IB
Union Calendar No. 541
106TH CONGRESS
2D SESSION
H. R. 4904
[Report No. 106–897]
To express the policy of the United States regarding the United States
relationship with Native Hawaiians, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 20, 2000
Mr. ABERCROMBIE introduced the following bill; which was referred to the
Committee on Resources
SEPTEMBER 26, 2000
Additional sponsor: Mr. KILDEE
SEPTEMBER 26, 2000
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 20, 2000]
A BILL
To express the policy of the United States regarding the
United States relationship with Native Hawaiians, and
for other purposes.
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 au-
thority to address the conditions of the indigenous,
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 treatymaking power of the United
States, Congress exercised its constitutional authority
to confirm a treaty between the United States and the
government that represented the Hawaiian people,
and from 1826 until 1893, the United States recog-
nized the independence of the Kingdom of Hawaii, ex-
tended full diplomatic recognition to the Hawaiian
government, and entered into treaties and conventions
with the Hawaiian monarchs to govern commerce and
navigation in 1826, 1842, 1849, 1875, and 1887.
(5) Pursuant to the provisions of the Hawaiian
Homes Commission Act, 1920 (42 Stat. 108, chapter
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 Native Hawai-
ians.
(6) By setting aside 203,500 acres of land for
Native Hawaiian homesteads and farms, the Act as-
sists the Native Hawaiian community in maintain-
ing 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 5 purposes, 1 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 which have never been
completely inventoried or segregated.
(9) Throughout the years, Hawaiians have re-
peatedly sought access to the Ceded Lands Trust and
its resources and revenues in order to establish and
maintain native settlements and distinct native com-
munities 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 Ha-
waiian 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 the
Native Hawaiian people never directly relinquished
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 ref-
erendum.
(14) The Apology Resolution expresses the com-
mitment of Congress and the President to acknowledge
the ramifications of the overthrow of the Kingdom 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 gov-
ernment, Native Hawaiians have continued to main-
tain their separate identity as a distinct native com-
munity 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 participation
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, including
the provision of health care services, educational pro-
grams, employment and training programs, children’s
services, conservation programs, fish and wildlife pro-
tection, agricultural programs, native language im-
mersion instruction, and traditional justice programs,
and by continuing their efforts to enhance Native Ha-
waiian self-determination and local control.
(17) Native Hawaiians are actively engaged in
Native Hawaiian cultural practices, traditional agri-
cultural methods, fishing and subsistence practices,
maintenance of cultural use areas and sacred sites,
protection of burial sites, and the exercise of their tra-
ditional rights to gather medicinal plants and herbs,
and food sources.
(18) The Native Hawaiian people wish to pre-
serve, develop, and transmit to future Native Hawai-
ian generations their ancestral lands and Native Ha-
waiian political and cultural identity in accordance
with their traditions, beliefs, customs and practices,
language, and social and political institutions, and to
achieve greater self-determination over their own af-
fairs.
(19) This Act provides for a process within the
framework of Federal law for the Native Hawaiian
people to exercise their inherent rights as a distinct
aboriginal, indigenous, native community to reorga-
nize a Native Hawaiian government for the purpose
of giving expression to their rights as native people
to self-determination and self-governance.
(20) The United States has declared that—
(A) the United States has a special respon-
sibility for the welfare of the native peoples of the
United States, including Native Hawaiians;
(B) Congress has identified Native Hawai-
ians as a distinct indigenous group within the
scope of its Indian affairs power, and has en-
acted dozens of statutes on their behalf pursuant
to its recognized trust responsibility; and
(C) Congress has also delegated broad au-
thority to administer a portion of the Federal
trust responsibility to the State of Hawaii.
(21) The United States has recognized and re-
affirmed the special trust relationship with the Native
Hawaiian people through—
(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 the better-
ment 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 af-
fecting the lands which comprise the corpus
of the trust and any amendments to the Ha-
waiian Homes Commission Act, 1920 (42
Stat. 108, chapter 42) that are enacted by
the legislature of the State of Hawaii affect-
ing the beneficiaries under the Act.
