II 
Calendar No. 319 
111TH CONGRESS 
2D SESSION 
H. R. 2314 
IN THE SENATE OF THE UNITED STATES 
FEBRUARY 24, 2010 
Received 
MARCH 15, 2010 
Read the first time 
MARCH 16, 2010 
Read the second time and placed on the calendar 
AN ACT 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Native Hawaiian Gov-
ernment Reorganization Act of 2010’’. 
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 and the Supreme 
Court has held that under the Indian Commerce, 
Treaty, Supremacy, and Property Clauses, and the 
War Powers, Congress may exercise that power to 
rationally promote the welfare of the native peoples 
of the United States so long as the native people are 
a ‘‘distinctly native community’’; 
(2) Native Hawaiians, the native people of the 
Hawaiian archipelago that is now part of the United 
States, are 1 of the indigenous, native peoples of the 
United States, and the Native Hawaiian people are 
a distinctly native community; 
(3) the United States has a special political and 
legal relationship with, and has long enacted legisla-
tion to promote the welfare of, the native peoples of 
the United States, including the Native Hawaiian 
people; 
(4) under the authority of the Constitution, the 
United States concluded a number of treaties with 
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the Kingdom of Hawaii, and from 1826 until 1893, 
the United States— 
(A) recognized the sovereignty of the King-
dom of Hawaii as a nation; 
(B) accorded full diplomatic recognition to 
the Kingdom of Hawaii; and 
(C) entered into treaties and conventions 
of peace, friendship and commerce with the 
Kingdom of Hawaii to govern trade, commerce, 
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 in trust to better address the conditions of 
Native Hawaiians in the Federal territory that later 
became the State of Hawaii and in enacting the Ha-
waiian Homes Commission Act, 1920, Congress ac-
knowledged the Native Hawaiian people as a native 
people of the United States, as evidenced by the 
Committee Report, which notes that Congress relied 
on the Indian affairs power and the War Powers, in-
cluding the power to make peace; 
(6) by setting aside 203,500 acres of land in 
trust for Native Hawaiian homesteads and farms, 
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the Hawaiian Homes Commission Act, 1920, assists 
the members of the Native Hawaiian community in 
maintaining distinctly native communities through-
out the State of Hawaii; 
(7) approximately 9,800 Native Hawaiian fami-
lies reside on the Hawaiian Home Lands, and ap-
proximately 25,000 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 delegated the authority and responsibility 
to administer the Hawaiian Homes Commission Act, 
1920, lands in trust for Native Hawaiians and es-
tablished a new public trust (commonly known as 
the ‘‘ceded lands trust’’), for 5 purposes, 1 of which 
is the betterment of the conditions of Native Hawai-
ians, and Congress thereby reaffirmed its recogni-
tion of the Native Hawaiians as a distinctly native 
community with a direct lineal and historical succes-
sion to the aboriginal, indigenous people of Hawaii; 
(B) the public trust consists of lands, including 
submerged lands, natural resources, and the reve-
nues derived from the lands; and 
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(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 important native land reserves 
and resources for the Native Hawaiian community 
to maintain the practice of Native Hawaiian culture, 
language, and traditions, and for the continuity, sur-
vival, and economic self-sufficiency of the Native 
Hawaiian people as a distinctly native political com-
munity; 
(11) Native Hawaiians continue to maintain 
other distinctly native areas in Hawaii, including na-
tive lands that date back to the ali‘i and kuleana 
lands reserved under the Kingdom of Hawaii; 
(12) through the Sovereign Council of Hawaiian 
Homelands Assembly and Native Hawaiian home-
stead associations, Native Hawaiian civic associa-
tions, charitable trusts established by the Native Ha-
waiian ali‘i, nonprofit native service providers and 
other community associations, the Native Hawaiian 
people have actively maintained native traditions and 
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customary usages throughout the Native Hawaiian 
community and the Federal and State courts have 
continuously recognized the right of the Native Ha-
waiian people to engage in certain customary prac-
tices and usages on public lands; 
(13) 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 to Native Hawaiians on behalf of the 
people of the United States for the United States’ 
role in the overthrow of the Kingdom of Hawaii; 
(14) the Apology Resolution acknowledges that 
the overthrow of the Kingdom of Hawaii occurred 
with the active participation of agents and citizens 
of the United States, and further acknowledges that 
the Native Hawaiian people never directly relin-
quished to the United States their claims to their in-
herent sovereignty as a people over their national 
lands, either through the Kingdom of Hawaii or 
through a plebiscite or referendum; 
