[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2899 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 2899
To express the policy of the United States regarding the United States'
relationship with Native Hawaiians, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 20, 2000
Mr. Akaka (for himself and Mr. Inouye) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To express the policy of the United States regarding the United States'
relationship with Native Hawaiians, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds that--
(1) the Constitution vests Congress with the authority to
address the conditions of the indigenous, native people of the
United States;
(2) Native Hawaiians, the native people of the State of
Hawaii are indigenous, native people of the United States;
(3) the United States has a special trust relationship 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 Hawaiian 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 govern 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, chapter 42), the United
States set aside 200,000 acres of land in the Federal territory
that later became the State of Hawaii in order to establish a
homeland for the native people of Hawaii, Native Hawaiians;
(6) by setting aside 200,000 acres of land for Native
Hawaiian homesteads and farms, the Act assists the Native
Hawaiian community in maintaining distinct native settlements
throughout the State of Hawaii;
(7) approximately 6,800 Native Hawaiian lessees and their
family members reside on Hawaiian Home Lands and approximately
18,000 Native Hawaiians who are eligible to reside on the Home
Lands are on a waiting list to receive assignments of land;
(8) the Hawaiian Home Lands continue to provide an
important foundation for the ability of the Native Hawaiian
community to maintain the practice of Native Hawaiian culture,
language, and traditions, and Native Hawaiians have maintained
other distinctly native areas in Hawaii;
(9) on November 23, 1993, Public Law 103-150 (107 Stat.
1510) (commonly known as the Apology 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;
(10) 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
relinquished 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;
(11) the Apology Resolution expresses the commitment of
Congress and the President to acknowledge the ramifications of
the overthrow of the Kingdom 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;
(12) 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
participation in the Office of Hawaiian Affairs;
(13) Native Hawaiians also maintain a distinct Native
Hawaiian community through the provision of governmental
services to Native Hawaiians, including the provision of health
care services, educational programs, employment and training
programs, children's services, conservation programs, fish and
wildlife protection, agricultural programs, native language immersion
programs and native language 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-determination and local control;
(14) Native Hawaiians are actively engaged in Native
Hawaiian cultural practices, traditional agricultural 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;
(15) the Native Hawaiian people wish to preserve, develop,
and transmit to future Native Hawaiian generations their
ancestral lands and Native Hawaiian 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
affairs;
(16) this Act responds to the desire of the Native Hawaiian
people for enhanced self-determination by establishing 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 reorganize a Native
Hawaiian governing body for the purpose of giving expression to
their rights as native people to self-determination and self-
governance;
(17) the United States has declared that--
(A) the United States has a special responsibility
for the welfare of the native peoples of the United
States, including Native Hawaiians;
(B) Congress has identified Native Hawaiians as a
distinct indigenous group within the scope of its
Indian affairs power, and has enacted dozens of
statutes on their behalf pursuant to its recognized
trust responsibility; and
(C) Congress has also delegated broad authority to
administer a portion of the federal trust
responsibility to the State of Hawaii;
(18) the United States has recognized and reaffirmed the
special trust relationship with the Native 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 lands be held
in public trust for the betterment of the
conditions of Native Hawaiians; and
(ii) transferring the United States'
responsibility for the administration of the
Hawaiian Home Lands to the State of Hawaii, 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 corpus 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;
(19) the United States continually has recognized and
reaffirmed that--
(A) Native Hawaiians have a cultural, historic, and
land-based link to the aboriginal, native people who
exercised sovereignty over the Hawaiian Islands;
(B) Native Hawaiians have never relinquished their
claims to sovereignty or their sovereign lands;
(C) the United States extends services to Native
Hawaiians because of their unique status 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 American
Indians, Alaska Natives, and Native Hawaiians 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 people.--The term
``aboriginal, indigenous, native people'' means those people
whom Congress has recognized 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 members'' means those
Native Hawaiians who have attained the age of 18 at the time
the Secretary publishes the initial roll in the Federal
Register, as provided in section 7(a)(4) of this Act.
