I 

108TH CONGRESS 

1ST SESSION H. R. 665

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 

FEBRUARY 11, 2003

Mr. ABERCROMBIE (for himself and Mr. CASE) 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. FINDINGS. 

4 Congress makes the following findings: 

5 (1) The Constitution vests Congress with the 

6 authority to address the conditions of the indige7 nous, native people of the United States. 
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1 (2) Native Hawaiians, the native people of the 

2 Hawaiian archipelago which is now part of the 

3 United States, are indigenous, native people of the 

4 United States. 

5 (3) The United States has a special trust rela6 tionship to promote the welfare of the native people 

7 of the United States, including Native Hawaiians. 

8 (4) Under the treaty making power of the 

9 United States, Congress exercised its constitutional 

10 authority to confirm a treaty between the United 

11 States and the government that represented the Ha12 waiian people, and from 1826 until 1893, the United 

13 States recognized the independence of the Kingdom 

14 of Hawaii, extended full diplomatic recognition to 

15 the Hawaiian Government, and entered into treaties 

16 and conventions with the Hawaiian monarchs to gov17 ern commerce and navigation in 1826, 1842, 1849, 

18 1875, and 1887. 

19 (5) Pursuant to the provisions of the Hawaiian 

20 Homes Commission Act, 1920 (42 Stat. 108, chap21 ter 42), the United States set aside 203,500 acres 

22 of land in the Federal territory that later became 

23 the State of Hawaii to address the conditions of Na24 tive Hawaiians. 
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1 (6) By setting aside 203,500 acres of land for 

2 Native Hawaiian homesteads and farms, the Act as3 sists the Native Hawaiian community in maintaining 

4 distinct native settlements throughout the State of 

5 Hawaii. 

6 (7) Approximately 6,800 Native Hawaiian les7 sees and their family members reside on Hawaiian 

8 Home Lands and approximately 18,000 Native Ha9 waiians who are eligible to reside on the Home 

10 Lands are on a waiting list to receive assignments 

11 of land. 

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

13 Hawaii into the United States, Congress established 

14 the Ceded Lands Trust for 5 purposes, 1 of which 

15 is the betterment of the conditions of Native Hawai16 ians. Such trust consists of approximately 1,800,000 

17 acres of land, submerged lands, and the revenues de18 rived from such lands, the assets of which have 

19 never been completely inventoried or segregated. 

20 (9) Throughout the years, Native Hawaiians 

21 have repeatedly sought access to the Ceded Lands 

22 Trust and its resources and revenues in order to es23 tablish and maintain native settlements and distinct 

24 native communities throughout the State. 
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1 (10) The Hawaiian Home Lands and the Ceded 

2 Lands provide an important foundation for the abil3 ity of the Native Hawaiian community to maintain 

4 the practice of Native Hawaiian culture, language, 

5 and traditions, and for the survival of the Native 

6 Hawaiian people. 

7 (11) Native Hawaiians have maintained other 

8 distinctly native areas in Hawaii. 

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

10 150 (107 Stat. 1510) (commonly known as the Apol11 ogy Resolution) was enacted into law, extending an 

12 apology on behalf of the United States to the Native 

13 people of Hawaii for the United States role in the 

14 overthrow of the Kingdom of Hawaii. 

15 (13) The Apology Resolution acknowledges that 

16 the overthrow of the Kingdom of Hawaii occurred 

17 with the active participation of agents and citizens 

18 of the United States and further acknowledges that 

19 the Native Hawaiian people never directly relin20 quished their claims to their inherent sovereignty as 

21 a people over their national lands to the United 

22 States, either through their monarchy or through a 

23 plebiscite or referendum.

24 (14) The Apology Resolution expresses the com25 mitment of Congress and the President to acknowl-
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1 edge the ramifications of the overthrow of the King2 dom of Hawaii and to support reconciliation efforts 

3 between the United States and Native Hawaiians; 

4 and to have Congress and the President, through the 

5 President’s designated officials, consult with Native 

6 Hawaiians on the reconciliation process as called for 

7 under the Apology Resolution. 

8 (15) Despite the overthrow of the Hawaiian 

9 Government, Native Hawaiians have continued to 

10 maintain their separate identity as a distinct native 

11 community through the formation of cultural, social, 

12 and political institutions, and to give expression to 

13 their rights as native people to self-determination 

14 and self-governance as evidenced through their par15 ticipation in the Office of Hawaiian Affairs. 

