I 
112TH CONGRESS 
1ST SESSION H. R. 1250 
To express the policy of the United States regarding the United States 
relationship with Native Hawaiians and to provide a process for the 
recognition by the United States of the Native Hawaiian governing 
entity. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 30, 2011 
Ms. HIRONO (for herself, Ms. HANABUSA, Mr. YOUNG of Alaska, Mr. 
FALEOMAVAEGA, Ms. BORDALLO, Mr. COLE, Mrs. MALONEY, Mr. 
HONDA, Mr. KILDEE, Ms. DEGETTE, Mr. MCDERMOTT, Mr. FARR, Mr. 
STARK, Mr. COURTNEY, Mr. BOSWELL, Ms. MATSUI, Mr. HINCHEY, Mr. 
CARNAHAN, Mr. WALZ of Minnesota, Mr. PAYNE, Mr. SABLAN, Ms. 
WOOLSEY, Mr. KUCINICH, Mr. MCINTYRE, Ms. ROYBAL-ALLARD, and 
Mrs. NAPOLITANO) introduced the following bill; which was referred to 
the Committee on Natural Resources 
A BILL 
To express the policy of the United States regarding the 
United States relationship with Native Hawaiians and 
to provide a process for the recognition by the United 
States of the Native Hawaiian governing entity. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Native Hawaiian Gov-
ernment Reorganization Act of 2011’’. 
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SEC. 2. FINDINGS. 
Congress finds that— 
(1) the Constitution vests Congress with the au-
thority to address the conditions of the indigenous, 
native people of the United States and the Supreme 
Court has held that under the Indian Commerce, 
Treaty, Supremacy, and Property Clauses, and the 
War Powers, Congress may exercise that power to 
rationally promote the welfare of the native peoples 
of the United States so long as the native people are 
a ‘‘distinctly native community’’; 
(2) Native Hawaiians, the native people of the 
Hawaiian archipelago that is now part of the United 
States, are 1 of the indigenous, native peoples of the 
United States, and the Native Hawaiian people are 
a distinctly native community; 
(3) the United States has a special political and 
legal relationship with, and has long enacted legisla-
tion to promote the welfare of, the native peoples of 
the United States, including the Native Hawaiian 
people; 
(4) under the authority of the Constitution, the 
United States concluded a number of treaties with 
the Kingdom of Hawaii, and from 1826 until 1893, 
the United States— 
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(A) through the provision of governmental 
services to Native Hawaiians, including the pro-
vision of— 
(i) health care services; 
(ii) educational programs; 
(iii) employment and training pro-
grams; 
(iv) economic development assistance 
programs; 
(v) children’s services; 
(vi) conservation programs; 
(vii) fish and wildlife protection; 
(viii) agricultural programs; 
(ix) native language immersion pro-
grams; 
(x) native language immersion schools 
from kindergarten through high school; 
(xi) college and master’s degree pro-
grams in native language immersion in-
struction; and 
(xii) traditional justice programs; and 
(B) by continuing their efforts to enhance 
Native Hawaiian self-determination and local 
control; 
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(18) Native Hawaiian people are actively en-
gaged in Native Hawaiian cultural practices, tradi-
tional agricultural methods, fishing and subsistence 
practices, maintenance of cultural use areas and sa-
cred sites, protection of burial sites, and the exercise 
of their traditional rights to gather medicinal plants 
and herbs, and food sources; 
(19) the Native Hawaiian people wish to pre-
serve, develop, and transmit to future generations of 
Native Hawaiians their lands and Native Hawaiian 
political and cultural identity in accordance with 
their traditions, beliefs, customs and practices, lan-
guage, and social and political institutions, to con-
trol and manage their own lands, including ceded 
lands, and to achieve greater self-determination over 
their own affairs; 
(20) this Act provides a process within the 
framework of Federal law for the Native Hawaiian 
people to exercise their inherent rights as a distinct, 
indigenous, native community to reorganize a single 
unified Native Hawaiian governing entity for the 
purpose of giving expression to their rights as a na-
tive people to self-determination and self-governance; 
(21) Congress— 
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(A) has declared that the United States 
has a special political and legal relationship for 
the welfare of the native peoples of the United 
States, including Native Hawaiians; 
(B) has identified Native Hawaiians as an 
indigenous, distinctly native people of the 
United States within the scope of its authority 
under the Constitution, and has enacted scores 
of statutes on their behalf; and 
(C) has delegated broad authority to the 
State of Hawaii to administer some of the 
United States responsibilities as they relate to 
the Native Hawaiian people and their lands; 
(22) the United States has recognized and re-
affirmed the special political and legal relationship 
with the Native Hawaiian people through the enact-
ment 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— 
(A) ceding to the State of Hawaii title to 
the public lands formerly held by the United 
States, and mandating that those lands be held 
as a public trust for 5 purposes, 1 of which is 
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for the betterment of the conditions of Native 
Hawaiians; and 
(B) transferring the United States respon-
sibility for the administration of the Hawaiian 
Home Lands to the State of Hawaii, but retain-
ing the exclusive right of the United States to 
consent to any actions affecting the lands in-
cluded in 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; 
(23) the United States has continually recog-
nized and reaffirmed that— 
(A) Native Hawaiians have a direct genea-
logical, cultural, historic, and land-based con-
nection to their forebears, the aboriginal, indig-
enous, native people who exercised original sov-
ereignty 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 native people of a prior-sovereign na-
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tion with whom the United States has a special 
political and legal relationship; and 
(D) the special relationship of American 
Indians, Alaska Natives, and Native Hawaiians 
to the United States arises out of their status 
as aboriginal, indigenous, native people of the 
United States; and 
(24) the State of Hawaii supports the reaffir-
mation of the special political and legal relationship 
between the Native Hawaiian governing entity and 
the United States, as evidenced by 2 unanimous res-
olutions enacted by the Hawaii State Legislature in 
the 2000 and 2001 sessions of the Legislature and 
by the testimony of the Governor of the State of Ha-
waii before the Committee on Indian Affairs of the 
Senate on February 25, 2003, and March 1, 2005. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ABORIGINAL, INDIGENOUS, NATIVE
PEO-
PLE.—The term ‘‘aboriginal, indigenous, native peo-
ple’’ means a people whom Congress has recognized 
as the original inhabitants of the lands that later be-
came part of the United States and who exercised 
sovereignty in the areas that later became part of 
the United States. 
