaiian Affairs shall—

8 (1) effectuate and coordinate the special trust

9 relationship between the Native Hawaiian people

10 and the United States through the Secretary, and

11 with all other Federal agencies;

12 (2) upon the recognition of the Native Hawai13 ian governing body by the United States as provided

14 for in section 7(d) of this Act, effectuate and coordi15 nate the special trust relationship between the Na16 tive Hawaiian governing body and the United States

17 through the Secretary, and with all other Federal

18 agencies;

19 (3) fully integrate the principle and practice of

20 meaningful, regular, and appropriate consultation

21 with the Native Hawaiian people by providing timely

22 notice to, and consulting with the Native Hawaiian

23 people prior to taking any actions that may have the

24 potential to significantly or uniquely affect Native

25 Hawaiian resources, rights, or lands, and upon the

26 recognition of the Native Hawaiian governing body
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1 as provided for in section 7(d) of this Act, fully inte2 grate the principle and practice of meaningful, reg3 ular, and appropriate consultation with the Native

4 Hawaiian governing body by providing timely notice

5 to, and consulting with the Native Hawaiian people

6 prior to taking any actions that may have the poten7 tial to significantly affect Native Hawaiian re8 sources, rights, or lands;

9 (4) consult with the Native Hawaiian Inter10 agency Task Force, other Federal agencies, and with

11 relevant agencies of the State of Hawaii on policies,

12 practices, and proposed actions affecting Native Ha13 waiian resources, rights, or lands;

14 (5) be responsible for the preparation and sub15 mittal to the Committee on Indian Affairs of the

16 Senate, the Committee on Energy and Natural Re17 sources of the Senate, and the Committee on Re18 sources of the House of Representatives of an an19 nual report detailing the activities of the Interagency

20 Task Force established under section 6 of this Act

21 that are undertaken with respect to the continuing

22 process of reconciliation and to effect meaningful

23 consultation with the Native Hawaiian people and

24 the Native Hawaiian governing body and providing

25 recommendations for any necessary changes to exist-
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1 ing Federal statutes or regulations promulgated

2 under the authority of Federal law;

3 (6) be responsible for continuing the process of

4 reconciliation with the Native Hawaiian people, and

5 upon the recognition of the Native Hawaiian gov6 erning body by the United States as provided for in

7 section 7(d) of this Act, be responsible for con8 tinuing the process of reconciliation with the Native

9 Hawaiian governing body; and

10 (7) assist the Native Hawaiian people in facili11 tating a process for self-determination, including but

12 not limited to the provision of technical assistance in

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

14 Act, the organization of the Native Hawaiian In15 terim Governing Council as provided for in section

16 7(b) of this Act, and the reorganization of the Na17 tive Hawaiian governing body as provided for in sec18 tion 7(c) of this Act.

19 SEC. 5. DESIGNATION OF DEPARTMENT OF JUSTICE REP20 RESENTATIVE.

21 The Attorney General shall designate an appropriate

22 official within the Department of Justice to assist the Of23 fice of the Special Trustee for Native Hawaiian Affairs

24 in the implementation and protection of the rights of Na25 tive Hawaiians and their political and legal relationship
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1 with the United States, and upon the recognition of the

2 Native Hawaiian governing body as provided for in section

3 7(d) of this Act, in the implementation and protection of

4 the rights of the Native Hawaiian governing body and its

5 political and legal relationship with the United States.

6 SEC. 6. NATIVE HAWAIIAN INTERAGENCY TASK FORCE.

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

9 Interagency Task Force’’.

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

12 from—

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

15 whose actions may significantly or uniquely impact

16 on Native Hawaiian resources, rights, or lands;

17 (2) the Office of the Special Trustee for Native

18 Hawaiian Affairs established under section 4 of this

19 Act; and

20 (3) the Executive Office of the President.

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

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

24 Force shall be convened at the request of the lead agen25 cies.
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1 (d) CO-CHAIRS.—The Task Force representative of

2 the Office of Special Trustee for Native Hawaiian Affairs

3 established under the authority of section 4 of this Act

4 and the Attorney General’s designee under the authority

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

6 Force.

7 (e) DUTIES.—The primary responsibilities of the

8 Task Force shall be—

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

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

14 (2) to assure that each Federal agency develops

15 a policy on consultation with the Native Hawaiian

16 people, and upon recognition of the Native Hawaiian

17 governing body by the United States as provided in

18 section 7(d) of this Act, consultation with the Native

19 Hawaiian governing body; and

20 (3) to assure the participation of each Federal

21 agency in the development of the report to Congress

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

2 THE ORGANIZATION OF A NATIVE HAWAIIAN

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

6 HAWAIIAN GOVERNING BODY, AND FOR THE

7 RECOGNITION OF THE NATIVE HAWAIIAN

8 GOVERNING BODY.

9 (a) ROLL.—

10 (1) PREPARATION OF ROLL.—The adult mem11 bers of the Native Hawaiian community who wish to

