(5) the United States shall continue to engage 
in a process of reconciliation and political relations 
with the Native Hawaiian people. 
(b) PURPOSE.—It is the intent of Congress that the 
purpose of this Act is to provide a process for the recogni-
tion by the United States of a Native Hawaiian governing 
entity for purposes of continuing a government-to-govern-
ment relationship. 
SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE 
FOR NATIVE HAWAIIAN RELATIONS. 
(a) IN GENERAL.—There is established within the 
Office of the Secretary the United States Office for Native 
Hawaiian Relations. 
(b) DUTIES OF THE OFFICE.—The United States Of-
fice for Native Hawaiian Relations shall—
(1) effectuate and coordinate the trust relation-
ship between the Native Hawaiian people and the 
United States, and upon the recognition of the Na-
tive Hawaiian governing entity by the United States, 
between the Native Hawaiian governing entity and 
the United States through the Secretary, and with 
all other Federal agencies; 
(2) continue the process of reconciliation with 
the Native Hawaiian people, and upon the recogni-
tion of the Native Hawaiian governing entity by the
United States, continue the process of reconciliation 
with the Native Hawaiian governing entity; 
(3) fully integrate the principle and practice of 
meaningful, regular, and appropriate consultation 
with the Native Hawaiian governing entity by pro-
viding timely notice to, and consulting with the Na-
tive Hawaiian people and the Native Hawaiian gov-
erning entity prior to taking any actions that may 
have the potential to significantly affect Native Ha-
waiian resources, rights, or lands; 
(4) consult with the Interagency Coordinating 
Group, other Federal agencies, and with relevant 
agencies of the State of Hawaii on policies, prac-
tices, and proposed actions affecting Native Hawai-
ian resources, rights, or lands; and 
(5) prepare and submit to the Committee on 
Indian Affairs and the Committee on Energy and 
Natural Resources of the Senate, and the Committee 
on Resources of the House of Representatives an an-
nual report detailing the activities of the Interagency 
Coordinating Group that are undertaken with re-
spect to the continuing process of reconciliation and 
to effect meaningful consultation with the Native 
Hawaiian governing entity and providing rec-
ommendations for any necessary changes to existing
Federal statutes or regulations promulgated under 
the authority of Federal law. 
SEC. 5. NATIVE HAWAIIAN INTERAGENCY COORDINATING 
GROUP. 
(a) ESTABLISHMENT.—In recognition of the fact that 
Federal programs authorized to address the conditions of 
Native Hawaiians are largely administered by Federal 
agencies other than the Department of the Interior, there 
is established an interagency coordinating group to be 
known as the ‘‘Native Hawaiian Interagency Coordinating 
Group’’. 
(b) COMPOSITION.—The Interagency Coordinating 
Group shall be composed of officials, to be designated by 
the President, from—
(1) each Federal agency that administers Na-
tive Hawaiian programs, establishes or implements 
policies that affect Native Hawaiians, or whose ac-
tions may significantly or uniquely impact on Native 
Hawaiian resources, rights, or lands; and 
(2) the United States Office for Native Hawai-
ian Relations established under section 4. 
(c) LEAD AGENCY.—The Department of the Interior 
shall serve as the lead agency of the Interagency Coordi-
nating Group, and meetings of the Interagency Coordi-
nating Group shall be convened by the lead agency.
(d) DUTIES.—The responsibilities of the Interagency 
Coordinating Group shall be— 
(1) the coordination of Federal programs and 
policies that affect Native Hawaiians or actions by 
any agency or agencies of the Federal Government 
which may significantly or uniquely impact on Na-
tive Hawaiian resources, rights, or lands; 
(2) to assure that each Federal agency develops 
a policy on consultation with the Native Hawaiian 
people, and upon recognition of the Native Hawaiian 
governing entity by the United States, consultation 
with the Native Hawaiian governing entity; and 
(3) to assure the participation of each Federal 
agency in the development of the report to Congress 
authorized in section 4(b)(5). 
SEC. 6. PROCESS FOR THE RECOGNITION OF THE NATIVE 
HAWAIIAN GOVERNING ENTITY. 
(a) RECOGNITION OF THE NATIVE HAWAIIAN GOV-
ERNING ENTITY.—The right of the Native Hawaiian peo-
ple to organize for their common welfare and to adopt ap-
propriate organic governing documents is hereby recog-
nized by the United States. 
(b) PROCESS FOR RECOGNITION.—
(1) SUBMITTAL OF ORGANIC GOVERNING DOCU-
MENTS.—Following the organization of the Native
Hawaiian governing entity, the adoption of organic 
governing documents, and the election of officers of 
the Native Hawaiian governing entity, the duly elect-
ed officers of the Native Hawaiian governing entity 
shall submit the organic governing documents of the 
Native Hawaiian governing entity to the Secretary. 
(2) CERTIFICATIONS.—
(A) IN GENERAL.—Within 90 days of the 
date that the duly elected officers of the Native 
Hawaiian governing entity submit the organic 
governing documents to the Secretary, the Sec-
retary shall certify that the organic governing 
documents—
(i) establish the criteria for citizenship 
in the Native Hawaiian governing entity; 
(ii) were adopted by a majority vote of 
the citizens of the Native Hawaiian gov-
erning entity; 
(iii) provide for the exercise of govern-
mental authorities by the Native Hawaiian 
governing entity; 
(iv) provide for the Native Hawaiian 
governing entity to negotiate with Federal, 
State, and local governments, and other 
entities;
(v) prevent the sale, disposition, lease, 
or encumbrance of lands, interests in 
lands, or other assets of the Native Hawai-
ian governing entity without the consent of 
the Native Hawaiian governing entity; 
(vi) provide for the protection of the 
civil rights of the citizens of the Native 
Hawaiian governing entity and all persons 
subject to the authority of the Native Ha-
waiian governing entity, and ensure that 
the Native Hawaiian governing entity exer-
cises its authority consistent with the re-
quirements of section 202 of the Act of 
April 11, 1968 (25 U.S.C. 1302); and 
(vii) are consistent with applicable 
Federal law and the special trust relation-
ship between the United States and the in-
digenous native people of the United 
States. 
(B) BY THE SECRETARY.—Within 90 days 
of the date that the duly elected officers of the 
Native Hawaiian governing entity submit the 
organic governing documents to the Secretary, 
the Secretary shall certify that the State of Ha-
waii supports the recognition of a Native Ha-
waiian governing entity by the United States as 
evidenced by a resolution or act of the Hawaii 
State legislature. 
(C) RESUBMISSION
IN
CASE
OF
NON-
COMPLIANCE WITH FEDERAL LAW.—
(i) RESUBMISSION
BY
THE
SEC-
RETARY.—If the Secretary determines that 
the organic governing documents, or any 
part thereof, are not consistent with appli-
cable Federal law, the Secretary shall re-
submit the organic governing documents to 
the duly elected officers of the Native Ha-
waiian governing entity along with a jus-
tification for each of the Secretary’s find-
ings as to why the provisions are not con-
sistent with such law. 
(ii) AMENDMENT AND RESUBMISSION 
BY THE NATIVE HAWAIIAN GOVERNING EN-
TITY.—If the organic governing documents 
are resubmitted to the duly elected officers 
of the Native Hawaiian governing entity by 
the Secretary under clause (i), the duly 
elected officers of the Native Hawaiian 
governing entity shall—
(I) amend the organic governing 
documents to ensure that the docu-
ments comply with applicable Federal 
law; and 
(II) resubmit the amended or-
ganic governing documents to the Sec-
retary for certification in accordance 
with the requirements of this para-
graph. 
(D) CERTIFICATIONS
DEEMED
MADE.—
The certifications authorized in subparagraph 
(B) shall be deemed to have been made if the 
Secretary has not acted within 90 days of the 
date that the duly elected officers of the Native 
Hawaiian governing entity have submitted the 
organic governing documents of the Native Ha-
waiian governing entity to the Secretary. 
(3) FEDERAL RECOGNITION.—Notwithstanding 
any other provision of law, upon the election of the 
officers of the Native Hawaiian governing entity and 
the certifications by the Secretary required under 
paragraph (1), the United States hereby extends 
Federal recognition to the Native Hawaiian gov-
erning entity as the representative governing body of 
the Native Hawaiian people.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated such sums as 
may be necessary to carry out the activities authorized in 
this Act. 
SEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL AU-
THORITY; NEGOTIATIONS. 
(a) REAFFIRMATION.—The delegation by the United 
States of authority to the State of Hawaii to address the 
conditions of the indigenous, native people of Hawaii con-
tained in the Act entitled ‘‘An Act to provide for the ad-
mission of the State of Hawaii into the Union’’ approved 
March 18, 1959 (Public Law 86–3; 73 Stat. 5) is hereby 
reaffirmed. 
(b) NEGOTIATIONS.—Upon the Federal recognition 
of the Native Hawaiian governing entity by the United 
States, the United States is authorized to negotiate and 
enter into an agreement with the State of Hawaii and the 
Native Hawaiian governing entity regarding the transfer 
of lands, resources, and assets dedicated to Native Hawai-
ian use to the Native Hawaiian governing entity. Nothing 
in this Act is intended to serve as a settlement of any 
claims against the United States. 
SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS. 
(a) INDIAN GAMING REGULATORY ACT.—Nothing 
contained in this Act shall be construed as an authoriza-
tion for the Native Hawaiian governing entity to conduct
gaming activities under the authority of the Indian Gam-
ing Regulatory Act (25 U.S.C. 2701 et seq.). 
(b) BUREAU
OF INDIAN AFFAIRS.—Nothing con-
tained in this Act shall be construed as an authorization 
for eligibility to participate in any programs and services 
provided by the Bureau of Indian Affairs for any persons 
not otherwise eligible for such programs or services. 
SEC. 10. SEVERABILITY. 
In the event that any section or provision of this Act 
is held invalid, it is the intent of Congress that the remain-
ing sections or provisions of this Act shall continue in full 
force and effect.
Æ