II
Calendar No. 893
106TH CONGRESS
2D SESSION
H. R. 4904
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 27 (legislative day, SEPTEMBER 22), 2000
Revised
OCTOBER 2 (legislative day, SEPTEMBER 22), 2000
Read twice and placed on the calendar
AN ACT
To express the policy of the United States regarding the
United States relationship with Native Hawaiians, to
provide a process for the reorganization of a Native
Hawaiian government and the recognition by the United
States of the Native Hawaiian government, and for other
purposes.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The Constitution vests Congress with the
authority to address the conditions of the indige-
nous, native people of the United States.
(2) Native Hawaiians, the native people of the
Hawaiian archipelago which is now part of the
United States, are indigenous, native people of the
United States.
(3) The United States has a special trust rela-
tionship to promote the welfare of the native people
of the United States, including Native Hawaiians.
(4) Under the treaty making power of the
United States, Congress exercised its constitutional
authority to confirm a treaty between the United
States and the government that represented the Ha-
waiian people, and from 1826 until 1893, the United
States recognized the independence of the Kingdom
of Hawaii, extended full diplomatic recognition to
the Hawaiian government, and entered into treaties
and conventions with the Hawaiian monarchs to gov-
ern commerce and navigation in 1826, 1842, 1849,
1875, and 1887.
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(5) Pursuant to the provisions of the Hawaiian
Homes Commission Act, 1920 (42 Stat. 108, chap-
ter 42), the United States set aside 203,500 acres
of land in the Federal territory that later became
the State of Hawaii to address the conditions of Na-
tive Hawaiians.
(6) By setting aside 203,500 acres of land for
Native Hawaiian homesteads and farms, the Act as-
sists the Native Hawaiian community in maintaining
distinct native settlements throughout the State of
Hawaii.
(7) Approximately 6,800 Native Hawaiian les-
sees and their family members reside on Hawaiian
Home Lands and approximately 18,000 Native Ha-
waiians who are eligible to reside on the Home
Lands are on a waiting list to receive assignments
of land.
(8) In 1959, as part of the compact admitting
Hawaii into the United States, Congress established
the Ceded Lands Trust for five purposes, one of
which is the betterment of the conditions of Native
Hawaiians. Such trust consists of approximately
1,800,000 acres of land, submerged lands, and the
revenues derived from such lands, the assets of
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which have never been completely inventoried or seg-
regated.
(9) Throughout the years, Native Hawaiians
have repeatedly sought access to the Ceded Lands
Trust and its resources and revenues in order to es-
tablish and maintain native settlements and distinct
native communities throughout the State.
(10) The Hawaiian Home Lands and the Ceded
Lands provide an important foundation for the abil-
ity of the Native Hawaiian community to maintain
the practice of Native Hawaiian culture, language,
and traditions, and for the survival of the Native
Hawaiian people.
(11) Native Hawaiians have maintained other
distinctly native areas in Hawaii.
(12) On November 23, 1993, Public Law 103–
150 (107 Stat. 1510) (commonly known as the Apol-
ogy Resolution) was enacted into law, extending an
apology on behalf of the United States to the Native
people of Hawaii for the United States role in the
overthrow of the Kingdom of Hawaii.
(13) The Apology Resolution acknowledges that
the overthrow of the Kingdom of Hawaii occurred
with the active participation of agents and citizens
of the United States and further acknowledges that
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the Native Hawaiian people never directly relin-
quished their claims to their inherent sovereignty as
a people over their national lands to the United
States, either through their monarchy or through a
plebiscite or referendum.
(14) The Apology Resolution expresses the com-
mitment of Congress and the President to acknowl-
edge the ramifications of the overthrow of the King-
dom of Hawaii and to support reconciliation efforts
between the United States and Native Hawaiians;
and to have Congress and the President, through the
President’s designated officials, consult with Native
Hawaiians on the reconciliation process as called for
under the Apology Resolution.
(15) Despite the overthrow of the Hawaiian
government, Native Hawaiians have continued to
maintain their separate identity as a distinct native
community through the formation of cultural, social,
and political institutions, and to give expression to
their rights as native people to self-determination
and self-governance as evidenced through their par-
ticipation in the Office of Hawaiian Affairs.
