IB 

Union Calendar No. 460 

108TH CONGRESS 

2D SESSION H. R. 4282 

[Report No. 108–742] 

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, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2004 

Mr. ABERCROMBIE (for himself, Mr. CASE, Mr. RAHALL, Mr. YOUNG of Alaska, and Mr. FALEOMAVAEGA) introduced the following bill; which was referred to the Committee on Resources 

OCTOBER 6, 2004 

Additional sponsors: Ms. BORDALLO, Mr. GRIJALVA, Mr. MORAN of Virginia, 

and Mr. KILDEE

OCTOBER 6, 2004 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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, and 

for other purposes. 
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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 2004’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the Constitution vests Congress with the au9 thority to address the conditions of the indigenous, 

10 native people of the United States; 

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

12 Hawaiian archipelago that is now part of the United 

13 States, are indigenous, native people of the United 

14 States; 

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

16 legal responsibility to promote the welfare of the na17 tive people of the United States, including Native 

18 Hawaiians; 

19 (4) under the treaty making power of the 

20 United States, Congress exercised its constitutional 

21 authority to confirm treaties between the United 

22 States and the Kingdom of Hawaii, and from 1826 

23 until 1893, the United States— 

24 (A) recognized the sovereignty of the King25 dom of Hawaii; 
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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 with the Kingdom of Hawaii to govern com5 merce and navigation in 1826, 1842, 1849, 

6 1875, and 1887; 

7 (5) pursuant to the Hawaiian Homes Commis8 sion Act, 1920 (42 Stat. 108, chapter 42), the 

9 United States set aside approximately 203,500 acres 

10 of land to address the conditions of Native Hawai11 ians in the Federal territory that later became the 

12 State of Hawaii; 

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

14 Native Hawaiian homesteads and farms, the Hawai15 ian Homes Commission Act assists the members of 

16 the Native Hawaiian community in maintaining dis17 tinct native settlements throughout the State of Ha18 waii; 

19 (7) approximately 6,800 Native Hawaiian fami20 lies reside on the Hawaiian Home Lands and ap21 proximately 18,000 Native Hawaiians who are eligi22 ble to reside on the Hawaiian Home Lands are on 

23 a waiting list to receive assignments of Hawaiian 

24 Home Lands; 
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1 (8)(A) in 1959, as part of the compact with the 

2 United States admitting Hawaii into the Union, 

3 Congress established a public trust (commonly 

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

5 1 of which is the betterment of the conditions of Na6 tive Hawaiians; 

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

8 submerged lands, natural resources, and the reve9 nues derived from the lands; and 

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

11 been completely inventoried or segregated; 

12 (9) Native Hawaiians have continuously sought 

13 access to the ceded lands in order to establish and 

14 maintain native settlements and distinct native com15 munities throughout the State; 

16 (10) the Hawaiian Home Lands and other 

17 ceded lands provide an important foundation for the 

18 ability of the Native Hawaiian community to main19 tain the practice of Native Hawaiian culture, lan20 guage, and traditions, and for the survival and eco21 nomic self-sufficiency of the Native Hawaiian people; 

22 (11) Native Hawaiians continue to maintain 

23 other distinctly native areas in Hawaii; 

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

25 150 (107 Stat. 1510) (commonly known as the 
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1 ‘‘Apology Resolution’’) was enacted into law, extend2 ing an apology on behalf of the United States to the 

3 native people of Hawaii for the United States’ role 

4 in the overthrow of the Kingdom of Hawaii; 

5 (13) the Apology Resolution acknowledges that 

6 the overthrow of the Kingdom of Hawaii occurred 

7 with the active participation of agents and citizens 

8 of the United States and further acknowledges that 

9 the Native Hawaiian people never directly relin10 quished to the United States their claims to their in11 herent sovereignty as a people over their national 

12 lands, either through the Kingdom of Hawaii or 

13 through a plebiscite or referendum; 

14 (14) the Apology Resolution expresses the com15 mitment of Congress and the President— 

16 (A) to acknowledge the ramifications of the 

17 overthrow of the Kingdom of Hawaii; 

18 (B) to support reconciliation efforts be19 tween the United States and Native Hawaiians; 

20 and 

21 (C) to consult with Native Hawaiians on 

22 the reconciliation process as called for in the 

23 Apology Resolution; 

24 (15) despite the overthrow of the government of 

25 the Kingdom of Hawaii, Native Hawaiians have con-
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1 tinued to maintain their separate identity as a dis2 tinct native community through cultural, social, and 

