I 
111TH CONGRESS 
1ST SESSION 
H. R. 862 
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 4, 2009 
Mr. ABERCROMBIE
(for himself, Ms. HIRONO, Ms. BORDALLO, Mr. 
FALEOMAVAEGA, Mr. COLE, Mr. MORAN of Virginia, Mr. YOUNG of Alas-
ka, and Mr. KILDEE) introduced the following bill; which was referred 
to the Committee on Natural Resources, and in addition to the Com-
mittee on the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
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, 
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SECTION 1. FINDINGS. 
Congress makes the following findings: 
(1) The Constitution vests Congress with the 
authority to address the conditions of the indige-
nous, 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 Ha-
waiian people, and from 1826 until 1893, the United 
States recognized the independence of the Kingdom 
of Hawaii, extended full diplomatic recognition to 
the Hawaiian government, and entered into treaties 
and conventions with the Hawaiian monarchs to gov-
ern commerce and navigation in 1826, 1842, 1849, 
1875, and 1887. 
(5) Pursuant to the provisions of the Hawaiian 
Homes Commission Act, 1920 (42 Stat. 108, chap-
ter 42), the United States set aside 203,500 acres 
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of land in the Federal territory that later became 
the State of Hawaii to address the conditions of Na-
tive Hawaiians. 
(6) By setting aside 203,500 acres of land for 
Native Hawaiian homesteads and farms, the Act as-
sists the Native Hawaiian community in maintaining 
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, one of which 
is the betterment of the conditions of Native Hawai-
ians. Such trust consists of approximately 1,800,000 
acres of land, submerged lands, and the revenues de-
rived 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-
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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 
Hawaiian 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 relin-
quished 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 referendum. 
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(14) The Apology Resolution expresses the com-
mitment of Congress and the President to acknowl-
edge the ramifications of the overthrow of the King-
dom 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 
government, Native Hawaiians have continued to 
maintain their separate identity as a distinct native 
community 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 par-
ticipation in the Office of Hawaiian Affairs. 
(16) Native Hawaiians also maintain a distinct 
Native Hawaiian community through the provision 
of governmental services to Native Hawaiians, in-
cluding the provision of health care services, edu-
cational programs, employment and training pro-
grams, children’s services, conservation programs, 
fish and wildlife protection, agricultural programs, 
native language immersion programs and native lan-
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guage immersion schools from kindergarten through 
high school, as well as college and master’s degree 
programs in native language immersion instruction, 
and traditional justice programs, and by continuing 
their efforts to enhance Native Hawaiian self-deter-
mination 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 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-
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nize a Native Hawaiian government for the purpose 
of giving expression to their rights as native people 
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 pursu-
ant 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 Na-
tive Hawaiian people through— 
(A) the enactment 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— 
(i) ceding to the State of Hawaii title 
to the public lands formerly held by the 
United States, and mandating that those 
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lands be held in public trust for 5 pur-
poses, one of which is for the betterment 
of the conditions of Native Hawaiians; and 
(ii) transferring the United States re-
sponsibility for the administration of the 
Hawaiian Home Lands to the State of Ha-
waii, but retaining the authority to enforce 
the trust, including the exclusive right of 
the United States to consent to any actions 
affecting the lands which comprise the cor-
pus of 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 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; 
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(C) the United States extends services to 
Native Hawaiians because of their unique sta-
tus as the aboriginal, native people of a once 
sovereign 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) ADULT MEMBERS.—The term ‘‘adult mem-
bers’’ means those Native Hawaiians who have at-
tained the age of 18 at the time the Secretary pub-
lishes the final roll, as provided in section 7(a)(3) of 
this Act. 
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(3) APOLOGY RESOLUTION.—The term ‘‘Apol-
ogy Resolution’’ means Public Law 103–150 (107 
Stat. 1510), a joint resolution offering an apology 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) 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’’ approved March 18, 1959 (Public Law 86– 
3; 73 Stat. 4). 
(5) COMMISSION.—The term ‘‘Commission’’ 
means the commission established in section 7 of 
this Act to certify that the adult members of the Na-
tive Hawaiian community contained on the roll de-
veloped under that section meet the definition of Na-
tive Hawaiian, as defined in paragraph (7)(A). 
(6) INDIGENOUS, NATIVE PEOPLE.—The term 
‘‘indigenous, native people’’ means the lineal de-
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scendants of the aboriginal, indigenous, native peo-
ple of the United States. 
