[Congressional Record Volume 157, Number 44 (Wednesday, March 30, 2011)]
[Senate]
[Pages S1978-S1984]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Mr. Inouye, Mr. Begich, and Ms. 
        Murkowski):
  S. 675. 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, today I rise to introduce legislation of 
great importance to my state, the Native Hawaiian Government 
Reorganization Act of 2011. This bill would ensure parity in federal 
policy as it relates to the Native Hawaiian people. It would put them 
on equal footing with American Indians and Alaska Natives. I have 
sponsored this common-sense legislation since the 106th Congress.
  Last December, I spoke here on the Senate floor to reaffirm my 
commitment to enact this legislation. I made it clear then to my 
colleagues and my constituents that I would be reintroducing this 
legislation in the 112th Congress. I am moving forward with the 
legislation that was reported out of the Senate Committee on Indian 
Affairs in the 111th Congress.
  Throughout my Senate career, I have been a member of the Committee on 
Indian Affairs. I have worked diligently with my colleagues on the 
Committee to champion legislation to improve conditions for our Native 
communities across the United States. At the beginning of the 112th 
Congress, I became the Chairman of this Committee. I look forward to 
working on the many pressing issues for American Indians, Alaska 
Natives, and Native Hawaiians. Reconciliation between the United States 
and the Native Hawaiian people will be a top priority.
  In 1993, I sponsored a measure commonly known as the Apology 
Resolution. This resolution was signed into law by President Bill 
Clinton. It outlined the history--prior to--and following the overthrow 
of the Kingdom of Hawaii, including the involvement in the overthrow by 
agents of the United States. In the resolution, the United States 
apologized for its involvement--and acknowledged the ramifications of 
the overthrow. It committed to support reconciliation efforts between 
the United States and the Native Hawaiian people.
  However, additional Congressional action is needed.
  My legislation allows us to take the necessary next step in the 
reconciliation process. The bill does three things. First, it 
authorizes an office in the Department of the Interior to serve as a 
liaison between Native Hawaiians and the United States. Second, it 
forms an interagency task force chaired by the Departments of Justice 
and Interior, and composed of officials from federal agencies that 
administer programs and services impacting Native Hawaiians. Third, it 
authorizes a process for the reorganization of the Native Hawaiian 
government for the purposes of a federally-recognized government-to-
government relationship. Once the Native Hawaiian government is 
recognized, an inclusive democratic negotiations process representing 
both Native Hawaiians and non-Native Hawaiians would be established. 
There are many checks and balances in this process. Any agreements 
reached would still require the legislative approval of the State and 
Federal governments.
  Opponents have spread misinformation about the bill. Let me be clear 
on some things that this bill does not do. My bill will not allow for 
gaming. It does not allow for Hawaii to secede from the United States. 
It does not allow for private land to be taken. It does not create a 
reservation in Hawaii.
  What this bill does do is allow the people of Hawaii to come together 
and address issues arising from the overthrow of the Kingdom of Hawaii 
more than 118 years ago.

[[Page S1979]]

  It is time to move forward with this legislation. To date, there have 
been a total of 12 Congressional hearings, including 5 joint hearings 
in Hawaii held by the Senate Committee on Indian Affairs and the House 
Natural Resources Committee. Our colleagues in the House have passed 
versions of this bill three times. We, however, have never had the 
opportunity to openly debate this bill on its merits in the Senate. We 
have a strong bill that is supported by Native communities across the 
United States, by the State of Hawaii, and by the Obama Administration.
  Last week, I met with officials and community leaders in the state of 
Hawaii to share my intention to reintroduce this legislation. I 
received widespread support. This support was not surprising. A poll 
conducted by the Honolulu Advertiser in May of last year reported that 
66 percent of the people of Hawaii support Federal recognition for 
Native Hawaiians. And 82 percent of Native Hawaiians polled support 
Federal recognition.
  My efforts have the support of the National Congress of American 
Indians, the Alaska Federation of Natives, and groups throughout the 
Native Hawaiian community including the Association of Hawaiian Civic 
Clubs, the Native Hawaiian Bar Association, the Council for Native 
Hawaiian Advancement, and two state agencies which represent the 
interests of the Native Hawaiian people, the Office of Hawaiian Affairs 
and the Department of Hawaiian Home Lands. I have also received support 
from national organizations such as the American Bar Association, and 
from President Obama, the Department of Justice, and the Department of 
Interior.
  I encourage all of my colleagues to stand with me and support this 
legislation. I welcome any of my colleagues with concerns to speak with 
me so I can explain how important this bill is for the people of 
Hawaii. The people of Hawaii have waited for far too long. America has 
a history of righting past wrongs. The United States has federally 
recognized government-to-government relationships with 565 tribes 
across our country. It is time to extend this policy to the Native 
Hawaiians.
  Mr. President, I ask unanimous consent that the text of the bill 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. 675

