II 

112TH CONGRESS 

1ST SESSION S. 675 

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

relationship with Native Hawaiians and to provide a process for the 

recognition by the United States of the Native Hawaiian governing 

entity. 

IN THE SENATE OF THE UNITED STATES 

MARCH 30, 2011 

Mr. AKAKA (for himself, Mr. INOUYE, Mr. BEGICH, and Ms. MURKOWSKI) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To express the policy of the United States regarding the 

United States relationship with Native Hawaiians and 

to provide a process for the recognition by the United 

States of the Native Hawaiian governing entity. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Native Hawaiian Gov5 ernment Reorganization Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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

3 native people of the United States and the Supreme 

4 Court has held that under the Indian Commerce, 

5 Treaty, Supremacy, and Property Clauses, and the 

6 War Powers, Congress may exercise that power to 

7 rationally promote the welfare of the native peoples 

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

9 a ‘‘distinctly native community’’; 

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

11 Hawaiian archipelago that is now part of the United 

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

13 United States, and the Native Hawaiian people are 

14 a distinctly native community; 

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

16 legal relationship with, and has long enacted legisla17 tion to promote the welfare of, the native peoples of 

18 the United States, including the Native Hawaiian 

19 people; 

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

21 United States concluded a number of treaties with 

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

23 the United States— 

24 (A) recognized the sovereignty of the King25 dom of Hawaii as a nation; 


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1 (B) accorded full diplomatic recognition to 

2 the Kingdom of Hawaii; and 

3 (C) entered into treaties and conventions 

4 of peace, friendship and commerce with the 

5 Kingdom of Hawaii to govern trade, commerce, 

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

7 1887; 

8 (5) pursuant to the Hawaiian Homes Commis9 sion Act, 1920 (42 Stat. 108, chapter 42), the 

10 United States set aside approximately 203,500 acres 

11 of land in trust to better address the conditions of 

12 Native Hawaiians in the Federal territory that later 

13 became the State of Hawaii and in enacting the Ha14 waiian Homes Commission Act, 1920, Congress ac15 knowledged the Native Hawaiian people as a native 

16 people of the United States, as evidenced by the 

17 Committee Report, which notes that Congress relied 

18 on the Indian affairs power and the War Powers, in19 cluding the power to make peace; 

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

21 trust for Native Hawaiian homesteads and farms, 

22 the Hawaiian Homes Commission Act, 1920, assists 

23 the members of the Native Hawaiian community in 

24 maintaining distinctly native communities through25 out the State of Hawaii; 


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1 (7) approximately 9,800 Native Hawaiian fami2 lies reside on the Hawaiian Home Lands, and ap3 proximately 25,000 Native Hawaiians who are eligi4 ble to reside on the Hawaiian Home Lands are on 

5 a waiting list to receive assignments of Hawaiian 

6 Home Lands; 

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

8 United States admitting Hawaii into the Union, 

9 Congress delegated the authority and responsibility 

10 to administer the Hawaiian Homes Commission Act, 

11 1920, lands in trust for Native Hawaiians and es12 tablished a new public trust (commonly known as 

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

14 is the betterment of the conditions of Native Hawai15 ians, and Congress thereby reaffirmed its recogni16 tion of the Native Hawaiians as a distinctly native 

17 community with a direct lineal and historical succes18 sion to the aboriginal, indigenous people of Hawaii; 

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

20 submerged lands, natural resources, and the reve21 nues derived from the lands; and 

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

23 been completely inventoried or segregated; 

24 (9) Native Hawaiians have continuously sought 

25 access to the ceded lands in order to establish and 


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1 maintain native settlements and distinct native com2 munities throughout the State; 

3 (10) the Hawaiian Home Lands and other 

4 ceded lands provide important native land reserves 

5 and resources for the Native Hawaiian community 

6 to maintain the practice of Native Hawaiian culture, 

7 language, and traditions, and for the continuity, sur8 vival, and economic self-sufficiency of the Native 

9 Hawaiian people as a distinctly native political com10 munity; 

11 (11) Native Hawaiians continue to maintain 

12 other distinctly native areas in Hawaii, including na13 tive lands that date back to the ali‘i and kuleana 

14 lands reserved under the Kingdom of Hawaii; 

15 (12) through the Sovereign Council of Hawaiian 

16 Homelands Assembly, Native Hawaiian civic associa17 tions, charitable trusts established by the Native Ha18 waiian ali‘i, nonprofit native service providers and 

19 other community associations, the Native Hawaiian 

20 people have actively maintained native traditions and 

21 customary usages throughout the Native Hawaiian 

22 community and the Federal and State courts have 

23 continuously recognized the right of the Native Ha24 waiian people to engage in certain customary prac25 tices and usages on public lands; 


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

2 150 (107 Stat. 1510) (commonly known as the 

3 ‘‘Apology Resolution’’) was enacted into law, extend4 ing an apology on behalf of the United States to the 

5 native people of Hawaii for the United States’ role 

6 in the overthrow of the Kingdom of Hawaii; 