(7) NATIVE HAWAIIAN.— 
(A) Prior to the recognition by the United 
States of a Native Hawaiian government under 
the authority of section 7(d)(2) of this Act, the 
term ‘‘Native Hawaiian’’ means the indigenous, 
native people of Hawaii who are the lineal de-
scendants of the aboriginal, indigenous, native 
people who resided in the islands that now com-
prise the State of Hawaii on or before January 
1, 1893, and who occupied and exercised sov-
ereignty in the Hawaiian archipelago, including 
the area that now constitutes the State of Ha-
waii, and includes all Native Hawaiians who 
were eligible in 1921 for the programs author-
ized by the Hawaiian Homes Commission Act 
(42 Stat. 108, chapter 42) and their lineal de-
scendants. 
(B) Following the recognition by the 
United States of the Native Hawaiian govern-
ment under section 7(d)(2) of this Act, the 
term ‘‘Native Hawaiian’’ shall have the mean-
ing given to such term in the organic governing 
documents of the Native Hawaiian government. 
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(8) NATIVE
HAWAIIAN
GOVERNMENT.—The 
term ‘‘Native Hawaiian government’’ means the citi-
zens of the government of the Native Hawaiian peo-
ple that is recognized by the United States under 
the authority of section 7(d)(2) of this Act. 
(9) NATIVE
HAWAIIAN
INTERIM
GOVERNING 
COUNCIL.—The term ‘‘Native Hawaiian Interim 
Governing Council’’ means the interim governing 
council that is organized under section 7(c) of this 
Act. 
(10) ROLL.—The term ‘‘roll’’ means the roll 
that is developed under the authority of section 7(a) 
of this Act. 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(12) TASK FORCE.—The term ‘‘Task Force’’ 
means the Native Hawaiian Interagency Task Force 
established under the authority of section 6 of this 
Act. 
SEC. 3. UNITED STATES POLICY AND PURPOSE. 
(a) POLICY.—The United States reaffirms that— 
(1) Native Hawaiians are a unique and distinct 
aboriginal, indigenous, native people, with whom the 
United States has a political and legal relationship; 
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(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 con-
ditions of Native Hawaiians and has exercised 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; 
(C) the right to reorganize a Native Ha-
waiian government; and 
(D) the right to become economically self- 
sufficient; and 
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(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 reorga-
nization of a Native Hawaiian government and for the rec-
ognition by the United States of the Native Hawaiian gov-
ernment for purposes of continuing a government-to-gov-
ernment relationship. 
SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE 
FOR NATIVE HAWAIIAN AFFAIRS. 
(a) IN GENERAL.—There is established within the 
Office of the Secretary the United States Office for Native 
Hawaiian Affairs. 
(b) DUTIES OF THE OFFICE.—The United States Of-
fice for Native Hawaiian Affairs shall— 
(1) effectuate and coordinate the special trust 
relationship between the Native Hawaiian people 
and the United States through the Secretary, and 
with all other Federal agencies; 
(2) upon the recognition of the Native Hawai-
ian government by the United States as provided for 
in section 7(d)(2) of this Act, effectuate and coordi-
nate the special trust relationship between the Na-
tive Hawaiian government and the United States 
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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 people by providing timely 
notice to, and consulting with the Native Hawaiian 
people prior to taking any actions that may affect 
traditional or current Native Hawaiian practices and 
matters that may have the potential to significantly 
or uniquely affect Native Hawaiian resources, rights, 
or lands, and upon the recognition of the Native Ha-
waiian government as provided for in section 7(d)(2) 
of this Act, fully integrate the principle and practice 
of meaningful, regular, and appropriate consultation 
with the Native Hawaiian government by providing 
timely notice to, and consulting with the Native Ha-
waiian people and the Native Hawaiian government 
prior to taking any actions that may have the poten-
tial to significantly affect Native Hawaiian re-
sources, rights, or lands; 
(4) consult with the Native Hawaiian Inter-
agency Task Force, other Federal agencies, and with 
relevant agencies of the State of Hawaii on policies, 
practices, and proposed actions affecting Native Ha-
waiian resources, rights, or lands; 
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(5) be responsible for the preparation and sub-
mittal to the Committee on Indian Affairs of the 
Senate, the Committee on Energy and Natural Re-
sources of the Senate, and the Committee on Re-
sources of the House of Representatives of an an-
nual report detailing the activities of the Interagency 
Task Force established under section 6 of this Act 
that are undertaken with respect to the continuing 
process of reconciliation and to effect meaningful 
consultation with the Native Hawaiian people and 
the Native Hawaiian government and providing rec-
ommendations for any necessary changes to existing 
Federal statutes or regulations promulgated under 
the authority of Federal law; 
(6) be responsible for continuing the process of 
reconciliation with the Native Hawaiian people, and 
upon the recognition of the Native Hawaiian govern-
ment by the United States as provided for in section 
7(d)(2) of this Act, be responsible for continuing the 
process of reconciliation with the Native Hawaiian 
government; and 
(7) assist the Native Hawaiian people in facili-
tating a process for self-determination, including but 
not limited to the provision of technical assistance in 
the development of the roll under section 7(a) of this 
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Act, the organization of the Native Hawaiian In-
terim Governing Council as provided for in section 
7(c) of this Act, and the recognition of the Native 
Hawaiian government as provided for in section 7(d) 
of this Act. 