3 political institutions, and to give expression to their 

4 rights as native people to self-determination, self-gov5 ernance, and economic self-sufficiency; 

6 (16) Native Hawaiians have also given expres7 sion to their rights as native people to self-deter8 mination, self-governance, and economic self-suffi9 ciency— 

10 (A) through the provision of governmental 

11 services to Native Hawaiians, including the pro12 vision of— 

13 (i) health care services; 

14 (ii) educational programs; 

15 (iii) employment and training pro16 grams; 

17 (iv) economic development assistance 

18 programs; 

19 (v) children’s services; 

20 (vi) conservation programs; 

21 (vii) fish and wildlife protection; 

22 (viii) agricultural programs; 

23 (ix) native language immersion pro24 grams; 
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1 (x) native language immersion schools 

2 from kindergarten through high school; 

3 (xi) college and master’s degree pro4 grams in native language immersion in5 struction; and 

6 (xii) traditional justice programs; and 

7 (B) by continuing their efforts to enhance 

8 Native Hawaiian self-determination and local 

9 control; 

10 (17) Native Hawaiians are actively engaged in 

11 Native Hawaiian cultural practices, traditional agri12 cultural methods, fishing and subsistence practices, 

13 maintenance of cultural use areas and sacred sites, 

14 protection of burial sites, and the exercise of their 

15 traditional rights to gather medicinal plants and 

16 herbs, and food sources; 

17 (18) the Native Hawaiian people wish to pre18 serve, develop, and transmit to future generations of 

19 Native Hawaiians their lands and Native Hawaiian 

20 political and cultural identity in accordance with 

21 their traditions, beliefs, customs and practices, lan22 guage, and social and political institutions, to con23 trol and manage their own lands, including ceded 

24 lands, and to achieve greater self-determination over 

25 their own affairs; 
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1 (19) this Act provides a process within the 

2 framework of Federal law for the Native Hawaiian 

3 people to exercise their inherent rights as a distinct, 

4 indigenous, native community to reorganize a Native 

5 Hawaiian governing entity for the purpose of giving 

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

8 (20) Congress— 

9 (A) has declared that the United States 

10 has a special responsibility for the welfare of 

11 the native peoples of the United States, includ12 ing Native Hawaiians; 

13 (B) has identified Native Hawaiians as a 

14 distinct group of indigenous, native people of 

15 the United States within the scope of its au16 thority under the Constitution, and has enacted 

17 scores of statutes on their behalf; and 

18 (C) has delegated broad authority to the 

19 State of Hawaii to administer some of the 

20 United States’ responsibilities as they relate to 

21 the Native Hawaiian people and their lands; 

22 (21) the United States has recognized and re23 affirmed the special political and legal relationship 

24 with the Native Hawaiian people through the enact25 ment of the Act entitled, ‘‘An Act to provide for the 
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1 admission of the State of Hawaii into the Union’’, 

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

3 Stat. 4), by— 

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

5 the public lands formerly held by the United 

6 States, and mandating that those lands be held 

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

8 for the betterment of the conditions of Native 

9 Hawaiians; and 

10 (B) transferring the United States’ respon11 sibility for the administration of the Hawaiian 

12 Home Lands to the State of Hawaii, but retain13 ing the authority to enforce the trust, including 

14 the exclusive right of the United States to con15 sent to any actions affecting the lands that 

16 comprise the corpus of the trust and any 

17 amendments to the Hawaiian Homes Commis18 sion Act, 1920 (42 Stat. 108, chapter 42) that 

19 are enacted by the legislature of the State of 

20 Hawaii affecting the beneficiaries under the 

21 Act; 

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

24 (A) Native Hawaiians have a cultural, his25 toric, and land-based link to the aboriginal, in-
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1 digenous, native people who exercised sov2 ereignty over the Hawaiian Islands; 

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

6 (C) the United States extends services to 

7 Native Hawaiians because of their unique sta8 tus as the indigenous, native people of a once9 sovereign nation with whom the United States 

10 has a political and legal relationship; and 

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

14 status as aboriginal, indigenous, native people 

15 of the United States; and 

16 (23) the State of Hawaii supports the reaffir17 mation of the political and legal relationship between 

18 the Native Hawaiian governing entity and the 

19 United States as evidenced by 2 unanimous resolu20 tions enacted by the Hawaii State Legislature in the 

21 2000 and 2001 sessions of the Legislature and by 

22 the testimony of the Governor of the State of Hawaii 

23 before the Committee on Indian Affairs of the Sen24 ate on February 25, 2003. 
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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ABORIGINAL, INDIGENOUS, NATIVE PEO4 PLE.—The term ‘‘aboriginal, indigenous, native peo5 ple’’ means people whom Congress has recognized as 

6 the original inhabitants of the lands that later be7 came part of the United States and who exercised 

8 sovereignty in the areas that later became part of 

9 the United States. 

