S. 147/H.R. 309: Process for Federal Recognition of a Native Hawaiian Governmental Entity
Released: 2005-10-11T00:00:00

Summary:
S. 147 / H.R. 309 , companion bills introduced in the 109th Congress,represent an effort to accord to Native Hawaiians a means of forming a governmental entity thatcould enter into government-to-government relations with the United States. This entity would beempowered to negotiate with the State of Hawaii and with the federal government regarding thetransfer of land and the exercise of governmental power and jurisdiction. There was similarlegislation in the 106th, 107th, and 108th Congresses; the House passed a Native Hawaiian recognitionbill, H.R. 4904 , in the 106th Congress. While the Senate did not pass H.R.4904, the bill would have been enacted through a provision in the Consolidated Appropriations Act,2001 ( H.R. 4577 , P.L. 106-554 ), until a Senate concurrent resolution removed theprovision by correcting the enrollment of H.R. 4577 ( S.Con.Res. 162 ).
This report describes the provisions of the reported version of S. 147 ; outlinessome federal statutes and recent cases which might be relevant to the issue of federal recognition ofa Native Hawaiian entity; and recounts some legal arguments that have been presented in the debateon this legislation. It includes a brief outline of the provisions of a substitute amendment expectedto be offered in lieu of the reported version of S. 147, when Senate debate, which wasinterrupted by the filing of a cloture motion on July 29, resumes. The substitute amendment is theproduct of discussions that have included congressional, executive, and State of Hawaii officials. S. 147 has again been placed on the Senate Calendar. This report will be updated aswarranted by legislative activity.

subsections: section_title: APPENDIX I: Legislation
paragraphs: Native Hawaiian recognition bills have been considered in the 106th-108th Congresses,and at least one of the bills has been reported in each Congress (see Table 1 below). (128) All the billsprovided for a recognition process very similar to that in S. 147 and H.R. 309 , but differed in various other provisions, including the determinationof land transfers to, and the jurisdictional powers of, a Native Hawaiian political entity. Thenature of the federal government's relationship to Native Hawaiians was an issue long beforethe 106th Congress, however, in both the Department of the Interior (129) and the halls ofCongress.
Congress came closest to enacting a Native Hawaiian recognition bill in the 106thCongress, when the House passed H.R. 4904 . While the Senate did not passH.R. 4904, the bill would have been enacted through a provision in theConsolidated Appropriations Act, 2001 ( H.R. 4577 , P.L. 106-554 ), until a Senateconcurrent resolution removed the provision by correcting the enrollment of H.R.4577 ( S.Con.Res. 162 ).
 Table 1. Native Hawaiian Recognition Bills inCongress 
section_title: APPENDIX II: Federal Native Hawaiian Programs
paragraphs: Congress has enacted a number of programs for Native Hawaiians, in addition to theHawaiian Home Lands program. (130) One concern among proponents of Native Hawaiianrecognition is that many or all of these federal programs for Native Hawaiians may beendangered if a Native Hawaiian political entity is not created. (131) Federal NativeHawaiian programs either are solely for Native Hawaiian communities or organizations orexplicitly include Native Hawaiian communities or organizations among the eligibleapplicants. Some of these programs benefit Indians as well. The programs provide a notinsignificant amount of federal dollars for Native Hawaiians. A 2003 report of the Councilfor Native Hawaiian Advancement estimated that in FY2002 over $70 million flowed intoHawaii because of such Native Hawaiian programs. (132) Among themajor federal Native Hawaiian programs listed in the Catalog of Federal Domestic Assistance (CFDA) (133) are the following.
Native Hawaiian Education Act ( P.L. 107-110 , Title VII, Part B); F2004obligations were $33.3 million, according to the CFDA.
Higher Education Act, Title III, Institutional Aid for Alaska Native andNative Hawaiian serving institutions.
Native Hawaiian Health Care Improvement Act ( P.L. 102-396 ); F2004obligations were $10.5 million, according to the CFDA.
Native Hawaiian Housing Block Grants ( P.L. 106-569 , HawaiianHomelands Homeownership Act, Â§513); F2004 obligations were $9.6 million, according tothe CFDA.
Loan Guarantees for Native Hawaiian Housing ( P.L. 106-569 , HawaiianHomelands Homeownership Act, Â§514); F2004 loan guarantees were $39.7 million, accordingto the CFDA.
Native American Programs Act of 1974 ( P.L. 93-644 , as amended);shared program with Indians and Native American Pacific Islanders; total program FY2004obligations were $35 million, according to the CFDA.
Native American Employment and Training ( P.L. 105-220 , Â§166);shared program with Indians; total program FY2004 obligations were $55 million, accordingto the CFDA.