12 participate in the reorganization of a Native Hawai13 ian governing body shall prepare a roll for the pur14 pose of the organization of a Native Hawaiian In15 terim Governing Council. The roll shall include the

16 names of—

17 (A) the adult members of the Native Ha18 waiian community who wish to become mem19 bers of a Native Hawaiian governing body and

20 who are the lineal descendants of the aborigi21 nal, indigenous, native people who resided in

22 the islands that now comprise the State of Ha23 waii on January 1, 1893, and who occupied and

24 exercised sovereignty in the Hawaiian archi25 pelago, including the area that now constitutes
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1 the State of Hawaii, as evidenced by (but not

2 limited to)—

3 (i) genealogical records;

4 (ii) Native Hawaiian kupuna (elders)

5 verification or affidavits;

6 (iii) church or census records; or

7 (iv) government birth or death certifi8 cates or other vital statistics records; and

9 (B) the children of the adult members list10 ed on the roll prepared under this subsection.

11 (2) CERTIFICATION AND SUBMISSION.—

12 (A) COMMISSION.—There is authorized to

13 be established a Commission to be composed of

14 9 members for the purpose of certifying that

15 the adult members of the Native Hawaiian com16 munity on the roll meet the definition of Native

17 Hawaiian, as defined in section 2(6)(A) of this

18 Act. The members of the Commission shall have

19 expertise in the certification of Native Hawaiian

20 ancestry.

21 (B) CERTIFICATION.—The Commission

22 shall certify to the Secretary that the individ23 uals listed on the roll developed under the au24 thority of this subsection are Native Hawaiians,
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1 as defined in section 2(6)(A) of this Act, and

2 shall submit such roll to the Secretary.

3 (3) NOTIFICATION.—The Commission shall

4 promptly provide notice to the Secretary if any of

5 the individuals listed on the roll should be removed

6 from the roll on account of death.

7 (4) PUBLICATION.—Within 45 days of the re8 ceipt by the Secretary of the roll developed under

9 the authority of this subsection and certified by the

10 Commission under the authority of paragraph (2),

11 the Secretary shall certify that the roll is consistent

12 with applicable Federal law by publishing the roll in

13 the Federal Register.

14 (5) EFFECT OF PUBLICATION.—The publication

15 of the roll developed under the authority of this sub16 section shall be for the purpose of providing any

17 member of the public with an opportunity to—

18 (A) petition the Secretary to add to the

19 roll the name of an individual who meets the

20 definition of Native Hawaiian, as defined in

21 section 2(6)(A) of this Act, and who is not list22 ed on the roll; or

23 (B) petition the Secretary to remove from

24 the roll the name of an individual who does not

25 meet such definition.
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1 (6) DEADLINE FOR PETITIONS.—Any petition

2 described in paragraph (5) shall be filed with the

3 Secretary within 90 days of the date of the publica4 tion of the roll in the Federal Register, as author5 ized under paragraph (4).

6 (7) CERTIFICATION OF ADDITIONAL NATIVE

7 HAWAIIANS FOR INCLUSION ON THE ROLL.—

8 (A) SUBMISSION.—Within 30 days of re9 ceiving a petition to add the name of an indi10 vidual to the roll, the Secretary shall submit the

11 name of each individual who is the subject of a

12 petition to add his or her name to the roll to

13 the Commission for certification that the indi14 vidual meets the definition of Native Hawaiian,

15 as defined in section 2(6)(A) of this Act.

16 (B) CERTIFICATION.—Within 30 days of

17 receiving a petition from the Secretary to have

18 a name added to or removed from the roll, the

19 Commission shall certify to the Secretary

20 that—

21 (i) the individual meets the definition

22 of Native Hawaiian, as defined in section

23 2(6)(A) of this Act; or
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1 (ii) the individual does not meet the

2 definition of Native Hawaiian, as so de3 fined.

4 Upon such certification, the Secretary shall add

5 or remove the name of the individual on the

6 roll, as appropriate.

7 (8) HEARING.—

8 (A) IN GENERAL.—The Secretary shall

9 conduct a hearing on the record within 45 days

10 of the receipt by the Secretary of—

11 (i) a certification by the Commission

12 that an individual does not meet the defini13 tion of Native Hawaiian, as defined in sec14 tion 2(6)(A) of this Act; or

15 (ii) a petition to remove the name of

16 any individual listed on the roll submitted

17 to the Secretary by the Commission.

