[Congressional Record Volume 146, Number 116 (Tuesday, September 26, 2000)]
[House]
[Pages H8146-H8153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPRESSING POLICY OF UNITED STATES REGARDING ITS RELATIONSHIP WITH
NATIVE HAWAIIANS
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4904) to express the policy of the United States regarding
the United States relationship with Native Hawaiians, and for other
purposes, as amended.
The Clerk read as follows:
H.R. 4904
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The Constitution vests Congress with the authority to
address the conditions of the indigenous, native people of
the United States.
(2) Native Hawaiians, the native people of the Hawaiian
archipelago which is now part of the United States, are
indigenous, native people of the United States.
(3) The United States has a special trust relationship to
promote the welfare of the native people of the United
States, including Native Hawaiians.
(4) Under the treaty making power of the United States,
Congress exercised its constitutional authority to confirm a
treaty between the United States and the government that
represented the Hawaiian people, and from 1826 until 1893,
the United States recognized the independence of the Kingdom
of Hawaii, extended full diplomatic recognition to the
Hawaiian government, and entered into treaties and
conventions with the Hawaiian monarchs to govern commerce and
navigation in 1826, 1842, 1849, 1875, and 1887.
(5) Pursuant to the provisions of the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108, chapter 42), the United
States set aside 203,500 acres of land in the Federal
territory that later became the State of Hawaii to address
the conditions of Native Hawaiians.
(6) By setting aside 203,500 acres of land for Native
Hawaiian homesteads and farms, the Act assists the Native
Hawaiian community in maintaining distinct native settlements
throughout the State of Hawaii.
(7) Approximately 6,800 Native Hawaiian lessees and their
family members reside on Hawaiian Home Lands and
approximately 18,000 Native Hawaiians who are eligible to
reside on the Home Lands are on a waiting list to receive
assignments of land.
(8) In 1959, as part of the compact admitting Hawaii into
the United States, Congress established the Ceded Lands Trust
for 5 purposes, 1 of which is the betterment of the
conditions of Native Hawaiians. Such trust consists of
approximately 1,800,000 acres of land, submerged lands, and
the revenues derived from such lands, the assets of which
have never been completely inventoried or segregated.
(9) Throughout the years, Native Hawaiians have repeatedly
sought access to the Ceded Lands Trust and its resources and
revenues in order to establish and maintain native
settlements and distinct native communities throughout the
State.
(10) The Hawaiian Home Lands and the Ceded Lands provide an
important foundation for the ability of the Native Hawaiian
community to maintain the practice of Native Hawaiian
culture, language, and traditions, and for the survival of
the Native Hawaiian people.
(11) Native Hawaiians have maintained other distinctly
native areas in Hawaii.
(12) On November 23, 1993, Public Law 103-150 (107 Stat.
1510) (commonly known as the Apology Resolution) was enacted
into law, extending an apology on behalf of the United States
to the Native people of Hawaii for the United States role in
the overthrow of the Kingdom of Hawaii.
(13) The Apology Resolution acknowledges that the overthrow
of the Kingdom of Hawaii occurred with the active
participation of agents and citizens of the United States and
further acknowledges that the Native Hawaiian people never
directly relinquished their claims to their inherent
sovereignty as a people over their national lands to the
United States, either through their monarchy or through a
plebiscite or referendum.
(14) The Apology Resolution expresses the commitment of
Congress and the President to acknowledge the ramifications
of the overthrow of the Kingdom of Hawaii and to support
reconciliation efforts between the United States and Native
Hawaiians; and to have Congress and the President, through
the President's designated officials, consult with Native
Hawaiians on the reconciliation process as called for under
the Apology Resolution.
(15) Despite the overthrow of the Hawaiian government,
Native Hawaiians have continued to maintain their separate
identity as a distinct native community through the formation
of cultural, social, and political institutions, and to give
expression to their rights as native people to self-
determination and self-governance as evidenced through their
participation in the Office of Hawaiian Affairs.
(16) Native Hawaiians also maintain a distinct Native
Hawaiian community through the provision of governmental
services to Native Hawaiians, including the provision of
health care services, educational programs, employment and
training programs, children's services, conservation
programs, fish and wildlife protection, agricultural
programs, native language immersion programs and native
language immersion schools from kindergarten through high
school, as well as college and master's degree programs in
native language immersion instruction, and traditional
justice programs, and by continuing their efforts to enhance
Native Hawaiian self-determination and local control.
(17) Native Hawaiians are actively engaged in Native
Hawaiian cultural practices, traditional agricultural
methods, fishing and subsistence practices, maintenance of
cultural use areas and sacred sites, protection of burial
sites, and the exercise of their traditional rights to gather
medicinal plants and herbs, and food sources.
(18) The Native Hawaiian people wish to preserve, develop,
and transmit to future Native Hawaiian generations their
ancestral lands and Native Hawaiian political and cultural
identity in accordance with their traditions, beliefs,
customs and practices, language, and social and political
institutions, and to achieve greater self-determination over
their own affairs.
(19) This Act provides for a process within the framework
of Federal law for the Native Hawaiian people to exercise
their inherent rights as a distinct aboriginal, indigenous,
native community to reorganize a Native Hawaiian government
for the purpose of giving expression to their rights as
native people to self-determination and self-governance.
(20) The United States has declared that--
(A) the United States has a special responsibility for the
welfare of the native peoples of the United States, including
Native Hawaiians;
(B) Congress has identified Native Hawaiians as a distinct
indigenous group within the scope of its Indian affairs
power, and has enacted dozens of statutes on their behalf
pursuant to its recognized trust responsibility; and
(C) Congress has also delegated broad authority to
administer a portion of the Federal trust responsibility to
the State of Hawaii.
(21) The United States has recognized and reaffirmed the
special trust relationship with the Native Hawaiian people
through--
(A) the enactment of the Act entitled ``An Act to provide
for the admission of the State of Hawaii into the Union'',
approved March 18, 1959 (Public Law 86-3; 73 Stat. 4) by--
(i) ceding to the State of Hawaii title to the public lands
formerly held by the United States, and mandating that those
lands be held in public trust for 5 purposes, one of which is
for the betterment of the conditions of Native Hawaiians; and
(ii) transferring the United States responsibility for the
administration of the Hawaiian Home Lands to the State of
Hawaii, but retaining the authority to enforce the trust,
including the exclusive right of the United States to consent
to any actions affecting the lands which comprise the corpus
of the trust and any amendments to the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108, chapter 42) that are
enacted by the legislature of the State of Hawaii affecting
the beneficiaries under the Act.
(22) The United States continually has recognized and
reaffirmed that--
(A) Native Hawaiians have a cultural, historic, and land-
based link to the aboriginal, native people who exercised
sovereignty over the Hawaiian Islands;
(B) Native Hawaiians have never relinquished their claims
to sovereignty or their sovereign lands;
(C) the United States extends services to Native Hawaiians
because of their unique status as the aboriginal, native
people of a once sovereign nation with whom the United
[[Page H8147]]
States has a political and legal relationship; and
(D) the special trust relationship of American Indians,
Alaska Natives, and Native Hawaiians to the United States
arises out of their status as aboriginal, indigenous, native
people of the United States.