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(2) APOLOGY RESOLUTION.—The term ‘‘Apol-
ogy Resolution’’ means Public Law 103–150 (107 
Stat. 1510), a Joint Resolution extending an apol-
ogy 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. 
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Commission established under section 
8(b). 
(4) COUNCIL.—The term ‘‘Council’’ means the 
Native Hawaiian Interim Governing Council estab-
lished under section 8(c)(2). 
(5) INDIAN PROGRAM OR SERVICE.— 
(A) IN GENERAL.—The term ‘‘Indian pro-
gram or service’’ means any federally funded or 
authorized program or service provided to an 
Indian tribe (or member of an Indian tribe) be-
cause of the status of the members of the In-
dian tribe as Indians. 
(B) INCLUSIONS.—The term ‘‘Indian pro-
gram or service’’ includes a program or service 
provided by the Bureau of Indian Affairs, the 
Indian Health Service, or any other Federal 
agency. 
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(6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(7) INDIGENOUS, NATIVE PEOPLE.—The term 
‘‘indigenous, native people’’ means the lineal de-
scendants of the aboriginal, indigenous, native peo-
ple of the United States. 
(8) INTERAGENCY COORDINATING GROUP.—The 
term ‘‘Interagency Coordinating Group’’ means the 
Native Hawaiian Interagency Coordinating Group 
established under section 6. 
(9) NATIVE HAWAIIAN GOVERNING ENTITY.— 
The term ‘‘Native Hawaiian governing entity’’ 
means the governing entity organized pursuant to 
this Act by the qualified Native Hawaiian constitu-
ents. 
(10) NATIVE HAWAIIAN MEMBERSHIP ORGANI-
ZATION.—The term ‘‘Native Hawaiian Membership 
Organization’’ means an organization that— 
(A) serves and represents the interests of 
Native Hawaiians, has as a primary and stated 
purpose the provision of services to Native Ha-
waiians, and has expertise in Native Hawaiian 
affairs; 
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(B) has leaders who are elected democrat-
ically, or selected through traditional Native 
leadership practices, by members of the Native 
Hawaiian community; 
(C) advances the cause of Native Hawai-
ians culturally, socially, economically, or politi-
cally; 
(D) is a membership organization or asso-
ciation; and 
(E) has an accurate and reliable list of Na-
tive Hawaiian members. 
(11) OFFICE.—The term ‘‘Office’’ means the 
United States Office for Native Hawaiian Relations 
established by section 5(a). 
(12) 
QUALIFIED
NATIVE
HAWAIIAN
CON-
STITUENT.—For the purposes of establishing the 
roll authorized under section 8, and prior to the rec-
ognition by the United States of the Native Hawai-
ian governing entity, the term ‘‘qualified Native Ha-
waiian constituent’’ means an individual who the 
Commission determines has satisfied the following 
criteria and who makes a written statement certi-
fying that he or she— 
(A) is— 
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(i) an individual who is 1 of the indig-
enous, native people of Hawaii and who is 
a direct lineal descendant of the aboriginal, 
indigenous, native people who— 
(I) resided in the islands that 
now comprise the State of Hawaii on 
or before January 1, 1893; and 
(II) occupied and exercised sov-
ereignty in the Hawaiian archipelago, 
including the area that now con-
stitutes the State of Hawaii; or 
(ii) an individual who is 1 of the in-
digenous, native people of Hawaii and who 
was eligible in 1921 for the programs au-
thorized by the Hawaiian Homes Commis-
sion Act, 1920 (42 Stat. 108, chapter 42), 
or a direct lineal descendant of that indi-
vidual; 
(B) wishes to participate in the reorganiza-
tion of the Native Hawaiian governing entity; 
(C) is 18 years of age or older; 
(D) is a citizen of the United States; and 
(E) maintains a significant cultural, social, 
or civic connection to the Native Hawaiian com-
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munity, as evidenced by satisfying 2 or more of 
the following 10 criteria: 
(i) Resides in the State of Hawaii. 