(3) Apology resolution.--The term ``Apology 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) Commission.--The term ``Commission'' means the
commission established in section 7 of this Act to certify that
the adult members of the Native Hawaiian community contained on
the roll developed under that section meet the definition of
Native Hawaiian, as defined in paragraph (6)(A).
(5) Indigenous, native people.--The term ``indigenous,
native people'' means the lineal descendants of the aboriginal,
indigenous, native people of the United States.
(6) Native hawaiian.--
(A) Prior to the recognition by the United States
of a Native Hawaiian governing body under the authority
of section 7(d) of this Act, the term ``Native
Hawaiian'' means the indigenous, native people of
Hawaii who are the lineal descendants of the
aboriginal, indigenous, native people who resided in
the islands that now comprise the State of Hawaii on
January 1, 1893, and who occupied and exercised
sovereignty in the Hawaiian archipelago, including the
area that now constitutes the State of Hawaii, as
evidenced by (but not limited to)--
(i) genealogical records;
(ii) Native Hawaiian kupuna (elders)
verification or affidavits;
(iii) church or census records; or
(iv) government birth or death certificates
or other vital statistics records;
(B) Following the recognition by the United States
of the Native Hawaiian governing body under section
7(d) of this Act, the term ``Native Hawaiian'' shall
have the meaning given to such term in the organic
governing documents of the Native Hawaiian governing
body.
(7) Native hawaiian governing body.--The term ``Native
Hawaiian governing body'' means the adult members of the
governing body of the Native Hawaiian people that is recognized
by the United States under the authority of section 7(d) of
this Act.
(8) Native hawaiian interim governing council.--The term
``Native Hawaiian Interim Governing Council'' means the interim
governing council that is authorized to exercise the powers and
authorities recognized in section 7(b) of this Act.
(9) Roll.--The term ``roll'' means the roll that is
developed under the authority of section 7(a) of this Act.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Department of the Interior.
(11) 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.
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;
(2) the United States has a special trust relationship 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 body; and
(5) the United States shall continue to engage in a process
of reconciliation and political relations with the Native
Hawaiian people.
SEC. 4. ESTABLISHMENT OF THE OFFICE OF SPECIAL TRUSTEE FOR NATIVE
HAWAIIAN AFFAIRS.
(a) In General.--There is established within the Office of the
Secretary of the Department of the Interior the Office of Special
Trustee for Native Hawaiian Affairs.
(b) Duties of the Office.--The Office of Special Trustee 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 Hawaiian governing
body by the United States as provided for in section 7(d) of
this Act, effectuate and coordinate the special trust
relationship between the Native Hawaiian governing body and the
United States 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 have the potential to significantly or
uniquely affect Native Hawaiian resources, rights, or lands,
and upon the recognition of the Native Hawaiian governing body
as provided for in section 7(d) of this Act, fully integrate
the principle and practice of meaningful, regular, and
appropriate consultation with the Native Hawaiian governing
body by providing timely notice to, and consulting with the
Native Hawaiian people prior to taking any actions that may
have the potential to significantly affect Native Hawaiian
resources, rights, or lands;
(4) consult with the Native Hawaiian Interagency Task
Force, 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;
(5) be responsible for the preparation and submittal to the
Committee on Indian Affairs of the Senate, the Committee on
Energy and Natural Resources of the Senate, and the Committee
on Resources of the House of Representatives of an annual
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 governing body and providing
recommendations 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 governing body by the United
States as provided for in section 7(d) of this Act, be
responsible for continuing the process of reconciliation with
the Native Hawaiian governing body; and
(7) assist the Native Hawaiian people in facilitating 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 Act, the organization of the
Native Hawaiian Interim Governing Council as provided for in
section 7(b) of this Act, and the reorganization of the Native
Hawaiian governing body as provided for in section 7(c) of this
Act.
SEC. 5. DESIGNATION OF DEPARTMENT OF JUSTICE REPRESENTATIVE.
