II

Calendar No. 840

106TH CONGRESS

2D SESSION S. 2899

[Report No. 106–424]

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

SEPTEMBER 27 (legislative day, SEPTEMBER 22), 2000

Reported by Mr. CAMPBELL, with an amendment and an amendment to the

title

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

A BILL

To express the policy of the United States regarding the

United States’ relationship with Native Hawaiians, and

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

3 native people of the United States;

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

5 State of Hawaii are indigenous, native people of the

6 United States;

7 (3) the United States has a special trust rela8 tionship to promote the welfare of the native people

9 of the United States, including Native Hawaiians;

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

11 United States, Congress exercised its constitutional

12 authority to confirm a treaty between the United

13 States and the government that represented the Ha14 waiian people, and from 1826 until 1893, the United

15 States recognized the independence of the Kingdom

16 of Hawaii, extended full diplomatic recognition to

17 the Hawaiian Government, and entered into treaties

18 and conventions with the Hawaiian monarchs to gov19 ern commerce and navigation in 1826, 1842, 1849,

20 1875, and 1887;

21 (5) pursuant to the provisions of the Hawaiian

22 Homes Commission Act, 1920 (42 Stat. 108, chap23 ter 42), the United States set aside 200,000 acres

24 of land in the Federal territory that later became
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1 the State of Hawaii in order to establish a homeland

2 for the native people of Hawaii, Native Hawaiians;

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

4 Native Hawaiian homesteads and farms, the Act as5 sists the Native Hawaiian community in maintaining

6 distinct native settlements throughout the State of

7 Hawaii;

8 (7) approximately 6,800 Native Hawaiian les9 sees and their family members reside on Hawaiian

10 Home Lands and approximately 18,000 Native Ha11 waiians who are eligible to reside on the Home

12 Lands are on a waiting list to receive assignments

13 of land;

14 (8) the Hawaiian Home Lands continue to pro15 vide an important foundation for the ability of the

16 Native Hawaiian community to maintain the prac17 tice of Native Hawaiian culture, language, and tradi18 tions, and Native Hawaiians have maintained other

19 distinctly native areas in Hawaii;

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

21 150 (107 Stat. 1510) (commonly known as the Apol22 ogy Resolution) was enacted into law, extending an

23 apology on behalf of the United States to the Native

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

25 overthrow of the Kingdom of Hawaii;
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1 (10) the Apology Resolution acknowledges that

2 the overthrow of the Kingdom of Hawaii occurred

3 with the active participation of agents and citizens

4 of the United States and further acknowledges that

5 the Native Hawaiian people never directly relin6 quished their claims to their inherent sovereignty as

7 a people over their national lands to the United

8 States, either through their monarchy or through a

9 plebiscite or referendum;

10 (11) the Apology Resolution expresses the com11 mitment of Congress and the President to acknowl12 edge the ramifications of the overthrow of the King13 dom of Hawaii and to support reconciliation efforts

14 between the United States and Native Hawaiians;

15 and to have Congress and the President, through the

16 President’s designated officials, consult with Native

17 Hawaiians on the reconciliation process as called for

18 under the Apology Resolution;

19 (12) despite the overthrow of the Hawaiian gov20 ernment, Native Hawaiians have continued to main21 tain their separate identity as a distinct native com22 munity through the formation of cultural, social, and

23 political institutions, and to give expression to their

24 rights as native people to self-determination and
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1 self-governance as evidenced through their participa2 tion in the Office of Hawaiian Affairs;

3 (13) Native Hawaiians also maintain a distinct

4 Native Hawaiian community through the provision

5 of governmental services to Native Hawaiians, in6 cluding the provision of health care services, edu7 cational programs, employment and training pro8 grams, children’s services, conservation programs,

9 fish and wildlife protection, agricultural programs,

10 native language immersion programs and native lan11 guage immersion schools from kindergarten through

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

13 programs in native language immersion instruction,

14 and traditional justice programs, and by continuing

15 their efforts to enhance Native Hawaiian self-deter16 mination and local control;

17 (14) Native Hawaiians are actively engaged in

18 Native Hawaiian cultural practices, traditional agri19 cultural methods, fishing and subsistence practices,

20 maintenance of cultural use areas and sacred sites,

21 protection of burial sites, and the exercise of their

22 traditional rights to gather medicinal plants and

23 herbs, and food sources;

24 (15) the Native Hawaiian people wish to pre25 serve, develop, and transmit to future Native Hawai-
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1 ian generations their ancestral lands and Native Ha2 waiian political and cultural identity in accordance

3 with their traditions, beliefs, customs and practices,

4 language, and social and political institutions, and to

5 achieve greater self-determination over their own af6 fairs;

7 (16) this Act responds to the desire of the Na8 tive Hawaiian people for enhanced self-determination

9 by establishing a process within the framework of

10 Federal law for the Native Hawaiian people to exer11 cise their inherent rights as a distinct aboriginal, in12 digenous, native community to reorganize a Native

13 Hawaiian governing body for the purpose of giving

14 expression to their rights as native people to self-de15 termination and self-governance;

16 (17) the United States has declared that—

17 (A) the United States has a special respon18 sibility for the welfare of the native peoples of

19 the United States, including Native Hawaiians;

20 (B) Congress has identified Native Hawai21 ians as a distinct indigenous group within the

22 scope of its Indian affairs power, and has en23 acted dozens of statutes on their behalf pursu24 ant to its recognized trust responsibility; and
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1 (C) Congress has also delegated broad au2 thority to administer a portion of the federal

3 trust responsibility to the State of Hawaii;

4 (18) the United States has recognized and re5 affirmed the special trust relationship with the Na6 tive Hawaiian people through—

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

8 Act to provide for the admission of the State of

9 Hawaii into the Union’’, approved March 18,

10 1959 (Public Law 86–3; 73 Stat. 4) by—

11 (i) ceding to the State of Hawaii title

12 to the public lands formerly held by the

13 United States, and mandating that those

14 lands be held in public trust for the better15 ment of the conditions of Native Hawai16 ians; and

17 (ii) transferring the United States’ re18 sponsibility for the administration of the

19 Hawaiian Home Lands to the State of Ha20 waii, but retaining the authority to enforce

21 the trust, including the exclusive right of

22 the United States to consent to any actions

23 affecting the lands which comprise the cor24 pus of the trust and any amendments to

25 the Hawaiian Homes Commission Act,
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1 1920 (42 Stat. 108, chapter 42) that are

2 enacted by the legislature of the State of

3 Hawaii affecting the beneficiaries under

4 the Act;

5 (19) the United States continually has recog6 nized and reaffirmed that—

7 (A) Native Hawaiians have a cultural, his8 toric, and land-based link to the aboriginal, na9 tive people who exercised sovereignty over the

10 Hawaiian Islands;

11 (B) Native Hawaiians have never relin12 quished their claims to sovereignty or their sov13 ereign lands;

14 (C) the United States extends services to

15 Native Hawaiians because of their unique sta16 tus as the aboriginal, native people of a once

17 sovereign nation with whom the United States

18 has a political and legal relationship; and

19 (D) the special trust relationship of Amer20 ican Indians, Alaska Natives, and Native Ha21 waiians to the United States arises out of their

22 status as aboriginal, indigenous, native people

23 of the United States.

24 SEC. 2. DEFINITIONS.

25 In this Act:
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1 (1) ABORIGINAL, INDIGENOUS, NATIVE PEO2 PLE.—The term ‘‘aboriginal, indigenous, native peo3 ple’’ means those people whom Congress has recog4 nized as the original inhabitants of the lands and

5 who exercised sovereignty prior to European contact

6 in the areas that later became part of the United

7 States;

8 (2) ADULT MEMBERS.—The term ‘‘adult mem9 bers’’ means those Native Hawaiians who have at10 tained the age of 18 at the time the Secretary pub11 lishes the initial roll in the Federal Register, as pro12 vided in section 7(a)(4) of this Act.

13 (3) APOLOGY RESOLUTION.—The term ‘‘Apol14 ogy Resolution’’ means Public Law 103–150 (107

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

16 Native Hawaiians on behalf of the United States for

17 the participation of agents of the United States in

18 the January 17, 1893 overthrow of the Kingdom of

19 Hawaii.

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

21 means the commission established in section 7 of

22 this Act to certify that the adult members of the Na23 tive Hawaiian community contained on the roll de24 veloped under that section meet the definition of Na25 tive Hawaiian, as defined in paragraph (6)(A).
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1 (5) INDIGENOUS, NATIVE PEOPLE.—The term

2 ‘‘indigenous, native people’’ means the lineal de3 scendants of the aboriginal, indigenous, native peo4 ple of the United States.

