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 
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; 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
(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-
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: 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
(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 
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). 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
(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 
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 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
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 
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-
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
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 
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 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
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) 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; 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
(4) Native Hawaiians have— 
(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 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— 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
(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 
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 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
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 
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’’. 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
(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-
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-
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
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). 
(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.— 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
(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 
(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-
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
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 
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 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
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 
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. 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
(c) PROCESS FOR THE REORGANIZATION OF THE NA-
TIVE HAWAIIAN GOVERNING ENTITY.— 
(1) ROLL.— 
(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 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
definition of Native Hawaiian in section 
3(10); 
(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-
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
tion of Native Hawaiian in section 3(10) to 
the Secretary within two years from the 
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; 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
(ii) update the roll and the publication 
of the roll on the final disposition of any 
appeal; and 
(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. 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
(2) ORGANIZATION OF THE NATIVE HAWAIIAN 
INTERIM GOVERNING COUNCIL.— 
(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). 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
(iii) ACTIVITIES.— 
(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-
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
sons affected by the exercise of 
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 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
ratifying the proposed organic gov-
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— 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
(i) establish the criteria for citizenship 
in the Native Hawaiian governing entity; 
(ii) were adopted by a majority vote of 
the adult members of the Native Hawaiian 
community whose names are listed on the 
roll published by the Secretary; 
(iii) provide authority for the Native 
Hawaiian governing entity to negotiate 
with Federal, State, and local govern-
ments, and other entities; 
(iv) provide for the exercise of govern-
mental authorities by the Native Hawaiian 
governing entity, including any authorities 
that may be delegated to the Native Ha-
waiian governing entity by the United 
States and the State of Hawaii following 
negotiations authorized in section 8(b)(1) 
and the enactment of legislation to imple-
ment the agreements of the 3 governments; 
(v) prevent the sale, disposition, lease, 
or encumbrance of lands, interests in 
lands, or other assets of the Native Hawai-
ian governing entity without the consent of 
the Native Hawaiian governing entity; 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
(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 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
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 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
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 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
types of claims brought by or on behalf of Na-
tive Hawaiians or the Native Hawaiian gov-
erning entity for equitable, monetary, or Ad-
ministrative Procedure Act-based relief against 
the United States or the State of Hawaii, 
whether or not such claims specifically assert 
an alleged breach of trust, call for an account-
ing, seek declaratory relief, or seek the recovery 
of or compensation for lands once held by Na-
tive Hawaiians. 
(B) ESTABLISHMENT AND RETENTION OF 
SOVEREIGN IMMUNITY.—To effectuate the ends 
expressed in section 8(c)(1) and 8(c)(2)(A), and 
notwithstanding any other provision of Federal 
law, the United States retains its sovereign im-
munity to any claim that existed prior to the 
enactment of this Act (including, but not lim-
ited to, any claim based in whole or in part on 
past events), and which could be brought by 
Native Hawaiians or any Native Hawaiian gov-
erning entity. Nor shall any preexisting waiver 
of sovereign immunity (including, but not lim-
ited to, waivers set forth in chapter 7 of part 
I of title 5, United States Code, and sections 
1505 and 2409a of title 28, United States 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
Code) be applicable to any such claims. This 
complete retention or reclaiming of sovereign 
immunity also applies to every claim that might 
attempt to rely on this Act for support, without 
regard to the source of law under which any 
such claim might be asserted. 
(C) EFFECT.—It is the general effect of 
section 8(c)(2)(B) that any claims that may al-
ready have accrued and might be brought 
against the United States, including any claims 
of the types specifically referred to in section 
8(c)(2)(A), along with both claims of a similar 
nature and claims arising out of the same nu-
cleus of operative facts as could give rise to 
claims of the specific types referred to in sec-
tion 8(c)(2)(A), be rendered nonjusticiable in 
suits brought by plaintiffs other than the Fed-
eral Government. 
(3) STATE SOVEREIGNTY IMMUNITY.— 
(A) Notwithstanding any other provision of 
Federal law, the State retains its sovereign im-
munity, unless waived in accord with State law, 
to any claim, established under any source of 
law, regarding Native Hawaiians, that existed 
prior to the enactment of this Act. 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
(B) Nothing in this Act shall be construed 
to constitute an override pursuant to section 5 
of the Fourteenth Amendment of State sov-
ereign immunity held under the Eleventh 
Amendment. 
SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS. 
(a) INDIAN GAMING REGULATORY ACT.— 
(1) The Native Hawaiian governing entity and 
Native Hawaiians may not conduct gaming activities 
as a matter of claimed inherent authority or under 
the authority of any Federal law, including the In-
dian Gaming Regulatory Act (25 U.S.C. 2701 et 
seq.) or under any regulations thereunder promul-
gated by the Secretary or the National Indian Gam-
ing Commission. 
(2) The foregoing prohibition in section 9(a)(1) 
on the use of Indian Gaming Regulatory Act and in-
herent authority to game apply regardless of wheth-
er gaming by Native Hawaiians or the Native Ha-
waiian governing entity would be located on land 
within the State of Hawaii or within any other State 
or Territory of the United States. 
(b) TAKING LAND INTO TRUST.—Notwithstanding 
any other provision of law, including but not limited to 
part 151 of title 25, Code of Federal Regulations, the Sec-
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
retary shall not take land into trust on behalf of individ-
uals or groups claiming to be Native Hawaiian or on be-
half of the native Hawaiian governing entity. 
(c) REAL
PROPERTY
TRANSFERS.—The Indian 
Trade and Intercourse Act (25 U.S.C. 177), does not, has 
never, and will not apply after enactment to lands or lands 
transfers present, past, or future, in the State of Hawaii. 
If despite the expression of this intent herein, a court were 
to construe the Trade and Intercourse Act to apply to 
lands or land transfers in Hawaii before the date of enact-
ment of this Act, then any transfer of land or natural re-
sources located within the State of Hawaii prior to the 
date of enactment of this Act, by or on behalf of the Na-
tive Hawaiian people, or individual Native Hawaiians, 
shall be deemed to have been made in accordance with 
the Indian Trade and Intercourse Act and any other provi-
sion of Federal law that specifically applies to transfers 
of land or natural resources from, by, or on behalf of an 
Indian tribe, Native Hawaiians, or Native Hawaiian enti-
ties. 
(d) SINGLE GOVERNING ENTITY.—This Act will re-
sult in the recognition of the single Native Hawaiian gov-
erning entity. Additional Native Hawaiian groups shall not 
be eligible for acknowledgment pursuant to the Federal 
Acknowledgment Process set forth in part 83 of title 25 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
of the Code of Federal Regulations or any other adminis-
trative acknowledgment or recognition process. 
(e) JURISDICTION.—Nothing in this Act alters the 
civil or criminal jurisdiction of the United States or the 
State of Hawaii over lands and persons within the State 
of Hawaii. The status quo of Federal and State jurisdic-
tion can change only as a result of further legislation, if 
any, enacted after the conclusion, in relevant part, of the 
negotiation process established in section 8(b). 
(f) INDIAN PROGRAMS
AND SERVICES.—Notwith-
standing section 7(c)(6), because of the eligibility of the 
Native Hawaiian governing entity and its citizens for Na-
tive Hawaiian programs and services in accordance with 
subsection (g), nothing in this Act provides an authoriza-
tion for eligibility to participate in any Indian program 
or service to any individual or entity not otherwise eligible 
for the program or service under applicable Federal law. 
(g) NATIVE HAWAIIAN PROGRAMS AND SERVICES.— 
The Native Hawaiian governing entity and its citizens 
shall be eligible for Native Hawaiian programs and serv-
ices to the extent and in the manner provided by other 
applicable laws. 
VerDate Aug 31 2005 
22:55 Oct 18, 2007
Jkt 069200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
SEC. 10. SEVERABILITY. 
If any section or provision of this Act is held invalid, 
it is the intent of Congress that the remaining sections 
or provisions shall continue in full force and effect. 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to carry out this Act. 
VerDate Aug 31 2005 
23:59 Oct 18, 2007
Jkt 059200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS
Union Calendar No. 243 
110TH CONGRESS 
1ST SESSION 
H. R. 505 
[Report No. 110–389] 
A BILL 
To express the policy of the United States regard-
ing the United States relationship with Native 
Hawaiians and to provide a process for the rec-
ognition by the United States of the Native Ha-
waiian governing entity. 
OCTOBER 18, 2007 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Aug 31 2005 
23:59 Oct 18, 2007
Jkt 059200
PO 00000
Frm 00046
Fmt 6651
Sfmt 6651
E:\BILLS\H505.RH
H505
hmoore on PRODPC68 with HMBILLS