18 (B) TESTIMONY.—At the hearing con19 ducted in accordance with this paragraph, the

20 Secretary may receive testimony from the peti21 tioner, a representative of the Commission, the

22 individual whose name is the subject of the pe23 tition, and any other individuals who may have

24 the necessary expertise to provide the Secretary

25 with relevant information regarding whether the
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1 individual whose name is the subject of a peti2 tion meets the definition of Native Hawaiian, as

3 defined in section 2(6)(A) of this Act.

4 (C) FINAL DETERMINATION.—Within 30

5 days of the date of the conclusion of the hear6 ing conducted in accordance with this para7 graph, the Secretary shall make a determina8 tion regarding whether the individual whose

9 name is the subject of a petition meets the defi10 nition of Native Hawaiian, as defined in section

11 2(6)(A) of this Act. Such a determination shall

12 be a final determination for purposes of judicial

13 review.

14 (9) JUDICIAL REVIEW.—

15 (A) FINAL JUDGMENT.—The United

16 States District Court for the District of Hawaii

17 shall have jurisdiction to review the record of

18 the decision developed by the Secretary and the

19 Secretary’s final determination under para20 graph (8) and shall make a final judgment re21 garding such determination.

22 (B) NOTICE.—If the district court deter23 mines that an individual’s name should be

24 added to the roll because that individual meets

25 the definition of Native Hawaiian, as defined in
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1 section 2(6)(A) of this Act, or that an individ2 ual’s name should be removed from the roll be3 cause that individual does not meet such defini4 tion, the district court shall so advise the Sec5 retary and the Secretary shall add or remove

6 the individual’s name from the roll, consistent

7 with the instructions of the district court.

8 (10) PUBLICATION OF FINAL ROLL.—Except

9 for those petitions which remain the subject of judi10 cial review under the authority of paragraph (9), the

11 Secretary shall—

12 (A) publish a final roll in the Federal Reg13 ister within 290 days of the receipt by the Sec14 retary of the roll prepared under the authority

15 of paragraph (1); and

16 (B) subsequently publish in the Federal

17 Register the names of any individuals that the

18 district court directs be added or removed from

19 the roll.

20 (11) EFFECT OF PUBLICATION.—The publica21 tion of the final roll shall serve as the basis for the

22 eligibility of adult members listed on the roll to par23 ticipate in all referenda and elections associated with

24 the organization of a Native Hawaiian Interim Gov25 erning Council.
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1 (b) ORGANIZATION OF THE NATIVE HAWAIIAN IN2 TERIM GOVERNING COUNCIL.—

3 (1) ORGANIZATION.—

4 (A) DATE OF GENERAL MEETING.—Within

5 90 days of the date of the publication of the

6 final roll in the Federal Register, the Secretary

7 shall announce the date of a general meeting of

8 the adult members of those listed on the roll to

9 nominate candidates from among the adult

10 members listed on the roll for election to the

11 Native Hawaiian Interim Governing Council.

12 The criteria for candidates to serve on the Na13 tive Hawaiian Interim Governing Council shall

14 be developed by the adult members listed on the

15 roll at the general meeting. The general meet16 ing may consist of meetings on each island or

17 at such sites as to secure the maximum partici18 pation of the adult members listed on the roll.

19 Such general meeting (or meetings) shall be

20 held within 30 days of the Secretary’s an21 nouncement.

22 (B) ELECTION.—Within 45 days of the

23 general meeting (or meetings), the Secretary

24 shall assist the Native Hawaiian community in

25 holding an election by secret ballot (absentee
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1 and mail balloting permitted), to elect the mem2 bership of the Native Hawaiian Interim Gov3 erning Council from among the nominees sub4 mitted to the Secretary from the general meet5 ing. The ballots shall provide for write-in votes.

6 (C) APPROVAL.—The Secretary shall ap7 prove the Native Hawaiian Interim Governing

8 Council elected pursuant to this subsection if

9 the requirements of this section relating to the

10 nominating and election process have been met.

11 (2) POWERS.—

12 (A) IN GENERAL.—The Native Hawaiian

13 Interim Governing Council shall represent those

14 on the roll in the implementation of this Act

15 and shall have no powers other than those given

16 to it in accordance with this Act.

17 (B) TERMINATION.—The Native Hawaiian

18 Interim Governing Council shall have no power

19 or authority under this Act after the time which

20 the duly elected officers of the Native Hawaiian

21 governing body take office.