5 (6) NATIVE HAWAIIAN.—

6 (A) Prior to the recognition by the United

7 States of a Native Hawaiian governing body

8 under the authority of section 7(d) of this Act,

9 the term ‘‘Native Hawaiian’’ means the indige10 nous, native people of Hawaii who are the lineal

11 descendants of the aboriginal, indigenous, na12 tive people who resided in the islands that now

13 comprise the State of Hawaii on January 1,

14 1893, and who occupied and exercised sov15 ereignty in the Hawaiian archipelago, including

16 the area that now constitutes the State of Ha17 waii, as evidenced by (but not limited to)—

18 (i) genealogical records;

19 (ii) Native Hawaiian kupuna (elders)

20 verification or affidavits;

21 (iii) church or census records; or

22 (iv) government birth or death certifi23 cates or other vital statistics records;

24 (B) Following the recognition by the

25 United States of the Native Hawaiian gov-
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1 erning body under section 7(d) of this Act, the

2 term ‘‘Native Hawaiian’’ shall have the mean3 ing given to such term in the organic governing

4 documents of the Native Hawaiian governing

5 body.

6 (7) NATIVE HAWAIIAN GOVERNING BODY.—The

7 term ‘‘Native Hawaiian governing body’’ means the

8 adult members of the governing body of the Native

9 Hawaiian people that is recognized by the United

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

11 Act.

12 (8) NATIVE HAWAIIAN INTERIM GOVERNING

13 COUNCIL.—The term ‘‘Native Hawaiian Interim

14 Governing Council’’ means the interim governing

15 council that is authorized to exercise the powers and

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

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

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

19 this Act.

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

21 means the Secretary of the Department of the Inte22 rior.

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

24 means the Native Hawaiian Interagency Task Force
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1 established under the authority of section 6 of this

2 Act.

3 SEC. 3. UNITED STATES POLICY.

4 The United States reaffirms that—

5 (1) Native Hawaiians are a unique and distinct

6 aboriginal, indigenous, native people, with whom the

7 United States has a political and legal relationship;

8 (2) the United States has a special trust rela9 tionship to promote the welfare of Native Hawaiians;

10 (3) Congress possesses the authority under the

11 Constitution to enact legislation to address the con12 ditions of Native Hawaiians and has exercised this

13 authority through the enactment of—

14 (A) the Hawaiian Homes Commission Act,

15 1920 (42 Stat. 108, chapter 42);

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

17 the admission of the State of Hawaii into the

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

19 86–3; 73 Stat. 4); and

20 (C) more than 150 other Federal laws ad21 dressing the conditions of Native Hawaiians;

22 (4) Native Hawaiians have—

23 (A) an inherent right to autonomy in their

24 internal affairs;
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1 (B) an inherent right of self-determination

2 and self-governance; and

3 (C) the right to reorganize a Native Ha4 waiian governing body; 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 SEC. 4. ESTABLISHMENT OF THE OFFICE OF SPECIAL

9 TRUSTEE FOR NATIVE HAWAIIAN AFFAIRS.

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

11 Office of the Secretary of the Department of the Interior

12 the Office of Special Trustee for Native Hawaiian Affairs.

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

14 Trustee for Native Hawaiian Affairs shall—

15 (1) effectuate and coordinate the special trust

16 relationship between the Native Hawaiian people

17 and the United States through the Secretary, and

18 with all other Federal agencies;

19 (2) upon the recognition of the Native Hawai20 ian governing body by the United States as provided

21 for in section 7(d) of this Act, effectuate and coordi22 nate the special trust relationship between the Na23 tive Hawaiian governing body and the United States

24 through the Secretary, and with all other Federal

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

2 meaningful, regular, and appropriate consultation

3 with the Native Hawaiian people by providing timely

4 notice to, and consulting with the Native Hawaiian

5 people prior to taking any actions that may have the

6 potential to significantly or uniquely affect Native

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

8 recognition of the Native Hawaiian governing body

9 as provided for in section 7(d) of this Act, fully inte10 grate the principle and practice of meaningful, reg11 ular, and appropriate consultation with the Native

12 Hawaiian governing body by providing timely notice

13 to, and consulting with the Native Hawaiian people

14 prior to taking any actions that may have the poten15 tial to significantly affect Native Hawaiian re16 sources, rights, or lands;

17 (4) consult with the Native Hawaiian Inter18 agency Task Force, other Federal agencies, and with

19 relevant agencies of the State of Hawaii on policies,

20 practices, and proposed actions affecting Native Ha21 waiian resources, rights, or lands;

22 (5) be responsible for the preparation and sub23 mittal to the Committee on Indian Affairs of the

24 Senate, the Committee on Energy and Natural Re25 sources of the Senate, and the Committee on Re-
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1 sources of the House of Representatives of an an2 nual report detailing the activities of the Interagency

3 Task Force established under section 6 of this Act

4 that are undertaken with respect to the continuing

5 process of reconciliation and to effect meaningful

6 consultation with the Native Hawaiian people and

7 the Native Hawaiian governing body and providing

8 recommendations for any necessary changes to exist9 ing Federal statutes or regulations promulgated

10 under the authority of Federal law;

11 (6) be responsible for continuing the process of

12 reconciliation with the Native Hawaiian people, and

13 upon the recognition of the Native Hawaiian gov14 erning body by the United States as provided for in

15 section 7(d) of this Act, be responsible for con16 tinuing the process of reconciliation with the Native

17 Hawaiian governing body; and

18 (7) assist the Native Hawaiian people in facili19 tating a process for self-determination, including but

20 not limited to the provision of technical assistance in

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

22 Act, the organization of the Native Hawaiian In23 terim Governing Council as provided for in section

24 7(b) of this Act, and the reorganization of the Na-
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1 tive Hawaiian governing body as provided for in sec2 tion 7(c) of this Act.

3 SEC. 5. DESIGNATION OF DEPARTMENT OF JUSTICE REP4 RESENTATIVE.

5 The Attorney General shall designate an appropriate

6 official within the Department of Justice to assist the Of7 fice of the Special Trustee for Native Hawaiian Affairs

8 in the implementation and protection of the rights of Na9 tive Hawaiians and their political and legal relationship

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

11 Native Hawaiian governing body as provided for in section

12 7(d) of this Act, in the implementation and protection of

13 the rights of the Native Hawaiian governing body and its

14 political and legal relationship with the United States.

15 SEC. 6. NATIVE HAWAIIAN INTERAGENCY TASK FORCE.

16 (a) ESTABLISHMENT.—There is established an inter17 agency task force to be known as the ‘‘Native Hawaiian

18 Interagency Task Force’’.

19 (b) COMPOSITION.—The Task Force shall be com20 posed of officials, to be appointed by the President,

21 from—

22 (1) each Federal agency that establishes or im23 plements policies that affect Native Hawaiians or

24 whose actions may significantly or uniquely impact

25 on Native Hawaiian resources, rights, or lands;
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1 (2) the Office of the Special Trustee for Native

2 Hawaiian Affairs established under section 4 of this

3 Act; and

4 (3) the Executive Office of the President.

5 (c) LEAD AGENCIES.—The Department of the Inte6 rior and the Department of Justice shall serve as the lead

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

8 Force shall be convened at the request of the lead agen9 cies.

10 (d) CO-CHAIRS.—The Task Force representative of

11 the Office of Special Trustee for Native Hawaiian Affairs

12 established under the authority of section 4 of this Act

13 and the Attorney General’s designee under the authority

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

15 Force.

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

17 Task Force shall be—

18 (1) the coordination of Federal policies that af19 fect Native Hawaiians or actions by any agency or

20 agencies of the Federal Government which may sig21 nificantly or uniquely impact on Native Hawaiian re22 sources, rights, or lands;

23 (2) to assure that each Federal agency develops

24 a policy on consultation with the Native Hawaiian

25 people, and upon recognition of the Native Hawaiian
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1 governing body by the United States as provided in

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

3 Hawaiian governing body; and

4 (3) to assure the participation of each Federal

5 agency in the development of the report to Congress

6 authorized in section 4(b)(5) of this Act.