(c) AUTHORITY.—The United States Office for Na-
tive Hawaiian Affairs is authorized to enter into a contract 
with or make grants for the purposes of the activities au-
thorized or addressed in section 7 of this Act for a period 
of 3 years from the date of enactment of this Act. 
SEC. 5. DESIGNATION OF DEPARTMENT OF JUSTICE REP-
RESENTATIVE. 
The Attorney General shall designate an appropriate 
official within the Department of Justice to assist the 
United States Office for Native Hawaiian Affairs in the 
implementation and protection of the rights of Native Ha-
waiians and their political, legal, and trust relationship 
with the United States, and upon the recognition of the 
Native Hawaiian government as provided for in section 
7(d)(2) of this Act, in the implementation and protection 
of the rights of the Native Hawaiian government and its 
political, legal, and trust relationship with the United 
States. 
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SEC. 6. NATIVE HAWAIIAN INTERAGENCY TASK FORCE. 
(a) ESTABLISHMENT.—There is established an inter-
agency task force to be known as the ‘‘Native Hawaiian 
Interagency Task Force’’. 
(b) COMPOSITION.—The Task Force shall be com-
posed of officials, to be designated by the President, 
from— 
(1) each Federal agency that establishes or im-
plements policies that affect Native Hawaiians or 
whose actions may significantly or uniquely impact 
on Native Hawaiian resources, rights, or lands; 
(2) the United States Office for Native Hawai-
ian Affairs established under section 4 of this Act; 
and 
(3) the Executive Office of the President. 
(c) LEAD AGENCIES.—The Department of the Inte-
rior and the Department of Justice shall serve as the lead 
agencies of the Task Force, and meetings of the Task 
Force shall be convened at the request of either of the 
lead agencies. 
(d) CO-CHAIRS.—The Task Force representative of 
the United States Office for Native Hawaiian Affairs es-
tablished under the authority of section 4 of this Act and 
the Attorney General’s designee under the authority of 
section 5 of this Act shall serve as co-chairs of the Task 
Force. 
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(e) DUTIES.—The responsibilities of the Task Force 
shall be— 
(1) the coordination of Federal policies that af-
fect Native Hawaiians or actions by any agency or 
agencies of the Federal Government which may sig-
nificantly or uniquely impact on Native Hawaiian re-
sources, 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 
government by the United States as provided in sec-
tion 7(d)(2) of this Act, consultation with the Native 
Hawaiian government; and 
(3) to assure the participation of each Federal 
agency in the development of the report to Congress 
authorized in section 4(b)(5) of this Act. 
SEC. 7. PROCESS FOR THE DEVELOPMENT OF A ROLL FOR 
THE ORGANIZATION OF A NATIVE HAWAIIAN 
INTERIM GOVERNING COUNCIL, FOR THE OR-
GANIZATION OF A NATIVE HAWAIIAN IN-
TERIM GOVERNING COUNCIL AND A NATIVE 
HAWAIIAN GOVERNMENT, AND FOR THE REC-
OGNITION OF THE NATIVE HAWAIIAN GOV-
ERNMENT. 
(a) ROLL.— 
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(1) PREPARATION
OF
ROLL.—The United 
States Office for Native Hawaiian Affairs shall as-
sist the adult members of the Native Hawaiian com-
munity who wish to participate in the reorganization 
of a Native Hawaiian government in preparing a roll 
for the purpose of the organization of a Native Ha-
waiian Interim Governing Council. The roll shall in-
clude the names of the— 
(A) adult members of the Native Hawaiian 
community who wish to become citizens of a 
Native Hawaiian government and who are— 
(i) the lineal descendants of the ab-
original, indigenous, native people who re-
sided in the islands that now comprise the 
State of Hawaii on or before January 1, 
1893, and who occupied and exercised sov-
ereignty in the Hawaiian archipelago; or 
(ii) Native Hawaiians who were eligi-
ble in 1921 for the programs authorized by 
the Hawaiian Homes Commission Act (42 
Stat. 108, chapter 42) or their lineal de-
scendants; and 
(B) the children of the adult members list-
ed on the roll prepared under this subsection. 
