(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(10) 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.— 
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(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.— 
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(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 
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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-
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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 3 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— 
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(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 3 governments; 
(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; 
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(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 
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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 
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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 
special political and legal relationship between the 
United States and the Native Hawaiian governing 
entity is hereby reaffirmed and the United States ex-
tends Federal recognition to the Native Hawaiian 
governing 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. 4), is re-
affirmed. 
(b) NEGOTIATIONS.— 
(1) IN GENERAL.—Upon the reaffirmation of 
the special political and legal relationship between 
the United States and the Native Hawaiian gov-
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erning entity, the United States and the State of 
Hawaii may enter into negotiations with the Native 
Hawaiian governing entity designed to lead to an 
agreement 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; 
(E) any residual responsibilities of the 
United States and the State of Hawaii; and 
(F) grievances regarding assertions of his-
torical wrongs committed against Native Ha-
waiians by the United States or by the State of 
Hawaii. 
(2) AMENDMENTS TO EXISTING LAWS.—Upon 
agreement on any matter or matters negotiated with 
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the United States, the State of Hawaii, and the Na-
tive Hawaiian governing entity, the parties are au-
thorized to submit— 
(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 3 
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 3 governments. 
(3) 
GOVERNMENTAL
AUTHORITY
AND 
POWER.—Any governmental authority or power to 
be exercised by the Native Hawaiian governing enti-
ty which is currently exercised by the State or Fed-
eral Governments shall be exercised by the Native 
Hawaiian governing entity only as agreed to in nego-
tiations pursuant to section 8(b)(1) of this Act and 
beginning on the date on which legislation to imple-
ment such agreement has been enacted by the 
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United States Congress, when applicable, and by the 
State of Hawaii, when applicable. This includes any 
required modifications to the Hawaii State Constitu-
tion in accordance with the Hawaii Revised Statutes. 
(c) CLAIMS.— 
(1) DISCLAIMERS.—Nothing in this Act— 
(A) creates a cause of action against the 
United States or any other entity or person; 
(B) alters existing law, including existing 
case law, regarding obligations on the part of 
the United States or the State of Hawaii with 
regard to Native Hawaiians or any Native Ha-
waiian entity; 
(C) creates obligations that did not exist in 
any source of Federal law prior to the date of 
enactment of this Act; or 
(D) establishes authority for the recogni-
tion of Native Hawaiian groups other than the 
single Native Hawaiian Governing Entity. 
(2) FEDERAL SOVEREIGN IMMUNITY.— 
(A) SPECIFIC PURPOSE.—Nothing in this 
Act is intended to create or allow to be main-
tained in any court any potential breach-of- 
trust actions, land claims, resource-protection 
or resource-management claims, or similar 
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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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