[Congressional Record (Bound Edition), Volume 146 (2000), Part 13]
[House]
[Pages 19517-19524]
[From the U.S. Government Publishing Office, www.gpo.gov]



  EXPRESSING POLICY OF UNITED STATES REGARDING ITS RELATIONSHIP WITH 
                            NATIVE HAWAIIANS

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4904) to express the policy of the United States regarding 
the United States relationship with Native Hawaiians, and for other 
purposes, as amended.
  The Clerk read as follows:

                               H.R. 4904

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

     SECTION 1. FINDINGS.

       Congress makes the following findings:
       (1) The Constitution vests Congress with the authority to 
     address the conditions of the indigenous, native people of 
     the United States.
       (2) Native Hawaiians, the native people of the Hawaiian 
     archipelago which is now part of the United States, are 
     indigenous, native people of the United States.
       (3) The United States has a special trust relationship to 
     promote the welfare of the native people of the United 
     States, including Native Hawaiians.
       (4) Under the treaty making power of the United States, 
     Congress exercised its constitutional authority to confirm a 
     treaty between the United States and the government that 
     represented the Hawaiian people, and from 1826 until 1893, 
     the United States recognized the independence of the Kingdom 
     of Hawaii, extended full diplomatic recognition to the 
     Hawaiian government, and entered into treaties and 
     conventions with the Hawaiian monarchs to govern commerce and 
     navigation in 1826, 1842, 1849, 1875, and 1887.
       (5) Pursuant to the provisions of the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108, chapter 42), the United 
     States set aside 203,500 acres of land in the Federal 
     territory that later became the State of Hawaii to address 
     the conditions of Native Hawaiians.
       (6) By setting aside 203,500 acres of land for Native 
     Hawaiian homesteads and farms, the Act assists the Native 
     Hawaiian community in maintaining distinct native settlements 
     throughout the State of Hawaii.
       (7) Approximately 6,800 Native Hawaiian lessees and their 
     family members reside on Hawaiian Home Lands and 
     approximately 18,000 Native Hawaiians who are eligible to 
     reside on the Home Lands are on a waiting list to receive 
     assignments of land.
       (8) In 1959, as part of the compact admitting Hawaii into 
     the United States, Congress established the Ceded Lands Trust 
     for 5 purposes, 1 of which is the betterment of the 
     conditions of Native Hawaiians. Such trust

[[Page 19518]]