(2) CERTIFICATION AND SUBMISSION.— 
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(A) COMMISSION.— 
(i) IN GENERAL.—There is authorized 
to be established a Commission to be com-
posed of 9 members for the purpose of cer-
tifying that the adult members of the Na-
tive Hawaiian community on the roll meet 
the definition of Native Hawaiian, as de-
fined in section 2(7)(A) of this Act. 
(ii) MEMBERSHIP.— 
(I) 
APPOINTMENT.—The 
Sec-
retary shall appoint the members of 
the Commission in accordance with 
subclause (II). Any vacancy on the 
Commission shall not affect its powers 
and shall be filled in the same manner 
as the original appointment. 
(II) REQUIREMENTS.—The mem-
bers of the Commission shall be Na-
tive Hawaiian, as defined in section 
2(7)(A) of this Act, and shall have ex-
pertise in the certification of Native 
Hawaiian ancestry. 
(III) CONGRESSIONAL
SUBMIS-
SION OF SUGGESTED CANDIDATES.— 
In appointing members of the Com-
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mission, the Secretary may choose 
such members from among— 
(aa) five suggested can-
didates submitted by the majority 
leader of the Senate and the mi-
nority leader of the Senate from 
a list of candidates provided to 
such leaders by the Chairman 
and Vice Chairman of the Com-
mittee on Indian Affairs of the 
Senate; and 
(bb) four suggested can-
didates submitted by the Speaker 
of the House of Representatives 
and the minority leader of the 
House of Representatives from a 
list provided to the Speaker and 
the minority leader by the Chair-
man and Ranking member of the 
Committee on Resources of the 
House of Representatives. 
(iii) EXPENSES.—Each member of the 
Commission shall be allowed travel ex-
penses, including per diem in lieu of sub-
sistence, at rates authorized for employees 
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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 performance of services for 
the Commission. 
(B) 
CERTIFICATION.—The 
Commission 
shall certify that the individuals listed on the 
roll developed under the authority of this sub-
section are Native Hawaiians, as defined in sec-
tion 2(7)(A) of this Act. 
(3) SECRETARY.— 
(A) CERTIFICATION.—The Secretary shall 
review the Commission’s certification of the 
membership roll and determine whether it is 
consistent with applicable Federal law, includ-
ing the special trust relationship between the 
United States and the indigenous, native people 
of the United States. 
(B) PUBLICATION.—Upon making the de-
termination authorized in subparagraph (A), 
the Secretary shall publish a final roll. 
(C) APPEAL.— 
(i) 
ESTABLISHMENT
OF
MECHA-
NISM.—The Secretary is authorized to es-
tablish a mechanism for an appeal of the 
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Commission’s determination as it con-
cerns— 
(I) the exclusion of the name of 
a person who meets the definition of 
Native Hawaiian, as defined in section 
2(7)(A) of this Act, from the roll; or 
(II) a challenge to the inclusion 
of the name of a person on the roll on 
the grounds that the person does not 
meet the definition of Native Hawai-
ian, as so defined. 
(ii) 
PUBLICATION; 
UPDATE.—The 
Secretary shall publish the final roll while 
appeals are pending, and shall update the 
final roll and the publication of the final 
roll upon the final disposition of any ap-
peal. 
(D) FAILURE TO ACT.—If the Secretary 
fails to make the certification authorized in 
subparagraph (A) within 90 days of the date 
that the Commission submits the membership 
roll to the Secretary, the certification shall be 
deemed to have been made, and the Commis-
sion shall publish the final roll. 
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(4) EFFECT OF PUBLICATION.—The publication 
of the final roll shall serve as the basis for the eligi-
bility of adult members listed on the roll to partici-
pate in all referenda and elections associated with 
the organization of a Native Hawaiian Interim Gov-
erning Council and the Native Hawaiian govern-
ment. 
(b) RECOGNITION OF RIGHTS.—The right of the Na-
tive Hawaiian people to organize for their common welfare 
and to adopt appropriate organic governing documents is 
hereby recognized by the United States. 
