I 
108TH CONGRESS 
2D SESSION 
H. R. 4282
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, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 5, 2004
Mr. ABERCROMBIE (for himself, Mr. CASE, Mr. RAHALL, Mr. YOUNG of Alas-
ka, and Mr. FALEOMAVAEGA) introduced the following bill; which was re-
ferred to the Committee on 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, 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. SHORT TITLE. 
This Act may be cited as the ‘‘Native Hawaiian Gov-
ernment Reorganization Act of 2004’’. 
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; 
(2) Native Hawaiians, the native people of the 
Hawaiian archipelago that is now part of the United 
States, are indigenous, native people of the United 
States; 
(3) the United States has a special political and 
legal responsibility to promote the welfare of the na-
tive people of the United States, including Native 
Hawaiians; 
(4) under the treaty making power of the 
United States, Congress exercised its constitutional 
authority to confirm treaties between the United 
States and the Kingdom of Hawaii, and from 1826 
until 1893, the United States—
(A) recognized the sovereignty of the King-
dom of Hawaii; 
(B) accorded full diplomatic recognition to 
the Kingdom of Hawaii; and 
(C) entered into treaties and conventions 
with the Kingdom of Hawaii to govern com-
merce and navigation in 1826, 1842, 1849, 
1875, and 1887;
(5) pursuant to the Hawaiian Homes Commis-
sion Act, 1920 (42 Stat. 108, chapter 42), the 
United States set aside approximately 203,500 acres 
of land to address the conditions of Native Hawai-
ians in the Federal territory that later became the 
State of Hawaii; 
(6) by setting aside 203,500 acres of land for 
Native Hawaiian homesteads and farms, the Hawai-
ian Homes Commission Act assists the members of 
the Native Hawaiian community in maintaining dis-
tinct native settlements throughout the State of Ha-
waii; 
(7) approximately 6,800 Native Hawaiian fami-
lies reside on the Hawaiian Home Lands and ap-
proximately 18,000 Native Hawaiians who are eligi-
ble to reside on the Hawaiian Home Lands are on 
a waiting list to receive assignments of Hawaiian 
Home Lands; 
(8)(A) in 1959, as part of the compact with the 
United States admitting Hawaii into the Union, 
Congress established a public trust (commonly 
known as the ‘‘ceded lands trust’’), for 5 purposes, 
1 of which is the betterment of the conditions of Na-
tive Hawaiians;
(B) the public trust consists of lands, including 
submerged lands, natural resources, and the reve-
nues derived from the lands; and 
(C) the assets of this public trust have never 
been completely inventoried or segregated; 
(9) Native Hawaiians have continuously sought 
access to the ceded lands in order to establish and 
maintain native settlements and distinct native com-
munities throughout the State; 
(10) the Hawaiian Home Lands and other 
ceded lands provide an important foundation for the 
ability of the Native Hawaiian community to main-
tain the practice of Native Hawaiian culture, lan-
guage, and traditions, and for the survival and eco-
nomic self-sufficiency of the Native Hawaiian people; 
(11) Native Hawaiians continue to maintain 
other distinctly native areas in Hawaii; 
(12) on November 23, 1993, Public Law 103–
150 (107 Stat. 1510) (commonly known as the 
‘‘Apology Resolution’’) was enacted into law, extend-
ing 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
(16) Native Hawaiians have also given expres-
sion to their rights as native people to self-deter-
mination, self-governance, and economic self-suffi-
ciency—
(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; 
(xii) traditional justice programs, and
(B) by continuing their efforts to enhance 
Native Hawaiian 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 
traditional rights to gather medicinal plants and 
herbs, and food sources; 
(18) 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; 
(19) 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 Native 
Hawaiian governing entity for the purpose of giving
expression to their rights as native people to self-de-
termination and self-governance; 
(20) Congress—
(A) has declared that the United States 
has a special responsibility for the welfare of 
the native peoples of the United States, includ-
ing Native Hawaiians; 
(B) has identified Native Hawaiians as a 
distinct group of indigenous, native people of 
the United States within the scope of its au-
thority 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; 
(21) 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 
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 authority to enforce the trust, including 
the exclusive right of the United States to con-
sent to any actions affecting the lands that 
comprise the corpus of the trust and any 
amendments to the Hawaiian Homes Commis-
sion Act, 1920 (42 Stat. 108, chapter 42) that 
are enacted by the legislature of the State of 
Hawaii affecting the beneficiaries under the 
Act; 
(22) the United States has continually recog-
nized and reaffirmed that—
(A) Native Hawaiians have a cultural, his-
toric, and land-based link to the aboriginal, in-
digenous, native people who exercised 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 indigenous, native people of a once-
sovereign 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; and 
(23) the State of Hawaii supports the reaffir-
mation of the political and legal relationship between 
the Native Hawaiian governing entity and the 
United States as evidenced by 2 unanimous resolu-
tions 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 Hawaii 
before the Committee on Indian Affairs of the Sen-
ate on February 25, 2003. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ABORIGINAL, INDIGENOUS, NATIVE
PEO-
PLE.—The term ‘‘aboriginal, indigenous, native peo-
ple’’ means 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. 
