[Congressional Record Volume 153, Number 9 (Wednesday, January 17, 2007)]
[Senate]
[Pages S672-S678]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Mr. Inouye, Mr. Dorgan, Ms. Cantwell, 
        Mr. Coleman, Mr. Stevens, Ms. Murkowski, Mr. Smith, and Mr. 
        Dodd):
  S. 310. A bill to express the policy of the United States regarding 
the United States relationship with Native Hawaiians and to provide a 
process for the recognition by the United States of the Native Hawaiian 
governing entity; to the Committee on Indian Affairs.
  Mr. AKAKA. Mr. President, I rise today with the senior Senator from 
Hawaii to introduce the Native Hawaiian Government Reorganization Act 
of 2007. This bill, which is of great importance to the people of 
Hawaii, establishes a process to extend the Federal policy of self-
governance and self-determination to Hawaii's indigenous people. The 
bill provides parity in Federal policies that empower our country's 
other indigenous people--merican Indians and Alaska Natives--to 
participate in a government-to-government relationship with the United 
States.
  January 17, 2007, commemorates the 114th anniversary of Hawaii's 
beloved Queen Liliuokalani being deposed. Although this event may seem 
like a distant memory, it is a poignant event that expedited the 
decline of a proud and self-governing people. The overthrow facilitated 
Native Hawaiians being disenfranchised from not only their culture and 
land, but from their way of life. Native Hawaiians had to endure the 
forced imprisonment of their Queen and witness the deterioration and 
near eradication of their culture and tradition in their own homeland, 
at the hands of foreigners committed exclusively to propagating Western 
values and conventions.
  While Congress has traditionally treated Native Hawaiians in a manner 
parallel to American Indians and Alaska Natives, the Federal policy of 
self-governance and self-determination has not been formally extended 
to Native Hawaiians. The bill itself does not extend Federal 
recognition--it authorizes the process for Federal recognition.
  The Native Hawaiian Government Reorganization Act of 2007 does three 
things: (1) It authorizes an office in the Department of the Interior 
to serve as a liaison between Native Hawaiians and the United States; 
(2) It forms an interagency coordinating group composed of officials 
from Federal agencies who currently administer programs and services 
impacting Native Hawaiians; and (3) It authorizes a process for the 
reorganization of the Native Hawaiian governing entity for the purposes 
of a federally recognized government-to-government relationship.
  Once the Native Hawaiian governing entity is recognized, the bill 
establishes an inclusive, democratic negotiations process representing 
both Native Hawaiians and non-Native Hawaiians. Negotiations between 
the Native Hawaiian entity and the Federal and State governments may 
address issues such as the transfer of lands, assets, and natural 
resources and jurisdiction over such lands, assets, and natural 
resources, as well as other longstanding issues resulting from the 
overthrow of the Kingdom of Hawaii. Any transfers of governmental 
authority or power will require implementing legislation at the State 
and Federal levels.
  The Hawaii congressional delegation has devoted much time and careful 
consideration into crafting this legislation. When I first started this 
process in 1999, our congressional delegation created five working 
groups to assist with the drafting of this legislation. The working 
groups were composed of individuals from the Native Hawaiian community, 
the State of Hawaii, Federal Government, Indian country, Members of 
Congress, and experts in constitutional law. Collectively, more than 
100 people worked together on the initial draft of this legislation. 
The meetings held with the Native Hawaiian community were open to the 
public and a number of individuals who had differing views attended the 
meetings and provided their alternative views on the legislation.
  In August 2000, the Senate Committee on Indian Affairs and the House 
Committee on Resources held joint field hearings on the legislation in 
Hawaii for 5 days. While the bill passed the U.S. House of 
Representatives in the 106th Congress, the Senate failed to take 
action. The bill was subsequently considered by the 107th, l08th, and 
109th Congresses. In each Congress, the bill has been favorably 
reported by the Senate Committee on Indian Affairs and its companion 
measure has been favorably reported by the House Committee on Resources 
in the 106th through the 108th Congress.
  Most recently in the 109th Congress clarifications were made to the 
bill. I want to inform my colleagues to the fact that this bill is 
identical to legislative language negotiated between Senator Inouye and 
myself, and officials from the Department of Justice, Office of 
Management and Budget, and the White House. The language satisfactorily 
addresses concerns expressed in July 2005 by the Bush administration 
regarding the liability of the United States in land claims, the impact 
of the bill on military readiness, gaming, and civil and criminal 
jurisdiction in Hawaii.
  With respect to liability of the United States as it relates to land 
claims, as the author of the Apology Resolution, P.L. 103-150, as well 
as the Native Hawaiian Government Reorganization Act, I have always 
maintained that this legislation is not intended to serve as a 
settlement of any claims nor as a cause of action for any claims. The 
negotiated language makes clear that any grievances regarding 
historical wrongs committed against Native Hawaiians by the United 
States or by the State of Hawaii are to be addressed in the 
negotiations process between the Native Hawaiian governing entity and 
Federal and State governments.
  As a senior member of the Senate Committee on Homeland Security and 
Governmental Affairs, as well as the incoming Chairman on the 
Subcommittee on Readiness and Management of the Senate Committee on 
Armed Services, military readiness for our Armed Forces is of great 
importance to me. Due to concerns raised by the Department of Defense 
to the consultation requirements expected to be facilitated by the 
Office of Native Hawaiian Relations in the Department of the Interior 
and the Native Hawaiian Interagency Coordinating Group; negotiated 
language exempts the Department from these consultation requirements. 
However, these exemptions do not alter nor terminate requirements of 
the DoD to consult with Native Hawaiians under the Native Graves 
Protection and Repatriation Act, NAGPRA, National Historic Preservation 
Act, NHPA, and other existing statutes.
  The bill does not authorize gaming by the Native Hawaiian governing 
entity. Negotiated language clarifies that gaming may not be conducted 
by Native Hawaiians or the Native Hawaiian governing entity as a matter 
of

[[Page S673]]

claimed inherent authority or under the authority of any Federal laws 
or regulations promulgated by the Secretary of the Interior or the 
National Indian Gaming Commission. The bill also makes clear that the 
prohibition applies to any efforts to establish gaming by Native 
Hawaiians and the Native Hawaiian governing entity in Hawaii and in any 
other State or Territory. This language only applies to efforts to 
establish gaming operations as a matter of inherent authority as 
indigenous peoples or under federal laws pertaining to gaming by native 
peoples.