SEC. 2. DEFINITIONS.
In this Act:
(1) Aboriginal, indigenous, native people.--The term
``aboriginal, indigenous, native people'' means those people
whom Congress has recognized as the original inhabitants of
the lands and who exercised sovereignty prior to European
contact in the areas that later became part of the United
States.
(2) Adult members.--The term ``adult members'' means those
Native Hawaiians who have attained the age of 18 at the time
the Secretary publishes the final roll, as provided in
section 7(a)(3) of this Act.
(3) Apology resolution.--The term ``Apology Resolution''
means Public Law 103-150 (107 Stat. 1510), a joint resolution
offering an apology to Native Hawaiians on behalf of the
United States for the participation of agents of the United
States in the January 17, 1893 overthrow of the Kingdom of
Hawaii.
(4) Ceded lands.--The term ``ceded lands'' means those
lands which were ceded to the United States by the Republic
of Hawaii under the Joint Resolution to provide for annexing
the Hawaiian Islands to the United States of July 7, 1898 (30
Stat. 750), and which were later transferred to the State of
Hawaii in the Act entitled ``An Act to provide for the
admission of the State of Hawaii into the Union'' approved
March 18, 1959 (Public Law 86-3; 73 Stat. 4).
(5) Commission.--The term ``Commission'' means the
commission established in section 7 of this Act to certify
that the adult members of the Native Hawaiian community
contained on the roll developed under that section meet the
definition of Native Hawaiian, as defined in paragraph
(7)(A).
(6) Indigenous, native people.--The term ``indigenous,
native people'' means the lineal descendants of the
aboriginal, indigenous, native people of the United States.
(7) Native hawaiian.--
(A) Prior to the recognition by the United States of a
Native Hawaiian government under the authority of section
7(d)(2) of this Act, the term ``Native Hawaiian'' means the
indigenous, native people of Hawaii who are the lineal
descendants of the aboriginal, indigenous, native people who
resided in the islands that now comprise the State of Hawaii
on or before January 1, 1893, and who occupied and exercised
sovereignty in the Hawaiian archipelago, including the area
that now constitutes the State of Hawaii, and includes all
Native Hawaiians who were eligible in 1921 for the programs
authorized by the Hawaiian Homes Commission Act (42 Stat.
108, chapter 42) and their lineal descendants.
(B) Following the recognition by the United States of the
Native Hawaiian government under section 7(d)(2) of this Act,
the term ``Native Hawaiian'' shall have the meaning given to
such term in the organic governing documents of the Native
Hawaiian government.
(8) Native hawaiian government.--The term ``Native Hawaiian
government'' means the citizens of the government of the
Native Hawaiian people that is recognized by the United
States under the authority of section 7(d)(2) of this Act.
(9) Native hawaiian interim governing council.--The term
``Native Hawaiian Interim Governing Council'' means the
interim governing council that is organized under section
7(c) of this Act.
(10) Roll.--The term ``roll'' means the roll that is
developed under the authority of section 7(a) of this Act.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) Task force.--The term ``Task Force'' means the Native
Hawaiian Interagency Task Force established under the
authority of section 6 of this Act.
SEC. 3. UNITED STATES POLICY AND PURPOSE.
(a) Policy.--The United States reaffirms that--
(1) Native Hawaiians are a unique and distinct aboriginal,
indigenous, native people, with whom the United States has a
political and legal relationship;
(2) the United States has a special trust relationship to
promote the welfare of Native Hawaiians;
(3) Congress possesses the authority under the Constitution
to enact legislation to address the conditions of Native
Hawaiians and has exercised this authority through the
enactment of--
(A) the Hawaiian Homes Commission Act, 1920 (42 Stat. 108,
chapter 42);
(B) the Act entitled ``An Act to provide for the admission
of the State of Hawaii into the Union'', approved March 18,
1959 (Public Law 86-3; 73 Stat. 4); and
(C) more than 150 other Federal laws addressing the
conditions of Native Hawaiians;
(4) Native Hawaiians have--
(A) an inherent right to autonomy in their internal
affairs;
(B) an inherent right of self-determination and self-
governance;
(C) the right to reorganize a Native Hawaiian government;
and
(D) the right to become economically self-sufficient; and
(5) the United States shall continue to engage in a process
of reconciliation and political relations with the Native
Hawaiian people.
(b) Purpose.--It is the intent of Congress that the purpose
of this Act is to provide a process for the reorganization of
a Native Hawaiian government and for the recognition by the
United States of the Native Hawaiian government for purposes
of continuing a government-to-government relationship.
SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE FOR NATIVE
HAWAIIAN AFFAIRS.
(a) In General.--There is established within the Office of
the Secretary the United States Office for Native Hawaiian
Affairs.
(b) Duties of the Office.--The United States Office for
Native Hawaiian Affairs shall--
(1) effectuate and coordinate the special trust
relationship between the Native Hawaiian people and the
United States through the Secretary, and with all other
Federal agencies;
(2) upon the recognition of the Native Hawaiian government
by the United States as provided for in section 7(d)(2) of
this Act, effectuate and coordinate the special trust
relationship between the Native Hawaiian government and the
United States through the Secretary, and with all other
Federal agencies;
(3) fully integrate the principle and practice of
meaningful, regular, and appropriate consultation with the
Native Hawaiian people by providing timely notice to, and
consulting with the Native Hawaiian people prior to taking
any actions that may affect traditional or current Native
Hawaiian practices and matters that may have the potential to
significantly or uniquely affect Native Hawaiian resources,
rights, or lands, and upon the recognition of the Native
Hawaiian government as provided for in section 7(d)(2) of
this Act, fully integrate the principle and practice of
meaningful, regular, and appropriate consultation with the
Native Hawaiian government by providing timely notice to, and
consulting with the Native Hawaiian people and the Native
Hawaiian government prior to taking any actions that may have
the potential to significantly affect Native Hawaiian
resources, rights, or lands;
(4) consult with the Native Hawaiian Interagency Task
Force, other Federal agencies, and with relevant agencies of
the State of Hawaii on policies, practices, and proposed
actions affecting Native Hawaiian resources, rights, or
lands;
(5) be responsible for the preparation and submittal to the
Committee on Indian Affairs of the Senate, the Committee on
Energy and Natural Resources of the Senate, and the Committee
on Resources of the House of Representatives of an annual
report detailing the activities of the Interagency Task Force
established under section 6 of this Act that are undertaken
with respect to the continuing process of reconciliation and
to effect meaningful consultation with the Native Hawaiian
people and the Native Hawaiian government and providing
recommendations for any necessary changes to existing Federal
statutes or regulations promulgated under the authority of
Federal law;
(6) be responsible for continuing the process of
reconciliation with the Native Hawaiian people, and upon the
recognition of the Native Hawaiian government by the United
States as provided for in section 7(d)(2) of this Act, be
responsible for continuing the process of reconciliation with
the Native Hawaiian government; and
(7) assist the Native Hawaiian people in facilitating a
process for self-determination, including but not limited to
the provision of technical assistance in the development of
the roll under section 7(a) of this Act, the organization of
the Native Hawaiian Interim Governing Council as provided for
in section 7(c) of this Act, and the recognition of the
Native Hawaiian government as provided for in section 7(d) of
this Act.