(15)(A) the Apology Resolution expresses the 
commitment of Congress and the President— 
(i) to acknowledge the ramifications of the 
overthrow of the Kingdom of Hawaii; and 
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(ii) to support reconciliation efforts be-
tween the United States and Native Hawaiians; 
(B) Congress established the Office of Hawai-
ian Relations within the Department of the Interior 
with 1 of its purposes being to consult with Native 
Hawaiians on the reconciliation process; and 
(C) the United States has the duty to reconcile 
and reaffirm its friendship with the Native Hawaiian 
people because, among other things, the United 
States Minister and United States naval forces par-
ticipated in the overthrow of the Kingdom of Ha-
waii; 
(16)(A) despite the overthrow of the Govern-
ment of the Kingdom of Hawaii, Native Hawaiians 
have continued to maintain their separate identity as 
a single distinctly native political community 
through cultural, social, and political institutions, 
and to give expression to their rights as native peo-
ple to self-determination, self-governance, and eco-
nomic self-sufficiency; and 
(B) there is clear continuity between the ab-
original, indigenous, native people of the Kingdom of 
Hawaii and their successors, the Native Hawaiian 
people today; 
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(17) 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; and 
(xii) traditional justice programs; and 
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(B) by continuing their efforts to enhance 
Native Hawaiian self-determination and local 
control; 
(18) Native Hawaiian people are actively en-
gaged in Native Hawaiian cultural practices, tradi-
tional agricultural methods, fishing and subsistence 
practices, maintenance of cultural use areas and sa-
cred sites, protection of burial sites, and the exercise 
of their traditional rights to gather medicinal plants 
and herbs, and food sources; 
(19) 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; 
(20) 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 single 
unified Native Hawaiian governing entity for the 
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purpose of giving expression to their rights as a na-
tive people to self-determination and self-governance; 
(21) Congress— 
(A) has declared that the United States 
has a special political and legal relationship for 
the welfare of the native peoples of the United 
States, including Native Hawaiians; 
(B) has identified Native Hawaiians as an 
indigenous, distinctly native people of the 
United States within the scope of its authority 
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; 
(22) 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 
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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 exclusive right of the United States to 
consent to any actions affecting the lands in-
cluded in the trust and any amendments to the 
Hawaiian Homes Commission Act, 1920 (42 
Stat. 108, chapter 42), that are enacted by the 
legislature of the State of Hawaii affecting the 
beneficiaries under the Act; 
(23) the United States has continually recog-
nized and reaffirmed that— 
(A) Native Hawaiians have a direct genea-
logical, cultural, historic, and land-based con-
nection to their forebears, the aboriginal, indig-
enous, native people who exercised original sov-
ereignty over the Hawaiian Islands; 
(B) Native Hawaiians have never relin-
quished their claims to sovereignty or their sov-
ereign lands; 
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(C) the United States extends services to 
Native Hawaiians because of their unique sta-
tus as the native people of a prior-sovereign na-
tion with whom the United States has a special 
political and legal relationship; and 
(D) the special relationship of American 
Indians, Alaska Natives, and Native Hawaiians 
to the United States arises out of their status 
as aboriginal, indigenous, native people of the 
United States; and 
(24) the State of Hawaii supports the reaffir-
mation of the special political and legal relationship 
between the Native Hawaiian governing entity and 
the United States, as evidenced by 2 unanimous res-
olutions 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 Ha-
waii before the Committee on Indian Affairs of the 
Senate on February 25, 2003, and March 1, 2005. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ABORIGINAL, INDIGENOUS, NATIVE
PEO-
PLE.—The term ‘‘aboriginal, indigenous, native peo-
ple’’ means a people whom Congress has recognized 
as the original inhabitants of the lands that later be-
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provided by the Bureau of Indian Affairs, the 
Indian Health Service, or any other Federal 
agency. 
(6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(7) INDIGENOUS, NATIVE PEOPLE.—The term 
‘‘indigenous, native people’’ means the lineal de-
scendants of the aboriginal, indigenous, native peo-
ple of the United States. 
(8) INTERAGENCY COORDINATING GROUP.—The 
term ‘‘Interagency Coordinating Group’’ means the 
Native Hawaiian Interagency Coordinating Group 
established under section 6. 
