[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 675 Reported in Senate (RS)]

                                                       Calendar No. 568
112th CONGRESS
  2d Session
                                 S. 675

                          [Report No. 112-251]

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

                             March 30, 2011

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

                           December 17, 2012

                Reported by Mr. Akaka, 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 2011''.</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 and the Supreme Court has held that 
        under the Indian Commerce, Treaty, Supremacy, and Property 
        Clauses, and the War Powers, Congress may exercise that power 
        to rationally promote the welfare of the native peoples of the 
        United States so long as the native people are a ``distinctly 
        native community'';</DELETED>
        <DELETED>    (2) Native Hawaiians, the native people of the 
        Hawaiian archipelago that is now part of the United States, are 
        1 of the indigenous, native peoples of the United States, and 
        the Native Hawaiian people are a distinctly native 
        community;</DELETED>
        <DELETED>    (3) the United States has a special political and 
        legal relationship with, and has long enacted legislation to 
        promote the welfare of, the native peoples of the United 
        States, including the Native Hawaiian people;</DELETED>
        <DELETED>    (4) under the authority of the Constitution, the 
        United States concluded a number of treaties with the Kingdom 
        of Hawaii, and from 1826 until 1893, the United States--
        </DELETED>
                <DELETED>    (A) recognized the sovereignty of the 
                Kingdom of Hawaii as a nation;</DELETED>
                <DELETED>    (B) accorded full diplomatic recognition 
                to the Kingdom of Hawaii; and</DELETED>
                <DELETED>    (C) entered into treaties and conventions 
                of peace, friendship and commerce with the Kingdom of 
                Hawaii to govern trade, 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 in trust to better address 
        the conditions of Native Hawaiians in the Federal territory 
        that later became the State of Hawaii and in enacting the 
        Hawaiian Homes Commission Act, 1920, Congress acknowledged the 
        Native Hawaiian people as a native people of the United States, 
        as evidenced by the Committee Report, which notes that Congress 
        relied on the Indian affairs power and the War Powers, 
        including the power to make peace;</DELETED>
        <DELETED>    (6) by setting aside 203,500 acres of land in 
        trust for Native Hawaiian homesteads and farms, the Hawaiian 
        Homes Commission Act, 1920, assists the members of the Native 
        Hawaiian community in maintaining distinctly native communities 
        throughout the State of Hawaii;</DELETED>
        <DELETED>    (7) approximately 9,800 Native Hawaiian families 
        reside on the Hawaiian Home Lands, and approximately 25,000 
        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 
        delegated the authority and responsibility to administer the 
        Hawaiian Homes Commission Act, 1920, lands in trust for Native 
        Hawaiians and established a new public trust (commonly known as 
        the ``ceded lands trust''), for 5 purposes, 1 of which is the 
        betterment of the conditions of Native Hawaiians, and Congress 
        thereby reaffirmed its recognition of the Native Hawaiians as a 
        distinctly native community with a direct lineal and historical 
        succession to the aboriginal, indigenous people of 
        Hawaii;</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 important native land reserves and resources for the 
        Native Hawaiian community to maintain the practice of Native 
        Hawaiian culture, language, and traditions, and for the 
        continuity, survival, and economic self-sufficiency of the 
        Native Hawaiian people as a distinctly native political 
        community;</DELETED>
        <DELETED>    (11) Native Hawaiians continue to maintain other 
        distinctly native areas in Hawaii, including native lands that 
        date back to the ali`i and kuleana lands reserved under the 
        Kingdom of Hawaii;</DELETED>
        <DELETED>    (12) through the Sovereign Council of Hawaiian 
        Homelands Assembly, Native Hawaiian civic associations, 
        charitable trusts established by the Native Hawaiian ali`i, 
        nonprofit native service providers and other community 
        associations, the Native Hawaiian people have actively 
        maintained native traditions and customary usages throughout 
        the Native Hawaiian community and the Federal and State courts 
        have continuously recognized the right of the Native Hawaiian 
        people to engage in certain customary practices and usages on 
        public lands;</DELETED>
        <DELETED>    (13) 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>    (14) 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>    (15)(A) the Apology Resolution expresses the 
        commitment of Congress and the President--</DELETED>
                <DELETED>    (i) to acknowledge the ramifications of 
                the overthrow of the Kingdom of Hawaii; and</DELETED>
                <DELETED>    (ii) to support reconciliation efforts 
                between the United States and Native 
                Hawaiians;</DELETED>
        <DELETED>    (B) Congress established the Office of Hawaiian 
        Relations within the Department of the Interior with 1 of its 
        purposes being to consult with Native Hawaiians on the 
        reconciliation process; and</DELETED>
        <DELETED>    (C) the United States has the duty to reconcile 
        and reaffirm its friendship with the Native Hawaiian people 
        because, among other things, the United States Minister and 
        United States naval forces participated in the overthrow of the 
        Kingdom of Hawaii;</DELETED>
        <DELETED>    (16)(A) despite the overthrow of the Government of 
        the Kingdom of Hawaii, Native Hawaiians have continued to 
        maintain their separate identity as a single distinctly native 
        political 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; and</DELETED>
        <DELETED>    (B) there is clear continuity between the 
        aboriginal, indigenous, native people of the Kingdom of Hawaii 
        and their successors, the Native Hawaiian people 
        today;</DELETED>
        <DELETED>    (17) 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>    (18) Native Hawaiian people 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>    (19) 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>    (20) 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 single unified Native Hawaiian 
        governing entity for the purpose of giving expression to their 
        rights as a native people to self-determination and self-
        governance;</DELETED>
        <DELETED>    (21) Congress--</DELETED>
                <DELETED>    (A) has declared that the United States 
                has a special political and legal relationship for the 
                welfare of the native peoples of the United States, 
                including Native Hawaiians;</DELETED>
                <DELETED>    (B) has identified Native Hawaiians as an 
                indigenous, distinctly 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>    (22) 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 
                exclusive right of the United States to consent to any 
                actions affecting the lands included in 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>    (23) the United States has continually recognized 
        and reaffirmed that--</DELETED>
                <DELETED>    (A) Native Hawaiians have a direct 
                genealogical, cultural, historic, and land-based 
                connection to their forebears, the aboriginal, 
                indigenous, native people who exercised original 
                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 
                native people of a prior-sovereign nation with whom the 
                United States has a special political and legal 
                relationship; and</DELETED>
                <DELETED>    (D) the special 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>    (24) the State of Hawaii supports the 
        reaffirmation of the special 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.</DELETED>

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

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Aboriginal, indigenous, native people.--The 
        term ``aboriginal, indigenous, native people'' means a 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) Apology resolution.--The term ``Apology 
        Resolution'' means Public Law 103-150 (107 Stat. 1510), a Joint 
        Resolution extending an apology to Native Hawaiians on behalf 
        of the United States for the participation of agents of the 
        United States in the January 17, 1893, overthrow of the Kingdom 
        of Hawaii.</DELETED>
        <DELETED>    (3) Commission.--The term ``Commission'' means the 
        Commission established under section 8(b).</DELETED>
        <DELETED>    (4) Council.--The term ``Council'' means the 
        Native Hawaiian Interim Governing Council established under 
        section 8(c)(2).</DELETED>
        <DELETED>    (5) Indian program or service.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (6) 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).</DELETED>
        <DELETED>    (7) Indigenous, native people.--The term 
        ``indigenous, native people'' means the lineal descendants of 
        the aboriginal, indigenous, native people of the United 
        States.</DELETED>
        <DELETED>    (8) Interagency coordinating group.--The term 
        ``Interagency Coordinating Group'' means the Native Hawaiian 
        Interagency Coordinating Group established under section 
        6.</DELETED>
        <DELETED>    (9) Native hawaiian governing entity.--The term 
        ``Native Hawaiian governing entity'' means the governing entity 
        organized pursuant to this Act by the qualified Native Hawaiian 
        constituents.</DELETED>
        <DELETED>    (10) Native hawaiian membership organization.--The 
        term ``Native Hawaiian Membership Organization'' means an 
        organization that--</DELETED>
                <DELETED>    (A) serves and represents the interests of 
                Native Hawaiians, has as a primary and stated purpose 
                the provision of services to Native Hawaiians, and has 
                expertise in Native Hawaiian affairs;</DELETED>
                <DELETED>    (B) has leaders who are elected 
                democratically, or selected through traditional Native 
                leadership practices, by members of the Native Hawaiian 
                community;</DELETED>
                <DELETED>    (C) advances the cause of Native Hawaiians 
                culturally, socially, economically, or 
                politically;</DELETED>
                <DELETED>    (D) is a membership organization or 
                association; and</DELETED>
                <DELETED>    (E) has an accurate and reliable list of 
                Native Hawaiian members.</DELETED>
        <DELETED>    (11) Office.--The term ``Office'' means the United 
        States Office for Native Hawaiian Relations established by 
        section 5(a).</DELETED>
        <DELETED>    (12) Qualified native hawaiian constituent.--For 
        the purposes of establishing the roll authorized under section 
        8, and prior to the recognition by the United States of the 
        Native Hawaiian governing entity, the term ``qualified Native 
        Hawaiian constituent'' means an individual who the Commission 
        determines has satisfied the following criteria and who makes a 
        written statement certifying that he or she--</DELETED>
                <DELETED>    (A) is--</DELETED>
                        <DELETED>    (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--</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>    (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, 1920 (42 
                        Stat. 108, chapter 42), or a direct lineal 
                        descendant of that individual;</DELETED>
                <DELETED>    (B) wishes to participate in the 
                reorganization of the Native Hawaiian governing 
                entity;</DELETED>
                <DELETED>    (C) is 18 years of age or older;</DELETED>
                <DELETED>    (D) is a citizen of the United States; 
                and</DELETED>
                <DELETED>    (E) maintains a significant cultural, 
                social, or civic connection to the Native Hawaiian 
                community, as evidenced by satisfying 2 or more of the 
                following 10 criteria:</DELETED>
                        <DELETED>    (i) Resides in the State of 
                        Hawaii.</DELETED>
                        <DELETED>    (ii) Resides outside the State of 
                        Hawaii and--</DELETED>
                                <DELETED>    (I)(aa) currently serves 
                                or served as (or has a parent or spouse 
                                who currently serves or served as) a 
                                member of the Armed Forces or as an 
                                employee of the Federal Government; 
                                and</DELETED>
                                <DELETED>    (bb) resided in the State 
                                of Hawaii prior to the time he or she 
                                (or such parent or spouse) left the 
                                State of Hawaii to serve as a member of 
                                the Armed Forces or as an employee of 
                                the Federal Government; or</DELETED>
                                <DELETED>    (II)(aa) currently is or 
                                was enrolled (or has a parent or spouse 
                                who currently is or was enrolled) in an 
                                accredited institution of higher 
                                education outside the State of Hawaii; 
                                and</DELETED>
                                <DELETED>    (bb) resided in the State 
                                of Hawaii prior to the time he or she 
                                (or such parent or spouse) left the 
                                State of Hawaii to attend such 
                                institution.</DELETED>
                        <DELETED>    (iii)(I) Is or was eligible to be 
                        a beneficiary of the programs authorized by the 
                        Hawaiian Homes Commission Act, 1920 (42 Stat. 
                        108, chapter 42), and resides or resided on 
                        land set aside as ``Hawaiian home lands'', as 
                        defined in such Act; or</DELETED>
                        <DELETED>    (II) Is a child or grandchild of 
                        an individual who is or was eligible to be a 
                        beneficiary of the programs authorized by such 
                        Act and who resides or resided on land set 
                        aside as ``Hawaiian home lands'', as defined in 
                        such Act.</DELETED>
                        <DELETED>    (iv) Is or was eligible to be a 
                        beneficiary of the programs authorized by the 
                        Hawaiian Homes Commission Act, 1920 (42 Stat. 
                        108, chapter 42).</DELETED>
                        <DELETED>    (v) Is a child or grandchild of an 
                        individual who is or was eligible to be a 
                        beneficiary of the programs authorized by the 
                        Hawaiian Homes Commission Act, 1920 (42 Stat. 
                        108, chapter 42).</DELETED>