(c) Authority.--The United States Office for Native
Hawaiian Affairs is authorized to enter into a contract with
or make grants for the purposes of the activities authorized
or addressed in section 7 of this Act for a period of 3 years
from the date of enactment of this Act.
SEC. 5. DESIGNATION OF DEPARTMENT OF JUSTICE REPRESENTATIVE.
The Attorney General shall designate an appropriate
official within the Department of Justice to assist the
United States Office for Native Hawaiian Affairs in the
implementation and protection of the rights of Native
Hawaiians and their political, legal, and trust relationship
with the United States, and upon the recognition of the
Native Hawaiian government as provided for in section 7(d)(2)
of this Act, in the implementation and protection of the
rights of the Native Hawaiian government and its political,
legal, and trust relationship with the United States.
SEC. 6. NATIVE HAWAIIAN INTERAGENCY TASK FORCE.
(a) Establishment.--There is established an interagency
task force to be known as the ``Native Hawaiian Interagency
Task Force''.
(b) Composition.--The Task Force shall be composed of
officials, to be designated by the President, from--
(1) each Federal agency that establishes or implements
policies that affect Native Hawaiians or whose actions may
significantly or uniquely impact on Native Hawaiian
resources, rights, or lands;
[[Page H8148]]
(2) the United States Office for Native Hawaiian Affairs
established under section 4 of this Act; and
(3) the Executive Office of the President.
(c) Lead Agencies.--The Department of the Interior and the
Department of Justice shall serve as the lead agencies of the
Task Force, and meetings of the Task Force shall be convened
at the request of either of the lead agencies.
(d) Co-Chairs.--The Task Force representative of the United
States Office for Native Hawaiian Affairs established under
the authority of section 4 of this Act and the Attorney
General's designee under the authority of section 5 of this
Act shall serve as co-chairs of the Task Force.
(e) Duties.--The responsibilities of the Task Force shall
be--
(1) the coordination of Federal policies that affect Native
Hawaiians or actions by any agency or agencies of the Federal
Government which may significantly or uniquely impact on
Native Hawaiian resources, rights, or lands;
(2) to assure that each Federal agency develops a policy on
consultation with the Native Hawaiian people, and upon
recognition of the Native Hawaiian government by the United
States as provided in section 7(d)(2) of this Act,
consultation with the Native Hawaiian government; and
(3) to assure the participation of each Federal agency in
the development of the report to Congress authorized in
section 4(b)(5) of this Act.
SEC. 7. PROCESS FOR THE DEVELOPMENT OF A ROLL FOR THE
ORGANIZATION OF A NATIVE HAWAIIAN INTERIM
GOVERNING COUNCIL, FOR THE ORGANIZATION OF A
NATIVE HAWAIIAN INTERIM GOVERNING COUNCIL AND A
NATIVE HAWAIIAN GOVERNMENT, AND FOR THE
RECOGNITION OF THE NATIVE HAWAIIAN GOVERNMENT.
(a) Roll.--
(1) Preparation of roll.--The United States Office for
Native Hawaiian Affairs shall assist the adult members of the
Native Hawaiian community who wish to participate in the
reorganization of a Native Hawaiian government in preparing a
roll for the purpose of the organization of a Native Hawaiian
Interim Governing Council. The roll shall include the names
of the--
(A) adult members of the Native Hawaiian community who wish
to become citizens of a Native Hawaiian government and who
are--
(i) the lineal descendants of the aboriginal, indigenous,
native people who resided in the islands that now comprise
the State of Hawaii on or before January 1, 1893, and who
occupied and exercised sovereignty in the Hawaiian
archipelago; or
(ii) Native Hawaiians who were eligible in 1921 for the
programs authorized by the Hawaiian Homes Commission Act (42
Stat. 108, chapter 42) or their lineal descendants; and
(B) the children of the adult members listed on the roll
prepared under this subsection.
(2) Certification and submission.--
(A) Commission.--
(i) In general.--There is authorized to be established a
Commission to be composed of 9 members for the purpose of
certifying that the adult members of the Native Hawaiian
community on the roll meet the definition of Native Hawaiian,
as defined in section 2(7)(A) of this Act.
(ii) Membership.--
(I) Appointment.--The Secretary shall appoint the members
of the Commission in accordance with subclause (II). Any
vacancy on the Commission shall not affect its powers and
shall be filled in the same manner as the original
appointment.
(II) Requirements.--The members of the Commission shall be
Native Hawaiian, as defined in section 2(7)(A) of this Act,
and shall have expertise in the certification of Native
Hawaiian ancestry.
(III) Congressional submission of suggested candidates.--In
appointing members of the Commission, the Secretary may
choose such members from among--
(aa) five suggested candidates submitted by the Majority
Leader of the Senate and the Minority Leader of the Senate
from a list of candidates provided to such leaders by the
Chairman and Vice Chairman of the Committee on Indian Affairs
of the Senate; and
(bb) four suggested candidates submitted by the Speaker of
the House of Representatives and the Minority Leader of the
House of Representatives from a list provided to the Speaker
and the Minority Leader by the Chairman and Ranking member of
the Committee on Resources of the House of Representatives.
(iii) Expenses.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(B) Certification.--The Commission shall certify that the
individuals listed on the roll developed under the authority
of this subsection are Native Hawaiians, as defined in
section 2(7)(A) of this Act.
(3) Secretary.--
(A) Certification.--The Secretary shall review the
Commission's certification of the membership roll and
determine whether it is consistent with applicable Federal
law, including the special trust relationship between the
United States and the indigenous, native people of the United
States.
(B) Publication.--Upon making the determination authorized
in subparagraph (A), the Secretary shall publish a final
roll.
(C) Appeal.--
(i) Establishment of mechanism.--The Secretary is
authorized to establish a mechanism for an appeal of the
Commission's determination as it concerns--
(I) the exclusion of the name of a person who meets the
definition of Native Hawaiian, as defined in section 2(7)(A)
of this Act, from the roll; or
(II) a challenge to the inclusion of the name of a person
on the roll on the grounds that the person does not meet the
definition of Native Hawaiian, as so defined.
(ii) Publication; update.--The Secretary shall publish the
final roll while appeals are pending, and shall update the
final roll and the publication of the final roll upon the
final disposition of any appeal.
(D) Failure to act.--If the Secretary fails to make the
certification authorized in subparagraph (A) within 90 days
of the date that the Commission submits the membership roll
to the Secretary, the certification shall be deemed to have
been made, and the Commission shall publish the final roll.
(4) Effect of publication.--The publication of the final
roll shall serve as the basis for the eligibility of adult
members listed on the roll to participate in all referenda
and elections associated with the organization of a Native
Hawaiian Interim Governing Council and the Native Hawaiian
government.
