I 

108TH CONGRESS 

2D SESSION H. R. 4282

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 

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.

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

3 native people of the United States; 

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

5 Hawaiian archipelago that is now part of the United 

6 States, are indigenous, native people of the United 

7 States; 

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

9 legal responsibility to promote the welfare of the na10 tive people of the United States, including Native 

11 Hawaiians; 

12 (4) under the treaty making power of the 

13 United States, Congress exercised its constitutional 

14 authority to confirm treaties between the United 

15 States and the Kingdom of Hawaii, and from 1826 

16 until 1893, the United States—

17 (A) recognized the sovereignty of the King18 dom of Hawaii; 

19 (B) accorded full diplomatic recognition to 

20 the Kingdom of Hawaii; and 

21 (C) entered into treaties and conventions 

22 with the Kingdom of Hawaii to govern com23 merce and navigation in 1826, 1842, 1849, 

24 1875, and 1887; 
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1 (5) pursuant to the Hawaiian Homes Commis2 sion Act, 1920 (42 Stat. 108, chapter 42), the 

3 United States set aside approximately 203,500 acres 

4 of land to address the conditions of Native Hawai5 ians in the Federal territory that later became the 

6 State of Hawaii; 

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

8 Native Hawaiian homesteads and farms, the Hawai9 ian Homes Commission Act assists the members of 

10 the Native Hawaiian community in maintaining dis11 tinct native settlements throughout the State of Ha12 waii; 

13 (7) approximately 6,800 Native Hawaiian fami14 lies reside on the Hawaiian Home Lands and ap15 proximately 18,000 Native Hawaiians who are eligi16 ble to reside on the Hawaiian Home Lands are on 

17 a waiting list to receive assignments of Hawaiian 

18 Home Lands; 

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

20 United States admitting Hawaii into the Union, 

21 Congress established a public trust (commonly 

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

23 1 of which is the betterment of the conditions of Na24 tive Hawaiians; 
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1 (B) the public trust consists of lands, including 

2 submerged lands, natural resources, and the reve3 nues derived from the lands; and 

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

5 been completely inventoried or segregated; 

6 (9) Native Hawaiians have continuously sought 

7 access to the ceded lands in order to establish and 

8 maintain native settlements and distinct native com9 munities throughout the State; 

10 (10) the Hawaiian Home Lands and other 

11 ceded lands provide an important foundation for the 

12 ability of the Native Hawaiian community to main13 tain the practice of Native Hawaiian culture, lan14 guage, and traditions, and for the survival and eco15 nomic self-sufficiency of the Native Hawaiian people; 

16 (11) Native Hawaiians continue to maintain 

17 other distinctly native areas in Hawaii; 

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

19 150 (107 Stat. 1510) (commonly known as the 

20 ‘‘Apology Resolution’’) was enacted into law, extend21 ing an apology on behalf of the United States to the 

22 native people of Hawaii for the United States’ role 

23 in the overthrow of the Kingdom of Hawaii; 

24 (13) the Apology Resolution acknowledges that 

25 the overthrow of the Kingdom of Hawaii occurred 
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1 with the active participation of agents and citizens 

2 of the United States and further acknowledges that 

3 the Native Hawaiian people never directly relin4 quished to the United States their claims to their in5 herent sovereignty as a people over their national 

6 lands, either through the Kingdom of Hawaii or 

7 through a plebiscite or referendum; 

8 (14) the Apology Resolution expresses the com9 mitment of Congress and the President—

10 (A) to acknowledge the ramifications of the 

11 overthrow of the Kingdom of Hawaii; 

12 (B) to support reconciliation efforts be13 tween the United States and Native Hawaiians; 

14 and 

15 (C) to consult with Native Hawaiians on 

16 the reconciliation process as called for in the 

17 Apology Resolution; 

18 (15) despite the overthrow of the government of 

19 the Kingdom of Hawaii, Native Hawaiians have con20 tinued to maintain their separate identity as a dis21 tinct native community through cultural, social, and 

22 political institutions, and to give expression to their 

23 rights as native people to self-determination, self24 governance, and economic self-sufficiency; 
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1 (16) Native Hawaiians have also given expres2 sion to their rights as native people to self-deter3 mination, self-governance, and economic self-suffi4 ciency—

5 (A) through the provision of governmental 

6 services to Native Hawaiians, including the pro7 vision of—

8 (i) health care services; 

9 (ii) educational programs; 

10 (iii) employment and training pro11 grams; 

12 (iv) economic development assistance 

13 programs; 