                        <DELETED>    (vi) Resides on or has an 
                        ownership interest in, or has a parent or 
                        grandparent who resides on or has an ownership 
                        interest in, ``kuleana land'' that is owned in 
                        whole or in part by a person who, according to 
                        a genealogy verification by the Office of 
                        Hawaiian Affairs or by court order, is a lineal 
                        descendant of the person or persons who 
                        received the original title to such ``kuleana 
                        land'', defined as lands granted to native 
                        tenants pursuant to Haw. L. 1850, p. 202, 
                        entitled ``An Act Confirming Certain 
                        Resolutions of the King and Privy Council 
                        Passed on the 21st day of December, A.D. 1849, 
                        Granting to the Common People Allodial Titles 
                        for Their Own Lands and House Lots, and Certain 
                        Other Privileges'', as amended by Haw. L. 1851, 
                        p. 98, entitled ``An Act to Amend An Act 
                        Granting to the Common People Allodial Titles 
                        for Their Own Lands and House Lots, and Certain 
                        Other Privileges'' and as further amended by 
                        any subsequent legislation.</DELETED>
                        <DELETED>    (vii) Is, or is the child or 
                        grandchild of, an individual who has been or 
                        was a student for at least 1 school year at a 
                        school or program taught through the medium of 
                        the Hawaiian language under section 302H-6, 
                        Hawaii Revised Statutes, or at a school founded 
                        and operated primarily or exclusively for the 
                        benefit of Native Hawaiians.</DELETED>
                        <DELETED>    (viii) Has been a member since 
                        September 30, 2009, of at least 1 Native 
                        Hawaiian Membership Organization.</DELETED>
                        <DELETED>    (ix) Has been a member since 
                        September 30, 2009, of at least 2 Native 
                        Hawaiian Membership Organizations.</DELETED>
                        <DELETED>    (x) Is regarded as a Native 
                        Hawaiian and whose mother or father is (or if 
                        deceased, was) regarded as Native Hawaiian by 
                        the Native Hawaiian community, as evidenced by 
                        sworn affidavits from two or more qualified 
                        Native Hawaiian constituents certified by the 
                        Commission as possessing expertise in the 
                        social, cultural, and civic affairs of the 
                        Native Hawaiian community.</DELETED>
        <DELETED>    (13) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (14) Special political and legal relationship.--
        The term ``special political and legal relationship'' shall 
        refer, except where differences are specifically indicated 
        elsewhere in the Act, to the type of and nature of relationship 
        the United States has with the several federally recognized 
        Indian tribes.</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)(A) Congress possesses and hereby exercises the 
        authority under the Constitution, including but not limited to 
        article I, section 8, clause 3, to enact legislation to better 
        the conditions of Native Hawaiians and has exercised this 
        authority through the enactment of--</DELETED>
                <DELETED>    (i) the Hawaiian Homes Commission Act, 
                1920 (42 Stat. 108, chapter 42);</DELETED>
                <DELETED>    (ii) 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>    (iii) more than 150 other Federal laws 
                addressing the conditions of Native 
                Hawaiians;</DELETED>
        <DELETED>    (B) other sources of authority under the 
        Constitution for legislation on behalf of the indigenous, 
        native peoples of the United States, including Native 
        Hawaiians, include but are not limited to the Property, Treaty, 
        and Supremacy Clauses, War Powers, and the Fourteenth 
        Amendment, and Congress hereby relies on those powers in 
        enacting this legislation; and</DELETED>
        <DELETED>    (C) the Constitution's original Apportionment 
        Clause and the 14th Amendment Citizenship and amended 
        Apportionment Clauses also acknowledge the propriety of 
        legislation on behalf of the native peoples of the United 
        States, including 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 single Native Hawaiian governing 
entity and the reaffirmation of the special political and legal 
relationship between the United States and that 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 government-to-
        government relationship between the single 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) provide timely notice to, and consult with, 
        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) work with the Interagency Coordinating Group, 
        other Federal agencies, and 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 Natural 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 may provide recommendations for any 
        necessary changes to Federal law or regulations promulgated 
        under the authority of Federal law.</DELETED>
<DELETED>    (c) Applicability to Department of Defense.--This section 
shall have no applicability to the Department of Defense or to any 
agency or component of the Department of Defense, but the Secretary of 
Defense may designate 1 or more officials as liaison to the 
Office.</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 whose actions may 
        significantly or uniquely impact Native Hawaiian programs, 
        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 
        and the White House Office of Intergovernmental Affairs shall 
        serve as the leaders 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) consult with the Native Hawaiian governing 
        entity, through the coordination referred to in paragraph (1), 
        but the consultation obligation established in this provision 
        shall apply only after the satisfaction of all of the 
        conditions referred to in section 8(c)(8); 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>    (e) Applicability to Department of Defense.--This section 
shall have no applicability to the Department of Defense or to any 
agency or component of the Department of Defense, but the Secretary of 
Defense may designate 1 or more officials as liaison to the Interagency 
Coordinating Group.</DELETED>

<DELETED>SEC. 7. DESIGNATION OF DEPARTMENT OF JUSTICE 
              REPRESENTATIVE.</DELETED>

<DELETED>    The Attorney General shall designate an appropriate 
official within the Department of Justice to assist the Office in the 
implementation and protection of the rights of Native Hawaiians and 
their political and legal relationship with the United States, and upon 
the recognition of the Native Hawaiian governing entity as provided for 
in section 8, in the implementation and protection of the rights of the 
Native Hawaiian governing entity and its political and legal 
relationship with the United States.</DELETED>

