[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 708 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 708

To express the policy of the United States regarding the United States 
   relationship with Native Hawaiians, to provide a process for the 
 reorganization of a Native Hawaiian government and the recognition by 
  the United States of the Native Hawaiian government, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2009

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

_______________________________________________________________________

                                 A BILL


 
To express the policy of the United States regarding the United States 
   relationship with Native Hawaiians, to provide a process for the 
 reorganization of a Native Hawaiian government and the recognition by 
  the United States of the Native Hawaiian government, and for other 
                               purposes.

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

SECTION 1. FINDINGS.

    Congress makes the following findings:
            (1) The Constitution vests Congress with the authority to 
        address the conditions of the indigenous, native people of the 
        United States.
            (2) Native Hawaiians, the native people of the Hawaiian 
        archipelago which is now part of the United States, are 
        indigenous, native people of the United States.
            (3) The United States has a special trust relationship to 
        promote the welfare of the native people of the United States, 
        including Native Hawaiians.
            (4) Under the treaty making power of the United States, 
        Congress exercised its constitutional authority to confirm a 
        treaty between the United States and the government that 
        represented the Hawaiian people, and from 1826 until 1893, the 
        United States recognized the independence of the Kingdom of 
        Hawaii, extended full diplomatic recognition to the Hawaiian 
        government, and entered into treaties and conventions with the 
        Hawaiian monarchs to govern commerce and navigation in 1826, 
        1842, 1849, 1875, and 1887.
            (5) Pursuant to the provisions of the Hawaiian Homes 
        Commission Act, 1920 (42 Stat. 108, chapter 42), the United 
        States set aside 203,500 acres of land in the Federal territory 
        that later became the State of Hawaii to address the conditions 
        of Native Hawaiians.
            (6) By setting aside 203,500 acres of land for Native 
        Hawaiian homesteads and farms, the Act assists the Native 
        Hawaiian community in maintaining distinct native settlements 
        throughout the State of Hawaii.
            (7) Approximately 6,800 Native Hawaiian lessees and their 
        family members reside on Hawaiian Home Lands and approximately 
        18,000 Native Hawaiians who are eligible to reside on the Home 
        Lands are on a waiting list to receive assignments of land.
            (8) In 1959, as part of the compact admitting Hawaii into 
        the United States, Congress established the Ceded Lands Trust 
        for 5 purposes, 1 of which is the betterment of the conditions 
        of Native Hawaiians. Such trust consists of approximately 
        1,800,000 acres of land, submerged lands, and the revenues 
        derived from such lands, the assets of which have never been 
        completely inventoried or segregated.
            (9) Throughout the years, Native Hawaiians have repeatedly 
        sought access to the Ceded Lands Trust and its resources and 
        revenues in order to establish and maintain native settlements 
        and distinct native communities throughout the State.
            (10) The Hawaiian Home Lands and the Ceded Lands provide an 
        important foundation for the ability of the Native Hawaiian 
        community to maintain the practice of Native Hawaiian culture, 
        language, and traditions, and for the survival of the Native 
        Hawaiian people.
            (11) Native Hawaiians have maintained other distinctly 
        native areas in Hawaii.
            (12) On November 23, 1993, Public Law 103-150 (107 Stat. 
        1510) (commonly known as the Apology Resolution) was enacted 
        into law, extending an apology on behalf of the United States 
        to the Native people of Hawaii for the United States role in 
        the overthrow of the Kingdom of Hawaii.
            (13) The Apology Resolution acknowledges that the overthrow 
        of the Kingdom of Hawaii occurred with the active participation 
        of agents and citizens of the United States and further 
        acknowledges that the Native Hawaiian people never directly 
        relinquished their claims to their inherent sovereignty as a 
        people over their national lands to the United States, either 
        through their monarchy or through a plebiscite or referendum.
            (14) The Apology Resolution expresses the commitment of 
        Congress and the President to acknowledge the ramifications of 
        the overthrow of the Kingdom of Hawaii and to support 
        reconciliation efforts between the United States and Native 
        Hawaiians; and to have Congress and the President, through the 
        President's designated officials, consult with Native Hawaiians 
        on the reconciliation process as called for under the Apology 
        Resolution.
            (15) Despite the overthrow of the Hawaiian government, 
        Native Hawaiians have continued to maintain their separate 
        identity as a distinct native community through the formation 
        of cultural, social, and political institutions, and to give 
        expression to their rights as native people to self-
        determination and self-governance as evidenced through their 
        participation in the Office of Hawaiian Affairs.
            (16) Native Hawaiians also maintain a distinct Native 
        Hawaiian community through the provision of governmental 
        services to Native Hawaiians, including the provision of health 
        care services, educational programs, employment and training 
        programs, children's services, conservation programs, fish and 
        wildlife protection, agricultural programs, native language 
        immersion programs and native language immersion schools from 
        kindergarten through high school, as well as college and 
        master's degree programs in native language immersion 
        instruction, and traditional justice programs, and by 
        continuing their efforts to enhance Native Hawaiian self-
        determination and local control.
            (17) Native Hawaiians are actively engaged in Native 
        Hawaiian cultural practices, traditional agricultural methods, 
        fishing and subsistence practices, maintenance of cultural use 
        areas and sacred sites, protection of burial sites, and the 
        exercise of their traditional rights to gather medicinal plants 
        and herbs, and food sources.
            (18) The Native Hawaiian people wish to preserve, develop, 
        and transmit to future Native Hawaiian generations their 
        ancestral lands and Native Hawaiian political and cultural 
        identity in accordance with their traditions, beliefs, customs 
        and practices, language, and social and political institutions, 
        and to achieve greater self-determination over their own 
        affairs.
            (19) This Act provides for a process within the framework 
        of Federal law for the Native Hawaiian people to exercise their 
        inherent rights as a distinct aboriginal, indigenous, native 
