Native Hawaiian Government Reorganization Act of 2011

Bill: 112-s-675
Sponsor: Sen. Akaka, Daniel K. [D-HI]
Introduced: 2011-03-30 in the Senate
Policy area: Native Americans
Subjects: Alaska Natives and Hawaiians
Congressional oversight
Department of the Interior
Executive agency funding and structure
Federal-Indian relations
Gambling
Hawaii
Indian lands and resources rights
Indian social and development programs
Land transfers
Land use and conservation

Summary:
action_date: 2011-03-30
text: 
Native Hawaiian Government Reorganization Act of 2011 - Establishes the U.S. Office for Native Hawaiian Relations within the Office of the Secretary of the Interior. 
 
Establishes the Native Hawaiian Interagency Coordinating Group. 
 
Recognizes the right of the qualified Native Hawaiian constituents to reorganize the single Native Hawaiian governing entity to provide for their common welfare and to adopt appropriate organic governing documents. 
 
Establishes a Commission to: (1) prepare and maintain a roll of such constituents, and (2) certify that individuals on the roll meet the definition of qualified Native Hawaiian. 
 
Outlines the process for the reorganization, which includes forming a Native Hawaiian Interim Governing Council. 
 
Reaffirms the special political and legal relationship between the United States and the Native Hawaiian people upon the Secretary's approval of the organic governing documents and the installation of officers elected to the Native Hawaiian governing entity. Extends federal recognition to the governing entity as the representative sovereign governing body of the Native Hawaiian people. 
 
Authorizes the United States, upon the reaffirmation of such political and legal relationship, together with the state of Hawaii, to enter into negotiations with the governing entity for an agreement addressing matters that include: (1) land, natural resource, and asset transfers; (2) governing powers and responsibilities; and (3) grievances.
 
Prohibits Native Hawaiians or their governing entity from conducting gaming activities as a matter of claimed inherent authority or under the authority of federal law.

action_date: 2012-12-17
text: 
Native Hawaiian Government Reorganization Act of 2012 - (Sec. 5) Recognizes the right of the Native Hawaiian people to reorganize a Native Hawaiian governing entity to provide for their common welfare and to adopt an appropriate constitution and bylaws.
 
Considers the individuals listed on the roll compiled and certified by the Native Hawaiian Roll Commission to be members of the Native Hawaiian people for purposes of reorganizing that entity, provided the roll is published, available for inspection, and compiled in accordance with due process principles.
 
Requires those members, in consultation with the Secretary of the Interior, to establish an Interim Governing Council by: (1) developing the qualifications required of Council candidates, (2) determining the Council's structure, and (3) electing Council members.
 
Requires the Council, within two years of its establishment, to: (1) develop, with appropriate input from the Native Hawaiian people, a proposed constitution and bylaws for the Native Hawaiian governing entity; (2) provide the proposed constitution and bylaws, and an objective description of their provisions, to the Native Hawaiian people; (3) request the Secretary to hold an election to ratify the constitution and bylaws; and (4) submit the ratified constitution and bylaws to the Secretary for approval under the Indian Reorganization Act.
 
Directs the Council, with the Secretary's assistance, to hold elections for officers of the Native Hawaiian governing entity identified in the approved constitution and bylaws.
 
Terminates the Council on the date the members of the Native Hawaiian governing entity are installed.
 
(Sec. 6) Gives the Native Hawaiian governing entity the inherent powers and privileges of self-government of an Indian tribe under applicable federal law.
 
Considers the governing entity to be an Indian tribe eligible for the special programs and services the federal government provides to Indians.
 
Subjects the governing entity to the Indian Gaming Regulatory Act. Prohibits the governing entity from conducting gaming activities, unless Hawaii permits such an activity for any purpose by an individual, organization, or entity.
 
Authorizes the Secretary to consider the governing entity to be an Indian tribe for purposes of carrying out any activity authorized under the Indian Reorganization Act. 
 
Ratifies and confirms any action taken by the Secretary pursuant to the Indian Reorganization Act for the Native Hawaiian governing entity to the extent the action is challenged based on the question of whether the governing entity was federally recognized or under federal jurisdiction on June 18, 1934.
 
(Sec. 8) Authorizes appropriations for the implementation of this Act.


Legislative actions:
action_date: 2012-12-17
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 568.
action_date: 2012-12-17
text: Committee on Indian Affairs. Reported by Senator Akaka with an amendment in the nature of a substitute. With written report No. 112-251. Additional views filed.
action_date: 2012-12-17
text: Committee on Indian Affairs. Reported by Senator Akaka with an amendment in the nature of a substitute. With written report No. 112-251. Additional views filed.
action_date: 2012-09-13
text: Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2011-04-07
text: Committee on Indian Affairs. Ordered to be reported without amendment favorably.
action_date: 2011-03-30
text: Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S1979-1984)
action_date: 2011-03-30
text: Sponsor introductory remarks on measure. (CR S1978-1979)
action_date: 2011-03-30
text: Introduced in Senate