HR 2314 PCS 
governing entity, the United States will recognize 
and affirm the Native Hawaiian governing entity’s 
inherent power and authority to determine its own 
membership criteria, to determine its own member-
ship, and to grant, deny, revoke, or qualify member-
ship without regard to whether any person was or 
was not deemed to be a qualified Native Hawaiian 
constituent under this Act. The Native Hawaiian 
governing entity must provide that membership in 
the Native Hawaiian governing entity is voluntary 
and can be relinquished. 
(c) NEGOTIATIONS.— 
(1) IN GENERAL.—Upon the reaffirmation of 
the special political and legal relationship between 
the United States and the Native Hawaiian gov-
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 or agreements addressing such matters 
as— 
(A) the transfer of State of Hawaii lands 
and surplus Federal lands, natural resources, 
and other assets, and the protection of existing 
rights related to such lands or resources; 
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HR 2314 PCS 
(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 exercise of the authority to tax and 
other powers and authorities that are recog-
nized by the United States as powers and au-
thorities typically exercised by governments rep-
resenting indigenous, native people of the 
United States; 
(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 
the United States or the State of Hawaii, and the 
Native Hawaiian governing entity, the parties may 
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-
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HR 2314 PCS 
mittee on Natural Resources of the House of 
Representatives recommendations for proposed 
amendments to Federal law that will enable the 
implementation of agreements reached between 
the 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 governments. 
(3) During the period between the reaffirmation 
of the special political and legal relationship between 
the United States and the Native Hawaiian gov-
erning entity, and the subsequent enactment of leg-
islation to implement the agreement or agreements 
negotiated under paragraph (1): 
(A) There shall be no Indian country with-
in the State of Hawaii. 
(B) The United States shall not take land 
in trust for the benefit of the Native Hawaiian 
governing entity or for the benefit of members 
of the Native Hawaiian governing entity. 
(C) The United States shall not restrict 
the alienability of land owned by the Native Ha-
waiian governing entity. 
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HR 2314 PCS 
(D) Members of the Native Hawaiian gov-
erning entity shall continue to be subject to the 
civil and criminal jurisdiction of Federal and 
State courts. 
(E) Nothing in this Act alters or preempts 
the existing legislative, regulatory, or taxation 
authority of the State of Hawaii over individ-
uals who are members of the Native Hawaiian 
governing entity or over property owned by 
those individuals. 
(F) The Native Hawaiian governing entity 
shall not exercise criminal, civil, adjudicative, 
legislative, regulatory, or taxation authority or 
jurisdiction over individuals who are not mem-
bers of the Native Hawaiian governing entity 
without their express consent. 
(G) The Native Hawaiian governing entity 
shall not exercise criminal, civil, adjudicative, 
legislative, regulatory, or taxation authority or 
jurisdiction over corporations or other associa-
tions or entities that are owned wholly or in 
majority part by persons who are not members 
of the Native Hawaiian governing entity with-
out their express consent. 
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(H) The Native Hawaiian governing entity 
shall be immune from any lawsuit in any Fed-
eral or State court, with the exception described 
in section 10(c)(3) and the exceptions set forth 
in clauses (i) through (iii) of this subparagraph. 
(i) The Native Hawaiian governing 
entity may waive its sovereign immunity, 
provided that it does so clearly and un-
equivocally. 
(ii) The Native Hawaiian governing 
entity shall not be immune from any law-
suit brought by the United States in any 
Federal court. 
(iii) Real property owned in fee simple 
by the Native Hawaiian governing entity 
shall not be immune from any in rem ac-
tion filed by the State of Hawaii. 
(I) 
Governmental, 
nonbusiness, 
non-
commercial activities undertaken by the Native 
Hawaiian governing entity, or by a corporation 
or other association or entity wholly owned by 
the Native Hawaiian governing entity, shall not 
be subject to the regulatory or taxation author-
ity of the State of Hawaii, provided that noth-
ing in this subparagraph shall exempt any nat-
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HR 2314 PCS 
ural person (except an officer or employee of 
the Native Hawaiian governing entity, acting 
within the scope of his or her authority), from 
the regulatory, taxation, or other authority of 
the State of Hawaii. In determining whether an 
activity is covered by this subparagraph, due 
consideration shall be given to the constraints 
described in subparagraphs (A), (F), and (G). 
(J) Commercial or business activities un-
dertaken by the Native Hawaiian governing en-
tity, or by a corporation or other association or 
entity owned, operated, or sponsored by the Na-
tive Hawaiian governing entity, shall be subject 
to the regulatory and taxation authority of the 
State of Hawaii to the same extent as commer-
cial or business activities undertaken by others. 
(K) Subject to subparagraph (I), activities 
conducted on real property owned by, leased by, 
or subject to the control of the Native Hawaiian 
governing entity shall be subject to the regu-
latory and taxation authority of the State of 
Hawaii to the same extent as activities con-
ducted on real property owned by, leased by, or 
subject to the control of others. 
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(L) Subject to subparagraph (O), real 
property owned by, leased by, or subject to the 
control of the Native Hawaiian governing enti-
ty, and development of such property, shall be 
subject to the regulatory and taxation authority 
of the State of Hawaii to the same extent as 
real property owned by, leased by, or subject to 
the control of others. 
(M) Any commercial or business corpora-
tion or other commercial or business association 
or entity owned, operated, or sponsored by the 
Native Hawaiian governing entity shall be sub-
ject to the regulatory and taxation authority of 
the State of Hawaii to the same extent as com-
mercial and business corporations and other 
commercial and business associations and enti-
ties owned, operated, or sponsored by others. 
(N) Any specific power, authority, or re-
striction set forth in this paragraph shall expire 
upon enactment of legislation that implements 
an agreement or agreements negotiated under 
paragraph (1) and that expressly replaces or al-
ters such power, authority, or restriction. 
(O) Nothing in this paragraph diminishes 
any right or immunity (including any immunity 
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