(16) Native Hawaiians also maintain a distinct
Native Hawaiian community through the provision
of governmental services to Native Hawaiians, in-
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(A) the enactment of the Act entitled ‘‘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. 4) by—
(i) ceding to the State of Hawaii title
to the public lands formerly held by the
United States, and mandating that those
lands be held in public trust for five pur-
poses, one of which is for the betterment
of the conditions of Native Hawaiians; and
(ii) transferring the United States re-
sponsibility for the administration of the
Hawaiian Home Lands to the State of Ha-
waii, but retaining the authority to enforce
the trust, including the exclusive right of
the United States to consent to any actions
affecting the lands which comprise the cor-
pus of the trust and any amendments to
the Hawaiian Homes Commission Act,
1920 (42 Stat. 108, chapter 42) that are
enacted by the legislature of the State of
Hawaii affecting the beneficiaries under
the Act.
(22) The United States continually has recog-
nized and reaffirmed that—
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(A) Native Hawaiians have a cultural, his-
toric, and land-based link to the aboriginal, na-
tive people who exercised sovereignty over the
Hawaiian Islands;
(B) Native Hawaiians have never relin-
quished their claims to sovereignty or their sov-
ereign lands;
(C) the United States extends services to
Native Hawaiians because of their unique sta-
tus as the aboriginal, native people of a once
sovereign nation with whom the United States
has a political and legal relationship; and
(D) the special trust relationship of Amer-
ican Indians, Alaska Natives, and Native Ha-
waiians to the United States arises out of their
status as aboriginal, indigenous, native people
of the United States.
SEC. 2. DEFINITIONS.
In this Act:
(1) ABORIGINAL, INDIGENOUS, NATIVE
PEO-
PLE.—The term ‘‘aboriginal, indigenous, native peo-
ple’’ means those people whom Congress has recog-
nized as the original inhabitants of the lands and
who exercised sovereignty prior to European contact
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in the areas that later became part of the United
States.
(2) ADULT MEMBERS.—The term ‘‘adult mem-
bers’’ means those Native Hawaiians who have at-
tained the age of 18 at the time the Secretary pub-
lishes the final roll, as provided in section 7(a)(3) of
this Act.
(3) APOLOGY RESOLUTION.—The term ‘‘Apol-
ogy Resolution’’ means Public Law 103–150 (107
Stat. 1510), a joint resolution offering an apology to
Native Hawaiians on behalf of the United States for
the participation of agents of the United States in
the January 17, 1893 overthrow of the Kingdom of
Hawaii.
(4) CEDED LANDS.—The term ‘‘ceded lands’’
means those lands which were ceded to the United
States by the Republic of Hawaii under the Joint
Resolution to provide for annexing the Hawaiian Is-
lands to the United States of July 7, 1898 (30 Stat.
750), and which were later transferred to the State
of Hawaii in the Act entitled ‘‘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. 4).
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(5) COMMISSION.—The term ‘‘Commission’’
means the commission established in section 7 of
this Act to certify that the adult members of the Na-
tive Hawaiian community contained on the roll de-
veloped under that section meet the definition of Na-
tive Hawaiian, as defined in paragraph (7)(A).
(6) INDIGENOUS, NATIVE PEOPLE.—The term
‘‘indigenous, native people’’ means the lineal de-
scendants of the aboriginal, indigenous, native peo-
ple of the United States.
(7) NATIVE HAWAIIAN.—
(A) Prior to the recognition by the United
States of a Native Hawaiian government under
the authority of section 7(d)(2) of this Act, the
term ‘‘Native Hawaiian’’ means the indigenous,
native people of Hawaii who are the lineal de-
scendants of the aboriginal, indigenous, native
people who resided in the islands that now com-
prise the State of Hawaii on or before January
1, 1893, and who occupied and exercised sov-
ereignty in the Hawaiian archipelago, including
the area that now constitutes the State of Ha-
waii, and includes all Native Hawaiians who
were eligible in 1921 for the programs author-
ized by the Hawaiian Homes Commission Act
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(42 Stat. 108, chapter 42) and their lineal de-
scendants.
(B) Following the recognition by the
United States of the Native Hawaiian govern-
ment under section 7(d)(2) of this Act, the
term ‘‘Native Hawaiian’’ shall have the mean-
ing given to such term in the organic governing
documents of the Native Hawaiian government.