10 (2) ADULT MEMBER.—The term ‘‘adult mem11 ber’’ means a Native Hawaiian who has attained the 

12 age of 18 and who elects to participate in the reor13 ganization of the Native Hawaiian governing entity. 

14 (3) APOLOGY RESOLUTION.—The term ‘‘Apol15 ogy Resolution’’ means Public Law 103–150, (107 

16 Stat. 1510), a Joint Resolution extending an apol17 ogy to Native Hawaiians on behalf of the United 

18 States for the participation of agents of the United 

19 States in the January 17, 1893 overthrow of the 

20 Kingdom of Hawaii. 

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

22 means the Commission established under section 

23 7(b) to provide for the certification that those adult 

24 members of the Native Hawaiian community listed 

25 on the roll meet the definition of Native Hawaiian 

26 set forth in section 3(8). 
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1 (5) COUNCIL.—The term ‘‘council’’ means the 

2 Native Hawaiian Interim Governing Council estab3 lished under section 7(c)(2). 

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

5 ‘‘indigenous, native people’’ means the lineal de6 scendants of the aboriginal, indigenous, native peo7 ple of the United States. 

8 (7) INTERAGENCY COORDINATING GROUP.—The 

9 term ‘‘Interagency Coordinating Group’’ means the 

10 Native Hawaiian Interagency Coordinating Group 

11 established under section 6. 

12 (8) NATIVE HAWAIIAN.—For the purpose of es13 tablishing the roll authorized under section 7(c)(1) 

14 and before the reaffirmation of the political and 

15 legal relationship between the United States and the 

16 Native Hawaiian governing entity, the term ‘‘Native 

17 Hawaiian’’ means— 

18 (A) an individual who is one of the indige19 nous, native people of Hawaii and who is a di20 rect lineal descendant of the aboriginal, indige21 nous, native people who— 

22 (i) resided in the islands that now 

23 comprise the State of Hawaii on or before 

24 January 1, 1893; and 
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1 (ii) occupied and exercised sovereignty 

2 in the Hawaiian archipelago, including the 

3 area that now constitutes the State of Ha4 waii; or 

5 (B) an individual who is one of the indige6 nous, native people of Hawaii and who was eli7 gible in 1921 for the programs authorized by 

8 the Hawaiian Homes Commission Act (42 Stat. 

9 108, chapter 42) or a direct lineal descendant 

10 of that individual. 

11 (9) NATIVE HAWAIIAN GOVERNING ENTITY.— 

12 The term ‘‘Native Hawaiian Governing Entity’’ 

13 means the governing entity organized by the Native 

14 Hawaiian people pursuant to this Act. 

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

16 United States Office for Native Hawaiian Relations 

17 established under section 5(a). 

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

19 means the Secretary of the Department of the Inte20 rior. 

21 SEC. 4. UNITED STATES POLICY AND PURPOSE. 

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

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

24 indigenous, native people with whom the United 

25 States has a special political and legal relationship; 
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1 (2) the United States has a special political and 

2 legal relationship with the Native Hawaiian people 

3 which includes promoting the welfare of Native Ha4 waiians; 

5 (3) Congress possesses the authority under the 

6 Constitution, including but not limited to Article I, 

7 section 8, clause 3, to enact legislation to address 

8 the conditions of Native Hawaiians and has exer9 cised this authority through the enactment of— 

10 (A) the Hawaiian Homes Commission Act, 

11 1920 (42 Stat. 108, chapter 42); 

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

13 the admission of the State of Hawaii into the 

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

15 86–3, 73 Stat. 4); and 

16 (C) more than 150 other Federal laws ad17 dressing the conditions of Native Hawaiians; 

18 (4) Native Hawaiians have— 

19 (A) an inherent right to autonomy in their 

20 internal affairs; 

21 (B) an inherent right of self-determination 

22 and self-governance; 

23 (C) the right to reorganize a Native Ha24 waiian governing entity; and 
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1 (D) the right to become economically self2 sufficient; and 

3 (5) the United States shall continue to engage 

4 in a process of reconciliation and political relations 

5 with the Native Hawaiian people. 

