I 
111TH CONGRESS 
1ST SESSION H. R. 2314 
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. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 7, 2009 
Mr. ABERCROMBIE (for himself and Ms. HIRONO) introduced the following 
bill; which was referred to the Committee on Natural 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. 
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 2009’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
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(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 relationship 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; 
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(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; 
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(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 
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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; 
(14) the Apology Resolution expresses the com-
mitment of Congress and the President— 
(A) to acknowledge the ramifications of the 
overthrow of the Kingdom of Hawaii; 
(B) to support reconciliation efforts be-
tween the United States and Native Hawaiians; 
and 
(C) to consult with Native Hawaiians on 
the reconciliation process as called for in the 
Apology Resolution; 
(15) despite the overthrow of the Government 
of the Kingdom of Hawaii, Native Hawaiians have 
continued to maintain their separate identity as a 
single distinct native community through cultural, 
social, and political institutions, and to give expres-
sion to their rights as native people to self-deter-
mination, self-governance, and economic self-suffi-
ciency; 
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(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; and 
(xii) traditional justice programs; and 
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(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 single 
Native Hawaiian governing entity for the purpose of 
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giving expression to their rights as native people to 
self-determination and self-governance; 
(20) 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 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 
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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; 
(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-
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tus as the indigenous, native people of a once- 
sovereign nation 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 
(23) 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 reso-
lutions 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 people whom Congress has recognized as 
the original inhabitants of the lands that later be-
came part of the United States and who exercised 
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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 paragraph (10). 
(5) COUNCIL.—The term ‘‘council’’ means the 
Native Hawaiian Interim Governing Council estab-
lished under section 7(c)(2). 
(6) INDIAN PROGRAM OR SERVICE.— 
(A) IN GENERAL.—The term ‘‘Indian pro-
gram or service’’ means any federally funded or 
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authorized program or service provided to an 
Indian tribe (or member of an Indian tribe) be-
cause of the status of the members of the In-
dian tribe as Indians. 
(B) INCLUSIONS.—The term ‘‘Indian pro-
gram or service’’ includes a program or service 
provided by the Bureau of Indian Affairs, the 
Indian Health Service, or any other Federal 
agency. 
(7) 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). 
(8) INDIGENOUS, NATIVE PEOPLE.—The term 
‘‘indigenous, native people’’ means the lineal de-
scendants of the aboriginal, indigenous, native peo-
ple of the United States. 
(9) INTERAGENCY COORDINATING GROUP.—The 
term ‘‘Interagency Coordinating Group’’ means the 
Native Hawaiian Interagency Coordinating Group 
established under section 6. 
(10) NATIVE HAWAIIAN.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), for the purpose of establishing the 
roll authorized under section 7(c)(1) and before 
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the reaffirmation of the special political and 
legal relationship between the United States 
and the Native Hawaiian governing entity, the 
term ‘‘Native Hawaiian’’ means— 
(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 (42 Stat. 108, chapter 42) or a 
direct lineal descendant of that individual. 
(B) NO
EFFECT
ON
OTHER
DEFINI-
TIONS.—Nothing in this paragraph affects the 
definition of the term ‘‘Native Hawaiian’’ under 
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any other Federal or State law (including a reg-
ulation). 
(11) NATIVE HAWAIIAN GOVERNING ENTITY.— 
The term ‘‘Native Hawaiian Governing Entity’’ 
means the governing entity organized by the Native 
Hawaiian people pursuant to this Act. 
(12) NATIVE
HAWAIIAN
PROGRAM
OR
SERV-
ICE.—The term ‘‘Native Hawaiian program or serv-
ice’’ means any program or service provided to Na-
tive Hawaiians because of their status as Native Ha-
waiians. 
(13) OFFICE.—The term ‘‘Office’’ means the 
United States Office for Native Hawaiian Relations 
established by section 5(a). 
(14) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(15) 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— 
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(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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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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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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tion of the single 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(10). 
(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-
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 organization. 
(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; and 
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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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(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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(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 2 years from the date 
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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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(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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(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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