[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 81 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 81
A bill to express the policy of the United States regarding the United
States relationship with Native Hawaiians, to provide a process for the
reorganization of a Native Hawaiian government and the recognition by
the United States of the Native Hawaiian government, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22, 2001
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
A bill to express the policy of the United States regarding the United
States relationship with Native Hawaiians, to provide a process for the
reorganization of a Native Hawaiian government and the recognition by
the United States of the Native Hawaiian government, 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 makes the following findings:
(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 Hawaiian
archipelago which is now part of the United States, 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 203,500 acres of land in the Federal territory
that later became the State of Hawaii to address the conditions
of Native Hawaiians.
(6) By setting aside 203,500 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) In 1959, as part of the compact admitting Hawaii into
the United States, Congress established the Ceded Lands Trust
for 5 purposes, 1 of which is the betterment of the conditions
of Native Hawaiians. Such trust consists of approximately
1,800,000 acres of land, submerged lands, and the revenues
derived from such lands, the assets of which have never been
completely inventoried or segregated.
(9) Throughout the years, Native Hawaiians have repeatedly
sought access to the Ceded Lands Trust and its resources and
revenues in order to establish and maintain native settlements
and distinct native communities throughout the State.
(10) The Hawaiian Home Lands and the Ceded Lands provide an
important foundation for the ability of the Native Hawaiian
community to maintain the practice of Native Hawaiian culture,
language, and traditions, and for the survival of the Native
Hawaiian people.
(11) Native Hawaiians have maintained other distinctly
native areas in Hawaii.
(12) 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.
(13) 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.
(14) 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.
(15) 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.
(16) 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.
(17) 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.
(18) 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.
(19) This Act provides for 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 government for the
purpose of giving expression to their rights as native people
to self-determination and self-governance.
(20) 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.
(21) 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 5 purposes, one of which is
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.
(22) 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 final roll, as provided in section
7(a)(3) 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) Ceded lands.--The term ``ceded lands'' means those
lands which were ceded to the United States by the Republic of
Hawaii under the Joint Resolution to provide for annexing the
Hawaiian Islands to the United States of July 7, 1898 (30 Stat.
750), and which were later transferred to the State of Hawaii
in the Act entitled ``An Act to provide for the admission of
the State of Hawaii into the Union'' approved March 18, 1959
(Public Law 86-3; 73 Stat. 4).
(5) 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 (7)(A).
(6) Indigenous, native people.--The term ``indigenous,
native people'' means the lineal descendants of the aboriginal,
indigenous, native people of the United States.
(7) Native hawaiian.--
(A) Prior to the recognition by the United States
of a Native Hawaiian government under the authority of
section 7(d)(2) 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 or
before January 1, 1893, and who occupied and exercised
sovereignty in the Hawaiian archipelago, including the
area that now constitutes the State of Hawaii, and
includes all Native Hawaiians who were eligible in 1921
for the programs authorized by the Hawaiian Homes
Commission Act (42 Stat. 108, chapter 42) and their
lineal descendants.
(B) Following the recognition by the United States
of the Native Hawaiian government under section 7(d)(2)
of this Act, the term ``Native Hawaiian'' shall have
the meaning given to such term in the organic governing
documents of the Native Hawaiian government.
(8) Native hawaiian government.--The term ``Native Hawaiian
government'' means the citizens of the government of the Native
Hawaiian people that is recognized by the United States under
the authority of section 7(d)(2) of this Act.
(9) Native hawaiian interim governing council.--The term
``Native Hawaiian Interim Governing Council'' means the interim
governing council that is organized under section 7(c) of this
Act.
(10) Roll.--The term ``roll'' means the roll that is
developed under the authority of section 7(a) of this Act.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) 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 AND PURPOSE.
(a) 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;
(C) the right to reorganize a Native Hawaiian
government; and
(D) the right to become economically self-
sufficient; and
(5) the United States shall continue to engage in a process
of reconciliation and political relations with the Native
Hawaiian people.