(b) Recognition of Rights.--The right of the Native
Hawaiian people to organize for their common welfare and to
adopt appropriate organic governing documents is hereby
recognized by the United States.
(c) Organization of the Native Hawaiian Interim Governing
Council.--
(1) Organization.--The adult members listed on the roll
developed under the authority of subsection (a) are
authorized to--
(A) develop criteria for candidates to be elected to serve
on the Native Hawaiian Interim Governing Council;
(B) determine the structure of the Native Hawaiian Interim
Governing Council; and
(C) elect members to the Native Hawaiian Interim Governing
Council.
(2) Election.--Upon the request of the adult members listed
on the roll developed under the authority of subsection (a),
the United States Office for Native Hawaiian Affairs may
assist the Native Hawaiian community in holding an election
by secret ballot (absentee and mail balloting permitted), to
elect the membership of the Native Hawaiian Interim Governing
Council.
(3) Powers.--
(A) In general.--The Native Hawaiian Interim Governing
Council is authorized to represent those on the roll in the
implementation of this Act and shall have no powers other
than those given to it in accordance with this Act.
(B) Funding.--The Native Hawaiian Interim Governing Council
is authorized to enter into a contract or grant with any
Federal agency, including but not limited to, the United
States Office for Native Hawaiian Affairs within the
Department of the Interior and the Administration for Native
Americans within the Department of Health and Human Services,
to carry out the activities set forth in subparagraph (C).
(C) Activities.--
(i) In general.--The Native Hawaiian Interim Governing
Council is authorized to conduct a referendum of the adult
members listed on the roll developed under the authority of
subsection (a) for the purpose of determining (but not
limited to) the following:
(I) The proposed elements of the organic governing
documents of a Native Hawaiian government.
(II) The proposed powers and authorities to be exercised by
a Native Hawaiian government, as well as the proposed
privileges and immunities of a Native Hawaiian government.
(III) The proposed civil rights and protection of such
rights of the citizens of a Native Hawaiian government and
all persons subject to the authority of a Native Hawaiian
government.
(ii) Development of organic governing documents.--Based
upon the referendum, the Native Hawaiian Interim Governing
Council is authorized to develop proposed organic governing
documents for a Native Hawaiian government.
(iii) Distribution.--The Native Hawaiian Interim Governing
Council is authorized to distribute to all adult members of
those listed on the roll, a copy of the proposed organic
governing documents, as drafted by the Native Hawaiian
Interim Governing Council, along with a brief impartial
description of the proposed organic governing documents.
(iv) Consultation.--The Native Hawaiian Interim Governing
Council is authorized to freely consult with those members
listed on the roll concerning the text and description of the
proposed organic governing documents.
(D) Elections.--
(i) In general.--The Native Hawaiian Interim Governing
Council is authorized to hold elections for the purpose of
ratifying the proposed organic governing documents, and upon
ratification of the organic governing documents, to hold
elections for the officers of the Native Hawaiian government.
(ii) Assistance.--Upon the request of the Native Hawaiian
Interim Governing Council, the United States Office of Native
Hawaiian Affairs may assist the Council in conducting such
elections.
[[Page H8149]]
(4) Termination.--The Native Hawaiian Interim Governing
Council shall have no power or authority under this Act after
the time at which the duly elected officers of the Native
Hawaiian government take office.
(d) Recognition of the Native Hawaiian Government.--
(1) Process for recognition.--
(A) Submittal of organic governing documents.--The duly
elected officers of the Native Hawaiian government shall
submit the organic governing documents of the Native Hawaiian
government to the Secretary.
(B) Certifications.--Within 90 days of the date that the
duly elected officers of the Native Hawaiian government
submit the organic governing documents to the Secretary, the
Secretary shall certify that the organic governing
documents--
(i) were adopted by a majority vote of the adult members
listed on the roll prepared under the authority of subsection
(a);
(ii) are consistent with applicable Federal law and the
special trust relationship between the United States and the
indigenous native people of the United States;
(iii) provide for the exercise of those governmental
authorities that are recognized by the United States as the
powers and authorities that are exercised by other
governments representing the indigenous, native people of the
United States;
(iv) provide for the protection of the civil rights of the
citizens of the Native Hawaiian government and all persons
subject to the authority of the Native Hawaiian government,
and to assure that the Native Hawaiian government exercises
its authority consistent with the requirements of section 202
of the Act of April 11, 1968 (25 U.S.C. 1302);
(v) prevent the sale, disposition, lease, or encumbrance of
lands, interests in lands, or other assets of the Native
Hawaiian government without the consent of the Native
Hawaiian government;
(vi) establish the criteria for citizenship in the Native
Hawaiian government; and
(vii) provide authority for the Native Hawaiian government
to negotiate with Federal, State, and local governments, and
other entities.
(C) Failure to act.--If the Secretary fails to act within
90 days of the date that the duly elected officers of the
Native Hawaiian government submitted the organic governing
documents of the Native Hawaiian government to the Secretary,
the certifications authorized in subparagraph (B) shall be
deemed to have been made.
(D) Resubmission in case of noncompliance with federal
law.--
(i) Resubmission by the secretary.--If the Secretary
determines that the organic governing documents, or any part
thereof, are not consistent with applicable Federal law, the
Secretary shall resubmit the organic governing documents to
the duly elected officers of the Native Hawaiian government
along with a justification for each of the Secretary's
findings as to why the provisions are not consistent with
such law.
(ii) Amendment and resubmission by the native hawaiian
government.--If the organic governing documents are
resubmitted to the duly elected officers of the Native
Hawaiian government by the Secretary under clause (i), the
duly elected officers of the Native Hawaiian government
shall--
(I) amend the organic governing documents to ensure that
the documents comply with applicable Federal law; and
(II) resubmit the amended organic governing documents to
the Secretary for certification in accordance with
subparagraphs (B) and (C).
(2) Federal recognition.--
(A) Recognition.--Notwithstanding any other provision of
law, upon the election of the officers of the Native Hawaiian
government and the certifications (or deemed certifications)
by the Secretary authorized in paragraph (1), Federal
recognition is hereby extended to the Native Hawaiian
government as the representative governing body of the Native
Hawaiian people.
(B) No diminishment of rights or privileges.--Nothing
contained in this Act shall diminish, alter, or amend any
existing rights or privileges enjoyed by the Native Hawaiian
people which are not inconsistent with the provisions of this
Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out the activities authorized in this Act.
SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY;
NEGOTIATIONS.
(a) Reaffirmation.--The delegation by the United States of
authority to the State of Hawaii to address the conditions of
Native Hawaiians contained in the Act entitled ``An Act to
provide for the admission of the State of Hawaii into the
Union'' approved March 18, 1959 (Public Law 86-3; 73 Stat. 5)
is hereby reaffirmed.
(b) Negotiations.--Upon the Federal recognition of the
Native Hawaiian government pursuant to section 7(d)(2) of
this Act, the United States is authorized to negotiate and
enter into an agreement with the State of Hawaii and the
Native Hawaiian government regarding the transfer of lands,
resources, and assets dedicated to Native Hawaiian use under
existing law as in effect on the date of enactment of this
Act to the Native Hawaiian government.