(c) ORGANIZATION OF THE NATIVE HAWAIIAN IN-
TERIM GOVERNING COUNCIL.— 
(1) ORGANIZATION.—The adult members listed 
on the roll developed under the authority of sub-
section (a) are authorized to— 
(A) develop criteria for candidates to be 
elected to serve on the Native Hawaiian Interim 
Governing Council; 
(B) determine the structure of the Native 
Hawaiian Interim Governing Council; and 
(C) elect members to the Native Hawaiian 
Interim Governing Council. 
(2) ELECTION.—Upon the request of the adult 
members listed on the roll developed under the au-
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thority of subsection (a), the United States Office 
for Native Hawaiian Affairs may assist the Native 
Hawaiian community in holding an election by secret 
ballot (absentee and mail balloting permitted), to 
elect the membership of the Native Hawaiian In-
terim Governing Council. 
(3) POWERS.— 
(A) IN GENERAL.—The Native Hawaiian 
Interim Governing Council is authorized to rep-
resent those on the roll in the implementation 
of this Act and shall have no powers other than 
those given to it in accordance with this Act. 
(B) FUNDING.—The Native Hawaiian In-
terim Governing Council is authorized to enter 
into a contract or grant with any Federal agen-
cy, including but not limited to, the United 
States Office for Native Hawaiian Affairs with-
in the Department of the Interior and the Ad-
ministration for Native Americans within the 
Department of Health and Human Services, to 
carry out the activities set forth in subpara-
graph (C). 
(C) ACTIVITIES.— 
(i) IN GENERAL.—The Native Hawai-
ian Interim Governing Council is author-
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ized to conduct a referendum of the adult 
members listed on the roll developed under 
the authority of subsection (a) for the pur-
pose of determining (but not limited to) 
the following: 
(I) The proposed elements of the 
organic governing documents of a Na-
tive Hawaiian government. 
(II) The proposed powers and 
authorities to be exercised by a Native 
Hawaiian government, as well as the 
proposed privileges and immunities of 
a Native Hawaiian government. 
(III) The proposed civil rights 
and protection of such rights of the 
citizens of a Native Hawaiian govern-
ment and all persons subject to the 
authority of a Native Hawaiian gov-
ernment. 
(ii) DEVELOPMENT OF ORGANIC GOV-
ERNING
DOCUMENTS.—Based upon the 
referendum, the Native Hawaiian Interim 
Governing Council is authorized to develop 
proposed organic governing documents for 
a Native Hawaiian government. 
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(iii) DISTRIBUTION.—The Native Ha-
waiian Interim Governing Council is au-
thorized to distribute to all adult members 
of those listed on the roll, a copy of the 
proposed organic governing documents, as 
drafted by the Native Hawaiian Interim 
Governing Council, along with a brief im-
partial description of the proposed organic 
governing documents. 
(iv) CONSULTATION.—The Native Ha-
waiian Interim Governing Council is au-
thorized to freely consult with those mem-
bers listed on the roll concerning the text 
and description of the proposed organic 
governing documents. 
(D) ELECTIONS.— 
(i) IN GENERAL.—The Native Hawai-
ian Interim Governing Council is author-
ized to hold elections for the purpose of 
ratifying the proposed organic governing 
documents, and upon ratification of the or-
ganic governing documents, to hold elec-
tions for the officers of the Native Hawai-
ian government. 
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(ii) ASSISTANCE.—Upon the request 
of the Native Hawaiian Interim Governing 
Council, the United States Office of Native 
Hawaiian Affairs may assist the Council in 
conducting such elections. 
(4) TERMINATION.—The Native Hawaiian In-
terim Governing Council shall have no power or au-
thority under this Act after the time at which the 
duly elected officers of the Native Hawaiian govern-
ment take office. 
(d) RECOGNITION OF THE NATIVE HAWAIIAN GOV-
ERNMENT.— 
(1) PROCESS FOR RECOGNITION.— 
(A) SUBMITTAL OF ORGANIC GOVERNING 
DOCUMENTS.—The duly elected officers of the 
Native Hawaiian government shall submit the 
organic governing documents of the Native Ha-
waiian government to the Secretary. 