14 (v) children’s services; 

15 (vi) conservation programs; 

16 (vii) fish and wildlife protection; 

17 (viii) agricultural programs; 

18 (ix) native language immersion pro19 grams; 

20 (x) native language immersion schools 

21 from kindergarten through high school; 

22 (xi) college and master’s degree pro23 grams in native language immersion in24 struction; 

25 (xii) traditional justice programs, and 
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1 (B) by continuing their efforts to enhance 

2 Native Hawaiian self-determination and local 

3 control; 

4 (17) Native Hawaiians are actively engaged in 

5 Native Hawaiian cultural practices, traditional agri6 cultural methods, fishing and subsistence practices, 

7 maintenance of cultural use areas and sacred sites, 

8 protection of burial sites, and the exercise of their 

9 traditional rights to gather medicinal plants and 

10 herbs, and food sources; 

11 (18) the Native Hawaiian people wish to pre12 serve, develop, and transmit to future generations of 

13 Native Hawaiians their lands and Native Hawaiian 

14 political and cultural identity in accordance with 

15 their traditions, beliefs, customs and practices, lan16 guage, and social and political institutions, to con17 trol and manage their own lands, including ceded 

18 lands, and to achieve greater self-determination over 

19 their own affairs; 

20 (19) this Act provides a process within the 

21 framework of Federal law for the Native Hawaiian 

22 people to exercise their inherent rights as a distinct, 

23 indigenous, native community to reorganize a Native 

24 Hawaiian governing entity for the purpose of giving 
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1 expression to their rights as native people to self-de2 termination and self-governance; 

3 (20) Congress—

4 (A) has declared that the United States 

5 has a special responsibility for the welfare of 

6 the native peoples of the United States, includ7 ing Native Hawaiians; 

8 (B) has identified Native Hawaiians as a 

9 distinct group of indigenous, native people of 

10 the United States within the scope of its au11 thority under the Constitution, and has enacted 

12 scores of statutes on their behalf; and 

13 (C) has delegated broad authority to the 

14 State of Hawaii to administer some of the 

15 United States’ responsibilities as they relate to 

16 the Native Hawaiian people and their lands; 

17 (21) the United States has recognized and re18 affirmed the special political and legal relationship 

19 with the Native Hawaiian people through the enact20 ment of the Act entitled, ‘‘An Act to provide for the 

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

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

23 Stat. 4), by—

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

25 the public lands formerly held by the United 
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1 States, and mandating that those lands be held 

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

3 for the betterment of the conditions of Native 

4 Hawaiians; and 

5 (B) transferring the United States’ respon6 sibility for the administration of the Hawaiian 

7 Home Lands to the State of Hawaii, but retain8 ing the authority to enforce the trust, including 

9 the exclusive right of the United States to con10 sent to any actions affecting the lands that 

11 comprise the corpus of the trust and any 

12 amendments to the Hawaiian Homes Commis13 sion Act, 1920 (42 Stat. 108, chapter 42) that 

14 are enacted by the legislature of the State of 

15 Hawaii affecting the beneficiaries under the 

16 Act; 

17 (22) the United States has continually recog18 nized and reaffirmed that—

19 (A) Native Hawaiians have a cultural, his20 toric, and land-based link to the aboriginal, in21 digenous, native people who exercised sov22 ereignty over the Hawaiian Islands; 

23 (B) Native Hawaiians have never relin24 quished their claims to sovereignty or their sov25 ereign lands; 
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1 (C) the United States extends services to 

2 Native Hawaiians because of their unique sta3 tus as the indigenous, native people of a once4 sovereign nation with whom the United States 

5 has a political and legal relationship; and 

6 (D) the special trust relationship of Amer7 ican Indians, Alaska Natives, and Native Ha8 waiians to the United States arises out of their 

9 status as aboriginal, indigenous, native people 

10 of the United States; and 

11 (23) the State of Hawaii supports the reaffir12 mation of the political and legal relationship between 

13 the Native Hawaiian governing entity and the 

14 United States as evidenced by 2 unanimous resolu15 tions enacted by the Hawaii State Legislature in the 

16 2000 and 2001 sessions of the Legislature and by 

17 the testimony of the Governor of the State of Hawaii 

18 before the Committee on Indian Affairs of the Sen19 ate on February 25, 2003. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

22 (1) ABORIGINAL, INDIGENOUS, NATIVE PEO23 PLE.—The term ‘‘aboriginal, indigenous, native peo24 ple’’ means people whom Congress has recognized as 

25 the original inhabitants of the lands that later be-
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1 came part of the United States and who exercised 

2 sovereignty in the areas that later became part of 

3 the United States. 

4 (2) ADULT MEMBER.—The term ‘‘adult mem5 ber’’ means a Native Hawaiian who has attained the 

6 age of 18 and who elects to participate in the reor7 ganization of the Native Hawaiian governing entity. 

8 (3) APOLOGY RESOLUTION.—The term ‘‘Apol9 ogy Resolution’’ means Public Law 103–150, (107 

10 Stat. 1510), a Joint Resolution extending an apol11 ogy to Native Hawaiians on behalf of the United 

12 States for the participation of agents of the United 

13 States in the January 17, 1893 overthrow of the 

14 Kingdom of Hawaii. 

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

16 means the Commission established under section 

17 7(b) to provide for the certification that those adult 

18 members of the Native Hawaiian community listed 

19 on the roll meet the definition of Native Hawaiian 

20 set forth in section 3(8). 

21 (5) COUNCIL.—The term ‘‘council’’ means the 

22 Native Hawaiian Interim Governing Council estab23 lished under section 7(c)(2). 

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

25 ‘‘indigenous, native people’’ means the lineal de-
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1 scendants of the aboriginal, indigenous, native peo2 ple of the United States. 

3 (7) INTERAGENCY COORDINATING GROUP.—The 

4 term ‘‘Interagency Coordinating Group’’ means the 

5 Native Hawaiian Interagency Coordinating Group 

6 established under section 6. 

7 (8) NATIVE HAWAIIAN.—For the purpose of es8 tablishing the roll authorized under section 7(c)(1) 

9 and before the reaffirmation of the political and 

10 legal relationship between the United States and the 

11 Native Hawaiian governing entity, the term ‘‘Native 

12 Hawaiian’’ means—

13 (A) an individual who is one of the indige14 nous, native people of Hawaii and who is a di15 rect lineal descendant of the aboriginal, indige16 nous, native people who—

17 (i) resided in the islands that now 

18 comprise the State of Hawaii on or before 

19 January 1, 1893; and 

20 (ii) occupied and exercised sovereignty 

21 in the Hawaiian archipelago, including the 

22 area that now constitutes the State of Ha23 waii; or 

24 (B) an individual who is one of the indige25 nous, native people of Hawaii and who was eli-
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1 gible in 1921 for the programs authorized by 

2 the Hawaiian Homes Commission Act (42 Stat. 

3 108, chapter 42) or a direct lineal descendant 

4 of that individual. 

5 (9) NATIVE HAWAIIAN GOVERNING ENTITY.—

6 The term ‘‘Native Hawaiian Governing Entity’’ 

7 means the governing entity organized by the Native 

8 Hawaiian people pursuant to this Act. 

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

10 United States Office for Native Hawaiian Relations 

11 established under section 5(a). 

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

13 means the Secretary of the Department of the Inte14 rior. 

15 SEC. 4. UNITED STATES POLICY AND PURPOSE. 

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

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

18 indigenous, native people with whom the United 

19 States has a special political and legal relationship; 

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

21 legal relationship with the Native Hawaiian people 

22 which includes promoting the welfare of Native Ha23 waiians; 

24 (3) Congress possesses the authority under the 

25 Constitution, including but not limited to Article I, 
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1 section 8, clause 3, to enact legislation to address 

2 the conditions of Native Hawaiians and has exer3 cised this authority through the enactment of—

4 (A) the Hawaiian Homes Commission Act, 

5 1920 (42 Stat. 108, chapter 42); 

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

7 the admission of the State of Hawaii into the 

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

9 86–3, 73 Stat. 4); and 

10 (C) more than 150 other Federal laws ad11 dressing the conditions of Native Hawaiians; 

12 (4) Native Hawaiians have—

13 (A) an inherent right to autonomy in their 

14 internal affairs; 

15 (B) an inherent right of self-determination 

16 and self-governance; 

17 (C) the right to reorganize a Native Ha18 waiian governing entity; and 

19 (D) the right to become economically self20 sufficient; and 

21 (5) the United States shall continue to engage 

22 in a process of reconciliation and political relations 

23 with the Native Hawaiian people. 

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

25 a process for the reorganization of the Native Hawaiian 
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1 governing entity and the reaffirmation of the political and 

2 legal relationship between the United States and the Na3 tive Hawaiian governing entity for purposes of continuing 

4 a government-to-government relationship. 

5 SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RE6 LATIONS. 

7 (a) ESTABLISHMENT.—There is established within 

8 the Office of the Secretary of the United States Office for 

9 Native Hawaiian Relations. 

10 (b) DUTIES.—The Office shall—

11 (1) continue the process of reconciliation with 

12 the Native Hawaiian people in furtherance of the 

13 Apology Resolution; 

14 (2) upon the reaffirmation of the political and 

15 legal relationship between the Native Hawaiian gov16 erning entity and the United States, effectuate and 

17 coordinate the special political and legal relationship 

18 between the Native Hawaiian governing entity and 

19 the United States through the Secretary, and with 

20 all other Federal agencies; 

21 (3) fully integrate the principle and practice of 

22 meaningful, regular, and appropriate consultation 

23 with the Native Hawaiian governing entity by pro24 viding timely notice to, and consulting with, the Na25 tive Hawaiian people and the Native Hawaiian gov-
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1 erning entity before taking any actions that may 

2 have the potential to significantly affect Native Ha3 waiian resources, rights, or lands; 

4 (4) consult with the Interagency Coordinating 

5 Group, other Federal agencies, the Governor of the 

6 State of Hawaii and relevant agencies of the State 

7 of Hawaii on policies, practices, and proposed ac8 tions affecting Native Hawaiian resources, rights, or 

9 lands; and 

10 (5) prepare and submit to the Committee on 

11 Indian Affairs and the Committee on Energy and 

12 Natural Resources of the Senate, the Committee on 

13 Resources of the House of Representatives, an an14 nual report detailing the activities of the Interagency 

15 Coordinating Group that are undertaken with re16 spect to the continuing process of reconciliation and 

17 to effect meaningful consultation with the Native 

18 Hawaiian governing entity and providing rec19 ommendations for any necessary changes to Federal 

20 law or regulations promulgated under the authority 

21 of Federal law. 

22 SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING 

23 GROUP. 

24 (a) ESTABLISHMENT.—In recognition that Federal 

25 programs authorized to address the conditions of Native 
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1 Hawaiians are largely administered by Federal agencies 

2 other than the Department of the Interior, there is estab3 lished an interagency coordinating group to be known as 

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

5 (b) COMPOSITION.—The Interagency Coordinating 

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

7 the President, from—

8 (1) each Federal agency that administers Na9 tive Hawaiian programs, establishes or implements 

10 policies that affect Native Hawaiians, or whose ac11 tions may significantly or uniquely impact Native 

12 Hawaiian resources, rights, or lands; and 

13 (2) the Office. 

14 (c) LEAD AGENCY.—

15 (1) IN GENERAL.—The Department of the Inte16 rior shall serve as the lead agency of the Interagency 

17 Coordinating Group. 

18 (2) MEETINGS.—The Secretary shall convene 

19 meetings of the Interagency Coordinating Group. 

20 (d) DUTIES.—The Interagency Coordinating Group 

21 shall—

22 (1) coordinate Federal programs and policies 

23 that affect Native Hawaiians or actions by any agen24 cy or agencies of the Federal Government that may 
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1 significantly or uniquely affect Native Hawaiian re2 sources, rights, or lands; 

3 (2) ensure that each Federal agency develops a 

4 policy on consultation with the Native Hawaiian peo5 ple, and upon the reaffirmation of the political and 

6 legal relationship between the Native Hawaiian gov7 erning entity and the United States, consultation 

8 with the Native Hawaiian governing entity; and 

9 (3) ensure the participation of each Federal 

10 agency in the development of the report to Congress 

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

12 SEC. 7. PROCESS FOR THE REORGANIZATION OF THE NA13 TIVE HAWAIIAN GOVERNING ENTITY AND 

14 THE REAFFIRMATION OF THE POLITICAL 

15 AND LEGAL RELATIONSHIP BETWEEN THE 

16 UNITED STATES AND THE NATIVE HAWAIIAN 

17 GOVERNING ENTITY. 

18 (a) RECOGNITION OF THE NATIVE HAWAIIAN GOV19 ERNING ENTITY.—The right of the Native Hawaiian peo20 ple to reorganize the Native Hawaiian governing entity to 

21 provide for their common welfare and to adopt appropriate 

22 organic governing documents is recognized by the United 

23 States. 

24 (b) COMMISSION.—
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1 (1) IN GENERAL.—There is authorized to be es2 tablished a Commission to be composed of nine 

3 members for the purposes of—

4 (A) preparing and maintaining a roll of the 

5 adult members of the Native Hawaiian commu6 nity who elect to participate in the reorganiza7 tion of the Native Hawaiian governing entity; 

8 and 

9 (B) certifying that the adult members of 

10 the Native Hawaiian community proposed for 

11 inclusion on the roll meet the definition of Na12 tive Hawaiian in section 3(8). 

13 (2) MEMBERSHIP.—

14 (A) APPOINTMENT.—Within 180 days of 

15 the date of enactment of this Act, the Secretary 

16 shall appoint the members of the Commission 

17 in accordance with subclause (B). Any vacancy 

18 on the Commission shall not affect its powers 

19 and shall be filled in the same manner as the 

20 original appointment. 

21 (B) REQUIREMENTS.—The members of the 

22 Commission shall be Native Hawaiian, as de23 fined in section 3(8), and shall have expertise in 

24 the determination of Native Hawaiian ancestry 

25 and lineal descendancy. 
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1 (3) EXPENSES.—Each member of the Commis2 sion shall be allowed travel expenses, including per 

3 diem in lieu of subsistence, at rates authorized for 

4 employees of agencies under subchapter I of chapter 

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

6 their homes or regular places of business in the per7 formance of services for the Commission. 

8 (4) DUTIES.—The Commission shall—

9 (A) prepare and maintain a roll of the 

10 adult members of the Native Hawaiian commu11 nity who elect to participate in the reorganiza12 tion of the Native Hawaiian governing entity; 

13 and 

14 (B) certify that each of the adult members 

15 of the Native Hawaiian community proposed for 

16 inclusion on the roll meet the definition of Na17 tive Hawaiian in section 3(8). 

18 (5) STAFF.—

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

20 without regard to the civil service laws (includ21 ing regulations), appoint and terminate an exec22 utive director and such other additional per23 sonnel as are necessary to enable the Commis24 sion to perform the duties of the Commission. 

25 (B) COMPENSATION.—
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1 (i) IN GENERAL.—Except as provided 

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

3 compensation of the executive director and 

4 other personnel without regard to the pro5 visions of chapter 51 and subchapter III of 

6 chapter 53 of title 5, United States Code, 

7 relating to classification of positions and 

8 General Schedule pay rates. 

9 (ii) MAXIMUM RATE OF PAY.—The 

10 rate of pay for the executive director and 

11 other personnel shall not exceed the rate 

12 payable for level V of the Executive Sched13 ule under section 5316 of title 5, United 

14 States Code. 

15 (6) DETAIL OF FEDERAL GOVERNMENT EM16 PLOYEES.—

17 (A) IN GENERAL.—An employee of the 

18 Federal Government may be detailed to the 

19 Commission without reimbursement. 

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

21 the employee shall be without interruption or 

22 loss of civil service status or privilege. 

23 (7) PROCUREMENT OF TEMPORARY AND INTER24 MITTENT SERVICES.—The Commission may procure 

25 temporary and intermittent services in accordance 
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1 with section 3109(b) of title 5, United States Code, 

2 at rates for individuals that do not exceed the daily 

3 equivalent of the annual rate of basic pay prescribed 

4 for level V of the Executive Schedule under section 

5 5316 of that title. 

6 (8) EXPIRATION.—The Secretary shall dissolve 

7 the Commission upon the reaffirmation of the polit8 ical and legal relationship between the Native Ha9 waiian governing entity and the United States. 

10 (c) PROCESS FOR THE REORGANIZATION OF THE NA11 TIVE HAWAIIAN GOVERNING ENTITY.—

12 (1) ROLL.—

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

14 names of the adult members of the Native Ha15 waiian community who elect to participate in 

16 the reorganization of the Native Hawaiian gov17 erning entity and are certified to be Native Ha18 waiian as defined in section 3(8) by the Com19 mission. 

20 (B) FORMATION OF ROLL.—Each adult 

21 member of the Native Hawaiian community 

22 who elects to participate in the reorganization 

23 of the Native Hawaiian governing entity shall 

24 submit to the Commission documentation in the 

25 form established by the Commission that is suf-
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1 ficient to enable the Commission to determine 

2 whether the individual meets the definition of 

3 Native Hawaiian in section 3(8). 

4 (C) DOCUMENTATION.—The Commission 

5 shall—

6 (i) identify the types of documentation 

7 that may be submitted to the Commission 

8 that would enable the Commission to de9 termine whether an individual meets the 

10 definition of Native Hawaiian in section 

11 3(8); 