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

7 a process for the reorganization of the Native Hawaiian 

8 governing entity and the reaffirmation of the political and 

9 legal relationship between the United States and the Na10 tive Hawaiian governing entity for purposes of continuing 

11 a government-to-government relationship. 

12 SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RE13 LATIONS. 

14 (a) ESTABLISHMENT.—There is established within 

15 the Office of the Secretary of the United States Office for 

16 Native Hawaiian Relations. 

17 (b) DUTIES.—The Office shall— 

18 (1) continue the process of reconciliation with 

19 the Native Hawaiian people in furtherance of the 

20 Apology Resolution; 

21 (2) upon the reaffirmation of the political and 

22 legal relationship between the Native Hawaiian gov23 erning entity and the United States, effectuate and 

24 coordinate the special political and legal relationship 

25 between the Native Hawaiian governing entity and 
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1 the United States through the Secretary, and with 

2 all other Federal agencies; 

3 (3) fully integrate the principle and practice of 

4 meaningful, regular, and appropriate consultation 

5 with the Native Hawaiian governing entity by pro6 viding timely notice to, and consulting with, the Na7 tive Hawaiian people and the Native Hawaiian gov8 erning entity before taking any actions that may 

9 have the potential to significantly affect Native Ha10 waiian resources, rights, or lands; 

11 (4) consult with the Interagency Coordinating 

12 Group, other Federal agencies, the Governor of the 

13 State of Hawaii and relevant agencies of the State 

14 of Hawaii on policies, practices, and proposed ac15 tions affecting Native Hawaiian resources, rights, or 

16 lands; and 

17 (5) prepare and submit to the Committee on 

18 Indian Affairs and the Committee on Energy and 

19 Natural Resources of the Senate, the Committee on 

20 Resources of the House of Representatives, an an21 nual report detailing the activities of the Interagency 

22 Coordinating Group that are undertaken with re23 spect to the continuing process of reconciliation and 

24 to effect meaningful consultation with the Native 

25 Hawaiian governing entity and providing rec-
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1 ommendations for any necessary changes to Federal 

2 law or regulations promulgated under the authority 

3 of Federal law. 

4 SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING 

5 GROUP. 

6 (a) ESTABLISHMENT.—In recognition that Federal 

7 programs authorized to address the conditions of Native 

8 Hawaiians are largely administered by Federal agencies 

9 other than the Department of the Interior, there is estab10 lished an interagency coordinating group to be known as 

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

12 (b) COMPOSITION.—The Interagency Coordinating 

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

14 the President, from— 

15 (1) each Federal agency that administers Na16 tive Hawaiian programs, establishes or implements 

17 policies that affect Native Hawaiians, or whose ac18 tions may significantly or uniquely impact Native 

19 Hawaiian resources, rights, or lands; and 

20 (2) the Office. 

21 (c) LEAD AGENCY.— 

22 (1) IN GENERAL.—The Department of the Inte23 rior shall serve as the lead agency of the Interagency 

24 Coordinating Group. 
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1 (2) MEETINGS.—The Secretary shall convene 

2 meetings of the Interagency Coordinating Group. 

3 (d) DUTIES.—The Interagency Coordinating Group 

4 shall— 

5 (1) coordinate Federal programs and policies 

6 that affect Native Hawaiians or actions by any agen7 cy or agencies of the Federal Government that may 

8 significantly or uniquely affect Native Hawaiian re9 sources, rights, or lands; 

10 (2) ensure that each Federal agency develops a 

11 policy on consultation with the Native Hawaiian peo12 ple, and upon the reaffirmation of the political and 

13 legal relationship between the Native Hawaiian gov14 erning entity and the United States, consultation 

15 with the Native Hawaiian governing entity; and 

16 (3) ensure the participation of each Federal 

17 agency in the development of the report to Congress 

18 authorized in section 5(b)(5). 
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1 SEC. 7. PROCESS FOR THE REORGANIZATION OF THE NA2 TIVE HAWAIIAN GOVERNING ENTITY AND 

3 THE REAFFIRMATION OF THE POLITICAL 

4 AND LEGAL RELATIONSHIP BETWEEN THE 

5 UNITED STATES AND THE NATIVE HAWAIIAN 

6 GOVERNING ENTITY. 

7 (a) RECOGNITION OF THE NATIVE HAWAIIAN GOV8 ERNING ENTITY.—The right of the Native Hawaiian peo9 ple to reorganize the Native Hawaiian governing entity to 