        community to reorganize a Native Hawaiian government for the 
        purpose of giving expression to their rights as native people 
        to self-determination and self-governance.
            (20) The United States has declared that--
                    (A) the United States has a special responsibility 
                for the welfare of the native peoples of the United 
                States, including Native Hawaiians;
                    (B) Congress has identified Native Hawaiians as a 
                distinct indigenous group within the scope of its 
                Indian affairs power, and has enacted dozens of 
                statutes on their behalf pursuant to its recognized 
                trust responsibility; and
                    (C) Congress has also delegated broad authority to 
                administer a portion of the Federal trust 
                responsibility to the State of Hawaii.
            (21) The United States has recognized and reaffirmed the 
        special trust relationship with the Native Hawaiian people 
        through--
                    (A) the enactment of the Act entitled ``An Act to 
                provide for the admission of the State of Hawaii into 
                the Union'', approved March 18, 1959 (Public Law 86-3; 
                73 Stat. 4) by--
                            (i) ceding to the State of Hawaii title to 
                        the public lands formerly held by the United 
                        States, and mandating that those lands be held 
                        in public trust for 5 purposes, one of which is 
                        for the betterment of the conditions of Native 
                        Hawaiians; and
                            (ii) transferring the United States 
                        responsibility for the administration of the 
                        Hawaiian Home Lands to the State of Hawaii, but 
                        retaining the authority to enforce the trust, 
                        including the exclusive right of the United 
                        States to consent to any actions affecting the 
                        lands which comprise the corpus of the trust 
                        and any amendments to the Hawaiian Homes 
                        Commission Act, 1920 (42 Stat. 108, chapter 42) 
                        that are enacted by the legislature of the 
                        State of Hawaii affecting the beneficiaries 
                        under the Act.
            (22) The United States continually has recognized and 
        reaffirmed that--
                    (A) Native Hawaiians have a cultural, historic, and 
                land-based link to the aboriginal, native people who 
                exercised sovereignty over the Hawaiian Islands;
                    (B) Native Hawaiians have never relinquished their 
                claims to sovereignty or their sovereign lands;
                    (C) the United States extends services to Native 
                Hawaiians because of their unique status as the 
                aboriginal, native people of a once sovereign nation 
                with whom the United States has a political and legal 
                relationship; and
                    (D) the special trust relationship of American 
                Indians, Alaska Natives, and Native Hawaiians to the 
                United States arises out of their status as aboriginal, 
                indigenous, native people of the United States.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Aboriginal, indigenous, native people.--The term 
        ``aboriginal, indigenous, native people'' means those people 
        whom Congress has recognized as the original inhabitants of the 
        lands and who exercised sovereignty prior to European contact 
        in the areas that later became part of the United States.
            (2) Adult members.--The term ``adult members'' means those 
        Native Hawaiians who have attained the age of 18 at the time 
        the Secretary publishes the final roll, as provided in section 
        7(a)(3) of this Act.
            (3) Apology resolution.--The term ``Apology Resolution'' 
        means Public Law 103-150 (107 Stat. 1510), a joint resolution 
        offering an apology to Native Hawaiians on behalf of the United 
        States for the participation of agents of the United States in 
        the January 17, 1893, overthrow of the Kingdom of Hawaii.
            (4) Ceded lands.--The term ``ceded lands'' means those 
        lands which were ceded to the United States by the Republic of 
        Hawaii under the Joint Resolution to provide for annexing the 
        Hawaiian Islands to the United States of July 7, 1898 (30 Stat. 
        750), and which were later transferred to the State of Hawaii 
        in the Act entitled ``An Act to provide for the admission of 
        the State of Hawaii into the Union'' approved March 18, 1959 
        (Public Law 86-3; 73 Stat. 4).
            (5) Commission.--The term ``Commission'' means the 
        commission established in section 7 of this Act to certify that 
        the adult members of the Native Hawaiian community contained on 
        the roll developed under that section meet the definition of 
        Native Hawaiian, as defined in paragraph (7)(A).
            (6) Indigenous, native people.--The term ``indigenous, 
        native people'' means the lineal descendants of the aboriginal, 
        indigenous, native people of the United States.
            (7) Native hawaiian.--
                    (A) Prior to the recognition by the United States 
                of a Native Hawaiian government under the authority of 
                section 7(d)(2) of this Act, the term ``Native 
                Hawaiian'' means the indigenous, native people of 
                Hawaii who are the lineal descendants of the 
                aboriginal, indigenous, native people who resided in 
                the islands that now comprise the State of Hawaii on or 
                before January 1, 1893, and who occupied and exercised 
                sovereignty in the Hawaiian archipelago, including the 
                area that now constitutes the State of Hawaii, and 
                includes all Native Hawaiians who were eligible in 1921 
                for the programs authorized by the Hawaiian Homes 
                Commission Act (42 Stat. 108, chapter 42) and their 
                lineal descendants.
                    (B) Following the recognition by the United States 
                of the Native Hawaiian government under section 7(d)(2) 
                of this Act, the term ``Native Hawaiian'' shall have 
                the meaning given to such term in the organic governing 
                documents of the Native Hawaiian government.
            (8) Native hawaiian government.--The term ``Native Hawaiian 
        government'' means the citizens of the government of the Native 
        Hawaiian people that is recognized by the United States under 
        the authority of section 7(d)(2) of this Act.
            (9) Native hawaiian interim governing council.--The term 
        ``Native Hawaiian Interim Governing Council'' means the interim 
        governing council that is organized under section 7(c) of this 
        Act.
            (10) Roll.--The term ``roll'' means the roll that is 
        developed under the authority of section 7(a) of this Act.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (12) Task force.--The term ``Task Force'' means the Native 
        Hawaiian Interagency Task Force established under the authority 
        of section 6 of this Act.