  The bill makes clear that civil and criminal jurisdiction currently 
held by the Federal and State governments will remain with the Federal 
and State governments unless otherwise negotiated and implementing 
legislation is enacted.
  I have described the clarifications that have been made so my 
colleagues know that our negotiations with the administration have been 
successful. This language has been publicly available since September 
2005 and has been widely distributed. Although such clarifications have 
been made, I am proud to report that the bill remains true to its 
intent and purpose--to clarify the existing legal and political 
relationship between Hawaii's indigenous people, Native Hawaiians and 
the United States.
  Along with our efforts to work with the Bush administration, during 
the past 4 years, we have worked closely with Hawaii's first Republican 
governor in 40 years, Governor Linda Lingle to enact this legislation. 
We have also worked closely with the Hawaii State legislature which has 
passed three resolutions unanimously in support of federal recognition 
for Native Hawaiians. I am pleased to announce today that I am again 
joined by members from both sides of the aisle to introduce this 
important measure. I mention this, to underscore the fact that this is 
bipartisan legislation.
  In addition to its widespread support by both Native Hawaiians and 
non-Native Hawaiians in Hawaii, in resolutions adopted by the oldest 
and largest national Indian organization, the National Congress of 
American Indians, and the largest organization representing the Native 
people of Alaska, the Alaska Federation of Natives, the members of both 
groups have consistently expressed their strong support for enactment 
of a bill to provide for recognition by the United States of a Native 
Hawaiian governing entity. Organizations such as the American Bar 
Association, Japanese American Citizen League, and the National Indian 
Education Association have also passed resolutions in support of 
federal recognition for Hawaii's indigenous peoples.
  Today I provide my colleagues with a framework to understand the need 
for this legislation by briefly reviewing (1) Hawaii's past, ancient 
Hawaiian society prior to Western contact, (2) Hawaii's present, the 
far reaching consequences of the overthrow, and (3) Hawaii's future.
  Hawaii was originally settled by Polynesian voyagers arriving as 
early as 300 A.D, 1200 years before Europe's great explorers Magellan 
and Columbus. The Hawaiians braved immense distances guided by their 
extensive knowledge of navigation and understanding of the marine 
environment. Isolation followed the era of long voyages, enabling 
Native Hawaiians to develop distinct political, economic, and social 
structures which were mutually supportive. As stewards of the land and 
sea, Native Hawaiians were intimately linked to the environment and 
they developed innovative methods of agriculture, aquaculture, 
navigation and irrigation.
  With an influx of foreigners into Hawaii, Native Hawaiian populations 
plummeted due to death from common Western diseases. Those that 
survived witnessed foreign interest and involvement in their government 
grow until Queen Liliuokalani was forced by American citizens to 
abdicate her right to the throne. This devastated the Native Hawaiian 
people, forever tainting the waters of their identity and tattering the 
very fabric of their society. For some this injustice, this wound has 
never healed, manifesting itself in a sense of inferiority and 
hopelessness leaving many Native Hawaiians at the lowest levels of 
achievement by all social and economic measures.
  Mr. President, 14 years ago the United States enacted the Apology 
Resolution, 103-150, which acknowledged the 100th anniversary of the 
overthrow of the Kingdom of Hawaii in which the United States offered 
an apology to Native Hawaiians and declared its policy to support 
reconciliation efforts. This is a landmark declaration for it 
recognizes not only are Native Hawaiians the indigenous people of 
Hawaii, but of the urgent need for the U.S. to actively engage in 
reconciliation efforts. This acknowledgment played a crucial role in 
initiating a healing process and although progress has been made, the 
path ahead is uncertain.
  Frustration has led to anger and festered in the hearts of Hawaii's 
younger generations, with each child that is taught about this period 
of Hawaiian history, a loss is relived. It is a burden that Native 
Hawaiians since the overthrow continue to carry, to know that they were 
violated in their own homeland and their governance was ripped away 
unjustly. Despite the perceived harmony, it is the generation of my 
grandchildren that is growing impatient and frustrated with the lack of 
progress being made. Influenced by a deep sadness and growing 
intolerance, an active minority within this generation seeks 
independence from the United States.
  It is for this generation that I work to enact this bill so that 
there is the structured process to deal with these emotional issues. It 
is important that discussions are held and that there is a framework to 
guide appropriate action. For Hawaii is the homeland of the Native 
Hawaiian people.

  A lack of action by the U.S. will only incite and fuel us down a path 
to a divided Hawaii. A Hawaii where lines and boundaries are drawn and 
unity severed. However, the legislation I introduce today seeks to 
build upon the foundation of reconciliation. It provides a structured 
process to bring together the people of Hawaii, along a path of healing 
to a Hawaii where its indigenous people are respected and culture is 
embraced.
  Respecting the rights of America's first people--American Indians, 
Alaska Natives, and Native Hawaiians is not un-American. Through 
enactment of this legislation, we have the opportunity to demonstrate 
that our country does not just preach its ideas, but lives according to 
its founding principles. That the United States will admit when it has 
trespassed against a people and remain resolute to make amends. We 
demonstrate our character to ourselves and to the world by respecting 
the rights of our country's indigenous people. As it has for America's 
other indigenous peoples, I believe the United States must fulfill its 
responsibility to Native Hawaiians.
  I am proud of the fact that this bill respects the rights of Hawaii's 
indigenous peoples through a process that is consistent with Federal 
law, and it provides the structured process for the people of Hawaii to 
address the longstanding issues which have plagued both Native 
Hawaiians and non-Native Hawaiians since the overthrow of the Kingdom 
of Hawaii. We have an established record of the United States' 
commitment to the reconciliation with Native Hawaiians. This 
legislation is another step building upon that foundation and honoring 
that commitment.
  I ask my colleagues to join me in enacting this legislation which is 
of great importance to all 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 text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 310

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Native Hawaiian Government 
     Reorganization Act of 2007''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (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 that is now part of the United States, are 
     indigenous, native people of the United States;

[[Page S674]]

       (3) the United States has a special political and legal 
     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 
     treaties between the United States and the Kingdom of Hawaii, 
     and from 1826 until 1893, the United States--
       (A) recognized the sovereignty of the Kingdom of Hawaii;
       (B) accorded full diplomatic recognition to the Kingdom of 
     Hawaii; and
       (C) entered into treaties and conventions with the Kingdom 
     of Hawaii to govern commerce and navigation in 1826, 1842, 
     1849, 1875, and 1887;
       (5) pursuant to the Hawaiian Homes Commission Act, 1920 (42 
     Stat. 108, chapter 42), the United States set aside 
     approximately 203,500 acres of land to address the conditions 
     of Native Hawaiians in the Federal territory that later 
     became the State of Hawaii;
       (6) by setting aside 203,500 acres of land for Native 
     Hawaiian homesteads and farms, the Hawaiian Homes Commission 
     Act assists the members of the Native Hawaiian community in 
     maintaining distinct native settlements throughout the State 
     of Hawaii;
       (7) approximately 6,800 Native Hawaiian families reside on 
     the Hawaiian Home Lands and approximately 18,000 Native 
     Hawaiians who are eligible to reside on the Hawaiian Home 
     Lands are on a waiting list to receive assignments of 
     Hawaiian Home Lands;
       (8)(A) in 1959, as part of the compact with the United 
     States admitting Hawaii into the Union, Congress established 
     a public trust (commonly known as the ``ceded lands trust''), 
     for 5 purposes, 1 of which is the betterment of the 
     conditions of Native Hawaiians;
       (B) the public trust consists of lands, including submerged 
     lands, natural resources, and the revenues derived from the 
     lands; and
       (C) the assets of this public trust have never been 
     completely inventoried or segregated;
       (9) Native Hawaiians have continuously sought access to the 
     ceded lands in order to establish and maintain native 
     settlements and distinct native communities throughout the 
     State;
       (10) the Hawaiian Home Lands and other 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 and economic self-sufficiency of the Native Hawaiian 
     people;
       (11) Native Hawaiians continue to maintain 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 to the United States their claims to 
     their inherent sovereignty as a people over their national 
     lands, either through the Kingdom of Hawaii or through a 
     plebiscite or referendum;
       (14) the Apology Resolution expresses the commitment of 
     Congress and the President--
       (A) to acknowledge the ramifications of the overthrow of 
     the Kingdom of Hawaii;
       (B) to support reconciliation efforts between the United 
     States and Native Hawaiians; and
       (C) to consult with Native Hawaiians on the reconciliation 
     process as called for in the Apology Resolution;
       (15) despite the overthrow of the government of the Kingdom 
     of Hawaii, Native Hawaiians have continued to maintain their 
     separate identity as a single distinct native community 
     through cultural, social, and political institutions, and to 
     give expression to their rights as native people to self-
     determination, self-governance, and economic self-
     sufficiency;
       (16) Native Hawaiians have also given expression to their 
     rights as native people to self-determination, self-
     governance, and economic self-sufficiency--
       (A) through the provision of governmental services to 
     Native Hawaiians, including the provision of--
       (i) health care services;
       (ii) educational programs;
       (iii) employment and training programs;
       (iv) economic development assistance programs;
       (v) children's services;
       (vi) conservation programs;
       (vii) fish and wildlife protection;
       (viii) agricultural programs;
       (ix) native language immersion programs;
       (x) native language immersion schools from kindergarten 
     through high school;
       (xi) college and master's degree programs in native 
     language immersion instruction; and
       (xii) traditional justice programs, and
       (B) 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 generations of Native Hawaiians their 
     lands and Native Hawaiian political and cultural identity in 
     accordance with their traditions, beliefs, customs and 
     practices, language, and social and political institutions, 
     to control and manage their own lands, including ceded lands, 
     and to achieve greater self-determination over their own 
     affairs;
       (19) this Act provides a process within the framework of 
     Federal law for the Native Hawaiian people to exercise their 
     inherent rights as a distinct, indigenous, native community 
     to reorganize a single Native Hawaiian governing entity for 
     the purpose of giving expression to their rights as native 
     people to self-determination and self-governance;
       (20) Congress--
       (A) has declared that the United States has a special 
     political and legal relationship for the welfare of the 
     native peoples of the United States, including Native 
     Hawaiians;
       (B) has identified Native Hawaiians as a distinct group of 
     indigenous, native people of the United States within the 
     scope of its authority under the Constitution, and has 
     enacted scores of statutes on their behalf ; and
       (C) has delegated broad authority to the State of Hawaii to 
     administer some of the United States' responsibilities as 
     they relate to the Native Hawaiian people and their lands;
       (21) the United States has recognized and reaffirmed the 
     special political and legal relationship with the Native 
     Hawaiian people through the enactment of the Act entitled, 
     ``An Act to provide for the admission of the State of Hawaii 
     into the Union'', approved March 18, 1959 (Public Law 86-3; 
     73 Stat. 4), by--
       (A) ceding to the State of Hawaii title to the public lands 
     formerly held by the United States, and mandating that those 
     lands be held as a public trust for 5 purposes, 1 of which is 
     for the betterment of the conditions of Native Hawaiians; and
       (B) transferring the United States' responsibility for the 
     administration of the Hawaiian Home Lands to the State of 
     Hawaii, but retaining the exclusive right of the United 
     States to consent to any actions affecting the lands included 
     in the trust and any amendments to the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108, chapter 42) that are 
     enacted by the legislature of the State of Hawaii affecting 
     the beneficiaries under the Act;
       (22) the United States has continually recognized and 
     reaffirmed that--
       (A) Native Hawaiians have a cultural, historic, and land-
     based link to the aboriginal, indigenous, 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 indigenous, native 
     people of a once-sovereign nation with whom the United States 
     has a special political and legal relationship; and
       (D) the special relationship of American Indians, Alaska 
     Natives, and Native Hawaiians to the United States arises out 
     of their status as aboriginal, indigenous, native people of 
     the United States; and
       (23) the State of Hawaii supports the reaffirmation of the 
     special political and legal relationship between the Native 
     Hawaiian governing entity and the United States as evidenced 
     by 2 unanimous resolutions enacted by the Hawaii State 
     Legislature in the 2000 and 2001 sessions of the Legislature 
     and by the testimony of the Governor of the State of Hawaii 
     before the Committee on Indian Affairs of the Senate on 
     February 25, 2003, and March 1, 2005.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Aboriginal, indigenous, native people.--The term 
     ``aboriginal, indigenous, native people'' means people whom 
     Congress has recognized as the original inhabitants of the 
     lands that later became part of the United States and who 
     exercised sovereignty in the areas that later became part of 
     the United States.
       (2) Adult member.--The term ``adult member'' means a Native 
     Hawaiian who has attained the age of 18 and who elects to 
     participate in the reorganization of the Native Hawaiian 
     governing entity.
       (3) 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.
       (4) Commission.--The term ``commission'' means the 
     Commission established under section 7(b) to provide for the 
     certification that those adult members of the Native Hawaiian 
     community listed on the roll meet the definition of Native 
     Hawaiian set forth in paragraph (10).
       (5) Council.--The term ``council'' means the Native 
     Hawaiian Interim Governing Council established under section 
     7(c)(2).
       (6) Indian program or service.--
       (A) In general.--The term ``Indian program or service'' 
     means any federally funded or authorized program or service 
     provided to an Indian tribe (or member of an Indian tribe) 
     because of the status of the members of the Indian tribe as 
     Indians.

[[Page S675]]

       (B) Inclusions.--The term ``Indian program or service'' 
     includes a program or service provided by the Bureau of 
     Indian Affairs, the Indian Health Service, or any other 
     Federal agency.
       (7) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (8) Indigenous, native people.--The term ``indigenous, 
     native people'' means the lineal descendants of the 
     aboriginal, indigenous, native people of the United States.
       (9) Interagency coordinating group.--The term ``Interagency 
     Coordinating Group'' means the Native Hawaiian Interagency 
     Coordinating Group established under section 6.
       (10) Native hawaiian.--
       (A) In general.--Subject to subparagraph (B), for the 
     purpose of establishing the roll authorized under section 
     7(c)(1) and before the reaffirmation of the special political 
     and legal relationship between the United States and the 
     Native Hawaiian governing entity, the term ``Native 
     Hawaiian'' means--
       (i) an individual who is 1 of the indigenous, native people 
     of Hawaii and who is a direct lineal descendant of the 
     aboriginal, indigenous, native people who--

       (I) resided in the islands that now comprise the State of 
     Hawaii on or before January 1, 1893; and
       (II) occupied and exercised sovereignty in the Hawaiian 
     archipelago, including the area that now constitutes the 
     State of Hawaii; or

       (ii) an individual who is 1 of the indigenous, native 
     people of Hawaii and who was eligible in 1921 for the 
     programs authorized by the Hawaiian Homes Commission Act (42 
     Stat. 108, chapter 42) or a direct lineal descendant of that 
     individual.
       (B) No effect on other definitions.--Nothing in this 
     paragraph affects the definition of the term ``Native 
     Hawaiian'' under any other Federal or State law (including a 
     regulation).
       (11) Native hawaiian governing entity.--The term ``Native 
     Hawaiian Governing Entity'' means the governing entity 
     organized by the Native Hawaiian people pursuant to this Act.
       (12) Native hawaiian program or service.--The term ``Native 
     Hawaiian program or service'' means any program or service 
     provided to Native Hawaiians because of their status as 
     Native Hawaiians.
       (13) Office.--The term ``Office'' means the United States 
     Office for Native Hawaiian Relations established by section 
     5(a).
       (14) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (15) Special political and legal relationship.--The term 
     ``special political and legal relationship'' shall refer, 
     except where differences are specifically indicated elsewhere 
     in the Act, to the type of and nature of relationship the 
     United States has with the several federally recognized 
     Indian tribes.

     SEC. 4. 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 special 
     political and legal relationship;
       (2) the United States has a special political and legal 
     relationship with the Native Hawaiian people which includes 
     promoting the welfare of Native Hawaiians;
       (3) Congress possesses the authority under the 
     Constitution, including but not limited to Article I, section 
     8, clause 3, 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 governing 
     entity; 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.--The purpose of this Act is to provide a 
     process for the reorganization of the single Native Hawaiian 
     governing entity and the reaffirmation of the special 
     political and legal relationship between the United States 
     and that Native Hawaiian governing entity for purposes of 
     continuing a government-to-government relationship.

     SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RELATIONS.

       (a) Establishment.--There is established within the Office 
     of the Secretary, the United States Office for Native 
     Hawaiian Relations.
       (b) Duties.--The Office shall--
       (1) continue the process of reconciliation with the Native 
     Hawaiian people in furtherance of the Apology Resolution;
       (2) upon the reaffirmation of the special political and 
     legal relationship between the single Native Hawaiian 
     governing entity and the United States, effectuate and 
     coordinate the special political and legal relationship 
     between the Native Hawaiian governing entity and the United 
     States through the Secretary, and with all other Federal 
     agencies;
       (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 before 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 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 Federal law or regulations promulgated 
     under the authority of Federal law.
       (c) Applicability to Department of Defense.--This section 
     shall have no applicability to the Department of Defense or 
     to any agency or component of the Department of Defense, but 
     the Secretary of Defense may designate 1 or more officials as 
     liaison to the Office.

     SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING GROUP.

       (a) Establishment.--In recognition that Federal programs 
     authorized to address the conditions of Native Hawaiians are 
     largely administered by Federal agencies other than the 
     Department of the Interior, there is established an 
     interagency coordinating group to be known as the ``Native 
     Hawaiian Interagency Coordinating Group''.
       (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 Native Hawaiian resources, rights, or lands; 
     and
       (2) the Office.
       (c) Lead Agency.--
       (1) In general.--The Department of the Interior shall serve 
     as the lead agency of the Interagency Coordinating Group.
       (2) Meetings.--The Secretary shall convene meetings of the 
     Interagency Coordinating Group.
       (d) Duties.--The Interagency Coordinating Group shall--
       (1) coordinate Federal programs and policies that affect 
     Native Hawaiians or actions by any agency or agencies of the 
     Federal Government that may significantly or uniquely affect 
     Native Hawaiian resources, rights, or lands;
       (2) consult with the Native Hawaiian governing entity, 
     through the coordination referred to in section 6(d)(1), but 
     the consultation obligation established in this provision 
     shall apply only after the satisfaction of all of the 
     conditions referred to in section 7(c)(6); and
       (3) ensure the participation of each Federal agency in the 
     development of the report to Congress authorized in section 
     5(b)(5).
       (e) Applicability to Department of Defense.--This section 
     shall have no applicability to the Department of Defense or 
     to any agency or component of the Department of Defense, but 
     the Secretary of Defense may designate 1 or more officials as 
     liaison to the Interagency Coordinating Group.

     SEC. 7. PROCESS FOR THE REORGANIZATION OF THE NATIVE HAWAIIAN 
                   GOVERNING ENTITY AND THE REAFFIRMATION OF THE 
                   SPECIAL POLITICAL AND LEGAL RELATIONSHIP 
                   BETWEEN THE UNITED STATES AND THE NATIVE 
                   HAWAIIAN GOVERNING ENTITY.

       (a) Recognition of the Native Hawaiian Governing Entity.--
     The right of the Native Hawaiian people to reorganize the 
     single Native Hawaiian governing entity to provide for their 
     common welfare and to adopt appropriate organic governing 
     documents is recognized by the United States.
       (b) Commission.--
       (1) In general.--There is authorized to be established a 
     Commission to be composed of 9 members for the purposes of--
       (A) preparing and maintaining a roll of the adult members 
     of the Native Hawaiian community who elect to participate in 
     the reorganization of the single Native Hawaiian governing 
     entity; and
       (B) certifying that the adult members of the Native 
     Hawaiian community proposed for inclusion on the roll meet 
     the definition of Native Hawaiian in section 3(10).
       (2) Membership.--
       (A) Appointment.--
       (i) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall appoint the 
     members of the Commission in accordance with subparagraph 
     (B).
       (ii) Consideration.--In making an appointment under clause 
     (i), the Secretary may take into consideration a 
     recommendation made by any Native Hawaiian organization.
       (B) Requirements.--Each member of the Commission shall 
     demonstrate, as determined by the Secretary--

[[Page S676]]

       (i) not less than 10 years of experience in the study and 
     determination of Native Hawaiian genealogy; and
       (ii) an ability to read and translate into English 
     documents written in the Hawaiian language.
       (C) Vacancies.--A vacancy on the Commission--
       (i) shall not affect the powers of the Commission; and
       (ii) shall be filled in the same manner as the original 
     appointment.
       (3) Expenses.--Each member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (4) Duties.--The Commission shall--
       (A) prepare and maintain a roll of the adult members of the 
     Native Hawaiian community who elect to participate in the 
     reorganization of the Native Hawaiian governing entity; and
       (B) certify that each of the adult members of the Native 
     Hawaiian community proposed for inclusion on the roll meets 
     the definition of Native Hawaiian in section 3(10).
       (5) Staff.--
       (A) In general.--The Commission may, without regard to the 
     civil service laws (including regulations), appoint and 
     terminate an executive director and such other additional 
     personnel as are necessary to enable the Commission to 
     perform the duties of the Commission.
       (B) Compensation.--
       (i) In general.--Except as provided in clause (ii), the 
     Commission may fix the compensation of the executive director 
     and other personnel without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates.
       (ii) Maximum rate of pay.--The rate of pay for the 
     executive director and other personnel shall not exceed the 
     rate payable for level V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       (6) Detail of federal government employees.--
       (A) In general.--An employee of the Federal Government may 
     be detailed to the Commission without reimbursement.
       (B) Civil service status.--The detail of the employee shall 
     be without interruption or loss of civil service status or 
     privilege.
       (7) Procurement of temporary and intermittent services.--
     The Commission may procure temporary and intermittent 
     services in accordance with section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of that title.
       (8) Expiration.--The Secretary shall dissolve the 
     Commission upon the reaffirmation of the special political 
     and legal relationship between the Native Hawaiian governing 
     entity and the United States.
       (c) Process for the Reorganization of the Native Hawaiian 
     Governing Entity.--
       (1) Roll.--
       (A) Contents.--The roll shall include the names of the 
     adult members of the Native Hawaiian community who elect to 
     participate in the reorganization of the Native Hawaiian 
     governing entity and are certified to be Native Hawaiian as 
     defined in section 3(10) by the Commission.
       (B) Formation of roll.--Each adult member of the Native 
     Hawaiian community who elects to participate in the 
     reorganization of the Native Hawaiian governing entity shall 
     submit to the Commission documentation in the form 
     established by the Commission that is sufficient to enable 
     the Commission to determine whether the individual meets the 
     definition of Native Hawaiian in section 3(10).
       (C) Documentation.--The Commission shall--
       (i) identify the types of documentation that may be 
     submitted to the Commission that would enable the Commission 
     to determine whether an individual meets the definition of 
     Native Hawaiian in section 3(10);
       (ii) establish a standard format for the submission of 
     documentation; and
       (iii) publish information related to clauses (i) and (ii) 
     in the Federal Register.
       (D) Consultation.--In making determinations that each of 
     the adult members of the Native Hawaiian community proposed 
     for inclusion on the roll meets the definition of Native 
     Hawaiian in section 3(10), the Commission may consult with 
     Native Hawaiian organizations, agencies of the State of 
     Hawaii including but not limited to the Department of 
     Hawaiian Home Lands, the Office of Hawaiian Affairs, and the 
     State Department of Health, and other entities with expertise 
     and experience in the determination of Native Hawaiian 
     ancestry and lineal descendancy.
       (E) Certification and submittal of roll to secretary.--The 
     Commission shall--
       (i) submit the roll containing the names of the adult 
     members of the Native Hawaiian community who meet the 
     definition of Native Hawaiian in section 3(10) to the 
     Secretary within two years from the date on which the 
     Commission is fully composed; and
       (ii) certify to the Secretary that each of the adult 
     members of the Native Hawaiian community proposed for 
     inclusion on the roll meets the definition of Native Hawaiian 
     in section 3(10).
       (F) Publication.--Upon certification by the Commission to 
     the Secretary that those listed on the roll meet the 
     definition of Native Hawaiian in section 3(10), the Secretary 
     shall publish the roll in the Federal Register.
       (G) Appeal.--The Secretary may establish a mechanism for an 
     appeal for any person whose name is excluded from the roll 
     who claims to meet the definition of Native Hawaiian in 
     section 3(10) and to be 18 years of age or older.
       (H) Publication; update.--The Secretary shall--
       (i) publish the roll regardless of whether appeals are 
     pending;
       (ii) update the roll and the publication of the roll on the 
     final disposition of any appeal; and
       (iii) update the roll to include any Native Hawaiian who 
     has attained the age of 18 and who has been certified by the 
     Commission as meeting the definition of Native Hawaiian in 
     section 3(10) after the initial publication of the roll or 
     after any subsequent publications of the roll.
       (I) Failure to act.--If the Secretary fails to publish the 
     roll, not later than 90 days after the date on which the roll 
     is submitted to the Secretary, the Commission shall publish 
     the roll notwithstanding any order or directive issued by the 
     Secretary or any other official of the Department of the 
     Interior to the contrary.
       (J) Effect of publication.--The publication of the initial 
     and updated roll shall serve as the basis for the eligibility 
     of adult members of the Native Hawaiian community whose names 
     are listed on those rolls to participate in the 
     reorganization of the Native Hawaiian governing entity.
       (2) Organization of the native hawaiian interim governing 
     council.--
       (A) Organization.--The adult members of the Native Hawaiian 
     community listed on the roll published under this section 
     may--
       (i) develop criteria for candidates to be elected to serve 
     on the Native Hawaiian Interim Governing Council;
       (ii) determine the structure of the Council; and
       (iii) elect members from individuals listed on the roll 
     published under this subsection to the Council.
       (B) Powers.--
       (i) In general.--The Council--

       (I) may represent those listed on the roll published under 
     this section in the implementation of this Act; and
       (II) shall have no powers other than powers given to the 
     Council under this Act.

       (ii) Funding.--The Council may enter into a contract with, 
     or obtain a grant from, any Federal or State agency to carry 
     out clause (iii).
       (iii) Activities.--

       (I) In general.--The Council may conduct a referendum among 
     the adult members of the Native Hawaiian community listed on 
     the roll published under this subsection for the purpose of 
     determining the proposed elements of the organic governing 
     documents of the Native Hawaiian governing entity, including 
     but not limited to--

       (aa) the proposed criteria for citizenship of the Native 
     Hawaiian governing entity;
       (bb) the proposed powers and authorities to be exercised by 
     the Native Hawaiian governing entity, as well as the proposed 
     privileges and immunities of the Native Hawaiian governing 
     entity;
       (cc) the proposed civil rights and protection of the rights 
     of the citizens of the Native Hawaiian governing entity and 
     all persons affected by the exercise of governmental powers 
     and authorities of the Native Hawaiian governing entity; and
       (dd) other issues determined appropriate by the Council.

       (II) Development of organic governing documents.--Based on 
     the referendum, the Council may develop proposed organic 
     governing documents for the Native Hawaiian governing entity.
       (III) Distribution.--The Council may distribute to all 
     adult members of the Native Hawaiian community listed on the 
     roll published under this subsection--

       (aa) a copy of the proposed organic governing documents, as 
     drafted by the Council; and
       (bb) a brief impartial description of the proposed organic 
     governing documents;

       (IV) Elections.--The Council may hold elections for the 
     purpose of ratifying the proposed organic governing 
     documents, and on certification of the organic governing 
     documents by the Secretary in accordance with paragraph (4), 
     hold elections of the officers of the Native Hawaiian 
     governing entity pursuant to paragraph (5).

       (3) Submittal of organic governing documents.--Following 
     the reorganization of the Native Hawaiian governing entity 
     and the adoption of organic governing documents, the Council 
     shall submit the organic governing documents of the Native 
     Hawaiian governing entity to the Secretary.
       (4) Certifications.--
       (A) In general.--Within the context of the future 
     negotiations to be conducted under the authority of section 
     8(b)(1), and the subsequent actions by the Congress and the 
     State of Hawaii to enact legislation to implement the 
     agreements of the 3 governments, not later than 90 days after 
     the date on which the Council submits the organic governing 
     documents to the Secretary, the Secretary shall certify that 
     the organic governing documents--

[[Page S677]]

       (i) establish the criteria for citizenship in the Native 
     Hawaiian governing entity;
       (ii) were adopted by a majority vote of the adult members 
     of the Native Hawaiian community whose names are listed on 
     the roll published by the Secretary;
       (iii) provide authority for the Native Hawaiian governing 
     entity to negotiate with Federal, State, and local 
     governments, and other entities;
       (iv) provide for the exercise of governmental authorities 
     by the Native Hawaiian governing entity, including any 
     authorities that may be delegated to the Native Hawaiian 
     governing entity by the United States and the State of Hawaii 
     following negotiations authorized in section 8(b)(1) and the 
     enactment of legislation to implement the agreements of the 3 
     governments;
       (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 affected by the exercise of governmental powers and 
     authorities by the Native Hawaiian governing entity; and
       (vii) are consistent with applicable Federal law and the 
     special political and legal relationship between the United 
     States and the indigenous, native people of the United 
     States; provided that the provisions of Public Law 103-454, 
     25 U.S.C. 479a, shall not apply.
       (B) Resubmission in case of noncompliance with the 
     requirements of subparagraph (a).--
       (i) Resubmission by the secretary.--If the Secretary 
     determines that the organic governing documents, or any part 
     of the documents, do not meet all of the requirements set 
     forth in subparagraph (A), the Secretary shall resubmit the 
     organic governing documents to the Council, along with a 
     justification for each of the Secretary's findings as to why 
     the provisions are not in full compliance.
       (ii) Amendment and resubmission of organic governing 
     documents.--If the organic governing documents are 
     resubmitted to the Council by the Secretary under clause (i), 
     the Council shall--

       (I) amend the organic governing documents to ensure that 
     the documents meet all the requirements set forth in 
     subparagraph (A); and
       (II) resubmit the amended organic governing documents to 
     the Secretary for certification in accordance with this 
     paragraph.

       (C) Certifications deemed made.--The certifications under 
     paragraph (4) shall be deemed to have been made if the 
     Secretary has not acted within 90 days after the date on 
     which the Council has submitted the organic governing 
     documents of the Native Hawaiian governing entity to the 
     Secretary.
       (5) Elections.--On completion of the certifications by the 
     Secretary under paragraph (4), the Council may hold elections 
     of the officers of the Native Hawaiian governing entity.
       (6) Reaffirmation.--Notwithstanding any other provision of 
     law, upon the certifications required under paragraph (4) and 
     the election of the officers of the Native Hawaiian governing 
     entity, the special political and legal relationship between 
     the United States and the Native Hawaiian governing entity is 
     hereby reaffirmed and the United States extends Federal 
     recognition to the Native Hawaiian governing entity as the 
     representative governing body of the Native Hawaiian people.

     SEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY; 
                   NEGOTIATIONS; CLAIMS.

       (a) Reaffirmation.--The delegation by the United States of 
     authority to the State of Hawaii to address the conditions of 
     the indigenous, native people of Hawaii contained in the Act 
     entitled ``An Act to provide for the admission of the State 
     of Hawaii into the Union'' approved March 18, 1959 (Public 
     Law 86-3, 73 Stat. 4), is reaffirmed.
       (b) Negotiations.--
       (1) In general.--Upon the reaffirmation of the special 
     political and legal relationship between the United States 
     and the Native Hawaiian governing entity, the United States 
     and the State of Hawaii may enter into negotiations with the 
     Native Hawaiian governing entity designed to lead to an 
     agreement addressing such matters as--
       (A) the transfer of lands, natural resources, and other 
     assets, and the protection of existing rights related to such 
     lands or resources;
       (B) the exercise of governmental authority over any 
     transferred lands, natural resources, and other assets, 
     including land use;
       (C) the exercise of civil and criminal jurisdiction;
       (D) the delegation of governmental powers and authorities 
     to the Native Hawaiian governing entity by the United States 
     and the State of Hawaii;
       (E) any residual responsibilities of the United States and 
     the State of Hawaii; and
       (F) grievances regarding assertions of historical wrongs 
     committed against Native Hawaiians by the United States or by 
     the State of Hawaii.
       (2) Amendments to existing laws.--Upon agreement on any 
     matter or matters negotiated with the United States, the 
     State of Hawaii, and the Native Hawaiian governing entity, 
     the parties are authorized to submit--
       (A) 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, 
     recommendations for proposed amendments to Federal law that 
     will enable the implementation of agreements reached between 
     the 3 governments; and
       (B) to the Governor and the legislature of the State of 
     Hawaii, recommendations for proposed amendments to State law 
     that will enable the implementation of agreements reached 
     between the 3 governments.
       (3) Governmental authority and power.--Any governmental 
     authority or power to be exercised by the Native Hawaiian 
     governing entity which is currently exercised by the State or 
     Federal Governments shall be exercised by the Native Hawaiian 
     governing entity only as agreed to in negotiations pursuant 
     to section 8(b)(1) of this Act and beginning on the date on 
     which legislation to implement such agreement has been 
     enacted by the United States Congress, when applicable, and 
     by the State of Hawaii, when applicable. This includes any 
     required modifications to the Hawaii State Constitution in 
     accordance with the Hawaii Revised Statutes.
       (c) Claims.--
       (1) Disclaimers.--Nothing in this Act--
       (A) creates a cause of action against the United States or 
     any other entity or person;
       (B) alters existing law, including existing case law, 
     regarding obligations on the part of the United States or the 
     State of Hawaii with regard to Native Hawaiians or any Native 
     Hawaiian entity;
       (C) creates obligations that did not exist in any source of 
     Federal law prior to the date of enactment of this Act; or
       (D) establishes authority for the recognition of Native 
     Hawaiian groups other than the single Native Hawaiian 
     Governing Entity.
       (2) Federal sovereign immunity.--
       (A) Specific purpose.--Nothing in this Act is intended to 
     create or allow to be maintained in any court any potential 
     breach-of-trust actions, land claims, resource-protection or 
     resource-management claims, or similar types of claims 
     brought by or on behalf of Native Hawaiians or the Native 
     Hawaiian governing entity for equitable, monetary, or 
     Administrative Procedure Act-based relief against the United 
     States or the State of Hawaii, whether or not such claims 
     specifically assert an alleged breach of trust, call for an 
     accounting, seek declaratory relief, or seek the recovery of 
     or compensation for lands once held by Native Hawaiians.
       (B) Establishment and retention of sovereign immunity.--To 
     effectuate the ends expressed in section 8(c)(1) and 
     8(c)(2)(A), and notwithstanding any other provision of 
     Federal law, the United States retains its sovereign immunity 
     to any claim that existed prior to the enactment of this Act 
     (including, but not limited to, any claim based in whole or 
     in part on past events), and which could be brought by Native 
     Hawaiians or any Native Hawaiian governing entity. Nor shall 
     any preexisting waiver of sovereign immunity (including, but 
     not limited to, waivers set forth in chapter 7 of part I of 
     title 5, United States Code, and sections 1505 and 2409a of 
     title 28, United States Code) be applicable to any such 
     claims. This complete retention or reclaiming of sovereign 
     immunity also applies to every claim that might attempt to 
     rely on this Act for support, without regard to the source of 
     law under which any such claim might be asserted.
       (C) Effect.--It is the general effect of section 8(c)(2)(B) 
     that any claims that may already have accrued and might be 
     brought against the United States, including any claims of 
     the types specifically referred to in section 8(c)(2)(A), 
     along with both claims of a similar nature and claims arising 
     out of the same nucleus of operative facts as could give rise 
     to claims of the specific types referred to in section 
     8(c)(2)(A), be rendered nonjusticiable in suits brought by 
     plaintiffs other than the Federal Government.
       (3) State sovereignty immunity.--
       (A) Notwithstanding any other provision of Federal law, the 
     State retains its sovereign immunity, unless waived in accord 
     with State law, to any claim, established under any source of 
     law, regarding Native Hawaiians, that existed prior to the 
     enactment of this Act.
       (B) Nothing in this Act shall be construed to constitute an 
     override pursuant to section 5 of the Fourteenth Amendment of 
     State sovereign immunity held under the Eleventh Amendment.

     SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS.

       (a) Indian Gaming Regulatory Act.--
       (1) The Native Hawaiian governing entity and Native 
     Hawaiians may not conduct gaming activities as a matter of 
     claimed inherent authority or under the authority of any 
     Federal law, including the Indian Gaming Regulatory Act (25 
     U.S.C. 2701 et seq.) or under any regulations thereunder 
     promulgated by the Secretary or the National Indian Gaming 
     Commission.
       (2) The foregoing prohibition in section 9(a)(1) on the use 
     of Indian Gaming Regulatory Act and inherent authority to 
     game apply regardless of whether gaming by Native Hawaiians 
     or the Native Hawaiian governing entity would be located on 
     land within the State of Hawaii or within any other State or 
     Territory of the United States.
       (b) Taking Land Into Trust.--Notwithstanding any other 
     provision of law, including but not limited to part 151 of 
     title 25, Code of Federal Regulations, the Secretary

[[Page S678]]

     shall not take land into trust on behalf of individuals or 
     groups claiming to be Native Hawaiian or on behalf of the 
     native Hawaiian governing entity.
       (c) Real Property Transfers.--The Indian Trade and 
     Intercourse Act (25 U.S.C. 177), does not, has never, and 
     will not apply after enactment to lands or lands transfers 
     present, past, or future, in the State of Hawaii. If despite 
     the expression of this intent herein, a court were to 
     construe the Trade and Intercourse Act to apply to lands or 
     land transfers in Hawaii before the date of enactment of this 
     Act, then any transfer of land or natural resources located 
     within the State of Hawaii prior to the date of enactment of 
     this Act, by or on behalf of the Native Hawaiian people, or 
     individual Native Hawaiians, shall be deemed to have been 
     made in accordance with the Indian Trade and Intercourse Act 
     and any other provision of Federal law that specifically 
     applies to transfers of land or natural resources from, by, 
     or on behalf of an Indian tribe, Native Hawaiians, or Native 
     Hawaiian entities.
       (d) Single Governing Entity.--This Act will result in the 
     recognition of the single Native Hawaiian governing entity. 
     Additional Native Hawaiian groups shall not be eligible for 
     acknowledgment pursuant to the Federal Acknowledgment Process 
     set forth in part 83 of title 25 of the Code of Federal 
     Regulations or any other administrative acknowledgment or 
     recognition process.
       (e) Jurisdiction.--Nothing in this Act alters the civil or 
     criminal jurisdiction of the United States or the State of 
     Hawaii over lands and persons within the State of Hawaii. The 
     status quo of Federal and State jurisdiction can change only 
     as a result of further legislation, if any, enacted after the 
     conclusion, in relevant part, of the negotiation process 
     established in section 8(b).
       (f) Indian Programs and Services.--Notwithstanding section 
     7(c)(6), because of the eligibility of the Native Hawaiian 
     governing entity and its citizens for Native Hawaiian 
     programs and services in accordance with subsection (g), 
     nothing in this Act provides an authorization for eligibility 
     to participate in any Indian program or service to any 
     individual or entity not otherwise eligible for the program 
     or service under applicable Federal law.
       (g) Native Hawaiian Programs and Services.--The Native 
     Hawaiian governing entity and its citizens shall be eligible 
     for Native Hawaiian programs and services to the extent and 
     in the manner provided by other applicable laws.

     SEC. 10. SEVERABILITY.

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

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

  Mr. INOUYE. Mr. President, I am pleased to join my colleague, Senator 
Akaka, as a cosponsor of the Native Hawaiian Government Reorganization 
Act of 2007.
  During the 109th Congress, the Administration expressed concerns with 
this legislation that stem from its experience with Indian tribes. The 
history of the Native Hawaiians and their treatment by the United 
States is similar to that of Indian tribes and Alaska Natives. I want 
to commend the Administration for devoting staff to work with us to 
achieve consensus on mutually agreeable language. I am confident that 
this measure not only addresses the Administration's concerns but also 
the concerns of some of our colleagues.
  Having served on the Indian Affairs Committee for the past 28 years, 
I know that most of our colleagues are more familiar with conditions 
and circumstances in Indian country, and naturally, they bring their 
experience with Indian country to bear in considering this measure, 
which has been pending in the Senate for the past eight years.
  Accordingly, I believe it is important that our colleagues understand 
what this bill seeks to accomplish as well as how it differs from 
legislation affecting Indian country.
  It is a little known fact that beginning in 1910 and since that time, 
the Congress has passed and the President has signed into law over 160 
Federal laws designed to address the conditions of Native Hawaiians.
  Thus, Federal laws which authorize the provision of health care, 
education, housing, and job training and employment services, as well 
as programs to provide for the preservation of the Native Hawaiian 
language, Native language immersion, Native cultural and grave 
protections and repatriation of Native sacred objects have been in 
place for decades.
  The Native Hawaiian programs do not draw upon funding that is 
appropriated for American Indians or Alaska Natives--there are separate 
authorizations for programs that are administered by different Federal 
agencies--not the Bureau of Indian Affairs or the Indian Health 
Service, for instance--and the Native Hawaiian program funds are not 
drawn from the Interior Appropriations Subcommittee account. Thus, they 
have no impact on the funding that is provided for the other 
indigenous, native people of the United States.
  However, unlike the native people residing on the mainland, Native 
Hawaiians have not been able to exercise their rights as Native people 
to self-determination or self-governance because their government was 
overthrown on January 17, 1893.
  This bill would provide a process for the reorganization of the 
Native Hawaiian government and the resumption of a political and legal 
relationship between that government and the government of the United 
States.
  Because the Native Hawaiian government is not an Indian tribe, the 
body of Federal Indian law that would otherwise customarily apply when 
the United States extends Federal recognition to an Indian tribal group 
does not apply.
  Thus, the bill provides authority for a process of negotiations 
amongst the United States, the State of Hawaii, and the reorganized 
Native Hawaiian government to address such matters as the exercise of 
civil and criminal jurisdiction by the respective governments, the 
transfer of land and natural resources and other assets, and the 
exercise of governmental authority over those lands, natural resources 
and other assets.
  Upon reaching agreement, the U.S. Congress and the legislature of the 
State of Hawaii would have to enact legislation implementing the 
agreements of the three governments, including amendments that will 
necessarily have to be made to existing Federal law, such as the Hawaii 
Admissions Act and the Hawaiian Homes Commission Act, and to State law, 
including amendments to the Hawaii State Constitution, before any of 
the new governmental relationships and authorities can take effect.
  That is why concerns which are premised on the manner in which 
Federal Indian law provides for the respective governmental authorities 
of the State governments and Indian tribal governments simply do not 
apply in Hawaii.
  We have every confidence that consistent with the Federal policy for 
over 35 years, the restoration of the rights to self-determination and 
self-governance will enable the Native Hawaiian people, as the direct, 
lineal descendants of the aboriginal, indigenous native people of what 
has become our nation's fiftieth state, to take their rightful place in 
the family of governments that makes up our constitutional system of 
governance.
                                 ______