10 provide for their common welfare and to adopt appropriate 

11 organic governing documents is recognized by the United 

12 States. 

13 (b) COMMISSION.— 

14 (1) IN GENERAL.—There is authorized to be es15 tablished a Commission to be composed of nine 

16 members for the purposes of— 

17 (A) preparing and maintaining a roll of the 

18 adult members of the Native Hawaiian commu19 nity who elect to participate in the reorganiza20 tion of the Native Hawaiian governing entity; 

21 and 

22 (B) certifying that the adult members of 

23 the Native Hawaiian community proposed for 

24 inclusion on the roll meet the definition of Na25 tive Hawaiian in section 3(8). 

26 (2) MEMBERSHIP.— 
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1 (A) APPOINTMENT.—Within 180 days of 

2 the date of enactment of this Act, the Secretary 

3 shall appoint the members of the Commission 

4 in accordance with subclause (B). Any vacancy 

5 on the Commission shall not affect its powers 

6 and shall be filled in the same manner as the 

7 original appointment. 

8 (B) REQUIREMENTS.—The members of the 

9 Commission shall be Native Hawaiian, as de10 fined in section 3(8), and shall have expertise in 

11 the determination of Native Hawaiian ancestry 

12 and lineal descendancy. 

13 (3) EXPENSES.—Each member of the Commis14 sion shall be allowed travel expenses, including per 

15 diem in lieu of subsistence, at rates authorized for 

16 employees of agencies under subchapter I of chapter 

17 57 of title 5, United States Code, while away from 

18 their homes or regular places of business in the per19 formance of services for the Commission. 

20 (4) DUTIES.—The Commission shall— 

21 (A) prepare and maintain a roll of the 

22 adult members of the Native Hawaiian commu23 nity who elect to participate in the reorganiza24 tion of the Native Hawaiian governing entity; 

25 and 
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1 (B) certify that each of the adult members 

2 of the Native Hawaiian community proposed for 

3 inclusion on the roll meet the definition of Na4 tive Hawaiian in section 3(8). 

5 (5) STAFF.— 

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

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

12 (B) COMPENSATION.— 

13 (i) IN GENERAL.—Except as provided 

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

15 compensation of the executive director and 

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

18 chapter 53 of title 5, United States Code, 

19 relating to classification of positions and 

20 General Schedule pay rates. 

21 (ii) MAXIMUM RATE OF PAY.—The 

22 rate of pay for the executive director and 

23 other personnel shall not exceed the rate 

24 payable for level V of the Executive Sched-
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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 polit21 ical and legal relationship between the Native Ha22 waiian governing entity and the United States. 

23 (c) PROCESS FOR THE REORGANIZATION OF THE NA24 TIVE HAWAIIAN GOVERNING ENTITY.— 

25 (1) ROLL.— 
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1 (A) CONTENTS.—The roll shall include the 

2 names of the adult members of the Native Ha3 waiian community who elect to participate in 

4 the reorganization of the Native Hawaiian gov5 erning entity and are certified to be Native Ha6 waiian as defined in section 3(8) by the Com7 mission. 

8 (B) FORMATION OF ROLL.—Each adult 

9 member of the Native Hawaiian community 

10 who elects to participate in the reorganization 

11 of the Native Hawaiian governing entity shall 

12 submit to the Commission documentation in the 

13 form established by the Commission that is suf14 ficient to enable the Commission to determine 

15 whether the individual meets the definition of 

16 Native Hawaiian in section 3(8). 

17 (C) DOCUMENTATION.—The Commission 

18 shall— 

19 (i) identify the types of documentation 

20 that may be submitted to the Commission 

21 that would enable the Commission to de22 termine whether an individual meets the 

23 definition of Native Hawaiian in section 

24 3(8); 
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1 (ii) establish a standard format for 

2 the submission of documentation; and 

3 (iii) publish information related to 

4 subclauses (i) and (ii) in the Federal Reg5 ister; 

6 (D) CONSULTATION.—In making deter7 minations that each of the adult members of 

8 the Native Hawaiian community proposed for 

9 inclusion on the roll meets the definition of Na10 tive Hawaiian in section 3(8), the Commission 

11 may consult with Native Hawaiian organiza12 tions, agencies of the State of Hawaii including 

13 but not limited to the Department of Hawaiian 

14 Home Lands, the Office of Hawaiian Affairs, 

15 and the State Department of Health, and other 

16 entities with expertise and experience in the de17 termination of Native Hawaiian ancestry and 

18 lineal descendancy. 