The Attorney General shall designate an appropriate official within
the Department of Justice to assist the Office of the Special Trustee
for Native Hawaiian Affairs in the implementation and protection of the
rights of Native Hawaiians and their political and legal relationship
with the United States, and upon the recognition of the Native Hawaiian
governing body as provided for in section 7(d) of this Act, in the
implementation and protection of the rights of the Native Hawaiian
governing body and its political and legal relationship with the United
States.
SEC. 6. NATIVE HAWAIIAN INTERAGENCY TASK FORCE.
(a) Establishment.--There is established an interagency task force
to be known as the ``Native Hawaiian Interagency Task Force''.
(b) Composition.--The Task Force shall be composed of officials, to
be appointed by the President, from--
(1) each Federal agency that establishes or implements
policies that affect Native Hawaiians or whose actions may
significantly or uniquely impact on Native Hawaiian resources,
rights, or lands;
(2) the Office of the Special Trustee for Native Hawaiian
Affairs established under section 4 of this Act; and
(3) the Executive Office of the President.
(c) Lead Agencies.--The Department of the Interior 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 the lead agencies.
(d) Co-Chairs.--The Task Force representative of the Office of
Special Trustee for Native Hawaiian Affairs established 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.
(e) Duties.--The primary responsibilities of the Task Force shall
be--
(1) the coordination of Federal policies that affect Native
Hawaiians or actions by any agency or agencies of the Federal
Government which may significantly or uniquely impact on Native
Hawaiian resources, 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 governing body by the United
States as provided in section 7(d) of this Act, consultation
with the Native Hawaiian governing body; 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
ORGANIZATION OF A NATIVE HAWAIIAN INTERIM GOVERNING
COUNCIL AND A NATIVE HAWAIIAN GOVERNING BODY, AND FOR THE
RECOGNITION OF THE NATIVE HAWAIIAN GOVERNING BODY.
(a) Roll.--
(1) Preparation of roll.--The adult members of the Native
Hawaiian community who wish to participate in the
reorganization of a Native Hawaiian governing body shall
prepare a roll for the purpose of the organization of a Native
Hawaiian Interim Governing Council. The roll shall include the
names of--
(A) the adult members of the Native Hawaiian
community who wish to become members of a Native
Hawaiian governing body and who are the lineal
descendants of the aboriginal, indigenous, native
people who resided in the islands that now comprise the
State of Hawaii on January 1, 1893, and who occupied
and exercised sovereignty in the Hawaiian archipelago,
including the area that now constitutes the State of
Hawaii, as evidenced by (but not limited to)--
(i) genealogical records;
(ii) Native Hawaiian kupuna (elders)
verification or affidavits;
(iii) church or census records; or
(iv) government birth or death certificates
or other vital statistics records; and
(B) the children of the adult members listed on the
roll prepared under this subsection.
(2) Certification and submission.--
(A) Commission.--There is authorized to be
established a Commission to be composed of 9 members
for the purpose of certifying that the adult members of
the Native Hawaiian community on the roll meet the
definition of Native Hawaiian, as defined in section
2(6)(A) of this Act. The members of the Commission
shall have expertise in the certification of Native
Hawaiian ancestry.
(B) Certification.--The Commission shall certify to
the Secretary that the individuals listed on the roll
developed under the authority of this subsection are
Native Hawaiians, as defined in section 2(6)(A) of this
Act, and shall submit such roll to the Secretary.
(3) Notification.--The Commission shall promptly provide
notice to the Secretary if any of the individuals listed on the
roll should be removed from the roll on account of death.
(4) Publication.--Within 45 days of the receipt by the
Secretary of the roll developed under the authority of this
subsection and certified by the Commission under the authority
of paragraph (2), the Secretary shall certify that the roll is
consistent with applicable Federal law by publishing the roll
in the Federal Register.