(8) NATIVE
HAWAIIAN
GOVERNMENT.—The
term ‘‘Native Hawaiian government’’ means the citi-
zens of the government of the Native Hawaiian peo-
ple that is recognized by the United States under
the authority of section 7(d)(2) of this Act.
(9) NATIVE
HAWAIIAN
INTERIM
GOVERNING
COUNCIL.—The term ‘‘Native Hawaiian Interim
Governing Council’’ means the interim governing
council that is organized under section 7(c) of this
Act.
(10) ROLL.—The term ‘‘roll’’ means the roll
that is developed under the authority of section 7(a)
of this Act.
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of the Interior.
(12) TASK FORCE.—The term ‘‘Task Force’’
means the Native Hawaiian Interagency Task Force
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established under the authority of section 6 of this
Act.
SEC. 3. UNITED STATES POLICY AND PURPOSE.
(a) POLICY.—The United States reaffirms that—
(1) Native Hawaiians are a unique and distinct
aboriginal, indigenous, native people, with whom the
United States has a political and legal relationship;
(2) the United States has a special trust rela-
tionship to promote the welfare of Native Hawaiians;
(3) Congress possesses the authority under the
Constitution to enact legislation to address the con-
ditions of Native Hawaiians and has exercised this
authority through the enactment of—
(A) the Hawaiian Homes Commission Act,
1920 (42 Stat. 108, chapter 42);
(B) the Act entitled ‘‘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. 4); and
(C) more than 150 other Federal laws ad-
dressing the conditions of Native Hawaiians;
(4) Native Hawaiians have—
(A) an inherent right to autonomy in their
internal affairs;
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(B) an inherent right of self-determination
and self-governance;
(C) the right to reorganize a Native Ha-
waiian government; and
(D) the right to become economically self-
sufficient; and
(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 reorga-
nization of a Native Hawaiian government and for the rec-
ognition by the United States of the Native Hawaiian gov-
ernment for purposes of continuing a government-to-gov-
ernment relationship.
SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE
FOR NATIVE HAWAIIAN AFFAIRS.
(a) IN GENERAL.—There is established within the
Office of the Secretary the United States Office for Native
Hawaiian Affairs.
(b) DUTIES OF THE OFFICE.—The United States Of-
fice for Native Hawaiian Affairs shall—
(1) effectuate and coordinate the special trust
relationship between the Native Hawaiian people
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and the United States through the Secretary, and
with all other Federal agencies;
(2) upon the recognition of the Native Hawai-
ian government by the United States as provided for
in section 7(d)(2) of this Act, effectuate and coordi-
nate the special trust relationship between the Na-
tive Hawaiian government and the United States
through the Secretary, and with all other Federal
agencies;
(3) fully integrate the principle and practice of
meaningful, regular, and appropriate consultation
with the Native Hawaiian people by providing timely
notice to, and consulting with the Native Hawaiian
people prior to taking any actions that may affect
traditional or current Native Hawaiian practices and
matters that may have the potential to significantly
or uniquely affect Native Hawaiian resources, rights,
or lands, and upon the recognition of the Native Ha-
waiian government as provided for in section 7(d)(2)
of this Act, fully integrate the principle and practice
of meaningful, regular, and appropriate consultation
with the Native Hawaiian government by providing
timely notice to, and consulting with the Native Ha-
waiian people and the Native Hawaiian government
prior to taking any actions that may have the poten-
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tial to significantly affect Native Hawaiian re-
sources, rights, or lands;
(4) consult with the Native Hawaiian Inter-
agency Task Force, other Federal agencies, and with
relevant agencies of the State of Hawaii on policies,
practices, and proposed actions affecting Native Ha-
waiian resources, rights, or lands;
(5) be responsible for the preparation and sub-
mittal to the Committee on Indian Affairs of the
Senate, the Committee on Energy and Natural Re-
sources of the Senate, and the Committee on Re-
sources of the House of Representatives of an an-
nual report detailing the activities of the Interagency
Task Force established under section 6 of this Act
that are undertaken with respect to the continuing
process of reconciliation and to effect meaningful
consultation with the Native Hawaiian people and
the Native Hawaiian government and providing rec-
ommendations for any necessary changes to existing
Federal statutes or regulations promulgated under
the authority of Federal law;
(6) be responsible for continuing the process of
reconciliation with the Native Hawaiian people, and
upon the recognition of the Native Hawaiian govern-
ment by the United States as provided for in section
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7(d)(2) of this Act, be responsible for continuing the
process of reconciliation with the Native Hawaiian
government; and
(7) assist the Native Hawaiian people in facili-
tating a process for self-determination, including but
not limited to the provision of technical assistance in
the development of the roll under section 7(a) of this
Act, the organization of the Native Hawaiian In-
terim Governing Council as provided for in section
7(c) of this Act, and the recognition of the Native
Hawaiian government as provided for in section 7(d)
of this Act.
