[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 147 Reported in Senate (RS)]






                                                       Calendar No. 101
109th CONGRESS
  1st Session
                                 S. 147

                          [Report No. 109-68]

To express 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 25, 2005

   Mr. Akaka (for himself, Mr. Inouye, Mr. Smith, Ms. Cantwell, Ms. 
   Murkowski, Mr. Coleman, Mr. Dorgan, Mr. Stevens, and Mr. Graham) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Indian Affairs

                              May 16, 2005

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

_______________________________________________________________________

                                 A BILL


 
To express 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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Native Hawaiian Government 
Reorganization Act of 2005''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</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 that is now part of the United States, are 
        indigenous, native people of the United States;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) recognized the sovereignty of the 
                Kingdom of Hawaii;</DELETED>
                <DELETED>    (B) accorded full diplomatic recognition 
                to the Kingdom of Hawaii; and</DELETED>
                <DELETED>    (C) entered into treaties and conventions 
                with the Kingdom of Hawaii to govern commerce and 
                navigation in 1826, 1842, 1849, 1875, and 
                1887;</DELETED>
        <DELETED>    (5) pursuant to the Hawaiian Homes Commission Act, 
        1920 (42 Stat. 108, chapter 42), the United States set aside 
        approximately 203,500 acres of land to address the conditions 
        of Native Hawaiians in the Federal territory that later became 
        the State of Hawaii;</DELETED>
        <DELETED>    (6) by setting aside 203,500 acres of land for 
        Native Hawaiian homesteads and farms, the Hawaiian Homes 
        Commission Act assists the members of the Native Hawaiian 
        community in maintaining distinct native settlements throughout 
        the State of Hawaii;</DELETED>
        <DELETED>    (7) approximately 6,800 Native Hawaiian families 
        reside on the Hawaiian Home Lands and approximately 18,000 
        Native Hawaiians who are eligible to reside on the Hawaiian 
        Home Lands are on a waiting list to receive assignments of 
        Hawaiian Home Lands;</DELETED>
        <DELETED>    (8)(A) in 1959, as part of the compact with the 
        United States 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;</DELETED>
        <DELETED>    (B) the public trust consists of lands, including 
        submerged lands, natural resources, and the revenues derived 
        from the lands; and</DELETED>
        <DELETED>    (C) the assets of this public trust have never 
        been completely inventoried or segregated;</DELETED>
        <DELETED>    (9) Native Hawaiians have continuously sought 
        access to the ceded lands in order to establish and maintain 
        native settlements and distinct native communities throughout 
        the State;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (11) Native Hawaiians continue to maintain 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 to the United States their claims to 
        their inherent sovereignty as a people over their national 
        lands, either through the Kingdom of Hawaii or through a 
        plebiscite or referendum;</DELETED>
        <DELETED>    (14) the Apology Resolution expresses the 
        commitment of Congress and the President--</DELETED>
                <DELETED>    (A) to acknowledge the ramifications of 
                the overthrow of the Kingdom of Hawaii;</DELETED>
                <DELETED>    (B) to support reconciliation efforts 
                between the United States and Native Hawaiians; 
                and</DELETED>
                <DELETED>    (C) to consult with Native Hawaiians on 
                the reconciliation process as called for in the Apology 
                Resolution;</DELETED>
        <DELETED>    (15) despite the overthrow of the government of 
        the Kingdom of Hawaii, Native Hawaiians have continued to 
        maintain their separate identity as a distinct native community 
        through cultural, social, and political institutions, and to 
        give expression to their rights as native people to self-
        determination, self-governance, and economic self-
        sufficiency;</DELETED>
        <DELETED>    (16) Native Hawaiians have also given expression 
        to their rights as native people to self-determination, self-
        governance, and economic self-sufficiency--</DELETED>
                <DELETED>    (A) through the provision of governmental 
                services to Native Hawaiians, including the provision 
                of--</DELETED>
                        <DELETED>    (i) health care 
                        services;</DELETED>
                        <DELETED>    (ii) educational 
                        programs;</DELETED>
                        <DELETED>    (iii) employment and training 
                        programs;</DELETED>
                        <DELETED>    (iv) economic development 
                        assistance programs;</DELETED>
                        <DELETED>    (v) children's services;</DELETED>
                        <DELETED>    (vi) conservation 
                        programs;</DELETED>
                        <DELETED>    (vii) fish and wildlife 
                        protection;</DELETED>
                        <DELETED>    (viii) agricultural 
                        programs;</DELETED>
                        <DELETED>    (ix) native language immersion 
                        programs;</DELETED>
                        <DELETED>    (x) native language immersion 
                        schools from kindergarten through high 
                        school;</DELETED>
                        <DELETED>    (xi) college and master's degree 
                        programs in native language immersion 
                        instruction; and</DELETED>
                        <DELETED>    (xii) traditional justice 
                        programs, and</DELETED>
                <DELETED>    (B) 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 generations of Native Hawaiians 
        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;</DELETED>
        <DELETED>    (19) this Act provides a process within the 
        framework of Federal law for the Native Hawaiian people to 
        exercise their inherent rights as a distinct, 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) Congress--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) has identified Native Hawaiians as a 
                distinct group of indigenous, native people of the 
                United States within the scope of its authority under 
                the Constitution, and has enacted scores of statutes on 
                their behalf ; and</DELETED>
                <DELETED>    (C) has delegated broad authority to the 
                State of Hawaii to administer some of the United 
                States' responsibilities as they relate to the Native 
                Hawaiian people and their lands;</DELETED>
        <DELETED>    (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--</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 as a public 
                trust for 5 purposes, 1 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 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 the Act;</DELETED>
        <DELETED>    (22) the United States has continually recognized 
        and reaffirmed that--</DELETED>
                <DELETED>    (A) Native Hawaiians have a cultural, 
                historic, and land-based link to the aboriginal, 
                indigenous, 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 
                indigenous, 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; and</DELETED>
        <DELETED>    (23) the State of Hawaii supports the 
        reaffirmation of the political and legal relationship between 
        the Native Hawaiian governing entity and 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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Aboriginal, indigenous, native people.--The 
        term ``aboriginal, indigenous, native people'' means people 
        whom Congress has recognized as the original inhabitants of the 
        lands that later became part of the United States and who 
        exercised sovereignty in the areas that later became part of 
        the United States.</DELETED>
        <DELETED>    (2) Adult member.--The term ``adult member'' means 
        a Native Hawaiian who has attained the age of 18 and who elects 
        to participate in the reorganization of the Native Hawaiian 
        governing entity.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Commission.--The term ``commission'' means the 
        Commission established under section 7(b) to provide for the 
        certification that those adult members of the Native Hawaiian 
        community listed on the roll meet the definition of Native 
        Hawaiian set forth in paragraph (8).</DELETED>
        <DELETED>    (5) Council.--The term ``council'' means the 
        Native Hawaiian Interim Governing Council established under 
        section 7(c)(2).</DELETED>
        <DELETED>    (6) Indigenous, native people.--The term 
        ``indigenous, native people'' means the lineal descendants of 
        the aboriginal, indigenous, native people of the United 
        States.</DELETED>
        <DELETED>    (7) Interagency coordinating group.--The term 
        ``Interagency Coordinating Group'' means the Native Hawaiian 
        Interagency Coordinating Group established under section 
        6.</DELETED>
        <DELETED>    (8) Native hawaiian.--For the purpose of 
        establishing the roll authorized under section 7(c)(1) and 
        before the reaffirmation of the political and legal 
        relationship between the United States and the Native Hawaiian 
        governing entity, the term ``Native Hawaiian'' means--
        </DELETED>
                <DELETED>    (A) an individual who is one of the 
                indigenous, native people of Hawaii and who is a direct 
                lineal descendant of the aboriginal, indigenous, native 
                people who--</DELETED>
                        <DELETED>    (i) resided in the islands that 
                        now comprise the State of Hawaii on or before 
                        January 1, 1893; and</DELETED>
                        <DELETED>    (ii) occupied and exercised 
                        sovereignty in the Hawaiian archipelago, 
                        including the area that now constitutes the 
                        State of Hawaii; or</DELETED>
                <DELETED>    (B) an individual who is one of the 
                indigenous, native people of Hawaii and who was 
                eligible in 1921 for the programs authorized by the 
                Hawaiian Homes Commission Act (42 Stat. 108, chapter 
                42) or a direct lineal descendant of that 
                individual.</DELETED>
        <DELETED>    (9) Native hawaiian governing entity.--The term 
        ``Native Hawaiian Governing Entity'' means the governing entity 
        organized by the Native Hawaiian people pursuant to this 
        Act.</DELETED>
        <DELETED>    (10) Office.--The term ``Office'' means the United 
        States Office for Native Hawaiian Relations established by 
        section 5(a).</DELETED>
        <DELETED>    (11) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 4. 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 
        special political and legal relationship;</DELETED>
        <DELETED>    (2) the United States has a special political and 
        legal relationship with the Native Hawaiian people which 
        includes promoting the welfare of Native Hawaiians;</DELETED>
        <DELETED>    (3) Congress possesses the authority under the 
        Constitution, including but not limited to Article I, section 
        8, clause 3, 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;</DELETED>
                <DELETED>    (C) the right to reorganize a Native 
                Hawaiian governing entity; and</DELETED>
                <DELETED>    (D) the right to become economically self-
                sufficient; 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.--The purpose of this Act is to provide a 
process for the reorganization of the Native Hawaiian governing entity 
and the reaffirmation of the political and legal relationship between 
the United States and the Native Hawaiian governing entity for purposes 
of continuing a government-to-government relationship.</DELETED>

<DELETED>SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN 
              RELATIONS.</DELETED>

<DELETED>    (a) Establishment.--There is established within the Office 
of the Secretary, the United States Office for Native Hawaiian 
Relations.</DELETED>
<DELETED>    (b) Duties.--The Office shall--</DELETED>
        <DELETED>    (1) continue the process of reconciliation with 
        the Native Hawaiian people in furtherance of the Apology 
        Resolution;</DELETED>
        <DELETED>    (2) upon the reaffirmation of the political and 
        legal relationship between the Native Hawaiian governing entity 
        and the United States, effectuate and coordinate the special 
        political and legal relationship between the Native Hawaiian 
        governing entity and the United States through the Secretary, 
        and with all other Federal agencies;</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 before 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, the Governor of the State of 
        Hawaii and 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 Federal law or regulations promulgated 
        under the authority of Federal law.</DELETED>

<DELETED>SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING 
              GROUP.</DELETED>

<DELETED>    (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''.</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 Native Hawaiian resources, rights, or lands; 
        and</DELETED>
        <DELETED>    (2) the Office.</DELETED>
<DELETED>    (c) Lead Agency.--</DELETED>
        <DELETED>    (1) In general.--The Department of the Interior 
        shall serve as the lead agency of the Interagency Coordinating 
        Group.</DELETED>
        <DELETED>    (2) Meetings.--The Secretary shall convene 
        meetings of the Interagency Coordinating Group.</DELETED>
<DELETED>    (d) Duties.--The Interagency Coordinating Group shall--
</DELETED>
        <DELETED>    (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 
        affect Native Hawaiian resources, rights, or lands;</DELETED>
        <DELETED>    (2) ensure that each Federal agency develops a 
        policy on consultation with the Native Hawaiian people, and 
        upon the reaffirmation of the political and legal relationship 
        between the Native Hawaiian governing entity and the United 
        States, consultation with the Native Hawaiian governing entity; 
        and</DELETED>
        <DELETED>    (3) ensure the participation of each Federal 
        agency in the development of the report to Congress authorized 
        in section 5(b)(5).</DELETED>

<DELETED>SEC. 7. PROCESS FOR THE REORGANIZATION OF THE NATIVE HAWAIIAN 
              GOVERNING ENTITY AND THE REAFFIRMATION OF THE POLITICAL 
              AND LEGAL RELATIONSHIP BETWEEN THE UNITED STATES AND THE 
              NATIVE HAWAIIAN GOVERNING ENTITY.</DELETED>

<DELETED>    (a) Recognition of the Native Hawaiian Governing Entity.--
The right of the Native Hawaiian people to reorganize the Native 
Hawaiian governing entity to provide for their common welfare and to 
adopt appropriate organic governing documents is recognized by the 
United States.</DELETED>
<DELETED>    (b) Commission.--</DELETED>
        <DELETED>    (1) In general.--There is authorized to be 
        established a Commission to be composed of nine members for the 
        purposes of--</DELETED>
                <DELETED>    (A) preparing and maintaining a roll of 
                the adult members of the Native Hawaiian community who 
                elect to participate in the reorganization of the 
                Native Hawaiian governing entity; and</DELETED>
                <DELETED>    (B) certifying that the adult members of 
                the Native Hawaiian community proposed for inclusion on 
                the roll meet the definition of Native Hawaiian in 
                paragraph (8) of section 3.</DELETED>
        <DELETED>    (2) Membership.--</DELETED>
                <DELETED>    (A) Appointment.--Within 180 days of the 
                date of enactment of this Act, the Secretary shall 
                appoint the members of the Commission in accordance 
                with subclause (B). Any vacancy on the Commission shall 
                not affect its powers and shall be filled in the same 
                manner as the original appointment.</DELETED>
                <DELETED>    (B) Requirements.--The members of the 
                Commission shall be Native Hawaiian, as defined in 
                section 3(8), and shall have expertise in the 
                determination of Native Hawaiian ancestry and lineal 
                descendancy.</DELETED>
        <DELETED>    (3) 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.</DELETED>
        <DELETED>    (4) Duties.--The Commission shall--</DELETED>
                <DELETED>    (A) prepare and maintain a roll of the 
                adult members of the Native Hawaiian community who 
                elect to participate in the reorganization of the 
                Native Hawaiian governing entity; and</DELETED>
                <DELETED>    (B) certify that each of the adult members 
                of the Native Hawaiian community proposed for inclusion 
                on the roll meets the definition of Native Hawaiian in 
                section 3(8).</DELETED>
        <DELETED>    (5) Staff.--</DELETED>
                <DELETED>    (A) In general.--The Commission may, 
                without regard to the civil service laws (including 
                regulations), appoint and terminate an executive 
                director and such other additional personnel as are 
                necessary to enable the Commission to perform the 
                duties of the Commission.</DELETED>
                <DELETED>    (B) Compensation.--</DELETED>
                        <DELETED>    (i) In general.--Except as 
                        provided in clause (ii), the Commission may fix 
                        the compensation of the executive director and 
                        other personnel without regard to the 
                        provisions of chapter 51 and subchapter III of 
                        chapter 53 of title 5, United States Code, 
                        relating to classification of positions and 
                        General Schedule pay rates.</DELETED>
                        <DELETED>    (ii) Maximum rate of pay.--The 
                        rate of pay for the executive director and 
                        other personnel shall not exceed the rate 
                        payable for level V of the Executive Schedule 
                        under section 5316 of title 5, United States 
                        Code.</DELETED>
        <DELETED>    (6) Detail of federal government employees.--
        </DELETED>
                <DELETED>    (A) In general.--An employee of the 
                Federal Government may be detailed to the Commission 
                without reimbursement.</DELETED>
                <DELETED>    (B) Civil service status.--The detail of 
                the employee shall be without interruption or loss of 
                civil service status or privilege.</DELETED>
        <DELETED>    (7) Procurement of temporary and intermittent 
        services.--The Commission may procure temporary and 
        intermittent services in accordance with section 3109(b) of 
        title 5, United States Code, at rates for individuals that do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of that title.</DELETED>
        <DELETED>    (8) Expiration.--The Secretary shall dissolve the 
        Commission upon the reaffirmation of the political and legal 
        relationship between the Native Hawaiian governing entity and 
        the United States.</DELETED>
<DELETED>    (c) Process for the Reorganization of the Native Hawaiian 
Governing Entity.--</DELETED>
        <DELETED>    (1) Roll.--</DELETED>
                <DELETED>    (A) 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 
                and are certified to be Native Hawaiian as defined in 
                section 3(8) by the Commission.</DELETED>
                <DELETED>    (B) Formation of roll.--Each adult member 
                of the Native Hawaiian community who elects to 
                participate in the reorganization of the Native 
                Hawaiian governing entity shall submit to the 
                Commission documentation in the form established by the 
                Commission that is sufficient to enable the Commission 
                to determine whether the individual meets the 
                definition of Native Hawaiian in section 
                3(8).</DELETED>
                <DELETED>    (C) Documentation.--The Commission shall--
                </DELETED>
                        <DELETED>    (i) identify the types of 
                        documentation that may be submitted to the 
                        Commission that would enable the Commission to 
                        determine whether an individual meets the 
                        definition of Native Hawaiian in section 
                        3(8);</DELETED>
                        <DELETED>    (ii) establish a standard format 
                        for the submission of documentation; 
                        and</DELETED>
                        <DELETED>    (iii) publish information related 
                        to clauses (i) and (ii) in the Federal 
                        Register.</DELETED>
                <DELETED>    (D) Consultation.--In making 
                determinations that each of the adult members of the 
                Native Hawaiian community proposed for inclusion on the 
                roll meets the definition of Native Hawaiian in section 
                3(8), the Commission may consult with Native Hawaiian 
                organizations, agencies of the State of Hawaii 
                including but not limited to the Department of Hawaiian 
                Home Lands, the Office of Hawaiian Affairs, and the 
                State Department of Health, and other entities with 
                expertise and experience in the determination of Native 
                Hawaiian ancestry and lineal descendancy.</DELETED>
                <DELETED>    (E) Certification and submittal of roll to 
                secretary.--The Commission shall--</DELETED>
                        <DELETED>    (i) submit the roll containing the 
                        names of the adult members of the Native 
                        Hawaiian community who meet the definition of 
                        Native Hawaiian in section 3(8) to the 
                        Secretary within two years from the date on 
                        which the Commission is fully composed; 
                        and</DELETED>
                        <DELETED>    (ii) certify to the Secretary that 
                        each of the adult members of the Native 
                        Hawaiian community proposed for inclusion on 
                        the roll meets the definition of Native 
                        Hawaiian in section 3(8).</DELETED>
                <DELETED>    (F) Publication.--Upon certification by 
                the Commission to the Secretary that those listed on 
                the roll meet the definition of Native Hawaiian in 
                section 3(8), the Secretary shall publish the roll in 
                the Federal Register.</DELETED>
                <DELETED>    (G) Appeal.--The Secretary may establish a 
                mechanism for an appeal for any person whose name is 
                excluded from the roll who claims to meet the 
                definition of Native Hawaiian in section 3(8) and to be 
                18 years of age or older.</DELETED>
                <DELETED>    (H) Publication; update.--The Secretary 
                shall--</DELETED>
                        <DELETED>    (i) publish the roll regardless of 
                        whether appeals are pending;</DELETED>
                        <DELETED>    (ii) update the roll and the 
                        publication of the roll on the final 
                        disposition of any appeal; and</DELETED>
                        <DELETED>    (iii) update the roll to include 
                        any Native Hawaiian who has attained the age of 
                        18 and who has been certified by the Commission 
                        as meeting the definition of Native Hawaiian in 
                        section 3(8) after the initial publication of 
                        the roll or after any subsequent publications 
                        of the roll.</DELETED>
                <DELETED>    (I) 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 Commission 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.</DELETED>
                <DELETED>    (J) Effect of publication.--The 
                publication of the initial and updated roll shall serve 
                as the basis for the eligibility of adult members of 
                the Native Hawaiian community whose names are listed on 
                those rolls to participate in the reorganization of the 
                Native Hawaiian governing entity.</DELETED>
        <DELETED>    (2) Organization of the native hawaiian interim 
        governing council.--</DELETED>
                <DELETED>    (A) Organization.--The adult members of 
                the Native Hawaiian community listed on the roll 
                published under this section may--</DELETED>
                        <DELETED>    (i) develop criteria for 
                        candidates to be elected to serve on the Native 
                        Hawaiian Interim Governing Council;</DELETED>
                        <DELETED>    (ii) determine the structure of 
                        the Council; and</DELETED>
                        <DELETED>    (iii) elect members from 
                        individuals listed on the roll published under 
                        this subsection to the Council.</DELETED>
                <DELETED>    (B) Powers.--</DELETED>
                        <DELETED>    (i) In general.--The Council--
                        </DELETED>
                                <DELETED>    (I) may represent those 
                                listed on the roll published under this 
                                section in the implementation of this 
                                Act; and</DELETED>
                                <DELETED>    (II) shall have no powers 
                                other than powers given to the Council 
                                under this Act.</DELETED>
                        <DELETED>    (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).</DELETED>
                        <DELETED>    (iii) Activities.--</DELETED>
                                <DELETED>    (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 the proposed 
                                elements of the organic governing 
                                documents of the Native Hawaiian 
                                governing entity, including but not 
                                limited to--</DELETED>
                                        <DELETED>    (aa) the proposed 
                                        criteria for citizenship of the 
                                        Native Hawaiian governing 
                                        entity;</DELETED>
                                        <DELETED>    (bb) 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;</DELETED>
                                        <DELETED>    (cc) the proposed 
                                        civil rights and protection of 
                                        the rights of the citizens of 
                                        the Native Hawaiian governing 
                                        entity and all persons affected 
                                        by the exercise of governmental 
                                        powers and authorities of the 
                                        Native Hawaiian governing 
                                        entity; and</DELETED>
                                        <DELETED>    (dd) other issues 
                                        determined appropriate by the 
                                        Council.</DELETED>
                                <DELETED>    (II) Development of 
                                organic governing documents.--Based on 
                                the referendum, the Council may develop 
                                proposed organic governing documents 
                                for the Native Hawaiian governing 
                                entity.</DELETED>
                                <DELETED>    (III) Distribution.--The 
                                Council may distribute to all adult 
                                members of the Native Hawaiian 
                                community listed on the roll published 
                                under this subsection--</DELETED>
                                        <DELETED>    (aa) a copy of the 
                                        proposed organic governing 
                                        documents, as drafted by the 
                                        Council; and</DELETED>
                                        <DELETED>    (bb) a brief 
                                        impartial description of the 
                                        proposed organic governing 
                                        documents;</DELETED>
                                <DELETED>    (IV) Elections.--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 pursuant to 
                                paragraph (5).</DELETED>
        <DELETED>    (3) Submittal of organic governing documents.--
        Following the reorganization 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.</DELETED>
        <DELETED>    (4) Certifications.--</DELETED>
                <DELETED>    (A) In general.--Within the context of the 
                future negotiations to be conducted under the authority 
                of section 8(b)(1), and the subsequent actions by the 
                Congress and the State of Hawaii to enact legislation 
                to implement the agreements of the 3 governments, 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--</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 adult members of the Native 
                        Hawaiian community whose names are listed on 
                        the roll published by the Secretary;</DELETED>
                        <DELETED>    (iii) provide authority for the 
                        Native Hawaiian governing entity to negotiate 
                        with Federal, State, and local governments, and 
                        other entities;</DELETED>
                        <DELETED>    (iv) provide for the exercise of 
                        governmental authorities by the Native Hawaiian 
                        governing entity, including any authorities 
                        that may be delegated to the Native Hawaiian 
                        governing entity by the United States and the 
                        State of Hawaii following negotiations 
                        authorized in section 8(b)(1) and the enactment 
                        of legislation to implement the agreements of 
                        the 3 governments;</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 
                        affected by the exercise of governmental powers 
                        and authorities by the Native Hawaiian 
                        governing entity; and</DELETED>
                        <DELETED>    (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; provided that the 
                        provisions of Public Law 103-454, 25 U.S.C. 
                        479a, shall not apply.</DELETED>
                <DELETED>    (B) Resubmission in case of noncompliance 
                with the requirements of subparagraph (a).--</DELETED>
                        <DELETED>    (i) Resubmission by the 
                        secretary.--If the Secretary determines that 
                        the organic governing documents, or any part of 
                        the documents, do not meet all of the 
                        requirements set forth in subparagraph (A), 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 in 
                        full compliance.</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) amend the organic 
                                governing documents to ensure that the 
                                documents meet all the requirements set 
                                forth in subparagraph (A); 
                                and</DELETED>
                                <DELETED>    (II) resubmit the amended 
                                organic governing documents to the 
                                Secretary for certification in 
                                accordance with this 
                                paragraph.</DELETED>
                <DELETED>    (C) Certifications deemed made.--The 
                certifications under paragraph (4) 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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Reaffirmation.--Notwithstanding any other 
        provision of law, upon the certifications required under 
        paragraph (4) and the election of the officers of the Native 
        Hawaiian governing entity, the political and legal relationship 
        between the United States and the Native Hawaiian governing 
        entity is hereby reaffirmed and the United States extends 
        Federal recognition to the Native Hawaiian governing entity as 
        the representative governing body of the Native Hawaiian 
        people.</DELETED>

<DELETED>SEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY; 
              NEGOTIATIONS; CLAIMS.</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. 4), is 
reaffirmed.</DELETED>
<DELETED>    (b) Negotiations.--</DELETED>
        <DELETED>    (1) In general.--Upon the reaffirmation of the 
        political and legal relationship between the United States and 
        the Native Hawaiian governing entity, 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--</DELETED>
                <DELETED>    (A) the transfer of lands, natural 
                resources, and other assets, and the protection of 
                existing rights related to such lands or 
                resources;</DELETED>
                <DELETED>    (B) the exercise of governmental authority 
                over any transferred lands, natural resources, and 
                other assets, including land use;</DELETED>
                <DELETED>    (C) the exercise of civil and criminal 
                jurisdiction;</DELETED>
                <DELETED>    (D) the delegation of governmental powers 
                and authorities to the Native Hawaiian governing entity 
                by the United States and the State of Hawaii; 
                and</DELETED>
                <DELETED>    (E) any residual responsibilities of the 
                United States and the State of Hawaii.</DELETED>
        <DELETED>    (2) Amendments to existing laws.--Upon agreement 
        on any matter or matters negotiated with the United States, the 
        State of Hawaii, and the Native Hawaiian governing entity, the 
        parties are authorized to submit--</DELETED>
                <DELETED>    (A) 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, recommendations for 
                proposed amendments to Federal law that will enable the 
                implementation of agreements reached between the 3 
                governments; and</DELETED>
                <DELETED>    (B) to the Governor and the legislature of 
                the State of Hawaii, recommendations for proposed 
                amendments to State law that will enable the 
                implementation of agreements reached between the 3 
                governments.</DELETED>
<DELETED>    (c) Claims.--</DELETED>
        <DELETED>    (1) In general.--Nothing in this Act serves as a 
        settlement of any claim against the United States.</DELETED>
        <DELETED>    (2) Statute of limitations.--Any claim against the 
        United States arising under Federal law that--</DELETED>
                <DELETED>    (A) is in existence on the date of 
                enactment of this Act;</DELETED>
                <DELETED>    (B) is asserted by the Native Hawaiian 
                governing entity on behalf of the Native Hawaiian 
                people; and</DELETED>
                <DELETED>    (C) relates to the legal and political 
                relationship between the United States and the Native 
                Hawaiian people;</DELETED>
        <DELETED>shall be brought in the court of jurisdiction over 
        such claims not later than 20 years after the date on which 
        Federal recognition is extended to the Native Hawaiian 
        governing entity under section 7(c)(6).</DELETED>

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

<DELETED>    (a) Indian Gaming Regulatory Act.--Nothing in this Act 
shall be construed to authorize 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 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.</DELETED>

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

<DELETED>    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.</DELETED>

<DELETED>SEC. 11. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as are 
necessary to carry out this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native Hawaiian Government 
Reorganization Act of 2005''.

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 sovereignty of the Kingdom of 
                Hawaii;
                    (B) accorded full diplomatic recognition to the 
                Kingdom of Hawaii; and
                    (C) entered into treaties and conventions with the 
                Kingdom of Hawaii 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 
        approximately 203,500 acres of land to address the conditions 
        of Native Hawaiians in the Federal territory that later became 
        the State of Hawaii;
            (6) by setting aside 203,500 acres of land for Native 
        Hawaiian homesteads and farms, the Hawaiian Homes Commission 
        Act assists the members of the Native Hawaiian community in 
        maintaining distinct native settlements throughout the State of 
        Hawaii;
            (7) approximately 6,800 Native Hawaiian families reside on 
        the Hawaiian Home Lands and approximately 18,000 Native 
        Hawaiians who are eligible to reside on the Hawaiian Home Lands 
        are on a waiting list to receive assignments of Hawaiian Home 
        Lands;
            (8)(A) in 1959, as part of the compact with the United 
        States 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 public 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) Native Hawaiians have continuously 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 continue to maintain 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 to the United States their claims to their 
        inherent sovereignty as a people over their national lands, 
        either through the Kingdom of Hawaii 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 consult with Native Hawaiians on the 
                reconciliation process as called for in the Apology 
                Resolution;
            (15) despite the overthrow of the government of the Kingdom 
        of Hawaii, Native Hawaiians have continued to maintain their 
        separate identity as a distinct native community through 
        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 have also given 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 generations of Native Hawaiians 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 a process within the framework of 
        Federal law for the Native Hawaiian people to exercise their 
        inherent rights as a distinct, 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 
                group of indigenous, native people of the United States 
                within the scope of its authority under the 
                Constitution, and has enacted scores of statutes on 
                their behalf ; and
                    (C) has delegated broad authority to the State of 
                Hawaii to administer some of the United States' 
                responsibilities as they relate to the Native Hawaiian 
                people and their lands;
            (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 as a 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 the Act;
            (22) the United States has continually recognized and 
        reaffirmed that--
                    (A) Native Hawaiians have a cultural, historic, and 
                land-based link to the aboriginal, indigenous, 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 
                indigenous, 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 reaffirmation of the 
        political and legal relationship between the Native Hawaiian 
        governing entity and 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, 
        and March 1, 2005.

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 that later became part of the United States and who 
        exercised sovereignty 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 and who elects to 
        participate in the reorganization of the Native Hawaiian 
        governing entity.
            (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) Commission.--The term ``commission'' means the 
        Commission established under section 7(b) to provide for the 
        certification that those adult members of the Native Hawaiian 
        community listed on the roll meet the definition of Native 
        Hawaiian set forth in paragraph (10).
            (5) Council.--The term ``council'' means the Native 
        Hawaiian Interim Governing Council established under section 
        7(c)(2).
            (6) Indian program or service.--
                    (A) In general.--The term ``Indian program or 
                service'' means any federally funded or authorized 
                program or service provided to an Indian tribe (or 
                member of an Indian tribe) because of the status of the 
                members of the Indian tribe as Indians.
                    (B) Inclusions.--The term ``Indian program or 
                service'' includes a program or service provided by the 
                Bureau of Indian Affairs, the Indian Health Service, or 
                any other Federal agency.
            (7) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (8) Indigenous, native people.--The term ``indigenous, 
        native people'' means the lineal descendants of the aboriginal, 
        indigenous, native people of the United States.
            (9) Interagency coordinating group.--The term ``Interagency 
        Coordinating Group'' means the Native Hawaiian Interagency 
        Coordinating Group established under section 6.
            (10) Native hawaiian.--
                    (A) In general.--Subject to subparagraph (B), for 
                the purpose of establishing the roll authorized under 
                section 7(c)(1) and before the reaffirmation of the 
                political and legal relationship between the United 
                States and the Native Hawaiian governing entity, the 
                term ``Native Hawaiian'' means--
                            (i) an individual who is 1 of the 
                        indigenous, native people of Hawaii and who is 
                        a direct lineal descendant of the aboriginal, 
                        indigenous, native people who--
                                    (I) resided in the islands that now 
                                comprise the State of Hawaii on or 
                                before January 1, 1893; and
                                    (II) occupied and exercised 
                                sovereignty in the Hawaiian 
                                archipelago, including the area that 
                                now constitutes the State of Hawaii; or
                            (ii) an individual who is 1 of the 
                        indigenous, native people of Hawaii and who was 
                        eligible in 1921 for the programs authorized by 
                        the Hawaiian Homes Commission Act (42 Stat. 
                        108, chapter 42) or a direct lineal descendant 
                        of that individual.
                    (B) No effect on other definitions.--Nothing in 
                this paragraph affects the definition of the term 
                ``Native Hawaiian'' under any other Federal or State 
                law (including a regulation).
            (11) Native hawaiian governing entity.--The term ``Native 
        Hawaiian Governing Entity'' means the governing entity 
        organized by the Native Hawaiian people pursuant to this Act.
            (12) Native hawaiian program or service.--The term ``Native 
        Hawaiian program or service'' means any program or service 
        provided to Native Hawaiians because of their status as Native 
        Hawaiians.
            (13) Office.--The term ``Office'' means the United States 
        Office for Native Hawaiian Relations established by section 
        5(a).
            (14) 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 
        relationship with the Native Hawaiian people which includes 
        promoting the welfare of Native Hawaiians;
            (3) Congress possesses the authority under the 
        Constitution, including but not limited to Article I, section 
        8, clause 3, 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 reorganization of the Native Hawaiian governing entity and the 
reaffirmation of the political and legal relationship between the 
United States and 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) continue the process of reconciliation with the Native 
        Hawaiian people in furtherance of the Apology Resolution;
            (2) upon the reaffirmation of the political and legal 
        relationship between the Native Hawaiian governing entity and 
        the United States, effectuate and coordinate the special 
        political and legal relationship between the Native Hawaiian 
        governing entity 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 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, the Governor of the State of Hawaii and 
        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 affect 
        Native Hawaiian resources, rights, or lands;
            (2) ensure that each Federal agency develops a policy on 
        consultation with the Native Hawaiian people, and upon the 
        reaffirmation of the political and legal relationship between 
        the Native Hawaiian governing entity and 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 REORGANIZATION OF THE NATIVE HAWAIIAN GOVERNING 
              ENTITY AND THE REAFFIRMATION OF THE POLITICAL AND LEGAL 
              RELATIONSHIP BETWEEN THE UNITED STATES AND THE NATIVE 
              HAWAIIAN GOVERNING ENTITY.

    (a) Recognition of the Native Hawaiian Governing Entity.--The right 
of the Native Hawaiian people to reorganize the Native Hawaiian 
governing entity to provide for their common welfare and to adopt 
appropriate organic governing documents is recognized by the United 
States.
    (b) Commission.--
            (1) In general.--There is authorized to be established a 
        Commission to be composed of nine members for the purposes of--
                    (A) preparing and maintaining a roll of the adult 
                members of the Native Hawaiian community who elect to 
                participate in the reorganization of the Native 
                Hawaiian governing entity; and
                    (B) certifying that the adult members of the Native 
                Hawaiian community proposed for inclusion on the roll 
                meet the definition of Native Hawaiian in section 
                3(10).
            (2) Membership.--
                    (A) Appointment.--Within 180 days of the date of 
                enactment of this Act, the Secretary shall appoint the 
                members of the Commission in accordance with subclause 
                (B). Any vacancy on the Commission shall not affect its 
                powers and shall be filled in the same manner as the 
                original appointment.
                    (B) Requirements.--The members of the Commission 
                shall be Native Hawaiian, as defined in section 3(10), 
                and shall have expertise in the determination of Native 
                Hawaiian ancestry and lineal descendancy.
            (3) 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.
            (4) Duties.--The Commission shall--
                    (A) prepare and maintain a roll of the adult 
                members of the Native Hawaiian community who elect to 
                participate in the reorganization of the Native 
                Hawaiian governing entity; and
                    (B) certify that each of the adult members of the 
                Native Hawaiian community proposed for inclusion on the 
                roll meets the definition of Native Hawaiian in section 
                3(10).
            (5) Staff.--
                    (A) In general.--The Commission may, without regard 
                to the civil service laws (including regulations), 
                appoint and terminate an executive director and such 
                other additional personnel as are necessary to enable 
                the Commission to perform the duties of the Commission.
                    (B) Compensation.--
                            (i) In general.--Except as provided in 
                        clause (ii), the Commission may fix the 
                        compensation of the executive director and 
                        other personnel without regard to the 
                        provisions of chapter 51 and subchapter III of 
                        chapter 53 of title 5, United States Code, 
                        relating to classification of positions and 
                        General Schedule pay rates.
                            (ii) Maximum rate of pay.--The rate of pay 
                        for the executive director and other personnel 
                        shall not exceed the rate payable for level V 
                        of the Executive Schedule under section 5316 of 
                        title 5, United States Code.
            (6) Detail of federal government employees.--
                    (A) In general.--An employee of the Federal 
                Government may be detailed to the Commission without 
                reimbursement.
                    (B) Civil service status.--The detail of the 
                employee shall be without interruption or loss of civil 
                service status or privilege.
            (7) Procurement of temporary and intermittent services.--
        The Commission may procure temporary and intermittent services 
        in accordance with section 3109(b) of title 5, United States 
        Code, at rates for individuals that do not exceed the daily 
        equivalent of the annual rate of basic pay prescribed for level 
        V of the Executive Schedule under section 5316 of that title.
            (8) Expiration.--The Secretary shall dissolve the 
        Commission upon the reaffirmation of the political and legal 
        relationship between the Native Hawaiian governing entity and 
        the United States.
    (c) Process for the Reorganization of the Native Hawaiian Governing 
Entity.--
            (1) Roll.--
                    (A) 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 and are certified to 
                be Native Hawaiian as defined in section 3(10) by the 
                Commission.
                    (B) Formation of roll.--Each adult member of the 
                Native Hawaiian community who elects to participate in 
                the reorganization of the Native Hawaiian governing 
                entity shall submit to the Commission documentation in 
                the form established by the Commission that is 
                sufficient to enable the Commission to determine 
                whether the individual meets the definition of Native 
                Hawaiian in section 3(10).
                    (C) Documentation.--The Commission shall--
                            (i) identify the types of documentation 
                        that may be submitted to the Commission that 
                        would enable the Commission to determine 
                        whether an individual meets the definition of 
                        Native Hawaiian in section 3(10);
                            (ii) establish a standard format for the 
                        submission of documentation; and
                            (iii) publish information related to 
                        clauses (i) and (ii) in the Federal Register.
                    (D) Consultation.--In making determinations that 
                each of the adult members of the Native Hawaiian 
                community proposed for inclusion on the roll meets the 
                definition of Native Hawaiian in section 3(10), the 
                Commission may consult with Native Hawaiian 
                organizations, agencies of the State of Hawaii 
                including but not limited to the Department of Hawaiian 
                Home Lands, the Office of Hawaiian Affairs, and the 
                State Department of Health, and other entities with 
                expertise and experience in the determination of Native 
                Hawaiian ancestry and lineal descendancy.
                    (E) Certification and submittal of roll to 
                secretary.--The Commission shall--
                            (i) submit the roll containing the names of 
                        the adult members of the Native Hawaiian 
                        community who meet the definition of Native 
                        Hawaiian in section 3(10) to the Secretary 
                        within two years from the date on which the 
                        Commission is fully composed; and
                            (ii) certify to the Secretary that each of 
                        the adult members of the Native Hawaiian 
                        community proposed for inclusion on the roll 
                        meets the definition of Native Hawaiian in 
                        section 3(10).
                    (F) Publication.--Upon certification by the 
                Commission to the Secretary that those listed on the 
                roll meet the definition of Native Hawaiian in section 
                3(10), the Secretary shall publish the roll in the 
                Federal Register.
                    (G) Appeal.--The Secretary may establish a 
                mechanism for an appeal for any person whose name is 
                excluded from the roll who claims to meet the 
                definition of Native Hawaiian in section 3(10) and to 
                be 18 years of age or older.
                    (H) Publication; update.--The Secretary shall--
                            (i) publish the roll regardless of whether 
                        appeals are pending;
                            (ii) update the roll and the publication of 
                        the roll on the final disposition of any 
                        appeal; and
                            (iii) update the roll to include any Native 
                        Hawaiian who has attained the age of 18 and who 
                        has been certified by the Commission as meeting 
                        the definition of Native Hawaiian in section 
                        3(10) after the initial publication of the roll 
                        or after any subsequent publications of the 
                        roll.
                    (I) 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 
                Commission 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.
                    (J) Effect of publication.--The publication of the 
                initial and updated roll shall serve as the basis for 
                the eligibility of adult members of the Native Hawaiian 
                community whose names are listed on those rolls to 
                participate in 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 section 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) Powers.--
                            (i) In general.--The Council--
                                    (I) may represent those listed on 
                                the roll published under this section 
                                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 the proposed elements of 
                                the organic governing documents of the 
                                Native Hawaiian governing entity, 
                                including but not limited to--
                                            (aa) the proposed criteria 
                                        for citizenship of the Native 
                                        Hawaiian governing entity;
                                            (bb) 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;
                                            (cc) the proposed civil 
                                        rights and protection of the 
                                        rights of the citizens of the 
                                        Native Hawaiian governing 
                                        entity and all persons affected 
                                        by the exercise of governmental 
                                        powers and authorities of the 
                                        Native Hawaiian governing 
                                        entity; and
                                            (dd) 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.--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 pursuant to 
                                paragraph (5).
            (3) Submittal of organic governing documents.--Following 
        the reorganization 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.--Within the context of the future 
                negotiations to be conducted under the authority of 
                section 8(b)(1), and the subsequent actions by the 
                Congress and the State of Hawaii to enact legislation 
                to implement the agreements of the 3 governments, 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 the 
                        adult members of the Native Hawaiian community 
                        whose names are listed on the roll published by 
                        the Secretary;
                            (iii) provide authority for the Native 
                        Hawaiian governing entity to negotiate with 
                        Federal, State, and local governments, and 
                        other entities;
                            (iv) provide for the exercise of 
                        governmental authorities by the Native Hawaiian 
                        governing entity, including any authorities 
                        that may be delegated to the Native Hawaiian 
                        governing entity by the United States and the 
                        State of Hawaii following negotiations 
                        authorized in section 8(b)(1) and the enactment 
                        of legislation to implement the agreements of 
                        the 3 governments;
                            (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 
                        affected by the exercise of governmental powers 
                        and authorities by the Native Hawaiian 
                        governing entity; 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; 
                        provided that the provisions of Public Law 103-
                        454, 25 U.S.C. 479a, shall not apply.
                    (B) Resubmission in case of noncompliance with the 
                requirements of subparagraph (a).--
                            (i) Resubmission by the secretary.--If the 
                        Secretary determines that the organic governing 
                        documents, or any part of the documents, do not 
                        meet all of the requirements set forth in 
                        subparagraph (A), 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 in full compliance.
                            (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 
                                meet all the requirements set forth in 
                                subparagraph (A); 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 paragraph (4) 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) Reaffirmation.--Notwithstanding any other provision of 
        law, upon the certifications required under paragraph (4) and 
        the election of the officers of the Native Hawaiian governing 
        entity, the political and legal relationship between the United 
        States and the Native Hawaiian governing entity is hereby 
        reaffirmed and 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; 
              CLAIMS.

    (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. 4), is 
reaffirmed.
    (b) Negotiations.--
            (1) In general.--Upon the reaffirmation of the political 
        and legal relationship between the United States and the Native 
        Hawaiian governing entity, 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 the protection of existing rights 
                related to such lands or resources;
                    (B) the exercise of governmental authority over any 
                transferred lands, natural resources, and other assets, 
                including land use;
                    (C) the exercise of civil and criminal 
                jurisdiction;
                    (D) the delegation of governmental powers and 
                authorities to the Native Hawaiian governing entity by 
                the United States and the State of Hawaii; and
                    (E) any residual responsibilities of the United 
                States and the State of Hawaii.
            (2) Amendments to existing laws.--Upon agreement on any 
        matter or matters negotiated with the United States, the State 
        of Hawaii, and the Native Hawaiian governing entity, the 
        parties are authorized to submit--
                    (A) 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, recommendations for proposed 
                amendments to Federal law that will enable the 
                implementation of agreements reached between the 3 
                governments; and
                    (B) to the Governor and the legislature of the 
                State of Hawaii, recommendations for proposed 
                amendments to State law that will enable the 
                implementation of agreements reached between the 3 
                governments.
    (c) Claims.--
            (1) In general.--Nothing in this Act serves as a settlement 
        of any claim against the United States.
            (2) Statute of limitations.--Any claim against the United 
        States arising under Federal law that--
                    (A) is in existence on the date of enactment of 
                this Act;
                    (B) is asserted by the Native Hawaiian governing 
                entity on behalf of the Native Hawaiian people; and
                    (C) relates to the legal and political relationship 
                between the United States and the Native Hawaiian 
                people;
        shall be brought in the court of jurisdiction over such claims 
        not later than 20 years after the date on which Federal 
        recognition is extended to the Native Hawaiian governing entity 
        under section 7(c)(6).

SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS.

    (a) Indian Gaming Regulatory Act.--Nothing in this Act shall be 
construed to authorize 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.).
    (b) Indian Programs and Services.--Notwithstanding section 7(c)(6), 
because of the eligibility of the Native Hawaiian governing entity and 
its citizens for Native Hawaiian programs and services in accordance 
with subsection (c), nothing in this Act provides an authorization for 
eligibility to participate in any Indian program or service to any 
individual or entity not otherwise eligible for the program or service 
under applicable Federal law.
    (c) Native Hawaiian Programs and Services.--The Native Hawaiian 
governing entity and its citizens shall be eligible for Native Hawaiian 
programs and services to the extent and in the manner provided by other 
applicable laws.

SEC. 10. 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. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.




                                                       Calendar No. 101

109th CONGRESS

  1st Session

                                 S. 147

                          [Report No. 109-68]

_______________________________________________________________________

                                 A BILL

To express 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.

_______________________________________________________________________

                              May 16, 2005

                       Reported with an amendment