SEC. 10. DISCLAIMER.
Nothing in this Act is intended to serve as a settlement of
any claims against the United States, or to affect the rights
of the Native Hawaiian people under international law.
SEC. 11. REGULATIONS.
The Secretary is authorized to make such rules and
regulations and such delegations of authority as the
Secretary deems necessary to carry out the provisions of this
Act.
SEC. 12. SEVERABILITY.
In the event that any section or provision of this Act, or
any amendment made by this Act is held invalid, it is the
intent of Congress that the remaining sections or provisions
of this Act, and the amendments made by this Act, shall
continue in full force and effect.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentleman from Hawaii (Mr. Abercrombie) each
will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 4904, the gentleman from
Hawaii's bill regarding the United States' relationship with Native
Hawaiians. The bill has been the subject of 5 days of hearings in
Hawaii, jointly held by the House Committee on Resources and the Senate
Committee on Indian Affairs this summer. In addition to Native
Hawaiians testifying, the president of the National Congress of
American Indians, the president of the Alaska Federation of Natives and
the president of the Central Council of Tlingit and Haida presented
testimony in support of this legislation. The Committee on Resources
ordered H.R. 4904 favorably reported on September 20, 2000.
The bill acknowledges a Federal trust responsibility for Native
Hawaiians and protects existing Native Hawaiian programs which are
legitimate and necessary due to unique historic circumstances. The bill
recognizes Native Hawaiians' right of self-governance as a native
people and lays out a process for Native Hawaiians to establish a
structure for self-governance.
Some have asked how funding for Native Hawaiian programs under this
bill would affect funds for Native American programs. Native Hawaiian
programs have always been separately funded, and enactment of H.R. 4904
would have no impact on program funding for American Indians or Alaskan
natives.
Lastly, some have questioned whether the reorganization of a Native
Hawaiian government might have implications for gaming conducted under
the Indian Gaming Regulatory Act. There are no Indian tribes in the
State of Hawaii, nor are there any Indian reservations or Indian lands.
Hawaii is one of only two States in the Union, the other one is Utah,
that criminally prohibits all forms of gaming. Accordingly, a
reorganized Native Hawaiian government could not conduct any form of
gaming in the State of Hawaii.
With these concerns answered, I urge an aye vote on this important
bill for Hawaii.
Mr. Speaker, I reserve the balance of my time.
Mr. ABERCROMBIE. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. ABERCROMBIE asked and was given permission to revise and extend
his remarks.)
Mr. ABERCROMBIE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, before I yield time to my colleague from Hawaii, may I
thank the gentleman from Utah (Mr. Hansen), in particular, and the rest
of the members of the committee, both Republican and Democrat, for
their support of the bill; and may I express yet once again publicly to
my chairman, the gentleman from Alaska (Mr. Young), my profound
gratitude for his understanding, his concern and his perseverance,
dedication and focus on this bill.
Mr. Speaker, I am here today to urge the House of Representatives'
approval of H.R. 4904, a bill to provide a process for the
reorganization of a Native Hawaiian government and the recognition by
the United States of the Native Hawaiian government.
On January 17, 1893, the government of the Kingdom of Hawaii was
overthrown with the assistance of the United States Minister and U.S.
Marines. One hundred years later, a resolution extending an apology on
behalf of the United States to Native Hawaiians for the illegal
overthrow of the Native Hawaiian government and calling for a
reconciliation of the relationship between the United States and Native
Hawaiians was enacted to law.
The Apology Resolution acknowledges that the overthrow of the Kingdom
of Hawaii occurred with the active participation of agents
[[Page H8150]]
and citizens of the United States. Further, it acknowledges that the
Native Hawaiian people never directly relinquished their claims to
their inherent sovereignty as a people over the their national lands to
the United States, either through their government or through a
plebiscite or referendum.
Since the loss of their government, Native Hawaiians have sought to
maintain political authority within their community. In 1978, Hawaii
citizens of all races recognized the long-standing efforts of the
indigenous people to give expression to their rights to self-
determination and self-governance by amending the state constitution to
provide for the establishment of a quasi-sovereign state agency, the
Office of Hawaiian Affairs. The state constitution provides that the
Office is to be governed by nine Native Hawaiian trustees who are
elected by Native Hawaiians. The Office of Hawaiian Affairs administers
programs and services with revenues derived from lands which were ceded
back to the State of Hawaii upon its admission into the United States.
The dedication of these revenues reflects the provisions of the 1959
Hawaii Admissions Act, which provides that the ceded lands and the
revenues derived therefrom should be held by the State of Hawaii as a
public trust for five purposes--one of which is the betterment of the
conditions of Native Hawaiians. The Admissions Act also provides that
the state would assume a trust responsibility for approximately 203,500
acres of land that had previously been set aside for Native Hawaiians
under a 1921 federal law, the Hawaiian Homes Commission Act.
Four weeks ago, the House Resources Committee and the Senate Indian
Affairs Committee held five days of joint hearings in Hawaii on H.R.
4904 and its companion in the Senate, S. 2899. More than 150 people
presented oral testimony to the committees and several hundred others
presented written testimony. The testimony received by the committees
was overwhelmingly in support of the bills. In addition to witnesses
from the Native Hawaiian community, representatives of the Departments
of Justice and Interior, the President of the National Congress of
American Indians, the President of the Alaska Federation of Natives,
and the President of the Central Council of Tlingit and Haida Indians
presented oral testimony in support of the bills.
With the passage of H.R. 4904, the Congress will provide a process
for the reorganization of a Native Hawaiian government, and the
recognition by the United States of that government for purposes of
carrying on a government-to-government relationship. This bill provides
that the indigenous, native people of Hawaii--Native Hawaiians--might
have the same opportunities that are afforded under federal law and
policy to the other indigenous, native people of the United States--
American Indians and Alaska Natives--to give expression to their rights
to self-determination and self-governance.
It is also important to note that the United States Congress has
enacted over 160 laws designed to address the conditions of Native
Hawaiians. These federal laws provide for the provision of health care,
education, job training, the preservation of native languages, the
protection of Native American graves and the repatriation of Native
American human remains. Thus, the reorganization of a Native Hawaiian
government would not necessitate a host of new federal programs to
serve Native Hawaiians. Nor would the reorganization of a Native
Hawaiian government have any impact on programs or the funding for
programs that are authorized to address the conditions of American
Indians and Alaska Natives. For the last 90 years, Native Hawaiian
programs have always been funded under separate authorizations with
separate appropriations.
Some have asked whether the reorganization of a Native Hawaiian
government might also authorize that government to conduct gaming. The
answer to that question is a simple ``no.'' The Indian Gaming
Regulatory Act authorizes Indian tribal governments to conduct gaming
on Indian reservations or Indian lands held in trust by the United
States, and the scope of gaming under the act is a function of state
law. But there are no Indian tribal governments in Hawaii, nor are
there Indian reservations or Indian lands. And the State of Hawaii is
one of two states in the union that criminally prohibit all forms of
gaming.