22 (3) DUTIES.—

23 (A) REFERENDUM.—The Native Hawaiian

24 Interim Governing Council shall conduct a ref25 erendum of the adult members listed on the roll
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1 for the purpose of determining (but not limited

2 to) the following:

3 (i) The proposed elements of the or4 ganic governing documents of a Native

5 Hawaiian governing body.

6 (ii) The proposed powers and authori7 ties to be exercised by a Native Hawaiian

8 governing body, as well as the proposed

9 privileges and immunities of a Native Ha10 waiian governing body.

11 (iii) The proposed civil rights and pro12 tection of such rights of the members of a

13 Native Hawaiian governing body and all

14 persons subject to the authority of a Na15 tive Hawaiian governing body.

16 (B) DEVELOPMENT OF ORGANIC GOV17 ERNING DOCUMENTS.—Based upon the ref18 erendum authorized in subparagraph (A), the

19 Native Hawaiian Interim Governing Council

20 shall develop proposed organic governing docu21 ments for a Native Hawaiian governing body.

22 (C) DISTRIBUTION.—The Council shall

23 distribute to all adult members of those listed

24 on the roll, a copy of the proposed organic gov25 erning documents, as drafted by the Native Ha-
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1 waiian Interim Governing Council, along with a

2 brief impartial description of the proposed or3 ganic governing documents.

4 (D) CONSULTATION.—The Native Hawai5 ian Interim Governing Council shall freely con6 sult with those listed on the roll concerning the

7 text and description of the proposed organic

8 governing documents.

9 (4) ELECTIONS.—

10 (A) IN GENERAL.—Upon the request of

11 the Native Hawaiian Interim Governing Coun12 cil, the Secretary shall hold an election for the

13 purpose of ratifying the proposed organic gov14 erning documents. If the Secretary fails to act

15 within 45 days of the request by the Council,

16 the Council is authorized to conduct the elec17 tion.

18 (B) FAILURE TO ADOPT GOVERNING DOCU19 MENTS.—If the proposed organic governing

20 documents are not adopted by a majority vote

21 of the adult members listed on the roll, the Na22 tive Hawaiian Interim Governing Council shall

23 consult with the adult members listed on the

24 roll to determine which elements of the pro25 posed organic governing documents were found
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1 to be unacceptable, and based upon such con2 sultation, the Council shall propose changes to

3 the proposed organic governing documents.

4 (C) ELECTION.—Upon the request of the

5 Native Hawaiian Interim Governing Council,

6 the Secretary shall hold a second election for

7 the purpose of ratifying the proposed organic

8 governing documents. If the Secretary fails to

9 act within 45 days of the request by the Coun10 cil, the Council is authorized to conduct the sec11 ond election.

12 (c) ORGANIZATION OF THE NATIVE HAWAIIAN GOV13 ERNING BODY.—

14 (1) RECOGNITION OF RIGHTS.—The right of

15 the Native Hawaiian governing body of the indige16 nous, native people of Hawaii to organize for its

17 common welfare, and to adopt appropriate organic

18 governing documents is hereby recognized by the

19 United States.

20 (2) RATIFICATION.—The organic governing

21 documents of the Native Hawaiian governing body

22 shall become effective when ratified by a majority

23 vote of the adult members listed on the roll, and ap24 proved by the Secretary upon the Secretary’s deter25 mination that the organic governing documents are
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1 consistent with applicable Federal law and the spe2 cial trust relationship between the United States and

3 its native people. If the Secretary fails to make such

4 a determination within 45 days of the ratification of

5 the organic governing documents by the adult mem6 bers listed on the roll, the organic governing docu7 ments shall be deemed to have been approved by the

8 Secretary.

9 (3) ELECTION OF GOVERNING OFFICERS.—

10 Within 45 days after the Secretary has approved the

11 organic governing documents or the organic gov12 erning documents are deemed approved, the Sec13 retary shall assist the Native Hawaiian Interim Gov14 erning Council in holding an election by secret ballot

15 for the purpose of determining the individuals who

16 will serve as governing body officers as provided in

17 the organic governing documents.

18 (4) VOTING ELIGIBILITY.—For the purpose of

19 this initial election and notwithstanding any provi20 sion in the organic governing documents to the con21 trary, absentee balloting shall be permitted and all

22 adult members of the Native Hawaiian governing

23 body shall be entitled to vote in the election.

24 (5) FUTURE ELECTIONS.—All further elections

25 of governing body officers shall be conducted as pro-
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1 vided for in the organic governing documents and

2 ordinances adopted in accordance with this Act.

3 (6) REVOCATION; RATIFICATION OF AMEND4 MENTS.—When ratified by a majority vote of the

5 adult members of those listed on the roll, the organic

6 governing documents shall be revocable by an elec7 tion open to the adult members of the Native Ha8 waiian governing body, and amendments to the or9 ganic governing documents may be ratified by the

10 same process.

11 (7) ADDITIONAL RIGHTS AND POWERS.—In ad12 dition to all powers vested in the Native Hawaiian

13 governing body by the duly ratified organic gov14 erning documents, the organic governing documents

15 shall also vest in the Native Hawaiian governing

16 body the rights and powers to—

17 (A) exercise those governmental authorities

18 that are recognized by the United States as the

19 powers and authorities that are exercised by

20 other governments representing the indigenous,

21 native people of the United States;

22 (B) provide for the protection of the civil

23 rights of the members of the Native Hawaiian

24 governing body and all persons subject to the

25 authority of the Native Hawaiian governing
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1 body, and to assure that the Native Hawaiian

2 governing body exercises its authority consistent

3 with the requirements of section 202 of the Act

4 of April 11, 1968 (25 U.S.C. 1302);

5 (C) prevent the sale, disposition, lease, or

6 encumbrance of lands, interests in lands, or

7 other assets of the Native Hawaiian governing

8 body without the consent of the Native Hawai9 ian governing body;

10 (D) determine the membership in the Na11 tive Hawaiian governing body; and

12 (E) negotiate with Federal, State, and

13 local governments, and other entities.

14 (d) FEDERAL RECOGNITION.—

15 (1) RECOGNITION.—Notwithstanding any other

16 provision of law, upon the approval by the Secretary

17 of the organic governing documents of the Native

18 Hawaiian governing body and the election of officers

19 of the Native Hawaiian governing body, Federal rec20 ognition is hereby extended to the Native Hawaiian

21 governing body as the representative governing body

22 of the Native Hawaiian people.

23 (2) NO DIMINISHMENT OF RIGHTS OR PRIVI24 LEGES.—Nothing contained in this Act shall dimin25 ish, alter, or amend any existing rights or privileges
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1 enjoyed by the Native Hawaiian people which are

2 not inconsistent with the provisions of this Act.

3 (e) INCORPORATION OF THE NATIVE HAWAIIAN GOV4 ERNING BODY.—

5 (1) CHARTER OF INCORPORATION.—Upon peti6 tion of the Native Hawaiian governing body, the

7 Secretary may issue a charter of incorporation to

8 the Native Hawaiian governing body. Upon the

9 issuance of such charter of incorporation, the Native

10 Hawaiian governing body shall have the same status

11 under Federal law when acting in its corporate ca12 pacity as the status of Indian tribes that have been

13 issued a charter of incorporation under the authority

14 of section 17 of the Indian Reorganization Act (25

15 U.S.C. 477).

16 (2) ENUMERATED POWERS.—Such charter may

17 authorize the incorporated Native Hawaiian gov18 erning body to exercise the power to purchase, take

19 by gift, bequest, or otherwise, own, hold, manage,

20 operate, and dispose of property of every description,

21 real and personal, including the power to purchase

22 lands and to issue an exchange of interests in cor23 porate property, and such further powers as may be

24 incidental to the conduct of corporate business, and

25 that are not inconsistent with law.
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1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated such sums as

3 may be necessary to carry out the activities authorized in

4 sections 4, 6, and 7 of this Act.

5 SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AU6 THORITY; NEGOTIATIONS.

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

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

9 conditions of Native Hawaiians contained in the Act enti10 tled ‘‘An Act to provide for the admission of the State

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

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

13 (b) NEGOTIATIONS.—Upon the Federal recognition

14 of the Native Hawaiian governing body pursuant to sec15 tion 7(d) of this Act, the United States is authorized to

16 negotiate and enter into an agreement with the State of

17 Hawaii and the Native Hawaiian governing body regard18 ing the transfer of lands, resources, and assets dedicated

19 to Native Hawaiian use under existing law as in effect

20 on the date of enactment of this Act to the Native Hawai21 ian governing body.

22 SEC. 10. DISCLAIMER.

23 Nothing in this Act is intended to serve as a settle24 ment of any claims against the United States.
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1 SEC. 11. REGULATIONS.

2 The Secretary is authorized to make such rules and

3 regulations and such delegations of authority as the Sec4 retary deems necessary to carry out the provisions of this

5 Act.

6 SEC. 12. SEVERABILITY.

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

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

9 is the intent of Congress that the remaining sections or

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

11 Act, shall continue in full force and effect.

Æ