(22) The United States continually has recog-
nized and reaffirmed that—
(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 status
as the aboriginal, native people of a once sov-
ereign 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
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 Commission pub-
lishes the final roll, as provided in section 7(a)(3) of
this Act.
(3) APOLOGY RESOLUTION.—The term ‘‘Apology
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 par-
ticipation of agents of the United States in the Janu-
ary 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’’ ap-
proved March 18, 1959 (Public Law 86–3; 73 Stat.
4).
(5) 
COMMISSION.—The 
term 
‘‘Commission’’
means the commission established in section 7 of this
Act to certify that the adult members of the Native
Hawaiian community contained on the roll developed
under that section meet the definition of Native Ha-
waiian, as defined in paragraph (7)(A).
(6) INDIGENOUS, NATIVE
PEOPLE.—The term
‘‘indigenous, native people’’ means the lineal descend-
ants of the aboriginal, indigenous, native people 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 authorized
by the Hawaiian Homes Commission Act (42
Stat. 108, chapter 42) and their lineal descend-
ants.
(B) Following the recognition by the United
States of the Native Hawaiian government under
section 7(d)(2) of this Act, the term ‘‘Native Ha-
waiian’’ shall have the meaning 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 citizens of
the government of the Native Hawaiian people 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 Gov-
erning 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 Department of the Interior.
(12) TASK
FORCE.—The term ‘‘Task Force’’
means the Native Hawaiian Interagency Task Force
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 condi-
tions of Native Hawaiians and has exercised this au-
thority 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;
(B) an inherent right of self-determination
and self-governance;
(C) the right to reorganize a Native Hawai-
ian 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-govern-
ment relationship.
SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE
FOR NATIVE HAWAIIAN AFFAIRS.
(a) IN GENERAL.—There is established within the Of-
fice of the Secretary of the Department of the Interior 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 re-
lationship between the Native Hawaiian people and
the United States through the Secretary, and with all
other Federal agencies;
(2) upon the recognition of the Native Hawaiian
government by the United States as provided for in
section 7(d)(2) of this Act, effectuate and coordinate
the special trust relationship between the Native Ha-
waiian 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-
tial to significantly affect Native Hawaiian resources,
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 Sen-
ate, the Committee on Energy and Natural Resources
of the Senate, and the Committee on Resources of the
House of Representatives of an annual report detail-
ing the activities of the Interagency Task Force estab-
lished under section 6 of this Act that are undertaken
with respect to the continuing process of reconcili-
ation and to effect meaningful consultation with the
Native Hawaiian people and the Native Hawaiian
government and providing recommendations for any
necessary changes to existing Federal statutes or regu-
lations 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
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 Interim
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 Native
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 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 Na-
tive 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 composed
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 Hawaiian
Affairs established under section 4 of this Act; and
(3) the Executive Office of the President.
(c) LEAD AGENCIES.—The Department of the Interior
and the Department of Justice shall serve as the lead agen-
cies of the Task Force, and meetings of the Task Force shall
be convened at the request of the lead agencies.
(d) CO-CHAIRS.—The Task Force representative of the
United States Office for Native Hawaiian Affairs estab-
lished 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 primary 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
resources, 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.
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 assist the
adult members of the Native Hawaiian community
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 Hawaiian
Interim Governing Council. The roll shall include the
names of the adult members of the Native Hawaiian
community who wish to become citizens of a Native
Hawaiian government and who are—
(A) the lineal descendants of the aboriginal,
indigenous, native people who resided in the is-
lands that now comprise the State of Hawaii on
or before January 1, 1893, and who occupied
and exercised sovereignty in the Hawaiian ar-
chipelago; or
(B) Native Hawaiians who were eligible in
1921 for the programs authorized by the Hawai-
ian Homes Commission Act (42 Stat. 108, chap-
ter 42) or their lineal descendants.