7 (14) the Apology Resolution acknowledges that 

8 the overthrow of the Kingdom of Hawaii occurred 

9 with the active participation of agents and citizens 

10 of the United States, and further acknowledges that 

11 the Native Hawaiian people never directly relin12 quished to the United States their claims to their in13 herent sovereignty as a people over their national 

14 lands, either through the Kingdom of Hawaii or 

15 through a plebiscite or referendum; 

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

17 commitment of Congress and the President— 

18 (i) to acknowledge the ramifications of the 

19 overthrow of the Kingdom of Hawaii; and 

20 (ii) to support reconciliation efforts be21 tween the United States and Native Hawaiians; 

22 (B) Congress established the Office of Hawai23 ian Relations within the Department of the Interior 

24 with 1 of its purposes being to consult with Native 

25 Hawaiians on the reconciliation process; and 


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

2 and reaffirm its friendship with the Native Hawaiian 

3 people because, among other things, the United 

4 States Minister and United States naval forces par5 ticipated in the overthrow of the Kingdom of Ha6 waii; 

7 (16)(A) despite the overthrow of the Govern8 ment of the Kingdom of Hawaii, Native Hawaiians 

9 have continued to maintain their separate identity as 

10 a single distinctly native political community 

11 through cultural, social, and political institutions, 

12 and to give expression to their rights as native peo13 ple to self-determination, self-governance, and eco14 nomic self-sufficiency; and 

15 (B) there is clear continuity between the ab16 original, indigenous, native people of the Kingdom of 

17 Hawaii and their successors, the Native Hawaiian 

18 people today; 

19 (17) Native Hawaiians have also given expres20 sion to their rights as native people to self-deter21 mination, self-governance, and economic self-suffi22 ciency— 

23 (A) through the provision of governmental 

24 services to Native Hawaiians, including the pro25 vision of— 


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1 (i) health care services; 

2 (ii) educational programs; 

3 (iii) employment and training pro4 grams; 

5 (iv) economic development assistance 

6 programs; 

7 (v) children’s services; 

8 (vi) conservation programs; 

9 (vii) fish and wildlife protection; 

10 (viii) agricultural programs; 

11 (ix) native language immersion pro12 grams; 

13 (x) native language immersion schools 

14 from kindergarten through high school; 

15 (xi) college and master’s degree pro16 grams in native language immersion in17 struction; and 

18 (xii) traditional justice programs; and 

19 (B) by continuing their efforts to enhance 

20 Native Hawaiian self-determination and local 

21 control; 

22 (18) Native Hawaiian people are actively en23 gaged in Native Hawaiian cultural practices, tradi24 tional agricultural methods, fishing and subsistence 

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1 cred sites, protection of burial sites, and the exercise 

2 of their traditional rights to gather medicinal plants 

3 and herbs, and food sources; 

4 (19) the Native Hawaiian people wish to pre5 serve, develop, and transmit to future generations of 

6 Native Hawaiians their lands and Native Hawaiian 

7 political and cultural identity in accordance with 

8 their traditions, beliefs, customs and practices, lan9 guage, and social and political institutions, to con10 trol and manage their own lands, including ceded 

11 lands, and to achieve greater self-determination over 

12 their own affairs; 

13 (20) this Act provides a process within the 

14 framework of Federal law for the Native Hawaiian 

15 people to exercise their inherent rights as a distinct, 

16 indigenous, native community to reorganize a single 

17 unified Native Hawaiian governing entity for the 

18 purpose of giving expression to their rights as a na19 tive people to self-determination and self-governance; 

20 (21) Congress— 

21 (A) has declared that the United States 

22 has a special political and legal relationship for 

23 the welfare of the native peoples of the United 

24 States, including Native Hawaiians; 


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1 (B) has identified Native Hawaiians as an 

2 indigenous, distinctly native people of the 

3 United States within the scope of its authority 

4 under the Constitution, and has enacted scores 

5 of statutes on their behalf; and 

6 (C) has delegated broad authority to the 

7 State of Hawaii to administer some of the 

8 United States’ responsibilities as they relate to 

9 the Native Hawaiian people and their lands; 

10 (22) the United States has recognized and re11 affirmed the special political and legal relationship 

12 with the Native Hawaiian people through the enact13 ment of the Act entitled, ‘‘An Act to provide for the 

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

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

16 Stat. 4), by— 

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

18 the public lands formerly held by the United 

19 States, and mandating that those lands be held 

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

21 for the betterment of the conditions of Native 

22 Hawaiians; and 

23 (B) transferring the United States respon24 sibility for the administration of the Hawaiian 

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1 ing the exclusive right of the United States to 

2 consent to any actions affecting the lands in3 cluded in the trust and any amendments to the 

4 Hawaiian Homes Commission Act, 1920 (42 

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

6 legislature of the State of Hawaii affecting the 

7 beneficiaries under the Act; 

8 (23) the United States has continually recog9 nized and reaffirmed that— 

10 (A) Native Hawaiians have a direct genea11 logical, cultural, historic, and land-based con12 nection to their forebears, the aboriginal, indig13 enous, native people who exercised original sov14 ereignty over the Hawaiian Islands; 