SEC. 3. UNITED STATES POLICY AND PURPOSE.

    (a) Policy.--The United States reaffirms that--
            (1) Native Hawaiians are a unique and distinct aboriginal, 
        indigenous, native people, with whom the United States has a 
        political and legal relationship;
            (2) the United States has a special trust relationship to 
        promote the welfare of Native Hawaiians;
            (3) Congress possesses the authority under the Constitution 
        to enact legislation to address the conditions of Native 
        Hawaiians and has exercised this authority through the 
        enactment of--
                    (A) the Hawaiian Homes Commission Act, 1920 (42 
                Stat. 108, chapter 42);
                    (B) the Act entitled ``An Act to provide for the 
                admission of the State of Hawaii into the Union'', 
                approved March 18, 1959 (Public Law 86-3; 73 Stat. 4); 
                and
                    (C) more than 150 other Federal laws addressing the 
                conditions of Native Hawaiians;
            (4) Native Hawaiians have--
                    (A) an inherent right to autonomy in their internal 
                affairs;
                    (B) an inherent right of self-determination and 
                self-governance;
                    (C) the right to reorganize a Native Hawaiian 
                government; and
                    (D) the right to become economically self-
                sufficient; and
            (5) the United States shall continue to engage in a process 
        of reconciliation and political relations with the Native 
        Hawaiian people.
    (b) Purpose.--It is the intent of Congress that the purpose of this 
Act is to provide a process for the reorganization of a Native Hawaiian 
government and for the recognition by the United States of the Native 
Hawaiian government for purposes of continuing a government-to-
government relationship.

SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE FOR NATIVE HAWAIIAN 
              AFFAIRS.

    (a) In General.--There is established within the Office of the 
Secretary the United States Office for Native Hawaiian Affairs.
    (b) Duties of the Office.--The United States Office for Native 
Hawaiian Affairs shall--
            (1) effectuate and coordinate the special trust 
        relationship between the Native Hawaiian people and the United 
        States through the Secretary, and with all other Federal 
        agencies;
            (2) upon the recognition of the Native Hawaiian government 
        by the United States as provided for in section 7(d)(2) of this 
        Act, effectuate and coordinate the special trust relationship 
        between the Native Hawaiian government and the United States 
        through the Secretary, and with all other Federal agencies;
            (3) fully integrate the principle and practice of 
        meaningful, regular, and appropriate consultation with the 
        Native Hawaiian people by providing timely notice to, and 
        consulting with the Native Hawaiian people prior to taking any 
        actions that may affect traditional or current Native Hawaiian 
        practices and matters that may have the potential to 
        significantly or uniquely affect Native Hawaiian resources, 
        rights, or lands, and upon the recognition of the Native 
        Hawaiian government as provided for in section 7(d)(2) of this 
        Act, fully integrate the principle and practice of meaningful, 
        regular, and appropriate consultation with the Native Hawaiian 
        government by providing timely notice to, and consulting with 
        the Native Hawaiian people and the Native Hawaiian government 
        prior to taking any actions that may have the potential to 
        significantly affect Native Hawaiian resources, rights, or 
        lands;
            (4) consult with the Native Hawaiian Interagency Task 
        Force, other Federal agencies, and with relevant agencies of 
        the State of Hawaii on policies, practices, and proposed 
        actions affecting Native Hawaiian resources, rights, or lands;
            (5) be responsible for the preparation and submittal to the 
        Committee on Indian Affairs of the Senate, the Committee on 
        Energy and Natural Resources of the Senate, and the Committee 
        on Resources of the House of Representatives of an annual 
        report detailing the activities of the Interagency Task Force 
        established under section 6 of this Act that are undertaken 
        with respect to the continuing process of reconciliation and to 
        effect meaningful consultation with the Native Hawaiian people 
        and the Native Hawaiian government and providing 
        recommendations for any necessary changes to existing Federal 
        statutes or regulations promulgated under the authority of 
        Federal law;
            (6) be responsible for continuing the process of 
        reconciliation with the Native Hawaiian people, and upon the 
        recognition of the Native Hawaiian government by the United 
        States as provided for in section 7(d)(2) of this Act, be 
        responsible for continuing the process of reconciliation with 
        the Native Hawaiian government; and
            (7) assist the Native Hawaiian people in facilitating a 
        process for self-determination, including but not limited to 
        the provision of technical assistance in the development of the 
        roll under section 7(a) of this Act, the organization of the 
        Native Hawaiian Interim Governing Council as provided for in 
        section 7(c) of this Act, and the recognition of the Native 
        Hawaiian government as provided for in section 7(d) of this 
        Act.
    (c) Authority.--The United States Office for Native Hawaiian 
Affairs is authorized to enter into a contract with or make grants for 
the purposes of the activities authorized or addressed in section 7 of 
this Act for a period of 3 years from the date of enactment of this 
Act.

SEC. 5. DESIGNATION OF DEPARTMENT OF JUSTICE REPRESENTATIVE.

    The Attorney General shall designate an appropriate official within 
the Department of Justice to assist the United States Office for Native 
Hawaiian Affairs in the implementation and protection of the rights of 
Native Hawaiians and their political, legal, and trust relationship 
with the United States, and upon the recognition of the Native Hawaiian 
government as provided for in section 7(d)(2) of this Act, in the 
implementation and protection of the rights of the Native Hawaiian 
government and its political, legal, and trust relationship with the 
United States.