<DELETED>SEC. 8. PROCESS FOR REORGANIZATION OF NATIVE HAWAIIAN 
              GOVERNING ENTITY AND REAFFIRMATION OF SPECIAL POLITICAL 
              AND LEGAL RELATIONSHIP BETWEEN UNITED STATES AND NATIVE 
              HAWAIIAN GOVERNING ENTITY.</DELETED>

<DELETED>    (a) Recognition of Native Hawaiian Governing Entity.--The 
right of the qualified Native Hawaiian constituents to reorganize the 
single 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 9 members for the 
        purposes of--</DELETED>
                <DELETED>    (A) preparing and maintaining a roll of 
                qualified Native Hawaiian constituents; and</DELETED>
                <DELETED>    (B) certifying that the individuals on the 
                roll of qualified Native Hawaiian constituents meet the 
                definition of qualified Native Hawaiian constituent set 
                forth in section 3.</DELETED>
        <DELETED>    (2) Membership.--</DELETED>
                <DELETED>    (A) Appointment.--</DELETED>
                        <DELETED>    (i) In general.--Not later than 
                        180 days after the date of enactment of this 
                        Act, the Secretary shall appoint the members of 
                        the Commission in accordance with subparagraph 
                        (B).</DELETED>
                        <DELETED>    (ii) Consideration.--In making an 
                        appointment under clause (i), the Secretary may 
                        take into consideration a recommendation made 
                        by any Native Hawaiian Membership 
                        Organization.</DELETED>
                <DELETED>    (B) Requirements.--Each member of the 
                Commission shall demonstrate, as determined by the 
                Secretary--</DELETED>
                        <DELETED>    (i) not less than 10 years of 
                        experience in the study and determination of 
                        Native Hawaiian genealogy (traditional cultural 
                        experience shall be given due consideration); 
                        and</DELETED>
                        <DELETED>    (ii) an ability to read and 
                        translate into English documents written in the 
                        Hawaiian language.</DELETED>
                <DELETED>    (C) Vacancies.--A vacancy on the 
                Commission--</DELETED>
                        <DELETED>    (i) shall not affect the powers of 
                        the Commission; and</DELETED>
                        <DELETED>    (ii) shall be filled in the same 
                        manner as the original appointment.</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 
                qualified Native Hawaiian constituents as set forth in 
                subsection (c); and</DELETED>
                <DELETED>    (B) certify that the individuals on the 
                roll of qualified Native Hawaiian constituents meet the 
                definition of that term as set forth in section 
                3.</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 special political and 
        legal relationship between the Native Hawaiian governing entity 
        and the United States.</DELETED>
<DELETED>    (c) Process for Reorganization of Native Hawaiian 
Governing Entity.--</DELETED>
        <DELETED>    (1) Roll.--</DELETED>
                <DELETED>    (A) Contents.--The roll shall include the 
                names of the qualified Native Hawaiian constituents who 
                are certified by the Commission to be qualified Native 
                Hawaiian constituents, as defined in section 
                3.</DELETED>
                <DELETED>    (B) Formation of roll.--Each individual 
                claiming to be a qualified Native Hawaiian constituent 
                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 set forth in section 3; 
                Provided, That an individual presenting evidence that 
                he or she satisfies the definition in section 2 of 
                Public Law 103-150 shall be presumed to meet the 
                requirement of section 3(12)(A)(i).</DELETED>
                <DELETED>    (C) Documentation.--The Commission shall--
                </DELETED>
                        <DELETED>    (i)(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 qualified Native Hawaiian 
                        constituent set forth in section 3;</DELETED>
                        <DELETED>    (II) recognize an individual's 
                        identification of lineal ancestors on the 1890 
                        Census by the Kingdom of Hawaii as a reliable 
                        indicia of lineal descent from the aboriginal, 
                        indigenous, native people who resided in the 
                        islands that now comprise the State of Hawaii 
                        on or before January 1, 1893; and</DELETED>
                        <DELETED>    (III) permit elderly Native 
                        Hawaiians and other Native Hawaiians lacking 
                        birth certificates or other documentation due 
                        to birth on Hawaiian Home Lands or other 
                        similar circumstances to establish lineal 
                        descent by sworn affidavits from 2 or more 
                        qualified Native Hawaiian 
                        constituents;</DELETED>
                        <DELETED>    (ii) establish a standard format 
                        for the submission of documentation and a 
                        process to ensure veracity; 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 individual proposed for 
                inclusion on the roll of qualified Native Hawaiian 
                constituents meets the definition of qualified Native 
                Hawaiian constituent in section 3, the Commission may 
                consult with Native Hawaiian Membership 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) Notification.--The Commission shall--
                </DELETED>
                        <DELETED>    (i) inform an individual whether 
                        they have been deemed by the Commission a 
                        qualified Native Hawaiian constituent; 
                        and</DELETED>
                        <DELETED>    (ii) inform an individual of a 
                        right to appeal the decision if deemed not to 
                        be a qualified Native Hawaiian 
                        constituent.</DELETED>
                <DELETED>    (F) Certification and submittal of roll to 
                secretary.--The Commission shall--</DELETED>
                        <DELETED>    (i) submit the roll containing the 
                        names of those individuals who meet the 
                        definition of qualified Native Hawaiian 
                        constituent in section 3 to the Secretary 
                        within 2 years from the date on which the 
                        Commission is fully composed; and</DELETED>
                        <DELETED>    (ii) certify to the Secretary that 
                        each of the qualified Native Hawaiian 
                        constituents proposed for inclusion on the roll 
                        meets the definition set forth in section 
                        3.</DELETED>
                <DELETED>    (G) Publication.--Upon certification by 
                the Commission to the Secretary that those listed on 
                the roll meet the definition of qualified Native 
                Hawaiian constituent set forth in section 3, the 
                Commission shall publish the notice of the 
                certification of the roll in the Federal Register, 
                notwithstanding pending appeals pursuant to 
                subparagraph (H).</DELETED>
                <DELETED>    (H) Appeal.--The Secretary, in 
                consultation with the Commission, shall establish a 
                mechanism for an administrative appeal for any person 
                whose name is excluded from the roll who claims to meet 
                the definition of qualified Native Hawaiian constituent 
                in section 3.</DELETED>
                <DELETED>    (I) Publication; update.--The Commission 
                shall--</DELETED>
                        <DELETED>    (i) publish the notice of the 
                        certification of the roll regardless of whether 
                        appeals are pending;</DELETED>
                        <DELETED>    (ii) update the roll and provide 