In developing and refining this measure, we have worked not only with
the a community, but with representatives of the federal and state
governments, with leaders of the Alaska Native and Native American
communities, and with the congressional caucuses. The bill that is
before the House today has been revised as a result of the testimony
received at the hearings in Hawaii and in Washington, D.C.
Our objectives are simple and straightforward. As a matter of federal
policy and federal law, we want to assure that the United States
government deals with all of the indigenous, native people of the
United States in a consistent manner--recognizing and supporting their
rights to self-determination and self-governance. This is the right
thing to do and I am honored to play a part in the passage of this
measure. I ask my colleagues for their support.
Mr. Speaker, I yield such time as she may consume to the gentlewoman
from Hawaii (Mrs. Mink).
(Mrs. MINK of Hawaii asked and was given permission to revise and
extend her remarks.)
Mrs. MINK of Hawaii. I thank the gentleman for yielding me this time.
Mr. Speaker, I rise in support of H.R. 4904. This bill is viewed as
necessary following the Rice vs. Cayetano decision, which struck down
the State's effort to provide for self-determination by the Native
Hawaiian people. The U.S. Supreme Court decision has immobilized our
State in the performance of its mandated trust responsibility to the
Native Hawaiian people as elaborated in the public law that created the
State of Hawaii.
Without the power to conduct Native Hawaiian-only elections to manage
programs for the benefit of the Native Hawaiians, the Office of
Hawaiian Affairs is now left without the basic protections of self-
governance.
I want to compliment the gentleman from Hawaii (Mr. Abercrombie) for
his leadership in crafting and getting this bill through the House
Committee on Resources in record time. After 5 days of extensive
hearings in Hawaii, the bill was perfected and comes to the floor with
a series of perfecting amendments.
So why do we have to enact H.R. 4904? Because we need to replace the
Office of Hawaiian Affairs with a self-governing entity that can
sustain an election process that is restricted to only the Native
Hawaiian people.
H.R. 4904, as amended in committee, is stripped down to create a
concept and leaves the procedural detail to the Native Hawaiians
themselves. I agree with these changes wholeheartedly. The goal of
self-determination should be left to the execution and implementation
of the Native Hawaiians.
H.R. 4904 is an appropriate way to cure this difficulty caused by
Rice vs. Cayetano. The State of Hawaii had taken the first step to
create a self-governing body. H.R. 4904 now sets the Federal mechanism
to correct the decision of Rice vs. Cayetano. H.R. 4904 must pass.
Mr. Speaker, I rise today to support H.R. 4904, a bill to express the
policy of the United States regarding the United States' relationship
with Native Hawaiians. This bill is viewed as a necessary follow-up to
the Rice vs. Cayetano decision that struck down the State's effort to
provide for self-determination by the Native Hawaiian population. The
U.S. Supreme Court ruled that the State could not conduct an election
of only Native Hawaiians. Hawaii had so provided in a State
Constitutional amendment in 1978 by creating an Office of Hawaiian
Affairs with trustees elected by Native Hawaiians.
This U.S. Supreme Court decision has immobilized our State in the
performance of its mandated trust responsibility to the Native Hawaiian
people as elaborated in the Public Law that created the State of
Hawaii.
Without the power to conduct Native Hawaiian-only elections to manage
programs for the benefit of the Native Hawaiians, the Office of
Hawaiian Affairs is now left without the basic protections of self-
governance.
In its decision, the U.S. Supreme Court left open a path that has led
to the development of this bill, which we have on the floor today.
I want to compliment my colleague, Neil Abercrombie, for his
leadership in crafting and getting this bill through the House
Resources Committee in record time. After five days of hearings in
Hawaii, the bill was perfected and comes to the floor with a series of
amendments.
H.R. 4904 replaces what the Supreme Court struck down. It sets up a
process for the establishment of a sovereign entity, which like an
Indian tribe, may establish relations directly with the federal
government and where the governing council is to be elected by
descendants of aboriginal Native Hawaiians.
The historic justification for this is, of course, the illegal
overthrow of the Hawaiian monarchy in 1893 and the annexation of Hawaii
in 1898 against the will of the native population.
Over the years, Congress has voted to provide many special programs
for Native Hawaiians based on need and because of our special trust
responsibility. It is argued that these federally enacted programs in
education, housing, veterans programs, health care, etc., are in
jeopardy because of Rice vs. Cayetano. I disagree because these federal
programs are grounded on the special needs of the Native Hawaiians in
each of these areas. A legal challenge as in Rice vs. Cayetano, I
believe would fail.
[[Page H8151]]
So why enact H.R. 4904? Because we need to replace the Office of
Hawaiian Affairs with a self-governing entity that can sustain an
election process that is restricted to only the Native Hawaiian
population.
H.R. 4904 as amended in Committee is stripped down to create a
concept and leaves the procedural detail to the Native Hawaiians
themselves. I advocated and agree with this change wholeheartedly. The
goal is self-determination, and we should leave its execution and
implementation to the Native Hawaiians themselves.
I have only one remaining concern and that is the absence of an
explicit executing referendum to indicate that what we have provided is
agreed to by the Native Hawaiian people. In making this observation, I
am assured that the voluntariness of signing up on the rolls
constitutes the referendum of approval. I am also answered that the
organic act or constitution to be drafted must be ratified by those who
have signed up on the rolls.
I am also told that in the process of implementing this new governing
body, it may by itself call for a referendum; that this bill does not
preclude this, satisfies me.
H.R. 4904 is an appropriate way to cure the heartache caused by Rice
vs. Cayetano.
The State of Hawaii had taken the first step to create a self-
governing body, the Office of Hawaiian Affairs, whose trustees were
elected by Native Hawaiians. This electoral process was struck down by
the U.S. Supreme Court.
H.R. 4904 establishes a federal mechanism that overcomes the Rice vs.
Cayetano decision. H.R. 4904 must pass!
Mr. KILDEE. Mr. Speaker, I support H.R. 4904, a bill that clarifies
the relationship between Native Hawaiians and the United States.
This legislation provides for Federal recognition of the Native
Hawaiian government for purposes of establishing a government-to-
government relationship similar to that of the Native Americans and the
Alaska Natives.
Congress has passed over 150 statutes addressing the needs of Native
Hawaiians.
In 1993, we passed an apology bill acknowledging the role of the
United States Government in the overthrow of the Hawaiian nation in
1893. The apology bill recognizes that the Native Hawaiians never
relinquished their inherent sovereignty.
This legislation has received wide support. It is supported by the
Hawaii delegation, the Native Hawaiians, the administration, the
National Congress of American Indians, and the Alaska Federation of
Natives.
I want to thank my colleague, Representative Neil Abercrombie from
Hawaii, for this tireless effort to bring justice to the Native
Hawaiians.
I urge my colleagues to support this bill.
Mr. FALEOMAVAEGA. Mr. Speaker, I rise today in strong support of H.R.