SEC. 6. NATIVE HAWAIIAN INTERAGENCY TASK FORCE.

    (a) Establishment.--There is established an interagency task force 
to be known as the ``Native Hawaiian Interagency Task Force''.
    (b) Composition.--The Task Force shall be composed of officials, to 
be designated by the President, from--
            (1) each Federal agency that establishes or implements 
        policies that affect Native Hawaiians or whose actions may 
        significantly or uniquely impact on Native Hawaiian resources, 
        rights, or lands;
            (2) the United States Office for Native Hawaiian Affairs 
        established under section 4 of this Act; and
            (3) the Executive Office of the President.
    (c) Lead Agencies.--The Department of the Interior and the 
Department of Justice shall serve as the lead agencies of the Task 
Force, and meetings of the Task Force shall be convened at the request 
of either of the lead agencies.
    (d) Co-Chairs.--The Task Force representative of the United States 
Office for Native Hawaiian Affairs established under the authority of 
section 4 of this Act and the Attorney General's designee under the 
authority of section 5 of this Act shall serve as co-chairs of the Task 
Force.
    (e) Duties.--The responsibilities of the Task Force shall be--
            (1) the coordination of Federal policies that affect Native 
        Hawaiians or actions by any agency or agencies of the Federal 
        Government which may significantly or uniquely impact on Native 
        Hawaiian resources, rights, or lands;
            (2) to assure that each Federal agency develops a policy on 
        consultation with the Native Hawaiian people, and upon 
        recognition of the Native Hawaiian government by the United 
        States as provided in section 7(d)(2) of this Act, consultation 
        with the Native Hawaiian government; and
            (3) to assure the participation of each Federal agency in 
        the development of the report to Congress authorized in section 
        4(b)(5) of this Act.

SEC. 7. PROCESS FOR THE DEVELOPMENT OF A ROLL FOR THE ORGANIZATION OF A 
              NATIVE HAWAIIAN INTERIM GOVERNING COUNCIL, FOR THE 
              ORGANIZATION OF A NATIVE HAWAIIAN INTERIM GOVERNING 
              COUNCIL AND A NATIVE HAWAIIAN GOVERNMENT, AND FOR THE 
              RECOGNITION OF THE NATIVE HAWAIIAN GOVERNMENT.

    (a) Roll.--
            (1) Preparation of roll.--The United States Office for 
        Native Hawaiian Affairs shall assist the adult members of the 
        Native Hawaiian community who wish to participate in the 
        reorganization of a Native Hawaiian government in preparing a 
        roll for the purpose of the organization of a Native Hawaiian 
        Interim Governing Council. The roll shall include the names of 
        the--
                    (A) adult members of the Native Hawaiian community 
                who wish to become citizens of a Native Hawaiian 
                government and who are--
                            (i) the lineal descendants of the 
                        aboriginal, indigenous, native people who 
                        resided in the islands that now comprise the 
                        State of Hawaii on or before January 1, 1893, 
                        and who occupied and exercised sovereignty in 
                        the Hawaiian archipelago; or
                            (ii) Native Hawaiians who were eligible in 
                        1921 for the programs authorized by the 
                        Hawaiian Homes Commission Act (42 Stat. 108, 
                        chapter 42) or their lineal descendants; and
                    (B) the children of the adult members listed on the 
                roll prepared under this subsection.
            (2) Certification and submission.--
                    (A) Commission.--
                            (i) In general.--There is authorized to be 
                        established a Commission to be composed of 9 
                        members for the purpose of certifying that the 
                        adult members of the Native Hawaiian community 
                        on the roll meet the definition of Native 
                        Hawaiian, as defined in section 2(7)(A) of this 
                        Act.
                            (ii) Membership.--
                                    (I) Appointment.--The Secretary 
                                shall appoint the members of the 
                                Commission in accordance with subclause 
                                (II). Any vacancy on the Commission 
                                shall not affect its powers and shall 
                                be filled in the same manner as the 
                                original appointment.
                                    (II) Requirements.--The members of 
                                the Commission shall be Native 
                                Hawaiian, as defined in section 2(7)(A) 
                                of this Act, and shall have expertise 
                                in the certification of Native Hawaiian 
                                ancestry.
                                    (III) Congressional submission of 
                                suggested candidates.--In appointing 
                                members of the Commission, the 
                                Secretary may choose such members from 
                                among--
                                            (aa) five suggested 
                                        candidates submitted by the 
                                        majority leader of the Senate 
                                        and the minority leader of the 
                                        Senate from a list of 
                                        candidates provided to such 
                                        leaders by the Chairman and 
                                        Vice Chairman of the Committee 
                                        on Indian Affairs of the 
                                        Senate; and
                                            (bb) four suggested 
                                        candidates submitted by the 
                                        Speaker of the House of 
                                        Representatives and the 
                                        minority leader of the House of 
                                        Representatives from a list 
                                        provided to the Speaker and the 
                                        minority leader by the Chairman 
                                        and Ranking member of the 
                                        Committee on Resources of the 
                                        House of Representatives.
                            (iii) Expenses.--Each member of the 
                        Commission shall be allowed travel expenses, 
                        including per diem in lieu of subsistence, at 
                        rates authorized for employees of agencies 
                        under subchapter I of chapter 57 of title 5, 
                        United States Code, while away from their homes 
                        or regular places of business in the 
                        performance of services for the Commission.
                    (B) Certification.--The Commission shall certify 
                that the individuals listed on the roll developed under 
                the authority of this subsection are Native Hawaiians, 
                as defined in section 2(7)(A) of this Act.
            (3) Secretary.--
                    (A) Certification.--The Secretary shall review the 
                Commission's certification of the membership roll and 
                determine whether it is consistent with applicable 
                Federal law, including the special trust relationship 
                between the United States and the indigenous, native 
                people of the United States.
                    (B) Publication.--Upon making the determination 
                authorized in subparagraph (A), the Secretary shall 
                publish a final roll.
                    (C) Appeal.--
                            (i) Establishment of mechanism.--The 
                        Secretary is authorized to establish a 
                        mechanism for an appeal of the Commission's 
                        determination as it concerns--
                                    (I) the exclusion of the name of a 
                                person who meets the definition of 
                                Native Hawaiian, as defined in section 
                                2(7)(A) of this Act, from the roll; or
                                    (II) a challenge to the inclusion 
                                of the name of a person on the roll on 
                                the grounds that the person does not 
                                meet the definition of Native Hawaiian, 
                                as so defined.
                            (ii) Publication; update.--The Secretary 
                        shall publish the final roll while appeals are 
                        pending, and shall update the final roll and 
                        the publication of the final roll upon the 
                        final disposition of any appeal.
                    (D) Failure to act.--If the Secretary fails to make 
                the certification authorized in subparagraph (A) within 
                90 days of the date that the Commission submits the 
                membership roll to the Secretary, the certification 
                shall be deemed to have been made, and the Commission 
                shall publish the final roll.
            (4) Effect of publication.--The publication of the final 
        roll shall serve as the basis for the eligibility of adult 
        members listed on the roll to participate in all referenda and 
        elections associated with the organization of a Native Hawaiian 
        Interim Governing Council and the Native Hawaiian government.
    (b) Recognition of Rights.--The right of the Native Hawaiian people 
to organize for their common welfare and to adopt appropriate organic 
governing documents is hereby recognized by the United States.
    (c) Organization of the Native Hawaiian Interim Governing 
Council.--
            (1) Organization.--The adult members listed on the roll 
        developed under the authority of subsection (a) are authorized 
        to--
                    (A) develop criteria for candidates to be elected 
                to serve on the Native Hawaiian Interim Governing 
                Council;
                    (B) determine the structure of the Native Hawaiian 
                Interim Governing Council; and
                    (C) elect members to the Native Hawaiian Interim 
                Governing Council.
            (2) Election.--Upon the request of the adult members listed 
        on the roll developed under the authority of subsection (a), 
        the United States Office for Native Hawaiian Affairs may assist 
        the Native Hawaiian community in holding an election by secret 
        ballot (absentee and mail balloting permitted), to elect the 
        membership of the Native Hawaiian Interim Governing Council.
            (3) Powers.--
                    (A) In general.--The Native Hawaiian Interim 
                Governing Council is authorized to represent those on 
                the roll in the implementation of this Act and shall 
                have no powers other than those given to it in 
                accordance with this Act.
                    (B) Funding.--The Native Hawaiian Interim Governing 
                Council is authorized to enter into a contract or grant 
                with any Federal agency, including but not limited to, 
                the United States Office for Native Hawaiian Affairs 
                within the Department of the Interior and the 
                Administration for Native Americans within the 
                Department of Health and Human Services, to carry out 
                the activities set forth in subparagraph (C).
                    (C) Activities.--
                            (i) In general.--The Native Hawaiian 
                        Interim Governing Council is authorized to 
                        conduct a referendum of the adult members 
                        listed on the roll developed under the 
                        authority of subsection (a) for the purpose of 
                        determining (but not limited to) the following:
                                    (I) The proposed elements of the 
                                organic governing documents of a Native 
                                Hawaiian government.
                                    (II) The proposed powers and 
                                authorities to be exercised by a Native 
                                Hawaiian government, as well as the 
                                proposed privileges and immunities of a 
                                Native Hawaiian government.
                                    (III) The proposed civil rights and 
                                protection of such rights of the 
                                citizens of a Native Hawaiian 
                                government and all persons subject to 
                                the authority of a Native Hawaiian 
                                government.
                            (ii) Development of organic governing 
                        documents.--Based upon the referendum, the 
                        Native Hawaiian Interim Governing Council is 
                        authorized to develop proposed organic 
                        governing documents for a Native Hawaiian 
                        government.
                            (iii) Distribution.--The Native Hawaiian 
                        Interim Governing Council is authorized to 
                        distribute to all adult members of those listed 
                        on the roll, a copy of the proposed organic 
                        governing documents, as drafted by the Native 
                        Hawaiian Interim Governing Council, along with 
                        a brief impartial description of the proposed 
                        organic governing documents.
                            (iv) Consultation.--The Native Hawaiian 
                        Interim Governing Council is authorized to 
                        freely consult with those members listed on the 
                        roll concerning the text and description of the 
                        proposed organic governing documents.
                    (D) Elections.--
                            (i) In general.--The Native Hawaiian 
                        Interim Governing Council is authorized to hold 
                        elections for the purpose of ratifying the 
                        proposed organic governing documents, and upon 
                        ratification of the organic governing 
                        documents, to hold elections for the officers 
                        of the Native Hawaiian government.
                            (ii) Assistance.--Upon the request of the 
                        Native Hawaiian Interim Governing Council, the 
                        United States Office of Native Hawaiian Affairs 
                        may assist the Council in conducting such 
                        elections.
            (4) Termination.--The Native Hawaiian Interim Governing 
        Council shall have no power or authority under this Act after 
        the time at which the duly elected officers of the Native 
        Hawaiian government take office.
    (d) Recognition of the Native Hawaiian Government.--
            (1) Process for recognition.--
                    (A) Submittal of organic governing documents.--The 
                duly elected officers of the Native Hawaiian government 
                shall submit the organic governing documents of the 
                Native Hawaiian government to the Secretary.
                    (B) Certifications.--Within 90 days of the date 
                that the duly elected officers of the Native Hawaiian 
                government submit the organic governing documents to 
                the Secretary, the Secretary shall certify that the 
                organic governing documents--
                            (i) were adopted by a majority vote of the 
                        adult members listed on the roll prepared under 
                        the authority of subsection (a);
                            (ii) are consistent with applicable Federal 
                        law and the special trust relationship between 
                        the United States and the indigenous native 
                        people of the United States;
                            (iii) provide for the exercise of those 
                        governmental authorities that are recognized by 
                        the United States as the powers and authorities 
                        that are exercised by other governments 
                        representing the indigenous, native people of 
                        the United States;
                            (iv) provide for the protection of the 
                        civil rights of the citizens of the Native 
                        Hawaiian government and all persons subject to 
                        the authority of the Native Hawaiian 
                        government, and to assure that the Native 
                        Hawaiian government exercises its authority 
                        consistent with the requirements of section 202 
                        of the Act of April 11, 1968 (25 U.S.C. 1302);
                            (v) prevent the sale, disposition, lease, 
                        or encumbrance of lands, interests in lands, or 
                        other assets of the Native Hawaiian government 
                        without the consent of the Native Hawaiian 
                        government;
                            (vi) establish the criteria for citizenship 
                        in the Native Hawaiian government; and
                            (vii) provide authority for the Native 
                        Hawaiian government to negotiate with Federal, 
                        State, and local governments, and other 
                        entities.
                    (C) Failure to act.--If the Secretary fails to act 
                within 90 days of the date that the duly elected 
                officers of the Native Hawaiian government submitted 
                the organic governing documents of the Native Hawaiian 
                government to the Secretary, the certifications 
                authorized in subparagraph (B) shall be deemed to have 
                been made.
                    (D) Resubmission in case of noncompliance with 
                federal law.--
                            (i) Resubmission by the secretary.--If the 
                        Secretary determines that the organic governing 
                        documents, or any part thereof, are not 
                        consistent with applicable Federal law, the 
                        Secretary shall resubmit the organic governing 
                        documents to the duly elected officers of the 
                        Native Hawaiian government along with a 
                        justification for each of the Secretary's 
                        findings as to why the provisions are not 
                        consistent with such law.
                            (ii) Amendment and resubmission by the 
                        native hawaiian government.--If the organic 
                        governing documents are resubmitted to the duly 
                        elected officers of the Native Hawaiian 
                        government by the Secretary under clause (i), 
                        the duly elected officers of the Native 
                        Hawaiian government shall--
                                    (I) amend the organic governing 
                                documents to ensure that the documents 
                                comply with applicable Federal law; and
                                    (II) resubmit the amended organic 
                                governing documents to the Secretary 
                                for certification in accordance with 
                                subparagraphs (B) and (C).
            (2) Federal recognition.--
                    (A) Recognition.--Notwithstanding any other 
                provision of law, upon the election of the officers of 
                the Native Hawaiian government and the certifications 
                (or deemed certifications) by the Secretary authorized 
                in paragraph (1), Federal recognition is hereby 
                extended to the Native Hawaiian government as the 
                representative governing body of the Native Hawaiian 
                people.
                    (B) No diminishment of rights or privileges.--
                Nothing contained in this Act shall diminish, alter, or 
                amend any existing rights or privileges enjoyed by the 
                Native Hawaiian people which are not inconsistent with 
                the provisions of this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY; NEGOTIATIONS.

    (a) Reaffirmation.--The delegation by the United States of 
authority to the State of Hawaii to address the conditions of Native 
Hawaiians contained in the Act entitled ``An Act to provide for the 
admission of the State of Hawaii into the Union'' approved March 18, 
1959 (Public Law 86-3; 73 Stat. 5), is hereby reaffirmed.
    (b) Negotiations.--Upon the Federal recognition of the Native 
Hawaiian government pursuant to section 7(d)(2) of this Act, the United 
States is authorized to negotiate and enter into an agreement with the 
State of Hawaii and the Native Hawaiian government regarding the 
transfer of lands, resources, and assets dedicated to Native Hawaiian 
use under existing law as in effect on the date of enactment of this 
Act to the Native Hawaiian government.

SEC. 10. APPLICABILITY OF INDIAN GAMING REGULATORY ACT.

    (a) Prohibition.--The Native Hawaiian government and Native 
Hawaiians may not conduct gaming activities as a matter of claimed 
inherent authority or under the authority of any Federal law, including 
the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any 
regulations thereunder promulgated by the Secretary or the National 
Indian Gaming Commission.
    (b) Applicability.--The foregoing prohibition in section 10(a) on 
the use of the Indian Gaming Regulatory Act and inherent authority to 
game apply regardless of whether gaming by Native Hawaiians or the 
Native Hawaiian government would be located on land within the State of 
Hawaii or within any other State or territory of the United States.

SEC. 11. DISCLAIMER.

    Nothing in this Act is intended to serve as a settlement of any 
claims against the United States, or to affect the rights of the Native 
Hawaiian people under international law.

SEC. 12. REGULATIONS.

    The Secretary is authorized to make such rules and regulations and 
such delegations of authority as the Secretary deems necessary to carry 
out the provisions of this Act.

SEC. 13. SEVERABILITY.

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