                        notice of the updated roll on the final 
                        disposition of any appeal;</DELETED>
                        <DELETED>    (iii) update the roll to include 
                        any person who has been certified by the 
                        Commission as meeting the definition of 
                        qualified Native Hawaiian constituent in 
                        section 3 after the initial publication of the 
                        roll or after any subsequent publications of 
                        the roll; and</DELETED>
                        <DELETED>    (iv) provide a copy of the roll 
                        and any updated rolls to the Council.</DELETED>
                <DELETED>    (J) Effect of publication.--The 
                publication of the initial and updated roll shall serve 
                as the basis for the eligibility of qualified Native 
                Hawaiian constituents whose names are listed on those 
                rolls to participate in the reorganization of the 
                Native Hawaiian governing entity.</DELETED>
        <DELETED>    (2) Organization of council.--</DELETED>
                <DELETED>    (A) Organization.--The Commission, in 
                consultation with the Secretary, shall hold a minimum 
                of 3 meetings and each meeting shall be at least 2 
                working days of the qualified Native Hawaiian 
                constituents listed on the roll established under this 
                section--</DELETED>
                        <DELETED>    (i) to develop criteria for 
                        candidates to be elected to serve on the 
                        Council;</DELETED>
                        <DELETED>    (ii) to determine the structure of 
                        the Council, including the number of Council 
                        members; and</DELETED>
                        <DELETED>    (iii) to elect members from 
                        individuals listed on the roll established 
                        under this subsection to the Council.</DELETED>
                <DELETED>    (B) Powers.--</DELETED>
                        <DELETED>    (i) In general.--The Council--
                        </DELETED>
                                <DELETED>    (I) shall represent those 
                                listed on the roll established 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 shall conduct, among the 
                                qualified Native Hawaiian constituents 
                                listed on the roll established under 
                                this subsection, a referendum 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 future membership 
                                        in 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 shall 
                                develop proposed organic governing 
                                documents for the Native Hawaiian 
                                governing entity and may seek technical 
                                assistance from the Secretary on the 
                                draft organic governing documents to 
                                ensure that the draft organic governing 
                                documents comply with this Act and 
                                other Federal law.</DELETED>
                                <DELETED>    (III) Distribution.--The 
                                Council shall publish to all qualified 
                                Native Hawaiian constituents of the 
                                Native Hawaiian governing entity listed 
                                on the roll published under this 
                                subsection notice of the availability 
                                of--</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.--
                                </DELETED>
                                        <DELETED>    (aa) In general.--
                                        Not sooner than 180 days after 
                                        the proposed organic governing 
                                        documents are drafted and 
                                        distributed, the Council, with 
                                        the assistance of the 
                                        Secretary, shall hold elections 
                                        for the purpose of ratifying 
                                        the proposed organic governing 
                                        documents.</DELETED>
                                        <DELETED>    (bb) Purpose.--The 
                                        Council, with the assistance of 
                                        the Secretary, shall hold the 
                                        election for the purpose of 
                                        ratifying the proposed organic 
                                        governing documents 60 days 
                                        after publishing notice of an 
                                        election.</DELETED>
                                        <DELETED>    (cc) Officers.--On 
                                        certification of the organic 
                                        governing documents by the 
                                        Secretary in accordance with 
                                        paragraph (4), the Council, 
                                        with the assistance of the 
                                        Secretary, shall 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 9(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 180 days, which may be extended an 
                additional 90 days if the Secretary deems necessary, 
                after the date on which the Council submits the organic 
                governing documents to the Secretary, the Secretary 
                shall certify or decline to certify that the organic 
                governing documents--</DELETED>
                        <DELETED>    (i) establish the criteria for 
                        membership in the Native Hawaiian governing 
                        entity;</DELETED>
                        <DELETED>    (ii) were adopted by a majority 
                        vote of those qualified Native Hawaiian 
                        constituents whose names are listed on the roll 
                        published by the Secretary and who voted in the 
                        election;</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 
                        inherent and other appropriate governmental 
                        authorities by the Native Hawaiian governing 
                        entity;</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.</DELETED>
                <DELETED>    (B) Resubmission in case of 
                noncompliance.--</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 this paragraph shall be deemed to 
                have been made if the Secretary has not acted within 
                180 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, with the assistance of the Secretary, shall hold 
        elections of the officers of the Native Hawaiian governing 
        entity.</DELETED>
        <DELETED>    (6) Provision of roll.--The Council shall provide 
        a copy of the roll of qualified Native Hawaiian constituents to 
        the governing body of the Native Hawaiian governing 
        entity.</DELETED>
        <DELETED>    (7) Termination.--The Council shall cease to exist 
        and shall have no power or authority under this Act after the 
        officers of the governing body who are elected as provided in 
        paragraph (5) are installed.</DELETED>
        <DELETED>    (8) Reaffirmation.--Notwithstanding any other 
        provision of law, the special political and legal relationship 
        between the United States and the Native Hawaiian people is 
        hereby reaffirmed and the United States extends Federal 
        recognition to the Native Hawaiian governing entity as the 
        representative sovereign governing body of the Native Hawaiian 
        people after--</DELETED>
                <DELETED>    (A) the approval of the organic governing 
                documents by the Secretary under subparagraph (A) or 
                (C) of paragraph (4); and</DELETED>
                <DELETED>    (B) the officers of the Native Hawaiian 
                governing entity elected under paragraph (5) have been 
                installed.</DELETED>

<DELETED>SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY TO 
              STATE OF HAWAII; 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 
        special 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 or agreements addressing such matters as--</DELETED>
                <DELETED>    (A) the transfer of State of Hawaii lands 
                and surplus Federal 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 exercise of other powers and 
                authorities that are recognized by the United States as 
                powers and authorities typically exercised by 
                governments representing indigenous, native people of 
                the United States;</DELETED>
                <DELETED>    (E) any residual responsibilities of the 
                United States and the State of Hawaii; and</DELETED>
                <DELETED>    (F) grievances regarding assertions of 
                historical wrongs committed against Native Hawaiians by 
                the United States or by the State of Hawaii.</DELETED>
        <DELETED>    (2) Amendments to existing laws.--Upon agreement 
        on any matter or matters negotiated with the United States or 
        the State of Hawaii, and the Native Hawaiian governing entity, 
        the parties may 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 Natural 
                Resources of the House of Representatives 
                recommendations for proposed amendments to Federal law 
                that will enable the implementation of agreements 
                reached between the 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 
                governments.</DELETED>
        <DELETED>    (3) Governmental authority and power.--The Native 
        Hawaiian governing entity shall be vested with the inherent 
        powers and privileges of self-government of a native government 
        under existing law, except as set forth in section 10(a). Said 
        powers and privileges may be modified by agreement between the 
        Native Hawaiian governing entity, the United States, and the 
        State pursuant to paragraph (1), subject to the limit described 
        by section 10(a). Unless so agreed, nothing in this Act shall 
        preempt Federal or State authority over Native Hawaiians or 
        their property under existing law or authorize the State to tax 
        or regulate the Native Hawaiian governing entity.</DELETED>
        <DELETED>    (4) Membership.--Once the United States extends 
        Federal recognition to the Native Hawaiian governing entity, 
        the United States will recognize and affirm the Native Hawaiian 
        governing entity's inherent power and authority to determine 
        its own membership criteria, to determine its own membership, 
        and to grant, deny, revoke, or qualify membership without 
        regard to whether any person was or was not deemed to be a 
        qualified Native Hawaiian constituent under this Act.</DELETED>
<DELETED>    (c) Claims.--Nothing in this Act--</DELETED>
        <DELETED>    (1) alters existing law, including case law, 
        regarding obligations of the United States or the State of 
        Hawaii relating to events or actions that occurred prior to 
        recognition of the Native Hawaiian governing entity;</DELETED>
        <DELETED>    (2) creates, enlarges, revives, modifies, 
        diminishes, extinguishes, waives, or otherwise alters any claim 
        or cause of action against the United States or its officers or 
        the State of Hawaii or its officers, or any defense (including 
        the defense of statute of limitations) to any such claim or 
        cause of action; or</DELETED>
        <DELETED>    (3) amends section 2409a of title 28, United 
        States Code (commonly known as the ``Quiet Title Act''), 
        chapter 171 of title 28, United States Code (commonly known as 
        the ``Federal Tort Claims Act''), section 1491 of title 28, 
        United States Code (commonly known as the ``Tucker Act''), 
        section 1505 of title 28, United States Code (commonly known as 
        the ``Indian Tucker Act''), the Hawaii Organic Act (31 Stat. 
        141), or any other Federal statute, except as expressly amended 
        by this Act.</DELETED>

<DELETED>SEC. 10. APPLICABILITY OF CERTAIN FEDERAL LAWS.</DELETED>

<DELETED>    (a) Indian Gaming Regulatory Act.--</DELETED>
        <DELETED>    (1) In general.--The Native Hawaiian governing 
        entity 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.</DELETED>
        <DELETED>    (2) Applicability.--The prohibition contained in 
        paragraph (1) regarding the use of Indian Gaming Regulatory Act 
        (25 U.S.C. 2701 et seq.) and inherent authority to game applies 
        regardless of whether gaming by Native Hawaiians or the Native 
        Hawaiian governing entity would be located on land within the 
        State of Hawaii or within any other State or territory of the 
        United States.</DELETED>
<DELETED>    (b) Single Governing Entity.--This Act will result in the 
recognition of the single Native Hawaiian governing entity. Additional 
Native Hawaiian groups shall not be eligible for acknowledgment 
pursuant to the Federal Acknowledgment Process set forth in part 83 of 
title 25, Code of Federal Regulations, or any other administrative 
acknowledgment or recognition process.</DELETED>
<DELETED>    (c) Indian Civil Rights Act of 1968.--The Council and the 
subsequent governing entity recognized under this Act shall be an 
Indian tribe, as defined in section 201 of the Indian Civil Rights Act 
of 1968 (25 U.S.C. 1301) for purposes of sections 201 through 203 of 
that Act (25 U.S.C. 1301-1303).</DELETED>
<DELETED>    (d) Indian Programs, Services, and Laws.--</DELETED>
        <DELETED>    (1) In general.--Notwithstanding any other 
        provision of this Act, nothing in this Act extends eligibility 
        for any Indian program or service to the Native Hawaiian 
        governing entity or its members unless a statute governing such 
        a program or service expressly provides that Native Hawaiians 
        or the Native Hawaiian governing entity is eligible for such 
        program or service. Nothing in this Act affects the eligibility 
        of any person for any program or service under any statute or 
        law in effect before the date of enactment of this 
        Act.</DELETED>
        <DELETED>    (2) Applicability of other terms.--In Federal 
        statutes or regulations in force prior to the United States' 
        recognition of the Native Hawaiian governing entity, the terms 
        ``Indian'' and ``Native American'', and references to Indian 
        tribes, bands, nations, pueblos, villages, or other organized 
        groups or communities, shall not apply to the Native Hawaiian 
        governing entity or its members, unless the Federal statute or 
        regulation expressly applies to Native Hawaiians or the Native 
        Hawaiian governing entity.</DELETED>
<DELETED>    (e) Real Property Transfers.--Section 2116 of the Revised 
Statutes (commonly known as the ``Indian Trade and Intercourse Act'') 
(25 U.S.C. 177) does not apply to any purchase, grant, lease, or other 
conveyance of lands, or of any title or claim thereto, from Native 
Hawaiians, Native Hawaiian entities, or the Kingdom of Hawaii that 
occurred prior to the date of the United States recognition of the 
Native Hawaiian governing entity.</DELETED>

<DELETED>SEC. 11. 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. 12. 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 2012''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the United States has continually recognized and 
        reaffirmed that--
                    (A) the Native Hawaiian people today are the 
                political successors to the indigenous, native people 
                who exercised original sovereignty over the Hawaiian 
                Islands;
                    (B) the Native Hawaiian people have never 
                relinquished their claims to sovereignty or their 
                sovereign lands;
                    (C) the special political and legal relationship of 
                American Indians, Alaska Natives, and Native Hawaiians 
                to the United States arises out of their status as 
                indigenous, native peoples of the United States; and
                    (D) the Native Hawaiian people are a distinctly 
                native community and one of the indigenous, native 
                peoples of the United States;
            (2) the Constitution vests Congress with the authority to 
        address the conditions of the indigenous, native peoples of the 
        United States under provisions including--
                    (A) clause 3 of section 8 of article I, the 
                Property, Treaty, and Supremacy clauses, and the War 
                Powers clause; and
                    (B) the original Apportionment clause and the 
                Fourteenth Amendment Citizenship and amended 
                Apportionment clauses;
            (3) Congress has exercised constitutional authority to 
        address the conditions of the Native Hawaiian people 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 the Native Hawaiian people;
            (4) the United States has recognized and reaffirmed the 
        special political and legal relationship between the United 
        States and 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) delegating broad authority to the State of 
                Hawaii to administer some of the responsibilities of 
                the United States, as those responsibilities relate to 
                the Native Hawaiian people and their lands;
                    (B) ceding to the State of Hawaii title to the 
                public land formerly held by the United States, and 
                mandating that those lands be held as a public trust 
                for 5 purposes, 1 of which is the betterment of the 
                conditions of the Native Hawaiian people; and
                    (C) transferring the responsibility of the United 
                States for the administration of the Hawaiian Home 
                Lands to the State of Hawaii, but retaining the 
                exclusive right to consent to any actions affecting the 
                lands included in the trust and any amendments to the 
                Hawaiian Homes Commission Act, 1920 (42 Stat. 108, 
                chapter 42), that are enacted by the legislature of the 
                State of Hawaii affecting the beneficiaries under that 
                Act;
            (5) on November 23, 1993, the Joint Resolution of 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 
        Hawaiian people for the role of the United States in the 
        overthrow of the Kingdom of Hawaii, and acknowledging 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;
            (6) pursuant to Public Law 103-150, on October 23, 2000, 
        the Department of Justice and the Department of the Interior 
        released a report entitled ``From Mauka to Makai: The River of 
        Justice Must Flow Freely'', recommending that Congress enact 
        legislation ``to create a framework for recognizing a 
        government-to-government relationship with a representative 
        Native Hawaiian governing body'';
            (7) on December 16, 2010, the United States announced its 
        support for the United Nations Declaration on the Rights of 
        Indigenous Peoples (Resolution 61/295, adopted September 13, 
        2007), which includes the Native Hawaiian people and states 
        that indigenous peoples possess--
                    (A) the right to self-determination and to freely 
                determine their political status and freely pursue 
                their economic, social, and cultural development; and
                    (B) the right to autonomy or self-government in 
                matters relating to their internal and local affairs; 
                and
            (8) the State of Hawaii has long supported the Federal 
        reaffirmation of the special political and legal relationship 
        with the Native Hawaiian people and a recognition of the Native 
        Hawaiian governing entity by the United States, as evidenced by 
        numerous actions, including through the enactment of Act 195 
        (2011), which--
                    (A) recognizes the Native Hawaiian people as the 
                only indigenous, native people of Hawaii;
                    (B) urges Federal recognition of the Native 
                Hawaiian people and the Native Hawaiian governing 
                entity; and
                    (C) creates the Native Hawaiian Roll Commission to 
                develop a roll of qualified Native Hawaiians to 
                facilitate the reorganization of a Native Hawaiian 
                governing entity.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Council.--The term ``Council'' means the Interim 
        Governing Council established under section 5(c).
            (2) Indigenous, native people.--The term ``indigenous, 
        native people'' means any of the peoples referred to in the 
        Constitution as ``Indians'' and ``Tribes'' that are the 
        original inhabitants who exercised sovereignty over any area 
        that later became part of the United States, including their 
        lineal descendants.
            (3) Native hawaiian governing entity.--The term ``Native 
        Hawaiian governing entity'' means the representative sovereign 
        governing body of the Native Hawaiian people reorganized under 
        section 5.
            (4) Native hawaiian roll commission.--The term ``Native 
        Hawaiian Roll Commission'' means the Commission established by 
        the State of Hawaii under Act 195 (2011).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) Special political and legal relationship.--The term 
        ``special political and legal relationship'' means the nature 
        of the relationship between the United States and federally 
        recognized Indian tribes.

SEC. 4. POLICY AND PURPOSE.

    (a) Policy.--It is the policy of the United States that--
            (1) Congress possesses and exercises the constitutional 
        authority to address the conditions of the Native Hawaiian 
        people;
            (2) the Native Hawaiian people have--
                    (A) an inherent right to autonomy in 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;
            (3) notwithstanding any other provision of law, the United 
        States--
                    (A) reaffirms the special political and legal 
                relationship between the United States and the Native 
                Hawaiian people, which includes promoting the welfare 
                of the Native Hawaiian people; and
                    (B) reaffirms the authority delegated to the State 
                of Hawaii by the United States to address the 
                conditions of the Native Hawaiian people 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);
            (4) the United States ensures parity in policy and 
        treatment among all indigenous groups with which the United 
        States has a special political and legal relationship; 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 and Federal recognition of a single Native Hawaiian 
governing entity that exercises the inherent powers of self-government 
of a native government under existing law with the same privileges and 
immunities available to other federally recognized Indian tribes.

SEC. 5. REORGANIZATION OF THE NATIVE HAWAIIAN GOVERNING ENTITY.

    (a) Right to Reorganize.--
            (1) In general.--The right of the Native Hawaiian people to 
        reorganize a Native Hawaiian governing entity to provide for 
        the common welfare and to adopt an appropriate constitution and 
        bylaws pursuant to section 16 of the Act of June 18, 1934 (25 
        U.S.C. 476), is recognized by the United States.
            (2) Action by secretary.--In accordance with the 
        recognition under paragraph (1), the Secretary shall carry out 
        the duties and functions of the Secretary pursuant to this 
        section as soon as practicable after the date of enactment of 
        this Act.
    (b) Members.--The individuals listed on the roll compiled and 
certified by the Native Hawaiian Roll Commission shall be considered 
members of the Native Hawaiian people for the purposes of 
reorganization of a Native Hawaiian governing entity, provided that the 
roll is published, available for inspection, and compiled in accordance 
with applicable due process principles.
    (c) Interim Governing Council.--
            (1) Establishment.--The members included on the roll 
        described in subsection (b), in consultation with the 
        Secretary, shall establish a council, to be known as the 
        ``Interim Governing Council'', by--
                    (A) developing criteria based on which candidates 
                included on the roll may be elected to serve on the 
                Council;
                    (B) determining the structure of the Council, 
                including the number of Council members; and
                    (C) electing Council members.
            (2) Powers.--The Council--
                    (A) shall represent the members included on the 
                membership roll in the implementation of this Act;
                    (B) shall have no powers other than the powers 
                provided to the Council by this Act; and
                    (C) may enter into a contract with, or obtain a 
                grant from, any Federal, State, or local government 
                agency or any private nonprofit or entity to carry out 
                the duties of the Council under paragraph (3).
            (3) Duties.--Not later than 2 years after the date on which 
        all members of the Council are elected, the Council shall--
                    (A) secure appropriate input from members included 
                on the roll, through consultation, referenda, or other 
                means, regarding the proposed elements of the 
                constitution and bylaws for the Native Hawaiian 
                governing entity;
                    (B) develop a proposed constitution and bylaws for 
                the Native Hawaiian governing entity;
                    (C) provide to all members the proposed 
                constitution and bylaws, as drafted by the Council, 
                including a brief, objective description of each such 
                provision;
                    (D) not earlier than 90 days after the date of 
                completion of the requirements of subparagraph (C), 
                submit to the Secretary a request to hold an election 
                to ratify the proposed constitution and bylaws; and
                    (E) on ratification, submit to the Secretary the 
                constitution and bylaws for approval under section 16 
                of the Act of June 18, 1934 (25 U.S.C. 476).
            (4) Elections.--The Council, with the assistance of the 
        Secretary, shall hold elections of the officers of the Native 
        Hawaiian governing entity identified in the approved 
        constitution and bylaws.
            (5) Termination.--The Council shall cease to exist and 
        shall have no power or authority under this Act after the date 
        on which all officers of the Native Hawaiian governing entity 
        elected under paragraph (4) are installed.

SEC. 6. APPLICABILITY OF OTHER FEDERAL LAWS.

    (a) Governmental Authority and Power.--The Native Hawaiian 
governing entity shall--
            (1) have the inherent powers and privileges of self-
        government of an Indian tribe under applicable Federal law, 
        including the inherent power and authority--
                    (A) to determine membership in, and membership 
                criteria for, the Native Hawaiian people; and
                    (B) to grant, deny, revoke, or qualify membership 
                without regard to whether any individual is considered 
                to be a member of the Native Hawaiian people under this 
                Act; and
            (2) be considered to be an Indian tribe for purposes of 
        section 104 of the Federally Recognized Indian Tribe List Act 
        of 1994 (25 U.S.C. 479a-1).
    (b) Indian Gaming Regulatory Act.--The Native Hawaiian governing 
entity--
            (1) is subject to the Indian Gaming Regulatory Act (25 
        U.S.C. 2701 et seq.) (including regulations promulgated 
        pursuant to that Act by the Secretary or the National Indian 
        Gaming Commission); and
            (2) may not conduct gaming activities (within the meaning 
        of section 4 of that Act (25 U.S.C. 2703)) unless the State of 
        Hawaii permits such an activity for any purpose by an 
        individual, organization, or entity.
    (c) Indian Reorganization Act.--
            (1) In general.--The Secretary may consider the Native 
        Hawaiian governing entity to be an Indian tribe for purposes of 
        carrying out any activity authorized under the Act of June 18, 
        1934 (commonly known as the ``Indian Reorganization Act'') (25 
        U.S.C. 461 et seq.).
            (2) Ratification and confirmation of actions.--Any action 
        taken by the Secretary pursuant to the Act of June 18, 1934 
        (commonly known as the ``Indian Reorganization Act'') (25 
        U.S.C. 461 et seq.) for the Native Hawaiian governing entity is 
        ratified and confirmed to the extent that the action is 
        challenged based on the question of whether the Native Hawaiian 
        governing entity was federally recognized or under Federal 
        jurisdiction on June 18, 1934.

SEC. 7. SEVERABILITY.

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

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                                       Calendar No. 568

112th CONGRESS

  2d Session

                                 S. 675

                          [Report No. 112-251]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 17, 2012

                       Reported with an amendment