[Congressional Record Volume 147, Number 7 (Monday, January 22, 2001)]
[Senate]
[Pages S338-S343]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself and Mr. Inouye):
  S. 81. 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; to the Committee on Indian Affairs.


                      NATIVE HAWAIIANS LEGISLATION

  Mr. AKAKA. Mr. President, I rise today to introduce a bill on behalf 
of myself and my friend and colleague, Senator Inouye. This measure is 
of significant importance to the people of Hawaii, particularly to the 
indigenous peoples of Hawaii, Native Hawaiians. This measure clarifies 
the political relationship between Native Hawaiians and the United 
States by extending the federal policy of self-determination and self-
governance to Native Hawaiians.
  The United States has declared a special responsibility for the 
welfare of the native peoples of the United States, including Native 
Hawaiians. Congress has recognized Native Hawaiians as the aboriginal, 
indigenous, native peoples of Hawaii and has passed over 150 statutes 
addressing the conditions of Native Hawaiians. The measure that we are 
introducing today extends the federal policy of self-determination and 
self-governance to Native Hawaiians by authorizing a process of 
reorganization of a Native Hawaiian government for the purposes of a 
federally recognized government-to-government relationship with the 
United States. This measure establishes parity in federal policies 
towards American Indians, Alaska Natives and Native Hawaiians.
  The political relationship between Native Hawaiians and the United 
States has been a topic of discussion in Hawaii for many, many years. A 
significant portion of the discussion has centered around the history 
of Hawaii's indigenous peoples and the role of the United States in 
that history. In 1993, Congress passed Public Law 103-150, the Apology 
Resolution, which extended an apology on behalf of the United States to 
Native Hawaiians for the United States' role in the overthrow of the 
Kingdom of Hawaii. The Apology Resolution also expressed 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.
  Mr. President, I am pleased to inform you that the reconciliation 
process is ongoing. The reconciliation process is an incremental 
process of dialogue between Native Hawaiians and the United States to 
address a number of longstanding issues arising out of the overthrow of 
the Kingdom of Hawaii. I look forward to working with the Bush 
Administration as we continue this important process.
  On October 23, 2000, a joint report was issued by the Departments of 
the Interior and Justice on the reconciliation process. The report was 
based on public consultations held in Hawaii in December 1999 between 
officials from the Interior and Justice Departments and Native 
Hawaiians. The report recommends that Native Hawaiians have self-
determination over their own affairs within the framework of federal 
law, as do Native American tribes. The measure we are introducing 
today, Mr. President is consistent with this recommendation.
  This measure does not create a political relationship between Native 
Hawaiians and the United States. The political relationship has existed 
since Hawaii's inception as a territory. Rather, the measure we 
introduce today clarifies the existing political relationship between 
Hawaii's indigenous peoples and the United States.

[[Page S339]]

  This measure authorizes a process for the reorganization of the 
Native Hawaiian government for the purposes of a federally recognized 
government-to-government relationship. The measure authorizes Native 
Hawaiians to resolve many issues in developing the organic governing 
documents, including the issue of membership or citizenship in the 
reorganized government. This bill also establishes an office within the 
Department of the Interior to focus on Native Hawaiian issues. The 
office would serve as a liaison between Native Hawaiians and the United 
States during the reconciliation process and would provide assistance 
during the process of reorganization of the Native Hawaiian government. 
Federal programs currently administered with other federal agencies 
would remain with those agencies.
  An identical version of the measure was introduced during the 106th 
Congress. The House of Representatives passed the measure with 
bipartisan support. The Senate Committee on Indian Affairs reported the 
measure favorably. Unfortunately, the Senate did not consider the 
measure prior to the adjournment of the last Congress.
  Mr. President, I would like to clarify some misconceptions regarding 
this important measure. First, this measure is not being introduced to 
circumvent the 1999 United States Supreme Court decision in the case of 
Rice v. Cayetano. The Rice case was a voting rights case whereby the 
Supreme Court held that the State of Hawaii must allow all citizens of 
Hawaii to vote for the Board of Trustees of a quasi-state agency, the 
Office of Hawaiian Affairs.
  The Office of Hawaiian Affairs was established by citizens of the 
State of Hawaii as part of the 1978 State of Hawaii Constitutional 
Convention. The State constitution was amended to create the Office of 
Hawaiian Affairs as a means to give expression to the right of self-
determination and self-governance for Hawaii's indigenous peoples, 
Native Hawaiians. The Office of Hawaiian Affairs administers programs 
and services for Native Hawaiians. The State constitution provided for 
9 trustees who were Native Hawaiian to be elected by Native Hawaiians. 
Following the Supreme court's ruling in Rice v. Cayetano, the elections 
were not only open to all citizens in the State of Hawaii, but non-
Hawaiians were deemed eligible to serve on the Board of Trustees. 
Whereas the Rice case dealt with voting rights and the State of Hawaii, 
the measure we introduce today addresses the federal policy of self-
determination and self-governance and does not involve the Office of 
Hawaiian Affairs.