(b) Purpose.--It is the intent of Congress that the purpose of this
Act is to provide a process for the reorganization of a Native Hawaiian
government and for the recognition by the United States of the Native
Hawaiian government for purposes of continuing a government-to-
government relationship.
SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE FOR NATIVE HAWAIIAN
AFFAIRS.
(a) In General.--There is established within the Office of the
Secretary the United States Office for Native Hawaiian Affairs.
(b) Duties of the Office.--The United States Office 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 government
by the United States as provided for in section 7(d)(2) of this
Act, effectuate and coordinate the special trust relationship
between the Native Hawaiian government 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 affect traditional or current Native Hawaiian
practices and matters that may have the potential to
significantly or uniquely affect Native Hawaiian resources,
rights, or lands, and upon the recognition of the Native
Hawaiian government as provided for in section 7(d)(2) of this
Act, fully integrate the principle and practice of meaningful,
regular, and appropriate consultation with the Native Hawaiian
government by providing timely notice to, and consulting with
the Native Hawaiian people and the Native Hawaiian government
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 government 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 government by the United
States as provided for in section 7(d)(2) of this Act, be
responsible for continuing the process of reconciliation with
the Native Hawaiian government; 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(c) of this Act, and the recognition of the Native
Hawaiian government as provided for in section 7(d) of this
Act.
(c) Authority.--The United States Office for Native Hawaiian
Affairs is authorized to enter into a contract with or make grants for
the purposes of the activities authorized or addressed in section 7 of
this Act for a period of 3 years from the date of enactment 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 United States Office for Native
Hawaiian Affairs in the implementation and protection of the rights of
Native Hawaiians and their political, legal, and trust relationship
with the United States, and upon the recognition of the Native Hawaiian
government as provided for in section 7(d)(2) of this Act, in the
implementation and protection of the rights of the Native Hawaiian
government and its political, legal, and trust 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 designated 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 United States Office 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 either of the lead agencies.
(d) Co-Chairs.--The Task Force representative of the United States
Office 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 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 government by the United
States as provided in section 7(d)(2) of this Act, consultation
with the Native Hawaiian government; 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 GOVERNMENT, AND FOR THE
RECOGNITION OF THE NATIVE HAWAIIAN GOVERNMENT.
(a) Roll.--
(1) Preparation of roll.--The United States Office for
Native Hawaiian Affairs shall assist the adult members of the
Native Hawaiian community who wish to participate in the
reorganization of a Native Hawaiian government in preparing a
roll for the purpose of the organization of a Native Hawaiian
Interim Governing Council. The roll shall include the names of
the--
(A) adult members of the Native Hawaiian community
who wish to become citizens of a Native Hawaiian
government and who are--
(i) the lineal descendants of the
aboriginal, indigenous, native people who
resided in the islands that now comprise the
State of Hawaii on or before January 1, 1893,
and who occupied and exercised sovereignty in
the Hawaiian archipelago; or
(ii) Native Hawaiians who were eligible in
1921 for the programs authorized by the
Hawaiian Homes Commission Act (42 Stat. 108,
chapter 42) or their lineal descendants; and
(B) the children of the adult members listed on the
roll prepared under this subsection.
(2) Certification and submission.--
(A) Commission.--
(i) In general.--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(7)(A) of this
Act.
(ii) Membership.--
(I) Appointment.--The Secretary
shall appoint the members of the
Commission in accordance with subclause
(II). Any vacancy on the Commission
shall not affect its powers and shall
be filled in the same manner as the
original appointment.
(II) Requirements.--The members of
the Commission shall be Native
Hawaiian, as defined in section 2(7)(A)
of this Act, and shall have expertise
in the certification of Native Hawaiian
ancestry.
(III) Congressional submission of
suggested candidates.--In appointing
members of the Commission, the
Secretary may choose such members from
among--
(aa) five suggested
candidates submitted by the
Majority Leader of the Senate
and the Minority Leader of the
Senate from a list of
candidates provided to such
leaders by the Chairman and
Vice Chairman of the Committee
on Indian Affairs of the
Senate; and
(bb) four suggested
candidates submitted by the
Speaker of the House of
Representatives and the
Minority Leader of the House of
Representatives from a list
provided to the Speaker and the
Minority Leader by the Chairman
and Ranking member of the
Committee on Resources of the
House of Representatives.
(iii) Expenses.--Each member of the
Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at
rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes
or regular places of business in the
performance of services for the Commission.
(B) Certification.--The Commission shall certify
that the individuals listed on the roll developed under
the authority of this subsection are Native Hawaiians,
as defined in section 2(7)(A) of this Act.
(3) Secretary.--
(A) Certification.--The Secretary shall review the
Commission's certification of the membership roll and
determine whether it is consistent with applicable
Federal law, including the special trust relationship
between the United States and the indigenous, native
people of the United States.
(B) Publication.--Upon making the determination
authorized in subparagraph (A), the Secretary shall
publish a final roll.
(C) Appeal.--
(i) Establishment of mechanism.--The
Secretary is authorized to establish a
mechanism for an appeal of the Commission's
determination as it concerns--
(I) the exclusion of the name of a
person who meets the definition of
Native Hawaiian, as defined in section
2(7)(A) of this Act, from the roll; or
(II) a challenge to the inclusion
of the name of a person on the roll on
the grounds that the person does not
meet the definition of Native Hawaiian,
as so defined.
(ii) Publication; update.--The Secretary
shall publish the final roll while appeals are
pending, and shall update the final roll and
the publication of the final roll upon the
final disposition of any appeal.
(D) Failure to act.--If the Secretary fails to make
the certification authorized in subparagraph (A) within
90 days of the date that the Commission submits the
membership roll to the Secretary, the certification
shall be deemed to have been made, and the Commission
shall publish the final roll.
(4) 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 and the Native Hawaiian government.
(b) Recognition of Rights.--The right of the Native Hawaiian people
to organize for their common welfare and to adopt appropriate organic
governing documents is hereby recognized by the United States.
(c) Organization of the Native Hawaiian Interim Governing
Council.--
(1) Organization.--The adult members listed on the roll
developed under the authority of subsection (a) are authorized
to--
(A) develop criteria for candidates to be elected
to serve on the Native Hawaiian Interim Governing
Council;
(B) determine the structure of the Native Hawaiian
Interim Governing Council; and
(C) elect members to the Native Hawaiian Interim
Governing Council.
(2) Election.--Upon the request of the adult members listed
on the roll developed under the authority of subsection (a),
the United States Office for Native Hawaiian Affairs may 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.
(3) Powers.--
(A) In general.--The Native Hawaiian Interim
Governing Council is authorized to 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) Funding.--The Native Hawaiian Interim Governing
Council is authorized to enter into a contract or grant
with any Federal agency, including but not limited to,
the United States Office for Native Hawaiian Affairs
within the Department of the Interior and the
Administration for Native Americans within the
Department of Health and Human Services, to carry out
the activities set forth in subparagraph (C).
(C) Activities.--
(i) In general.--The Native Hawaiian
Interim Governing Council is authorized to
conduct a referendum of the adult members
listed on the roll developed under the
authority of subsection (a) for the purpose of
determining (but not limited to) the following:
(I) The proposed elements of the
organic governing documents of a Native
Hawaiian government.
(II) The proposed powers and
authorities to be exercised by a Native
Hawaiian government, as well as the
proposed privileges and immunities of a
Native Hawaiian government.
(III) The proposed civil rights and
protection of such rights of the
citizens of a Native Hawaiian
government and all persons subject to
the authority of a Native Hawaiian
government.
(ii) Development of organic governing
documents.--Based upon the referendum, the
Native Hawaiian Interim Governing Council is
authorized to develop proposed organic
governing documents for a Native Hawaiian
government.
(iii) Distribution.--The Native Hawaiian
Interim Governing Council is authorized to
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.
(iv) Consultation.--The Native Hawaiian
Interim Governing Council is authorized to
freely consult with those members listed on the
roll concerning the text and description of the
proposed organic governing documents.
(D) Elections.--
(i) In general.--The Native Hawaiian
Interim Governing Council is authorized to hold
elections for the purpose of ratifying the
proposed organic governing documents, and upon
ratification of the organic governing
documents, to hold elections for the officers
of the Native Hawaiian government.
(ii) Assistance.--Upon the request of the
Native Hawaiian Interim Governing Council, the
United States Office of Native Hawaiian Affairs
may assist the Council in conducting such
elections.
(4) Termination.--The Native Hawaiian Interim Governing
Council shall have no power or authority under this Act after
the time at which the duly elected officers of the Native
Hawaiian government take office.
(d) Recognition of the Native Hawaiian Government.--
(1) Process for recognition.--
(A) Submittal of organic governing documents.--The
duly elected officers of the Native Hawaiian government
shall submit the organic governing documents of the
Native Hawaiian government to the Secretary.
(B) Certifications.--Within 90 days of the date
that the duly elected officers of the Native Hawaiian
government submit the organic governing documents to
the Secretary, the Secretary shall certify that the
organic governing documents--
(i) were adopted by a majority vote of the
adult members listed on the roll prepared under
the authority of subsection (a);
(ii) are consistent with applicable Federal
law and the special trust relationship between
the United States and the indigenous native
people of the United States;
(iii) provide for the exercise of 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;
(iv) provide for the protection of the
civil rights of the citizens of the Native
Hawaiian government and all persons subject to
the authority of the Native Hawaiian
government, and to assure that the Native
Hawaiian government exercises its authority
consistent with the requirements of section 202
of the Act of April 11, 1968 (25 U.S.C. 1302);
(v) prevent the sale, disposition, lease,
or encumbrance of lands, interests in lands, or
other assets of the Native Hawaiian government
without the consent of the Native Hawaiian
government;
(vi) establish the criteria for citizenship
in the Native Hawaiian government; and
(vii) provide authority for the Native
Hawaiian government to negotiate with Federal,
State, and local governments, and other
entities.
(C) Failure to act.--If the Secretary fails to act
within 90 days of the date that the duly elected
officers of the Native Hawaiian government submitted
the organic governing documents of the Native Hawaiian
government to the Secretary, the certifications
authorized in subparagraph (B) shall be deemed to have
been made.
(D) Resubmission in case of noncompliance with
federal law.--
(i) Resubmission by the secretary.--If the
Secretary determines that the organic governing
documents, or any part thereof, are not
consistent with applicable Federal law, the
Secretary shall resubmit the organic governing
documents to the duly elected officers of the
Native Hawaiian government along with a
justification for each of the Secretary's
findings as to why the provisions are not
consistent with such law.
(ii) Amendment and resubmission by the
native hawaiian government.--If the organic
governing documents are resubmitted to the duly
elected officers of the Native Hawaiian
government by the Secretary under clause (i),
the duly elected officers of the Native
Hawaiian government shall--
(I) amend the organic governing
documents to ensure that the documents
comply with applicable Federal law; and
(II) resubmit the amended organic
governing documents to the Secretary
for certification in accordance with
subparagraphs (B) and (C).
(2) Federal recognition.--
(A) Recognition.--Notwithstanding any other
provision of law, upon the election of the officers of
the Native Hawaiian government and the certifications
(or deemed certifications) by the Secretary authorized
in paragraph (1), Federal recognition is hereby
extended to the Native Hawaiian government as the
representative governing body of the Native Hawaiian
people.
(B) 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.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out the activities authorized in this Act.
SEC. 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 government pursuant to section 7(d)(2) of this Act, the United
States is authorized to negotiate and enter into an agreement with the
State of Hawaii and the Native Hawaiian government 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 government.
SEC. 10. DISCLAIMER.
Nothing in this Act is intended to serve as a settlement of any
claims against the United States, or to affect the rights of the Native
Hawaiian people under international law.
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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