4904, a bill to express the policy of the United States regarding the
United States relationship with Native Hawaiians.
There are well over 200,000 Native Hawaiians living in Hawaii. I
suspect there are approximately another 100,000 living throughout the
continental United States. In number, Native Hawaiians are the largest
indigenous group of people living in the United States today.
As one of Polynesian ancestry, I thank God that the Kanaka Maoli, or
the Hawaiian people, have not become an extinct race. Given the
unfortunate turn of historical events that have now made Native
Hawaiians strangers in their own lands, it is only by the grace of God
that Native Hawaiians now number over 300,000.
Mr. Chairman, the Kanaka Maoli are my kin. For purposes of giving you
a sense of who we are, I would like to share with you something Captain
James Cook once noted about the Kanaka Maoli, or Polynesian, nation.
Captain Cook observed that the Kanaka Maoli nation established
settlements from as far north as Hawaii and as far south as Actearoa
(or what is now known today as New Zealand). In between, the Kanaka
Maoli settled in Samoa, in Tokelau, in Tuvalu, parts of Fiji and Tonga.
The Kanaka Maoli nation also stretched as far east as Rapanui (now
known as Easter Island) and constituted what Cook considered the
largest nation on the earth.
Since Cook's time, we have had our fair share of romantic writers
coming to the South Seas depicting our women coming out of the Garden
of Eden on moonlit, tropical shores with the scent of romance forever
in the air. We've also had our share of anthropologists who think they
know more about us than they know about themselves. We do not need
anymore Margaret Meads or Derek Freemans to describe to the world who
we are as a people. We know how we first came into being. We know our
past and are committed to our present. We are here today to define our
future.
Mr. Speaker, as we proceed today, I would like to add this thought
for the record. When we discuss the rights of Native Hawaiians, we in
effect discuss the inalienable rights of any people. As such, what
happened historically to Native Hawaiians in effect happened to all of
us. In this context, I would like to present the following for
consideration.
More than 100 years ago, ambitious descendants of U.S. missionaries
and sugar planters, aided by the unauthorized and illegal use of U.S.
military forces, overthrew the sovereign nation of Hawaii then ruled by
Queen Lili'uokalani. More than one hundred years later, the United
States Congress issued a formal apology acknowledging that the Native
Hawaiian people never relinquished their right to their sovereignty or
their sovereign lands.
Earlier this year, Senator Daniel Akaka, the first Polynesian and
Native Hawaiian to sit as a United States Senator, introduced S. 2899
to express and define a firm policy of the United States Congress and
the U.S. government regarding its relationship with the Native Hawaiian
people. Our distinguished colleague, Congressman Neil Abercrombie, did
the same in this body. I am honored that both bills have been approved
by their respective committees of jurisdiction and that H.R. 4904 is
being considered by the House today.
The purpose of this measure is to clarify the political relationship
that exists between Native Hawaiians and the federal government.
Specifically, the measure provides the Native Hawaiian community with
an opportunity to form a government-to-government relationship with the
United States within the context of the U.S. Constitution and federal
law. The bill provides a process for Native Hawaiians to organize a
Native Hawaiian governing body, or essentially a Native Hawaiian
government. The bill also authorizes the Native Hawaiian governing body
to negotiate with the state of Hawaii and other appropriate officials
and agencies of the federal government regarding such long-standing
issues as ceded lands currently controlled by both the state and
federal governments. The bill also protects education, health, and
housing programs that have been established by federal law to benefit
Native Hawaiians.
The bill does not relinquish the claims of Native Hawaiians to their
Native lands. The bill does not address the issue of lands. For the
Native Hawaiians who oppose this bill because they feel it
predetermines a political status, I say to them--the bill is a
beginning. It is a measure for organization. It is an act of
empowerment. It gives voice to those whose voices have historically
been made mute. As Senator Akaka has noted, this measure provides
Native Hawaiians with a seat at the table of government. It provides
authority for Native Hawaiians to define their future and participate
in the process of choice. It provides Native Hawaiians with the
opportunity to choose their own leaders to represent them before state
and federal agencies. It assures that the United States Congress, as
part of its constitutionally mandated authority, duly recognizes,
accepts and acknowledges Native Hawaiians as a sovereign people in the
same way that Native Americans and Native Alaskans are recognized under
the U.S. Constitution.
More than 150 people presented oral testimony at the Joint
Congressional Hearings in Hawaii. Many more have presented written
testimony. Though some are opposed, those representing major Hawaiian
organizations and associations lend their full support for the bill.
The bill has been revised to reflect the input of the Native Hawaiian
community.
I fully support the bill and urge my colleagues to give it their full
support also.
Mr. GEORGE MILLER of California. Mr. Speaker, H.R. 4904 is a natural
evolution of the relationship the United States has with Native
Hawaiians. The need for this legislation began with the illegal
overthrow of the Kingdom of Hawaii in 1893 which disrupted a peaceful
citizenry and developing island monarchy. It was highlighted by the
passage of the Hawaiian Homes Commission Act in 1921 which put lands
into public trust for the benefit of Native Hawaiians. The next step
was taken when Congress, a hundred years after the overthrow of the
Kingdom, adopted a Joint Resolution making a formal apology on behalf
of the U.S. to Native Hawaiians. Today we unfold yet another chapter in
our relationship with Native Hawaiians as we consider this legislation
which provides a process for the reorganization of a Native Hawaiian
government and recognition of the Native Hawaiian government by the
United States for purposes of carrying on a government-to-government
relationship.
This legislation was thoughtfully crafted. Our colleague, Mr.
Abercrombie and the entire Hawaii delegation here in the House and the
Senate have invested a lot of effort into this legislation. In putting
this together, they solicited input from all interested parties. The
Resources Committee held five hearings on this legislation and reported
the bill out with a unanimous vote.
This is just legislation, it has been a long time coming and I urge
my colleagues to support it.
[[Page H8152]]
I want to raise two matters which are fundamental to an understanding
of why the pending legislation has been proposed. The first has to do
with the authority of the United States to delegate Federal
responsibilities to the several States. The second is important to an
understanding of why the Federal policy which recognized the rights of
the native people of America to self-determination and self-governance
was not extended to the native people of Hawaii when Hawaii joined our
Union of States in 1959.
For the past two hundred and ten years, the United States Congress,
the Executive, and the U.S. Supreme Court have recognized certain legal
rights and protections for America's indigenous peoples. Since the
founding of the United States, Congress has exercised a constitutional
authority over indigenous affairs and has undertaken an enhanced duty
of care for America's indigenous peoples. This has been done in
recognition of the sovereignty possessed by the native people--a
sovereignty which pre-existed the formation of the United States. The
Congress' constitutional authority is also premised upon the status of
the indigenous people as the original inhabitants of this nation who
occupied and exercised dominion and control over the lands to which the
United States subsequently acquired legal title.
The United States has recognized a special political relationship
with the indigenous people of the United States. As Native Americans--
American Indians, Alaska Natives, and Native Hawaiians--the United
States has recognized that they are entitled to special rights and
considerations. The Congress has enacted laws to give expression to the
respective legal rights and responsibilities of the Federal government
and the native people.