(2) CERTIFICATION AND SUBMISSION.—
(A) COMMISSION.—
(i) IN GENERAL.—There is authorized
to be established a Commission to be com-
posed of 9 members for the purpose of certi-
fying 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 Secretary
shall appoint the members of the Com-
mission in accordance with subclause
(II).
(II) REQUIREMENTS.—The mem-
bers of the Commission shall be Native
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 Commis-
sion, the Secretary may choose such
members from among—
(aa) five suggested candidates
submitted by the majority leader
of the Senate and the minority
leader of the Senate from a list of
candidates provided to such lead-
ers by the chairman and vice
chairman of the Committee on In-
dian 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
list provided to the Speaker and
the minority leader by the chair-
man and ranking member of the
Committee on Resources of the
House of Representatives.
(B) CERTIFICATION.—The Commission shall
certify that the individuals listed on the roll de-
veloped under the authority of this subsection are
Native Hawaiians, as defined in section 2(7)(A)
of this Act.
(3) PUBLICATION OF FINAL ROLL.—The Commis-
sion shall publish a 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 government.
(b) RECOGNITION OF RIGHTS.—The right of the Native
Hawaiian people to organize for their common welfare and
to adopt appropriate organic governing documents is here-
by 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 subsection
(a) are authorized to—
(A) develop criteria for candidates to be
elected to serve on the Native Hawaiian Interim
Governing Council;
ment of Health and Human Services, to carry
out the activities set forth in subparagraph (C).
(C) ACTIVITIES.—
(i) IN GENERAL.—The Native Hawai-
ian Interim Governing Council is author-
ized to conduct a referendum of the adult
members listed on the roll developed under
the authority of subsection (a) for the pur-
pose of determining (but not limited to) the
following:
(I) The proposed elements of the
organic governing documents of a Na-
tive Hawaiian government.
(II) The proposed powers and au-
thorities to be exercised by a Native
Hawaiian government, as well as the
proposed privileges and immunities of
a Native Hawaiian government.
(III) The proposed civil rights
and protection of such rights of the
citizens of a Native Hawaiian govern-
ment and all persons subject to the au-
thority of a Native Hawaiian govern-
ment.
(ii) DEVELOPMENT OF ORGANIC GOV-
ERNING DOCUMENTS.—Based upon the ref-
erendum, the Native Hawaiian Interim
Governing Council is authorized to develop
proposed organic governing documents for a
Native Hawaiian government.
(iii) DISTRIBUTION.—The Native Ha-
waiian Interim Governing Council is au-
thorized to distribute to all adult members
of those listed on the roll, a copy of the pro-
posed organic governing documents, as
drafted by the Native Hawaiian Interim
Governing Council, along with a brief im-
partial description of the proposed organic
governing documents.
(iv) CONSULTATION.—The Native Ha-
waiian Interim Governing Council is au-
thorized to freely consult with those mem-
bers listed on the roll concerning the text
and description of the proposed organic gov-
erning documents.
(D) ELECTIONS.—
(i) IN GENERAL.—The Native Hawai-
ian Interim Governing Council is author-
ized to hold elections for the purpose of rati-
fying the proposed organic governing docu-
ments.
(ii) ASSISTANCE.—Upon the request of
the Native Hawaiian Interim Governing
Council, the United States Office of Native
Hawaiian Affairs may assist the Council in
conducting such elections.
(4) TERMINATION.—The Native Hawaiian In-
terim Governing Council shall have no power or au-
thority under this Act after the time at which the
duly elected officers of the Native Hawaiian govern-
ment take office.
(d) RECOGNITION OF THE NATIVE HAWAIIAN GOVERN-
MENT.—
(1) PROCESS FOR RECOGNITION.—
(A) SUBMITTAL
OF
ORGANIC
GOVERNING
DOCUMENTS.—The duly elected officers of the
Native Hawaiian government shall submit the
organic governing documents of the Native Ha-
waiian government to the Secretary.
(B) CERTIFICATIONS.—The Secretary shall
certify that the organic governing documents—
(i) were adopted by a majority vote of
the adult members listed on the roll pre-
pared under the authority of subsection (a);
(ii) are consistent with applicable Fed-
eral law and the special trust relationship
between the United States and the native
people of the United States;
(iii) provide for the exercise of those
governmental authorities that are recognized
by the United States as the powers and au-
thorities that are exercised by other govern-
ments representing the indigenous, native
people of the United States;
(iv) provide for the protection of the
civil rights of the citizens of the Native Ha-
waiian government and all persons subject
to the authority of the Native Hawaiian
government, and to assure that the Native
Hawaiian government exercises its author-
ity consistent with the requirements of sec-
tion 202 of the Act of April 11, 1968 (25
U.S.C. 1302);
(v) prevent the sale, disposition, lease,
or encumbrance of lands, interests in lands,
or other assets of the Native Hawaiian gov-
ernment without the consent of the Native
Hawaiian government;
(vi) establish the criteria for citizen-
ship in the Native Hawaiian government;
and
(vii) provide authority for the Native
Hawaiian government to negotiate with
Federal, State, and local governments, and
other entities.
(C) FAILURE
TO
ACT.—If the Secretary
fails to act within 90 days of the date that the
duly elected officers of the Native Hawaiian gov-
ernment submitted the organic governing docu-
ments of the Native Hawaiian government to the
Secretary, the certifications authorized in sub-
paragraph (B) shall be deemed to have been
made.
(2) FEDERAL RECOGNITION.—
(A) RECOGNITION.—Notwithstanding any
other provision of law, upon the certifications (or
deemed certifications) by the Secretary author-
ized in subparagraph (B), Federal recognition is
hereby extended to the Native Hawaiian govern-
ment as the representative governing body of the
Native Hawaiian people.
(B) NO
DIMINISHMENT
OF
RIGHTS
OR
PRIVILEGES.—Nothing contained in this Act
shall diminish, alter, or amend any existing
rights or privileges enjoyed by the Native Ha-
waiian people which are not inconsistent with
the provisions of this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
may be necessary to carry out the activities authorized in
sections 4, 6, and 7 of this Act.
SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AU-
THORITY; NEGOTIATIONS.
(a) REAFFIRMATION.—The delegation by the United
States of authority to the State of Hawaii to address the
conditions of Native Hawaiians contained in the Act enti-
tled ‘‘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. 5) is hereby reaffirmed.
(b) NEGOTIATIONS.—Upon the Federal recognition of
the Native Hawaiian government pursuant to section
7(d)(2) of this Act, the United States is authorized to nego-
tiate and enter into an agreement with the State of Hawaii
and the Native Hawaiian government regarding the trans-
fer of lands, resources, and assets dedicated to Native Ha-
waiian use under existing law as in effect on the date of
enactment of this Act to the Native Hawaiian government.
SEC. 10. DISCLAIMER.
Nothing in this Act is intended to serve as a settlement
of any claims against the United States, or to affect the
rights of the Native Hawaiian people under international
law.
SEC. 11. REGULATIONS.
The Secretary is authorized to make such rules and
regulations and such delegations of authority as the Sec-
retary deems necessary to carry out the provisions of this
Act.
SEC. 12. SEVERABILITY.
In the event that any section or provision of this Act,
or any amendment made by this Act is held invalid, it is
the intent of Congress that the remaining sections or provi-
sions of this Act, and the amendments made by this Act,
shall continue in full force and effect.
Amend the title so as to read: ‘‘A bill 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.’’.
Union Calendar No. 541
106TH CONGRESS
2D SESSION
H. R. 4904
[Report No. 106–897]
A BILL
To express the policy of the United States regard-
ing the United States relationship with Native
Hawaiians, and for other purposes.
SEPTEMBER 26, 2000
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed