[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 344 Reported in Senate (RS)]






                                                       Calendar No. 185
108th CONGRESS
  1st Session
                                 S. 344

                          [Report No. 108-85]

Expressing the policy of the United States regarding the United States 
  relationship with Native Hawaiians and to provide a process for the 
   recognition by the United States of the Native Hawaiian governing 
                    entity, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2003

    Mr. Akaka (for himself, Mr. Inouye, Mr. Reid, and Mr. Stevens) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Indian Affairs

                             June 27, 2003

              Reported by Mr. Campbell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
Expressing the policy of the United States regarding the United States 
  relationship with Native Hawaiians and to provide a process for the 
   recognition by the United States of the Native Hawaiian governing 
                    entity, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (1) The Constitution vests Congress with the 
        authority to address the conditions of the indigenous, native 
        people of the United States.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) The United States has a special trust 
        relationship to promote the welfare of the native people of the 
        United States, including Native Hawaiians.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (11) Native Hawaiians have maintained other 
        distinctly native areas in Hawaii.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (16) Native Hawaiians also give expression to 
        their rights as native people to self-determination and self-
        governance 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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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 
        governing entity for the purpose of giving expression to their 
        rights as native people to self-determination and self-
        governance.</DELETED>
        <DELETED>    (20) The United States has declared that--
        </DELETED>
                <DELETED>    (A) the United States has a special 
                responsibility for the welfare of the native peoples of 
                the United States, including Native 
                Hawaiians;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) Congress has also delegated broad 
                authority to administer a portion of the Federal trust 
                responsibility to the State of Hawaii.</DELETED>
        <DELETED>    (21) The United States has recognized and 
        reaffirmed the special trust relationship with the Native 
        Hawaiian people through 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--</DELETED>
                <DELETED>    (A) 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</DELETED>
                <DELETED>    (B) 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.</DELETED>
        <DELETED>    (22) The United States continually has recognized 
        and reaffirmed that--</DELETED>
                <DELETED>    (A) Native Hawaiians have a cultural, 
                historic, and land-based link to the aboriginal, native 
                people who exercised sovereignty over the Hawaiian 
                Islands;</DELETED>
                <DELETED>    (B) Native Hawaiians have never 
                relinquished their claims to sovereignty or their 
                sovereign lands;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Apology resolution.--The term ``Apology 
        Resolution'' means Public Law 103-150 (107 Stat. 1510), a joint 
        resolution extending 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.</DELETED>
        <DELETED>    (3) 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).</DELETED>
        <DELETED>    (4) Indigenous, native people.--The term 
        ``indigenous, native people'' means the lineal descendants of 
        the aboriginal, indigenous, native people of the United 
        States.</DELETED>
        <DELETED>    (5) Interagency coordinating group.--The term 
        ``Interagency Coordinating Group'' means the Native Hawaiian 
        Interagency Coordinating Group established under section 
        5.</DELETED>
        <DELETED>    (6) Native hawaiian.--</DELETED>
                <DELETED>    (A) Prior to the recognition by the United 
                States of the Native Hawaiian governing entity, the 
                term ``Native Hawaiian'' means the indigenous, native 
                people of Hawaii who are the direct 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.</DELETED>
                <DELETED>    (B) Following the recognition by the 
                United States of the Native Hawaiian governing entity, 
                the term ``Native Hawaiian'' shall have the meaning 
                given to such term in the organic governing documents 
                of the Native Hawaiian governing entity.</DELETED>
        <DELETED>    (7) Native hawaiian governing entity.--The term 
        ``Native Hawaiian governing entity'' means the governing entity 
        organized by the Native Hawaiian people.</DELETED>
        <DELETED>    (8) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 3. UNITED STATES POLICY AND PURPOSE.</DELETED>

<DELETED>    (a) Policy.--The United States reaffirms that--</DELETED>
        <DELETED>    (1) Native Hawaiians are a unique and distinct, 
        indigenous, native people, with whom the United States has a 
        political and legal relationship;</DELETED>
        <DELETED>    (2) the United States has a special trust 
        relationship to promote the welfare of Native 
        Hawaiians;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Hawaiian Homes Commission Act, 
                1920 (42 Stat. 108, chapter 42);</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) more than 150 other Federal laws 
                addressing the conditions of Native 
                Hawaiians;</DELETED>
        <DELETED>    (4) Native Hawaiians have--</DELETED>
                <DELETED>    (A) an inherent right to autonomy in their 
                internal affairs;</DELETED>
                <DELETED>    (B) an inherent right of self-
                determination and self-governance; and</DELETED>
                <DELETED>    (C) the right to reorganize a Native 
                Hawaiian governing entity; and</DELETED>
        <DELETED>    (5) the United States shall continue to engage in 
        a process of reconciliation and political relations with the 
        Native Hawaiian people.</DELETED>
<DELETED>    (b) Purpose.--It is the intent of Congress that the 
purpose of this Act is to provide a process for the recognition by the 
United States of a Native Hawaiian governing entity for purposes of 
continuing a government-to-government relationship.</DELETED>

<DELETED>SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE FOR NATIVE 
              HAWAIIAN RELATIONS.</DELETED>

<DELETED>    (a) In General.--There is established within the Office of 
the Secretary the United States Office for Native Hawaiian 
Relations.</DELETED>
<DELETED>    (b) Duties of the Office.--The United States Office for 
Native Hawaiian Relations shall--</DELETED>
        <DELETED>    (1) effectuate and coordinate the trust 
        relationship between the Native Hawaiian people and the United 
        States, and upon the recognition of the Native Hawaiian 
        governing entity by the United States, between the Native 
        Hawaiian governing entity and the United States through the 
        Secretary, and with all other Federal agencies;</DELETED>
        <DELETED>    (2) continue the process of reconciliation with 
        the Native Hawaiian people, and upon the recognition of the 
        Native Hawaiian governing entity by the United States, continue 
        the process of reconciliation with the Native Hawaiian 
        governing entity;</DELETED>
        <DELETED>    (3) fully integrate the principle and practice of 
        meaningful, regular, and appropriate consultation with the 
        Native Hawaiian governing entity by providing timely notice to, 
        and consulting with the Native Hawaiian people and the Native 
        Hawaiian governing entity prior to taking any actions that may 
        have the potential to significantly affect Native Hawaiian 
        resources, rights, or lands;</DELETED>
        <DELETED>    (4) consult with the Interagency Coordinating 
        Group, 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; 
        and</DELETED>
        <DELETED>    (5) prepare and submit to the Committee on Indian 
        Affairs and the Committee on Energy and Natural Resources of 
        the Senate, and the Committee on Resources of the House of 
        Representatives an annual report detailing the activities of 
        the Interagency Coordinating Group that are undertaken with 
        respect to the continuing process of reconciliation and to 
        effect meaningful consultation with the Native Hawaiian 
        governing entity and providing recommendations for any 
        necessary changes to existing Federal statutes or regulations 
        promulgated under the authority of Federal law.</DELETED>

<DELETED>SEC. 5. NATIVE HAWAIIAN INTERAGENCY COORDINATING 
              GROUP.</DELETED>

<DELETED>    (a) Establishment.--In recognition of the fact that 
Federal programs authorized to address the conditions of Native 
Hawaiians are largely administered by Federal agencies other than the 
Department of the Interior, there is established an interagency 
coordinating group to be known as the ``Native Hawaiian Interagency 
Coordinating Group''.</DELETED>
<DELETED>    (b) Composition.--The Interagency Coordinating Group shall 
be composed of officials, to be designated by the President, from--
</DELETED>
        <DELETED>    (1) each Federal agency that administers Native 
        Hawaiian programs, establishes or implements policies that 
        affect Native Hawaiians, or whose actions may significantly or 
        uniquely impact on Native Hawaiian resources, rights, or lands; 
        and</DELETED>
        <DELETED>    (2) the United States Office for Native Hawaiian 
        Relations established under section 4.</DELETED>
<DELETED>    (c) Lead Agency.--The Department of the Interior shall 
serve as the lead agency of the Interagency Coordinating Group, and 
meetings of the Interagency Coordinating Group shall be convened by the 
lead agency.</DELETED>
<DELETED>    (d) Duties.--The responsibilities of the Interagency 
Coordinating Group shall be--</DELETED>
        <DELETED>    (1) the coordination of Federal programs and 
        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;</DELETED>
        <DELETED>    (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 entity by the 
        United States, consultation with the Native Hawaiian governing 
        entity; and</DELETED>
        <DELETED>    (3) to assure the participation of each Federal 
        agency in the development of the report to Congress authorized 
        in section 4(b)(5).</DELETED>

<DELETED>SEC. 6. PROCESS FOR THE RECOGNITION OF THE NATIVE HAWAIIAN 
              GOVERNING ENTITY.</DELETED>

<DELETED>    (a) Recognition of the Native Hawaiian Governing Entity.--
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.</DELETED>
<DELETED>    (b) Process for Recognition.--</DELETED>
        <DELETED>    (1) Submittal of organic governing documents.--
        Following the organization of the Native Hawaiian governing 
        entity, the adoption of organic governing documents, and the 
        election of officers of the Native Hawaiian governing entity, 
        the duly elected officers of the Native Hawaiian governing 
        entity shall submit the organic governing documents of the 
        Native Hawaiian governing entity to the Secretary.</DELETED>
        <DELETED>    (2) Certifications.--</DELETED>
                <DELETED>    (A) In general.--Within 90 days of the 
                date that the duly elected officers of the Native 
                Hawaiian governing entity submit the organic governing 
                documents to the Secretary, the Secretary shall certify 
                that the organic governing documents--</DELETED>
                        <DELETED>    (i) establish the criteria for 
                        citizenship in the Native Hawaiian governing 
                        entity;</DELETED>
                        <DELETED>    (ii) were adopted by a majority 
                        vote of the citizens of the Native Hawaiian 
                        governing entity;</DELETED>
                        <DELETED>    (iii) provide for the exercise of 
                        governmental authorities by the Native Hawaiian 
                        governing entity;</DELETED>
                        <DELETED>    (iv) provide for the Native 
                        Hawaiian governing entity to negotiate with 
                        Federal, State, and local governments, and 
                        other entities;</DELETED>
                        <DELETED>    (v) prevent the sale, disposition, 
                        lease, or encumbrance of lands, interests in 
                        lands, or other assets of the Native Hawaiian 
                        governing entity without the consent of the 
                        Native Hawaiian governing entity;</DELETED>
                        <DELETED>    (vi) provide for the protection of 
                        the civil rights of the citizens of the Native 
                        Hawaiian governing entity and all persons 
                        subject to the authority of the Native Hawaiian 
                        governing entity, and ensure that the Native 
                        Hawaiian governing entity exercises its 
                        authority consistent with the requirements of 
                        section 202 of the Act of April 11, 1968 (25 
                        U.S.C. 1302); and</DELETED>
                        <DELETED>    (vii) are consistent with 
                        applicable Federal law and the special trust 
                        relationship between the United States and the 
                        indigenous native people of the United 
                        States.</DELETED>
                <DELETED>    (B) By the secretary.--Within 90 days of 
                the date that the duly elected officers of the Native 
                Hawaiian governing entity submit the organic governing 
                documents to the Secretary, the Secretary shall certify 
                that the State of Hawaii supports the recognition of a 
                Native Hawaiian governing entity by the United States 
                as evidenced by a resolution or act of the Hawaii State 
                legislature.</DELETED>
                <DELETED>    (C) Resubmission in case of noncompliance 
                with federal law.--</DELETED>
                        <DELETED>    (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 governing 
                        entity along with a justification for each of 
                        the Secretary's findings as to why the 
                        provisions are not consistent with such 
                        law.</DELETED>
                        <DELETED>    (ii) Amendment and resubmission by 
                        the native hawaiian governing entity.--If the 
                        organic governing documents are resubmitted to 
                        the duly elected officers of the Native 
                        Hawaiian governing entity by the Secretary 
                        under clause (i), the duly elected officers of 
                        the Native Hawaiian governing entity shall--
                        </DELETED>
                                <DELETED>    (I) amend the organic 
                                governing documents to ensure that the 
                                documents comply with applicable 
                                Federal law; and</DELETED>
                                <DELETED>    (II) resubmit the amended 
                                organic governing documents to the 
                                Secretary for certification in 
                                accordance with the requirements of 
                                this paragraph.</DELETED>
                <DELETED>    (D) Certifications deemed made.--The 
                certifications authorized in subparagraph (B) shall be 
                deemed to have been made if the Secretary has not acted 
                within 90 days of the date that the duly elected 
                officers of the Native Hawaiian governing entity have 
                submitted the organic governing documents of the Native 
                Hawaiian governing entity to the Secretary.</DELETED>
        <DELETED>    (3) Federal recognition.--Notwithstanding any 
        other provision of law, upon the election of the officers of 
        the Native Hawaiian governing entity and the certifications by 
        the Secretary required under paragraph (1), the United States 
        hereby extends Federal recognition to the Native Hawaiian 
        governing entity as the representative governing body of the 
        Native Hawaiian people.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There is authorized to be appropriated such sums as may be 
necessary to carry out the activities authorized in this Act.</DELETED>

<DELETED>SEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY; 
              NEGOTIATIONS.</DELETED>

<DELETED>    (a) Reaffirmation.--The delegation by the United States of 
authority to the State of Hawaii to address the conditions of the 
indigenous, native people of Hawaii 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.</DELETED>
<DELETED>    (b) Negotiations.--Upon the Federal recognition of the 
Native Hawaiian governing entity by the United States, the United 
States is authorized to negotiate and enter into an agreement with the 
State of Hawaii and the Native Hawaiian governing entity regarding the 
transfer of lands, resources, and assets dedicated to Native Hawaiian 
use to the Native Hawaiian governing entity. Nothing in this Act is 
intended to serve as a settlement of any claims against the United 
States.</DELETED>

<DELETED>SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS.</DELETED>

<DELETED>    (a) Indian Gaming Regulatory Act.--Nothing contained in 
this Act shall be construed as an authorization for the Native Hawaiian 
governing entity to conduct gaming activities under the authority of 
the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).</DELETED>
<DELETED>    (b) Bureau of Indian Affairs.--Nothing contained in this 
Act shall be construed as an authorization for eligibility to 
participate in any programs and services provided by the Bureau of 
Indian Affairs for any persons not otherwise eligible for such programs 
or services.</DELETED>

<DELETED>SEC. 10. SEVERABILITY.</DELETED>

<DELETED>    In the event that any section or provision of this Act is 
held invalid, it is the intent of Congress that the remaining sections 
or provisions of this Act shall continue in full force and 
effect.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native Hawaiian Recognition Act of 
2003''.

SEC. 2. 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 Hawaiian 
        archipelago that is now part of the United States, are 
        indigenous, native people of the United States;
            (3) the United States has a special political and legal 
        responsibility 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 
        treaties between the United States and the Kingdom of Hawaii, 
        and from 1826 until 1893, the United States--
                    (A) recognized the independence of the Kingdom of 
                Hawaii;
                    (B) accorded full diplomatic recognition to the 
                Kingdom of Hawaii; and
                    (C) 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 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)(A) in 1959, as part of the compact admitting Hawaii 
        into the Union, Congress established a public trust (commonly 
        known as the ``ceded lands trust''), for 5 purposes, 1 of which 
        is the betterment of the conditions of Native Hawaiians;
            (B) the trust consists of lands, including (submerged 
        lands), natural resources, and the revenues derived from the 
        lands; and
            (C) the assets of this public trust have never been 
        completely inventoried or segregated;
            (9) throughout the years, Native Hawaiians have repeatedly 
        sought access to the ceded lands in order to establish and 
        maintain native settlements and distinct native communities 
        throughout the State;
            (10) the Hawaiian Home Lands and other 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 and economic 
        self-sufficiency 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--
                    (A) to acknowledge the ramifications of the 
                overthrow of the Kingdom of Hawaii;
                    (B) to support reconciliation efforts between the 
                United States and Native Hawaiians; and
                    (C) 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, self-governance, and economic self-sufficiency;
            (16) Native Hawaiians also give expression to their rights 
        as native people to self-determination, self-governance, and 
        economic self-sufficiency--
                    (A) through the provision of governmental services 
                to Native Hawaiians, including the provision of--
                            (i) health care services;
                            (ii) educational programs;
                            (iii) employment and training programs;
                            (iv) economic development assistance 
                        programs;
                            (v) children's services;
                            (vi) conservation programs;
                            (vii) fish and wildlife protection;
                            (viii) agricultural programs;
                            (ix) native language immersion programs;
                            (x) native language immersion schools from 
                        kindergarten through high school;
                            (xi) college and master's degree programs 
                        in native language immersion instruction; and
                            (xii) traditional justice programs; and
                    (B) 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 lands 
        and Native Hawaiian political and cultural identity in 
        accordance with their traditions, beliefs, customs and 
        practices, language, and social and political institutions, to 
        control and manage their own lands, including ceded lands, 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 governing entity for 
        the purpose of giving expression to their rights as native 
        people to self-determination and self-governance;
            (20) Congress--
                    (A) has declared that the United States has a 
                special responsibility for the welfare of the native 
                peoples of the United States, including Native 
                Hawaiians;
                    (B) 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) has 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 political and legal relationship with the Native 
        Hawaiian people through 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--
                    (A) 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, 1 of which is for the betterment of the 
                conditions of Native Hawaiians; and
                    (B) 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 that 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 that 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; and
            (23) the State of Hawaii supports the recognition of the 
        Native Hawaiian governing entity by the United States as 
        evidenced by 2 unanimous resolutions enacted by the Hawaii 
        State Legislature in the 2000 and 2001 sessions of the 
        Legislature and by the testimony of the Governor of the State 
        of Hawaii before the Committee on Indian Affairs of the Senate 
        on February 25, 2003.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Aboriginal, indigenous, native people.--The term 
        ``aboriginal, indigenous, native people'' means people whom 
        Congress has recognized as the original inhabitants of the 
        lands and who exercised sovereignty prior to Western contact in 
        the areas that later became part of the United States.
            (2) Adult member.--The term ``adult member'' means a Native 
        Hawaiian who has attained the age of 18 at the time the 
        preparation of the roll authorized under section 7(b)(1)(A) is 
        initiated.
            (3) Apology resolution.--The term ``Apology Resolution'' 
        means Public Law 103-150 (107 Stat. 1510), a Joint Resolution 
        extending 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) Council.--The term ``council'' means the Native 
        Hawaiian Interim Governing Council established under section 
        7(b)(2).
            (5) Indigenous, native people.--The term ``indigenous, 
        native people'' means the lineal descendants of the aboriginal, 
        indigenous, native people of the United States.
            (6) Interagency coordinating group.--The term ``Interagency 
        Coordinating Group'' means the Native Hawaiian Interagency 
        Coordinating Group established under section 6.
            (7) Native hawaiian.--For the purpose of establishing the 
        roll authorized under section 7(b)(1) and before the 
        recognition by the United States of the Native Hawaiian 
        governing entity, the term ``Native Hawaiian'' means--
                    (A) an individual who is a member of the 
                indigenous, native people of Hawaii who are the direct 
                lineal descendants of the aboriginal, indigenous, 
                native people who--
                            (i) resided on or before January 1, 1893, 
                        in the islands that now comprise the State of 
                        Hawaii; and
                            (ii) occupied and exercised sovereignty in 
                        the Hawaiian archipelago, including the area 
                        that now constitutes the State of Hawaii; and
                    (B) an individual who was a Native Hawaiian 
                eligible during 1921 for the programs authorized by the 
                Hawaiian Homes Commission Act (42 Stat. 108, chapter 
                42) (including lineal descendants of that individual).
            (8) Native hawaiian governing entity.--The term ``Native 
        Hawaiian governing entity'' means the governing entity 
        organized by the Native Hawaiian people.
            (9) Office.--The term ``Office'' means the United States 
        Office for Native Hawaiian Relations established under section 
        5(a).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. UNITED STATES POLICY AND PURPOSE.

    (a) Policy.--The United States reaffirms that--
            (1) Native Hawaiians are a unique and distinct, indigenous, 
        native people, with whom the United States has a special 
        political and legal relationship;
            (2) the United States has a special political and legal 
        responsibility 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 
                governing entity; 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.--The purpose of this Act is to provide a process for 
the recognition by the United States of the Native Hawaiian governing 
entity for purposes of continuing a government-to-government 
relationship.

SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RELATIONS.

    (a) Establishment.--There is established within the Office of the 
Secretary the United States Office for Native Hawaiian Relations.
    (b) Duties.--The Office shall--
            (1) effectuate and coordinate the special political and 
        legal responsibility between the Native Hawaiian people and the 
        United States, and on the recognition of the Native Hawaiian 
        governing entity by the United States, between the Native 
        Hawaiian governing entity and the United States through the 
        Secretary, and with all other Federal agencies;
            (2) continue the process of reconciliation with the Native 
        Hawaiian people, and on the recognition of the Native Hawaiian 
        governing entity by the United States, continue the process of 
        reconciliation with the Native Hawaiian governing entity;
            (3) fully integrate the principle and practice of 
        meaningful, regular, and appropriate consultation with the 
        Native Hawaiian governing entity by providing timely notice to, 
        and consulting with, the Native Hawaiian people and the Native 
        Hawaiian governing entity before taking any actions that may 
        have the potential to significantly affect Native Hawaiian 
        resources, rights, or lands;
            (4) consult with the Interagency Coordinating Group, 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; and
            (5) prepare and submit to the Committee on Indian Affairs 
        and the Committee on Energy and Natural Resources of the Senate 
        and the Committee on Resources of the House of Representatives, 
        an annual report detailing the activities of the Interagency 
        Coordinating Group that are undertaken with respect to the 
        continuing process of reconciliation and to effect meaningful 
        consultation with the Native Hawaiian governing entity and 
        providing recommendations for any necessary changes to Federal 
        law or regulations promulgated under the authority of Federal 
        law.

SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING GROUP.

    (a) Establishment.--In recognition that Federal programs authorized 
to address the conditions of Native Hawaiians are largely administered 
by Federal agencies other than the Department of the Interior, there is 
established an interagency coordinating group to be known as the 
``Native Hawaiian Interagency Coordinating Group''.
    (b) Composition.--The Interagency Coordinating Group shall be 
composed of officials, to be designated by the President, from--
            (1) each Federal agency that administers Native Hawaiian 
        programs, establishes or implements policies that affect Native 
        Hawaiians, or whose actions may significantly or uniquely 
        impact Native Hawaiian resources, rights, or lands; and
            (2) the Office.
    (c) Lead Agency.--
            (1) In general.--The Department of the Interior shall serve 
        as the lead agency of the Interagency Coordinating Group.
            (2) Meetings.--The Secretary shall convene meetings of the 
        Interagency Coordinating Group.
    (d) Duties.--The Interagency Coordinating Group shall--
            (1) coordinate Federal programs and policies that affect 
        Native Hawaiians or actions by any agency or agencies of the 
        Federal Government that may significantly or uniquely impact on 
        Native Hawaiian resources, rights, or lands;
            (2) ensure that each Federal agency develops a policy on 
        consultation with the Native Hawaiian people, and on 
        recognition of the Native Hawaiian governing entity by the 
        United States, consultation with the Native Hawaiian governing 
        entity; and
            (3) ensure the participation of each Federal agency in the 
        development of the report to Congress authorized in section 
        5(b)(5).

SEC. 7. PROCESS FOR THE RECOGNITION OF THE NATIVE HAWAIIAN GOVERNING 
              ENTITY.

    (a) Recognition of the Native Hawaiian Governing Entity.--The right 
of the Native Hawaiian people to organize for their common welfare and 
to adopt appropriate organic governing documents is recognized by the 
United States.
    (b) Process for Recognition.--
            (1) Roll.--
                    (A) Preparation of roll.--
                            (i) In general.--The Office, in 
                        consultation with the adult members of the 
                        Native Hawaiian community who elect to 
                        participate in the reorganization of the Native 
                        Hawaiian governing entity, shall prepare and 
                        maintain a roll for the purpose of the 
                        reorganization of the Native Hawaiian governing 
                        entity.
                            (ii) Contents.--The roll shall include the 
                        names of the adult members of the Native 
                        Hawaiian community who elect to participate in 
                        the reorganization of the Native Hawaiian 
                        governing entity.
                    (B) Certification of roll.--
                            (i) In general.--The adult members of the 
                        Native Hawaiian community, in consultation with 
                        the Office, shall certify to the Secretary that 
                        the individuals listed on the roll meet the 
                        definition of section 3(7).
                            (ii) Publication.--On certification of the 
                        roll, the Secretary shall publish the roll.
                    (C) Appeal.--The Secretary may establish a 
                mechanism for an appeal for any person whose name is 
                excluded from the roll who meets the definition under 
                section 3(7).
                    (D) Publication; update.--The Secretary shall--
                            (i) publish the roll regardless of whether 
                        appeals are pending; and
                            (ii) update the roll and the publication of 
                        the roll on the final disposition of any 
                        appeal.
                    (E) Failure to act.--If the Secretary fails to 
                publish the roll, not later than 90 days after the date 
                on which the roll is submitted to the Secretary, the 
                Office shall publish the roll notwithstanding any order 
                or directive issued by the Secretary or any other 
                official of the Department of the Interior to the 
                contrary.
                    (F) Effect of publication.--The publication of the 
                roll shall serve as the basis for the eligibility of 
                adult members of the Native Hawaiian community whose 
                names are listed on the roll to participate in all 
                referenda and elections associated with the 
                reorganization of the Native Hawaiian governing entity.
            (2) Organization of the native hawaiian interim governing 
        council.--
                    (A) Organization.--The adult members of the Native 
                Hawaiian community listed on the roll published under 
                this subsection may--
                            (i) develop criteria for candidates to be 
                        elected to serve on the Native Hawaiian Interim 
                        Governing Council;
                            (ii) determine the structure of the 
                        Council; and
                            (iii) elect members from individuals listed 
                        on the roll published under this subsection to 
                        the Council.
                    (B) Election.--On the request of the adult members 
                of the Native Hawaiian community listed on the roll 
                published under this subsection, the Office may assist 
                individuals listed on the roll in holding an election 
                by secret ballot (including, at the option of the 
                Office, absentee and mail balloting) to elect the 
                membership of the Council.
                    (C) Powers.--
                            (i) In general.--The Council may--
                                    (I) represent individuals on the 
                                roll published under this subsection in 
                                the implementation of this Act; and
                                    (II) shall have no powers other 
                                than powers given to the Council under 
                                this Act.
                            (ii) Funding.--The Council may enter into a 
                        contract with, or obtain a grant from, any 
                        Federal or State agency to carry out clause 
                        (iii).
                            (iii) Activities.--
                                    (I) In general.--The Council may 
                                conduct a referendum among the adult 
                                members of the Native Hawaiian 
                                community listed on the roll published 
                                under this subsection for the purpose 
                                of determining--
                                            (aa) the proposed elements 
                                        of the organic governing 
                                        documents of the Native 
                                        Hawaiian governing entity;
                                            (bb) the proposed criteria 
                                        for citizenship of the Native 
                                        Hawaiian governing entity;
                                            (cc) the proposed powers 
                                        and authorities to be exercised 
                                        by the Native Hawaiian 
                                        governing entity, as well as 
                                        the proposed privileges and 
                                        immunities of the Native 
                                        Hawaiian governing entity;
                                            (dd) the proposed civil 
                                        rights and protection of the 
                                        rights of the citizens of the 
                                        Native Hawaiian governing 
                                        entity and all persons subject 
                                        to the authority of the Native 
                                        Hawaiian governing entity; and
                                            (ee) other issues 
                                        determined appropriate by the 
                                        Council.
                                    (II) Development of organic 
                                governing documents.--Based on the 
                                referendum, the Council may develop 
                                proposed organic governing documents 
                                for the Native Hawaiian governing 
                                entity.
                                    (III) Distribution.--The Council 
                                may distribute to all adult members of 
                                the Native Hawaiian community listed on 
                                the roll published under this 
                                subsection--
                                            (aa) a copy of the proposed 
                                        organic governing documents, as 
                                        drafted by the Council; and
                                            (bb) a brief impartial 
                                        description of the proposed 
                                        organic governing documents.
                                    (IV) Elections.--
                                            (aa) In general.--The 
                                        Council may hold elections for 
                                        the purpose of ratifying the 
                                        proposed organic governing 
documents and, on certification of the organic governing documents by 
the Secretary in accordance with paragraph (4), hold elections of the 
officers of the Native Hawaiian governing entity.
                                            (bb) Assistance.--On the 
                                        request of the Council, the 
                                        Office may assist the Council 
                                        in conducting the elections.
                    (D) Termination.--The Council shall cease to exist, 
                and shall have no power or authority under this Act, 
                after the duly elected officers of the Native Hawaiian 
                governing entity take office.
            (3) Submittal of organic governing documents.--Following 
        the organization of the Native Hawaiian governing entity and 
        the adoption of organic governing documents, the Council shall 
        submit the organic governing documents of the Native Hawaiian 
        governing entity to the Secretary.
            (4) Certifications.--
                    (A) In general.--Not later than 90 days after the 
                date on which the Council submits the organic governing 
                documents to the Secretary, the Secretary shall certify 
                that the organic governing documents--
                            (i) establish the criteria for citizenship 
                        in the Native Hawaiian governing entity;
                            (ii) were adopted by a majority vote of 
                        adult members of the Native Hawaiian community 
                        whose names are listed on the roll published by 
                        the Secretary;
                            (iii) provide for the exercise of 
                        governmental authorities by the Native Hawaiian 
                        governing entity;
                            (iv) provide authority for the Native 
                        Hawaiian governing entity to negotiate with 
                        Federal, State, and local governments, and 
                        other entities;
                            (v) prevent the sale, disposition, lease, 
                        or encumbrance of lands, interests in lands, or 
                        other assets of the Native Hawaiian governing 
                        entity without the consent of the Native 
                        Hawaiian governing entity;
                            (vi) provide for the protection of the 
                        civil rights of the citizens of the Native 
                        Hawaiian governing entity and all persons 
                        subject to the authority of the Native Hawaiian 
                        governing entity, and ensure that the Native 
                        Hawaiian governing entity exercises its 
                        authority in a manner consistent with section 
                        202 of the Act of April 11, 1968 (25 U.S.C. 
                        1302); and
                            (vii) are consistent with applicable 
                        Federal law and the special political and legal 
                        relationship between the United States and the 
                        indigenous native people of the United States.
                    (B) 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 of the documents, are 
                        not consistent with applicable Federal law, the 
                        Secretary shall resubmit the organic governing 
                        documents to the Council, along with a 
                        justification for each of the Secretary's 
                        findings as to why the provisions are not 
                        consistent with the law.
                            (ii) Amendment and resubmission of organic 
                        governing documents.--If the organic governing 
                        documents are resubmitted to the Council by the 
                        Secretary under clause (i), the Council 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 
                                this paragraph.
                    (C) Certifications deemed made.--The certifications 
                under subparagraph (B) shall be deemed to have been 
                made if the Secretary has not acted within 90 days 
                after the date on which the Council has submitted the 
                organic governing documents of the Native Hawaiian 
                governing entity to the Secretary.
            (5) Elections.--On completion of the certifications by the 
        Secretary under paragraph (4), the Council may hold elections 
        of the officers of the Native Hawaiian governing entity.
            (6) Federal recognition.--Notwithstanding any other 
        provision of law, upon the election of the officers of the 
        Native Hawaiian governing entity and the certifications by the 
        Secretary required under paragraph (4), the United States 
        extends Federal recognition to the Native Hawaiian governing 
        entity as the representative governing body of the Native 
        Hawaiian people.

SEC. 8. 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 the 
indigenous, native people of Hawaii 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 
reaffirmed.
    (b) Negotiations.--
            (1) In general.--Upon the Federal recognition of the Native 
        Hawaiian governing entity by the United States, the United 
        States and the State of Hawaii may enter into negotiations with 
        the Native Hawaiian governing entity designed to lead to an 
        agreement addressing such matters as--
                    (A) the transfer of lands, natural resources, and 
                other assets; and
                    (B) the exercise of governmental authority over 
                those lands, natural resources, and other assets.
            (2) Claims.--Nothing in this Act serves as a settlement of 
        any claim against the United States.

SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS.

    (a) Indian Gaming Regulatory Act.--Nothing in this Act authorizes 
the Native Hawaiian governing entity to conduct gaming activities under 
the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
    (b) Bureau of Indian Affairs.--Nothing contained in this Act 
provides an authorization for eligibility to participate in any 
programs and services provided by the Bureau of Indian Affairs for any 
persons not otherwise eligible for the programs or services.

SEC. 10. ETHICS.

    The provisions of section 208(a) of title 18, United States Code, 
prohibiting involvement by a Federal government officer or employee in 
particular matters if the officer or employee, or spouse or minor child 
of the officer or employee, has a financial interest shall not apply to 
Native Hawaiians employed by the Office if the financial interest that 
would be affected by the particular matter involved results solely from 
the status as a Native Hawaiian of the officer or employee, or of the 
spouse or minor child.

SEC. 11. SEVERABILITY.

    If any section or provision of this Act is held invalid, it is the 
intent of Congress that the remaining sections or provisions shall 
continue in full force and effect.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                                       Calendar No. 185

108th CONGRESS

  1st Session

                                 S. 344

                          [Report No. 108-85]

_______________________________________________________________________

                                 A BILL

Expressing the policy of the United States regarding the United States 
  relationship with Native Hawaiians and to provide a process for the 
   recognition by the United States of the Native Hawaiian governing 
                    entity, and for other purposes.

_______________________________________________________________________

                             June 27, 2003

                       Reported with an amendment