However, we must also recognize that over the last two hundred years,
Federal policy toward America's native people has vacillated
significantly. While the United States Constitution vests the Congress
with the authority to address the conditions of the indigenous, native
people of the United States, from time to time, with the consent of the
affected States, the Congress has sought to more effectively address
the conditions of the indigenous people by delegating Federal
responsibilities to various States.
Beginning in the 1950's, pursuant to House Concurrent Resolution 108,
Federal policy sought the termination of Indian reservations and a
general transfer of some Federal responsibilities to the states. In the
1960's, California was one of the states that was made the subject of
Federal law in this respect, when criminal jurisdiction and certain
elements of civil jurisdiction formerly exercised by the United States
was transferred to states with the enactment of Public Law 83-280.
So it is that the two significant actions of the United States as
they relate to the native people of Hawaii must be understood in the
context of the Federal policy towards America's other indigenous,
native people at the time of those actions.
In 1921, when the Hawaiian Homes Commission Act was enacted into law,
the prevailing Federal policy was premised upon the objective of
breaking up Indian reservations and allotting lands to individual
Indians. Those reservation lands remaining after the allotment of lands
to individual Indians were opened up to settlement by non-Indians, and
significant incentives were authorized to make the settlement of former
reservation lands attractive to non-Indian settlers. Indians were not
to be declared citizens of the United States until 1924, and it was
typical that a twenty-year restraint on the alienation of allotted
lands was imposed. This restraint prevented the lands from being
subject to taxation by the states, but the restraint on alienation
could be lifted if an individual Indian was deemed to have become
``civilized.'' However, once the restraint on alienation was lifted and
individual Indian lands became subject to taxation, Indians who did not
have the wherewithall to pay the taxes on the land, found their lands
seized and put up for sale. This allotment era of Federal policy was
responsible for the alienation of nearly half of all Indian lands
nationwide--hundreds of millions of acres of lands were no longer in
native ownership, and hundreds of thousands of Indian people were
rendered not only landless but homeless.
The primary objective of the allotment of lands to individual Indians
was to ``civilize'' the native people. The fact that the United States
thought to impose a similar scheme on the native people of Hawaii in an
effort to ``rehabilitate a dying race'' is thus readily understandable
in the context of the prevailing Federal Indian policy in 1921.
In 1959, when the State of Hawaii was admitted into the Union, the
Federal policy toward the native people of America was designed to
divest the Federal government of its responsibilities for the
indigenous people and to delegate those responsibilities to the several
states. A prime example of this Federal policy was the enactment of
Public Law 83-280, an Act which, as I have indicated, vested criminal
jurisdiction and certain aspects of civil jurisdiction over Indian
lands to certain states. In similar fashion, in 1959, the United States
transferred most of its responsibilities related to the administration
of the 1921 Hawaiian Homes Commission Act to the new State of Hawaii,
and in addition, imposed a public trust upon the lands that were ceded
back to the State for five purposes, one of which was the betterment of
conditions of Native Hawaiians. The Federal authorization for this
public trust clearly anticipated that the State's constitution and laws
would provide for the manner in which the trust would be carried out.
In 1978, the citizens of the State of Hawaii exercised this
Federally-delegated authority by amending the State constitution in
furtherance of the special relationship with Native Hawaiians. The
delegates to the 1978 constitutional convention recognized that Native
Hawaiians had no other homeland, and thus that the protection of Native
Hawaiian subsistence rights to harvest the ocean's resources, to fish
the fresh streams, to hunt and gather, to exercise their rights to
self-determination and self-governance, and the preservation of Native
Hawaiian culture and the Native Hawaiian language could only be
accomplished in the State of Hawaii.
Hawaii's adoption of amendments to the State constitution to fulfill
the special relationship with Native Hawaiians is consistent with the
practice of other States that have established special relationships
with the native inhabitants of their areas. Fourteen States have
extended recognition to Indian tribes that are not recognized by the
Federal government, and thirty-two States have established commissions
and offices to address matters of policy affecting the indigenous
citizenry.
We all know that on January 17, 1893, the government of the Kingdom
of Hawaii was overthrown with the assistance of the United States
minister and U.S. marines. One hundred years later, a resolution
extending an apology on behalf of the United States to Native Hawaiians
for the illegal overthrow of the Native Hawaiian government and calling
for a reconciliation of the relationship between the United States and
Native Hawaiians was enacted into law (Public Law 103-150).
The Apology Resolution acknowledges that the overthrow of the Kingdom
of Hawaii occurred with the active participation of agents and citizens
of the United States and further acknowledges that the Native Hawaiian
people never directly relinquished their claims to their inherent
sovereignty as a people over their national lands to the United States,
either through their government or through a plebiscite or referendum.
With the loss of their government in 1893, Native Hawaiians have
sought to maintain political authority within their community.
In 1978, the citizens of the State of Hawaii recognized the long-
standing efforts of the native people to give expression to their
rights to self-determination and self-governance by amending the State
constitution to provide for the establishment of a quasisovereign State
agency, the Office of Hawaiian Affairs. The State constitution, as
amended, provides that the Office is to be governed by nine trustees
who are Native Hawaiian and who are to be elected by Native Hawaiians.
The Office administers programs and services with revenues derived from
lands which were ceded back to the State of Hawaii upon its admissions
into the Union of States.
On February 23, 2000, the United States Supreme Court issued a ruling
in the case of Rice v. Cayetano. The Supreme Court held that because
the Office of Hawaiian Affairs is an agency of the State of Hawaii that
is funded in part by appropriations made by the State legislature, the
election for the trustees of the Office of Hawaiian Affairs must be
open to all citizens of the State of Hawaii who are otherwise eligible
to vote in statewide elections.
Contrary to a mostly erroneous article published today, the Court
expressly declined to address the powers and authorities of the Federal
government as they relate to Native Hawaiians. This bill thus does not
in any way circumvent the decision of the Supreme Court in Rice.
However, with the Court's ruling, the native people of Hawaii have been
divested of the mechanism that was established under the Hawaii State
Constitution that, since 1978, has enabled them to give expression to
their rights as indigenous, native people of the United States to self-
determination and self-governance.
H.R. 4904 is designed to address these developments by providing a
means under Federal law, consistent with the Federal policy of self-
determination and self-governance for America's indigenous, native
people, for Native Hawaiians to have a status similar to that of the
other indigenous, native people of the United States, the First
Americans.
Mr. HANSEN. Mr. Speaker, I have no requests for time, and I yield
back the balance of my time.
Mr. ABERCROMBIE. Mr. Speaker, I have no further requests for time,
and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by
[[Page H8153]]
the gentleman from Utah (Mr. Hansen) that the House suspend the rules
and pass the bill, H.R. 4904, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to express
the policy of the United States regarding the United States
relationship with Native Hawaiians, to provide a process for the
reorganization of a Native Hawaiian government and the recognition by
the United States of the Native Hawaiian government, and for other
purposes.''.
A motion to reconsider was laid on the table.
____________________