HR 505 PCS 
(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; 
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(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 single Native Ha-
waiian governing entity and the reaffirmation of the spe-
cial political and legal relationship between the United 
States and that Native Hawaiian governing entity for pur-
poses of continuing a government-to-government relation-
ship. 
SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RE-
LATIONS. 
(a) ESTABLISHMENT.—There is established within 
the Office of the Secretary, 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 special polit-
ical and legal relationship between the single Native 
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HR 505 PCS 
Hawaiian governing entity and the United States, 
effectuate and coordinate the special political and 
legal relationship between the Native Hawaiian gov-
erning 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, and the State of Ha-
waii on policies, practices, and proposed actions af-
fecting 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 and 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 
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HR 505 PCS 
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. 
(c) APPLICABILITY
TO
DEPARTMENT
OF
DE-
FENSE.—This section shall have no applicability to the 
Department of Defense or to any agency or component 
of the Department of Defense, but the Secretary of De-
fense may designate 1 or more officials as liaison to the 
Office. 
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-
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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) consult with the Native Hawaiian governing 
entity, through the coordination referred to in sec-
tion 6(d)(1), but the consultation obligation estab-
lished in this provision shall apply only after the sat-
isfaction of all of the conditions referred to in sec-
tion 7(c)(6); and 
(3) ensure the participation of each Federal 
agency in the development of the report to Congress 
authorized in section 5(b)(5). 
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(e) APPLICABILITY
TO
DEPARTMENT
OF
DE-
FENSE.—This section shall have no applicability to the 
Department of Defense or to any agency or component 
of the Department of Defense, but the Secretary of De-
fense may designate 1 or more officials as liaison to the 
Interagency Coordinating Group. 
SEC. 7. PROCESS FOR THE REORGANIZATION OF THE NA-
TIVE HAWAIIAN GOVERNING ENTITY AND 
THE REAFFIRMATION OF THE SPECIAL PO-
LITICAL 
AND 
LEGAL 
RELATIONSHIP 
BE-
TWEEN THE UNITED STATES AND THE NA-
TIVE HAWAIIAN GOVERNING ENTITY. 
(a) RECOGNITION OF THE NATIVE HAWAIIAN GOV-
ERNING ENTITY.—The right of the Native Hawaiian peo-
ple to reorganize the single Native Hawaiian governing en-
tity to provide for their common welfare and to adopt ap-
propriate 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 9 mem-
bers 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-
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(ii) an ability to read and translate 
into English documents written in the Ha-
waiian language. 
(C) VACANCIES.—A vacancy on the Com-
mission— 
(i) shall not affect the powers of the 
Commission; and 
(ii) shall be filled in the same manner 
as the original appointment. 
(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 
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inclusion on the roll meets the definition of Na-
tive Hawaiian in section 3(10). 
(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. 
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HR 505 PCS 
(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 spe-
cial political and legal relationship between the Na-
tive Hawaiian governing entity and the United 
States. 
(c) PROCESS FOR THE REORGANIZATION OF THE NA-
TIVE HAWAIIAN GOVERNING ENTITY.— 
(1) ROLL.— 
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HR 505 PCS 
(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(10) 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(10). 
(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(10); 
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(ii) establish a standard format for 
the submission of documentation; and 
(iii) publish information related to 
clauses (i) and (ii) in the Federal Register. 
(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(10), 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(10) to 
the Secretary within two years from the 
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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(10). 
(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(10), 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(10) 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; and 
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