16 (16) Native Hawaiians also give expression to 

17 their rights as native people to self-determination 

18 and self-governance through the provision of govern19 mental services to Native Hawaiians, including the 

20 provision of health care services, educational pro21 grams, employment and training programs, chil22 dren’s services, conservation programs, fish and 

23 wildlife protection, agricultural programs, native lan24 guage immersion programs and native language im25 mersion schools from kindergarten through high 
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1 school, as well as college and master’s degree pro2 grams in native language immersion instruction, and 

3 traditional justice programs, and by continuing their 

4 efforts to enhance Native Hawaiian self-determina5 tion and local control. 

6 (17) Native Hawaiians are actively engaged in 

7 Native Hawaiian cultural practices, traditional agri8 cultural methods, fishing and subsistence practices, 

9 maintenance of cultural use areas and sacred sites, 

10 protection of burial sites, and the exercise of their 

11 traditional rights to gather medicinal plants and 

12 herbs, and food sources. 

13 (18) The Native Hawaiian people wish to pre14 serve, develop, and transmit to future Native Hawai15 ian generations their ancestral lands and Native Ha16 waiian political and cultural identity in accordance 

17 with their traditions, beliefs, customs and practices, 

18 language, and social and political institutions, and to 

19 achieve greater self-determination over their own af20 fairs. 

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

22 framework of Federal law for the Native Hawaiian 

23 people to exercise their inherent rights as a distinct 

24 aboriginal, indigenous, native community to reorga25 nize a Native Hawaiian governing entity for the pur-
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1 pose of giving expression to their rights as native 

2 people to self-determination and self-governance. 

3 (20) The United States has declared that—

4 (A) the United States has a special respon5 sibility for the welfare of the native peoples of 

6 the United States, including Native Hawaiians; 

7 (B) Congress has identified Native Hawai8 ians as a distinct indigenous group within the 

9 scope of its Indian affairs power, and has en10 acted dozens of statutes on their behalf pursu11 ant to its recognized trust responsibility; and 

12 (C) Congress has also delegated broad au13 thority to administer a portion of the Federal 

14 trust responsibility to the State of Hawaii. 

15 (21) The United States has recognized and re16 affirmed the special trust relationship with the Na17 tive Hawaiian people through the enactment of the 

18 Act entitled ‘‘An Act to provide for the admission of 

19 the State of Hawaii into the Union’’, approved 

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

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

22 the public lands formerly held by the United 

23 States, and mandating that those lands be held 

24 in public trust for 5 purposes, one of which is 
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1 for the betterment of the conditions of Native 

2 Hawaiians; and 

3 (B) transferring the United States respon4 sibility for the administration of the Hawaiian 

5 Home Lands to the State of Hawaii, but retain6 ing the authority to enforce the trust, including 

7 the exclusive right of the United States to con8 sent to any actions affecting the lands which 

9 comprise the corpus of the trust and any 

10 amendments to the Hawaiian Homes Commis11 sion Act, 1920 (42 Stat. 108, chapter 42) that 

12 are enacted by the legislature of the State of 

13 Hawaii affecting the beneficiaries under the 

14 Act. 

15 (22) The United States continually has recog16 nized and reaffirmed that—

17 (A) Native Hawaiians have a cultural, his18 toric, and land-based link to the aboriginal, na19 tive people who exercised sovereignty over the 

20 Hawaiian Islands; 

21 (B) Native Hawaiians have never relin22 quished their claims to sovereignty or their sov23 ereign lands; 

24 (C) the United States extends services to 

25 Native Hawaiians because of their unique sta-
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1 tus as the aboriginal, native people of a once 

2 sovereign nation with whom the United States 

3 has a political and legal relationship; and 

4 (D) the special trust relationship of Amer5 ican Indians, Alaska Natives, and Native Ha6 waiians to the United States arises out of their 

7 status as aboriginal, indigenous, native people 

8 of the United States. 

9 SEC. 2. DEFINITIONS. 

10 In this Act: 

11 (1) ABORIGINAL, INDIGENOUS, NATIVE PEO12 PLE.—The term ‘‘aboriginal, indigenous, native peo13 ple’’ means those people whom Congress has recog14 nized as the original inhabitants of the lands and 

15 who exercised sovereignty prior to European contact 

16 in the areas that later became part of the United 

17 States. 

18 (2) APOLOGY RESOLUTION.—The term ‘‘Apol19 ogy Resolution’’ means Public Law 103–150 (107 

20 Stat. 1510), a joint resolution extending an apology 

21 to Native Hawaiians on behalf of the United States 

22 for the participation of agents of the United States

23 in the January 17, 1893, overthrow of the Kingdom 

24 of Hawaii. 
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1 (3) CEDED LANDS.—The term ‘‘ceded lands’’ 

2 means those lands which were ceded to the United 

3 States by the Republic of Hawaii under the Joint 

4 Resolution to provide for annexing the Hawaiian Is5 lands to the United States of July 7, 1898 (30 Stat. 

6 750), and which were later transferred to the State 

7 of Hawaii in the Act entitled ‘‘An Act to provide for 

8 the admission of the State of Hawaii into the 

9 Union’’ approved March 18, 1959 (Public Law 86–

10 3; 73 Stat. 4). 

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

12 ‘‘indigenous, native people’’ means the lineal de13 scendants of the aboriginal, indigenous, native peo14 ple of the United States. 

15 (5) INTERAGENCY COORDINATING GROUP.—The 

16 term ‘‘Interagency Coordinating Group’’ means the 

17 Native Hawaiian Interagency Coordinating Group 

18 established under section 5. 

19 (6) NATIVE HAWAIIAN.—

20 (A) Prior to the recognition by the United 

21 States of the Native Hawaiian governing entity, 

22 the term ‘‘Native Hawaiian’’ means the indige23 nous, native people of Hawaii who are the di24 rect lineal descendants of the aboriginal, indige25 nous, native people who resided in the islands 
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1 that now comprise the State of Hawaii on or 

2 before January 1, 1893, and who occupied and 

3 exercised sovereignty in the Hawaiian archi4 pelago, including the area that now constitutes 

5 the State of Hawaii, and includes all Native 

6 Hawaiians who were eligible in 1921 for the 

7 programs authorized by the Hawaiian Homes 

8 Commission Act (42 Stat. 108, chapter 42) and 

9 their lineal descendants. 

10 (B) Following the recognition by the 

11 United States of the Native Hawaiian gov12 erning entity, the term ‘‘Native Hawaiian’’ shall 

13 have the meaning given to such term in the or14 ganic governing documents of the Native Ha15 waiian governing entity. 

16 (7) NATIVE HAWAIIAN GOVERNING ENTITY.—

17 The term ‘‘Native Hawaiian governing entity’’ 

18 means the governing entity organized by the Native 

19 Hawaiian people. 

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

21 the Secretary of the Interior. 

22 SEC. 3. UNITED STATES POLICY AND PURPOSE. 

23 (a) POLICY.—The United States reaffirms that—
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1 (1) Native Hawaiians are a unique and distinct, 

2 indigenous, native people, with whom the United 

3 States has a political and legal relationship; 

4 (2) the United States has a special trust rela5 tionship to promote the welfare of Native Hawaiians; 

6 (3) Congress possesses the authority under the 

7 Constitution to enact legislation to address the con8 ditions of Native Hawaiians and has exercised this 

9 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; and 

23 (C) the right to reorganize a Native Ha24 waiian governing entity; 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.—It is the intent of Congress that the 

5 purpose of this Act is to provide a process for the recogni6 tion by the United States of a Native Hawaiian governing 

7 entity for purposes of continuing a government-to-govern8 ment relationship. 

9 SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE 

10 FOR NATIVE HAWAIIAN RELATIONS. 

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

12 Office of the Secretary the United States Office for Native 

13 Hawaiian Relations. 

14 (b) DUTIES OF THE OFFICE.—The United States Of15 fice for Native Hawaiian Relations shall—

16 (1) effectuate and coordinate the trust relation17 ship between the Native Hawaiian people and the 

18 United States, and upon the recognition of the Na19 tive Hawaiian governing entity by the United States, 

20 between the Native Hawaiian governing entity and 

21 the United States through the Secretary, and with 

22 all other Federal agencies; 

23 (2) continue the process of reconciliation with 

24 the Native Hawaiian people, and upon the recogni25 tion of the Native Hawaiian governing entity by the 
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1 United States, continue the process of reconciliation 

2 with the Native Hawaiian governing entity; 

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 prior to 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, and with relevant 

13 agencies of the State of Hawaii on policies, prac14 tices, and proposed actions affecting Native Hawai15 ian resources, rights, or lands; and 

16 (5) prepare and submit to the Committee on 

17 Indian Affairs and the Committee on Energy and 

18 Natural Resources of the Senate, and the Committee 

19 on Resources of the House of Representatives an an20 nual report detailing the activities of the Interagency 

21 Coordinating Group that are undertaken with re22 spect to the continuing process of reconciliation and 

23 to effect meaningful consultation with the Native 

24 Hawaiian governing entity and providing rec25 ommendations for any necessary changes to existing
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1 Federal statutes or regulations promulgated under 

2 the authority of Federal law. 

3 SEC. 5. NATIVE HAWAIIAN INTERAGENCY COORDINATING 

4 GROUP. 

5 (a) ESTABLISHMENT.—In recognition of the fact that 

6 Federal programs authorized to address the conditions of 

7 Native Hawaiians are largely administered by Federal 

8 agencies other than the Department of the Interior, there 

9 is established an interagency coordinating group to be 

10 known as the ‘‘Native Hawaiian Interagency Coordinating 

11 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 on Native 

19 Hawaiian resources, rights, or lands; and 

20 (2) the United States Office for Native Hawai21 ian Relations established under section 4. 

22 (c) LEAD AGENCY.—The Department of the Interior 

23 shall serve as the lead agency of the Interagency Coordi24 nating Group, and meetings of the Interagency Coordi25 nating Group shall be convened by the lead agency.
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1 (d) DUTIES.—The responsibilities of the Interagency 

2 Coordinating Group shall be— 

3 (1) the coordination of Federal programs and 

4 policies that affect Native Hawaiians or actions by 

5 any agency or agencies of the Federal Government 

6 which may significantly or uniquely impact on Na7 tive Hawaiian resources, rights, or lands; 

8 (2) to assure that each Federal agency develops 

9 a policy on consultation with the Native Hawaiian 

10 people, and upon recognition of the Native Hawaiian 

11 governing entity by the United States, consultation 

12 with the Native Hawaiian governing entity; and 

13 (3) to assure the participation of each Federal 

14 agency in the development of the report to Congress 

15 authorized in section 4(b)(5). 

16 SEC. 6. PROCESS FOR THE RECOGNITION OF THE NATIVE 

17 HAWAIIAN GOVERNING ENTITY. 

18 (a) RECOGNITION OF THE NATIVE HAWAIIAN GOV19 ERNING ENTITY.—The right of the Native Hawaiian peo20 ple to organize for their common welfare and to adopt ap21 propriate organic governing documents is hereby recog22 nized by the United States. 

23 (b) PROCESS FOR RECOGNITION.—

24 (1) SUBMITTAL OF ORGANIC GOVERNING DOCU25 MENTS.—Following the organization of the Native 
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1 Hawaiian governing entity, the adoption of organic 

2 governing documents, and the election of officers of 

3 the Native Hawaiian governing entity, the duly elect4 ed officers of the Native Hawaiian governing entity 

5 shall submit the organic governing documents of the 

6 Native Hawaiian governing entity to the Secretary. 

7 (2) CERTIFICATIONS.—

8 (A) IN GENERAL.—Within 90 days of the 

9 date that the duly elected officers of the Native 

10 Hawaiian governing entity submit the organic 

11 governing documents to the Secretary, the Sec12 retary shall certify that the organic governing 

13 documents—

14 (i) establish the criteria for citizenship 

15 in the Native Hawaiian governing entity; 

16 (ii) were adopted by a majority vote of 

17 the citizens of the Native Hawaiian gov18 erning entity; 

19 (iii) provide for the exercise of govern20 mental authorities by the Native Hawaiian 

21 governing entity; 

22 (iv) provide for the Native Hawaiian 

23 governing entity to negotiate with Federal, 

24 State, and local governments, and other 

25 entities; 
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1 (v) prevent the sale, disposition, lease, 

2 or encumbrance of lands, interests in 

3 lands, or other assets of the Native Hawai4 ian governing entity without the consent of 

5 the Native Hawaiian governing entity; 

6 (vi) provide for the protection of the 

7 civil rights of the citizens of the Native 

8 Hawaiian governing entity and all persons 

9 subject to the authority of the Native Ha10 waiian governing entity, and ensure that 

11 the Native Hawaiian governing entity exer12 cises its authority consistent with the re13 quirements of section 202 of the Act of 

14 April 11, 1968 (25 U.S.C. 1302); and 

15 (vii) are consistent with applicable 

16 Federal law and the special trust relation17 ship between the United States and the in18 digenous native people of the United 

19 States. 

20 (B) BY THE SECRETARY.—Within 90 days 

21 of the date that the duly elected officers of the 

22 Native Hawaiian governing entity submit the 

23 organic governing documents to the Secretary, 

24 the Secretary shall certify that the State of Ha25 waii supports the recognition of a Native Ha-
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1 waiian governing entity by the United States as 

2 evidenced by a resolution or act of the Hawaii 

3 State legislature. 

4 (C) RESUBMISSION IN CASE OF NON5 COMPLIANCE WITH FEDERAL LAW.—

6 (i) RESUBMISSION BY THE SEC7 RETARY.—If the Secretary determines that 

8 the organic governing documents, or any 

9 part thereof, are not consistent with appli10 cable Federal law, the Secretary shall re11 submit the organic governing documents to 

12 the duly elected officers of the Native Ha13 waiian governing entity along with a jus14 tification for each of the Secretary’s find15 ings as to why the provisions are not con16 sistent with such law. 

17 (ii) AMENDMENT AND RESUBMISSION

18 BY THE NATIVE HAWAIIAN GOVERNING EN19 TITY.—If the organic governing documents 

20 are resubmitted to the duly elected officers 

21 of the Native Hawaiian governing entity by 

22 the Secretary under clause (i), the duly 

23 elected officers of the Native Hawaiian 

24 governing entity shall—
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1 (I) amend the organic governing 

2 documents to ensure that the docu3 ments comply with applicable Federal 

4 law; and 

5 (II) resubmit the amended or6 ganic governing documents to the Sec7 retary for certification in accordance 

8 with the requirements of this para9 graph. 

10 (D) CERTIFICATIONS DEEMED MADE.—

11 The certifications authorized in subparagraph 

12 (B) shall be deemed to have been made if the 

13 Secretary has not acted within 90 days of the 

14 date that the duly elected officers of the Native 

15 Hawaiian governing entity have submitted the 

16 organic governing documents of the Native Ha17 waiian governing entity to the Secretary. 

18 (3) FEDERAL RECOGNITION.—Notwithstanding 

19 any other provision of law, upon the election of the 

20 officers of the Native Hawaiian governing entity and 

21 the certifications by the Secretary required under 

22 paragraph (1), the United States hereby extends 

23 Federal recognition to the Native Hawaiian gov24 erning entity as the representative governing body of 

25 the Native Hawaiian people. 
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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated such sums as 

3 may be necessary to carry out the activities authorized in 

4 this Act. 

5 SEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL AU6 THORITY; NEGOTIATIONS. 

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

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

9 conditions of the indigenous, native people of Hawaii con10 tained in the Act entitled ‘‘An Act to provide for the ad11 mission of the State of Hawaii into the Union’’ approved 

12 March 18, 1959 (Public Law 86–3; 73 Stat. 5) is hereby 

13 reaffirmed. 

14 (b) NEGOTIATIONS.—Upon the Federal recognition 

15 of the Native Hawaiian governing entity by the United 

16 States, the United States is authorized to negotiate and 

17 enter into an agreement with the State of Hawaii and the 

18 Native Hawaiian governing entity regarding the transfer 

19 of lands, resources, and assets dedicated to Native Hawai20 ian use to the Native Hawaiian governing entity. Nothing 

21 in this Act is intended to serve as a settlement of any 

22 claims against the United States. 

23 SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS. 

24 (a) INDIAN GAMING REGULATORY ACT.—Nothing 

25 contained in this Act shall be construed as an authoriza26 tion for the Native Hawaiian governing entity to conduct 
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1 gaming activities under the authority of the Indian Gam2 ing Regulatory Act (25 U.S.C. 2701 et seq.). 

3 (b) BUREAU OF INDIAN AFFAIRS.—Nothing con4 tained in this Act shall be construed as an authorization 

5 for eligibility to participate in any programs and services 

6 provided by the Bureau of Indian Affairs for any persons 

7 not otherwise eligible for such programs or services. 

8 SEC. 10. SEVERABILITY. 

9 In the event that any section or provision of this Act 

10 is held invalid, it is the intent of Congress that the remain11 ing sections or provisions of this Act shall continue in full 

12 force and effect.

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