       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 2011''.

     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 and the Supreme Court has held that under 
     the Indian Commerce, Treaty, Supremacy, and Property Clauses, 
     and the War Powers, Congress may exercise that power to 
     rationally promote the welfare of the native peoples of the 
     United States so long as the native people are a ``distinctly 
     native community'';
       (2) Native Hawaiians, the native people of the Hawaiian 
     archipelago that is now part of the United States, are 1 of 
     the indigenous, native peoples of the United States, and the 
     Native Hawaiian people are a distinctly native community;
       (3) the United States has a special political and legal 
     relationship with, and has long enacted legislation to 
     promote the welfare of, the native peoples of the United 
     States, including the Native Hawaiian people;
       (4) under the authority of the Constitution, the United 
     States concluded a number of treaties with the Kingdom of 
     Hawaii, and from 1826 until 1893, the United States--
       (A) recognized the sovereignty of the Kingdom of Hawaii as 
     a nation;
       (B) accorded full diplomatic recognition to the Kingdom of 
     Hawaii; and
       (C) entered into treaties and conventions of peace, 
     friendship and commerce with the Kingdom of Hawaii to govern 
     trade, commerce, and navigation in 1826, 1842, 1849, 1875, 
     and 1887;
       (5) pursuant to the Hawaiian Homes Commission Act, 1920 (42 
     Stat. 108, chapter 42), the United States set aside 
     approximately 203,500 acres of land in trust to better 
     address the conditions of Native Hawaiians in the Federal 
     territory that later became the State of Hawaii and in 
     enacting the Hawaiian Homes Commission Act, 1920, Congress 
     acknowledged the Native Hawaiian people as a native people of 
     the United States, as evidenced by the Committee Report, 
     which notes that Congress relied on the Indian affairs power 
     and the War Powers, including the power to make peace;
       (6) by setting aside 203,500 acres of land in trust for 
     Native Hawaiian homesteads and farms, the Hawaiian Homes 
     Commission Act, 1920, assists the members of the Native 
     Hawaiian community in maintaining distinctly native 
     communities throughout the State of Hawaii;
       (7) approximately 9,800 Native Hawaiian families reside on 
     the Hawaiian Home Lands, and approximately 25,000 Native 
     Hawaiians who are eligible to reside on the Hawaiian Home 
     Lands are on a waiting list to receive assignments of 
     Hawaiian Home Lands;
       (8)(A) in 1959, as part of the compact with the United 
     States admitting Hawaii into the Union, Congress delegated 
     the authority and responsibility to administer the Hawaiian 
     Homes Commission Act, 1920, lands in trust for Native 
     Hawaiians and established a new public trust (commonly known 
     as the ``ceded lands trust''), for 5 purposes, 1 of which is 
     the betterment of the conditions of Native Hawaiians, and 
     Congress thereby reaffirmed its recognition of the Native 
     Hawaiians as a distinctly native community with a direct 
     lineal and historical succession to the aboriginal, 
     indigenous people of Hawaii;
       (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 
     important native land reserves and resources for the Native 
     Hawaiian community to maintain the practice of Native 
     Hawaiian culture, language, and traditions, and for the 
     continuity, survival, and economic self-sufficiency of the 
     Native Hawaiian people as a distinctly native political 
     community;
       (11) Native Hawaiians continue to maintain other distinctly 
     native areas in Hawaii, including native lands that date back 
     to the ali`i and kuleana lands reserved under the Kingdom of 
     Hawaii;
       (12) through the Sovereign Council of Hawaiian Homelands 
     Assembly, Native Hawaiian civic associations, charitable 
     trusts established by the Native Hawaiian ali`i, nonprofit 
     native service providers and other community associations, 
     the Native Hawaiian people have actively maintained native 
     traditions and customary usages throughout the Native 
     Hawaiian community and the Federal and State courts have 
     continuously recognized the right of the Native Hawaiian 
     people to engage in certain customary practices and usages on 
     public lands;
       (13) on November 23, 1993, Public Law 103-150 (107 Stat. 
     1510) (commonly known as the ``Apology Resolution'') was 
     enacted into law, extending an apology on behalf of the 
     United States to the native people of Hawaii for the United 
     States' role in the overthrow of the Kingdom of Hawaii;
       (14) the Apology Resolution acknowledges that the overthrow 
     of the Kingdom of Hawaii occurred with the active 
     participation of agents and citizens of the United States, 
     and further acknowledges that the Native Hawaiian people 
     never directly relinquished to the United States their claims 
     to their inherent sovereignty as a people over their national 
     lands, either through the Kingdom of Hawaii or through a 
     plebiscite or referendum;
       (15)(A) the Apology Resolution expresses the commitment of 
     Congress and the President--
       (i) to acknowledge the ramifications of the overthrow of 
     the Kingdom of Hawaii; and
       (ii) to support reconciliation efforts between the United 
     States and Native Hawaiians;
       (B) Congress established the Office of Hawaiian Relations 
     within the Department of the Interior with 1 of its purposes 
     being to consult with Native Hawaiians on the reconciliation 
     process; and
       (C) the United States has the duty to reconcile and 
     reaffirm its friendship with the Native Hawaiian people 
     because, among other things, the United States Minister and 
     United States naval forces participated in the overthrow of 
     the Kingdom of Hawaii;
       (16)(A) despite the overthrow of the Government of the 
     Kingdom of Hawaii, Native Hawaiians have continued to 
     maintain their separate identity as a single distinctly 
     native political community through cultural, social, and 
     political institutions, and to give expression to their 
     rights as native people to self-determination, self-
     governance, and economic self-sufficiency; and
       (B) there is clear continuity between the aboriginal, 
     indigenous, native people of the Kingdom of Hawaii and their 
     successors, the Native Hawaiian people today;
       (17) 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;