12 (ii) establish a standard format for 

13 the submission of documentation; and 

14 (iii) publish information related to 

15 subclauses (i) and (ii) in the Federal Reg16 ister; 

17 (D) CONSULTATION.—In making deter18 minations that each of the adult members of 

19 the Native Hawaiian community proposed for 

20 inclusion on the roll meets the definition of Na21 tive Hawaiian in section 3(8), the Commission 

22 may consult with Native Hawaiian organiza23 tions, agencies of the State of Hawaii including 

24 but not limited to the Department of Hawaiian 

25 Home Lands, the Office of Hawaiian Affairs, 
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1 and the State Department of Health, and other 

2 entities with expertise and experience in the de3 termination of Native Hawaiian ancestry and 

4 lineal descendancy. 

5 (E) CERTIFICATION AND SUBMITTAL OF

6 ROLL TO SECRETARY.—The Commission 

7 shall—

8 (i) submit the roll containing the 

9 names of the adult members of the Native 

10 Hawaiian community who meet the defini11 tion of Native Hawaiian in section 3(8) to 

12 the Secretary within two years from the 

13 date on which the Commission is fully 

14 composed; and 

15 (ii) certify to the Secretary that each 

16 of the adult members of the Native Hawai17 ian community proposed for inclusion on 

18 the roll meets the definition of Native Ha19 waiian in section 3(8). 

20 (F) PUBLICATION.—Upon certification by 

21 the Commission to the Secretary that those list22 ed on the roll meet the definition of Native Ha23 waiian in section 3(8), the Secretary shall pub24 lish the roll in the Federal Register. 
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1 (G) APPEAL.—The Secretary may estab2 lish a mechanism for an appeal for any person 

3 whose name is excluded from the roll who 

4 claims to meet the definition of Native Hawai5 ian in section 3(8) and to be 18 years of age 

6 or older. 

7 (H) PUBLICATION; UPDATE.—The Sec8 retary shall—

9 (i) publish the roll regardless of 

10 whether appeals are pending; 

11 (ii) update the roll and the publication 

12 of the roll on the final disposition of any 

13 appeal; 

14 (iii) update the roll to include any Na15 tive Hawaiian who has attained the age of 

16 18 and who has been certified by the Com17 mission as meeting the definition of Native 

18 Hawaiian in section 3(8) after the initial 

19 publication of the roll or after any subse20 quent publications of the roll. 

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

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

23 after the date on which the roll is submitted to 

24 the Secretary, the Commission shall publish the 

25 roll notwithstanding any order or directive 
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1 issued by the Secretary or any other official of 

2 the Department of the Interior to the contrary. 

3 (J) EFFECT OF PUBLICATION.—The publi4 cation of the initial and updated roll shall serve 

5 as the basis for the eligibility of adult members 

6 of the Native Hawaiian community whose 

7 names are listed on those rolls to participate in 

8 the reorganization of the Native Hawaiian gov9 erning entity. 

10 (2) ORGANIZATION OF THE NATIVE HAWAIIAN

11 INTERIM GOVERNING COUNCIL.—

12 (A) ORGANIZATION.—The adult members 

13 of the Native Hawaiian community listed on the 

14 roll published under this section may—

15 (i) develop criteria for candidates to 

16 be elected to serve on the Native Hawaiian 

17 Interim Governing Council; 

18 (ii) determine the structure of the 

19 Council; and 

20 (iii) elect members from individuals 

21 listed on the roll published under this sub22 section to the Council. 

23 (B) POWERS.—

24 (i) IN GENERAL.—The Council—
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1 (I) may represent those listed on 

2 the roll published under this section in 

3 the implementation of this Act; and 

4 (II) shall have no powers other 

5 than powers given to the Council 

6 under this Act. 

7 (ii) FUNDING.—The Council may 

8 enter into a contract with, or obtain a 

9 grant from, any Federal or State agency to 

10 carry out clause (iii). 

11 (iii) ACTIVITIES.—

12 (I) IN GENERAL.—The Council 

13 may conduct a referendum among the 

14 adult members of the Native Hawai15 ian community listed on the roll pub16 lished under this subsection for the 

17 purpose of determining the proposed 

18 elements of the organic governing doc19 uments of the Native Hawaiian gov20 erning entity, including but not lim21 ited to—

22 (aa) the proposed criteria 

23 for citizenship of the Native Ha24 waiian governing entity; 
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1 (bb) the proposed powers 

2 and authorities to be exercised by 

3 the Native Hawaiian governing 

4 entity, as well as the proposed 

5 privileges and immunities of the 

6 Native Hawaiian governing enti7 ty; 

8 (cc) the proposed civil rights 

9 and protection of the rights of 

10 the citizens of the Native Hawai11 ian governing entity and all per12 sons affected by the exercise of 

13 governmental powers and au14 thorities of the Native Hawaiian 

15 governing entity; and 

16 (dd) other issues determined 

17 appropriate by the Council. 