19 (E) CERTIFICATION AND SUBMITTAL OF

20 ROLL TO SECRETARY.—The Commission 

21 shall— 

22 (i) submit the roll containing the 

23 names of the adult members of the Native 

24 Hawaiian community who meet the defini25 tion of Native Hawaiian in section 3(8) to 
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1 the Secretary within two years from the 

2 date on which the Commission is fully 

3 composed; and 

4 (ii) certify to the Secretary that each 

5 of the adult members of the Native Hawai6 ian community proposed for inclusion on 

7 the roll meets the definition of Native Ha8 waiian in section 3(8). 

9 (F) PUBLICATION.—Upon certification by 

10 the Commission to the Secretary that those list11 ed on the roll meet the definition of Native Ha12 waiian in section 3(8), the Secretary shall pub13 lish the roll in the Federal Register. 

14 (G) APPEAL.—The Secretary may estab15 lish a mechanism for an appeal for any person 

16 whose name is excluded from the roll who 

17 claims to meet the definition of Native Hawai18 ian in section 3(8) and to be 18 years of age 

19 or older. 

20 (H) PUBLICATION; UPDATE.—The Sec21 retary shall— 

22 (i) publish the roll regardless of 

23 whether appeals are pending; 
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1 (ii) update the roll and the publication 

2 of the roll on the final disposition of any 

3 appeal; 

4 (iii) update the roll to include any Na5 tive Hawaiian who has attained the age of 

6 18 and who has been certified by the Com7 mission as meeting the definition of Native 

8 Hawaiian in section 3(8) after the initial 

9 publication of the roll or after any subse10 quent publications of the roll. 

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

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

13 after the date on which the roll is submitted to 

14 the Secretary, the Commission shall publish the 

15 roll notwithstanding any order or directive 

16 issued by the Secretary or any other official of 

17 the Department of the Interior to the contrary. 

18 (J) EFFECT OF PUBLICATION.—The publi19 cation of the initial and updated roll shall serve 

20 as the basis for the eligibility of adult members 

21 of the Native Hawaiian community whose 

22 names are listed on those rolls to participate in 

23 the reorganization of the Native Hawaiian gov24 erning entity. 
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1 (2) ORGANIZATION OF THE NATIVE HAWAIIAN

2 INTERIM GOVERNING COUNCIL.— 

3 (A) ORGANIZATION.—The adult members 

4 of the Native Hawaiian community listed on the 

5 roll published under this section may— 

6 (i) develop criteria for candidates to 

7 be elected to serve on the Native Hawaiian 

8 Interim Governing Council; 

9 (ii) determine the structure of the 

10 Council; and 

11 (iii) elect members from individuals 

12 listed on the roll published under this sub13 section to the Council. 

14 (B) POWERS.— 

15 (i) IN GENERAL.—The Council— 

16 (I) may represent those listed on 

17 the roll published under this section in 

18 the implementation of this Act; and 

19 (II) shall have no powers other 

20 than powers given to the Council 

21 under this Act. 

22 (ii) FUNDING.—The Council may 

23 enter into a contract with, or obtain a 

24 grant from, any Federal or State agency to 

25 carry out clause (iii). 
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1 (iii) ACTIVITIES.— 

2 (I) IN GENERAL.—The Council 

3 may conduct a referendum among the 

4 adult members of the Native Hawai5 ian community listed on the roll pub6 lished under this subsection for the 

7 purpose of determining the proposed 

8 elements of the organic governing doc9 uments of the Native Hawaiian gov10 erning entity, including but not lim11 ited to— 

12 (aa) the proposed criteria 

13 for citizenship of the Native Ha14 waiian governing entity; 

15 (bb) the proposed powers 

16 and authorities to be exercised by 

17 the Native Hawaiian governing 

18 entity, as well as the proposed 

19 privileges and immunities of the 

20 Native Hawaiian governing enti21 ty; 

22 (cc) the proposed civil rights 

23 and protection of the rights of 

24 the citizens of the Native Hawai25 ian governing entity and all per-
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1 sons affected by the exercise of 

2 governmental powers and au3 thorities of the Native Hawaiian 

4 governing entity; and 

5 (dd) other issues determined 

6 appropriate by the Council. 

7 (II) DEVELOPMENT OF ORGANIC

8 GOVERNING DOCUMENTS.—Based on 

9 the referendum, the Council may de10 velop proposed organic governing doc11 uments for the Native Hawaiian gov12 erning entity. 