(ii) Resides outside the State of Ha-
waii and— 
(I)(aa) currently serves or served 
as (or has a parent or spouse who 
currently serves or served as) a mem-
ber of the Armed Forces or as an em-
ployee of the Federal Government; 
and 
(bb) resided in the State of Ha-
waii prior to the time he or she (or 
such parent or spouse) left the State 
of Hawaii to serve as a member of the 
Armed Forces or as an employee of 
the Federal Government; or 
(II)(aa) currently is or was en-
rolled (or has a parent or spouse who 
currently is or was enrolled) in an ac-
credited institution of higher edu-
cation outside the State of Hawaii; 
and 
(bb) resided in the State of Ha-
waii prior to the time he or she (or 
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such parent or spouse) left the State 
of Hawaii to attend such institution. 
(iii)(I) Is or was eligible to be a bene-
ficiary of the programs authorized by the 
Hawaiian Homes Commission Act, 1920 
(42 Stat. 108, chapter 42), and resides or 
resided on land set aside as ‘‘Hawaiian 
home lands’’, as defined in such Act; or 
(II) Is a child or grandchild of an in-
dividual who is or was eligible to be a ben-
eficiary of the programs authorized by 
such Act and who resides or resided on 
land set aside as ‘‘Hawaiian home lands’’, 
as defined in such Act. 
(iv) Is or was eligible to be a bene-
ficiary of the programs authorized by the 
Hawaiian Homes Commission Act, 1920 
(42 Stat. 108, chapter 42). 
(v) Is a child or grandchild of an indi-
vidual who is or was eligible to be a bene-
ficiary of the programs authorized by the 
Hawaiian Homes Commission Act, 1920 
(42 Stat. 108, chapter 42). 
(vi) Resides on or has an ownership 
interest in, or has a parent or grandparent 
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who resides on or has an ownership inter-
est in, ‘‘kuleana land’’ that is owned in 
whole or in part by a person who, accord-
ing to a genealogy verification by the Of-
fice of Hawaiian Affairs or by court order, 
is a lineal descendant of the person or per-
sons who received the original title to such 
‘‘kuleana land’’, defined as lands granted 
to native tenants pursuant to Haw. L. 
1850, p. 202, entitled ‘‘An Act Confirming 
Certain Resolutions of the King and Privy 
Council Passed on the 21st day of Decem-
ber, A.D. 1849, Granting to the Common 
People Allodial Titles for Their Own Lands 
and House Lots, and Certain Other Privi-
leges’’, as amended by Haw. L. 1851, p. 
98, entitled ‘‘An Act to Amend An Act 
Granting to the Common People Allodial 
Titles for Their Own Lands and House 
Lots, and Certain Other Privileges’’ and as 
further amended by any subsequent legis-
lation. 
(vii) Is, or is the child or grandchild 
of, an individual who has been or was a 
student for at least 1 school year at a 
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school or program taught through the me-
dium of the Hawaiian language under sec-
tion 302H–6, Hawaii Revised Statutes, or 
at a school founded and operated primarily 
or exclusively for the benefit of Native Ha-
waiians. 
(viii) Has been a member since Sep-
tember 30, 2009, of at least 1 Native Ha-
waiian Membership Organization. 
(ix) Has been a member since Sep-
tember 30, 2009, of at least 2 Native Ha-
waiian Membership Organizations. 
(x) Is regarded as a Native Hawaiian 
and whose mother or father is (or if de-
ceased, was) regarded as Native Hawaiian 
by the Native Hawaiian community, as evi-
denced by sworn affidavits from two or 
more qualified Native Hawaiian constitu-
ents certified by the Commission as pos-
sessing expertise in the social, cultural, 
and civic affairs of the Native Hawaiian 
community. 
(13) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
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(14) SPECIAL
POLITICAL
AND
LEGAL
RELA-
TIONSHIP.—The term ‘‘special political and legal re-
lationship’’ shall refer, except where differences are 
specifically indicated elsewhere in the Act, to the 
type of and nature of relationship the United States 
has with the several federally recognized Indian 
tribes. 
SEC. 4. UNITED STATES POLICY AND PURPOSE. 
