HR 2314 PCS 
from State or local taxation) granted to Native 
Hawaiians or their property by the Hawaiian 
Homes Commission Act, 1920 (42 Stat. 108, 
chapter 42), the Act entitled ‘‘An Act to pro-
vide for the admission of the State of Hawaii 
into the Union’’, approved March 18, 1959 
(Public Law 86–3; 73 Stat. 4), or sections 
10001 through 10004 of the Department of 
Defense Appropriations Act, 1994 (sections 
10001 through 1004 of Public Law 103–139; 
107 Stat. 1418, 1480 (1993)). 
(4) Nothing in paragraph (3) should be inter-
preted as establishing any presumption about the 
powers or authorities that could properly be exer-
cised by the United States, the State of Hawaii, or 
the Native Hawaiian governing entity after further 
legislation, including legislation enacted to imple-
ment any agreement negotiated under this sub-
section. 
(d) CLAIMS.—Nothing in this Act— 
(1) alters existing law, including case law, re-
garding obligations of the United States or the State 
of Hawaii relating to events or actions that occurred 
prior to recognition of the Native Hawaiian gov-
erning entity; 
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HR 2314 PCS 
(2) creates, enlarges, revives, modifies, dimin-
ishes, extinguishes, waives, or otherwise alters any 
Federal or State claim or cause of action against the 
United States or its officers or the State of Hawaii 
or its officers or any other person or entity, or any 
defense (including the defense of statute of limita-
tions) to any such claim or cause of action, except 
in the case of claims or causes of action challenging 
the constitutionality or legality of programs benefit-
ting Native Hawaiians to the extent that this Act 
creates or enlarges any defense to any such claim or 
cause of action; 
(3) amends section 2409a of title 28, United 
States Code (commonly known as the ‘‘Quiet Title 
Act’’), chapter 171 of title 28, United States Code 
(commonly known as the ‘‘Federal Tort Claims 
Act’’), section 1491 of title 28, United States Code 
(commonly known as the ‘‘Tucker Act’’), section 
1505 of title 28, United States Code (commonly 
known as the ‘‘Indian Tucker Act’’), the Hawaii Or-
ganic Act (31 Stat. 141), or any other Federal stat-
ute, except as expressly amended by this Act; or 
(4) alters the sovereign immunity of the United 
States or of the State of Hawaii. 
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HR 2314 PCS 
SEC. 10. APPLICABILITY OF CERTAIN FEDERAL LAWS. 
(a) INDIAN GAMING REGULATORY ACT.— 
(1) IN GENERAL.—The Native Hawaiian gov-
erning entity and Native Hawaiians may not con-
duct gaming activities as a matter of claimed inher-
ent authority or under the authority of any Federal 
law, including the Indian Gaming Regulatory Act 
(25 U.S.C. 2701 et seq.) or under any regulations 
thereunder promulgated by the Secretary or the Na-
tional Indian Gaming Commission. 
(2) APPLICABILITY.—The prohibition contained 
in paragraph (1) regarding the use of Indian Gam-
ing Regulatory Act (25 U.S.C. 2701 et seq.) and in-
herent authority to game applies regardless of 
whether gaming by Native Hawaiians or the Native 
Hawaiian governing entity would be located on land 
within the State of Hawaii or within any other State 
or territory of the United States. 
(b) SINGLE GOVERNING ENTITY.—This Act will re-
sult in the recognition of the single Native Hawaiian gov-
erning entity. Additional Native Hawaiian groups shall not 
be eligible for acknowledgment pursuant to the Federal 
Acknowledgment Process set forth in part 83 of title 25, 
Code of Federal Regulations, or any other administrative 
acknowledgment or recognition process. 
(c) INDIAN PROGRAMS, SERVICES, AND LAWS.— 
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HR 2314 PCS 
(1) IN GENERAL.—Notwithstanding any other 
provision of this Act, nothing in this Act extends eli-
gibility for any Indian program or service to the Na-
tive Hawaiian governing entity or its members un-
less a statute governing such a program or service 
expressly provides that Native Hawaiians or the Na-
tive Hawaiian governing entity is eligible for such 
program or service. Nothing in this Act affects the 
eligibility of any person for any program or service 
under any statute or law in effect before the date of 
enactment of this Act. 
(2) APPLICABILITY OF OTHER TERMS.—Subject 
to paragraph (3), in Federal statutes or regulations 
in force prior to the United States recognition of the 
Native Hawaiian governing entity, the terms ‘‘In-
dian’’ and ‘‘Native American’’, and references to In-
dian tribes, bands, nations, pueblos, villages, or 
other organized groups or communities, shall not 
apply to the Native Hawaiian governing entity or its 
members, unless the Federal statute or regulation 
expressly applies to Native Hawaiians or the Native 
Hawaiian governing entity. 
(3) INDIAN CIVIL RIGHTS ACT OF 1968.—The 
Council and the Native Hawaiian governing entity 
shall be subject to sections 201 through 203 of the 
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HR 2314 PCS 
Indian Civil Rights Act of 1968 (25 U.S.C. 1301– 
1303). Nothing in such Act, and nothing in this 
paragraph, shall be interpreted to expand the powers 
and authorities of the Council or the Native Hawai-
ian governing entity that are described elsewhere in 
this Act. 
(d) REAL PROPERTY TRANSFERS.—Section 2116 of 
the Revised Statutes (commonly known as the ‘‘Indian 
Trade and Intercourse Act’’) (25 U.S.C. 177) does not 
apply to any purchase, grant, lease, or other conveyance 
of lands, or of any title or claim thereto, from Native Ha-
waiians, Native Hawaiian entities, or the Kingdom of Ha-
waii that occurred prior to the date of the United States’ 
recognition of the Native Hawaiian governing entity. 
SEC. 11. SEVERABILITY. 
If any section or provision of this Act is held invalid, 
it is the intent of Congress that the remaining sections 
or provisions shall continue in full force and effect. 
SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to carry out this Act. 
Passed the House of Representatives February 23, 
2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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Calendar No. 319 
111TH CONGRESS 
2D SESSION 
H. R. 2314 
AN ACT 
To express the policy of the United States regard-
ing the United States relationship with Native 
Hawaiians and to provide a process for the rec-
ognition by the United States of the Native Ha-
waiian governing entity. 
MARCH 16, 2010 
Read the second time and placed on the calendar 
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