(9) NATIVE HAWAIIAN GOVERNING ENTITY.— 
The term ‘‘Native Hawaiian governing entity’’ 
means the governing entity organized pursuant to 
this Act by the qualified Native Hawaiian constitu-
ents. 
(10) NATIVE HAWAIIAN MEMBERSHIP ORGANI-
ZATION.—The term ‘‘Native Hawaiian membership 
organization’’ means an organization that— 
(A) serves and represents the interests of 
Native Hawaiians, has as a primary and stated 
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purpose the provision of services to Native Ha-
waiians, and has expertise in Native Hawaiian 
affairs; 
(B) has leaders who are elected democrat-
ically, or selected through traditional Native 
leadership practices, by members of the Native 
Hawaiian community; 
(C) advances the cause of Native Hawai-
ians culturally, socially, economically, or politi-
cally; 
(D) is a membership organization or asso-
ciation; and 
(E) has an accurate and reliable list of Na-
tive Hawaiian members. 
(11) OFFICE.—The term ‘‘Office’’ means the 
United States Office of Hawaiian Relations estab-
lished by section 5(a). 
(12) 
QUALIFIED
NATIVE
HAWAIIAN
CON-
STITUENT.—For the purposes of establishing the 
roll authorized under section 8, and prior to the rec-
ognition by the United States of the Native Hawai-
ian governing entity, the term ‘‘qualified Native Ha-
waiian constituent’’ means an individual who the 
Commission determines has satisfied the following 
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criteria and who makes a written statement certi-
fying that he or she 
(A) is— 
(i) an individual who is 1 of the indig-
enous, native people of Hawaii and who is 
a direct lineal descendant of the aboriginal, 
indigenous, 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 sov-
ereignty in the Hawaiian archipelago, 
including the area that now con-
stitutes the State of Hawaii; or 
(ii) an individual who is 1 of the in-
digenous, native people of Hawaii and who 
was eligible in 1921 for the programs au-
thorized by the Hawaiian Homes Commis-
sion Act, 1920 (42 Stat. 108, chapter 42), 
or a direct lineal descendant of that indi-
vidual; 
(B) wishes to participate in the reorganiza-
tion of the Native Hawaiian governing entity; 
(C) is 18 years of age or older; 
(D) is a citizen of the United States; and 
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(E) maintains a significant cultural, social, 
or civic connection to the Native Hawaiian com-
munity, as evidenced by satisfying 2 or more of 
the following 10 criteria: 
(i) Resides in the State of Hawaii. 
(ii) Resides outside the State of Ha-
waii and— 
(I)(aa) currently serves or served 
as (or has a parent or spouse who 
currently serves or served as) a mem-
ber of the Armed Forces or as an em-
ployee of the Federal Government; 
and 
(bb) resided in the State of Ha-
waii prior to the time he or she (or 
such parent or spouse) left the State 
of Hawaii to serve as a member of the 
Armed Forces or as an employee of 
the Federal Government; or 
(II)(aa) currently is or was en-
rolled (or has a parent or spouse who 
currently is or was enrolled) in an ac-
credited institution of higher edu-
cation outside the State of Hawaii; 
and 
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(bb) resided in the State of Ha-
waii prior to the time he or she (or 
such parent or spouse) left the State 
of Hawaii to attend such institution. 
(iii)(I) Is or was eligible to be a bene-
ficiary of the programs authorized by the 
Hawaiian Homes Commission Act, 1920 
(42 Stat. 108, chapter 42), and resides or 
resided on land set aside as ‘‘Hawaiian 
home lands’’, as defined in such Act; or 
(II) Is a child or grandchild of an in-
dividual who is or was eligible to be a ben-
eficiary of the programs authorized by 
such Act and who resides or resided on 
land set aside as ‘‘Hawaiian home lands’’, 
as defined in such Act. 
(iv) Is or was eligible to be a bene-
ficiary of the programs authorized by the 
Hawaiian Homes Commission Act, 1920 
(42 Stat. 108, chapter 42). 
(v) Is a child or grandchild of an indi-
vidual who is or was eligible to be a bene-
ficiary of the programs authorized by the 
Hawaiian Homes Commission Act, 1920 
(42 Stat. 108, chapter 42). 