(a) POLICY.—The United States reaffirms that— 
(1) Native Hawaiians are a unique and distinct, 
indigenous, native people with whom the United 
States has a special political and legal relationship; 
(2) the United States has a special political and 
legal relationship with the Native Hawaiian people, 
which includes promoting the welfare of Native Ha-
waiians; 
(3)(A) Congress possesses and hereby exercises 
the authority under the Constitution, including but 
not limited to article I, section 8, clause 3, to enact 
legislation to better the conditions of Native Hawai-
ians and has exercised this authority through the en-
actment of— 
(i) the Hawaiian Homes Commission Act, 
1920 (42 Stat. 108, chapter 42); 
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(ii) 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 
(iii) more than 150 other Federal laws ad-
dressing the conditions of Native Hawaiians; 
(B) other sources of authority under the Con-
stitution for legislation on behalf of the indigenous, 
native peoples of the United States, including Native 
Hawaiians, include but are not limited to the Prop-
erty, Treaty, and Supremacy Clauses, War Powers, 
and the Fourteenth Amendment, and Congress here-
by relies on those powers in enacting this legislation; 
and 
(C) the Constitution’s original Apportionment 
Clause and the 14th Amendment Citizenship and 
amended Apportionment Clauses also acknowledge 
the propriety of legislation on behalf of the native 
peoples of the United States, including Native Ha-
waiians; 
(4) Native Hawaiians have— 
(A) an inherent right to autonomy in their 
internal affairs; 
(B) an inherent right of self-determination 
and self-governance; 
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(C) the right to reorganize a Native Ha-
waiian governing entity; 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.—The purpose of this Act is to provide 
a process for the reorganization of the single Native Ha-
waiian governing entity and the reaffirmation of the spe-
cial political and legal relationship between the United 
States and that Native Hawaiian governing entity for pur-
poses of continuing a government-to-government relation-
ship. 
SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RE-
LATIONS. 
(a) ESTABLISHMENT.—There is established within 
the Office of the Secretary the United States Office for 
Native Hawaiian Relations. 
(b) DUTIES.—The Office shall— 
(1) continue the process of reconciliation with 
the Native Hawaiian people in furtherance of the 
Apology Resolution; 
(2) upon the reaffirmation of the government- 
to-government relationship between the single Native 
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Hawaiian governing entity and the United States, 
effectuate and coordinate the special political and 
legal relationship between the Native Hawaiian gov-
erning entity and the United States through the 
Secretary, and with all other Federal agencies; 
(3) provide timely notice to, and consult with, 
the Native Hawaiian governing entity before taking 
any actions that may have the potential to signifi-
cantly affect Native Hawaiian resources, rights, or 
lands; 
(4) work with the Interagency Coordinating 
Group, other Federal agencies, and the State of Ha-
waii on policies, practices, and proposed actions af-
fecting Native Hawaiian 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 Natural Resources of the House of Representa-
tives an annual report detailing the activities of the 
Interagency Coordinating Group that are under-
taken with respect to the continuing process of rec-
onciliation and to effect meaningful consultation 
with the Native Hawaiian governing entity and may 
provide recommendations for any necessary changes 
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to Federal law or regulations promulgated under the 
authority of Federal law. 
(c) APPLICABILITY
TO
DEPARTMENT
OF
DE-
FENSE.—This section shall have no applicability to the 
Department of Defense or to any agency or component 
of the Department of Defense, but the Secretary of De-
fense may designate 1 or more officials as liaison to the 
Office. 
SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING 
GROUP. 
(a) ESTABLISHMENT.—In recognition 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 estab-
lished 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 whose actions may sig-
nificantly or uniquely impact Native Hawaiian pro-
grams, resources, rights, or lands; and 
(2) the Office. 
(c) LEAD AGENCY.— 
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(1) IN GENERAL.—The Department of the Inte-
rior and the White House Office of Intergovern-
mental Affairs shall serve as the leaders of the 
Interagency Coordinating Group. 
(2) MEETINGS.—The Secretary shall convene 
meetings of the Interagency Coordinating Group. 
(d) DUTIES.—The Interagency Coordinating Group 
shall— 
(1) coordinate Federal programs and policies 
that affect Native Hawaiians or actions by any agen-
cy or agencies of the Federal Government that may 
significantly or uniquely affect Native Hawaiian re-
sources, rights, or lands; 
(2) consult with the Native Hawaiian governing 
entity, through the coordination referred to in para-
graph (1), but the consultation obligation established 
in this provision shall apply only after the satisfac-
tion of all of the conditions referred to in section 
8(c)(8); and 
(3) ensure the participation of each Federal 
agency in the development of the report to Congress 
authorized in section 5(b)(5). 
(e) APPLICABILITY
TO
DEPARTMENT
OF
DE-
FENSE.—This section shall have no applicability to the 
Department of Defense or to any agency or component 
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of the Department of Defense, but the Secretary of De-
fense may designate 1 or more officials as liaison to the 
Interagency Coordinating Group. 
SEC. 7. DESIGNATION OF DEPARTMENT OF JUSTICE REP-
RESENTATIVE. 