7 SEC. 7. PROCESS FOR THE DEVELOPMENT OF A ROLL FOR

8 THE ORGANIZATION OF A NATIVE HAWAIIAN

9 INTERIM GOVERNING COUNCIL, FOR THE OR10 GANIZATION OF A NATIVE HAWAIIAN IN11 TERIM GOVERNING COUNCIL AND A NATIVE

12 HAWAIIAN GOVERNING BODY, AND FOR THE

13 RECOGNITION OF THE NATIVE HAWAIIAN

14 GOVERNING BODY.

15 (a) ROLL.—

16 (1) PREPARATION OF ROLL.—The adult mem17 bers of the Native Hawaiian community who wish to

18 participate in the reorganization of a Native Hawai19 ian governing body shall prepare a roll for the pur20 pose of the organization of a Native Hawaiian In21 terim Governing Council. The roll shall include the

22 names of—

23 (A) the adult members of the Native Ha24 waiian community who wish to become mem25 bers of a Native Hawaiian governing body and
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1 who are the lineal descendants of the aborigi2 nal, indigenous, native people who resided in

3 the islands that now comprise the State of Ha4 waii on January 1, 1893, and who occupied and

5 exercised sovereignty in the Hawaiian archi6 pelago, including the area that now constitutes

7 the State of Hawaii, as evidenced by (but not

8 limited to)—

9 (i) genealogical records;

10 (ii) Native Hawaiian kupuna (elders)

11 verification or affidavits;

12 (iii) church or census records; or

13 (iv) government birth or death certifi14 cates or other vital statistics records; and

15 (B) the children of the adult members list16 ed on the roll prepared under this subsection.

17 (2) CERTIFICATION AND SUBMISSION.—

18 (A) COMMISSION.—There is authorized to

19 be established a Commission to be composed of

20 9 members for the purpose of certifying that

21 the adult members of the Native Hawaiian com22 munity on the roll meet the definition of Native

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

24 Act. The members of the Commission shall have
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1 expertise in the certification of Native Hawaiian

2 ancestry.

3 (B) CERTIFICATION.—The Commission

4 shall certify to the Secretary that the individ5 uals listed on the roll developed under the au6 thority of this subsection are Native Hawaiians,

7 as defined in section 2(6)(A) of this Act, and

8 shall submit such roll to the Secretary.

9 (3) NOTIFICATION.—The Commission shall

10 promptly provide notice to the Secretary if any of

11 the individuals listed on the roll should be removed

12 from the roll on account of death.

13 (4) PUBLICATION.—Within 45 days of the re14 ceipt by the Secretary of the roll developed under

15 the authority of this subsection and certified by the

16 Commission under the authority of paragraph (2),

17 the Secretary shall certify that the roll is consistent

18 with applicable Federal law by publishing the roll in

19 the Federal Register.

20 (5) EFFECT OF PUBLICATION.—The publication

21 of the roll developed under the authority of this sub22 section shall be for the purpose of providing any

23 member of the public with an opportunity to—

24 (A) petition the Secretary to add to the

25 roll the name of an individual who meets the
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1 definition of Native Hawaiian, as defined in

2 section 2(6)(A) of this Act, and who is not list3 ed on the roll; or

4 (B) petition the Secretary to remove from

5 the roll the name of an individual who does not

6 meet such definition.

7 (6) DEADLINE FOR PETITIONS.—Any petition

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

9 Secretary within 90 days of the date of the publica10 tion of the roll in the Federal Register, as author11 ized under paragraph (4).

12 (7) CERTIFICATION OF ADDITIONAL NATIVE

13 HAWAIIANS FOR INCLUSION ON THE ROLL.—

14 (A) SUBMISSION.—Within 30 days of re15 ceiving a petition to add the name of an indi16 vidual to the roll, the Secretary shall submit the

17 name of each individual who is the subject of a

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

19 the Commission for certification that the indi20 vidual meets the definition of Native Hawaiian,

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

22 (B) CERTIFICATION.—Within 30 days of

23 receiving a petition from the Secretary to have

24 a name added to or removed from the roll, the
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1 Commission shall certify to the Secretary

2 that—

3 (i) the individual meets the definition

4 of Native Hawaiian, as defined in section

5 2(6)(A) of this Act; or

6 (ii) the individual does not meet the

7 definition of Native Hawaiian, as so de8 fined.

9 Upon such certification, the Secretary shall add

10 or remove the name of the individual on the

11 roll, as appropriate.

12 (8) HEARING.—

13 (A) IN GENERAL.—The Secretary shall

14 conduct a hearing on the record within 45 days

15 of the receipt by the Secretary of—

16 (i) a certification by the Commission

17 that an individual does not meet the defini18 tion of Native Hawaiian, as defined in sec19 tion 2(6)(A) of this Act; or

20 (ii) a petition to remove the name of

21 any individual listed on the roll submitted

22 to the Secretary by the Commission.

23 (B) TESTIMONY.—At the hearing con24 ducted in accordance with this paragraph, the

25 Secretary may receive testimony from the peti-
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1 tioner, a representative of the Commission, the

2 individual whose name is the subject of the pe3 tition, and any other individuals who may have

4 the necessary expertise to provide the Secretary

5 with relevant information regarding whether the

6 individual whose name is the subject of a peti7 tion meets the definition of Native Hawaiian, as

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

9 (C) FINAL DETERMINATION.—Within 30

10 days of the date of the conclusion of the hear11 ing conducted in accordance with this para12 graph, the Secretary shall make a determina13 tion regarding whether the individual whose

14 name is the subject of a petition meets the defi15 nition of Native Hawaiian, as defined in section

16 2(6)(A) of this Act. Such a determination shall

17 be a final determination for purposes of judicial

18 review.

19 (9) JUDICIAL REVIEW.—

20 (A) FINAL JUDGMENT.—The United

21 States District Court for the District of Hawaii

22 shall have jurisdiction to review the record of

23 the decision developed by the Secretary and the

24 Secretary’s final determination under para-
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1 graph (8) and shall make a final judgment re2 garding such determination.

3 (B) NOTICE.—If the district court deter4 mines that an individual’s name should be

5 added to the roll because that individual meets

6 the definition of Native Hawaiian, as defined in

7 section 2(6)(A) of this Act, or that an individ8 ual’s name should be removed from the roll be9 cause that individual does not meet such defini10 tion, the district court shall so advise the Sec11 retary and the Secretary shall add or remove

12 the individual’s name from the roll, consistent

13 with the instructions of the district court.

14 (10) PUBLICATION OF FINAL ROLL.—Except

15 for those petitions which remain the subject of judi16 cial review under the authority of paragraph (9), the

17 Secretary shall—

18 (A) publish a final roll in the Federal Reg19 ister within 290 days of the receipt by the Sec20 retary of the roll prepared under the authority

21 of paragraph (1); and

22 (B) subsequently publish in the Federal

23 Register the names of any individuals that the

24 district court directs be added or removed from

25 the roll.
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1 (11) EFFECT OF PUBLICATION.—The publica2 tion of the final roll shall serve as the basis for the

3 eligibility of adult members listed on the roll to par4 ticipate in all referenda and elections associated with

5 the organization of a Native Hawaiian Interim Gov6 erning Council.

7 (b) ORGANIZATION OF THE NATIVE HAWAIIAN IN8 TERIM GOVERNING COUNCIL.—

9 (1) ORGANIZATION.—

10 (A) DATE OF GENERAL MEETING.—Within

11 90 days of the date of the publication of the

12 final roll in the Federal Register, the Secretary

13 shall announce the date of a general meeting of

14 the adult members of those listed on the roll to

15 nominate candidates from among the adult

16 members listed on the roll for election to the

17 Native Hawaiian Interim Governing Council.

18 The criteria for candidates to serve on the Na19 tive Hawaiian Interim Governing Council shall

20 be developed by the adult members listed on the

21 roll at the general meeting. The general meet22 ing may consist of meetings on each island or

23 at such sites as to secure the maximum partici24 pation of the adult members listed on the roll.

25 Such general meeting (or meetings) shall be
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1 held within 30 days of the Secretary’s an2 nouncement.

3 (B) ELECTION.—Within 45 days of the

4 general meeting (or meetings), the Secretary

5 shall assist the Native Hawaiian community in

6 holding an election by secret ballot (absentee

7 and mail balloting permitted), to elect the mem8 bership of the Native Hawaiian Interim Gov9 erning Council from among the nominees sub10 mitted to the Secretary from the general meet11 ing. The ballots shall provide for write-in votes.

12 (C) APPROVAL.—The Secretary shall ap13 prove the Native Hawaiian Interim Governing

14 Council elected pursuant to this subsection if

15 the requirements of this section relating to the

16 nominating and election process have been met.

17 (2) POWERS.—

18 (A) IN GENERAL.—The Native Hawaiian

19 Interim Governing Council shall represent those

20 on the roll in the implementation of this Act

21 and shall have no powers other than those given

22 to it in accordance with this Act.