18 (II) DEVELOPMENT OF ORGANIC

19 GOVERNING DOCUMENTS.—Based on 

20 the referendum, the Council may de21 velop proposed organic governing doc22 uments for the Native Hawaiian gov23 erning entity. 

24 (III) DISTRIBUTION.—The Coun25 cil may distribute to all adult mem-
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1 bers of the Native Hawaiian commu2 nity listed on the roll published under 

3 this subsection—

4 (aa) a copy of the proposed 

5 organic governing documents, as 

6 drafted by the Council; and 

7 (bb) a brief impartial de8 scription of the proposed organic 

9 governing documents; 

10 (IV) ELECTIONS.—The Council 

11 may hold elections for the purpose of 

12 ratifying the proposed organic gov13 erning documents, and on certification 

14 of the organic governing documents 

15 by the Secretary in accordance with 

16 paragraph (4), hold elections of the 

17 officers of the Native Hawaiian gov18 erning entity pursuant to paragraph 

19 (5). 

20 (3) SUBMITTAL OF ORGANIC GOVERNING DOCU21 MENTS.—Following the reorganization of the Native 

22 Hawaiian governing entity and the adoption of or23 ganic governing documents, the Council shall submit 

24 the organic governing documents of the Native Ha25 waiian governing entity to the Secretary. 
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1 (4) CERTIFICATIONS.—

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

3 the future negotiations to be conducted under 

4 the authority of section 8(b)(1), and the subse5 quent actions by the Congress and the State of 

6 Hawaii to enact legislation to implement the 

7 agreements of the three governments, not later 

8 than 90 days after the date on which the Coun9 cil submits the organic governing documents to 

10 the Secretary, the Secretary shall certify that 

11 the organic governing documents—

12 (i) establish the criteria for citizenship 

13 in the Native Hawaiian governing entity; 

14 (ii) were adopted by a majority vote of 

15 the adult members of the Native Hawaiian 

16 community whose names are listed on the 

17 roll published by the Secretary; 

18 (iii) provide authority for the Native 

19 Hawaiian governing entity to negotiate 

20 with Federal, State, and local govern21 ments, and other entities; 

22 (iv) provide for the exercise of govern23 mental authorities by the Native Hawaiian 

24 governing entity, including any authorities 

25 that may be delegated to the Native Ha-
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•HR 4282 IH 

1 waiian governing entity by the United 

2 States and the State of Hawaii following 

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

4 and the enactment of legislation to imple5 ment the agreements of the three govern6 ments; 

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

8 or encumbrance of lands, interests in 

9 lands, or other assets of the Native Hawai10 ian governing entity without the consent of 

11 the Native Hawaiian governing entity; 

12 (vi) provide for the protection of the 

13 civil rights of the citizens of the Native 

14 Hawaiian governing entity and all persons 

15 affected by the exercise of governmental 

16 powers and authorities by the Native Ha17 waiian governing entity; and 

18 (vii) are consistent with applicable 

19 Federal law and the special political and 

20 legal relationship between the United 

21 States and the indigenous, native people of 

22 the United States; provided that the provi23 sions of Public Law 103–454, 25 U.S.C. 

24 479a, shall not apply. 
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•HR 4282 IH 

1 (B) RESUBMISSION IN CASE OF NON2 COMPLIANCE WITH THE REQUIREMENTS OF

3 SUBPARAGRAPH (A).—

4 (i) RESUBMISSION BY THE SEC5 RETARY.—If the Secretary determines that 

6 the organic governing documents, or any 

7 part of the documents, do not meet all of 

8 the requirements set forth in subparagraph 

9 (A), the Secretary shall resubmit the or10 ganic governing documents to the Council, 

11 along with a justification for each of the 

12 Secretary’s findings as to why the provi13 sions are not in full compliance. 

14 (ii) AMENDMENT AND RESUBMISSION

15 OF ORGANIC GOVERNING DOCUMENTS.—If 

16 the organic governing documents are re17 submitted to the Council by the Secretary 

18 under clause (i), the Council shall—

19 (I) amend the organic governing 

20 documents to ensure that the docu21 ments meet all the requirements set 

22 forth in subparagraph (A); and 

23 (II) resubmit the amended or24 ganic governing documents to the Sec-
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•HR 4282 IH 

1 retary for certification in accordance 

2 with this paragraph. 

3 (C) CERTIFICATIONS DEEMED MADE.—

4 The certifications under paragraph (4) shall be 

5 deemed to have been made if the Secretary has 

6 not acted within 90 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 may hold elections of the officers of the Na13 tive Hawaiian governing entity. 

14 (6) REAFFIRMATION.—Notwithstanding any 

15 other provision of law, upon the certifications re16 quired under paragraph (4) and the election of the 

17 officers of the Native Hawaiian governing entity, the 

18 political and legal relationship between the United 

19 States and the Native Hawaiian governing entity is 

20 hereby reaffirmed and the United States extends 

21 Federal recognition to the Native Hawaiian gov22 erning entity as the representative governing body of 

23 the Native Hawaiian people. 
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•HR 4282 IH 

1 SEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL AU2 THORITY; NEGOTIATIONS; CLAIMS. 

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

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

5 conditions of the indigenous, native people of Hawaii con6 tained in the Act entitled ‘‘An Act to provide for the ad7 mission of the State of Hawaii into the Union’’ approved 

8 March 18, 1959 (Public Law 86–3, 73 Stat. 5) is re9 affirmed. 

10 (b) NEGOTIATIONS.—

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

12 the political and legal relationship between the 

13 United States and the Native Hawaiian governing 

14 entity, the United States and the State of Hawaii 

15 may enter into negotiations with the Native Hawai16 ian governing entity designed to lead to an agree17 ment addressing such matters as—

18 (A) the transfer of lands, natural re19 sources, and other assets, and the protection of 

20 existing rights related to such lands or re21 sources; 

22 (B) the exercise of governmental authority 

23 over any transferred lands, natural resources, 

24 and other assets, including land use; 

25 (C) the exercise of civil and criminal juris26 diction; 
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•HR 4282 IH 

1 (D) the delegation of governmental powers 

2 and authorities to the Native Hawaiian gov3 erning entity by the United States and the 

4 State of Hawaii; and 

5 (E) any residual responsibilities of the 

6 United States and the State of Hawaii. 

7 (2) AMENDMENTS TO EXISTING LAWS.—Upon 

8 agreement on any matter or matters negotiated with 

9 the United States, the State of Hawaii, and the Na10 tive Hawaiian governing entity, the parties shall sub11 mit—

12 (A) to the Committee on Indian Affairs of 

13 the Senate, the Committee on Energy and Nat14 ural Resources of the Senate, and the Com15 mittee on Resources of the House of Represent16 atives, recommendations for proposed amend17 ments to Federal law that will enable the imple18 mentation of agreements reached between the 

19 three governments; and 

20 (B) to the Governor and the legislature of 

21 the State of Hawaii, recommendations for pro22 posed amendments to State law that will enable 

23 the implementation of agreements reached be24 tween the three governments. 

25 (c) CLAIMS.—
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•HR 4282 IH 

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

2 as a settlement of any claim against the United 

3 States. 

4 (2) STATUTE OF LIMITATIONS.—Any claim 

5 against the United States arising under Federal law 

6 that—

7 (A) is in existence on the date of enact8 ment of this Act; 

9 (B) is asserted by the Native Hawaiian 

10 governing entity on behalf of the Native Hawai11 ian people; and 

12 (C) relates to the legal and political rela13 tionship between the United States and the Na14 tive Hawaiian people; 

15 shall be brought in the court of jurisdiction over 

16 such claims not later than 20 years after the date 

17 on which Federal recognition is extended to the Na18 tive Hawaiian governing entity under section 

19 7(c)(6). 

20 SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS. 

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

22 this Act shall be construed to authorize the Native Hawai23 ian governing entity to conduct gaming activities under 

24 the authority of the Indian Gaming Regulatory Act (25 

25 U.S.C. 2701 et seq.). 
37

•HR 4282 IH 

1 (b) BUREAU OF INDIAN AFFAIRS.—Nothing con2 tained in this Act provides an authorization for eligibility 

3 to participate in any programs and services provided by 

4 the Bureau of Indian Affairs for any persons not otherwise 

5 eligible for the programs or services. 

6 SEC. 10. 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. 11. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated such sums 

12 as are necessary to carry out this Act.

Æ