(c) AUTHORITY.—The United States Office for Na-
tive Hawaiian Affairs is authorized to enter into a contract
with or make grants for the purposes of the activities au-
thorized or addressed in section 7 of this Act for a period
of 3 years from the date of the enactment of this Act.
SEC. 5. DESIGNATION OF DEPARTMENT OF JUSTICE REP-
RESENTATIVE.
The Attorney General shall designate an appropriate
official within the Department of Justice to assist the
United States Office for Native Hawaiian Affairs in the
implementation and protection of the rights of Native Ha-
waiians and their political, legal, and trust relationship
with the United States, and upon the recognition of the
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Native Hawaiian government as provided for in section
7(d)(2) of this Act, in the implementation and protection
of the rights of the Native Hawaiian government and its
political, legal, and trust relationship with the United
States.
SEC. 6. NATIVE HAWAIIAN INTERAGENCY TASK FORCE.
(a) ESTABLISHMENT.—There is established an inter-
agency task force to be known as the ‘‘Native Hawaiian
Interagency Task Force’’.
(b) COMPOSITION.—The Task Force shall be com-
posed of officials, to be designated by the President,
from—
(1) each Federal agency that establishes or im-
plements policies that affect Native Hawaiians or
whose actions may significantly or uniquely impact
on Native Hawaiian resources, rights, or lands;
(2) the United States Office for Native Hawai-
ian Affairs established under section 4 of this Act;
and
(3) the Executive Office of the President.
(c) LEAD AGENCIES.—The Department of the Inte-
rior and the Department of Justice shall serve as the lead
agencies of the Task Force, and meetings of the Task
Force shall be convened at the request of either of the
lead agencies.
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(d) CO-CHAIRS.—The Task Force representative of
the United States Office for Native Hawaiian Affairs es-
tablished under the authority of section 4 of this Act and
the Attorney General’s designee under the authority of
section 5 of this Act shall serve as co-chairs of the Task
Force.
(e) DUTIES.—The responsibilities of the Task Force
shall be—
(1) the coordination of Federal policies that af-
fect Native Hawaiians or actions by any agency or
agencies of the Federal Government which may sig-
nificantly or uniquely impact on Native Hawaiian re-
sources, 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
government by the United States as provided in sec-
tion 7(d)(2) of this Act, consultation with the Native
Hawaiian government; and
(3) to assure the participation of each Federal
agency in the development of the report to Congress
authorized in section 4(b)(5) of this Act.
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SEC. 7. PROCESS FOR THE DEVELOPMENT OF A ROLL FOR
THE ORGANIZATION OF A NATIVE HAWAIIAN
INTERIM GOVERNING COUNCIL, FOR THE OR-
GANIZATION OF A NATIVE HAWAIIAN IN-
TERIM GOVERNING COUNCIL AND A NATIVE
HAWAIIAN GOVERNMENT, AND FOR THE REC-
OGNITION OF THE NATIVE HAWAIIAN GOV-
ERNMENT.
(a) ROLL.—
(1) PREPARATION
OF
ROLL.—The United
States Office for Native Hawaiian Affairs shall as-
sist the adult members of the Native Hawaiian com-
munity who wish to participate in the reorganization
of a Native Hawaiian government in preparing a roll
for the purpose of the organization of a Native Ha-
waiian Interim Governing Council. The roll shall in-
clude the names of the—
(A) adult members of the Native Hawaiian
community who wish to become citizens of a
Native Hawaiian government and who are—
(i) the lineal descendants of the ab-
original, indigenous, native people who re-
sided in the islands that now comprise the
State of Hawaii on or before January 1,
1893, and who occupied and exercised sov-
ereignty in the Hawaiian archipelago; or
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(ii) Native Hawaiians who were eligi-
ble in 1921 for the programs authorized by
the Hawaiian Homes Commission Act (42
Stat. 108, chapter 42) or their lineal de-
scendants; and
(B) the children of the adult members list-
ed on the roll prepared under this subsection.
(2) CERTIFICATION AND SUBMISSION.—
(A) COMMISSION.—
(i) IN GENERAL.—There is authorized
to be established a Commission to be com-
posed of nine members for the purpose of
certifying that the adult members of the
Native Hawaiian community on the roll
meet the definition of Native Hawaiian, as
defined in section 2(7)(A) of this Act.
(ii) MEMBERSHIP.—
(I) 
APPOINTMENT.—The 
Sec-
retary shall appoint the members of
the Commission in accordance with
subclause (II). Any vacancy on the
Commission shall not affect its powers
and shall be filled in the same manner
as the original appointment.
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(II) REQUIREMENTS.—The mem-
bers of the Commission shall be Na-
tive Hawaiian, as defined in section
2(7)(A) of this Act, and shall have ex-
pertise in the certification of Native
Hawaiian ancestry.
(III) CONGRESSIONAL
SUBMIS-
SION OF SUGGESTED CANDIDATES.—
In appointing members of the Com-
mission, the Secretary may choose
such members from among—
(aa) five suggested can-
didates submitted by the Major-
ity Leader of the Senate and the
Minority Leader of the Senate
from a list of candidates provided
to such leaders by the Chairman
and Vice Chairman of the Com-
mittee on Indian Affairs of the
Senate; and
(bb) four suggested can-
didates submitted by the Speaker
of the House of Representatives
and the Minority Leader of the
House of Representatives from a
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list provided to the Speaker and
the Minority Leader by the
Chairman and Ranking member
of the Committee on Resources
of the House of Representatives.
(iii) EXPENSES.—Each member of the
Commission shall be allowed travel ex-
penses, including per diem in lieu of sub-
sistence, at rates authorized for employees
of agencies under subchapter I of chapter
57 of title 5, United States Code, while
away from their homes or regular places of
business in the performance of services for
the Commission.
(B) 
CERTIFICATION.—The 
Commission
shall certify that the individuals listed on the
roll developed under the authority of this sub-
section are Native Hawaiians, as defined in sec-
tion 2(7)(A) of this Act.
(3) SECRETARY.—
(A) CERTIFICATION.—The Secretary shall
review the Commission’s certification of the
membership roll and determine whether it is
consistent with applicable Federal law, includ-
ing the special trust relationship between the
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United States and the indigenous, native people
of the United States.
(B) PUBLICATION.—Upon making the de-
termination authorized in subparagraph (A),
the Secretary shall publish a final roll.
(C) APPEAL.—
(i) 
ESTABLISHMENT
OF
MECHA-
NISM.—The Secretary is authorized to es-
tablish a mechanism for an appeal of the
Commission’s 
determination 
as 
it
concerns—
(I) the exclusion of the name of
a person who meets the definition of
Native Hawaiian, as defined in section
2(7)(A) of this Act, from the roll; or
(II) a challenge to the inclusion
of the name of a person on the roll on
the grounds that the person does not
meet the definition of Native Hawai-
ian, as so defined.
(ii) 
PUBLICATION; 
UPDATE.—The
Secretary shall publish the final roll while
appeals are pending, and shall update the
final roll and the publication of the final
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roll upon the final disposition of any ap-
peal.
(D) FAILURE TO ACT.—If the Secretary
fails to make the certification authorized in
subparagraph (A) within 90 days of the date
that the Commission submits the membership
roll to the Secretary, the certification shall be
deemed to have been made, and the Commis-
sion shall publish the final roll.
(4) EFFECT OF PUBLICATION.—The publication
of the final roll shall serve as the basis for the eligi-
bility of adult members listed on the roll to partici-
pate in all referenda and elections associated with
the organization of a Native Hawaiian Interim Gov-
erning Council and the Native Hawaiian govern-
ment.
(b) RECOGNITION OF RIGHTS.—The right of the Na-
tive Hawaiian people to organize for their common welfare
and to adopt appropriate organic governing documents is
hereby recognized by the United States.
(c) ORGANIZATION OF THE NATIVE HAWAIIAN IN-
TERIM GOVERNING COUNCIL.—
(1) ORGANIZATION.—The adult members listed
on the roll developed under the authority of sub-
section (a) are authorized to—