23 (B) TERMINATION.—The Native Hawaiian

24 Interim Governing Council shall have no power

25 or authority under this Act after the time which
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1 the duly elected officers of the Native Hawaiian

2 governing body take office.

3 (3) DUTIES.—

4 (A) REFERENDUM.—The Native Hawaiian

5 Interim Governing Council shall conduct a ref6 erendum of the adult members listed on the roll

7 for the purpose of determining (but not limited

8 to) the following:

9 (i) The proposed elements of the or10 ganic governing documents of a Native

11 Hawaiian governing body.

12 (ii) The proposed powers and authori13 ties to be exercised by a Native Hawaiian

14 governing body, as well as the proposed

15 privileges and immunities of a Native Ha16 waiian governing body.

17 (iii) The proposed civil rights and pro18 tection of such rights of the members of a

19 Native Hawaiian governing body and all

20 persons subject to the authority of a Na21 tive Hawaiian governing body.

22 (B) DEVELOPMENT OF ORGANIC GOV23 ERNING DOCUMENTS.—Based upon the ref24 erendum authorized in subparagraph (A), the

25 Native Hawaiian Interim Governing Council
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1 shall develop proposed organic governing docu2 ments for a Native Hawaiian governing body.

3 (C) DISTRIBUTION.—The Council shall

4 distribute to all adult members of those listed

5 on the roll, a copy of the proposed organic gov6 erning documents, as drafted by the Native Ha7 waiian Interim Governing Council, along with a

8 brief impartial description of the proposed or9 ganic governing documents.

10 (D) CONSULTATION.—The Native Hawai11 ian Interim Governing Council shall freely con12 sult with those listed on the roll concerning the

13 text and description of the proposed organic

14 governing documents.

15 (4) ELECTIONS.—

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

17 the Native Hawaiian Interim Governing Coun18 cil, the Secretary shall hold an election for the

19 purpose of ratifying the proposed organic gov20 erning documents. If the Secretary fails to act

21 within 45 days of the request by the Council,

22 the Council is authorized to conduct the elec23 tion.

24 (B) FAILURE TO ADOPT GOVERNING DOCU25 MENTS.—If the proposed organic governing
29

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1 documents are not adopted by a majority vote

2 of the adult members listed on the roll, the Na3 tive Hawaiian Interim Governing Council shall

4 consult with the adult members listed on the

5 roll to determine which elements of the pro6 posed organic governing documents were found

7 to be unacceptable, and based upon such con8 sultation, the Council shall propose changes to

9 the proposed organic governing documents.

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

11 Native Hawaiian Interim Governing Council,

12 the Secretary shall hold a second election for

13 the purpose of ratifying the proposed organic

14 governing documents. If the Secretary fails to

15 act within 45 days of the request by the Coun16 cil, the Council is authorized to conduct the sec17 ond election.

18 (c) ORGANIZATION OF THE NATIVE HAWAIIAN GOV19 ERNING BODY.—

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

21 the Native Hawaiian governing body of the indige22 nous, native people of Hawaii to organize for its

23 common welfare, and to adopt appropriate organic

24 governing documents is hereby recognized by the

25 United States.
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1 (2) RATIFICATION.—The organic governing

2 documents of the Native Hawaiian governing body

3 shall become effective when ratified by a majority

4 vote of the adult members listed on the roll, and ap5 proved by the Secretary upon the Secretary’s deter6 mination that the organic governing documents are

7 consistent with applicable Federal law and the spe8 cial trust relationship between the United States and

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

10 a determination within 45 days of the ratification of

11 the organic governing documents by the adult mem12 bers listed on the roll, the organic governing docu13 ments shall be deemed to have been approved by the

14 Secretary.

15 (3) ELECTION OF GOVERNING OFFICERS.—

16 Within 45 days after the Secretary has approved the

17 organic governing documents or the organic gov18 erning documents are deemed approved, the Sec19 retary shall assist the Native Hawaiian Interim Gov20 erning Council in holding an election by secret ballot

21 for the purpose of determining the individuals who

22 will serve as governing body officers as provided in

23 the organic governing documents.

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

25 this initial election and notwithstanding any provi-
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1 sion in the organic governing documents to the con2 trary, absentee balloting shall be permitted and all

3 adult members of the Native Hawaiian governing

4 body shall be entitled to vote in the election.

5 (5) FUTURE ELECTIONS.—All further elections

6 of governing body officers shall be conducted as pro7 vided for in the organic governing documents and

8 ordinances adopted in accordance with this Act.

9 (6) REVOCATION; RATIFICATION OF AMEND10 MENTS.—When ratified by a majority vote of the

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

12 governing documents shall be revocable by an elec13 tion open to the adult members of the Native Ha14 waiian governing body, and amendments to the or15 ganic governing documents may be ratified by the

16 same process.

17 (7) ADDITIONAL RIGHTS AND POWERS.—In ad18 dition to all powers vested in the Native Hawaiian

19 governing body by the duly ratified organic gov20 erning documents, the organic governing documents

21 shall also vest in the Native Hawaiian governing

22 body the rights and powers to—

23 (A) exercise those governmental authorities

24 that are recognized by the United States as the

25 powers and authorities that are exercised by
32

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1 other governments representing the indigenous,

2 native people of the United States;

3 (B) provide for the protection of the civil

4 rights of the members of the Native Hawaiian

5 governing body and all persons subject to the

6 authority of the Native Hawaiian governing

7 body, and to assure that the Native Hawaiian

8 governing body exercises its authority consistent

9 with the requirements of section 202 of the Act

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

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

12 encumbrance of lands, interests in lands, or

13 other assets of the Native Hawaiian governing

14 body without the consent of the Native Hawai15 ian governing body;

16 (D) determine the membership in the Na17 tive Hawaiian governing body; and

18 (E) negotiate with Federal, State, and

19 local governments, and other entities.

20 (d) FEDERAL RECOGNITION.—

21 (1) RECOGNITION.—Notwithstanding any other

22 provision of law, upon the approval by the Secretary

23 of the organic governing documents of the Native

24 Hawaiian governing body and the election of officers

25 of the Native Hawaiian governing body, Federal rec-
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1 ognition is hereby extended to the Native Hawaiian

2 governing body as the representative governing body

3 of the Native Hawaiian people.

4 (2) NO DIMINISHMENT OF RIGHTS OR PRIVI5 LEGES.—Nothing contained in this Act shall dimin6 ish, alter, or amend any existing rights or privileges

7 enjoyed by the Native Hawaiian people which are

8 not inconsistent with the provisions of this Act.

9 (e) INCORPORATION OF THE NATIVE HAWAIIAN GOV10 ERNING BODY.—

11 (1) CHARTER OF INCORPORATION.—Upon peti12 tion of the Native Hawaiian governing body, the

13 Secretary may issue a charter of incorporation to

14 the Native Hawaiian governing body. Upon the

15 issuance of such charter of incorporation, the Native

16 Hawaiian governing body shall have the same status

17 under Federal law when acting in its corporate ca18 pacity as the status of Indian tribes that have been

19 issued a charter of incorporation under the authority

20 of section 17 of the Indian Reorganization Act (25

21 U.S.C. 477).

22 (2) ENUMERATED POWERS.—Such charter may

23 authorize the incorporated Native Hawaiian gov24 erning body to exercise the power to purchase, take

25 by gift, bequest, or otherwise, own, hold, manage,
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1 operate, and dispose of property of every description,

2 real and personal, including the power to purchase

3 lands and to issue an exchange of interests in cor4 porate property, and such further powers as may be

5 incidental to the conduct of corporate business, and

6 that are not inconsistent with law.

7 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

8 There is authorized to be appropriated such sums as

9 may be necessary to carry out the activities authorized in

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

11 SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AU12 THORITY; NEGOTIATIONS.

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

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

15 conditions of Native Hawaiians contained in the Act enti16 tled ‘‘An Act to provide for the admission of the State

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

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

19 (b) NEGOTIATIONS.—Upon the Federal recognition

20 of the Native Hawaiian governing body pursuant to sec21 tion 7(d) of this Act, the United States is authorized to

22 negotiate and enter into an agreement with the State of

23 Hawaii and the Native Hawaiian governing body regard24 ing the transfer of lands, resources, and assets dedicated

25 to Native Hawaiian use under existing law as in effect
35

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1 on the date of enactment of this Act to the Native Hawai2 ian governing body.