[[Page S1980]]

       (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;
       (18) Native Hawaiian people are actively engaged in Native 
     Hawaiian cultural practices, traditional agricultural 
     methods, fishing and subsistence practices, maintenance of 
     cultural use areas and sacred sites, protection of burial 
     sites, and the exercise of their traditional rights to gather 
     medicinal plants and herbs, and food sources;
       (19) the Native Hawaiian people wish to preserve, develop, 
     and transmit to future generations of Native Hawaiians their 
     lands and Native Hawaiian political and cultural identity in 
     accordance with their traditions, beliefs, customs and 
     practices, language, and social and political institutions, 
     to control and manage their own lands, including ceded lands, 
     and to achieve greater self-determination over their own 
     affairs;
       (20) this Act provides a process within the framework of 
     Federal law for the Native Hawaiian people to exercise their 
     inherent rights as a distinct, indigenous, native community 
     to reorganize a single unified Native Hawaiian governing 
     entity for the purpose of giving expression to their rights 
     as a native people to self-determination and self-governance;
       (21) 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 an indigenous, 
     distinctly native people of the United States within the 
     scope of its authority under the Constitution, and has 
     enacted scores of statutes on their behalf; and
       (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;
       (22) the United States has recognized and reaffirmed the 
     special political and legal relationship with the Native 
     Hawaiian people through the enactment of the Act entitled, 
     ``An Act to provide for the admission of the State of Hawaii 
     into the Union'', approved March 18, 1959 (Public Law 86-3; 
     73 Stat. 4), by--
       (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;
       (23) the United States has continually recognized and 
     reaffirmed that--
       (A) Native Hawaiians have a direct genealogical, cultural, 
     historic, and land-based connection to their forebears, the 
     aboriginal, indigenous, native people who exercised original 
     sovereignty over the Hawaiian Islands;
       (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 native people of a 
     prior-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
       (24) the State of Hawaii supports the reaffirmation of the 
     special political and legal relationship between the Native 
     Hawaiian governing entity and the United States, as evidenced 
     by 2 unanimous resolutions enacted by the Hawaii State 
     Legislature in the 2000 and 2001 sessions of the Legislature 
     and by the testimony of the Governor of the State of Hawaii 
     before the Committee on Indian Affairs of the Senate on 
     February 25, 2003, and March 1, 2005.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Aboriginal, indigenous, native people.--The term 
     ``aboriginal, indigenous, native people'' means a people whom 
     Congress has recognized as the original inhabitants of the 
     lands that later became part of the United States and who 
     exercised sovereignty in the areas that later became part of 
     the United States.
       (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) Commission.--The term ``Commission'' means the 
     Commission established under section 8(b).
       (4) Council.--The term ``Council'' means the Native 
     Hawaiian Interim Governing Council established under section 
     8(c)(2).
       (5) 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.
       (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.
       (6) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (7) Indigenous, native people.--The term ``indigenous, 
     native people'' means the lineal descendants of the 
     aboriginal, indigenous, native people of the United States.
       (8) Interagency coordinating group.--The term ``Interagency 
     Coordinating Group'' means the Native Hawaiian Interagency 
     Coordinating Group established under section 6.
       (9) Native hawaiian governing entity.--The term ``Native 
     Hawaiian governing entity'' means the governing entity 
     organized pursuant to this Act by the qualified Native 
     Hawaiian constituents.
       (10) Native hawaiian membership organization.--The term 
     ``Native Hawaiian Membership Organization'' means an 
     organization that--
       (A) serves and represents the interests of Native 
     Hawaiians, has as a primary and stated purpose the provision 
     of services to Native Hawaiians, and has expertise in Native 
     Hawaiian affairs;
       (B) has leaders who are elected democratically, or selected 
     through traditional Native leadership practices, by members 
     of the Native Hawaiian community;
       (C) advances the cause of Native Hawaiians culturally, 
     socially, economically, or politically;
       (D) is a membership organization or association; and
       (E) has an accurate and reliable list of Native Hawaiian 
     members.
       (11) Office.--The term ``Office'' means the United States 
     Office for Native Hawaiian Relations established by section 
     5(a).
       (12) Qualified native hawaiian constituent.--For the 
     purposes of establishing the roll authorized under section 8, 
     and prior to the recognition by the United States of the 
     Native Hawaiian governing entity, the term ``qualified Native 
     Hawaiian constituent'' means an individual who the Commission 
     determines has satisfied the following criteria and who makes 
     a written statement certifying that he or she--
       (A) is--
       (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, 
     1920 (42 Stat. 108, chapter 42), or a direct lineal 
     descendant of that individual;
       (B) wishes to participate in the reorganization of the 
     Native Hawaiian governing entity;
       (C) is 18 years of age or older;
       (D) is a citizen of the United States; and
       (E) maintains a significant cultural, social, or civic 
     connection to the Native Hawaiian community, as evidenced by 
     satisfying 2 or more of the following 10 criteria:
       (i) Resides in the State of Hawaii.
       (ii) Resides outside the State of Hawaii and--

       (I)(aa) currently serves or served as (or has a parent or 
     spouse who currently serves or served as) a member of the 
     Armed Forces or as an employee of the Federal Government; and
       (bb) resided in the State of Hawaii prior to the time he or 
     she (or such parent or spouse) left the State of Hawaii to 
     serve as a member of the Armed Forces or as an employee of 
     the Federal Government; or
       (II)(aa) currently is or was enrolled (or has a parent or 
     spouse who currently is or was enrolled) in an accredited 
     institution of higher education outside the State of Hawaii; 
     and
       (bb) resided in the State of Hawaii prior to the time he or 
     she (or such parent or spouse) left the State of Hawaii to 
     attend such institution.