The Attorney General shall designate an appropriate 
official within the Department of Justice to assist the Of-
fice in the implementation and protection of the rights of 
Native Hawaiians and their political and legal relationship 
with the United States, and upon the recognition of the 
Native Hawaiian governing entity as provided for in sec-
tion 8, in the implementation and protection of the rights 
of the Native Hawaiian governing entity and its political 
and legal relationship with the United States. 
SEC. 8. PROCESS FOR REORGANIZATION OF NATIVE HA-
WAIIAN GOVERNING ENTITY AND REAFFIR-
MATION OF SPECIAL POLITICAL AND LEGAL 
RELATIONSHIP BETWEEN UNITED STATES 
AND NATIVE HAWAIIAN GOVERNING ENTITY. 
(a) RECOGNITION OF NATIVE HAWAIIAN GOVERNING 
ENTITY.—The right of the qualified Native Hawaiian con-
stituents to reorganize the single Native Hawaiian gov-
erning entity to provide for their common welfare and to 
adopt appropriate organic governing documents is recog-
nized by the United States. 
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(b) COMMISSION.— 
(1) IN GENERAL.—There is authorized to be es-
tablished a Commission to be composed of 9 mem-
bers for the purposes of— 
(A) preparing and maintaining a roll of 
qualified Native Hawaiian constituents; and 
(B) certifying that the individuals on the 
roll of qualified Native Hawaiian constituents 
meet the definition of qualified Native Hawai-
ian constituent set forth in section 3. 
(2) MEMBERSHIP.— 
(A) APPOINTMENT.— 
(i) IN GENERAL.—Not later than 180 
days after the date of enactment of this 
Act, the Secretary shall appoint the mem-
bers of the Commission in accordance with 
subparagraph (B). 
(ii) CONSIDERATION.—In making an 
appointment under clause (i), the Sec-
retary may take into consideration a rec-
ommendation made by any Native Hawai-
ian Membership Organization. 
(B) REQUIREMENTS.—Each member of 
the Commission shall demonstrate, as deter-
mined by the Secretary— 
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(i) not less than 10 years of experi-
ence in the study and determination of Na-
tive Hawaiian genealogy (traditional cul-
tural experience shall be given due consid-
eration); and 
(ii) an ability to read and translate 
into English documents written in the Ha-
waiian language. 
(C) VACANCIES.—A vacancy on the Com-
mission— 
(i) shall not affect the powers of the 
Commission; and 
(ii) shall be filled in the same manner 
as the original appointment. 
(3) EXPENSES.—Each member of the Commis-
sion shall be allowed travel expenses, including per 
diem in lieu of subsistence, 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 per-
formance of services for the Commission. 
(4) DUTIES.—The Commission shall— 
(A) prepare and maintain a roll of quali-
fied Native Hawaiian constituents as set forth 
in subsection (c); and 
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(B) certify that the individuals on the roll 
of qualified Native Hawaiian constituents meet 
the definition of that term as set forth in sec-
tion 3. 
(5) STAFF.— 
(A) IN GENERAL.—The Commission may, 
without regard to the civil service laws (includ-
ing regulations), appoint and terminate an exec-
utive director and such other additional per-
sonnel as are necessary to enable the Commis-
sion to perform the duties of the Commission. 
(B) COMPENSATION.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), the Commission may fix the 
compensation of the executive director and 
other personnel without regard to the pro-
visions of chapter 51 and subchapter III of 
chapter 53 of title 5, United States Code, 
relating to classification of positions and 
General Schedule pay rates. 
(ii) MAXIMUM
RATE
OF
PAY.—The 
rate of pay for the executive director and 
other personnel shall not exceed the rate 
payable for level V of the Executive Sched-
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ule under section 5316 of title 5, United 
States Code. 
(6) DETAIL
OF
FEDERAL
GOVERNMENT
EM-
PLOYEES.— 
(A) IN
GENERAL.—An employee of the 
Federal Government may be detailed to the 
Commission without reimbursement. 
(B) CIVIL SERVICE STATUS.—The detail of 
the employee shall be without interruption or 
loss of civil service status or privilege. 
(7) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—The Commission may procure 
temporary and intermittent services in accordance 
with section 3109(b) of title 5, United States Code, 
at rates for individuals that do not exceed the daily 
equivalent of the annual rate of basic pay prescribed 
for level V of the Executive Schedule under section 
5316 of that title. 
(8) EXPIRATION.—The Secretary shall dissolve 
the Commission upon the reaffirmation of the spe-
cial political and legal relationship between the Na-
tive Hawaiian governing entity and the United 
States. 
(c) PROCESS FOR REORGANIZATION OF NATIVE HA-
WAIIAN GOVERNING ENTITY.— 
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(1) ROLL.— 
(A) CONTENTS.—The roll shall include the 
names of the qualified Native Hawaiian con-
stituents who are certified by the Commission 
to be qualified Native Hawaiian constituents, as 
defined in section 3. 
(B) FORMATION
OF
ROLL.—Each indi-
vidual claiming to be a qualified Native Hawai-
ian constituent shall submit to the Commission 
documentation in the form established by the 
Commission that is sufficient to enable the 
Commission to determine whether the individual 
meets the definition set forth in section 3; Pro-
vided, That an individual presenting evidence 
that he or she satisfies the definition in section 
2 of Public Law 103–150 shall be presumed to 
meet the requirement of section 3(12)(A)(i). 
(C) DOCUMENTATION.—The Commission 
shall— 
(i)(I) identify the types of documenta-
tion that may be submitted to the Commis-
sion that would enable the Commission to 
determine whether an individual meets the 
definition of qualified Native Hawaiian 
constituent set forth in section 3; 
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(II) recognize an individual’s identi-
fication of lineal ancestors on the 1890 
Census by the Kingdom of Hawaii as a re-
liable indicia of lineal descent from 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 
(III) permit elderly Native Hawaiians 
and other Native Hawaiians lacking birth 
certificates or other documentation due to 
birth on Hawaiian Home Lands or other 
similar circumstances to establish lineal de-
scent by sworn affidavits from 2 or more 
qualified Native Hawaiian constituents; 
(ii) establish a standard format for 
the submission of documentation and a 
process to ensure veracity; and 
(iii) publish information related to 
clauses (i) and (ii) in the Federal Register. 
(D) CONSULTATION.—In making deter-
minations that each individual proposed for in-
clusion on the roll of qualified Native Hawaiian 
constituents meets the definition of qualified 
Native Hawaiian constituent in section 3, the 
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Commission may consult with Native Hawaiian 
Membership Organizations, agencies of the 
State of Hawaii including but not limited to the 
Department of Hawaiian Home Lands, the Of-
fice of Hawaiian Affairs, and the State Depart-
ment of Health, and other entities with exper-
tise and experience in the determination of Na-
tive Hawaiian ancestry and lineal descendancy. 
(E) 
NOTIFICATION.—The 
Commission 
shall— 
(i) inform an individual whether they 
have been deemed by the Commission a 
qualified Native Hawaiian constituent; and 
(ii) inform an individual of a right to 
appeal the decision if deemed not to be a 
qualified Native Hawaiian constituent. 
(F) CERTIFICATION
AND
SUBMITTAL
OF 
ROLL
TO
SECRETARY.—The 
Commission 
shall— 
(i) submit the roll containing the 
names of those individuals who meet the 
definition of qualified Native Hawaiian 
constituent in section 3 to the Secretary 
within 2 years from the date on which the 
Commission is fully composed; and 
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(ii) certify to the Secretary that each 
of the qualified Native Hawaiian constitu-
ents proposed for inclusion on the roll 
meets the definition set forth in section 3. 
(G) PUBLICATION.—Upon certification by 
the Commission to the Secretary that those list-
ed on the roll meet the definition of qualified 
Native Hawaiian constituent set forth in section 
3, the Commission shall publish the notice of 
the certification of the roll in the Federal Reg-
ister, notwithstanding pending appeals pursuant 
to subparagraph (H). 
(H) APPEAL.—The Secretary, in consulta-
tion with the Commission, shall establish a 
mechanism for an administrative appeal for any 
person whose name is excluded from the roll 
who claims to meet the definition of qualified 
Native Hawaiian constituent in section 3. 
(I) PUBLICATION; UPDATE.—The Commis-
sion shall— 
(i) publish the notice of the certifi-
cation of the roll regardless of whether ap-
peals are pending; 
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(ii) update the roll and provide notice 
of the updated roll on the final disposition 
of any appeal; 
(iii) update the roll to include any 
person who has been certified by the Com-
mission as meeting the definition of quali-
fied Native Hawaiian constituent in section 
3 after the initial publication of the roll or 
after any subsequent publications of the 
roll; and 
(iv) provide a copy of the roll and any 
updated rolls to the Council. 
(J) EFFECT OF PUBLICATION.—The publi-
cation of the initial and updated roll shall serve 
as the basis for the eligibility of qualified Na-
tive Hawaiian constituents whose names are 
listed on those rolls to participate in the reorga-
nization of the Native Hawaiian governing enti-
ty. 
(2) ORGANIZATION OF COUNCIL.— 
(A) ORGANIZATION.—The Commission, in 
consultation with the Secretary, shall hold a 
minimum of 3 meetings and each meeting shall 
be at least 2 working days of the qualified Na-
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tive Hawaiian constituents listed on the roll es-
tablished under this section— 
(i) to develop criteria for candidates 
to be elected to serve on the Council; 
(ii) to determine the structure of the 
Council, including the number of Council 
members; and 
(iii) to elect members from individuals 
listed on the roll established under this 
subsection to the Council. 
(B) POWERS.— 
(i) IN GENERAL.—The Council— 
(I) shall represent those listed on 
the roll established under this section 
in the implementation of this Act; and 
(II) shall have no powers other 
than powers given to the Council 
under this Act. 
(ii) 
FUNDING.—The 
Council 
may 
enter into a contract with, or obtain a 
grant from, any Federal or State agency to 
carry out clause (iii). 