3 SEC. 10. DISCLAIMER.

4 Nothing in this Act is intended to serve as a settle5 ment of any claims against the United States.

6 SEC. 11. REGULATIONS.

7 The Secretary is authorized to make such rules and

8 regulations and such delegations of authority as the Sec9 retary deems necessary to carry out the provisions of this

10 Act.

11 SEC. 12. SEVERABILITY.

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

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

14 is the intent of Congress that the remaining sections or

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

16 Act, shall continue in full force and effect.

17 SECTION 1. FINDINGS.

18 Congress makes the following findings:

19 (1) The Constitution vests Congress with the au20 thority to address the conditions of the indigenous,

21 native people of the United States.

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

23 Hawaiian archipelago which is now part of the

24 United States, are indigenous, native people of the

25 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 United

5 States, Congress exercised its constitutional authority

6 to confirm a treaty between the United States and the

7 government that represented the Hawaiian people,

8 and from 1826 until 1893, the United States recog9 nized the independence of the Kingdom of Hawaii, ex10 tended full diplomatic recognition to the Hawaiian

11 government, and entered into treaties and conventions

12 with the Hawaiian monarchs to govern commerce and

13 navigation in 1826, 1842, 1849, 1875, and 1887.

14 (5) Pursuant to the provisions of the Hawaiian

15 Homes Commission Act, 1920 (42 Stat. 108, chapter

16 42), the United States set aside 203,500 acres of land

17 in the Federal territory that later became the State of

18 Hawaii to address the conditions of Native Hawai19 ians.

20 (6) By setting aside 203,500 acres of land for

21 Native Hawaiian homesteads and farms, the Act as22 sists the Native Hawaiian community in maintain23 ing distinct native settlements throughout the State of

24 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 Lands

5 are on a waiting list to receive assignments of land.

6 (8) In 1959, as part of the compact admitting

7 Hawaii into the United States, Congress established

8 the Ceded Lands Trust for 5 purposes, 1 of which is

9 the betterment of the conditions of Native Hawaiians.

10 Such trust consists of approximately 1,800,000 acres

11 of land, submerged lands, and the revenues derived

12 from such lands, the assets of which have never been

13 completely inventoried or segregated.

14 (9) Throughout the years, Native Hawaiians

15 have repeatedly sought access to the Ceded Lands

16 Trust and its resources and revenues in order to es17 tablish and maintain native settlements and distinct

18 native communities throughout the State.

19 (10) The Hawaiian Home Lands and the Ceded

20 Lands provide an important foundation for the abil21 ity of the Native Hawaiian community to maintain

22 the practice of Native Hawaiian culture, language,

23 and traditions, and for the survival of the Native Ha24 waiian people.
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1 (11) Native Hawaiians have maintained other

2 distinctly native areas in Hawaii.

3 (12) On November 23, 1993, Public Law 103–

4 150 (107 Stat. 1510) (commonly known as the Apol5 ogy Resolution) was enacted into law, extending an

6 apology on behalf of the United States to the Native

7 people of Hawaii for the United States role in the

8 overthrow of the Kingdom of Hawaii.

9 (13) The Apology Resolution acknowledges that

10 the overthrow of the Kingdom of Hawaii occurred

11 with the active participation of agents and citizens of

12 the United States and further acknowledges that the

13 Native Hawaiian people never directly relinquished

14 their claims to their inherent sovereignty as a people

15 over their national lands to the United States, either

16 through their monarchy or through a plebiscite or ref17 erendum.

18 (14) The Apology Resolution expresses the com19 mitment of Congress and the President to acknowledge

20 the ramifications of the overthrow of the Kingdom of

21 Hawaii and to support reconciliation efforts between

22 the United States and Native Hawaiians; and to have

23 Congress and the President, through the President’s

24 designated officials, consult with Native Hawaiians
39

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1 on the reconciliation process as called for under the

2 Apology Resolution.

3 (15) Despite the overthrow of the Hawaiian gov4 ernment, Native Hawaiians have continued to main5 tain their separate identity as a distinct native com6 munity through the formation of cultural, social, and

7 political institutions, and to give expression to their

8 rights as native people to self-determination and self9 governance as evidenced through their participation

10 in the Office of Hawaiian Affairs.

11 (16) Native Hawaiians also maintain a distinct

12 Native Hawaiian community through the provision of

13 governmental services to Native Hawaiians, including

14 the provision of health care services, educational pro15 grams, employment and training programs, children’s

16 services, conservation programs, fish and wildlife pro17 tection, agricultural programs, native language im18 mersion programs and native language immersion

19 schools from kindergarten through high school, as well

20 as college and master’s degree programs in native

21 language immersion instruction, and traditional jus22 tice programs, and by continuing their efforts to en23 hance Native Hawaiian self-determination and local

24 control.
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1 (17) Native Hawaiians are actively engaged in

2 Native Hawaiian cultural practices, traditional agri3 cultural methods, fishing and subsistence practices,

4 maintenance of cultural use areas and sacred sites,

5 protection of burial sites, and the exercise of their tra6 ditional rights to gather medicinal plants and herbs,

7 and food sources.

8 (18) The Native Hawaiian people wish to pre9 serve, develop, and transmit to future Native Hawai10 ian generations their ancestral lands and Native Ha11 waiian political and cultural identity in accordance

12 with their traditions, beliefs, customs and practices,

13 language, and social and political institutions, and to

14 achieve greater self-determination over their own af15 fairs.

16 (19) This Act provides for a process within the

17 framework of Federal law for the Native Hawaiian

18 people to exercise their inherent rights as a distinct

19 aboriginal, indigenous, native community to reorga20 nize a Native Hawaiian government for the purpose

21 of giving expression to their rights as native people

22 to self-determination and self-governance.

23 (20) The United States has declared that—
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1 (A) the United States has a special respon2 sibility for the welfare of the native peoples of the

3 United States, including Native Hawaiians;

4 (B) Congress has identified Native Hawai5 ians as a distinct indigenous group within the

6 scope of its Indian affairs power, and has en7 acted dozens of statutes on their behalf pursuant

8 to its recognized trust responsibility; and

9 (C) Congress has also delegated broad au10 thority to administer a portion of the Federal

11 trust responsibility to the State of Hawaii.

12 (21) The United States has recognized and re13 affirmed the special trust relationship with the Native

14 Hawaiian people through—

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

16 Act to provide for the admission of the State of

17 Hawaii into the Union’’, approved March 18,

18 1959 (Public Law 86–3; 73 Stat. 4) by—

19 (i) ceding to the State of Hawaii title

20 to the public lands formerly held by the

21 United States, and mandating that those

22 lands be held in public trust for 5 purposes,

23 one of which is for the betterment of the con24 ditions of Native Hawaiians; and
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1 (ii) transferring the United States re2 sponsibility for the administration of the

3 Hawaiian Home Lands to the State of Ha4 waii, but retaining the authority to enforce

5 the trust, including the exclusive right of the

6 United States to consent to any actions af7 fecting the lands which comprise the corpus

8 of the trust and any amendments to the Ha9 waiian Homes Commission Act, 1920 (42

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

11 the legislature of the State of Hawaii affect12 ing the beneficiaries under the Act.

13 (22) The United States continually has recog14 nized and reaffirmed that—

15 (A) Native Hawaiians have a cultural, his16 toric, and land-based link to the aboriginal, na17 tive people who exercised sovereignty over the

18 Hawaiian Islands;

19 (B) Native Hawaiians have never relin20 quished their claims to sovereignty or their sov21 ereign lands;

22 (C) the United States extends services to

23 Native Hawaiians because of their unique status

24 as the aboriginal, native people of a once sov-
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1 ereign nation with whom the United States has

2 a political and legal relationship; and

3 (D) the special trust relationship of Amer4 ican Indians, Alaska Natives, and Native Ha5 waiians to the United States arises out of their

6 status as aboriginal, indigenous, native people of

7 the United States.

8 SEC. 2. DEFINITIONS.

9 In this Act:

10 (1) ABORIGINAL, INDIGENOUS, NATIVE PEO11 PLE.—The term ‘‘aboriginal, indigenous, native peo12 ple’’ means those people whom Congress has recog13 nized as the original inhabitants of the lands and

14 who exercised sovereignty prior to European contact

15 in the areas that later became part of the United

16 States.

17 (2) ADULT MEMBERS.—The term ‘‘adult mem18 bers’’ means those Native Hawaiians who have at19 tained the age of 18 at the time the Secretary pub20 lishes the final roll, as provided in section 7(a)(3) of

21 this Act.

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

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

24 1510), a joint resolution offering an apology to Native

25 Hawaiians on behalf of the United States for the par-
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1 ticipation of agents of the United States in the Janu2 ary 17, 1893 overthrow of the Kingdom of Hawaii.