(5) Effect of publication.--The publication of the roll
developed under the authority of this subsection shall be for
the purpose of providing any member of the public with an
opportunity to--
(A) petition the Secretary to add to the roll the
name of an individual who meets the definition of
Native Hawaiian, as defined in section 2(6)(A) of this
Act, and who is not listed on the roll; or
(B) petition the Secretary to remove from the roll
the name of an individual who does not meet such
definition.
(6) Deadline for petitions.--Any petition described in
paragraph (5) shall be filed with the Secretary within 90 days
of the date of the publication of the roll in the Federal
Register, as authorized under paragraph (4).
(7) Certification of additional native hawaiians for
inclusion on the roll.--
(A) Submission.--Within 30 days of receiving a
petition to add the name of an individual to the roll,
the Secretary shall submit the name of each individual
who is the subject of a petition to add his or her name
to the roll to the Commission for certification that
the individual meets the definition of Native Hawaiian,
as defined in section 2(6)(A) of this Act.
(B) Certification.--Within 30 days of receiving a
petition from the Secretary to have a name added to or
removed from the roll, the Commission shall certify to
the Secretary that--
(i) the individual meets the definition of
Native Hawaiian, as defined in section 2(6)(A)
of this Act; or
(ii) the individual does not meet the
definition of Native Hawaiian, as so defined.
Upon such certification, the Secretary shall add or
remove the name of the individual on the roll, as
appropriate.
(8) Hearing.--
(A) In general.--The Secretary shall conduct a
hearing on the record within 45 days of the receipt by
the Secretary of--
(i) a certification by the Commission that
an individual does not meet the definition of
Native Hawaiian, as defined in section 2(6)(A)
of this Act; or
(ii) a petition to remove the name of any
individual listed on the roll submitted to the
Secretary by the Commission.
(B) Testimony.--At the hearing conducted in
accordance with this paragraph, the Secretary may
receive testimony from the petitioner, a representative
of the Commission, the individual whose name is the
subject of the petition, and any other individuals who
may have the necessary expertise to provide the
Secretary with relevant information regarding whether
the individual whose name is the subject of a petition
meets the definition of Native Hawaiian, as defined in
section 2(6)(A) of this Act.
(C) Final determination.--Within 30 days of the
date of the conclusion of the hearing conducted in
accordance with this paragraph, the Secretary shall
make a determination regarding whether the individual
whose name is the subject of a petition meets the
definition of Native Hawaiian, as defined in section
2(6)(A) of this Act. Such a determination shall be a
final determination for purposes of judicial review.
(9) Judicial review.--
(A) Final judgment.--The United States District
Court for the District of Hawaii shall have
jurisdiction to review the record of the decision
developed by the Secretary and the Secretary's final
determination under paragraph (8) and shall make a
final judgment regarding such determination.
(B) Notice.--If the district court determines that
an individual's name should be added to the roll
because that individual meets the definition of Native
Hawaiian, as defined in section 2(6)(A) of this Act, or
that an individual's name should be removed from the
roll because that individual does not meet such
definition, the district court shall so advise the
Secretary and the Secretary shall add or remove the
individual's name from the roll, consistent with the
instructions of the district court.
(10) Publication of final roll.--Except for those petitions
which remain the subject of judicial review under the authority
of paragraph (9), the Secretary shall--
(A) publish a final roll in the Federal Register
within 290 days of the receipt by the Secretary of the
roll prepared under the authority of paragraph (1); and
(B) subsequently publish in the Federal Register
the names of any individuals that the district court
directs be added or removed from the roll.
(11) Effect of publication.--The publication of the final
roll shall serve as the basis for the eligibility of adult
members listed on the roll to participate in all referenda and
elections associated with the organization of a Native Hawaiian
Interim Governing Council.
(b) Organization of the Native Hawaiian Interim Governing
Council.--
(1) Organization.--
(A) Date of general meeting.--Within 90 days of the
date of the publication of the final roll in the
Federal Register, the Secretary shall announce the date
of a general meeting of the adult members of those
listed on the roll to nominate candidates from among
the adult members listed on the roll for election to
the Native Hawaiian Interim Governing Council. The
criteria for candidates to serve on the Native Hawaiian
Interim Governing Council shall be developed by the
adult members listed on the roll at the general
meeting. The general meeting may consist of meetings on
each island or at such sites as to secure the maximum
participation of the adult members listed on the roll.
Such general meeting (or meetings) shall be held within
30 days of the Secretary's announcement.
(B) Election.--Within 45 days of the general
meeting (or meetings), the Secretary shall 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 Interim
Governing Council from among the nominees submitted to
the Secretary from the general meeting. The ballots
shall provide for write-in votes.
(C) Approval.--The Secretary shall approve the
Native Hawaiian Interim Governing Council elected
pursuant to this subsection if the requirements of this
section relating to the nominating and election process
have been met.
(2) Powers.--
(A) In general.--The Native Hawaiian Interim
Governing Council shall represent 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) Termination.--The Native Hawaiian Interim
Governing Council shall have no power or authority
under this Act after the time which the duly elected
officers of the Native Hawaiian governing body take
office.
(3) Duties.--
(A) Referendum.--The Native Hawaiian Interim
Governing Council shall conduct a referendum of the
adult members listed on the roll for the purpose of
determining (but not limited to) the following:
(i) The proposed elements of the organic
governing documents of a Native Hawaiian
governing body.
(ii) The proposed powers and authorities to
be exercised by a Native Hawaiian governing
body, as well as the proposed privileges and
immunities of a Native Hawaiian governing body.
(iii) The proposed civil rights and
protection of such rights of the members of a
Native Hawaiian governing body and all persons
subject to the authority of a Native Hawaiian
governing body.
(B) Development of organic governing documents.--
Based upon the referendum authorized in subparagraph
(A), the Native Hawaiian Interim Governing Council
shall develop proposed organic governing documents for
a Native Hawaiian governing body.
(C) Distribution.--The Council shall 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 impartial description of the proposed
organic governing documents.
(D) Consultation.--The Native Hawaiian Interim
Governing Council shall freely consult with those
listed on the roll concerning the text and description
of the proposed organic governing documents.
(4) Elections.--
(A) In general.--Upon the request of the Native
Hawaiian Interim Governing Council, the Secretary shall
hold an election for the purpose of ratifying the
proposed organic governing documents. If the Secretary
fails to act within 45 days of the request by the
Council, the Council is authorized to conduct the
election.
(B) Failure to adopt governing documents.--If the
proposed organic governing documents are not adopted by
a majority vote of the adult members listed on the
roll, the Native Hawaiian Interim Governing Council
shall consult with the adult members listed on the roll
to determine which elements of the proposed organic
governing documents were found to be unacceptable, and
based upon such consultation, the Council shall propose changes to the
proposed organic governing documents.
(C) Election.--Upon the request of the Native
Hawaiian Interim Governing Council, the Secretary shall
hold a second election for the purpose of ratifying the
proposed organic governing documents. If the Secretary
fails to act within 45 days of the request by the
Council, the Council is authorized to conduct the
second election.
(c) Organization of the Native Hawaiian Governing Body.--
(1) Recognition of rights.--The right of the Native
Hawaiian governing body of the indigenous, native people of
Hawaii to organize for its common welfare, and to adopt
appropriate organic governing documents is hereby recognized by
the United States.
(2) Ratification.--The organic governing documents of the
Native Hawaiian governing body shall become effective when
ratified by a majority vote of the adult members listed on the
roll, and approved by the Secretary upon the Secretary's
determination that the organic governing documents are
consistent with applicable Federal law and the special trust
relationship between the United States and its native people.
If the Secretary fails to make such a determination within 45
days of the ratification of the organic governing documents by
the adult members listed on the roll, the organic governing
documents shall be deemed to have been approved by the
Secretary.
