I 
109TH CONGRESS 
1ST SESSION 
H. R. 309 
To express the policy of the United States regarding the United States 
relationship with Native Hawaiians and to provide a process for the 
recognition by the United States of the Native Hawaiian governing 
entity. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 25, 2005 
Mr. ABERCROMBIE (for himself, Mr. CASE, Mr. YOUNG of Alaska, Mr. 
FALEOMAVAEGA, Ms. BORDALLO, Mr. MORAN of Virginia, and Mr. 
GRIJALVA) introduced the following bill; which was referred to the Com-
mittee on Resources 
A BILL 
To express the policy of the United States regarding the 
United States relationship with Native Hawaiians and 
to provide a process for the recognition by the United 
States of the Native Hawaiian governing entity. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Native Hawaiian Gov-
ernment Reorganization Act of 2005’’. 
SEC. 2. FINDINGS. 
Congress finds that—
(1) the Constitution vests Congress with the au-
thority to address the conditions of the indigenous, 
native people of the United States; 
(2) Native Hawaiians, the native people of the 
Hawaiian archipelago that is now part of the United 
States, are indigenous, native people of the United 
States; 
(3) the United States has a special political and 
legal responsibility to promote the welfare of the na-
tive people of the United States, including Native 
Hawaiians; 
(4) under the treaty making power of the 
United States, Congress exercised its constitutional 
authority to confirm treaties between the United 
States and the Kingdom of Hawaii, and from 1826 
until 1893, the United States— 
(A) recognized the sovereignty of the King-
dom of Hawaii; 
(B) accorded full diplomatic recognition to 
the Kingdom of Hawaii; and 
(C) entered into treaties and conventions 
with the Kingdom of Hawaii to govern com-
merce and navigation in 1826, 1842, 1849, 
1875, and 1887;
(5) pursuant to the Hawaiian Homes Commis-
sion Act, 1920 (42 Stat. 108, chapter 42), the 
United States set aside approximately 203,500 acres 
of land to address the conditions of Native Hawai-
ians in the Federal territory that later became the 
State of Hawaii; 
(6) by setting aside 203,500 acres of land for 
Native Hawaiian homesteads and farms, the Hawai-
ian Homes Commission Act assists the members of 
the Native Hawaiian community in maintaining dis-
tinct native settlements throughout the State of Ha-
waii; 
(7) approximately 6,800 Native Hawaiian fami-
lies reside on the Hawaiian Home Lands and ap-
proximately 18,000 Native Hawaiians who are eligi-
ble to reside on the Hawaiian Home Lands are on 
a waiting list to receive assignments of Hawaiian 
Home Lands; 
(8)(A) in 1959, as part of the compact with the 
United States admitting Hawaii into the Union, 
Congress established a public trust (commonly 
known as the ‘‘ceded lands trust’’), for 5 purposes, 
1 of which is the betterment of the conditions of Na-
tive Hawaiians;
(B) the public trust consists of lands, including 
submerged lands, natural resources, and the reve-
nues derived from the lands; and 
(C) the assets of this public trust have never 
been completely inventoried or segregated; 
(9) Native Hawaiians have continuously sought 
access to the ceded lands in order to establish and 
maintain native settlements and distinct native com-
munities throughout the State; 
(10) the Hawaiian Home Lands and other 
ceded lands provide an important foundation for the 
ability of the Native Hawaiian community to main-
tain the practice of Native Hawaiian culture, lan-
guage, and traditions, and for the survival and eco-
nomic self-sufficiency of the Native Hawaiian people; 
(11) Native Hawaiians continue to maintain 
other distinctly native areas in Hawaii; 
(12) on November 23, 1993, Public Law 103– 
150 (107 Stat. 1510) (commonly known as the 
‘‘Apology Resolution’’) was enacted into law, extend-
ing an apology on behalf of the United States to the 
native people of Hawaii for the United States’ role 
in the overthrow of the Kingdom of Hawaii; 
(13) the Apology Resolution acknowledges that 
the overthrow of the Kingdom of Hawaii occurred
with the active participation of agents and citizens 
of the United States and further acknowledges that 
the Native Hawaiian people never directly relin-
quished to the United States their claims to their in-
herent sovereignty as a people over their national 
lands, either through the Kingdom of Hawaii or 
through a plebiscite or referendum; 
(14) the Apology Resolution expresses the com-
mitment of Congress and the President— 
(A) to acknowledge the ramifications of the 
overthrow of the Kingdom of Hawaii; 
(B) to support reconciliation efforts be-
tween the United States and Native Hawaiians; 
and 
(C) to consult with Native Hawaiians on 
the reconciliation process as called for in the 
Apology Resolution; 
(15) despite the overthrow of the government of 
the Kingdom of Hawaii, Native Hawaiians have con-
tinued to maintain their separate identity as a dis-
tinct native community through cultural, social, and 
political institutions, and to give expression to their 
rights as native people to self-determination, self- 
governance, and economic self-sufficiency;