SEC. 7. PROCESS FOR THE REORGANIZATION OF THE NA-
TIVE HAWAIIAN GOVERNING ENTITY AND 
THE REAFFIRMATION OF THE POLITICAL 
AND LEGAL RELATIONSHIP BETWEEN THE 
UNITED STATES AND THE NATIVE HAWAIIAN 
GOVERNING ENTITY. 
(a) RECOGNITION OF THE NATIVE HAWAIIAN GOV-
ERNING ENTITY.—The right of the Native Hawaiian peo-
ple to reorganize the Native Hawaiian governing entity to 
provide for their common welfare and to adopt appropriate 
organic governing documents is recognized by the United 
States. 
(b) COMMISSION.— 
(1) IN GENERAL.—There is authorized to be es-
tablished a Commission to be composed of nine 
members for the purposes of— 
(A) preparing and maintaining a roll of the 
adult members of the Native Hawaiian commu-
nity who elect to participate in the reorganiza-
tion of the Native Hawaiian governing entity; 
and 
(B) certifying that the adult members of 
the Native Hawaiian community proposed for 
inclusion on the roll meet the definition of Na-
tive Hawaiian in section 3(8). 
(2) MEMBERSHIP.—
(A) APPOINTMENT.—Within 180 days of 
the date of enactment of this Act, the Secretary 
shall appoint the members of the Commission 
in accordance with subclause (B). Any vacancy 
on the Commission shall not affect its powers 
and shall be filled in the same manner as the 
original appointment. 
(B) REQUIREMENTS.—The members of the 
Commission shall be Native Hawaiian, as de-
fined in section 3(8), and shall have expertise in 
the determination of Native Hawaiian ancestry 
and lineal descendancy. 
(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 the 
adult members of the Native Hawaiian commu-
nity who elect to participate in the reorganiza-
tion of the Native Hawaiian governing entity; 
and
(B) certify that each of the adult members 
of the Native Hawaiian community proposed for 
inclusion on the roll meet the definition of Na-
tive Hawaiian in section 3(8). 
(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-
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 polit-
ical and legal relationship between the Native Ha-
waiian governing entity and the United States. 
(c) PROCESS FOR THE REORGANIZATION OF THE NA-
TIVE HAWAIIAN GOVERNING ENTITY.— 
(1) ROLL.—
(A) CONTENTS.—The roll shall include the 
names of the adult members of the Native Ha-
waiian community who elect to participate in 
the reorganization of the Native Hawaiian gov-
erning entity and are certified to be Native Ha-
waiian as defined in section 3(8) by the Com-
mission. 
(B) FORMATION
OF
ROLL.—Each adult 
member of the Native Hawaiian community 
who elects to participate in the reorganization 
of the Native Hawaiian governing entity shall 
submit to the Commission documentation in the 
form established by the Commission that is suf-
ficient to enable the Commission to determine 
whether the individual meets the definition of 
Native Hawaiian in section 3(8). 
(C) DOCUMENTATION.—The Commission 
shall— 
(i) identify the types of documentation 
that may be submitted to the Commission 
that would enable the Commission to de-
termine whether an individual meets the 
definition of Native Hawaiian in section 
3(8);
(ii) establish a standard format for 
the submission of documentation; and 
(iii) publish information related to 
subclauses (i) and (ii) in the Federal Reg-
ister; 
(D) CONSULTATION.—In making deter-
minations that each of the adult members of 
the Native Hawaiian community proposed for 
inclusion on the roll meets the definition of Na-
tive Hawaiian in section 3(8), the Commission 
may consult with Native Hawaiian organiza-
tions, agencies of the State of Hawaii including 
but not limited to the Department of Hawaiian 
Home Lands, the Office of Hawaiian Affairs, 
and the State Department of Health, and other 
entities with expertise and experience in the de-
termination of Native Hawaiian ancestry and 
lineal descendancy. 
(E) CERTIFICATION
AND
SUBMITTAL
OF 
ROLL
TO
SECRETARY.—The 
Commission 
shall— 
(i) submit the roll containing the 
names of the adult members of the Native 
Hawaiian community who meet the defini-
tion of Native Hawaiian in section 3(8) to
the Secretary within two years from the 
date on which the Commission is fully 
composed; and 
(ii) certify to the Secretary that each 
of the adult members of the Native Hawai-
ian community proposed for inclusion on 
the roll meets the definition of Native Ha-
waiian in section 3(8). 