3 (4) CEDED LANDS.—The term ‘‘ceded lands’’

4 means those lands which were ceded to the United

5 States by the Republic of Hawaii under the Joint

6 Resolution to provide for annexing the Hawaiian Is7 lands to the United States of July 7, 1898 (30 Stat.

8 750), and which were later transferred to the State of

9 Hawaii in the Act entitled ‘‘An Act to provide for the

10 admission of the State of Hawaii into the Union’’ ap11 proved March 18, 1959 (Public Law 86–3; 73 Stat.

12 4).

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

14 means the commission established in section 7 of this

15 Act to certify that the adult members of the Native

16 Hawaiian community contained on the roll developed

17 under that section meet the definition of Native Ha18 waiian, as defined in paragraph (7)(A).

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

20 ‘‘indigenous, native people’’ means the lineal descend21 ants of the aboriginal, indigenous, native people of the

22 United States.

23 (7) NATIVE HAWAIIAN.—

24 (A) Prior to the recognition by the United

25 States of a Native Hawaiian government under
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1 the authority of section 7(d)(2) of this Act, the

2 term ‘‘Native Hawaiian’’ means the indigenous,

3 native people of Hawaii who are the lineal de4 scendants of the aboriginal, indigenous, native

5 people who resided in the islands that now com6 prise the State of Hawaii on or before January

7 1, 1893, and who occupied and exercised sov8 ereignty in the Hawaiian archipelago, including

9 the area that now constitutes the State of Ha10 waii, and includes all Native Hawaiians who

11 were eligible in 1921 for the programs authorized

12 by the Hawaiian Homes Commission Act (42

13 Stat. 108, chapter 42) and their lineal descend14 ants.

15 (B) Following the recognition by the United

16 States of the Native Hawaiian government under

17 section 7(d)(2) of this Act, the term ‘‘Native Ha18 waiian’’ shall have the meaning given to such

19 term in the organic governing documents of the

20 Native Hawaiian government.

21 (8) NATIVE HAWAIIAN GOVERNMENT.—The term

22 ‘‘Native Hawaiian government’’ means the citizens of

23 the government of the Native Hawaiian people that is

24 recognized by the United States under the authority

25 of section 7(d)(2) of this Act.
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1 (9) NATIVE HAWAIIAN INTERIM GOVERNING

2 COUNCIL.—The term ‘‘Native Hawaiian Interim Gov3 erning Council’’ means the interim governing council

4 that is organized under section 7(c) of this Act.

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

6 is developed under the authority of section 7(a) of this

7 Act.

8 (11) SECRETARY.—The term ‘‘Secretary’’ means

9 the Secretary of the Interior.

10 (12) TASK FORCE.—The term ‘‘Task Force’’

11 means the Native Hawaiian Interagency Task Force

12 established under the authority of section 6 of this

13 Act.

14 SEC. 3. UNITED STATES POLICY AND PURPOSE.

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

16 (1) Native Hawaiians are a unique and distinct

17 aboriginal, indigenous, native people, with whom the

18 United States has a political and legal relationship;

19 (2) the United States has a special trust rela20 tionship to promote the welfare of Native Hawaiians;

21 (3) Congress possesses the authority under the

22 Constitution to enact legislation to address the condi23 tions of Native Hawaiians and has exercised this au24 thority through the enactment of—
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1 (A) the Hawaiian Homes Commission Act,

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

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

4 the admission of the State of Hawaii into the

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

6 86–3; 73 Stat. 4); and

7 (C) more than 150 other Federal laws ad8 dressing the conditions of Native Hawaiians;

9 (4) Native Hawaiians have—

10 (A) an inherent right to autonomy in their

11 internal affairs;

12 (B) an inherent right of self-determination

13 and self-governance;

14 (C) the right to reorganize a Native Hawai15 ian government; and

16 (D) the right to become economically self17 sufficient; and

18 (5) the United States shall continue to engage in

19 a process of reconciliation and political relations with

20 the Native Hawaiian people.

21 (b) PURPOSE.—It is the intent of Congress that the

22 purpose of this Act is to provide a process for the reorga23 nization of a Native Hawaiian government and for the rec24 ognition by the United States of the Native Hawaiian gov-
48

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1 ernment for purposes of continuing a government-to-govern2 ment relationship.

3 SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE

4 FOR NATIVE HAWAIIAN AFFAIRS.

5 (a) IN GENERAL.—There is established within the Of6 fice of the Secretary the United States Office for Native Ha7 waiian Affairs.

8 (b) DUTIES OF THE OFFICE.—The United States Of9 fice for Native Hawaiian Affairs shall—

10 (1) effectuate and coordinate the special trust re11 lationship between the Native Hawaiian people and

12 the United States through the Secretary, and with all

13 other Federal agencies;

14 (2) upon the recognition of the Native Hawaiian

15 government by the United States as provided for in

16 section 7(d)(2) of this Act, effectuate and coordinate

17 the special trust relationship between the Native Ha18 waiian government and the United States through the

19 Secretary, and with all other Federal agencies;

20 (3) fully integrate the principle and practice of

21 meaningful, regular, and appropriate consultation

22 with the Native Hawaiian people by providing timely

23 notice to, and consulting with the Native Hawaiian

24 people prior to taking any actions that may affect

25 traditional or current Native Hawaiian practices and
49

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1 matters that may have the potential to significantly

2 or uniquely affect Native Hawaiian resources, rights,

3 or lands, and upon the recognition of the Native Ha4 waiian government as provided for in section 7(d)(2)

5 of this Act, fully integrate the principle and practice

6 of meaningful, regular, and appropriate consultation

7 with the Native Hawaiian government by providing

8 timely notice to, and consulting with the Native Ha9 waiian people and the Native Hawaiian government

10 prior to taking any actions that may have the poten11 tial to significantly affect Native Hawaiian resources,

12 rights, or lands;

13 (4) consult with the Native Hawaiian Inter14 agency Task Force, other Federal agencies, and with

15 relevant agencies of the State of Hawaii on policies,

16 practices, and proposed actions affecting Native Ha17 waiian resources, rights, or lands;

18 (5) be responsible for the preparation and sub19 mittal to the Committee on Indian Affairs of the Sen20 ate, the Committee on Energy and Natural Resources

21 of the Senate, and the Committee on Resources of the

22 House of Representatives of an annual report detail23 ing the activities of the Interagency Task Force estab24 lished under section 6 of this Act that are undertaken

25 with respect to the continuing process of reconcili-
50

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1 ation and to effect meaningful consultation with the

2 Native Hawaiian people and the Native Hawaiian

3 government and providing recommendations for any

4 necessary changes to existing Federal statutes or regu5 lations promulgated under the authority of Federal

6 law;

7 (6) be responsible for continuing the process of

8 reconciliation with the Native Hawaiian people, and

9 upon the recognition of the Native Hawaiian govern10 ment by the United States as provided for in section

11 7(d)(2) of this Act, be responsible for continuing the

12 process of reconciliation with the Native Hawaiian

13 government; and

14 (7) assist the Native Hawaiian people in facili15 tating a process for self-determination, including but

16 not limited to the provision of technical assistance in

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

18 Act, the organization of the Native Hawaiian Interim

19 Governing Council as provided for in section 7(c) of

20 this Act, and the recognition of the Native Hawaiian

21 government as provided for in section 7(d) of this Act.

22 (c) AUTHORITY.—The United States Office for Native

23 Hawaiian Affairs is authorized to enter into a contract

24 with or make grants for the purposes of the activities au-
51

•S 2899 RS

1 thorized or addressed in section 7 of this Act for a period

2 of 3 years from the date of enactment of this Act.

3 SEC. 5. DESIGNATION OF DEPARTMENT OF JUSTICE REP4 RESENTATIVE.

5 The Attorney General shall designate an appropriate

6 official within the Department of Justice to assist the

7 United States Office for Native Hawaiian Affairs in the

8 implementation and protection of the rights of Native Ha9 waiians and their political, legal, and trust relationship

10 with the United States, and upon the recognition of the Na11 tive Hawaiian government as provided for in section

12 7(d)(2) of this Act, in the implementation and protection

13 of the rights of the Native Hawaiian government and its

14 political, legal, and trust relationship with the United

15 States.

16 SEC. 6. NATIVE HAWAIIAN INTERAGENCY TASK FORCE.

17 (a) ESTABLISHMENT.—There is established an inter18 agency task force to be known as the ‘‘Native Hawaiian

19 Interagency Task Force’’.

20 (b) COMPOSITION.—The Task Force shall be composed

21 of officials, to be designated by the President, from—

22 (1) each Federal agency that establishes or im23 plements policies that affect Native Hawaiians or

24 whose actions may significantly or uniquely impact

25 on Native Hawaiian resources, rights, or lands;
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•S 2899 RS

1 (2) the United States Office for Native Hawaiian

2 Affairs established under section 4 of this Act; and

3 (3) the Executive Office of the President.

4 (c) LEAD AGENCIES.—The Department of the Interior

5 and the Department of Justice shall serve as the lead agen6 cies of the Task Force, and meetings of the Task Force shall

7 be convened at the request of either of the lead agencies.

8 (d) CO-CHAIRS.—The Task Force representative of the

9 United States Office for Native Hawaiian Affairs estab10 lished under the authority of section 4 of this Act and the

11 Attorney General’s designee under the authority of section

12 5 of this Act shall serve as co-chairs of the Task Force.

13 (e) DUTIES.—The responsibilities of the Task Force

14 shall be—

15 (1) the coordination of Federal policies that af16 fect Native Hawaiians or actions by any agency or

17 agencies of the Federal Government which may sig18 nificantly or uniquely impact on Native Hawaiian

19 resources, rights, or lands;

20 (2) to assure that each Federal agency develops

21 a policy on consultation with the Native Hawaiian

22 people, and upon recognition of the Native Hawaiian

23 government by the United States as provided in sec24 tion 7(d)(2) of this Act, consultation with the Native

25 Hawaiian government; and
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1 (3) to assure the participation of each Federal

2 agency in the development of the report to Congress

3 authorized in section 4(b)(5) of this Act.

4 SEC. 7. PROCESS FOR THE DEVELOPMENT OF A ROLL FOR

5 THE ORGANIZATION OF A NATIVE HAWAIIAN

6 INTERIM GOVERNING COUNCIL, FOR THE OR7 GANIZATION OF A NATIVE HAWAIIAN IN8 TERIM GOVERNING COUNCIL AND A NATIVE

9 HAWAIIAN GOVERNMENT, AND FOR THE REC10 OGNITION OF THE NATIVE HAWAIIAN GOV11 ERNMENT.

12 (a) ROLL.—

13 (1) PREPARATION OF ROLL.—The United States

14 Office for Native Hawaiian Affairs shall assist the

15 adult members of the Native Hawaiian community

16 who wish to participate in the reorganization of a

17 Native Hawaiian government in preparing a roll for

18 the purpose of the organization of a Native Hawaiian

19 Interim Governing Council. The roll shall include the

20 names of the—

21 (A) adult members of the Native Hawaiian

22 community who wish to become citizens of a Na23 tive Hawaiian government and who are—

24 (i) the lineal descendants of the ab25 original, indigenous, native people who re-
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1 sided in the islands that now comprise the

2 State of Hawaii on or before January 1,

3 1893, and who occupied and exercised sov4 ereignty in the Hawaiian archipelago; or

5 (ii) Native Hawaiians who were eligi6 ble in 1921 for the programs authorized by

7 the Hawaiian Homes Commission Act (42

8 Stat. 108, chapter 42) or their lineal de9 scendants; and

10 (B) the children of the adult members listed

11 on the roll prepared under this subsection.

12 (2) CERTIFICATION AND SUBMISSION.—

13 (A) COMMISSION.—

14 (i) IN GENERAL.—There is authorized

15 to be established a Commission to be com16 posed of 9 members for the purpose of certi17 fying that the adult members of the Native

18 Hawaiian community on the roll meet the

19 definition of Native Hawaiian, as defined

20 in section 2(7)(A) of this Act.

21 (ii) MEMBERSHIP.—

22 (I) APPOINTMENT.—The Secretary

23 shall appoint the members of the Com24 mission in accordance with subclause

25 (II). Any vacancy on the Commission
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1 shall not affect its powers and shall be

2 filled in the same manner as the origi3 nal appointment.

4 (II) REQUIREMENTS.—The mem5 bers of the Commission shall be Native

6 Hawaiian, as defined in section

7 2(7)(A) of this Act, and shall have ex8 pertise in the certification of Native

9 Hawaiian ancestry.

10 (III) CONGRESSIONAL SUBMIS11 SION OF SUGGESTED CANDIDATES.—In

12 appointing members of the Commis13 sion, the Secretary may choose such

14 members from among—

15 (aa) five suggested candidates

16 submitted by the Majority Leader

17 of the Senate and the Minority

18 Leader of the Senate from a list of

19 candidates provided to such lead20 ers by the Chairman and Vice

21 Chairman of the Committee on

22 Indian Affairs of the Senate; and

23 (bb) four suggested can24 didates submitted by the Speaker

25 of the House of Representatives
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1 and the Minority Leader of the

2 House of Representatives from a

3 list provided to the Speaker and

4 the Minority Leader by the Chair5 man and Ranking member of the

6 Committee on Resources of the

7 House of Representatives.

8 (iii) EXPENSES.—Each member of the

9 Commission shall be allowed travel ex10 penses, including per diem in lieu of sub11 sistence, at rates authorized for employees of

12 agencies under subchapter I of chapter 57 of

13 title 5, United States Code, while away

14 from their homes or regular places of busi15 ness in the performance of services for the

16 Commission.

17 (B) CERTIFICATION.—The Commission shall

18 certify that the individuals listed on the roll de19 veloped under the authority of this subsection are

20 Native Hawaiians, as defined in section 2(7)(A)

21 of this Act.

22 (3) SECRETARY.—

23 (A) CERTIFICATION.—The Secretary shall

24 review the Commission’s certification of the

25 membership roll and determine whether it is con-
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1 sistent with applicable Federal law, including

2 the special trust relationship between the United

3 States and the indigenous, native people of the

4 United States.

5 (B) PUBLICATION.—Upon making the deter6 mination authorized in subparagraph (A), the

7 Secretary shall publish a final roll.

8 (C) APPEAL.—

9 (i) ESTABLISHMENT OF MECHANISM.—

10 The Secretary is authorized to establish a

11 mechanism for an appeal of the Commis12 sion’s determination as it concerns—

13 (I) the exclusion of the name of a

14 person who meets the definition of Na15 tive Hawaiian, as defined in section

16 2(7)(A) of this Act, from the roll; or

17 (II) a challenge to the inclusion of

18 the name of a person on the roll on the

19 grounds that the person does not meet

20 the definition of Native Hawaiian, as

21 so defined.

22 (ii) PUBLICATION; UPDATE.—The Sec23 retary shall publish the final roll while ap24 peals are pending, and shall update the

25 final roll and the publication of the final
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1 roll upon the final disposition of any ap2 peal.

3 (D) FAILURE TO ACT.—If the Secretary

4 fails to make the certification authorized in sub5 paragraph (A) within 90 days of the date that

6 the Commission submits the membership roll to

7 the Secretary, the certification shall be deemed to

8 have been made, and the Commission shall pub9 lish the final roll.

10 (4) EFFECT OF PUBLICATION.—The publication

11 of the final roll shall serve as the basis for the eligi12 bility of adult members listed on the roll to partici13 pate in all referenda and elections associated with the

14 organization of a Native Hawaiian Interim Gov15 erning Council and the Native Hawaiian government.

16 (b) RECOGNITION OF RIGHTS.—The right of the Native

17 Hawaiian people to organize for their common welfare and

18 to adopt appropriate organic governing documents is here19 by recognized by the United States.

20 (c) ORGANIZATION OF THE NATIVE HAWAIIAN IN21 TERIM GOVERNING COUNCIL.—

22 (1) ORGANIZATION.—The adult members listed

23 on the roll developed under the authority of subsection

24 (a) are authorized to—
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1 (A) develop criteria for candidates to be

2 elected to serve on the Native Hawaiian Interim

3 Governing Council;

4 (B) determine the structure of the Native

5 Hawaiian Interim Governing Council; and

6 (C) elect members to the Native Hawaiian

7 Interim Governing Council.

8 (2) ELECTION.—Upon the request of the adult

9 members listed on the roll developed under the author10 ity of subsection (a), the United States Office for Na11 tive Hawaiian Affairs may assist the Native Hawai12 ian community in holding an election by secret ballot

13 (absentee and mail balloting permitted), to elect the

14 membership of the Native Hawaiian Interim Gov15 erning Council.

16 (3) POWERS.—

17 (A) IN GENERAL.—The Native Hawaiian

18 Interim Governing Council is authorized to rep19 resent those on the roll in the implementation of

20 this Act and shall have no powers other than

21 those given to it in accordance with this Act.

22 (B) FUNDING.—The Native Hawaiian In23 terim Governing Council is authorized to enter

24 into a contract or grant with any Federal agen25 cy, including but not limited to, the United
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1 States Office for Native Hawaiian Affairs within

2 the Department of the Interior and the Adminis3 tration for Native Americans within the Depart4 ment of Health and Human Services, to carry

5 out the activities set forth in subparagraph (C).

6 (C) ACTIVITIES.—

7 (i) IN GENERAL.—The Native Hawai8 ian Interim Governing Council is author9 ized to conduct a referendum of the adult

10 members listed on the roll developed under

11 the authority of subsection (a) for the pur12 pose of determining (but not limited to) the

13 following:

14 (I) The proposed elements of the

15 organic governing documents of a Na16 tive Hawaiian government.

17 (II) The proposed powers and au18 thorities to be exercised by a Native

19 Hawaiian government, as well as the

20 proposed privileges and immunities of

21 a Native Hawaiian government.

22 (III) The proposed civil rights

23 and protection of such rights of the

24 citizens of a Native Hawaiian govern25 ment and all persons subject to the au-
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1 thority of a Native Hawaiian govern2 ment.

3 (ii) DEVELOPMENT OF ORGANIC GOV4 ERNING DOCUMENTS.—Based upon the ref5 erendum, the Native Hawaiian Interim

6 Governing Council is authorized to develop

7 proposed organic governing documents for a

8 Native Hawaiian government.

9 (iii) DISTRIBUTION.—The Native Ha10 waiian Interim Governing Council is au11 thorized to distribute to all adult members

12 of those listed on the roll, a copy of the pro13 posed organic governing documents, as

14 drafted by the Native Hawaiian Interim

15 Governing Council, along with a brief im16 partial description of the proposed organic

17 governing documents.

18 (iv) CONSULTATION.—The Native Ha19 waiian Interim Governing Council is au20 thorized to freely consult with those mem21 bers listed on the roll concerning the text

22 and description of the proposed organic gov23 erning documents.

24 (D) ELECTIONS.—
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1 (i) IN GENERAL.—The Native Hawai2 ian Interim Governing Council is author3 ized to hold elections for the purpose of rati4 fying the proposed organic governing docu5 ments, and upon ratification of the organic

6 governing documents, to hold elections for

7 the officers of the Native Hawaiian govern8 ment.

9 (ii) ASSISTANCE.—Upon the request of

10 the Native Hawaiian Interim Governing

11 Council, the United States Office of Native

12 Hawaiian Affairs may assist the Council in

13 conducting such elections.

14 (4) TERMINATION.—The Native Hawaiian In15 terim Governing Council shall have no power or au16 thority under this Act after the time at which the

17 duly elected officers of the Native Hawaiian govern18 ment take office.

19 (d) RECOGNITION OF THE NATIVE HAWAIIAN GOVERN20 MENT.—

21 (1) PROCESS FOR RECOGNITION.—

22 (A) SUBMITTAL OF ORGANIC GOVERNING

23 DOCUMENTS.—The duly elected officers of the

24 Native Hawaiian government shall submit the
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1 organic governing documents of the Native Ha2 waiian government to the Secretary.

3 (B) CERTIFICATIONS.—Within 90 days of

4 the date that the duly elected officers of the Na5 tive Hawaiian government submit the organic

6 governing documents to the Secretary, the Sec7 retary shall certify that the organic governing

8 documents—

9 (i) were adopted by a majority vote of

10 the adult members listed on the roll pre11 pared under the authority of subsection (a);

12 (ii) are consistent with applicable Fed13 eral law and the special trust relationship

14 between the United States and the indige15 nous native people of the United States;

16 (iii) provide for the exercise of those

17 governmental authorities that are recognized

18 by the United States as the powers and au19 thorities that are exercised by other govern20 ments representing the indigenous, native

21 people of the United States;

22 (iv) provide for the protection of the

23 civil rights of the citizens of the Native Ha24 waiian government and all persons subject

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

2 Hawaiian government exercises its author3 ity consistent with the requirements of sec4 tion 202 of the Act of April 11, 1968 (25

5 U.S.C. 1302);

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

7 or encumbrance of lands, interests in lands,

8 or other assets of the Native Hawaiian gov9 ernment without the consent of the Native

10 Hawaiian government;

11 (vi) establish the criteria for citizen12 ship in the Native Hawaiian government;

13 and

14 (vii) provide authority for the Native

15 Hawaiian government to negotiate with

16 Federal, State, and local governments, and

17 other entities.

18 (C) FAILURE TO ACT.—If the Secretary

19 fails to act within 90 days of the date that the

20 duly elected officers of the Native Hawaiian gov21 ernment submitted the organic governing docu22 ments of the Native Hawaiian government to the

23 Secretary, the certifications authorized in sub24 paragraph (B) shall be deemed to have been

25 made.
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1 (D) RESUBMISSION IN CASE OF NONCOMPLI2 ANCE WITH FEDERAL LAW.—

3 (i) RESUBMISSION BY THE SEC4 RETARY.—If the Secretary determines that

5 the organic governing documents, or any

6 part thereof, are not consistent with appli7 cable Federal law, the Secretary shall resub8 mit the organic governing documents to the

9 duly elected officers of the Native Hawaiian

10 government along with a justification for

11 each of the Secretary’s findings as to why

12 the provisions are not consistent with such

13 law.

14 (ii) AMENDMENT AND RESUBMISSION

15 BY THE NATIVE HAWAIIAN GOVERNMENT.—

16 If the organic governing documents are re17 submitted to the duly elected officers of the

18 Native Hawaiian government by the Sec19 retary under clause (i), the duly elected offi20 cers of the Native Hawaiian government

21 shall—

22 (I) amend the organic governing

23 documents to ensure that the docu24 ments comply with applicable Federal

25 law; and
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1 (II) resubmit the amended organic

2 governing documents to the Secretary

3 for certification in accordance with

4 subparagraphs (B) and (C).

5 (2) FEDERAL RECOGNITION.—

6 (A) RECOGNITION.—Notwithstanding any

7 other provision of law, upon the election of the

8 officers of the Native Hawaiian government and

9 the certifications (or deemed certifications) by

10 the Secretary authorized in paragraph (1), Fed11 eral recognition is hereby extended to the Native

12 Hawaiian government as the representative gov13 erning body of the Native Hawaiian people.

14 (B) NO DIMINISHMENT OF RIGHTS OR

15 PRIVILEGES.—Nothing contained in this Act

16 shall diminish, alter, or amend any existing

17 rights or privileges enjoyed by the Native Ha18 waiian people which are not inconsistent with

19 the provisions of this Act.

20 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

21 There is authorized to be appropriated such sums as

22 may be necessary to carry out the activities authorized in

23 this Act.
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1 SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AU2 THORITY; NEGOTIATIONS.

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

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

5 conditions of Native Hawaiians contained in the Act enti6 tled ‘‘An Act to provide for the admission of the State of

7 Hawaii into the Union’’ approved March 18, 1959 (Public

8 Law 86–3; 73 Stat. 5) is hereby reaffirmed.

9 (b) NEGOTIATIONS.—Upon the Federal recognition of

10 the Native Hawaiian government pursuant to section

11 7(d)(2) of this Act, the United States is authorized to nego12 tiate and enter into an agreement with the State of Hawaii

13 and the Native Hawaiian government regarding the trans14 fer of lands, resources, and assets dedicated to Native Ha15 waiian use under existing law as in effect on the date of

16 enactment of this Act to the Native Hawaiian government.

17 SEC. 10. DISCLAIMER.

18 Nothing in this Act is intended to serve as a settlement

19 of any claims against the United States, or to affect the

20 rights of the Native Hawaiian people under international

21 law.

22 SEC. 11. REGULATIONS.

23 The Secretary is authorized to make such rules and

24 regulations and such delegations of authority as the Sec25 retary deems necessary to carry out the provisions of this

26 Act.
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1 SEC. 12. SEVERABILITY.

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

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

4 the intent of Congress that the remaining sections or provi5 sions of this Act, and the amendments made by this Act,

6 shall continue in full force and effect.

Amend the title so as to read: ‘‘A bill to express the

policy of the United States regarding the United States

relationship with Native Hawaiians, to provide a process

for the reorganization of a Native Hawaiian government

and the recognition by the United States of the Native

Hawaiian government, and for other purposes.’’.

Calendar No. 840

106TH CONGRESS

2D SESSION S. 2899

[Report No. 106–424]

A BILL

To express the policy of the United States regarding the United States’ relationship with Native

Hawaiians, and for other purposes.

SEPTEMBER 27 (legislative day, SEPTEMBER 22), 2000

Reported with an amendment and an amendment to the

title