(2) ADULT MEMBER.—The term ‘‘adult mem-
ber’’ means a Native Hawaiian who has attained the 
age of 18 and who elects to participate in the reor-
ganization of the Native Hawaiian governing entity. 
(3) 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. 
(4) COMMISSION.—The term ‘‘commission’’ 
means the Commission established under section 
7(b) to provide for the certification that those adult 
members of the Native Hawaiian community listed 
on the roll meet the definition of Native Hawaiian 
set forth in section 3(8). 
(5) COUNCIL.—The term ‘‘council’’ means the 
Native Hawaiian Interim Governing Council estab-
lished under section 7(c)(2). 
(6) INDIGENOUS, NATIVE PEOPLE.—The term 
‘‘indigenous, native people’’ means the lineal de-
scendants of the aboriginal, indigenous, native peo-
ple of the United States. 
(7) INTERAGENCY COORDINATING GROUP.—The 
term ‘‘Interagency Coordinating Group’’ means the 
Native Hawaiian Interagency Coordinating Group 
established under section 6. 
(8) NATIVE HAWAIIAN.—For the purpose of es-
tablishing the roll authorized under section 7(c)(1) 
and before the reaffirmation of the political and 
legal relationship between the United States and the 
Native Hawaiian governing entity, the term ‘‘Native 
Hawaiian’’ means—
(A) an individual who is one of the indige-
nous, native people of Hawaii and who is a di-
rect lineal descendant of the aboriginal, indige-
nous, 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 sovereignty 
in the Hawaiian archipelago, including the 
area that now constitutes the State of Ha-
waii; or 
(B) an individual who is one of the indige-
nous, native people of Hawaii and who was eli-
gible in 1921 for the programs authorized by 
the Hawaiian Homes Commission Act (42 Stat. 
108, chapter 42) or a direct lineal descendant 
of that individual. 
(9) NATIVE HAWAIIAN GOVERNING ENTITY.—
The term ‘‘Native Hawaiian Governing Entity’’ 
means the governing entity organized by the Native 
Hawaiian people pursuant to this Act. 
(10) OFFICE.—The term ‘‘Office’’ means the 
United States Office for Native Hawaiian Relations 
established under section 5(a). 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Department of the Inte-
rior. 
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) Congress possesses the authority under the 
Constitution, including but not limited to Article I,
section 8, clause 3, to enact legislation to address 
the conditions of Native Hawaiians and has exer-
cised this authority 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 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 Native Hawaiian
governing entity and the reaffirmation of the political and 
legal relationship between the United States and the Na-
tive Hawaiian governing entity for purposes of continuing 
a government-to-government relationship. 
SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RE-
LATIONS. 
(a) ESTABLISHMENT.—There is established within 
the Office of the Secretary of 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 political and 
legal relationship between the Native Hawaiian gov-
erning entity and the United States, effectuate and 
coordinate the special political and legal relationship 
between the Native Hawaiian governing entity 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 governing entity by pro-
viding timely notice to, and consulting with, the Na-
tive Hawaiian people and the Native Hawaiian gov-
erning entity before taking any actions that may 
have the potential to significantly affect Native Ha-
waiian resources, rights, or lands; 
(4) consult with the Interagency Coordinating 
Group, other Federal agencies, the Governor of the 
State of Hawaii and relevant agencies of the State 
of Hawaii on policies, practices, and proposed ac-
tions affecting 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, the Committee on 
Resources of the House of Representatives, an an-
nual report detailing the activities of the Interagency 
Coordinating Group that are undertaken with re-
spect to the continuing process of reconciliation and 
to effect meaningful consultation with the Native 
Hawaiian governing entity and providing rec-
ommendations for any necessary changes to Federal 
law or regulations promulgated under the authority 
of Federal law. 
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 that administers Na-
tive Hawaiian programs, establishes or implements 
policies that affect Native Hawaiians, or whose ac-
tions may significantly or uniquely impact Native 
Hawaiian resources, rights, or lands; and 
(2) the Office. 
(c) LEAD AGENCY.—
(1) IN GENERAL.—The Department of the Inte-
rior shall serve as the lead agency 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) ensure that each Federal agency develops a 
policy on consultation with the Native Hawaiian peo-
ple, and upon the reaffirmation of the political and 
legal relationship between the Native Hawaiian gov-
erning entity and the United States, consultation 
with the Native Hawaiian governing entity; and 
(3) ensure the participation of each Federal 
agency in the development of the report to Congress 
authorized in section 5(b)(5). 
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-