  This measure does not establish entitlements or special treatment for 
Native Hawaiians based on race. This measure focuses on the political 
relationship afforded to Native Hawaiians based on the United States' 
recognition of Native Hawaiians as the aboriginal, indigenous peoples 
of Hawaii. As we all know, the United States' history with its 
indigenous peoples has been dismal. In recent decades, however, the 
United States has engaged in a policy of self-determination and self-
governance with its indigenous peoples. Government-to-government 
relationships provide indigenous peoples with the opportunity to work 
directly with the federal government on policies affecting their lands, 
natural resources and many other aspects of their well-being. While 
federal policies towards Native Hawaiians have paralleled that of 
Native American Indians and Alaska Natives, the federal policy of self-
determination and self-governance, has not yet been extended to Native 
Hawaiians. This measure extends this policy to Native Hawaiians, thus 
furthering the process of reconciliation between Native Hawaiians and 
the United States.
  This measure does not impact program funding for American Indians and 
Alaska Natives. Federal programs for Native Hawaiian health, education 
and housing are already administered by the Departments of Health and 
Human Services, Education, and Housing and Urban Development.
  In addition, this measure has strong support from indigenous peoples 
within the United States. The National Congress of American Indians and 
Alaska Federation of Natives have both passed resolutions in support of 
a government-to-government relationship between Native Hawaiians and 
the United States. Similar resolutions have been passed by the Japanese 
American Citizens' League and the National Education Association. The 
measure is also supported by the Hawaii State Legislature, which passed 
a resolution supporting a federally recognized government-to-government 
relationship.
  This measure does not preclude Native Hawaiians from seeking 
alternatives in the international arena. Instead, this measure focuses 
on self-determination within the framework of federal law and seeks to 
establish equality in the federal policies extended towards American 
Indians, Alaska Natives and Native Hawaiians.
  This measure is critical to the people in Hawaii because it begins a 
process to address many longstanding issues facing Hawaii's indigenous 
peoples and the State of Hawaii. By resolving these matters, we begin a 
process of healing, a process of reconciliation not only within the 
United States, but within the State of Hawaii. These issues are deeply 
rooted in the history of Hawaii. The time has come for us to begin to 
resolve these differences in order to be able to move forward together 
as one.
  Mr. President, I cannot emphasize enough how significant this measure 
is for the State of Hawaii. I look forward to working with my 
colleagues to enact this critical measure for the State of Hawaii and 
indigenous peoples in the United States.
  Mr. President, I request unanimous consent that the text of this 
measure be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 81

