IB
Union Calendar No. 80
107TH CONGRESS
1ST SESSION
H. R. 617
[Report No. 107–140]
To express the policy of the United States regarding the United States
relationship with Native Hawaiians, to provide a process for the reorga-
nization of a Native Hawaiian government and the recognition by the
United States of the Native Hawaiian government, and for other pur-
poses.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2001
Mr. ABERCROMBIE (for himself, Mrs. MINK of Hawaii, Mr. KILDEE, Mr.
FALEOMAVAEGA, Mr. YOUNG of Alaska, Mr. HANSEN, and Mr. RAHALL)
introduced the following bill; which was referred to the Committee on Re-
sources
JULY 16, 2001
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 14, 2001]
A BILL
To express the policy of the United States regarding the
United States relationship with Native Hawaiians, to
provide a process for the reorganization of a Native
Hawaiian government and the recognition by the United
States of the Native Hawaiian government, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress makes the following findings:
(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 which is now part of the
United States, are indigenous, native people of the
United States.
(3) The United States has a special trust rela-
tionship to promote the welfare of the native 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 a treaty between the United States and the
government that represented the Hawaiian people,
and from 1826 until 1893, the United States recog-
nized the independence of the Kingdom of Hawaii, ex-
tended full diplomatic recognition to the Hawaiian
Government, and entered into treaties and conven-
tions with the Hawaiian monarchs to govern com-
merce and navigation in 1826, 1842, 1849, 1875, and
1887.
(5) Pursuant to the provisions of the Hawaiian
Homes Commission Act, 1920 (42 Stat. 108, chapter
42), the United States set aside 203,500 acres of land
in the Federal territory that later became the State of
Hawaii to address the conditions of Native Hawai-
ians.
(6) By setting aside 203,500 acres of land for
Native Hawaiian homesteads and farms, the Act as-
sists the Native Hawaiian community in maintain-
ing distinct native settlements throughout the State of
Hawaii.
(7) Approximately 6,800 Native Hawaiian les-
sees and their family members reside on Hawaiian
Home Lands and approximately 18,000 Native Ha-
waiians who are eligible to reside on the Home Lands
are on a waiting list to receive assignments of land.
(8) In 1959, as part of the compact admitting
Hawaii into the United States, Congress established
the Ceded Lands Trust for 5 purposes, 1 of which is
the betterment of the conditions of Native Hawaiians.
Such trust consists of approximately 1,800,000 acres
of land, submerged lands, and the revenues derived
from such lands, the assets of which have never been
completely inventoried or segregated.
(9) Throughout the years, Native Hawaiians
have repeatedly sought access to the Ceded Lands
Trust and its resources and revenues in order to es-
tablish and maintain native settlements and distinct
native communities throughout the State.
(10) The Hawaiian Home Lands and the Ceded
Lands provide an important foundation for the abil-
ity of the Native Hawaiian community to maintain
the practice of Native Hawaiian culture, language,
and traditions, and for the survival of the Native Ha-
waiian people.
(11) Native Hawaiians have maintained other
distinctly native areas in Hawaii.
(12) On November 23, 1993, Public Law 103–
150 (107 Stat. 1510) (commonly known as the Apol-
ogy Resolution) was enacted into law, extending 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
with the active participation of agents and citizens of
the United States and further acknowledges that the
Native Hawaiian people never directly relinquished
their claims to their inherent sovereignty as a people
over their national lands to the United States, either
through their monarchy or through a plebiscite or ref-
erendum.
(14) The Apology Resolution expresses the com-
mitment of Congress and the President to acknowledge
the ramifications of the overthrow of the Kingdom of
Hawaii and to support reconciliation efforts between
the United States and Native Hawaiians; and to have
Congress and the President, through the President’s
designated officials, consult with Native Hawaiians
on the reconciliation process as called for under the
Apology Resolution.
(15) Despite the overthrow of the Hawaiian Gov-
ernment, Native Hawaiians have continued to main-
tain their separate identity as a distinct native com-
munity through the formation of cultural, social, and
political institutions, and to give expression to their
rights as native people to self-determination and self-
governance as evidenced through their participation
in the Office of Hawaiian Affairs.
(16) Native Hawaiians also give expression to
their rights as native people to self-determination and
self-governance through the provision of governmental
services to Native Hawaiians, including the provision
of health care services, educational programs, employ-
ment and training programs, children’s services, con-
servation programs, fish and wildlife protection, agri-
cultural programs, native language immersion pro-
grams and native language immersion schools from
kindergarten through high school, as well as college
and master’s degree programs in native language im-
mersion instruction, and traditional justice programs,
and by continuing their efforts to enhance Native Ha-
waiian 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 tra-
ditional rights to gather medicinal plants and herbs,
and food sources.
(18) The Native Hawaiian people wish to pre-
serve, develop, and transmit to future Native Hawai-
ian generations their ancestral lands and Native Ha-
waiian political and cultural identity in accordance
with their traditions, beliefs, customs and practices,
language, and social and political institutions, and to
achieve greater self-determination over their own af-
fairs.
(19) This Act provides for a process within the
framework of Federal law for the Native Hawaiian
people to exercise their inherent rights as a distinct
aboriginal, indigenous, native community to reorga-
nize a Native Hawaiian governing entity for the pur-
pose of giving expression to their rights as native peo-
ple to self-determination and self-governance.
(20) The United States has declared that—
(A) the United States has a special respon-
sibility for the welfare of the native peoples of the
United States, including Native Hawaiians;
(B) Congress has identified Native Hawai-
ians as a distinct indigenous group within the
scope of its Indian affairs power, and has en-
acted dozens of statutes on their behalf pursuant
to its recognized trust responsibility; and
(C) Congress has also delegated broad au-
thority to administer a portion of the Federal
trust responsibility to the State of Hawaii.
(21) The United States has recognized and re-
affirmed the special trust relationship with the Native
Hawaiian people through the enactment of the Act en-
titled ‘‘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
States, and mandating that those lands be held
in public trust for 5 purposes, one of which is for
the betterment of the conditions of Native Ha-
waiians; and
(B) transferring the United States responsi-
bility for the administration of the Hawaiian
Home Lands to the State of Hawaii, but retain-
ing the authority to enforce the trust, including
the exclusive right of the United States to consent
to any actions affecting the lands which com-
prise the corpus of the trust and any amend-
ments to the Hawaiian Homes Commission Act,
1920 (42 Stat. 108, chapter 42) that are enacted
by the legislature of the State of Hawaii affect-
ing the beneficiaries under the Act.
(22) The United States continually has recog-
nized and reaffirmed that—
(A) Native Hawaiians have a cultural, his-
toric, and land-based link to the aboriginal, na-
tive people who exercised sovereignty 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 status
as the aboriginal, native people of a once sov-
ereign nation with whom the United States has
a political and legal relationship; and
(D) the special trust relationship of Amer-
ican Indians, Alaska Natives, and Native Ha-
waiians to the United States arises out of their
status as aboriginal, indigenous, native people of
the United States.
SEC. 2. DEFINITIONS.
In this Act:
(1) ABORIGINAL, 
INDIGENOUS, 
NATIVE
PEO-
PLE.—The term ‘‘aboriginal, indigenous, native peo-
ple’’ means those people whom Congress has recog-
nized as the original inhabitants of the lands and
who exercised sovereignty prior to European contact
in the areas that later became part of the United
States.
(2) APOLOGY RESOLUTION.—The term ‘‘Apology
Resolution’’ means Public Law 103–150 (107 Stat.
1510), a joint resolution extending an apology to Na-
tive 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 Ha-
waii.
(3) CEDED
LANDS.—The term ‘‘ceded lands’’
means those lands which were ceded to the United
States by the Republic of Hawaii under the Joint
Resolution to provide for annexing the Hawaiian Is-
lands to the United States of July 7, 1898 (30 Stat.
750), and which were later transferred to the State of
Hawaii in the Act entitled ‘‘An Act to provide for the
admission of the State of Hawaii into the Union’’ ap-
proved 
March 
18, 
1959 
(Public 
Law 
86–3;
73 Stat. 4).
(4) INDIGENOUS, NATIVE
PEOPLE.—The term
‘‘indigenous, native people’’ means the lineal descend-
ants of the aboriginal, indigenous, native people of the
United States.
(5) INTERAGENCY
COORDINATING
GROUP.—The
term ‘‘Interagency Coordinating Group’’ means the
Native Hawaiian Interagency Coordinating Group
established under section 5.
(6) NATIVE HAWAIIAN.—
(A) Prior to the recognition by the United
States of the Native Hawaiian governing entity,
the term ‘‘Native Hawaiian’’ means the indige-
nous, native people of Hawaii who are the direct
lineal descendants of the aboriginal, indigenous,
native people who resided in the islands that
now comprise the State of Hawaii on or before
January 1, 1893, and who occupied and exer-
cised sovereignty in the Hawaiian archipelago,
including the area that now constitutes the State
of Hawaii, and includes all Native Hawaiians
who were eligible in 1921 for the programs au-
thorized by the Hawaiian Homes Commission
Act (42 Stat. 108, chapter 42) and their lineal
descendants.
(B) Following the recognition by the United
States of the Native Hawaiian governing entity,
the term ‘‘Native Hawaiian’’ shall have the
meaning given to such term in the organic gov-
erning documents of the Native Hawaiian gov-
erning entity.
(7) NATIVE HAWAIIAN GOVERNING ENTITY.—The
term ‘‘Native Hawaiian governing entity’’ means the
governing entity organized by the Native Hawaiian
people.
(8) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 3. 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 political and legal relationship;
(2) the United States has a special trust rela-
tionship to promote the welfare of Native Hawaiians;
(3) Congress possesses the authority under the
Constitution to enact legislation to address the condi-
tions of Native Hawaiians and has exercised this au-
thority 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; and
(C) the right to reorganize a Native Hawai-
ian governing entity; and
(5) the United States shall continue to engage in
a process of reconciliation and political relations with
the Native Hawaiian people.
(b) PURPOSE.—It is the intent of Congress that the
purpose of this Act is to provide a process for the recogni-
tion by the United States of a Native Hawaiian governing
entity for purposes of continuing a government-to-govern-
ment relationship.
SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE
FOR NATIVE HAWAIIAN RELATIONS.
(a) IN GENERAL.—There is established within the Of-
fice of the Secretary the United States Office for Native Ha-
waiian Relations.
(b) DUTIES OF THE OFFICE.—The United States Of-
fice for Native Hawaiian Relations shall—
(1) effectuate and coordinate the trust relation-
ship between the Native Hawaiian people and the
United States, and upon the recognition of the Native
Hawaiian governing entity by the United States, be-
tween the Native Hawaiian governing entity and the
United States through the Secretary, and with all
other Federal agencies;
(2) continue the process of reconciliation with
the Native Hawaiian people, and upon the recogni-
tion of the Native Hawaiian governing entity by the
United States, continue the process of reconciliation
with the Native Hawaiian governing entity;
(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 prior to 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 with relevant
agencies of the State of Hawaii on policies, practices,
and proposed actions affecting Native Hawaiian re-
sources, rights, or lands; and
(5) prepare and submit to the Committee on In-
dian Affairs and the Committee on Energy and Nat-
ural Resources of the Senate, and the Committee on
Resources of the House of Representatives an annual
report detailing the activities of the Interagency Co-
ordinating Group that are undertaken with respect to
the continuing process of reconciliation and to effect
meaningful consultation with the Native Hawaiian
governing entity and providing recommendations for
any necessary changes to existing Federal statutes or
regulations promulgated under the authority of Fed-
eral law.
SEC. 5. NATIVE HAWAIIAN INTERAGENCY COORDINATING
GROUP.
(a) ESTABLISHMENT.—In recognition of the fact 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 established 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 Native
Hawaiian programs, establishes or implements poli-
cies that affect Native Hawaiians, or whose actions
may significantly or uniquely impact on Native Ha-
waiian resources, rights, or lands; and
(2) the United States Office for Native Hawaiian
Relations established under section 4.
(c) LEAD AGENCY.—The Department of the Interior
shall serve as the lead agency of the Interagency Coordi-
nating Group, and meetings of the Interagency Coordi-
nating Group shall be convened by the lead agency.
(d) DUTIES.—The responsibilities of the Interagency
Coordinating Group shall be—
(1) the coordination of Federal programs and
policies that affect Native Hawaiians or actions by
any agency or agencies of the Federal Government
which may significantly or uniquely impact on Na-
tive Hawaiian resources, rights, or lands;
(2) to assure that each Federal agency develops
a policy on consultation with the Native Hawaiian
people, and upon recognition of the Native Hawaiian
governing entity by the United States, consultation
with the Native Hawaiian governing entity; and
(3) to assure the participation of each Federal
agency in the development of the report to Congress
authorized in section 4(b)(5).
SEC. 6. PROCESS FOR THE RECOGNITION OF THE NATIVE
HAWAIIAN GOVERNING ENTITY.
(a) RECOGNITION OF THE NATIVE HAWAIIAN GOV-
ERNING ENTITY.—The right of the Native Hawaiian people
to organize for their common welfare and to adopt appro-
priate organic governing documents is hereby recognized by
the United States.
(b) PROCESS FOR RECOGNITION.—
(1) SUBMITTAL OF ORGANIC GOVERNING DOCU-
MENTS.—Following the organization of the Native
Hawaiian governing entity, the adoption of organic
governing documents, and the election of officers of
the Native Hawaiian governing entity, the duly elect-
ed officers of the Native Hawaiian governing entity
shall submit the organic governing documents of the
Native Hawaiian governing entity to the Secretary.
(2) CERTIFICATIONS.—
(A) IN GENERAL.—Within 90 days of the
date that the duly elected officers of the Native
Hawaiian governing entity submit the organic
governing documents to the Secretary, the Sec-
retary shall certify that the organic governing
documents—
(i) establish the criteria for citizenship
in the Native Hawaiian governing entity;
(ii) were adopted by a majority vote of
the citizens of the Native Hawaiian gov-
erning entity;
(iii) provide for the exercise of govern-
mental authorities by the Native Hawaiian
governing entity;
(iv) provide for the Native Hawaiian
governing entity to negotiate with Federal,
State, and local governments, and other en-
tities;
(v) prevent the sale, disposition, lease,
or encumbrance of lands, interests in lands,
or other assets of the Native Hawaiian gov-
erning entity without the consent of the Na-
tive Hawaiian governing entity;
(vi) provide for the protection of the
civil rights of the citizens of the Native Ha-
waiian governing entity and all persons
subject to the authority of the Native Ha-
waiian governing entity, and ensure that
the Native Hawaiian governing entity exer-
cises its authority consistent with the re-
quirements of section 202 of the Act of April
11, 1968 (25 U.S.C. 1302); and
(vii) are consistent with applicable
Federal law and the special trust relation-
ship between the United States and the in-
digenous native people of the United States.
(B) BY THE SECRETARY.—Within 90 days
of the date that the duly elected officers of the
Native Hawaiian governing entity submit the
organic governing documents to the Secretary,
the Secretary shall certify that the State of Ha-
waii supports the recognition of the Native Ha-
waiian governing entity by the United States as
evidenced by a resolution or act of the Hawaii
State legislature.
(C) RESUBMISSION IN CASE OF NONCOMPLI-
ANCE.—
(i) 
RESUBMISSION
BY
THE
SEC-
RETARY.—If the Secretary determines that
the organic governing documents do not ad-
dress the criteria described in subparagraph
(A) or that the organic governing docu-
ments, or any part thereof, are not con-
sistent with other applicable Federal law,
the Secretary shall resubmit the organic
governing documents to the duly elected offi-
cers of the Native Hawaiian governing enti-
ty along with a justification for each of the
Secretary’s findings as to why the provi-
sions are not consistent with such law.
(ii) AMENDMENT
AND
RESUBMISSION
BY THE NATIVE HAWAIIAN GOVERNING ENTI-
TY.—If the organic governing documents
are resubmitted to the duly elected officers
of the Native Hawaiian governing entity by
the Secretary under clause (i), the duly
elected officers of the Native Hawaiian gov-
erning entity shall—
(I) amend the organic governing
documents to ensure that the docu-
ments comply with applicable Federal
law and address the criteria described
in subparagraph (A); and
(II) resubmit the amended organic
governing documents to the Secretary
for certification in accordance with the
requirements of this paragraph.
(D) CERTIFICATIONS DEEMED MADE.—The
certifications authorized in subparagraph (A)
shall be deemed to have been made if the Sec-
retary has not acted within 90 days of the date
that the duly elected officers of the Native Ha-
waiian governing entity have submitted the or-
ganic governing documents of the Native Hawai-
ian governing entity to the Secretary.
(3) FEDERAL
RECOGNITION.—Notwithstanding
any other provision of law, upon the election of the
officers of the Native Hawaiian governing entity and
the certifications by the Secretary required under
paragraph (2), the United States hereby extends Fed-
eral recognition to the Native Hawaiian governing
entity as the representative governing body of the Na-
tive Hawaiian people.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
may be necessary to carry out the activities authorized in
this Act.
SEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL
AUTHORITY; NEGOTIATIONS.
(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 admis-
sion of the State of Hawaii into the Union’’ approved
March 18, 1959 (Public Law 86–3; 73 Stat. 5) is hereby
reaffirmed.
(b) NEGOTIATIONS.—Upon the Federal recognition of
the Native Hawaiian governing entity by the United States,
the United States is authorized to negotiate and enter into
an agreement with the State of Hawaii and the Native Ha-
waiian governing entity regarding the transfer of lands, re-
sources, and assets dedicated to Native Hawaiian use to the
Native Hawaiian governing entity. Nothing in this Act is
intended to serve as a settlement of any claims against the
United States.
SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS.
(a) INDIAN GAMING REGULATORY ACT.—Nothing con-
tained in this Act shall be construed as an authorization
for the Native Hawaiian governing entity to conduct gam-
ing activities under the authority of the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.).
(b) BUREAU OF INDIAN AFFAIRS.—Nothing contained
in this Act shall be construed as an authorization for eligi-
bility to participate in any programs and services provided
by the Bureau of Indian Affairs for any persons not other-
wise eligible for such programs or services.
SEC. 10. SEVERABILITY.
In the event that any section or provision of this Act
is held invalid, it is the intent of Congress that the remain-
ing sections or provisions of this Act shall continue in full
force and effect.
Union Calendar No. 80
107TH CONGRESS
1ST SESSION
H. R. 617
[Report No. 107–140]
A BILL
To express the policy of the United States regard-
ing the United States relationship with Native
Hawaiians, to provide a process for the reorga-
nization of a Native Hawaiian government and
the recognition by the United States of the Na-
tive Hawaiian government, and for other pur-
poses.
JULY 16, 2001
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed