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‘‘(2) make recommendations to the Secretary for filling
the position of Director of Indian Education whenever a vacancy
occurs; and
‘‘(3) submit to the Congress, not later than June 30 of
each year, a report on the activities of the Council, including—
‘‘(A) any recommendations that the Council considers
appropriate for the improvement of Federal education pro-
grams that include Indian children or adults as partici-
pants, or that may benefit Indian children or adults; and
‘‘(B) recommendations concerning the funding of any
program described in subparagraph (A).
‘‘SEC. 9152. PEER REVIEW.
‘‘The Secretary may use a peer review process to review applica-
tions submitted to the Secretary under subpart 2, 3, or 4.
‘‘SEC. 9153. PREFERENCE FOR INDIAN APPLICANTS.
‘‘In making grants under subpart 2, 3, or 4, the Secretary
shall give a preference to Indian tribes, organizations, and institu-
tions of higher education under any program with respect to which
Indian tribes, organizations, and institutions are eligible to apply
for grants.
‘‘SEC. 9154. MINIMUM GRANT CRITERIA.
‘‘The Secretary may not approve an application for a grant
under subpart 2 or 3 unless the application is for a grant that
is—
‘‘(1) of sufficient size, scope, and quality to achieve the
purpose or objectives of such grant; and
‘‘(2) based on relevant research findings.
‘‘Subpart 6—Definitions; Authorizations of
Appropriations
‘‘SEC. 9161. DEFINITIONS.
‘‘As used in this part:
‘‘(1) ADULT.—The term ‘adult’ means an individual who—
‘‘(A) has attained the age of 16 years; or
‘‘(B) has attained an age that is greater than the age
of compulsory school attendance under an applicable State
law.
‘‘(2) ADULT EDUCATION.—The term ‘adult education’ has
the meaning given such term in section 312(2) of the Adult
Education Act.
‘‘(3) FREE PUBLIC EDUCATION.—The term ‘free public edu-
cation’ means education that is—
‘‘(A) provided at public expense, under public super-
vision and direction, and without tuition charge; and
‘‘(B) provided as elementary or secondary education
in the applicable State or to preschool children.
‘‘(4) INDIAN.—The term ‘Indian’ means an individual who
is—
‘‘(A) a member of an Indian tribe or band, as member-
ship is defined by the tribe or band, including—
‘‘(i) any tribe or band terminated since 1940; and
‘‘(ii) any tribe or band recognized by the State
in which the tribe or band resides;
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‘‘(B) a descendant, in the first or second degree, of
an individual described in subparagraph (A);
‘‘(C) considered by the Secretary of the Interior to
be an Indian for any purpose;
‘‘(D) an Eskimo, Aleut, or other Alaska Native; or
‘‘(E) a member of an organized Indian group that
received a grant under the Indian Education Act of 1988
as it was in effect the day preceding the date of enactment
of the Act entitled the ‘Improving America’s Schools Act
of 1994’.
‘‘SEC. 9162. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘(a) SUBPART 1.—For the purpose of carrying out subpart 1
of this part, there are authorized to be appropriated to the Depart-
ment of Education $61,300,000 for fiscal year 1995 and such sums
as may be necessary for each of the four succeeding fiscal years.
‘‘(b) SUBPARTS 2 THROUGH 4.—For the purpose of carrying
out subparts 2, 3, and 4 of this part, there are authorized to
be appropriated to the Department of Education $26,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the four succeeding fiscal years.
‘‘(c) SUBPART 5.—For the purpose of carrying out subpart 5
of this part, there are authorized to be appropriated to the Depart-
ment of Education $3,775,000 for fiscal year 1995 and such sums
as may be necessary for each of the four succeeding fiscal years.
‘‘PART B—NATIVE HAWAIIANS
‘‘SEC. 9201. SHORT TITLE.
‘‘This part may be cited as the ‘Native Hawaiian Education
Act’.
‘‘SEC. 9202. FINDINGS.
‘‘The Congress finds and declares as follows:
‘‘(1) Native Hawaiians are a distinct and unique indigenous
people with a historical continuity to the original inhabitants
of the Hawaiian archipelago, whose society was organized as
a nation and internationally recognized as such by the United
States, Britain, France, and Japan, as evidenced by treaties
governing friendship, commerce, and navigation.
‘‘(2) At the time of the arrival of the first non-indigenous
people in Hawai‘i in 1778, the Native Hawaiian people lived
in a highly organized, self-sufficient subsistence social system
based on a communal land tenure system with a sophisticated
language, culture, and religion.
‘‘(3) A unified monarchial government of the Hawaiian
Islands was established in 1810 under Kamehameha I, the
first King of Hawai‘i.
‘‘(4) From 1826 until 1893, the United States recognized
the sovereignty and independence of the Kingdom of Hawai‘i,
which was established in 1810 under Kamehameha I, extended
full and complete diplomatic recognition to the Kingdom of
Hawai‘i, and entered into treaties and conventions with the
Kingdom of Hawai‘i to govern friendship, commerce and naviga-
tion in 1826, 1842, 1849, 1875, and 1887.
‘‘(5) In 1893, the sovereign, independent, internationally
recognized, and indigenous government of Hawai‘i, the Kingdom
of Hawai‘i, was overthrown by a small group of non-Hawaiians,
including United States citizens, who were assisted in their
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efforts by the United States Minister, a United States naval
representative, and armed naval forces of the United States.