15 (B) Native Hawaiians have never relin16 quished their claims to sovereignty or their sov17 ereign lands; 

18 (C) the United States extends services to 

19 Native Hawaiians because of their unique sta20 tus as the native people of a prior-sovereign na21 tion with whom the United States has a special 

22 political and legal relationship; and 

23 (D) the special relationship of American 

24 Indians, Alaska Natives, and Native Hawaiians 

25 to the United States arises out of their status 


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1 as aboriginal, indigenous, native people of the 

2 United States; and 

3 (24) the State of Hawaii supports the reaffir4 mation of the special political and legal relationship 

5 between the Native Hawaiian governing entity and 

6 the United States, as evidenced by 2 unanimous res7 olutions enacted by the Hawaii State Legislature in 

8 the 2000 and 2001 sessions of the Legislature and 

9 by the testimony of the Governor of the State of Ha10 waii before the Committee on Indian Affairs of the 

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

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

14 (1) ABORIGINAL, INDIGENOUS, NATIVE PEO15 PLE.—The term ‘‘aboriginal, indigenous, native peo16 ple’’ means a people whom Congress has recognized 

17 as the original inhabitants of the lands that later be18 came part of the United States and who exercised 

19 sovereignty in the areas that later became part of 

20 the United States. 

21 (2) APOLOGY RESOLUTION.—The term ‘‘Apol22 ogy Resolution’’ means Public Law 103–150 (107 

23 Stat. 1510), a Joint Resolution extending an apol24 ogy to Native Hawaiians on behalf of the United 

25 States for the participation of agents of the United 


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

2 Kingdom of Hawaii. 

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

4 means the Commission established under section 

5 8(b). 

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

7 Native Hawaiian Interim Governing Council estab8 lished under section 8(c)(2). 

9 (5) INDIAN PROGRAM OR SERVICE.— 

10 (A) IN GENERAL.—The term ‘‘Indian pro11 gram or service’’ means any federally funded or 

12 authorized program or service provided to an 

13 Indian tribe (or member of an Indian tribe) be14 cause of the status of the members of the In15 dian tribe as Indians. 

16 (B) INCLUSIONS.—The term ‘‘Indian pro17 gram or service’’ includes a program or service 

18 provided by the Bureau of Indian Affairs, the 

19 Indian Health Service, or any other Federal 

20 agency. 

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

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

23 Indian Self-Determination and Education Assistance 

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


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1 (7) 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 (8) INTERAGENCY COORDINATING GROUP.—The 

6 term ‘‘Interagency Coordinating Group’’ means the 

7 Native Hawaiian Interagency Coordinating Group 

8 established under section 6. 

9 (9) NATIVE HAWAIIAN GOVERNING ENTITY.— 

10 The term ‘‘Native Hawaiian governing entity’’ 

11 means the governing entity organized pursuant to 

12 this Act by the qualified Native Hawaiian constitu13 ents. 

14 (10) NATIVE HAWAIIAN MEMBERSHIP ORGANI15 ZATION.—The term ‘‘Native Hawaiian Membership 

16 Organization’’ means an organization that— 

17 (A) serves and represents the interests of 

18 Native Hawaiians, has as a primary and stated 

19 purpose the provision of services to Native Ha20 waiians, and has expertise in Native Hawaiian 

21 affairs; 

22 (B) has leaders who are elected democrat23 ically, or selected through traditional Native 

24 leadership practices, by members of the Native 

25 Hawaiian community; 


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1 (C) advances the cause of Native Hawai2 ians culturally, socially, economically, or politi3 cally; 

4 (D) is a membership organization or asso5 ciation; and 

6 (E) has an accurate and reliable list of Na7 tive Hawaiian members. 

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

9 United States Office for Native Hawaiian Relations 

10 established by section 5(a). 

11 (12) QUALIFIED NATIVE HAWAIIAN CON12 STITUENT.—For the purposes of establishing the 

13 roll authorized under section 8, and prior to the rec14 ognition by the United States of the Native Hawai15 ian governing entity, the term ‘‘qualified Native Ha16 waiian constituent’’ means an individual who the 

17 Commission determines has satisfied the following 

18 criteria and who makes a written statement certi19 fying that he or she— 

20 (A) is— 

21 (i) an individual who is 1 of the indig22 enous, native people of Hawaii and who is 

23 a direct lineal descendant of the aboriginal, 

24 indigenous, native people who— 


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1 (I) resided in the islands that 

2 now comprise the State of Hawaii on 

3 or before January 1, 1893; and 

4 (II) occupied and exercised sov5 ereignty in the Hawaiian archipelago, 

6 including the area that now con7 stitutes the State of Hawaii; or 

8 (ii) an individual who is 1 of the in9 digenous, native people of Hawaii and who 

10 was eligible in 1921 for the programs au11 thorized by the Hawaiian Homes Commis12 sion Act, 1920 (42 Stat. 108, chapter 42), 

13 or a direct lineal descendant of that indi14 vidual; 

15 (B) wishes to participate in the reorganiza16 tion of the Native Hawaiian governing entity; 

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

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

19 (E) maintains a significant cultural, social, 

20 or civic connection to the Native Hawaiian com21 munity, as evidenced by satisfying 2 or more of 

22 the following 10 criteria: 

23 (i) Resides in the State of Hawaii. 

24 (ii) Resides outside the State of Ha25 waii and— 


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1 (I)(aa) currently serves or served 

2 as (or has a parent or spouse who 

3 currently serves or served as) a mem4 ber of the Armed Forces or as an em5 ployee of the Federal Government; 

6 and 

7 (bb) resided in the State of Ha8 waii prior to the time he or she (or 

9 such parent or spouse) left the State 

10 of Hawaii to serve as a member of the 

11 Armed Forces or as an employee of 

12 the Federal Government; or 

13 (II)(aa) currently is or was en14 rolled (or has a parent or spouse who 

15 currently is or was enrolled) in an ac16 credited institution of higher edu17 cation outside the State of Hawaii; 

18 and 

19 (bb) resided in the State of Ha20 waii prior to the time he or she (or 

21 such parent or spouse) left the State 

22 of Hawaii to attend such institution. 

23 (iii)(I) Is or was eligible to be a bene24 ficiary of the programs authorized by the 

25 Hawaiian Homes Commission Act, 1920 


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1 (42 Stat. 108, chapter 42), and resides or 

2 resided on land set aside as ‘‘Hawaiian 

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

4 (II) Is a child or grandchild of an in5 dividual who is or was eligible to be a ben6 eficiary of the programs authorized by 

7 such Act and who resides or resided on 

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

9 as defined in such Act. 

10 (iv) Is or was eligible to be a bene11 ficiary of the programs authorized by the 

12 Hawaiian Homes Commission Act, 1920 

13 (42 Stat. 108, chapter 42). 

14 (v) Is a child or grandchild of an indi15 vidual who is or was eligible to be a bene16 ficiary of the programs authorized by the 

17 Hawaiian Homes Commission Act, 1920 

18 (42 Stat. 108, chapter 42). 

19 (vi) Resides on or has an ownership 

20 interest in, or has a parent or grandparent 

21 who resides on or has an ownership inter22 est in, ‘‘kuleana land’’ that is owned in 

23 whole or in part by a person who, accord24 ing to a genealogy verification by the Of25 fice of Hawaiian Affairs or by court order, 


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1 is a lineal descendant of the person or per2 sons who received the original title to such 

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

4 to native tenants pursuant to Haw. L. 

5 1850, p. 202, entitled ‘‘An Act Confirming 

6 Certain Resolutions of the King and Privy 

7 Council Passed on the 21st day of Decem8 ber, A.D. 1849, Granting to the Common 

9 People Allodial Titles for Their Own Lands 

10 and House Lots, and Certain Other Privi11 leges’’, as amended by Haw. L. 1851, p. 

12 98, entitled ‘‘An Act to Amend An Act 

13 Granting to the Common People Allodial 

14 Titles for Their Own Lands and House 

15 Lots, and Certain Other Privileges’’ and as 

16 further amended by any subsequent legis17 lation. 

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

19 of, an individual who has been or was a 

20 student for at least 1 school year at a 

21 school or program taught through the me22 dium of the Hawaiian language under sec23 tion 302H–6, Hawaii Revised Statutes, or 

24 at a school founded and operated primarily 


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1 or exclusively for the benefit of Native Ha2 waiians. 

3 (viii) Has been a member since Sep4 tember 30, 2009, of at least 1 Native Ha5 waiian Membership Organization. 

6 (ix) Has been a member since Sep7 tember 30, 2009, of at least 2 Native Ha8 waiian Membership Organizations. 

9 (x) Is regarded as a Native Hawaiian 

10 and whose mother or father is (or if de11 ceased, was) regarded as Native Hawaiian 

12 by the Native Hawaiian community, as evi13 denced by sworn affidavits from two or 

14 more qualified Native Hawaiian constitu15 ents certified by the Commission as pos16 sessing expertise in the social, cultural, 

17 and civic affairs of the Native Hawaiian 

18 community. 

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

20 means the Secretary of the Interior. 

21 (14) SPECIAL POLITICAL AND LEGAL RELA22 TIONSHIP.—The term ‘‘special political and legal re23 lationship’’ shall refer, except where differences are 

24 specifically indicated elsewhere in the Act, to the 

25 type of and nature of relationship the United States 


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1 has with the several federally recognized Indian 

2 tribes. 

3 SEC. 4. UNITED STATES POLICY AND PURPOSE. 

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

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

6 indigenous, native people with whom the United 

7 States has a special political and legal relationship; 

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

9 legal relationship with the Native Hawaiian people, 

10 which includes promoting the welfare of Native Ha11 waiians; 

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

13 the authority under the Constitution, including but 

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

15 legislation to better the conditions of Native Hawai16 ians and has exercised this authority through the en17 actment of— 

18 (i) the Hawaiian Homes Commission Act, 

19 1920 (42 Stat. 108, chapter 42); 

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

21 the admission of the State of Hawaii into the 

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

23 86–3; 73 Stat. 4); and 

24 (iii) more than 150 other Federal laws ad25 dressing the conditions of Native Hawaiians; 


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1 (B) other sources of authority under the Con2 stitution for legislation on behalf of the indigenous, 

3 native peoples of the United States, including Native 

4 Hawaiians, include but are not limited to the Prop5 erty, Treaty, and Supremacy Clauses, War Powers, 

6 and the Fourteenth Amendment, and Congress here7 by relies on those powers in enacting this legislation; 

8 and 

9 (C) the Constitution’s original Apportionment 

10 Clause and the 14th Amendment Citizenship and 

11 amended Apportionment Clauses also acknowledge 

12 the propriety of legislation on behalf of the native 

13 peoples of the United States, including Native Ha14 waiians; 

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; 

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

22 (D) the right to become economically self23 sufficient; and 


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1 (5) the United States shall continue to engage 

2 in a process of reconciliation and political relations 

3 with the Native Hawaiian people. 

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

5 a process for the reorganization of the single Native Ha6 waiian governing entity and the reaffirmation of the spe7 cial political and legal relationship between the United 

8 States and that Native Hawaiian governing entity for pur9 poses of continuing a government-to-government relation10 ship. 

11 SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RE12 LATIONS. 

13 (a) ESTABLISHMENT.—There is established within 

14 the Office of the Secretary the United States Office for 

15 Native Hawaiian Relations. 

16 (b) DUTIES.—The Office shall— 

17 (1) continue the process of reconciliation with 

18 the Native Hawaiian people in furtherance of the 

19 Apology Resolution; 

20 (2) upon the reaffirmation of the government21 to-government relationship between the single Native 

22 Hawaiian governing entity and the United States, 

23 effectuate and coordinate the special political and 

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1 erning entity and the United States through the 

2 Secretary, and with all other Federal agencies; 

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

4 the Native Hawaiian governing entity before taking 

5 any actions that may have the potential to signifi6 cantly affect Native Hawaiian resources, rights, or 

7 lands; 

8 (4) work with the Interagency Coordinating 

9 Group, other Federal agencies, and the State of Ha10 waii on policies, practices, and proposed actions af11 fecting Native Hawaiian resources, rights, or lands; 

12 and 

13 (5) prepare and submit to the Committee on 

14 Indian Affairs and the Committee on Energy and 

15 Natural Resources of the Senate and the Committee 

16 on Natural Resources of the House of Representa17 tives an annual report detailing the activities of the 

18 Interagency Coordinating Group that are under19 taken with respect to the continuing process of rec20 onciliation and to effect meaningful consultation 

21 with the Native Hawaiian governing entity and may 

22 provide recommendations for any necessary changes 

23 to Federal law or regulations promulgated under the 

24 authority of Federal law. 


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1 (c) APPLICABILITY TO DEPARTMENT OF DE2 FENSE.—This section shall have no applicability to the 

3 Department of Defense or to any agency or component 

4 of the Department of Defense, but the Secretary of De5 fense may designate 1 or more officials as liaison to the 

6 Office. 

7 SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING 

8 GROUP. 

9 (a) ESTABLISHMENT.—In recognition that Federal 

10 programs authorized to address the conditions of Native 

11 Hawaiians are largely administered by Federal agencies 

12 other than the Department of the Interior, there is estab13 lished an interagency coordinating group, to be known as 

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

15 (b) COMPOSITION.—The Interagency Coordinating 

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

17 the President, from— 

18 (1) each Federal agency whose actions may sig19 nificantly or uniquely impact Native Hawaiian pro20 grams, resources, rights, or lands; and 

21 (2) the Office. 

22 (c) LEAD AGENCY.— 

23 (1) IN GENERAL.—The Department of the Inte24 rior and the White House Office of IntergovernVerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S675.IS S675

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1 mental Affairs shall serve as the leaders of the 

2 Interagency Coordinating Group. 

3 (2) MEETINGS.—The Secretary shall convene 

4 meetings of the Interagency Coordinating Group. 

5 (d) DUTIES.—The Interagency Coordinating Group 

6 shall— 

7 (1) coordinate Federal programs and policies 

8 that affect Native Hawaiians or actions by any agen9 cy or agencies of the Federal Government that may 

10 significantly or uniquely affect Native Hawaiian re11 sources, rights, or lands; 

12 (2) consult with the Native Hawaiian governing 

13 entity, through the coordination referred to in para14 graph (1), but the consultation obligation established 

15 in this provision shall apply only after the satisfac16 tion of all of the conditions referred to in section 

17 8(c)(8); and 

18 (3) ensure the participation of each Federal 

19 agency in the development of the report to Congress 

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

21 (e) APPLICABILITY TO DEPARTMENT OF DE22 FENSE.—This section shall have no applicability to the 

23 Department of Defense or to any agency or component 

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1 fense may designate 1 or more officials as liaison to the 

2 Interagency Coordinating Group. 

3 SEC. 7. 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 in the implementation and protection of the rights of 

8 Native Hawaiians and their political and legal relationship 

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

10 Native Hawaiian governing entity as provided for in sec11 tion 8, in the implementation and protection of the rights 

12 of the Native Hawaiian governing entity and its political 

13 and legal relationship with the United States. 

14 SEC. 8. PROCESS FOR REORGANIZATION OF NATIVE HA15 WAIIAN GOVERNING ENTITY AND REAFFIR16 MATION OF SPECIAL POLITICAL AND LEGAL 

17 RELATIONSHIP BETWEEN UNITED STATES 

18 AND NATIVE HAWAIIAN GOVERNING ENTITY. 

19 (a) RECOGNITION OF NATIVE HAWAIIAN GOVERNING

20 ENTITY.—The right of the qualified Native Hawaiian con21 stituents to reorganize the single Native Hawaiian gov22 erning entity to provide for their common welfare and to 

23 adopt appropriate organic governing documents is recog24 nized by the United States. 

25 (b) COMMISSION.— 


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1 (1) IN GENERAL.—There is authorized to be es2 tablished a Commission to be composed of 9 mem3 bers for the purposes of— 

4 (A) preparing and maintaining a roll of 

5 qualified Native Hawaiian constituents; and 

6 (B) certifying that the individuals on the 

7 roll of qualified Native Hawaiian constituents 

8 meet the definition of qualified Native Hawai9 ian constituent set forth in section 3. 

10 (2) MEMBERSHIP.— 

11 (A) APPOINTMENT.— 

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

13 days after the date of enactment of this 

14 Act, the Secretary shall appoint the mem15 bers of the Commission in accordance with 

16 subparagraph (B). 

17 (ii) CONSIDERATION.—In making an 

18 appointment under clause (i), the Sec19 retary may take into consideration a rec20 ommendation made by any Native Hawai21 ian Membership Organization. 

22 (B) REQUIREMENTS.—Each member of 

23 the Commission shall demonstrate, as deter24 mined by the Secretary— 


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

6 (ii) an ability to read and translate 

7 into English documents written in the Ha8 waiian language. 

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

11 (i) shall not affect the powers of the 

12 Commission; and 

13 (ii) shall be filled in the same manner 

14 as the original appointment. 

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

17 diem in lieu of subsistence, at rates authorized for 

18 employees of agencies under subchapter I of chapter 

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

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

22 (4) DUTIES.—The Commission shall— 

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

25 in subsection (c); and 


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1 (B) certify that the individuals on the roll 

2 of qualified Native Hawaiian constituents meet 

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

5 (5) STAFF.— 

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

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

12 (B) COMPENSATION.— 

13 (i) IN GENERAL.—Except as provided 

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

15 compensation of the executive director and 

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

18 chapter 53 of title 5, United States Code, 

19 relating to classification of positions and 

20 General Schedule pay rates. 

21 (ii) MAXIMUM RATE OF PAY.—The 

22 rate of pay for the executive director and 

23 other personnel shall not exceed the rate 

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1 ule under section 5316 of title 5, United 

2 States Code. 

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

5 (A) IN GENERAL.—An employee of the 

6 Federal Government may be detailed to the 

7 Commission without reimbursement. 

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

9 the employee shall be without interruption or 

10 loss of civil service status or privilege. 

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

13 temporary and intermittent services in accordance 

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

15 at rates for individuals that do not exceed the daily 

16 equivalent of the annual rate of basic pay prescribed 

17 for level V of the Executive Schedule under section 

18 5316 of that title. 

19 (8) EXPIRATION.—The Secretary shall dissolve 

20 the Commission upon the reaffirmation of the spe21 cial political and legal relationship between the Na22 tive Hawaiian governing entity and the United 

23 States. 

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


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1 (1) ROLL.— 

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

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

5 to be qualified Native Hawaiian constituents, as 

6 defined in section 3. 

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

10 documentation in the form established by the 

11 Commission that is sufficient to enable the 

12 Commission to determine whether the individual 

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

15 that he or she satisfies the definition in section 

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

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

18 (C) DOCUMENTATION.—The Commission 

19 shall— 

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

23 determine whether an individual meets the 

24 definition of qualified Native Hawaiian 

25 constituent set forth in section 3; 


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

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

7 State of Hawaii on or before January 1, 

8 1893; and 

9 (III) permit elderly Native Hawaiians 

10 and other Native Hawaiians lacking birth 

11 certificates or other documentation due to 

12 birth on Hawaiian Home Lands or other 

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

15 qualified Native Hawaiian constituents; 

16 (ii) establish a standard format for 

17 the submission of documentation and a 

18 process to ensure veracity; and 

19 (iii) publish information related to 

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

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

24 constituents meets the definition of qualified 

25 Native Hawaiian constituent in section 3, the 


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1 Commission may consult with Native Hawaiian 

2 Membership Organizations, agencies of the 

3 State of Hawaii including but not limited to the 

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

9 (E) NOTIFICATION.—The Commission 

10 shall— 

11 (i) inform an individual whether they 

12 have been deemed by the Commission a 

13 qualified Native Hawaiian constituent; and 

14 (ii) inform an individual of a right to 

15 appeal the decision if deemed not to be a 

16 qualified Native Hawaiian constituent. 