(F) PUBLICATION.—Upon certification by 
the Commission to the Secretary that those list-
ed on the roll meet the definition of Native Ha-
waiian in section 3(8), the Secretary shall pub-
lish the roll in the Federal Register. 
(G) APPEAL.—The Secretary may estab-
lish a mechanism for an appeal for any person 
whose name is excluded from the roll who 
claims to meet the definition of Native Hawai-
ian in section 3(8) and to be 18 years of age 
or older. 
(H) PUBLICATION; 
UPDATE.—The Sec-
retary shall— 
(i) publish the roll regardless of 
whether appeals are pending;
(ii) update the roll and the publication 
of the roll on the final disposition of any 
appeal; 
(iii) update the roll to include any Na-
tive Hawaiian who has attained the age of 
18 and who has been certified by the Com-
mission as meeting the definition of Native 
Hawaiian in section 3(8) after the initial 
publication of the roll or after any subse-
quent publications of the roll. 
(I) FAILURE
TO
ACT.—If the Secretary 
fails to publish the roll, not later than 90 days 
after the date on which the roll is submitted to 
the Secretary, the Commission shall publish the 
roll notwithstanding any order or directive 
issued by the Secretary or any other official of 
the Department of the Interior to the contrary. 
(J) EFFECT OF PUBLICATION.—The publi-
cation of the initial and updated roll shall serve 
as the basis for the eligibility of adult members 
of the Native Hawaiian community whose 
names are listed on those rolls to participate in 
the reorganization of the Native Hawaiian gov-
erning entity.
(2) ORGANIZATION OF THE NATIVE HAWAIIAN 
INTERIM GOVERNING COUNCIL.— 
(A) ORGANIZATION.—The adult members 
of the Native Hawaiian community listed on the 
roll published under this section may— 
(i) develop criteria for candidates to 
be elected to serve on the Native Hawaiian 
Interim Governing Council; 
(ii) determine the structure of the 
Council; and 
(iii) elect members from individuals 
listed on the roll published under this sub-
section to the Council. 
(B) POWERS.— 
(i) IN GENERAL.—The Council— 
(I) may represent those listed on 
the roll published 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 
may conduct a referendum among the 
adult members of the Native Hawai-
ian community listed on the roll pub-
lished under this subsection for the 
purpose of determining the proposed 
elements of the organic governing doc-
uments of the Native Hawaiian gov-
erning entity, including but not lim-
ited to— 
(aa) the proposed criteria 
for citizenship of the Native Ha-
waiian 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 
(dd) other issues determined 
appropriate by the Council. 
(II) DEVELOPMENT OF ORGANIC 
GOVERNING
DOCUMENTS.—Based on 
the referendum, the Council may de-
velop proposed organic governing doc-
uments for the Native Hawaiian gov-
erning entity. 
(III) DISTRIBUTION.—The Coun-
cil may distribute to all adult mem-
bers of the Native Hawaiian commu-
nity listed on the roll published under 
this subsection— 
(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; 
(IV) ELECTIONS.—The Council 
may hold elections for the purpose of
ratifying the proposed organic gov-
erning documents, and on certification 
of the organic governing documents 
by the Secretary in accordance with 
paragraph (4), hold elections of the 
officers of the Native Hawaiian gov-
erning entity pursuant 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 8(b)(1), and the subse-
quent actions by the Congress and the State of 
Hawaii to enact legislation to implement the 
agreements of the three governments, not later 
than 90 days after the date on which the Coun-
cil submits the organic governing documents to 
the Secretary, the Secretary shall certify that 
the organic governing documents—
(i) establish the criteria for citizenship 
in the Native Hawaiian governing entity; 
(ii) were adopted by a majority vote of 
the adult members of the Native Hawaiian 
community whose names are listed on the 
roll published by the Secretary; 
(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 govern-
mental authorities by the Native Hawaiian 
governing entity, including any authorities 
that may be delegated to the Native Ha-
waiian governing entity by the United 
States and the State of Hawaii following 
negotiations authorized in section 8(b)(1) 
and the enactment of legislation to imple-
ment the agreements of the three govern-
ments; 
(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 
(vii) are consistent with applicable 
Federal law and the special political and 
legal relationship between the United 
States and the indigenous, native people of 
the United States; provided that the provi-
sions of Public Law 103–454, 25 U.S.C. 