(3) Election of governing officers.--Within 45 days after
the Secretary has approved the organic governing documents or
the organic governing documents are deemed approved, the
Secretary shall assist the Native Hawaiian Interim Governing
Council in holding an election by secret ballot for the purpose
of determining the individuals who will serve as governing body
officers as provided in the organic governing documents.
(4) Voting eligibility.--For the purpose of this initial
election and notwithstanding any provision in the organic
governing documents to the contrary, absentee balloting shall
be permitted and all adult members of the Native Hawaiian
governing body shall be entitled to vote in the election.
(5) Future elections.--All further elections of governing
body officers shall be conducted as provided for in the organic
governing documents and ordinances adopted in accordance with
this Act.
(6) Revocation; ratification of amendments.--When ratified
by a majority vote of the adult members of those listed on the
roll, the organic governing documents shall be revocable by an
election open to the adult members of the Native Hawaiian
governing body, and amendments to the organic governing
documents may be ratified by the same process.
(7) Additional rights and powers.--In addition to all
powers vested in the Native Hawaiian governing body by the duly
ratified organic governing documents, the organic governing
documents shall also vest in the Native Hawaiian governing body
the rights and powers to--
(A) exercise those governmental authorities that
are recognized by the United States as the powers and
authorities that are exercised by other governments
representing the indigenous, native people of the
United States;
(B) provide for the protection of the civil rights
of the members of the Native Hawaiian governing body
and all persons subject to the authority of the Native
Hawaiian governing body, and to assure that the Native
Hawaiian governing body exercises its authority consistent with the
requirements of section 202 of the Act of April 11, 1968 (25 U.S.C.
1302);
(C) prevent the sale, disposition, lease, or
encumbrance of lands, interests in lands, or other
assets of the Native Hawaiian governing body without
the consent of the Native Hawaiian governing body;
(D) determine the membership in the Native Hawaiian
governing body; and
(E) negotiate with Federal, State, and local
governments, and other entities.
(d) Federal Recognition.--
(1) Recognition.--Notwithstanding any other provision of
law, upon the approval by the Secretary of the organic
governing documents of the Native Hawaiian governing body and
the election of officers of the Native Hawaiian governing body,
Federal recognition is hereby extended to the Native Hawaiian
governing body as the representative governing body of the
Native Hawaiian people.
(2) 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 Hawaiian
people which are not inconsistent with the provisions of this
Act.
(e) Incorporation of the Native Hawaiian Governing Body.--
(1) Charter of incorporation.--Upon petition of the Native
Hawaiian governing body, the Secretary may issue a charter of
incorporation to the Native Hawaiian governing body. Upon the
issuance of such charter of incorporation, the Native Hawaiian
governing body shall have the same status under Federal law
when acting in its corporate capacity as the status of Indian
tribes that have been issued a charter of incorporation under
the authority of section 17 of the Indian Reorganization Act
(25 U.S.C. 477).
(2) Enumerated powers.--Such charter may authorize the
incorporated Native Hawaiian governing body to exercise the
power to purchase, take by gift, bequest, or otherwise, own,
hold, manage, operate, and dispose of property of every
description, real and personal, including the power to purchase
lands and to issue an exchange of interests in corporate
property, and such further powers as may be incidental to the
conduct of corporate business, and that are not inconsistent
with law.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out the activities authorized in sections 4, 6, and
7 of this Act.
SEC. 9. 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 Native
Hawaiians 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 body pursuant to section 7(d) of this Act, the
United States is authorized to negotiate and enter into an agreement
with the State of Hawaii and the Native Hawaiian governing body
regarding the transfer of lands, resources, and assets dedicated to
Native Hawaiian use under existing law as in effect on the date of
enactment of this Act to the Native Hawaiian governing body.
SEC. 10. DISCLAIMER.
Nothing in this Act is intended to serve as a settlement of any
claims against the United States.
SEC. 11. REGULATIONS.
The Secretary is authorized to make such rules and regulations and
such delegations of authority as the Secretary 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 provisions of this Act, and the
amendments made by this Act, shall continue in full force and effect.
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