(iii) ACTIVITIES.— 
(I) IN
GENERAL.—The Council 
shall conduct, among the qualified 
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Native Hawaiian constituents listed 
on the roll established under this sub-
section, a referendum for the purpose 
of determining the proposed elements 
of the organic governing documents of 
the Native Hawaiian governing entity, 
including but not limited to— 
(aa) the proposed criteria 
for future membership in the Na-
tive Hawaiian governing entity; 
(bb) the proposed powers 
and authorities to be exercised by 
the Native Hawaiian governing 
entity, as well as the proposed 
privileges and immunities of the 
Native Hawaiian governing enti-
ty; 
(cc) the proposed civil rights 
and protection of the rights of 
the citizens of the Native Hawai-
ian governing entity and all per-
sons affected by the exercise of 
governmental powers and au-
thorities of the Native Hawaiian 
governing entity; and 
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(dd) other issues determined 
appropriate by the Council. 
(II) DEVELOPMENT OF ORGANIC 
GOVERNING
DOCUMENTS.—Based on 
the referendum, the Council shall de-
velop proposed organic governing doc-
uments for the Native Hawaiian gov-
erning entity and may seek technical 
assistance from the Secretary on the 
draft organic governing documents to 
ensure that the draft organic gov-
erning documents comply with this 
Act and other Federal law. 
(III) DISTRIBUTION.—The Coun-
cil shall publish to all qualified Native 
Hawaiian constituents of the Native 
Hawaiian governing entity listed on 
the roll published under this sub-
section notice of the availability of— 
(aa) a copy of the proposed 
organic governing documents, as 
drafted by the Council; and 
(bb) a brief impartial de-
scription of the proposed organic 
governing documents; 
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(IV) ELECTIONS.— 
(aa) 
IN
GENERAL.—Not 
sooner than 180 days after the 
proposed organic governing docu-
ments are drafted and distrib-
uted, the Council, with the assist-
ance of the Secretary, shall hold 
elections for the purpose of rati-
fying the proposed organic gov-
erning documents. 
(bb) PURPOSE.—The Coun-
cil, with the assistance of the 
Secretary, shall hold the election 
for the purpose of ratifying the 
proposed organic governing docu-
ments 60 days after publishing 
notice of an election. 
(cc) OFFICERS.—On certifi-
cation of the organic governing 
documents by the Secretary in 
accordance with paragraph (4), 
the Council, with the assistance 
of the Secretary, shall hold elec-
tions of the officers of the Native 
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Hawaiian governing entity pursu-
ant to paragraph (5). 
(3) SUBMITTAL OF ORGANIC GOVERNING DOCU-
MENTS.—Following the reorganization of the Native 
Hawaiian governing entity and the adoption of or-
ganic governing documents, the Council shall submit 
the organic governing documents of the Native Ha-
waiian governing entity to the Secretary. 
(4) CERTIFICATIONS.— 
(A) IN GENERAL.—Within the context of 
the future negotiations to be conducted under 
the authority of section 9(b)(1), and the subse-
quent actions by the Congress and the State of 
Hawaii to enact legislation to implement the 
agreements of the 3 governments, not later 
than 180 days, which may be extended an addi-
tional 90 days if the Secretary deems necessary, 
after the date on which the Council submits the 
organic governing documents to the Secretary, 
the Secretary shall certify or decline to certify 
that the organic governing documents— 
(i) establish the criteria for member-
ship in the Native Hawaiian governing en-
tity; 
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(ii) were adopted by a majority vote of 
those qualified Native Hawaiian constitu-
ents whose names are listed on the roll 
published by the Secretary and who voted 
in the election; 
(iii) provide authority for the Native 
Hawaiian governing entity to negotiate 
with Federal, State, and local govern-
ments, and other entities; 
(iv) provide for the exercise of inher-
ent and other appropriate governmental 
authorities by the Native Hawaiian gov-
erning entity; 
(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 
affected by the exercise of governmental 
powers and authorities by the Native Ha-
waiian governing entity; and 
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(vii) are consistent with applicable 
Federal law. 
(B) RESUBMISSION
IN
CASE
OF
NON-
COMPLIANCE.— 
(i) RESUBMISSION
BY
THE
SEC-
RETARY.—If the Secretary determines that 
the organic governing documents, or any 
part of the documents, do not meet all of 
the requirements set forth in subparagraph 
(A), the Secretary shall resubmit the or-
ganic governing documents to the Council, 
along with a justification for each of the 
Secretary’s findings as to why the provi-
sions are not in full compliance. 
(ii) AMENDMENT AND RESUBMISSION 
OF ORGANIC GOVERNING DOCUMENTS.—If 
the organic governing documents are re-
submitted to the Council by the Secretary 
under clause (i), the Council shall— 
(I) amend the organic governing 
documents to ensure that the docu-
ments meet all the requirements set 
forth in subparagraph (A); and 
(II) resubmit the amended or-
ganic governing documents to the Sec-
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retary for certification in accordance 
with this paragraph. 
(C) CERTIFICATIONS
DEEMED
MADE.— 
The certifications under this paragraph shall be 
deemed to have been made if the Secretary has 
not acted within 180 days after the date on 
which the Council has submitted the organic 
governing documents of the Native Hawaiian 
governing entity to the Secretary. 
(5) ELECTIONS.—On completion of the certifi-
cations by the Secretary under paragraph (4), the 
Council, with the assistance of the Secretary, shall 
hold elections of the officers of the Native Hawaiian 
governing entity. 
(6) PROVISION
OF
ROLL.—The Council shall 
provide a copy of the roll of qualified Native Hawai-
ian constituents to the governing body of the Native 
Hawaiian governing entity. 
(7) TERMINATION.—The Council shall cease to 
exist and shall have no power or authority under 
this Act after the officers of the governing body who 
are elected as provided in paragraph (5) are in-
stalled. 
(8) 
REAFFIRMATION.—Notwithstanding 
any 
other provision of law, the special political and legal 
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relationship between the United States and the Na-
tive Hawaiian people is hereby reaffirmed and the 
United States extends Federal recognition to the 
Native Hawaiian governing entity as the representa-
tive sovereign governing body of the Native Hawai-
ian people after— 
(A) the approval of the organic governing 
documents by the Secretary under subpara-
graph (A) or (C) of paragraph (4); and 
(B) the officers of the Native Hawaiian 
governing entity elected under paragraph (5) 
have been installed. 
SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AU-
THORITY TO STATE OF HAWAII; NEGOTIA-
TIONS; CLAIMS. 
(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. 4), is re-
affirmed. 
(b) NEGOTIATIONS.— 
(1) IN GENERAL.—Upon the reaffirmation of 
the special political and legal relationship between 
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waiians by the United States or by the State of 
Hawaii. 
(2) AMENDMENTS TO EXISTING LAWS.—Upon 
agreement on any matter or matters negotiated with 
the United States or the State of Hawaii, and the 
Native Hawaiian governing entity, the parties may 
submit— 
(A) to the Committee on Indian Affairs of 
the Senate, the Committee on Energy and Nat-
ural Resources of the Senate, and the Com-
mittee on Natural Resources of the House of 
Representatives recommendations for proposed 
amendments to Federal law that will enable the 
implementation of agreements reached between 
the governments; and 
(B) to the Governor and the legislature of 
the State of Hawaii, recommendations for pro-
posed amendments to State law that will enable 
the implementation of agreements reached be-
tween the governments. 
(3) 
GOVERNMENTAL
AUTHORITY
AND 
POWER.—The Native Hawaiian governing entity 
shall be vested with the inherent powers and privi-
leges of self-government of a native government 
under existing law, except as set forth in section 
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10(a). Said powers and privileges may be modified 
by agreement between the Native Hawaiian gov-
erning entity, the United States, and the State pur-
suant to paragraph (1), subject to the limit de-
scribed by section 10(a). Unless so agreed, nothing 
in this Act shall preempt Federal or State authority 
over Native Hawaiians or their property under exist-
ing law or authorize the State to tax or regulate the 
Native Hawaiian governing entity. 
(4) MEMBERSHIP.—Once the United States ex-
tends Federal recognition to the Native Hawaiian 
governing entity, the United States will recognize 
and affirm the Native Hawaiian governing entity’s 
inherent power and authority to determine its own 
membership criteria, to determine its own member-
ship, and to grant, deny, revoke, or qualify member-
ship without regard to whether any person was or 
was not deemed to be a qualified Native Hawaiian 
constituent under this Act. 
(c) 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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(2) creates, enlarges, revives, modifies, dimin-
ishes, extinguishes, waives, or otherwise alters any 
claim or cause of action against the United States 
or its officers or the State of Hawaii or its officers, 
or any defense (including the defense of statute of 
limitations) to any such claim or cause of action; or 
(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. 
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 
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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 CIVIL RIGHTS ACT OF 1968.—The Coun-
cil and the subsequent governing entity recognized under 
this Act shall be an Indian tribe, as defined in section 201 
of the Indian Civil Rights Act of 1968 (25 U.S.C. 1301) 
for purposes of sections 201 through 203 of that Act (25 
U.S.C. 1301–1303). 
(d) INDIAN PROGRAMS, SERVICES, AND LAWS.— 
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(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.—In Fed-
eral statutes or regulations in force prior to the 
United States’ recognition of the Native Hawaiian 
governing entity, the terms ‘‘Indian’’ and ‘‘Native 
American’’, and references to Indian tribes, bands, 
nations, pueblos, villages, or other organized groups 
or communities, shall not apply to the Native Ha-
waiian governing entity or its members, unless the 
Federal statute or regulation expressly applies to 
Native Hawaiians or the Native Hawaiian governing 
entity. 
(e) 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 
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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. 
Æ 
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H1250
emcdonald on DSKHWCL6B1PROD with BILLS