[Congressional Record Volume 149, Number 25 (Tuesday, February 11, 2003)]
[Senate]
[Pages S2201-S2205]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself and Mr. Inouye):
  S. 344. A bill expressing the policy of the United States regarding 
the United States relationship with Native Hawaiians and to provide a 
process for the recognition by the United States of the Native Hawaiian 
governing entity, and for other purposes; to the Committee on Indian 
Affairs.
  Mr. AKAKA. Mr. President, I rise today to introduce a bill with my 
friend and colleague, the senior Senator from Hawaii, Mr. Inouye, which 
would clarify the political relationship between Native Hawaiians and 
the United States. This measure would extend the Federal policy of 
self-determination and self-governance to Hawaii's indigenous, native 
peoples--Native Hawaiians, by providing a process for the reorganized 
Native Hawaiian governing entity to be recognized for the purposes of a 
government-to-government relationship with the United States.
  The bill we introduce today is identical to legislation that was 
reported by the Senate Committee on Indian Affairs during the 107th 
Congress. This bill does three things. First if provides a process for 
Federal recognition of the Native Hawaiian governing entity. Second, it 
establishes an office within the Department of the Interior to focus on 
Native Hawaiian issues and to serve as a liaison between Native 
Hawaiians and the Federal Government. Finally, it establishes an 
interagency coordinating group to be composed of representatives of 
federal agencies which administer programs and implement policies 
impacting Native Hawaiians.
  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, and providing parity in the Federal Government's 
interactions with American Indians, Alaska Natives, and Native 
Hawaiians.
  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. While the United States' history with its indigenous peoples 
has been dismal, in recent decades, 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.
  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

[[Page S2202]]

the Departments of Health and Human Services, Education, and Housing 
and Urban Development. The bill I introduce today contains a provision 
which makes clear that this bill does not authorize new eligibility for 
participation in any programs and services provided by the Bureau of 
Indian Affairs. This bill does not authorize gaming in Hawaii. In fact, 
it clearly states that the Indian Gaming Regulatory Act, IGRA, does not 
apply to the Native Hawaiian governing entity.

  Finally, this measure does not preclude Native Hawaiians from seeking 
alternatives in the international arena. 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.
  We introduced similar legislation during the 106th and 107th 
Congresses. A previous version of this legislation was passed by the 
House of Representatives during the 106th Congress. The legislation is 
widely supported by our indigenous brethren, American Indians and 
Alaska Natives. It is also supported by the Hawaii State Legislature 
which passed two resolutions supporting a government-to-government 
relationship between Native Hawaiians and the United States. Similar 
resolutions have been passed by the Alaska Federation of Natives, 
National Congress of American Indians, Japanese American Citizens' 
League, and the National Education Association.
  The essence of Hawaii is captured not by the physical beauty of its 
islands, but by the beauty of its people. Those who have lived in 
Hawaii have a unique demeanor and attitude which is appropriately 
described as the ``aloha'' spirit. The people of Hawaii demonstrate the 
aloha spirit through their actions--through their generosity, through 
their appreciation of the environment and natural resources, through 
their willingness to care for each other, through their genuine 
friendliness.
  The people of Hawaii share many ethnic backgrounds and cultures. This 
mix of culture and tradition is based on the unique history of Hawaii. 
The Aloha spirit is the legacy of the pride we all share in the culture 
and tradition of Hawaii's indigenous, native peoples, the Native 
Hawaiians. Hawaii's State motto, ``Ua mau ke'ea `o ka `aina i ka 
pono,'' which means ``the life of the land is perpetuated in 
righteousness,'' captures the culture of Native Hawaiians. Prior to 
western contact, Native Hawaiians lived in an advanced society, in 
distinct and structured communities steeped in science. The Native 
Hawaiians honored their `aina, land, and environment, and therefore 
developed methods of irrigation, agriculture, aquaculture, navigation, 
medicine, fishing and other forms of subsistence whereby the land and 
sea were efficiently used without waste or damage. Respect for the 
environment formed the basis of their culture and tradition. It is from 
this culture and tradition that the Aloha spirit, which is demonstrated 
throughout Hawaii, by all of its people, has endured and flourished.
  Despite the overthrow of the Kingdom of Hawaii, Native Hawaiians 
never directly relinquished their inherent sovereignty as a people over 
their national lands, either through their government or through a 
plebiscite or referendum. Ever since the overthrow of their government, 
Native Hawaiians have sought to maintain political authority within 
their community. The Federal policy of self-governance and self-
determination recognizes and provides for this inherent right within 
Federal law.
  Throughout my service in the Congress and the Senate, I have worked 
to establish a proper foundation of reconciliation between the United 
States and Native Hawaiians to positively address longstanding issues 
of concern resulting from the overthrow. The legislation we introduce 
today to clarify the political relationship between Native Hawaiians 
and the United States proceeds from our efforts to promote 
reconciliation. This endeavor enjoys overwhelming support from Native 
Hawaiians and all the people of Hawaii.
  In 1978, the people of Hawaii acted to preserve Native Hawaiian 
culture and tradition by amending Hawaii's State constitution to 
establish the Office of Hawaiian Affairs and to give expression to the 
right of self-determination and self-governance at the State level for 
Hawaii's indigenous peoples, Native Hawaiians. Starting with statehood, 
Hawaii endeavored to address and protect the rights and concerns of 
Hawaii's indigenous peoples in accordance with authority delegated 
under Federal policy. The constraints of this approach are evident. 
This bill extends the Federal policy of self-determination and self-
governance to Native Hawaiians at the Federal level through a 
government-to-government relationship with the Native Hawaiian 
governing entity.
  This measure is not being introduced to circumvent the 1999 United 
States Supreme Court decision in the case of Rice v. Cayeano. 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 
trustees of a quasi-State agency, the Office of Hawaiian Affairs. 
Nothing in this legislation would alter the eligibility of the 
electorate who votes for the Board of Trustees for the Office of 
Hawaiian Affairs.
  This measure is critical to the people of Hawaii because it provides 
the structure necessary to address many longstanding issues facing 
Hawaii's indigenous peoples and the State of Hawaii. By addressing and 
resolving these matters, we continue our process of healing, a process 
of reconciliation not only within the United States, but within the 
State of Hawaii. The time has come for us to be able to address these 
deeply rooted issues in order for us to be able to move forward as one.
  I cannot emphasize how important this issue is for the people of 
Hawaii. At the state level, I will continue to work with the Hawaii 
State Legislature which has expressed its support for this legislation. 
I will also be working with Governor Linda Lingle, Hawaii's newly 
elected Governor, who has expressed her support for Federal recognition 
for Native Hawaiians. I look forward to continuing my discussions with 
officials within the Federal Government to address issues related to 
this bill, and I continue to welcome input from the people of Hawaii as 
to how we should move forward as a State, and as a community, to 
address longstanding issues resulting from the overthrow of the Kingdom 
of Hawaii.
  We have an established record of United States' commitment to 
reconciliation with Native Hawaiians. This legislation is another step 
forward to honoring that commitment. I ask all my colleagues to join me 
in enacting this critical measure for the people of Hawaii.
  Mr. President, I ask 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. 344

       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

[[Page S2203]]

     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 give expression to their rights 
     as native people to self-determination and self-governance 
     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 governing 
     entity 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 the enactment of the Act entitled ``An Act to provide 
     for the admission of the State of Hawaii into the Union'', 
     approved March 18, 1959 (Public Law 86-3; 73 Stat. 4) by--
       (A) ceding to the State of Hawaii title to the public lands 
     formerly held by the United States, and mandating that those 
     lands be held in public trust for 5 purposes, one of which is 
     for the betterment of the conditions of Native Hawaiians; and
       (B) transferring the United States responsibility for the 
     administration of the Hawaiian Home Lands to the State of 
     Hawaii, but retaining the authority to enforce the trust, 
     including the exclusive right of the United States to consent 
     to any actions affecting the lands 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) Apology resolution.--The term ``Apology Resolution'' 
     means Public Law 103-150 (107 Stat. 1510), a joint resolution 
     extending an apology to Native Hawaiians on behalf of the 
     United States for the participation of agents of the United 
     States  in the January 17, 1893, overthrow of the Kingdom of 
     Hawaii.
       (3) 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).
       (4) Indigenous, native people.--The term ``indigenous, 
     native people'' means the lineal descendants of the 
     aboriginal, indigenous, native people of the United States.
       (5) Interagency coordinating group.--The term ``Interagency 
     Coordinating Group'' means the Native Hawaiian Interagency 
     Coordinating Group established under section 5.
       (6) Native hawaiian.--
       (A) Prior to the recognition by the United States of the 
     Native Hawaiian governing entity, the term ``Native 
     Hawaiian'' means the indigenous, native people of Hawaii who 
     are the direct 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 governing entity, the term ``Native 
     Hawaiian'' shall have the meaning given to such term in the 
     organic governing documents of the Native Hawaiian governing 
     entity.
       (7) Native hawaiian governing entity.--The term ``Native 
     Hawaiian governing entity'' means the governing entity 
     organized by the Native Hawaiian people.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. UNITED STATES POLICY AND PURPOSE.

       (a) Policy.--The United States reaffirms that--
       (1) Native Hawaiians are a unique and distinct, indigenous, 
     native people, with whom the United States has a 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; and
       (C) the right to reorganize a Native Hawaiian governing 
     entity; and
       (5) the United States shall continue to engage in a process 
     of reconciliation and political relations with the Native 
     Hawaiian people.

[[Page S2204]]

       (b) Purpose.--It is the intent of Congress that the purpose 
     of this Act is to provide a process for the recognition by 
     the United States of a Native Hawaiian governing entity for 
     purposes of continuing a government-to-government 
     relationship.

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

       (a) In General.--There is established within the Office of 
     the Secretary the United States Office for Native Hawaiian 
     Relations.
       (b) Duties of the Office.--The United States Office for 
     Native Hawaiian Relations shall--
       (1) effectuate and coordinate the trust relationship 
     between the Native Hawaiian people and the United States, and 
     upon the recognition of the Native Hawaiian governing entity 
     by the United States, between the Native Hawaiian governing 
     entity and the United States through the Secretary, and with 
     all other Federal agencies;
       (2) continue the process of reconciliation with the Native 
     Hawaiian people, and upon the recognition of the Native 
     Hawaiian governing entity by the United States, continue the 
     process of reconciliation with the Native Hawaiian governing 
     entity;
       (3) fully integrate the principle and practice of 
     meaningful, regular, and appropriate consultation with the 
     Native Hawaiian governing entity by providing timely notice 
     to, and consulting with the Native Hawaiian people and the 
     Native Hawaiian governing entity prior to taking any actions 
     that may have the potential to significantly affect Native 
     Hawaiian resources, rights, or lands;
       (4) consult with the Interagency Coordinating Group, other 
     Federal agencies, and with relevant agencies of the State of 
     Hawaii on policies, practices, and proposed actions affecting 
     Native Hawaiian resources, rights, or lands; and
       (5) prepare and submit to the Committee on Indian Affairs 
     and the Committee on Energy and Natural Resources of the 
     Senate, and the Committee on Resources of the House of 
     Representatives an annual report detailing the activities of 
     the Interagency Coordinating Group that are undertaken with 
     respect to the continuing process of reconciliation and to 
     effect meaningful consultation with the Native Hawaiian 
     governing entity and providing recommendations for any 
     necessary changes to existing  Federal statutes or 
     regulations promulgated under the authority of Federal 
     law.

     SEC. 5. NATIVE HAWAIIAN INTERAGENCY COORDINATING GROUP.

       (a) Establishment.--In recognition of the fact that Federal 
     programs authorized to address the conditions of Native 
     Hawaiians are largely administered by Federal agencies other 
     than the Department of the Interior, there is established an 
     interagency coordinating group to be known as the ``Native 
     Hawaiian Interagency Coordinating Group''.
       (b) Composition.--The Interagency Coordinating Group shall 
     be composed of officials, to be designated by the President, 
     from--
       (1) each Federal agency that administers Native Hawaiian 
     programs, establishes or implements policies that affect 
     Native Hawaiians, or whose actions may significantly or 
     uniquely impact on Native Hawaiian resources, rights, or 
     lands; and
       (2) the United States Office for Native Hawaiian Relations 
     established under section 4.
       (c) Lead Agency.--The Department of the Interior shall 
     serve as the lead agency of the Interagency Coordinating 
     Group, and meetings of the Interagency Coordinating Group 
     shall be convened by the lead agency.
       (d) Duties.--The responsibilities of the Interagency 
     Coordinating Group shall be--
       (1) the coordination of Federal programs and 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 governing entity by the 
     United States, consultation with the Native Hawaiian 
     governing entity; and
       (3) to assure the participation of each Federal agency in 
     the development of the report to Congress authorized in 
     section 4(b)(5).

     SEC. 6. PROCESS FOR THE RECOGNITION OF THE NATIVE HAWAIIAN 
                   GOVERNING ENTITY.

       (a) Recognition of the Native Hawaiian Governing Entity.--
     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.
       (b) Process for Recognition.--
       (1) Submittal of organic governing documents.--Following 
     the organization of the Native Hawaiian governing entity, the 
     adoption of organic governing documents, and the election of 
     officers of the Native Hawaiian governing entity, the duly 
     elected officers of the Native Hawaiian governing entity 
     shall submit the organic governing documents of the Native 
     Hawaiian governing entity to the Secretary.
       (2) Certifications.--
       (A) In general.--Within 90 days of the date that the duly 
     elected officers of the Native Hawaiian governing entity 
     submit the organic governing documents to the Secretary, the 
     Secretary shall certify that the organic governing 
     documents--
       (i) establish the criteria for citizenship in the Native 
     Hawaiian governing entity;
       (ii) were adopted by a majority vote of the citizens of the 
     Native Hawaiian governing entity;
       (iii) provide for the exercise of governmental authorities 
     by the Native Hawaiian governing entity;
       (iv) provide for the Native Hawaiian governing entity to 
     negotiate with Federal, State, and local governments, and 
     other entities;
       (v) prevent the sale, disposition, lease, or encumbrance of 
     lands, interests in lands, or other assets of the Native 
     Hawaiian governing entity without the consent of the Native 
     Hawaiian governing entity;
       (vi) provide for the protection of the civil rights of the 
     citizens of the Native Hawaiian governing entity and all 
     persons subject to the authority of the Native Hawaiian 
     governing entity, and ensure that the Native Hawaiian 
     governing entity exercises its authority consistent with the 
     requirements of section 202 of the Act of April 11, 1968 (25 
     U.S.C. 1302); and
       (vii) are consistent with applicable Federal law and the 
     special trust relationship between the United States and the 
     indigenous native people of the United States.
       (B) By the secretary.--Within 90 days of the date that the 
     duly elected officers of the Native Hawaiian governing entity 
     submit the organic governing documents to the Secretary, the 
     Secretary shall certify that the State of Hawaii supports the 
     recognition of a Native Hawaiian governing entity by the 
     United States as evidenced by a resolution or act of the 
     Hawaii State legislature.
       (C) 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 governing 
     entity 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 
     governing entity.--If the organic governing documents are 
     resubmitted to the duly elected officers of the Native 
     Hawaiian governing entity by the Secretary under clause (i), 
     the duly elected officers of the Native Hawaiian governing 
     entity 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 the 
     requirements of this paragraph.

       (D) Certifications deemed made.--The certifications 
     authorized in subparagraph (B) shall be deemed to have been 
     made if the Secretary has not acted within 90 days of the 
     date that the duly elected officers of the Native Hawaiian 
     governing entity have submitted the organic governing 
     documents of the Native Hawaiian governing entity to the 
     Secretary.
       (3) Federal recognition.--Notwithstanding any other 
     provision of law, upon the election of the officers of the 
     Native Hawaiian governing entity and the certifications by 
     the Secretary required under paragraph (1), the United States 
     hereby extends Federal recognition to the Native Hawaiian 
     governing entity as the representative governing body of the 
     Native Hawaiian people.

     SEC. 7. 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. 8. 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 
     the indigenous, native people of Hawaii contained in the Act 
     entitled ``An Act to provide for the admission of the State 
     of Hawaii into the Union'' approved March 18, 1959 (Public 
     Law 86-3; 73 Stat. 5) is hereby reaffirmed.
       (b) Negotiations.--Upon the Federal recognition of the 
     Native Hawaiian governing entity by the United States, the 
     United States is authorized to negotiate and enter into an 
     agreement with the State of Hawaii and the Native Hawaiian 
     governing entity regarding the transfer of lands, resources, 
     and assets dedicated to Native Hawaiian use to the Native 
     Hawaiian governing entity. Nothing in this Act is intended to 
     serve as a settlement of any claims against the United 
     States.

     SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS.

       (a) Indian Gaming Regulatory Act.--Nothing contained in 
     this Act shall be construed as an authorization for the 
     Native Hawaiian governing entity to conduct gaming activities 
     under the authority of the Indian Gaming Regulatory Act (25 
     U.S.C. 2701 et seq.).
       (b) Bureau of Indian Affairs.--Nothing contained in this 
     Act shall be construed as an authorization for eligibility to 
     participate in any programs and services provided by the 
     Bureau of Indian Affairs for any persons not otherwise 
     eligible for such programs or services.

     SEC. 10. SEVERABILITY.

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

[[Page S2205]]

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