A bill expressing 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, and of other purposes.

to provide for annexing the 
        Hawaiian Islands 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).
            (4) Indigenous, native people.--The term ``indigenous, 
        native people'' means the lineal descendants of the aboriginal, 
        indigenous, native people of the United States.
            (5) Native hawaiian.--
                    (A) Prior to the recognition by the United States 
                of the Native Hawaiian governing entity, the term 
                ``Native Hawaiian'' means all Native Hawaiian people 
                who were eligible in 1921 for the programs authorized 
                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 governing documents of the Native Hawaiian 
governing entity.
            (6) Native hawaiian governing entity.--The term ``Native 
        Hawaiian governing entity'' means the sole governing entity 
        organized by the Native Hawaiian people through a process which 
        involves the maximum participation of Native Hawaiians.
            (7) 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 responsibility to 
        promote the welfare of Native Hawaiians;
            (3) Congress possesses the authority under the Constitution 
        to enact legislation to address the conditions 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 addressing 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 Hawaiian 
                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 recognition by the United States of 
a Native Hawaiian governing entity for purposes of continuing a 
government-to-government relationship.

SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE FOR NATIVE HAWAIIAN 
              RELATIONS.

    (a) In General.--There is established within the Office of the 
Secretary the United States Office for Native Hawaiian Relations.
    (b) Duties of the Office.--The United States Office for Native 
Hawaiian Relations shall--
            (1) effectuate and coordinate the special political and 
        legal relationship between the Native Hawaiian people and the 
        United States, and upon the recognition of the Native Hawaiian 
        governing entity by the United States, between 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 recognition 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 providing timely notice to, 
        and consulting with the Native Hawaiian people and the Native 
        Hawaiian governing entity prior to taking any actions that may 
        have the potential to significantly affect Native Hawaiian 
        resources, rights, or lands;
            (4) consult with other Federal agencies, and with relevant 
        agencies of the State of Hawaii on policies, practices, and 
        proposed actions affecting Native Hawaiian resources, rights, 
        or lands; and
            (5) prepare and submit to the Committee on Indian Affairs 
        and the Committee on Energy and Natural Resources of the 
        Senate, and the Committee on Resources of the House of 
        Representatives an annual report detailing the activities 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 Federal law.

SEC. 5. PROCESS FOR THE RECOGNITION OF THE NATIVE HAWAIIAN GOVERNING 
              ENTITY.

    (a) Recognition of Right To Organize.--The right of the Native 
Hawaiian people to organize for their common welfare and to adopt 
appropriate organic governing documents is hereby recognized by the 
United States.
    (b) Process.--
            (1) Submittal of organic governing documents.--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 
        elected officers of the Native Hawaiian governing entity shall 
        submit the organic governing documents of the Native Hawaiian 
        governing entity--
                    (A) to the Secretary; and
                    (B) to the State of Hawaii for purposes of advising 
                the State that the Native Hawaiian governing entity has 
                been reorganized.
            (2) Certifications.--
                    (A) In general.--Within 120 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 
                organic governing documents--
                            (i) establish the criteria for citizenship 
                        in the Native Hawaiian governing entity;
                            (ii) were adopted through a process that 
                        provided for the maximum participation of 
                        Native Hawaiians;
                            (iii) provide for the exercise of 
                        governmental 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 
                        entities;
                            (v) prevent the sale, disposition, lease, 
                        or encumbrance of lands, interests in lands, or 
                        other assets of the Native Hawaiian governing 
                        entity without the consent of the Native 
                        Hawaiian governing entity;
                            (vi) provide for the protection of the 
                        civil rights of the citizens of the Native 
                        Hawaiian governing entity and all persons 
                        subject to the authority of the Native Hawaiian 
                        governing entity, and ensure that the Native 
                        Hawaiian governing entity exercises its 
                        authority consistent with the requirements 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 political and legal 
                        relationship between the United States and the 
                        indigenous native people of the United States.
                    (B) By the secretary.--Within 120 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 Hawaii supports the recognition of the Native 
                Hawaiian governing entity by the United States as 
                evidenced by a resolution or act of the Hawaii State 
                legislature.
                    (C) Resubmission in case of noncompliance with 
                federal law.--
                            (i) Resubmission by the secretary.--If the 
                        Secretary determines that the organic governing 
                        documents, or any part thereof, are not 
                        consistent with applicable Federal law, the 
                        Secretary shall resubmit the organic governing 
                        documents to the duly elected officers of the 
                        Native Hawaiian governing entity along with a 
                        justification 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 governing entity.--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 governing entity shall--
                                    (I) amend the organic governing 
                                documents to ensure that the documents 
                                comply with applicable Federal law; 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 (B) shall be deemed to have 
                been made if the Secretary has not acted within 180 
                days of the date that the duly elected officers of the 
                Native Hawaiian governing entity have submitted or 
                resubmitted the organic governing documents of the 
                Native Hawaiian 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 (1), the United States 
        hereby extends Federal recognition to the Native Hawaiian 
        governing entity as the representative governing body of the 
        Native Hawaiian people.

SEC. 6. 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. 7. 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 contained 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. 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 Hawaiian governing entity regarding the transfer 
of lands, resources, 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. 8. APPLICABILITY OF CERTAIN FEDERAL LAWS.

    (a) Indian Gaming Regulatory Act.--Nothing contained in this Act 
shall be construed as an authorization for the Native Hawaiian 
governing entity to conduct gaming activities under the authority of 
the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
    (b) Ineligibility for Indian Programs.--Nothing contained in this 
Act shall be construed as an authorization for eligibility to 
participate in any programs and services provided by the Bureau of 
Indian Affairs or the Indian Health Service for any persons not 
otherwise eligible for such programs or services.

SEC. 9. ETHICS.

    The provisions of section 208(a) of title 18, United States Code, 
prohibiting involvement by a Federal Government officer or employee in 
particular matters where the officer or employee or his or her spouse 
or minor child has a financial interest shall not apply to Native 
Hawaiians employed by the United States Office for Native Hawaiian 
Relations if the financial interest that would be affected by the 
particular matter involved is that resulting solely from the interest 
of the officer or employee or his or her spouse or minor child that 
results from his or her status as a Native Hawaiian.

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 remaining sections or 
provisions of this Act shall continue in full force and effect.

Summary: Establishes the U.S. Office for Native Hawaiian Relations (Office) within the Office of the Secretary of the Interior.Recognizes the right of the Native Hawaiian people to adopt organic governing documents. Provides that following the organization and election of a Native Hawaiian government and the adoption of such documents, the duly elected Native Hawaiian government shall submit those documents to the Secretary and to the State of Hawaii for purposes of advising the State that such government has been reorganized. Extends Federal recognition to the Native Hawaiian government as the representative governing body of the Native Hawaiian people upon election of officers and certification by the Secretary.Permits the United States, upon Federal recognition of the Native Hawaiian government, to enter into an agreement with Hawaii and such government regarding the transfer of lands, resources, and assets dedicated to Native Hawaiian use.