17 (F) CERTIFICATION AND SUBMITTAL OF

18 ROLL TO SECRETARY.—The Commission 

19 shall— 

20 (i) submit the roll containing the 

21 names of those individuals who meet the 

22 definition of qualified Native Hawaiian 

23 constituent in section 3 to the Secretary 

24 within 2 years from the date on which the 

25 Commission is fully composed; and 


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1 (ii) certify to the Secretary that each 

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

4 meets the definition set forth in section 3. 

5 (G) PUBLICATION.—Upon certification by 

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

8 Native Hawaiian constituent set forth in section 

9 3, the Commission shall publish the notice of 

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

12 to subparagraph (H). 

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

15 mechanism for an administrative appeal for any 

16 person whose name is excluded from the roll 

17 who claims to meet the definition of qualified 

18 Native Hawaiian constituent in section 3. 

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

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


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1 (ii) update the roll and provide notice 

2 of the updated roll on the final disposition 

3 of any appeal; 

4 (iii) update the roll to include any 

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

8 3 after the initial publication of the roll or 

9 after any subsequent publications of the 

10 roll; and 

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

12 updated rolls to the Council. 

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

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

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

20 (2) ORGANIZATION OF COUNCIL.— 

21 (A) ORGANIZATION.—The Commission, in 

22 consultation with the Secretary, shall hold a 

23 minimum of 3 meetings and each meeting shall 

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

3 (i) to develop criteria for candidates 

4 to be elected to serve on the Council; 

5 (ii) to determine the structure of the 

6 Council, including the number of Council 

7 members; and 

8 (iii) to elect members from individuals 

9 listed on the roll established under this 

10 subsection to the Council. 

11 (B) POWERS.— 

12 (i) IN GENERAL.—The Council— 

13 (I) shall represent those listed on 

14 the roll established under this section 

15 in the implementation of this Act; and 

16 (II) shall have no powers other 

17 than powers given to the Council 

18 under this Act. 

19 (ii) FUNDING.—The Council may 

20 enter into a contract with, or obtain a 

21 grant from, any Federal or State agency to 

22 carry out clause (iii). 

23 (iii) ACTIVITIES.— 

24 (I) IN GENERAL.—The Council 

25 shall conduct, among the qualified 


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1 Native Hawaiian constituents listed 

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

4 of determining the proposed elements 

5 of the organic governing documents of 

6 the Native Hawaiian governing entity, 

7 including but not limited to— 

8 (aa) the proposed criteria 

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

11 (bb) the proposed powers 

12 and authorities to be exercised by 

13 the Native Hawaiian governing 

14 entity, as well as the proposed 

15 privileges and immunities of the 

16 Native Hawaiian governing enti17 ty; 

18 (cc) the proposed civil rights 

19 and protection of the rights of 

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

23 governmental powers and au24 thorities of the Native Hawaiian 

25 governing entity; and 


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1 (dd) other issues determined 

2 appropriate by the Council. 

3 (II) DEVELOPMENT OF ORGANIC

4 GOVERNING DOCUMENTS.—Based on 

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

9 assistance from the Secretary on the 

10 draft organic governing documents to 

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

13 Act and other Federal law. 

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

16 Hawaiian constituents of the Native 

17 Hawaiian governing entity listed on 

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

20 (aa) a copy of the proposed 

21 organic governing documents, as 

22 drafted by the Council; and 

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

25 governing documents; 


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1 (IV) ELECTIONS.— 

2 (aa) IN GENERAL.—Not 

3 sooner than 180 days after the 

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

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

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

13 Secretary, shall hold the election 

14 for the purpose of ratifying the 

15 proposed organic governing docu16 ments 60 days after publishing 

17 notice of an election. 

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

20 documents by the Secretary in 

21 accordance with paragraph (4), 

22 the Council, with the assistance 

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


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

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

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

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

9 (4) CERTIFICATIONS.— 

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

11 the future negotiations to be conducted under 

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

14 Hawaii to enact legislation to implement the 

15 agreements of the 3 governments, not later 

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

18 after the date on which the Council submits the 

19 organic governing documents to the Secretary, 

20 the Secretary shall certify or decline to certify 

21 that the organic governing documents— 

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


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1 (ii) were adopted by a majority vote of 

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

4 published by the Secretary and who voted 

5 in the election; 

6 (iii) provide authority for the Native 

7 Hawaiian governing entity to negotiate 

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

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

12 authorities by the Native Hawaiian gov13 erning entity; 

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

15 or encumbrance of lands, interests in 

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

18 the Native Hawaiian governing entity; 

19 (vi) provide for the protection of the 

20 civil rights of the citizens of the Native 

21 Hawaiian governing entity and all persons 

22 affected by the exercise of governmental 

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


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1 (vii) are consistent with applicable 

2 Federal law. 

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

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

7 the organic governing documents, or any 

8 part of the documents, do not meet all of 

9 the requirements set forth in subparagraph 

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

12 along with a justification for each of the 

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

15 (ii) AMENDMENT AND RESUBMISSION

16 OF ORGANIC GOVERNING DOCUMENTS.—If 

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

19 under clause (i), the Council shall— 

20 (I) amend the organic governing 

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

23 forth in subparagraph (A); and 

24 (II) resubmit the amended or25 ganic governing documents to the SecVerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S675.IS S675

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1 retary for certification in accordance 

2 with this paragraph. 

3 (C) CERTIFICATIONS DEEMED MADE.— 

4 The certifications under this paragraph shall be 

5 deemed to have been made if the Secretary has 

6 not acted within 180 days after the date on 

7 which the Council has submitted the organic 

8 governing documents of the Native Hawaiian 

9 governing entity to the Secretary. 

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

12 Council, with the assistance of the Secretary, shall 

13 hold elections of the officers of the Native Hawaiian 

14 governing entity. 

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

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

18 Hawaiian governing entity. 

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

20 exist and shall have no power or authority under 

21 this Act after the officers of the governing body who 

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

24 (8) REAFFIRMATION.—Notwithstanding any 

25 other provision of law, the special political and legal 


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

3 United States extends Federal recognition to the 

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

7 (A) the approval of the organic governing 

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

10 (B) the officers of the Native Hawaiian 

11 governing entity elected under paragraph (5) 

12 have been installed. 

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

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

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

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

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

23 (b) NEGOTIATIONS.— 

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

25 the special political and legal relationship between 


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

3 Hawaii may enter into negotiations with the Native 

4 Hawaiian governing entity designed to lead to an 

5 agreement or agreements addressing such matters 

6 as— 

7 (A) the transfer of State of Hawaii lands 

8 and surplus Federal lands, natural resources, 

9 and other assets, and the protection of existing 

10 rights related to such lands or resources; 

11 (B) the exercise of governmental authority 

12 over any transferred lands, natural resources, 

13 and other assets, including land use; 

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

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

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

20 native people of the United States; 

21 (E) any residual responsibilities of the 

22 United States and the State of Hawaii; and 

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1 waiians by the United States or by the State of 

2 Hawaii. 

3 (2) AMENDMENTS TO EXISTING LAWS.—Upon 

4 agreement on any matter or matters negotiated with 

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

6 Native Hawaiian governing entity, the parties may 

7 submit— 

8 (A) to the Committee on Indian Affairs of 

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

12 Representatives recommendations for proposed 

13 amendments to Federal law that will enable the 

14 implementation of agreements reached between 

15 the governments; and 

16 (B) to the Governor and the legislature of 

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

19 the implementation of agreements reached be20 tween the governments. 

21 (3) GOVERNMENTAL AUTHORITY AND

22 POWER.—The Native Hawaiian governing entity 

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

25 under existing law, except as set forth in section 


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

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

6 in this Act shall preempt Federal or State authority 

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

9 Native Hawaiian governing entity. 

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

12 governing entity, the United States will recognize 

13 and affirm the Native Hawaiian governing entity’s 

14 inherent power and authority to determine its own 

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

18 was not deemed to be a qualified Native Hawaiian 

19 constituent under this Act. 

20 (c) CLAIMS.—Nothing in this Act— 

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

23 of Hawaii relating to events or actions that occurred 

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


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

3 claim or cause of action against the United States 

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

5 or any defense (including the defense of statute of 

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

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

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

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

10 (commonly known as the ‘‘Federal Tort Claims 

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

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

13 1505 of title 28, United States Code (commonly 

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

17 SEC. 10. APPLICABILITY OF CERTAIN FEDERAL LAWS. 

18 (a) INDIAN GAMING REGULATORY ACT.— 

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

23 law, including the Indian Gaming Regulatory Act 

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


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

3 (2) APPLICABILITY.—The prohibition contained 

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

7 whether gaming by Native Hawaiians or the Native 

8 Hawaiian governing entity would be located on land 

9 within the State of Hawaii or within any other State 

10 or territory of the United States. 

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

14 be eligible for acknowledgment pursuant to the Federal 

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

16 Code of Federal Regulations, or any other administrative 

17 acknowledgment or recognition process. 

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

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

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

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

23 U.S.C. 1301–1303). 

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


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1 (1) IN GENERAL.—Notwithstanding any other 

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

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

8 program or service. Nothing in this Act affects the 

9 eligibility of any person for any program or service 

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

11 enactment of this Act. 

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

14 United States’ recognition of the Native Hawaiian 

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

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

17 nations, pueblos, villages, or other organized groups 

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

20 Federal statute or regulation expressly applies to 

21 Native Hawaiians or the Native Hawaiian governing 

22 entity. 

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

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

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


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

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

5 recognition of the Native Hawaiian governing entity. 

6 SEC. 11. SEVERABILITY. 

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

8 it is the intent of Congress that the remaining sections 

9 or provisions shall continue in full force and effect. 

10 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated such sums 

12 as are necessary to carry out this Act. 

Æ 


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