[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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