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(vi) Resides on or has an ownership 
interest in, or has a parent or grandparent 
who resides on or has an ownership inter-
est in, ‘‘kuleana land’’ that is owned in 
whole or in part by a person who, accord-
ing to a genealogy verification by the Of-
fice of Hawaiian Affairs or by court order, 
is a lineal descendant of the person or per-
sons who received the original title to such 
‘‘kuleana land’’, defined as lands granted 
to native tenants pursuant to Haw. L. 
1850, p. 202, entitled ‘‘An Act Confirming 
Certain Resolutions of the King and Privy 
Council Passed on the 21st day of Decem-
ber, A.D. 1849, Granting to the Common 
People Allodial Titles for Their Own Lands 
and House Lots, and Certain Other Privi-
leges’’, as amended by Haw. L. 1851, p. 
98, entitled ‘‘An Act to Amend An Act 
Granting to the Common People Allodial 
Titles for Their Own Lands and House 
Lots, and Certain Other Privileges’’ and as 
further amended by any subsequent legis-
lation. 
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(vii) Is, or is the child or grandchild 
of, an individual who has been or was a 
student for at least 1 school year at a 
school or program taught through the me-
dium of the hawaiian language under sec-
tion 302H–6, Hawaii Revised Statutes, or 
at a school founded and operated primarily 
or exclusively for the benefit of Native Ha-
waiians. 
(viii) Has been a member since Sep-
tember 30, 2009, of at least 1 Native Ha-
waiian membership organization. 
(ix) Has been a member since Sep-
tember 30, 2009, of at least 2 Native Ha-
waiian membership organizations. 
(x) Is regarded as Native Hawaiian 
and whose mother or father is (or if de-
ceased, was) regarded as Native Hawaiian 
by the Native Hawaiian community, as evi-
denced by sworn affidavits from two or 
more qualified Native Hawaiian constitu-
ents certified by the Commission as pos-
sessing expertise in the social, cultural, 
and civic affairs of the Native Hawaiian 
community. 
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(13) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(14) SPECIAL
POLITICAL
AND
LEGAL
RELA-
TIONSHIP.—The term ‘‘special political and legal re-
lationship’’ shall refer, except where differences are 
specifically indicated elsewhere in the Act, to the 
type of and nature of relationship the United States 
has with the several federally recognized Indian 
tribes. 
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)(A) Congress possesses and hereby exercises 
the authority under the Constitution, including but 
not limited to Article I, Section 8, Clause 3, to enact 
legislation to better the conditions of Native Hawai-
ians and has exercised this authority through the en-
actment of— 
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(i) the Hawaiian Homes Commission 
Act, 1920 (42 Stat. 108, chapter 42); 
(ii) the Act entitled ‘‘an Act to pro-
vide for the admission of the State of Ha-
waii into the Union’’, approved March 18, 
1959 (Public Law 86–3; 73 Stat. 4); and 
(iii) more than 150 other Federal laws 
addressing the conditions of Native Hawai-
ians; 
(B) other sources of authority under the 
Constitution for legislation on behalf of the in-
digenous, native peoples of the United States, 
including Native Hawaiians, include but are not 
limited to the Property, Treaty, and Supremacy 
Clauses, War Powers, and the Fourteenth 
Amendment, and Congress hereby relies on 
those powers in enacting this legislation; and 
(C) the Constitution’s original Apportion-
ment Clause and the 14th Amendment Citizen-
ship and amended Apportionment Clauses also 
acknowledge the propriety of legislation on be-
half of the native peoples of the United States, 
including Native Hawaiians; 
(4) Native Hawaiians have— 
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(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 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 OF HAWAIIAN RELATIONS. 
(a) ESTABLISHMENT.—There is established within 
the Office of the Secretary the United States Office of Ha-
waiian Relations. 
(b) DUTIES.—The Office shall— 
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(1) continue the process of reconciliation with 
the Native Hawaiian people in furtherance of the 
Apology Resolution; 
(2) upon the reaffirmation of the government- 
to-government relationship between the single Native 
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) provide timely notice to, and consult with, 
the Native Hawaiian governing entity before taking 
any actions that may have the potential to signifi-
cantly affect Native Hawaiian resources, rights, or 
lands; 
(4) work 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 Natural Resources of the House of Representa-
tives an annual report detailing the activities of the 
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Interagency Coordinating Group that are under-
taken with respect to the continuing process of rec-
onciliation and to effect meaningful consultation 
with the Native Hawaiian governing entity and may 
provide recommendations 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— 
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(3) ensure the participation of each Federal 
agency in the development of the report to Congress 
authorized in section 5(b)(5). 
(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. DESIGNATION OF DEPARTMENT OF JUSTICE REP-
RESENTATIVE. 
The Attorney General shall designate an appropriate 
official within the Department of Justice to assist the Of-
fice in the implementation and protection of the rights of 
Native Hawaiians and their political and legal relationship 
with the United States, and upon the recognition of the 
Native Hawaiian governing entity as provided for in sec-
tion 8, in the implementation and protection of the rights 
of the Native Hawaiian governing entity and its political 
and legal relationship with the United States. 
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SEC. 8. PROCESS FOR REORGANIZATION OF NATIVE HA-
WAIIAN GOVERNING ENTITY AND REAFFIR-
MATION OF SPECIAL POLITICAL AND LEGAL 
RELATIONSHIP BETWEEN UNITED STATES 
AND NATIVE HAWAIIAN GOVERNING ENTITY. 
(a) RECOGNITION OF NATIVE HAWAIIAN GOVERNING 
ENTITY.—The right of the qualified Native Hawaiian con-
stituents to reorganize the single Native Hawaiian gov-
erning entity to provide for their common welfare and to 
adopt appropriate organic governing documents is recog-
nized 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 
qualified Native Hawaiian constituents; and 
(B) certifying that the individuals on the 
roll of qualified Native Hawaiian constituents 
meet the definition of qualified Native Hawai-
ian constituent set forth in section 3. 
(2) MEMBERSHIP.— 
(A) APPOINTMENT.— 
(i) IN GENERAL.—Not later than 180 
days after the date of enactment of this 
Act, the Secretary shall appoint the mem-
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bers of the Commission in accordance with 
subparagraph (B). 
(ii) CONSIDERATION.—In making an 
appointment under clause (i), the Sec-
retary may take into consideration a rec-
ommendation made by any Native Hawai-
ian membership organization or other enti-
ty with expertise and experience in the de-
termination of Native Hawaiian ancestry 
and lineal descendancy. 
(B) REQUIREMENTS.—Each member of 
the Commission shall demonstrate, as deter-
mined by the Secretary— 
(i) not less than 10 years of experi-
ence in the study and determination of Na-
tive Hawaiian genealogy (traditional cul-
tural experience shall be given due consid-
eration); and 
(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 
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(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 quali-
fied Native Hawaiian constituents as set forth 
in subsection (c); and 
(B) certify that the individuals on the roll 
of qualified Native Hawaiian constituents meet 
the definition of that term as set forth in sec-
tion 3. 
(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.— 
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(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 
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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 REORGANIZATION OF NATIVE HA-
WAIIAN GOVERNING ENTITY.— 
(1) ROLL.— 
(A) CONTENTS.—The roll shall include the 
names of the qualified Native Hawaiian con-
stituents who are certified by the Commission 
to be qualified Native Hawaiian constituents, as 
defined in section 3. 
(B) FORMATION
OF
ROLL.—Each indi-
vidual claiming to be a qualified Native Hawai-
ian constituent shall submit to the Commission 
documentation in the form established by the 
Commission that is sufficient to enable the 
Commission to determine whether the individual 
meets the definition set forth in section 3; pro-
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vided that an individual presenting evidence 
that he or she satisfies the definition in Section 
2 of Public Law 103–150 shall be presumed to 
meet the requirement of section 3(12)(A)(i). 
(C) DOCUMENTATION.—The Commission 
shall— 
(i)(I) identify the types of documenta-
tion that may be submitted to the Commis-
sion that would enable the Commission to 
determine whether an individual meets the 
definition of qualified Native Hawaiian 
constituent set forth in section 3. 
(II) recognize an individual’s identi-
fication of lineal ancestors on the 1890 
Census by the Kingdom of Hawaii as a re-
liable indicia of lineal descent from the ab-
original, indigenous, native people who re-
sided in the islands that now comprise the 
State of Hawaii on or before January 1, 
1893; and 
(III) permit elderly Native Hawaiians 
and other qualified Native Hawaiian con-
stituents lacking birth certificates or other 
documentation due to birth on Hawaiian 
Home 
Lands 
or 
other 
similar 
cir-
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cumstances to establish lineal descent by 
sworn affidavits from 2 or more qualified 
Native Hawaiian constituents; 
(ii) establish a standard format for 
the submission of documentation and a 
process to ensure veracity; and 
(iii) publish information related to 
clauses (i) and (ii) in the Federal Register. 
(D) CONSULTATION.—In making deter-
minations that each individual proposed for in-
clusion on the roll of qualified Native Hawaiian 
constituents meets the definition of qualified 
Native Hawaiian constituent in section 3, the 
Commission may consult with bona fide Native 
Hawaiian membership organizations, agencies 
of the State of Hawaii, including but not lim-
ited 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 determina-
tion of Native Hawaiian ancestry and lineal 
descendancy. 
(E) 
NOTIFICATION.—The 
Commission 
shall— 
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(i) inform an individual whether they 
have been deemed by the Commission a 
qualified Native Hawaiian constituent; and 
(ii) inform an individual of a right to 
appeal the decision if deemed not to be a 
qualified Native Hawaiian constituent. 
(F) CERTIFICATION
AND
SUBMITTAL
OF 
ROLL
TO
SECRETARY.—The 
Commission 
shall— 
(i) submit the roll containing the 
names of those individuals who meet the 
definition of qualified Native Hawaiian 
constituent in section 3 to the Secretary 
within 2 years from the date on which the 
Commission is fully composed; and 
(ii) certify to the Secretary that each 
of the qualified Native Hawaiian constitu-
ents proposed for inclusion on the roll 
meets the definition set forth in section 3. 
(G) PUBLICATION.—Upon certification by 
the Commission to the Secretary that those list-
ed on the roll meet the definition of qualified 
Native Hawaiian constituent set forth in section 
3, the Commission shall publish the notice of 
the certification of the roll in the Federal Reg-
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ister, notwithstanding pending appeals pursuant 
to subparagraph (H). 
(H) APPEAL.—The Secretary, in consulta-
tion with the Commission, shall establish a 
mechanism for an administrative appeal for any 
person whose name is excluded from the roll 
who claims to meet the definition of qualified 
Native Hawaiian constituent in section 3. 
(I) PUBLICATION; UPDATE.—The Commis-
sion shall— 
(i) publish the notice of the certifi-
cation of the roll regardless of whether ap-
peals are pending; 
(ii) update the roll and provide notice 
of the updated roll on the final disposition 
of any appeal; 
(iii) update the roll to include any 
person who has been certified by the Com-
mission as meeting the definition of quali-
fied Native Hawaiian constituent in section 
3 after the initial publication of the roll or 
after any subsequent publications of the 
roll; and 
(iv) provide a copy of the roll and any 
updated rolls to the Council. 
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(J) EFFECT OF PUBLICATION.—The publi-
cation of the initial and updated roll shall serve 
as the basis for the eligibility of qualified Na-
tive Hawaiian constituents whose names are 
listed on those rolls to participate in the reorga-
nization of the Native Hawaiian governing enti-
ty. 
(2) ORGANIZATION OF COUNCIL.— 
(A) ORGANIZATION.—The Commission, in 
consultation with the Secretary, shall hold a 
minimum of 3 meetings, and each meeting shall 
be at least 2 working days, of the qualified Na-
tive Hawaiian constituents listed on the roll es-
tablished under this section— 
(i) to develop criteria for candidates 
to be elected to serve on the Council; 
(ii) to determine the structure of the 
Council, including the number of Council 
members; and 
(iii) to elect members from individuals 
listed on the roll established under this 
subsection to the Council. 
(B) POWERS.— 
(i) IN GENERAL.—The Council— 
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(I) shall represent those listed on 
the roll established 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 
shall conduct, among the qualified 
Native Hawaiian constituents listed 
on the roll established under this sub-
section, a referendum for the purpose 
of determining the proposed elements 
of the organic governing documents of 
the Native Hawaiian governing entity, 
including but not limited to 
(aa) the proposed criteria 
for future membership in the Na-
tive Hawaiian governing entity, 
provided that membership is vol-
untary and can be relinquished; 
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(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, including the 
rights protected under section 
202 of the Indian Civil Rights 
Act of 1968 (25 U.S.C. 1302); 
(dd) the protection and pres-
ervation of the rights vested on 
the date of enactment of this Act 
of those Native Hawaiians who 
are eligible to reside on the Ha-
waiian homelands under the au-
thority of the Hawaiian Homes 
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(bb) a brief impartial de-
scription of the proposed organic 
governing documents; 
(IV) ELECTIONS.— 
(aa) 
IN
GENERAL.—Not 
sooner than 180 days after the 
proposed organic governing docu-
ments are drafted and distrib-
uted, the Council, with the assist-
ance of the Secretary, shall hold 
elections for the purpose of rati-
fying the proposed organic gov-
erning documents. 
(bb) PURPOSE.—The Coun-
cil, with the assistance of the 
Secretary, shall hold the election 
for the purpose of ratifying the 
proposed organic governing docu-
ments 60 days after publishing 
notice of an election. 
(cc) OFFICERS.—On certifi-
cation of the organic governing 
documents by the Secretary in 
accordance with paragraph (4), 
the Council, with the assistance 
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of the Secretary, shall hold elec-
tions of the officers of the Native 
Hawaiian governing entity pursu-
ant 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 9(c)(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 180 days, which may be extended an addi-
tional 90 days if the Secretary deems necessary, 
after the date on which the Council submits the 
organic governing documents to the Secretary, 
the Secretary shall certify or decline to certify 
that the organic governing documents— 
(i) establish the criteria for member-
ship in the Native Hawaiian governing en-
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tity and provide that membership is vol-
untary and can be relinquished; 
(ii) were adopted by a majority vote of 
those qualified Native Hawaiian constitu-
ents whose names are listed on the roll 
published by the Secretary and who voted 
in the election; 
(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 inher-
ent and other appropriate governmental 
authorities by the Native Hawaiian gov-
erning entity; 
(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-
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waiian governing entity, including the 
rights protected under section 202 of the 
Indian Civil Rights Act of 1968 (25 U.S.C. 
1302); 
(vii) provide for the protection and 
preservation of the rights vested on the 
date of enactment of this Act of those Na-
tive Hawaiians who are eligible to reside 
on the Hawaiian homelands under the au-
thority of the Hawaiian Homes Commis-
sion Act, 1920 (42 Stat. 108, chapter 42); 
and 
(viii) are consistent with applicable 
Federal law. 
(B) RESUBMISSION
IN
CASE
OF
NON-
COMPLIANCE.— 
(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 this paragraph shall be 
deemed to have been made if the Secretary has 
not acted within 180 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 
Council, with the assistance of the Secretary, shall 
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hold elections of the officers of the Native Hawaiian 
governing entity. 
(6) PROVISION
OF
ROLL.—The Council shall 
provide a copy of the roll of qualified Native Hawai-
ian constituents to the governing body of the Native 
Hawaiian governing entity. 
(7) TERMINATION.—The Council shall cease to 
exist and shall have no power or authority under 
this Act after the officers of the governing body who 
are elected as provided in paragraph (5) are in-
stalled. 
(8) 
REAFFIRMATION.—Notwithstanding 
any 
other provision of law, the special political and legal 
relationship between the United States and the Na-
tive Hawaiian people is hereby reaffirmed and the 
United States extends Federal recognition to the 
Native Hawaiian governing entity as the representa-
tive sovereign governing body of the Native Hawai-
ian people after— 
(A) the approval of the organic governing 
documents by the Secretary under subpara-
graph (A) or (C) of paragraph (4); and 
(B) the officers of the Native Hawaiian 
governing entity elected under paragraph (5) 
have been installed. 
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SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AU-
THORITY TO STATE OF HAWAII; GOVERN-
MENTAL AUTHORITY AND POWER; NEGOTIA-
TIONS; 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) GOVERNMENTAL AUTHORITY AND POWER.— 
(1) IN GENERAL.—Consistent with the policies 
of the United States set forth in section 4(a)(4), the 
Native Hawaiian governing entity shall be vested 
with the inherent powers and privileges of self-gov-
ernment of a native government under existing law, 
except as set forth in this Act. Said powers and 
privileges may be modified by agreement between 
the Native Hawaiian governing entity, the United 
States, and the State of Hawaii pursuant to the ne-
gotiations authorized in subsection (c)(1), and sub-
ject to the enactment of implementing legislation 
and to the limit described by section 10(a). 
(2) MEMBERSHIP.—Once the United States ex-
tends Federal recognition to the Native Hawaiian 
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