13 (III) DISTRIBUTION.—The Coun14 cil may distribute to all adult mem15 bers of the Native Hawaiian commu16 nity listed on the roll published under 

17 this subsection— 

18 (aa) a copy of the proposed 

19 organic governing documents, as 

20 drafted by the Council; and 

21 (bb) a brief impartial de22 scription of the proposed organic 

23 governing documents; 

24 (IV) ELECTIONS.—The Council 

25 may hold elections for the purpose of 
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1 ratifying the proposed organic gov2 erning documents, and on certification 

3 of the organic governing documents 

4 by the Secretary in accordance with 

5 paragraph (4), hold elections of the 

6 officers of the Native Hawaiian gov7 erning entity pursuant to paragraph 

8 (5). 

9 (3) SUBMITTAL OF ORGANIC GOVERNING DOCU10 MENTS.—Following the reorganization of the Native 

11 Hawaiian governing entity and the adoption of or12 ganic governing documents, the Council shall submit 

13 the organic governing documents of the Native Ha14 waiian governing entity to the Secretary. 

15 (4) CERTIFICATIONS.— 

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

17 the future negotiations to be conducted under 

18 the authority of section 8(b)(1), and the subse19 quent actions by the Congress and the State of 

20 Hawaii to enact legislation to implement the 

21 agreements of the three governments, not later 

22 than 90 days after the date on which the Coun23 cil submits the organic governing documents to 

24 the Secretary, the Secretary shall certify that 

25 the organic governing documents— 
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1 (i) establish the criteria for citizenship 

2 in the Native Hawaiian governing entity; 

3 (ii) were adopted by a majority vote of 

4 the adult members of the Native Hawaiian 

5 community whose names are listed on the 

6 roll published by the Secretary; 

7 (iii) provide authority for the Native 

8 Hawaiian governing entity to negotiate 

9 with Federal, State, and local govern10 ments, and other entities; 

11 (iv) provide for the exercise of govern12 mental authorities by the Native Hawaiian 

13 governing entity, including any authorities 

14 that may be delegated to the Native Ha15 waiian governing entity by the United 

16 States and the State of Hawaii following 

17 negotiations authorized in section 8(b)(1) 

18 and the enactment of legislation to imple19 ment the agreements of the three govern20 ments; 

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

22 or encumbrance of lands, interests in 

23 lands, or other assets of the Native Hawai24 ian governing entity without the consent of 

25 the Native Hawaiian governing entity; 
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1 (vi) provide for the protection of the 

2 civil rights of the citizens of the Native 

3 Hawaiian governing entity and all persons 

4 affected by the exercise of governmental 

5 powers and authorities by the Native Ha6 waiian governing entity; and 

7 (vii) are consistent with applicable 

8 Federal law and the special political and 

9 legal relationship between the United 

10 States and the indigenous, native people of 

11 the United States; provided that the provi12 sions of Public Law 103–454, 25 U.S.C. 

13 479a, shall not apply. 

14 (B) RESUBMISSION IN CASE OF NON15 COMPLIANCE WITH THE REQUIREMENTS OF

16 SUBPARAGRAPH (A).— 

17 (i) RESUBMISSION BY THE SEC18 RETARY.—If the Secretary determines that 

19 the organic governing documents, or any 

20 part of the documents, do not meet all of 

21 the requirements set forth in subparagraph 

22 (A), the Secretary shall resubmit the or23 ganic governing documents to the Council, 

24 along with a justification for each of the 
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1 Secretary’s findings as to why the provi2 sions are not in full compliance. 

3 (ii) AMENDMENT AND RESUBMISSION

4 OF ORGANIC GOVERNING DOCUMENTS.—If 

5 the organic governing documents are re6 submitted to the Council by the Secretary 

7 under clause (i), the Council shall— 

8 (I) amend the organic governing 

9 documents to ensure that the docu10 ments meet all the requirements set 

11 forth in subparagraph (A); and 

12 (II) resubmit the amended or13 ganic governing documents to the Sec14 retary for certification in accordance 

15 with this paragraph. 

16 (C) CERTIFICATIONS DEEMED MADE.— 

17 The certifications under paragraph (4) shall be 

18 deemed to have been made if the Secretary has 

19 not acted within 90 days after the date on 

20 which the Council has submitted the organic 

21 governing documents of the Native Hawaiian 

22 governing entity to the Secretary. 

23 (5) ELECTIONS.—On completion of the certifi24 cations by the Secretary under paragraph (4), the 
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1 Council may hold elections of the officers of the Na2 tive Hawaiian governing entity. 

3 (6) REAFFIRMATION.—Notwithstanding any 

4 other provision of law, upon the certifications re5 quired under paragraph (4) and the election of the 

6 officers of the Native Hawaiian governing entity, the 

7 political and legal relationship between the United 

8 States and the Native Hawaiian governing entity is 

9 hereby reaffirmed and the United States extends 

10 Federal recognition to the Native Hawaiian gov11 erning entity as the representative governing body of 

12 the Native Hawaiian people. 

13 SEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL AU14 THORITY; NEGOTIATIONS; CLAIMS. 

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

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

17 conditions of the indigenous, native people of Hawaii con18 tained in the Act entitled ‘‘An Act to provide for the ad19 mission of the State of Hawaii into the Union’’ approved 

20 March 18, 1959 (Public Law 86–3, 73 Stat. 5) is re21 affirmed. 

22 (b) NEGOTIATIONS.— 

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

24 the political and legal relationship between the 

25 United States and the Native Hawaiian governing 
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1 entity, the United States and the State of Hawaii 

2 may enter into negotiations with the Native Hawai3 ian governing entity designed to lead to an agree4 ment addressing such matters as— 

5 (A) the transfer of lands, natural re6 sources, and other assets, and the protection of 

7 existing rights related to such lands or re8 sources; 

9 (B) the exercise of governmental authority 

10 over any transferred lands, natural resources, 

11 and other assets, including land use; 

12 (C) the exercise of civil and criminal juris13 diction; 

14 (D) the delegation of governmental powers 

15 and authorities to the Native Hawaiian gov16 erning entity by the United States and the 

17 State of Hawaii; and 

18 (E) any residual responsibilities of the 

19 United States and the State of Hawaii. 

20 (2) AMENDMENTS TO EXISTING LAWS.—Upon 

21 agreement on any matter or matters negotiated with 

22 the United States, the State of Hawaii, and the Na23 tive Hawaiian governing entity, the parties shall sub24 mit— 
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1 (A) to the Committee on Indian Affairs of 

2 the Senate, the Committee on Energy and Nat3 ural Resources of the Senate, and the Com4 mittee on Resources of the House of Represent5 atives, recommendations for proposed amend6 ments to Federal law that will enable the imple7 mentation of agreements reached between the 

8 three governments; and 

9 (B) to the Governor and the legislature of 

10 the State of Hawaii, recommendations for pro11 posed amendments to State law that will enable 

12 the implementation of agreements reached be13 tween the three governments. 

14 (c) CLAIMS.— 

15 (1) IN GENERAL.—Nothing in this Act serves 

16 as a settlement of any claim against the United 

17 States. 

18 (2) STATUTE OF LIMITATIONS.—Any claim 

19 against the United States arising under Federal law 

20 that— 

21 (A) is in existence on the date of enact22 ment of this Act; 

23 (B) is asserted by the Native Hawaiian 

24 governing entity on behalf of the Native Hawai25 ian people; and 
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1 (C) relates to the legal and political rela2 tionship between the United States and the Na3 tive Hawaiian people; 

4 shall be brought in the court of jurisdiction over 

5 such claims not later than 20 years after the date 

6 on which Federal recognition is extended to the Na7 tive Hawaiian governing entity under section 

8 7(c)(6). 

9 SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS. 

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

11 this Act shall be construed to authorize the Native Hawai12 ian governing entity to conduct gaming activities under 

13 the authority of the Indian Gaming Regulatory Act (25 

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

15 (b) BUREAU OF INDIAN AFFAIRS.—Nothing con16 tained in this Act provides an authorization for eligibility 

17 to participate in any programs and services provided by 

18 the Bureau of Indian Affairs for any persons not otherwise 

19 eligible for the programs or services. 

20 SEC. 10. SEVERABILITY. 

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

22 it is the intent of Congress that the remaining sections 

23 or provisions shall continue in full force and effect. 
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1 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this Act. 

Union Calendar No. 460 

108TH CONGRESS 

2D SESSION H. R. 4282 

[Report No. 108–742] 

A BILL 

To express the policy of the United States regardwaiian governing entity, and for other purposes. ognition by the United States of the Native Ha- Hawaiians and to provide a process for the rec- ing the United States relationship with Native 

OCTOBER 6, 2004 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed