(6) DEADLINE FOR PETITIONS.—Any petition
described in paragraph (5) shall be filed with the
Secretary within 90 days of the date of the publica-
tion of the roll in the Federal Register, as author-
ized under paragraph (4).
(7) CERTIFICATION
OF
ADDITIONAL
NATIVE
HAWAIIANS FOR INCLUSION ON THE ROLL.—
(A) SUBMISSION.—Within 30 days of re-
ceiving a petition to add the name of an indi-
vidual to the roll, the Secretary shall submit the
name of each individual who is the subject of a
petition to add his or her name to the roll to
the Commission for certification that the indi-
vidual meets the definition of Native Hawaiian,
as defined in section 2(6)(A) of this Act.
(B) CERTIFICATION.—Within 30 days of
receiving a petition from the Secretary to have
a name added to or removed from the roll, the
Commission shall certify to the Secretary
that—
(i) the individual meets the definition
of Native Hawaiian, as defined in section
2(6)(A) of this Act; or
(ii) the individual does not meet the
definition of Native Hawaiian, as so de-
fined.
Upon such certification, the Secretary shall add
or remove the name of the individual on the
roll, as appropriate.
(8) HEARING.—
(A) IN
GENERAL.—The Secretary shall
conduct a hearing on the record within 45 days
of the receipt by the Secretary of—
(i) a certification by the Commission
that an individual does not meet the defini-
tion of Native Hawaiian, as defined in sec-
tion 2(6)(A) of this Act; or
(ii) a petition to remove the name of
any individual listed on the roll submitted
to the Secretary by the Commission.
(B) TESTIMONY.—At the hearing con-
ducted in accordance with this paragraph, the
Secretary may receive testimony from the peti-
tioner, a representative of the Commission, the
individual whose name is the subject of the pe-
tition, and any other individuals who may have
the necessary expertise to provide the Secretary
with relevant information regarding whether the
individual whose name is the subject of a peti-
tion meets the definition of Native Hawaiian, as
defined in section 2(6)(A) of this Act.
(C) FINAL
DETERMINATION.—Within 30
days of the date of the conclusion of the hear-
ing conducted in accordance with this para-
graph, the Secretary shall make a determina-
tion regarding whether the individual whose
name is the subject of a petition meets the defi-
nition of Native Hawaiian, as defined in section
2(6)(A) of this Act. Such a determination shall
be a final determination for purposes of judicial
review.
(9) JUDICIAL REVIEW.—
(A) 
FINAL
JUDGMENT.—The 
United
States District Court for the District of Hawaii
shall have jurisdiction to review the record of
the decision developed by the Secretary and the
Secretary’s final determination under para-
graph (8) and shall make a final judgment re-
garding such determination.
(B) NOTICE.—If the district court deter-
mines that an individual’s name should be
added to the roll because that individual meets
the definition of Native Hawaiian, as defined in
section 2(6)(A) of this Act, or that an individ-
ual’s name should be removed from the roll be-
cause that individual does not meet such defini-
tion, the district court shall so advise the Sec-
retary and the Secretary shall add or remove
the individual’s name from the roll, consistent
with the instructions of the district court.
(10) PUBLICATION
OF
FINAL
ROLL.—Except
for those petitions which remain the subject of judi-
cial review under the authority of paragraph (9), the
Secretary shall—
(A) publish a final roll in the Federal Reg-
ister within 290 days of the receipt by the Sec-
retary of the roll prepared under the authority
of paragraph (1); and
(B) subsequently publish in the Federal
Register the names of any individuals that the
district court directs be added or removed from
the roll.
(11) EFFECT OF PUBLICATION.—The publica-
tion of the final roll shall serve as the basis for the
eligibility of adult members listed on the roll to par-
ticipate in all referenda and elections associated with
the organization of a Native Hawaiian Interim Gov-
erning Council.
(b) ORGANIZATION OF THE NATIVE HAWAIIAN IN-
TERIM GOVERNING COUNCIL.—
(1) ORGANIZATION.—
(A) DATE OF GENERAL MEETING.—Within
90 days of the date of the publication of the
final roll in the Federal Register, the Secretary
shall announce the date of a general meeting of
the adult members of those listed on the roll to
nominate candidates from among the adult
members listed on the roll for election to the
Native Hawaiian Interim Governing Council.
The criteria for candidates to serve on the Na-
tive Hawaiian Interim Governing Council shall
be developed by the adult members listed on the
roll at the general meeting. The general meet-
ing may consist of meetings on each island or
at such sites as to secure the maximum partici-
pation of the adult members listed on the roll.
Such general meeting (or meetings) shall be
held within 30 days of the Secretary’s an-
nouncement.
(B) ELECTION.—Within 45 days of the
general meeting (or meetings), the Secretary
shall assist the Native Hawaiian community in
holding an election by secret ballot (absentee
for the purpose of determining (but not limited
to) the following:
(i) The proposed elements of the or-
ganic governing documents of a Native
Hawaiian governing body.
(ii) The proposed powers and authori-
ties to be exercised by a Native Hawaiian
governing body, as well as the proposed
privileges and immunities of a Native Ha-
waiian governing body.
(iii) The proposed civil rights and pro-
tection of such rights of the members of a
Native Hawaiian governing body and all
persons subject to the authority of a Na-
tive Hawaiian governing body.
(B) DEVELOPMENT
OF
ORGANIC
GOV-
ERNING
DOCUMENTS.—Based upon the ref-
erendum authorized in subparagraph (A), the
Native Hawaiian Interim Governing Council
shall develop proposed organic governing docu-
ments for a Native Hawaiian governing body.
(C) DISTRIBUTION.—The Council shall
distribute to all adult members of those listed
on the roll, a copy of the proposed organic gov-
erning documents, as drafted by the Native Ha-
waiian Interim Governing Council, along with a
brief impartial description of the proposed or-
ganic governing documents.
(D) CONSULTATION.—The Native Hawai-
ian Interim Governing Council shall freely con-
sult with those listed on the roll concerning the
text and description of the proposed organic
governing documents.
(4) ELECTIONS.—
(A) IN
GENERAL.—Upon the request of
the Native Hawaiian Interim Governing Coun-
cil, the Secretary shall hold an election for the
purpose of ratifying the proposed organic gov-
erning documents. If the Secretary fails to act
within 45 days of the request by the Council,
the Council is authorized to conduct the elec-
tion.
(B) FAILURE TO ADOPT GOVERNING DOCU-
MENTS.—If the proposed organic governing
documents are not adopted by a majority vote
of the adult members listed on the roll, the Na-
tive Hawaiian Interim Governing Council shall
consult with the adult members listed on the
roll to determine which elements of the pro-
posed organic governing documents were found
to be unacceptable, and based upon such con-
sultation, the Council shall propose changes to
the proposed organic governing documents.
(C) ELECTION.—Upon the request of the
Native Hawaiian Interim Governing Council,
the Secretary shall hold a second election for
the purpose of ratifying the proposed organic
governing documents. If the Secretary fails to
act within 45 days of the request by the Coun-
cil, the Council is authorized to conduct the sec-
ond election.
(c) ORGANIZATION OF THE NATIVE HAWAIIAN GOV-
ERNING BODY.—
(1) RECOGNITION
OF
RIGHTS.—The right of
the Native Hawaiian governing body of the indige-
nous, native people of Hawaii to organize for its
common welfare, and to adopt appropriate organic
governing documents is hereby recognized by the
United States.
(2) RATIFICATION.—The organic governing
documents of the Native Hawaiian governing body
shall become effective when ratified by a majority
vote of the adult members listed on the roll, and ap-
proved by the Secretary upon the Secretary’s deter-
mination that the organic governing documents are
consistent with applicable Federal law and the spe-
cial trust relationship between the United States and
its native people. If the Secretary fails to make such
a determination within 45 days of the ratification of
the organic governing documents by the adult mem-
bers listed on the roll, the organic governing docu-
ments shall be deemed to have been approved by the
Secretary.
(3) ELECTION
OF
GOVERNING
OFFICERS.—
Within 45 days after the Secretary has approved the
organic governing documents or the organic gov-
erning documents are deemed approved, the Sec-
retary shall assist the Native Hawaiian Interim Gov-
erning Council in holding an election by secret ballot
for the purpose of determining the individuals who
will serve as governing body officers as provided in
the organic governing documents.
(4) VOTING ELIGIBILITY.—For the purpose of
this initial election and notwithstanding any provi-
sion in the organic governing documents to the con-
trary, absentee balloting shall be permitted and all
adult members of the Native Hawaiian governing
body shall be entitled to vote in the election.
(5) FUTURE ELECTIONS.—All further elections
of governing body officers shall be conducted as pro-
vided for in the organic governing documents and
ordinances adopted in accordance with this Act.
(6) REVOCATION; RATIFICATION
OF
AMEND-
MENTS.—When ratified by a majority vote of the
adult members of those listed on the roll, the organic
governing documents shall be revocable by an elec-
tion open to the adult members of the Native Ha-
waiian governing body, and amendments to the or-
ganic governing documents may be ratified by the
same process.
(7) ADDITIONAL RIGHTS AND POWERS.—In ad-
dition to all powers vested in the Native Hawaiian
governing body by the duly ratified organic gov-
erning documents, the organic governing documents
shall also vest in the Native Hawaiian governing
body the rights and powers to—
(A) exercise those governmental authorities
that are recognized by the United States as the
powers and authorities that are exercised by
other governments representing the indigenous,
native people of the United States;
(B) provide for the protection of the civil
rights of the members of the Native Hawaiian
governing body and all persons subject to the
authority of the Native Hawaiian governing
body, and to assure that the Native Hawaiian
governing body exercises its authority consistent
with the requirements of section 202 of the Act
of April 11, 1968 (25 U.S.C. 1302);
(C) prevent the sale, disposition, lease, or
encumbrance of lands, interests in lands, or
other assets of the Native Hawaiian governing
body without the consent of the Native Hawai-
ian governing body;
(D) determine the membership in the Na-
tive Hawaiian governing body; and
(E) negotiate with Federal, State, and
local governments, and other entities.
(d) FEDERAL RECOGNITION.—
(1) RECOGNITION.—Notwithstanding any other
provision of law, upon the approval by the Secretary
of the organic governing documents of the Native
Hawaiian governing body and the election of officers
of the Native Hawaiian governing body, Federal rec-
ognition is hereby extended to the Native Hawaiian
governing body as the representative governing body
of the Native Hawaiian people.
(2) NO DIMINISHMENT OF RIGHTS OR PRIVI-
LEGES.—Nothing contained in this Act shall dimin-
ish, alter, or amend any existing rights or privileges
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
may be necessary to carry out the activities authorized in
sections 4, 6, and 7 of this Act.
SEC. 9. 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 Native Hawaiians contained in the Act enti-
tled ‘‘An Act to provide for the admission 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 body pursuant to sec-
tion 7(d) of this Act, the United States is authorized to
negotiate and enter into an agreement with the State of
Hawaii and the Native Hawaiian governing body regard-
ing the transfer of lands, resources, and assets dedicated
to Native Hawaiian use under existing law as in effect
on the date of enactment of this Act to the Native Hawai-
ian governing body.
SEC. 10. DISCLAIMER.
Nothing in this Act is intended to serve as a settle-
ment of any claims against the United States.
SEC. 11. REGULATIONS.
The Secretary is authorized to make such rules and
regulations and such delegations of authority as the Sec-
retary deems necessary to carry out the provisions of this
Act.
SEC. 12. SEVERABILITY.
In the event that any section or provision of this Act,
or any amendment made by this Act is held invalid, it
is the intent of Congress that the remaining sections or
provisions of this Act, and the amendments made by this
Act, shall continue in full force and effect.
Æ