HR 4904 PCS
States Office for Native Hawaiian Affairs with-
in the Department of the Interior and the Ad-
ministration for Native Americans within the
Department of Health and Human Services, to
carry out the activities set forth in subpara-
graph (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
authorities 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-
HR 4904 PCS
ment and all persons subject to the
authority of a Native Hawaiian gov-
ernment.
(ii) DEVELOPMENT OF ORGANIC GOV-
ERNING
DOCUMENTS.—Based upon the
referendum, 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
proposed 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
governing documents.
(D) ELECTIONS.—
HR 4904 PCS
(i) IN GENERAL.—The Native Hawai-
ian Interim Governing Council is author-
ized to hold elections for the purpose of
ratifying the proposed organic governing
documents, and upon ratification of the or-
ganic governing documents, to hold elec-
tions for the officers of the Native Hawai-
ian government.
(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 GOV-
ERNMENT.—
(1) PROCESS FOR RECOGNITION.—
(A) SUBMITTAL OF ORGANIC GOVERNING
DOCUMENTS.—The duly elected officers of the
Native Hawaiian government shall submit the
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organic governing documents of the Native Ha-
waiian government to the Secretary.
(B) CERTIFICATIONS.—Within 90 days of
the date that the duly elected officers of the
Native Hawaiian government submit the or-
ganic governing documents to the Secretary,
the Secretary shall certify that the organic gov-
erning 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 indige-
nous native people of the United States;
(iii) provide for the exercise of those
governmental authorities that are recog-
nized by the United States as the powers
and authorities that are exercised by other
governments representing the indigenous,
native people of the United States;
(iv) provide for the protection of the
civil rights of the citizens of the Native
Hawaiian government and all persons sub-
HR 4904 PCS
ject to the authority of the Native Hawai-
ian government, and to assure that the
Native Hawaiian government exercises its
authority consistent with the requirements
of section 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 Hawai-
ian government 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
government submitted the organic governing
documents of the Native Hawaiian government
to the Secretary, the certifications authorized in
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subparagraph (B) shall be deemed to have been
made.
(D) RESUBMISSION
IN
CASE
OF
NON-
COMPLIANCE WITH FEDERAL LAW.—
(i) RESUBMISSION
BY
THE
SEC-
RETARY.—If the Secretary determines that
the organic governing documents, or any
part thereof, are not consistent with appli-
cable Federal law, the Secretary shall re-
submit the organic governing documents to
the duly elected officers of the Native Ha-
waiian government along with a justifica-
tion for each of the Secretary’s findings as
to why the provisions are not consistent
with such law.
(ii) AMENDMENT AND RESUBMISSION
BY
THE
NATIVE
HAWAIIAN
GOVERN-
MENT.—If the organic governing docu-
ments are resubmitted to the duly elected
officers of the Native Hawaiian govern-
ment by the Secretary under clause (i), the
duly elected officers of the Native Hawai-
ian government shall—
(I) amend the organic governing
documents to ensure that the docu-
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ments comply with applicable Federal
law; and
(II) resubmit the amended or-
ganic governing documents to the Sec-
retary for certification in accordance
with subparagraphs (B) and (C).
(2) FEDERAL RECOGNITION.—
(A) RECOGNITION.—Notwithstanding any
other provision of law, upon the election of the
officers of the Native Hawaiian government and
the certifications (or deemed certifications) by
the Secretary authorized in paragraph (1), Fed-
eral recognition is hereby extended to the Na-
tive Hawaiian government 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
this Act.
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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 ne-
gotiate and enter into an agreement with the State of Ha-
waii and the Native Hawaiian government regarding the
transfer of lands, resources, and assets dedicated to Na-
tive Hawaiian use under existing law as in effect on the
date of the enactment of this Act to the Native Hawaiian
government.
SEC. 10. DISCLAIMER.
Nothing in this Act is intended to serve as a settle-
ment of any claims against the United States, or to affect
the rights of the Native Hawaiian people under inter-
national law.
SEC. 11. REGULATIONS.
The Secretary is authorized to make such rules and
regulations and such delegations of authority as the Sec-
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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
provisions of this Act, and the amendments made by this
Act, shall continue in full force and effect.
Passed the House of Representatives September 26,
2000.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 893
106TH CONGRESS
2D SESSION
H.R. 4904
AN ACT
To express the policy of the United States regard-
ing the United States relationship with Native
Hawaiians, to provide a process for the reorga-
nization of a Native Hawaiian government and
the recognition by the United States of the Na-
tive Hawaiian government, and for other pur-
poses.
OCTOBER 2 (legislative day, SEPTEMBER 22), 2000
Read twice and placed on the calendar