       (iii)(I) Is or was eligible to be a beneficiary of the 
     programs authorized by the Hawaiian Homes Commission Act, 
     1920 (42 Stat. 108, chapter 42), and resides or resided on 
     land set aside as ``Hawaiian home lands'', as defined in such 
     Act; or
       (II) Is a child or grandchild of an individual who is or 
     was eligible to be a beneficiary of the programs authorized 
     by such Act and who resides or resided on land set aside as 
     ``Hawaiian home lands'', as defined in such Act.
       (iv) Is or was eligible to be a beneficiary of the programs 
     authorized by the Hawaiian Homes Commission Act, 1920 (42 
     Stat. 108, chapter 42).
       (v) Is a child or grandchild of an individual who is or was 
     eligible to be a beneficiary of the programs authorized by 
     the Hawaiian

[[Page S1981]]

     Homes Commission Act, 1920 (42 Stat. 108, chapter 42).
       (vi) Resides on or has an ownership interest in, or has a 
     parent or grandparent who resides on or has an ownership 
     interest in, ``kuleana land'' that is owned in whole or in 
     part by a person who, according to a genealogy verification 
     by the Office of Hawaiian Affairs or by court order, is a 
     lineal descendant of the person or persons who received the 
     original title to such ``kuleana land'', defined as lands 
     granted to native tenants pursuant to Haw. L. 1850, p. 202, 
     entitled ``An Act Confirming Certain Resolutions of the King 
     and Privy Council Passed on the 21st day of December, A.D. 
     1849, Granting to the Common People Allodial Titles for Their 
     Own Lands and House Lots, and Certain Other Privileges'', as 
     amended by Haw. L. 1851, p. 98, entitled ``An Act to Amend An 
     Act Granting to the Common People Allodial Titles for Their 
     Own Lands and House Lots, and Certain Other Privileges'' and 
     as further amended by any subsequent legislation.
       (vii) Is, or is the child or grandchild of, an individual 
     who has been or was a student for at least 1 school year at a 
     school or program taught through the medium of the Hawaiian 
     language under section 302H-6, Hawaii Revised Statutes, or at 
     a school founded and operated primarily or exclusively for 
     the benefit of Native Hawaiians.
       (viii) Has been a member since September 30, 2009, of at 
     least 1 Native Hawaiian Membership Organization.
       (ix) Has been a member since September 30, 2009, of at 
     least 2 Native Hawaiian Membership Organizations.
       (x) Is regarded as a Native Hawaiian and whose mother or 
     father is (or if deceased, was) regarded as Native Hawaiian 
     by the Native Hawaiian community, as evidenced by sworn 
     affidavits from two or more qualified Native Hawaiian 
     constituents certified by the Commission as possessing 
     expertise in the social, cultural, and civic affairs of the 
     Native Hawaiian community.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (14) Special political and legal relationship.--The term 
     ``special political and legal relationship'' shall refer, 
     except where differences are specifically indicated elsewhere 
     in the Act, to the type of and nature of relationship the 
     United States has with the several federally recognized 
     Indian tribes.