Because of the participation of United States agents and citi-
zens in the overthrow of the Kingdom of Hawai‘i, the Congress,
on behalf of the people of the United States, apologized to
Native Hawaiians for the overthrow and the deprivation of
the rights of Native Hawaiians to self-determination through
Public Law 103–150 (107 Stat. 1510).
‘‘(6) In 1898, the joint resolution entitled ‘A Joint Resolution
to provide for annexing the Hawaiian Islands to the United
States’, approved July 7, 1898 (30 Stat. 750), ceded absolute
title of all lands held by the Republic of Hawai‘i, including
the government and crown lands of the former Kingdom of
Hawai‘i, to the United States, but mandated that revenue gen-
erated from these lands be used ‘solely for the benefit of the
inhabitants of the Hawaiian Islands for educational and other
public purposes’.
‘‘(7) By 1919, the Native Hawaiian population had declined
from an estimated 1,000,000 in 1778 to an alarming 22,600,
and in recognition of this severe decline, the Congress in 1921
enacted the Hawaiian Homes Commission Act, 1920, which
designated approximately 200,000 acres of ceded public lands
for homesteading by Native Hawaiians.
‘‘(8) Through the enactment of the Hawaiian Homes
Commission Act, 1920, the Congress affirmed the special rela-
tionship between the United States and the Native Hawaiians,
as expressed by then Secretary of the Interior Franklin K.
Lane, who was quoted in the committee report for the Hawaiian
Homes Commission Act, 1920, as saying: ‘One thing that
impressed me . . . was the fact that the natives of the island
who are our wards, I should say, and for whom in a sense
we are trustees, are falling off rapidly in numbers and many
of them are in poverty.’.
‘‘(9) In 1938, the United States Congress again acknowl-
edged the unique status of the Hawaiian people by including
in the Act of June 20, 1938 (52 Stat. 781 et seq.), a provision
to lease lands within the National Parks extension to Native
Hawaiians and to permit fishing in the area ‘only by native
Hawaiian residents of said area or of adjacent villages and
by visitors under their guidance.’.
‘‘(10) Under the Act entitled ‘An Act to provide for the
admission of the State of Hawai‘i into the Union’ approved
March 18, 1959 (73 Stat. 4), the United States transferred
responsibility for the administration of the Hawaiian Home
Lands to the State of Hawai‘i but reaffirmed the trust relation-
ship which existed between the United States and the Hawaiian
people by retaining the exclusive power to enforce the trust,
including the power to approve land exchanges and legislative
amendments affecting the rights of beneficiaries under such
Act.
‘‘(11) In 1959, under the Act entitled ‘An Act to provide
for the admission of the State of Hawai‘i into the Union’,
approved March 18, 1959 (73 Stat. 4), the United States ceded
to the State of Hawai‘i title to the public lands formerly held
by the United States, but mandated that such lands be held
by the State ‘in public trust’ and reaffirmed the special relation-
ship which existed between the United States and the Hawaiian
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people by retaining the legal responsibility to enforce the public
trust responsibility of the State of Hawai‘i for the betterment
of the conditions of Native Hawaiians, as defined in section
201(a) of the Hawaiian Homes Commission Act, 1920.
‘‘(12) The United States assumed special responsibilities
for Native Hawaiian lands and resources at the time of the
annexation of the Territory in 1898, upon adoption of the
Hawaiian Homes Commission Act, 1920, and upon admission
of the State of Hawai‘i into the Union in 1959, and has retained
certain of those responsibilities.
‘‘(13) In recognition of the special relationship which exists
between the United States and the Native Hawaiian people,
the Congress has extended to Native Hawaiians the same rights
and privileges accorded to American Indian, Alaska Native,
Eskimo, and Aleut communities under the Native American
Programs Act of 1974, the American Indian Religious Freedom
Act, the National Museum of the American Indian Act, the
Native American Graves Protection and Repatriation Act, the
National Historic Preservation Act, and the Native American
Languages Act.
‘‘(14) In recognition of the special relationship which exists
between the United States and the Native Hawaiian people,
the Congress has enacted numerous special provisions of law
for the benefit of Native Hawaiians in the areas of health,
education, labor, and housing.
‘‘(15) In 1981, the Senate instructed the Office of Education
to submit to the Congress a comprehensive report on Native
Hawaiian education. The report, entitled the ‘Native Hawaiian
Educational Assessment Project’, was released in 1983 and
documented that Native Hawaiians scored below parity with
national norms on standardized achievement tests, were dis-
proportionately represented in many negative social and phys-
ical statistics, indicative of special educational needs, and had
educational needs which were related to their unique cultural
situation, such as different learning styles and low self-image.
‘‘(16) In recognition of the educational needs of Native
Hawaiians, in 1988, the Congress enacted title IV of the Augus-
tus F. Hawkins-Robert T. Stafford Elementary and Secondary
School Improvement Amendments of 1988 to authorize and
develop supplemental educational programs to benefit Native
Hawaiians.
‘‘(17) In 1993, the Kamehameha Schools Bishop Estate
released a ten-year update of the Native Hawaiian Educational
Assessment Project, which found that despite the successes
of the programs established under title IV of the Augustus
F. Hawkins-Robert T. Stafford Elementary and Secondary
School Improvement Amendments of 1988, many of the same
educational needs still exist for Native Hawaiians. For exam-
ple—
‘‘(A) educational risk factors continue to start even
before birth for many Native Hawaiian children, includ-
ing—
‘‘(i) late or no prenatal care;
‘‘(ii) half of Native Hawaiian women who give birth
are unmarried; and
‘‘(iii) high rates of births to teenage parents;