       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

[[Page S340]]

     further acknowledges that the Native Hawaiian people never 
     directly relinquished their claims to their inherent 
     sovereignty as a people over their national lands to the 
     United States, either through their monarchy or through a 
     plebiscite or referendum.
       (14) The Apology Resolution expresses the commitment of 
     Congress and the President to acknowledge the ramifications 
     of the overthrow of the Kingdom of Hawaii and to support 
     reconciliation efforts between the United States and Native 
     Hawaiians; and to have Congress and the President, through 
     the President's designated officials, consult with Native 
     Hawaiians on the reconciliation process as called for under 
     the Apology Resolution.
       (15) Despite the overthrow of the Hawaiian government, 
     Native Hawaiians have continued to maintain their separate 
     identity as a distinct native community through the formation 
     of cultural, social, and political institutions, and to give 
     expression to their rights as native people to self-
     determination and self-governance as evidenced through their 
     participation in the Office of Hawaiian Affairs.
       (16) Native Hawaiians also maintain a distinct Native 
     Hawaiian community through the provision of governmental 
     services to Native Hawaiians, including the provision of 
     health care services, educational programs, employment and 
     training programs, children's services, conservation 
     programs, fish and wildlife protection, agricultural 
     programs, native language immersion programs and native 
     language immersion schools from kindergarten through high 
     school, as well as college and master's degree programs in 
     native language immersion instruction, and traditional 
     justice programs, and by continuing their efforts to enhance 
     Native Hawaiian self-determination and local control.
       (17) Native Hawaiians are actively engaged in Native 
     Hawaiian cultural practices, traditional agricultural 
     methods, fishing and subsistence practices, maintenance of 
     cultural use areas and sacred sites, protection of burial 
     sites, and the exercise of their traditional rights to gather 
     medicinal plants and herbs, and food sources.
       (18) The Native Hawaiian people wish to preserve, develop, 
     and transmit to future Native Hawaiian generations their 
     ancestral lands and Native Hawaiian political and cultural 
     identity in accordance with their traditions, beliefs, 
     customs and practices, language, and social and political 
     institutions, and to achieve greater self-determination over 
     their own affairs.
       (19) This Act provides for a process within the framework 
     of Federal law for the Native Hawaiian people to exercise 
     their inherent rights as a distinct aboriginal, indigenous, 
     native community to reorganize a Native Hawaiian government 
     for the purpose of giving expression to their rights as 
     native people to self-determination and self-governance.
       (20) The United States has declared that--
       (A) the United States has a special responsibility for the 
     welfare of the native peoples of the United States, including 
     Native Hawaiians;
       (B) Congress has identified Native Hawaiians as a distinct 
     indigenous group within the scope of its Indian affairs 
     power, and has enacted dozens of statutes on their behalf 
     pursuant to its recognized trust responsibility; and
       (C) Congress has also delegated broad authority to 
     administer a portion of the Federal trust responsibility to 
     the State of Hawaii.
       (21) The United States has recognized and reaffirmed the 
     special trust relationship with the Native Hawaiian people 
     through--
       (A) the enactment of the Act entitled ``An Act to provide 
     for the admission of the State of Hawaii into the Union'', 
     approved March 18, 1959 (Public Law 86-3; 73 Stat. 4) by--
       (i) ceding to the State of Hawaii title to the public lands 
     formerly held by the United States, and mandating that those 
     lands be held in public trust for 5 purposes, one of which is 
     for the betterment of the conditions of Native Hawaiians; and
       (ii) transferring the United States responsibility for the 
     administration of the Hawaiian Home Lands to the State of 
     Hawaii, but retaining the authority to enforce the trust, 
     including the exclusive right of the United States to consent 
     to any actions affecting the lands which comprise the corpus 
     of the trust and any amendments to the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108, chapter 42) that are 
     enacted by the legislature of the State of Hawaii affecting 
     the beneficiaries under the Act.
       (22) The United States continually has recognized and 
     reaffirmed that--
       (A) Native Hawaiians have a cultural, historic, and land-
     based link to the aboriginal, native people who exercised 
     sovereignty over the Hawaiian Islands;
       (B) Native Hawaiians have never relinquished their claims 
     to sovereignty or their sovereign lands;
       (C) the United States extends services to Native Hawaiians 
     because of their unique status as the aboriginal, native 
     people of a once sovereign nation with whom the United States 
     has a political and legal relationship; and
       (D) the special trust relationship of American Indians, 
     Alaska Natives, and Native Hawaiians to the United States 
     arises out of their status as aboriginal, indigenous, native 
     people of the United States.

     SEC. 2. DEFINITIONS.

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

     SEC. 3. UNITED STATES POLICY AND PURPOSE.

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

[[Page S341]]

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

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

     SEC. 5. DESIGNATION OF DEPARTMENT OF JUSTICE REPRESENTATIVE.

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

     SEC. 6. NATIVE HAWAIIAN INTERAGENCY TASK FORCE.

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

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

       (a) Roll.--
       (1) Preparation of roll.--The United States Office for 
     Native Hawaiian Affairs shall assist the adult members of the 
     Native Hawaiian community who wish to participate in the 
     reorganization of a Native Hawaiian government in preparing a 
     roll for the purpose of the organization of a Native Hawaiian 
     Interim Governing Council. The roll shall include the names 
     of the--
       (A) adult members of the Native Hawaiian community who wish 
     to become citizens of a Native Hawaiian government and who 
     are--
       (i) the lineal descendants of the aboriginal, indigenous, 
     native people who resided in the islands that now comprise 
     the State of Hawaii on or before January 1, 1893, and who 
     occupied and exercised sovereignty in the Hawaiian 
     archipelago; or
       (ii) Native Hawaiians who were eligible in 1921 for the 
     programs authorized by the Hawaiian Homes Commission Act (42 
     Stat. 108, chapter 42) or their lineal descendants; and
       (B) the children of the adult members listed on the roll 
     prepared under this subsection.
       (2) Certification and submission.--
       (A) Commission.--
       (i) In general.--There is authorized to be established a 
     Commission to be composed of 9 members for the purpose of 
     certifying that the adult members of the Native Hawaiian 
     community on the roll meet the definition of Native Hawaiian, 
     as defined in section 2(7)(A) of this Act.
       (ii) Membership.--

       (I) Appointment.--The Secretary shall appoint the members 
     of the Commission in accordance with subclause (II). Any 
     vacancy on the Commission shall not affect its powers and 
     shall be filled in the same manner as the original 
     appointment.
       (II) Requirements.--The members of the Commission shall be 
     Native Hawaiian, as defined in section 2(7)(A) of this Act, 
     and shall have expertise in the certification of Native 
     Hawaiian ancestry.
       (III) Congressional submission of suggested candidates.--In 
     appointing members of the Commission, the Secretary may 
     choose such members from among--

       (aa) five suggested candidates submitted by the Majority 
     Leader of the Senate and the Minority Leader of the Senate 
     from a list of candidates provided to such leaders by the 
     Chairman and Vice Chairman of the Committee on Indian Affairs 
     of the Senate; and
       (bb) four suggested candidates submitted by the Speaker of 
     the House of Representatives and the Minority Leader of the 
     House of Representatives from a list provided to the Speaker 
     and the Minority Leader by the Chairman and Ranking member of 
     the Committee on Resources of the House of Representatives.
       (iii) Expenses.--Each member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (B) Certification.--The Commission shall certify that the 
     individuals listed on the roll developed under the authority 
     of this subsection are Native Hawaiians, as defined in 
     section 2(7)(A) of this Act.
       (3) Secretary.--
       (A) Certification.--The Secretary shall review the 
     Commission's certification of the membership roll and 
     determine whether it is consistent with applicable Federal 
     law, including the special trust relationship between the 
     United States and the indigenous, native people of the United 
     States.
       (B) Publication.--Upon making the determination authorized 
     in subparagraph (A), the Secretary shall publish a final 
     roll.
       (C) Appeal.--
       (i) Establishment of mechanism.--The Secretary is 
     authorized to establish a mechanism for an appeal of the 
     Commission's determination as it concerns--

       (I) the exclusion of the name of a person who meets the 
     definition of Native Hawaiian, as defined in section 2(7)(A) 
     of this Act, from the roll; or
       (II) a challenge to the inclusion of the name of a person 
     on the roll on the grounds that the person does not meet the 
     definition of Native Hawaiian, as so defined.

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       (ii) Publication; update.--The Secretary shall publish the 
     final roll while appeals are pending, and shall update the 
     final roll and the publication of the final roll upon the 
     final disposition of any appeal.
       (D) Failure to act.--If the Secretary fails to make the 
     certification authorized in subparagraph (A) within 90 days 
     of the date that the Commission submits the membership roll 
     to the Secretary, the certification shall be deemed to have 
     been made, and the Commission shall publish the final roll.
       (4) Effect of publication.--The publication of the final 
     roll shall serve as the basis for the eligibility of adult 
     members listed on the roll to participate in all referenda 
     and elections associated with the organization of a Native 
     Hawaiian Interim Governing Council and the Native Hawaiian 
     government.
       (b) Recognition of Rights.--The right of the Native 
     Hawaiian people to organize for their common welfare and to 
     adopt appropriate organic governing documents is hereby 
     recognized by the United States.
       (c) Organization of the Native Hawaiian Interim Governing 
     Council.--
       (1) Organization.--The adult members listed on the roll 
     developed under the authority of subsection (a) are 
     authorized to--
       (A) develop criteria for candidates to be elected to serve 
     on the Native Hawaiian Interim Governing Council;
       (B) determine the structure of the Native Hawaiian Interim 
     Governing Council; and
       (C) elect members to the Native Hawaiian Interim Governing 
     Council.
       (2) Election.--Upon the request of the adult members listed 
     on the roll developed under the authority of subsection (a), 
     the United States Office for Native Hawaiian Affairs may 
     assist the Native Hawaiian community in holding an election 
     by secret ballot (absentee and mail balloting permitted), to 
     elect the membership of the Native Hawaiian Interim Governing 
     Council.
       (3) Powers.--
       (A) In general.--The Native Hawaiian Interim Governing 
     Council is authorized to represent those on the roll in the 
     implementation of this Act and shall have no powers other 
     than those given to it in accordance with this Act.
       (B) Funding.--The Native Hawaiian Interim Governing Council 
     is authorized to enter into a contract or grant with any 
     Federal agency, including but not limited to, the United 
     States Office for Native Hawaiian Affairs within the 
     Department of the Interior and the Administration for Native 
     Americans within the Department of Health and Human Services, 
     to carry out the activities set forth in subparagraph (C).
       (C) Activities.--
       (i) In general.--The Native Hawaiian Interim Governing 
     Council is authorized to conduct a referendum of the adult 
     members listed on the roll developed under the authority of 
     subsection (a) for the purpose of determining (but not 
     limited to) the following:

       (I) The proposed elements of the organic governing 
     documents of a Native Hawaiian government.
       (II) The proposed powers and authorities to be exercised by 
     a Native Hawaiian government, as well as the proposed 
     privileges and immunities of a Native Hawaiian government.
       (III) The proposed civil rights and protection of such 
     rights of the citizens of a Native Hawaiian government and 
     all persons subject to the authority of a Native Hawaiian 
     government.

       (ii) Development of organic governing documents.--Based 
     upon the referendum, the Native Hawaiian Interim Governing 
     Council is authorized to develop proposed organic governing 
     documents for a Native Hawaiian government.
       (iii) Distribution.--The Native Hawaiian Interim Governing 
     Council is authorized to distribute to all adult members of 
     those listed on the roll, a copy of the proposed organic 
     governing documents, as drafted by the Native Hawaiian 
     Interim Governing Council, along with a brief impartial 
     description of the proposed organic governing documents.
       (iv) Consultation.--The Native Hawaiian Interim Governing 
     Council is authorized to freely consult with those members 
     listed on the roll concerning the text and description of the 
     proposed organic governing documents.
       (D) Elections.--
       (i) In general.--The Native Hawaiian Interim Governing 
     Council is authorized to hold elections for the purpose of 
     ratifying the proposed organic governing documents, and upon 
     ratification of the organic governing documents, to hold 
     elections for the officers of the Native Hawaiian government.
       (ii) Assistance.--Upon the request of the Native Hawaiian 
     Interim Governing Council, the United States Office of Native 
     Hawaiian Affairs may assist the Council in conducting such 
     elections.
       (4) Termination.--The Native Hawaiian Interim Governing 
     Council shall have no power or authority under this Act after 
     the time at which the duly elected officers of the Native 
     Hawaiian government take office.
       (d) Recognition of the Native Hawaiian Government.--
       (1) Process for recognition.--
       (A) Submittal of organic governing documents.--The duly 
     elected officers of the Native Hawaiian government shall 
     submit the organic governing documents of the Native Hawaiian 
     government to the Secretary.
       (B) Certifications.--Within 90 days of the date that the 
     duly elected officers of the Native Hawaiian government 
     submit the organic governing documents to the Secretary, the 
     Secretary shall certify that the organic governing 
     documents--
       (i) were adopted by a majority vote of the adult members 
     listed on the roll prepared under the authority of subsection 
     (a);
       (ii) are consistent with applicable Federal law and the 
     special trust relationship between the United States and the 
     indigenous native people of the United States;
       (iii) provide for the exercise of those governmental 
     authorities that are recognized by the United States as the 
     powers and authorities that are exercised by other 
     governments representing the indigenous, native people of the 
     United States;
       (iv) provide for the protection of the civil rights of the 
     citizens of the Native Hawaiian government and all persons 
     subject to the authority of the Native Hawaiian government, 
     and to assure that the Native Hawaiian government exercises 
     its authority consistent with the requirements of section 202 
     of the Act of April 11, 1968 (25 U.S.C. 1302);
       (v) prevent the sale, disposition, lease, or encumbrance of 
     lands, interests in lands, or other assets of the Native 
     Hawaiian government without the consent of the Native 
     Hawaiian government;
       (vi) establish the criteria for citizenship in the Native 
     Hawaiian government; and
       (vii) provide authority for the Native Hawaiian government 
     to negotiate with Federal, State, and local governments, and 
     other entities.
       (C) Failure to act.--If the Secretary fails to act within 
     90 days of the date that the duly elected officers of the 
     Native Hawaiian government submitted the organic governing 
     documents of the Native Hawaiian government to the Secretary, 
     the certifications authorized in subparagraph (B) shall be 
     deemed to have been made.
       (D) Resubmission in case of noncompliance with federal 
     law.--
       (i) Resubmission by the secretary.--If the Secretary 
     determines that the organic governing documents, or any part 
     thereof, are not consistent with applicable Federal law, the 
     Secretary shall resubmit the organic governing documents to 
     the duly elected officers of the Native Hawaiian government 
     along with a justification for each of the Secretary's 
     findings as to why the provisions are not consistent with 
     such law.
       (ii) Amendment and resubmission by the native hawaiian 
     government.--If the organic governing documents are 
     resubmitted to the duly elected officers of the Native 
     Hawaiian government by the Secretary under clause (i), the 
     duly elected officers of the Native Hawaiian government 
     shall--

       (I) amend the organic governing documents to ensure that 
     the documents comply with applicable Federal law; and
       (II) resubmit the amended organic governing documents to 
     the Secretary for certification in accordance with 
     subparagraphs (B) and (C).

       (2) Federal recognition.--
       (A) Recognition.--Notwithstanding any other provision of 
     law, upon the election of the officers of the Native Hawaiian 
     government and the certifications (or deemed certifications) 
     by the Secretary authorized in paragraph (1), Federal 
     recognition is hereby extended to the Native Hawaiian 
     government as the representative governing body of the Native 
     Hawaiian people.
       (B) No diminishment of rights or privileges.--Nothing 
     contained in this Act shall diminish, alter, or amend any 
     existing rights or privileges enjoyed by the Native Hawaiian 
     people which are not inconsistent with the provisions of this 
     Act.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

     SEC. 10. 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.

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