479a, shall not apply. 
(B) RESUBMISSION
IN
CASE
OF
NON-
COMPLIANCE
WITH
THE
REQUIREMENTS
OF 
SUBPARAGRAPH (A).— 
(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-
retary for certification in accordance 
with this paragraph. 
(C) CERTIFICATIONS
DEEMED
MADE.— 
The certifications under paragraph (4) shall be 
deemed to have been made if the Secretary has 
not acted within 90 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 may hold elections of the officers of the Na-
tive Hawaiian governing entity. 
(6) 
REAFFIRMATION.—Notwithstanding 
any 
other provision of law, upon the certifications re-
quired under paragraph (4) and the election of the 
officers of the Native Hawaiian governing entity, the 
political and legal relationship between the United 
States and the Native Hawaiian governing entity is 
hereby reaffirmed and the United States extends 
Federal recognition to the Native Hawaiian gov-
erning entity as the representative governing body of 
the Native Hawaiian people. 
SEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL AU-
THORITY; NEGOTIATIONS; 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. 5) is re-
affirmed. 
(b) NEGOTIATIONS.— 
(1) IN GENERAL.—Upon the reaffirmation of 
the political and legal relationship between the 
United States and the Native Hawaiian governing
entity, the United States and the State of Hawaii 
may enter into negotiations with the Native Hawai-
ian governing entity designed to lead to an agree-
ment addressing such matters as— 
(A) the transfer of lands, natural re-
sources, and other assets, and the protection of 
existing rights related to such lands or re-
sources; 
(B) the exercise of governmental authority 
over any transferred lands, natural resources, 
and other assets, including land use; 
(C) the exercise of civil and criminal juris-
diction; 
(D) the delegation of governmental powers 
and authorities to the Native Hawaiian gov-
erning entity by the United States and the 
State of Hawaii; and 
(E) any residual responsibilities of the 
United States and the State of Hawaii. 
(2) AMENDMENTS TO EXISTING LAWS.—Upon 
agreement on any matter or matters negotiated with 
the United States, the State of Hawaii, and the Na-
tive Hawaiian governing entity, the parties shall sub-
mit—
(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 Resources of the House of Represent-
atives, recommendations for proposed amend-
ments to Federal law that will enable the imple-
mentation of agreements reached between the 
three 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 three governments. 
(c) CLAIMS.— 
(1) IN GENERAL.—Nothing in this Act serves 
as a settlement of any claim against the United 
States. 
(2) STATUTE
OF
LIMITATIONS.—Any claim 
against the United States arising under Federal law 
that— 
(A) is in existence on the date of enact-
ment of this Act; 
(B) is asserted by the Native Hawaiian 
governing entity on behalf of the Native Hawai-
ian people; and
(C) relates to the legal and political rela-
tionship between the United States and the Na-
tive Hawaiian people; 
shall be brought in the court of jurisdiction over 
such claims not later than 20 years after the date 
on which Federal recognition is extended to the Na-
tive Hawaiian governing entity under section 
7(c)(6). 
SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS. 
(a) INDIAN GAMING REGULATORY ACT.—Nothing in 
this Act shall be construed to authorize the Native Hawai-
ian governing entity to conduct gaming activities under 
the authority of the Indian Gaming Regulatory Act (25 
U.S.C. 2701 et seq.). 
(b) BUREAU
OF INDIAN AFFAIRS.—Nothing con-
tained in this Act provides an authorization for eligibility 
to participate in any programs and services provided by 
the Bureau of Indian Affairs for any persons not otherwise 
eligible for the programs or services. 
SEC. 10. 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. 11. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to carry out this Act.
Union Calendar No. 460 
108TH CONGRESS 
2D SESSION 
H. R. 4282 
[Report No. 108–742] 
A BILL 
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, and for other purposes. 
OCTOBER 6, 2004 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed