types of claims brought by or on behalf of Na-
tive Hawaiians or the Native Hawaiian gov-
erning entity for equitable, monetary, or Ad-
ministrative Procedure Act-based relief against 
the United States or the State of Hawaii, 
whether or not such claims specifically assert 
an alleged breach of trust, call for an account-
ing, seek declaratory relief, or seek the recovery 
of or compensation for lands once held by Na-
tive Hawaiians. 
(B) ESTABLISHMENT AND RETENTION OF 
SOVEREIGN IMMUNITY.—To effectuate the ends 
expressed in section 8(c)(1) and 8(c)(2)(A), and 
notwithstanding any other provision of Federal 
law, the United States retains its sovereign im-
munity to any claim that existed prior to the 
enactment of this Act (including, but not lim-
ited to, any claim based in whole or in part on 
past events), and which could be brought by 
Native Hawaiians or any Native Hawaiian gov-
erning entity. Nor shall any preexisting waiver 
of sovereign immunity (including, but not lim-
ited to, waivers set forth in chapter 7 of part 
I of title 5, United States Code, and sections 
1505 and 2409a of title 28, United States 
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Code) be applicable to any such claims. This 
complete retention or reclaiming of sovereign 
immunity also applies to every claim that might 
attempt to rely on this Act for support, without 
regard to the source of law under which any 
such claim might be asserted. 
(C) EFFECT.—It is the general effect of 
section 8(c)(2)(B) that any claims that may al-
ready have accrued and might be brought 
against the United States, including any claims 
of the types specifically referred to in section 
8(c)(2)(A), along with both claims of a similar 
nature and claims arising out of the same nu-
cleus of operative facts as could give rise to 
claims of the specific types referred to in sec-
tion 8(c)(2)(A), be rendered nonjusticiable in 
suits brought by plaintiffs other than the Fed-
eral Government. 
(3) STATE SOVEREIGNTY IMMUNITY.— 
(A) Notwithstanding any other provision of 
Federal law, the State retains its sovereign im-
munity, unless waived in accord with State law, 
to any claim, established under any source of 
law, regarding Native Hawaiians, that existed 
prior to the enactment of this Act. 
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(B) Nothing in this Act shall be construed 
to constitute an override pursuant to section 5 
of the Fourteenth Amendment of State sov-
ereign immunity held under the Eleventh 
Amendment. 
SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS. 
(a) INDIAN GAMING REGULATORY ACT.— 
(1) The Native Hawaiian governing entity and 
Native Hawaiians may not conduct gaming activities 
as a matter of claimed inherent authority or under 
the authority of any Federal law, including the In-
dian Gaming Regulatory Act (25 U.S.C. 2701 et 
seq.) or under any regulations thereunder promul-
gated by the Secretary or the National Indian Gam-
ing Commission. 
(2) The foregoing prohibition in section 9(a)(1) 
on the use of Indian Gaming Regulatory Act and in-
herent authority to game apply regardless of wheth-
er gaming by Native Hawaiians or the Native Ha-
waiian governing entity would be located on land 
within the State of Hawaii or within any other State 
or Territory of the United States. 
(b) TAKING LAND INTO TRUST.—Notwithstanding 
any other provision of law, including but not limited to 
part 151 of title 25, Code of Federal Regulations, the Sec-
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retary shall not take land into trust on behalf of individ-
uals or groups claiming to be Native Hawaiian or on be-
half of the native Hawaiian governing entity. 
(c) REAL
PROPERTY
TRANSFERS.—The Indian 
Trade and Intercourse Act (25 U.S.C. 177), does not, has 
never, and will not apply after enactment to lands or lands 
transfers present, past, or future, in the State of Hawaii. 
If despite the expression of this intent herein, a court were 
to construe the Trade and Intercourse Act to apply to 
lands or land transfers in Hawaii before the date of enact-
ment of this Act, then any transfer of land or natural re-
sources located within the State of Hawaii prior to the 
date of enactment of this Act, by or on behalf of the Na-
tive Hawaiian people, or individual Native Hawaiians, 
shall be deemed to have been made in accordance with 
the Indian Trade and Intercourse Act and any other provi-
sion of Federal law that specifically applies to transfers 
of land or natural resources from, by, or on behalf of an 
Indian tribe, Native Hawaiians, or Native Hawaiian enti-
ties. 
(d) 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 
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of the Code of Federal Regulations or any other adminis-
trative acknowledgment or recognition process. 
(e) JURISDICTION.—Nothing in this Act alters the 
civil or criminal jurisdiction of the United States or the 
State of Hawaii over lands and persons within the State 
of Hawaii. The status quo of Federal and State jurisdic-
tion can change only as a result of further legislation, if 
any, enacted after the conclusion, in relevant part, of the 
negotiation process established in section 8(b). 
(f) INDIAN PROGRAMS
AND SERVICES.—Notwith-
standing section 7(c)(6), because of the eligibility of the 
Native Hawaiian governing entity and its citizens for Na-
tive Hawaiian programs and services in accordance with 
subsection (g), nothing in this Act provides an authoriza-
tion for eligibility to participate in any Indian program 
or service to any individual or entity not otherwise eligible 
for the program or service under applicable Federal law. 
(g) NATIVE HAWAIIAN PROGRAMS AND SERVICES.— 
The Native Hawaiian governing entity and its citizens 
shall be eligible for Native Hawaiian programs and serv-
ices to the extent and in the manner provided by other 
applicable laws. 
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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. 
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Union Calendar No. 241 
111TH CONGRESS 
2D SESSION 
H. R. 2314 
[Report No. 111–412] 
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. 
FEBRUARY 22, 2010 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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