(B) CERTIFICATIONS.—Within 90 days of 
the date that the duly elected officers of the 
Native Hawaiian government submit the or-
ganic governing documents to the Secretary, 
the Secretary shall certify that the organic gov-
erning documents— 
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(i) were adopted by a majority vote of 
the adult members listed on the roll pre-
pared under the authority of subsection 
(a); 
(ii) are consistent with applicable Fed-
eral law and the special trust relationship 
between the United States and the indige-
nous native people of the United States; 
(iii) provide for the exercise of those 
governmental authorities that are recog-
nized by the United States as the powers 
and authorities that are exercised by other 
governments representing the indigenous, 
native people of the United States; 
(iv) provide for the protection of the 
civil rights of the citizens of the Native 
Hawaiian government and all persons sub-
ject to the authority of the Native Hawai-
ian government, and to assure that the 
Native Hawaiian government exercises its 
authority consistent with the requirements 
of section 202 of the Act of April 11, 1968 
(25 U.S.C. 1302); 
(v) prevent the sale, disposition, lease, 
or encumbrance of lands, interests in 
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lands, or other assets of the Native Hawai-
ian government without the consent of the 
Native Hawaiian government; 
(vi) establish the criteria for citizen-
ship in the Native Hawaiian government; 
and 
(vii) provide authority for the Native 
Hawaiian government to negotiate with 
Federal, State, and local governments, and 
other entities. 
(C) FAILURE
TO
ACT.—If the Secretary 
fails to act within 90 days of the date that the 
duly elected officers of the Native Hawaiian 
government submitted the organic governing 
documents of the Native Hawaiian government 
to the Secretary, the certifications authorized in 
subparagraph (B) shall be deemed to have been 
made. 
(D) RESUBMISSION
IN
CASE
OF
NON-
COMPLIANCE WITH FEDERAL LAW.— 
(i) RESUBMISSION
BY
THE
SEC-
RETARY.—If the Secretary determines that 
the organic governing documents, or any 
part thereof, are not consistent with appli-
cable Federal law, the Secretary shall re-
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submit the organic governing documents to 
the duly elected officers of the Native Ha-
waiian government along with a justifica-
tion for each of the Secretary’s findings as 
to why the provisions are not consistent 
with such law. 
(ii) AMENDMENT AND RESUBMISSION 
BY
THE
NATIVE
HAWAIIAN
GOVERN-
MENT.—If the organic governing docu-
ments are resubmitted to the duly elected 
officers of the Native Hawaiian govern-
ment by the Secretary under clause (i), the 
duly elected officers of the Native Hawai-
ian government shall— 
(I) amend the organic governing 
documents to ensure that the docu-
ments comply with applicable Federal 
law; and 
(II) resubmit the amended or-
ganic governing documents to the Sec-
retary for certification in accordance 
with subparagraphs (B) and (C). 
(2) FEDERAL RECOGNITION.— 
(A) RECOGNITION.—Notwithstanding any 
other provision of law, upon the election of the 
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officers of the Native Hawaiian government and 
the certifications (or deemed certifications) by 
the Secretary authorized in paragraph (1), Fed-
eral recognition is hereby extended to the Na-
tive Hawaiian government as the representative 
governing body of the Native Hawaiian people. 
(B) NO
DIMINISHMENT
OF
RIGHTS
OR 
PRIVILEGES.—Nothing contained in this Act 
shall diminish, alter, or amend any existing 
rights or privileges enjoyed by the Native Ha-
waiian people which are not inconsistent with 
the provisions of this Act. 
SEC. 8. 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. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AU-
THORITY; NEGOTIATIONS. 
(a) REAFFIRMATION.—The delegation by the United 
States of authority to the State of Hawaii to address the 
conditions of Native Hawaiians contained in the Act enti-
tled ‘‘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. 5) is hereby reaffirmed. 
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(b) NEGOTIATIONS.—Upon the Federal recognition 
of the Native Hawaiian government pursuant to section 
7(d)(2) of this Act, the United States is authorized to ne-
gotiate and enter into an agreement with the State of Ha-
waii and the Native Hawaiian government regarding the 
transfer of lands, resources, and assets dedicated to Na-
tive Hawaiian use under existing law as in effect on the 
date of enactment of this Act to the Native Hawaiian gov-
ernment. 
SEC. 10. DISCLAIMER. 
Nothing in this Act is intended to serve as a settle-
ment of any claims against the United States, or to affect 
the rights of the Native Hawaiian people under inter-
national law. 
SEC. 11. REGULATIONS. 
The Secretary is authorized to make such rules and 
regulations and such delegations of authority as the Sec-
retary deems necessary to carry out the provisions of this 
Act. 
SEC. 12. SEVERABILITY. 
In the event that any section or provision of this Act, 
or any amendment made by this Act is held invalid, it 
is the intent of Congress that the remaining sections or 
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provisions of this Act, and the amendments made by this 
Act, shall continue in full force and effect. 
Æ 
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