     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)(A) Congress possesses and hereby exercises the 
     authority under the Constitution, including but not limited 
     to Article I, Section 8, Clause 3, to enact legislation to 
     better the conditions of Native Hawaiians and has exercised 
     this authority through the enactment of--
       (i) the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, 
     chapter 42);
       (ii) the Act entitled ``An Act to provide for the admission 
     of the State of Hawaii into the Union'', approved March 18, 
     1959 (Public Law 86-3; 73 Stat. 4); and
       (iii) more than 150 other Federal laws addressing the 
     conditions of Native Hawaiians;
       (B) other sources of authority under the Constitution for 
     legislation on behalf of the indigenous, native peoples of 
     the United States, including Native Hawaiians, include but 
     are not limited to the Property, Treaty, and Supremacy 
     Clauses, War Powers, and the Fourteenth Amendment, and 
     Congress hereby relies on those powers in enacting this 
     legislation; and
       (C) the Constitution's original Apportionment Clause and 
     the 14th Amendment Citizenship and amended Apportionment 
     Clauses also acknowledge the propriety of legislation on 
     behalf of the native peoples of the United States, including 
     Native Hawaiians;
       (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 government-to-government 
     relationship between the single Native Hawaiian governing 
     entity and the United States, effectuate and coordinate the 
     special political and legal relationship between the Native 
     Hawaiian governing entity and the United States through the 
     Secretary, and with all other Federal agencies;
       (3) provide timely notice to, and consult with, the Native 
     Hawaiian governing entity before taking any actions that may 
     have the potential to significantly affect Native Hawaiian 
     resources, rights, or lands;
       (4) work with the Interagency Coordinating Group, other 
     Federal agencies, and the State of Hawaii on policies, 
     practices, and proposed actions affecting Native Hawaiian 
     resources, rights, or lands; and
       (5) prepare and submit to the Committee on Indian Affairs 
     and the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives an annual report detailing the activities of 
     the Interagency Coordinating Group that are undertaken with 
     respect to the continuing process of reconciliation and to 
     effect meaningful consultation with the Native Hawaiian 
     governing entity and may provide recommendations for any 
     necessary changes to Federal law or regulations promulgated 
     under the authority of Federal law.
       (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 whose actions may significantly or 
     uniquely impact Native Hawaiian programs, resources, rights, 
     or lands; and
       (2) the Office.
       (c) Lead Agency.--
       (1) In general.--The Department of the Interior and the 
     White House Office of Intergovernmental Affairs shall serve 
     as the leaders of the Interagency Coordinating Group.
       (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 paragraph (1), but 
     the consultation obligation established in this provision 
     shall apply only after the satisfaction of all of the 
     conditions referred to in section 8(c)(8); and
       (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. DESIGNATION OF DEPARTMENT OF JUSTICE REPRESENTATIVE.

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

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

       (a) Recognition of Native Hawaiian Governing Entity.--The 
     right of the qualified Native Hawaiian constituents to 
     reorganize the single Native Hawaiian governing entity to 
     provide for their common welfare and to adopt appropriate 
     organic governing documents is recognized by the United 
     States.
       (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 qualified Native 
     Hawaiian constituents; and
       (B) certifying that the individuals on the roll of 
     qualified Native Hawaiian constituents meet the definition of 
     qualified Native Hawaiian constituent set forth in section 3.
       (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

[[Page S1982]]

     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 Membership 
     Organization.
       (B) Requirements.--Each member of the Commission shall 
     demonstrate, as determined by the Secretary--
       (i) not less than 10 years of experience in the study and 
     determination of Native Hawaiian genealogy (traditional 
     cultural experience shall be given due consideration); and
       (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 qualified Native 
     Hawaiian constituents as set forth in subsection (c); and
       (B) certify that the individuals on the roll of qualified 
     Native Hawaiian constituents meet the definition of that term 
     as set forth in section 3.
       (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 Reorganization of Native Hawaiian Governing 
     Entity.--
       (1) Roll.--
       (A) Contents.--The roll shall include the names of the 
     qualified Native Hawaiian constituents who are certified by 
     the Commission to be qualified Native Hawaiian constituents, 
     as defined in section 3.
       (B) Formation of roll.--Each individual claiming to be a 
     qualified Native Hawaiian constituent shall submit to the 
     Commission documentation in the form established by the 
     Commission that is sufficient to enable the Commission to 
     determine whether the individual meets the definition set 
     forth in section 3; Provided, That an individual presenting 
     evidence that he or she satisfies the definition in section 2 
     of Public Law 103-150 shall be presumed to meet the 
     requirement of section 3(12)(A)(i).
       (C) Documentation.--The Commission shall--
       (i)(I) identify the types of documentation that may be 
     submitted to the Commission that would enable the Commission 
     to determine whether an individual meets the definition of 
     qualified Native Hawaiian constituent set forth in section 3;
       (II) recognize an individual's identification of lineal 
     ancestors on the 1890 Census by the Kingdom of Hawaii as a 
     reliable indicia of lineal descent from the aboriginal, 
     indigenous, native people who resided in the islands that now 
     comprise the State of Hawaii on or before January 1, 1893; 
     and
       (III) permit elderly Native Hawaiians and other Native 
     Hawaiians lacking birth certificates or other documentation 
     due to birth on Hawaiian Home Lands or other similar 
     circumstances to establish lineal descent by sworn affidavits 
     from 2 or more qualified Native Hawaiian constituents;
       (ii) establish a standard format for the submission of 
     documentation and a process to ensure veracity; and
       (iii) publish information related to clauses (i) and (ii) 
     in the Federal Register.
       (D) Consultation.--In making determinations that each 
     individual proposed for inclusion on the roll of qualified 
     Native Hawaiian constituents meets the definition of 
     qualified Native Hawaiian constituent in section 3, the 
     Commission may consult with Native Hawaiian Membership 
     Organizations, agencies of the State of Hawaii including but 
     not limited to the Department of Hawaiian Home Lands, the 
     Office of Hawaiian Affairs, and the State Department of 
     Health, and other entities with expertise and experience in 
     the determination of Native Hawaiian ancestry and lineal 
     descendancy.
       (E) Notification.--The Commission shall--
       (i) inform an individual whether they have been deemed by 
     the Commission a qualified Native Hawaiian constituent; and
       (ii) inform an individual of a right to appeal the decision 
     if deemed not to be a qualified Native Hawaiian constituent.
       (F) Certification and submittal of roll to secretary.--The 
     Commission shall--
       (i) submit the roll containing the names of those 
     individuals who meet the definition of qualified Native 
     Hawaiian constituent in section 3 to the Secretary within 2 
     years from the date on which the Commission is fully 
     composed; and
       (ii) certify to the Secretary that each of the qualified 
     Native Hawaiian constituents proposed for inclusion on the 
     roll meets the definition set forth in section 3.
       (G) Publication.--Upon certification by the Commission to 
     the Secretary that those listed on the roll meet the 
     definition of qualified Native Hawaiian constituent set forth 
     in section 3, the Commission shall publish the notice of the 
     certification of the roll in the Federal Register, 
     notwithstanding pending appeals pursuant to subparagraph (H).
       (H) Appeal.--The Secretary, in consultation with the 
     Commission, shall establish a mechanism for an administrative 
     appeal for any person whose name is excluded from the roll 
     who claims to meet the definition of qualified Native 
     Hawaiian constituent in section 3.
       (I) Publication; update.--The Commission shall--
       (i) publish the notice of the certification of the roll 
     regardless of whether appeals are pending;
       (ii) update the roll and provide notice of the updated roll 
     on the final disposition of any appeal;
       (iii) update the roll to include any person who has been 
     certified by the Commission as meeting the definition of 
     qualified Native Hawaiian constituent in section 3 after the 
     initial publication of the roll or after any subsequent 
     publications of the roll; and
       (iv) provide a copy of the roll and any updated rolls to 
     the Council.
       (J) Effect of publication.--The publication of the initial 
     and updated roll shall serve as the basis for the eligibility 
     of qualified Native Hawaiian constituents whose names are 
     listed on those rolls to participate in the reorganization of 
     the Native Hawaiian governing entity.
       (2) Organization of council.--
       (A) Organization.--The Commission, in consultation with the 
     Secretary, shall hold a minimum of 3 meetings and each 
     meeting shall be at least 2 working days of the qualified 
     Native Hawaiian constituents listed on the roll established 
     under this section--
       (i) to develop criteria for candidates to be elected to 
     serve on the Council;
       (ii) to determine the structure of the Council, including 
     the number of Council members; and
       (iii) to elect members from individuals listed on the roll 
     established under this subsection to the Council.
       (B) Powers.--
       (i) In general.--The Council--

       (I) shall represent those listed on the roll established 
     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 shall conduct, among the 
     qualified Native Hawaiian constituents listed on the roll 
     established under this subsection, a referendum for the 
     purpose of determining the proposed elements of the organic 
     governing documents of the Native Hawaiian governing entity, 
     including but not limited to--

       (aa) the proposed criteria for future membership in 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 shall develop proposed organic 
     governing documents for the Native Hawaiian governing entity 
     and may seek technical assistance from the Secretary on the 
     draft organic governing documents to ensure that the draft 
     organic governing documents comply with this Act and other 
     Federal law.

[[Page S1983]]

       (III) Distribution.--The Council shall publish to all 
     qualified Native Hawaiian constituents of the Native Hawaiian 
     governing entity listed on the roll published under this 
     subsection notice of the availability of--

       (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.--

       (aa) In general.--Not sooner than 180 days after the 
     proposed organic governing documents are drafted and 
     distributed, the Council, with the assistance of the 
     Secretary, shall hold elections for the purpose of ratifying 
     the proposed organic governing documents.
       (bb) Purpose.--The Council, with the assistance of the 
     Secretary, shall hold the election for the purpose of 
     ratifying the proposed organic governing documents 60 days 
     after publishing notice of an election.
       (cc) Officers.--On certification of the organic governing 
     documents by the Secretary in accordance with paragraph (4), 
     the Council, with the assistance of the Secretary, shall hold 
     elections of the officers of the Native Hawaiian governing 
     entity pursuant to paragraph (5).
       (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 
     9(b)(1), and the subsequent actions by the Congress and the 
     State of Hawaii to enact legislation to implement the 
     agreements of the 3 governments, not later than 180 days, 
     which may be extended an additional 90 days if the Secretary 
     deems necessary, after the date on which the Council submits 
     the organic governing documents to the Secretary, the 
     Secretary shall certify or decline to certify that the 
     organic governing documents--
       (i) establish the criteria for membership in the Native 
     Hawaiian governing entity;
       (ii) were adopted by a majority vote of those qualified 
     Native Hawaiian constituents whose names are listed on the 
     roll published by the Secretary and who voted in the 
     election;
       (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 inherent and other 
     appropriate governmental authorities by the Native Hawaiian 
     governing entity;
       (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.
       (B) Resubmission in case of noncompliance.--
       (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 
     this paragraph shall be deemed to have been made if the 
     Secretary has not acted within 180 days after the date on 
     which the Council has submitted the organic governing 
     documents of the Native Hawaiian governing entity to the 
     Secretary.
       (5) Elections.--On completion of the certifications by the 
     Secretary under paragraph (4), the Council, with the 
     assistance of the Secretary, shall hold elections of the 
     officers of the Native Hawaiian governing entity.
       (6) Provision of roll.--The Council shall provide a copy of 
     the roll of qualified Native Hawaiian constituents to the 
     governing body of the Native Hawaiian governing entity.
       (7) Termination.--The Council shall cease to exist and 
     shall have no power or authority under this Act after the 
     officers of the governing body who are elected as provided in 
     paragraph (5) are installed.
       (8) Reaffirmation.--Notwithstanding any other provision of 
     law, the special political and legal relationship between the 
     United States and the Native Hawaiian people is hereby 
     reaffirmed and the United States extends Federal recognition 
     to the Native Hawaiian governing entity as the representative 
     sovereign governing body of the Native Hawaiian people 
     after--
       (A) the approval of the organic governing documents by the 
     Secretary under subparagraph (A) or (C) of paragraph (4); and
       (B) the officers of the Native Hawaiian governing entity 
     elected under paragraph (5) have been installed.

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

     SEC. 10. APPLICABILITY OF CERTAIN FEDERAL LAWS.

       (a) Indian Gaming Regulatory Act.--
       (1) In general.--The Native Hawaiian governing entity and 
     Native Hawaiians may not conduct gaming activities as a 
     matter of claimed inherent authority or under the authority 
     of any Federal law, including the Indian Gaming Regulatory 
     Act (25 U.S.C. 2701 et seq.) or under any regulations 
     thereunder promulgated by the Secretary or the National 
     Indian Gaming Commission.

[[Page S1984]]

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

     SEC. 11. 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. 12. AUTHORIZATION OF APPROPRIATIONS.

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