     consists of approximately 1,800,000 acres of land, submerged 
     lands, and the revenues derived from such lands, the assets 
     of which have never been completely inventoried or 
     segregated.
       (9) Throughout the years, Native Hawaiians have repeatedly 
     sought access to the Ceded Lands Trust and its resources and 
     revenues in order to establish and maintain native 
     settlements and distinct native communities throughout the 
     State.
       (10) The Hawaiian Home Lands and the Ceded Lands provide an 
     important foundation for the ability of the Native Hawaiian 
     community to maintain the practice of Native Hawaiian 
     culture, language, and traditions, and for the survival of 
     the Native Hawaiian people.
       (11) Native Hawaiians have maintained other distinctly 
     native areas in Hawaii.
       (12) On November 23, 1993, Public Law 103-150 (107 Stat. 
     1510) (commonly known as the Apology Resolution) was enacted 
     into law, extending an apology on behalf of the United States 
     to the Native people of Hawaii for the United States role in 
     the overthrow of the Kingdom of Hawaii.
       (13) The Apology Resolution acknowledges that the overthrow 
     of the Kingdom of Hawaii occurred with the active 
     participation of agents and citizens of the United States and 
     further acknowledges that the Native Hawaiian people never 
     directly relinquished their claims to their inherent 
     sovereignty as a people over their national lands to the 
     United States, either through their monarchy or through a 
     plebiscite or referendum.
       (14) The Apology Resolution expresses the commitment of 
     Congress and the President to acknowledge the ramifications 
     of the overthrow of the Kingdom of Hawaii and to support 
     reconciliation efforts between the United States and Native 
     Hawaiians; and to have Congress and the President, through 
     the President's designated officials, consult with Native 
     Hawaiians on the reconciliation process as called for under 
     the Apology Resolution.
       (15) Despite the overthrow of the Hawaiian government, 
     Native Hawaiians have continued to maintain their separate 
     identity as a distinct native community through the formation 
     of cultural, social, and political institutions, and to give 
     expression to their rights as native people to self-
     determination and self-governance as evidenced through their 
     participation in the Office of Hawaiian Affairs.
       (16) Native Hawaiians also maintain a distinct Native 
     Hawaiian community through the provision of governmental 
     services to Native Hawaiians, including the provision of 
     health care services, educational programs, employment and 
     training programs, children's services, conservation 
     programs, fish and wildlife protection, agricultural 
     programs, native language immersion programs and native 
     language immersion schools from kindergarten through high 
     school, as well as college and master's degree programs in 
     native language immersion instruction, and traditional 
     justice programs, and by continuing their efforts to enhance 
     Native Hawaiian self-determination and local control.
       (17) Native Hawaiians are actively engaged in Native 
     Hawaiian cultural practices, traditional agricultural 
     methods, fishing and subsistence practices, maintenance of 
     cultural use areas and sacred sites, protection of burial 
     sites, and the exercise of their traditional rights to gather 
     medicinal plants and herbs, and food sources.
       (18) The Native Hawaiian people wish to preserve, develop, 
     and transmit to future Native Hawaiian generations their 
     ancestral lands and Native Hawaiian political and cultural 
     identity in accordance with their traditions, beliefs, 
     customs and practices, language, and social and political 
     institutions, and to achieve greater self-determination over 
     their own affairs.
       (19) This Act provides for a process within the framework 
     of Federal law for the Native Hawaiian people to exercise 
     their inherent rights as a distinct aboriginal, indigenous, 
     native community to reorganize a Native Hawaiian government 
     for the purpose of giving expression to their rights as 
     native people to self-determination and self-governance.
       (20) The United States has declared that--
       (A) the United States has a special responsibility for the 
     welfare of the native peoples of the United States, including 
     Native Hawaiians;
       (B) Congress has identified Native Hawaiians as a distinct 
     indigenous group within the scope of its Indian affairs 
     power, and has enacted dozens of statutes on their behalf 
     pursuant to its recognized trust responsibility; and
       (C) Congress has also delegated broad authority to 
     administer a portion of the Federal trust responsibility to 
     the State of Hawaii.
       (21) The United States has recognized and reaffirmed the 
     special trust relationship with the Native Hawaiian people 
     through--
       (A) the enactment of the Act entitled ``An Act to provide 
     for the admission of the State of Hawaii into the Union'', 
     approved March 18, 1959 (Public Law 86-3; 73 Stat. 4) by--
       (i) ceding to the State of Hawaii title to the public lands 
     formerly held by the United States, and mandating that those 
     lands be held in public trust for 5 purposes, one of which is 
     for the betterment of the conditions of Native Hawaiians; and
       (ii) transferring the United States responsibility for the 
     administration of the Hawaiian Home Lands to the State of 
     Hawaii, but retaining the authority to enforce the trust, 
     including the exclusive right of the United States to consent 
     to any actions affecting the lands which comprise the corpus 
     of the trust and any amendments to the Hawaiian Homes 
     Commission Act, 1920 (42 Stat. 108, chapter 42) that are 
     enacted by the legislature of the State of Hawaii affecting 
     the beneficiaries under the Act.
       (22) The United States continually has recognized and 
     reaffirmed that--
       (A) Native Hawaiians have a cultural, historic, and land-
     based link to the aboriginal, native people who exercised 
     sovereignty over the Hawaiian Islands;
       (B) Native Hawaiians have never relinquished their claims 
     to sovereignty or their sovereign lands;
       (C) the United States extends services to Native Hawaiians 
     because of their unique status as the aboriginal, native 
     people of a once sovereign nation with whom the United States 
     has a political and legal relationship; and
       (D) the special trust relationship of American Indians, 
     Alaska Natives, and Native Hawaiians to the United States 
     arises out of their status as aboriginal, indigenous, native 
     people of the United States.

     SEC. 2. DEFINITIONS.

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

     SEC. 3. UNITED STATES POLICY AND PURPOSE.

       (a) Policy.--The United States reaffirms that--

[[Page 19519]]

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

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

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

     SEC. 5. DESIGNATION OF DEPARTMENT OF JUSTICE REPRESENTATIVE.

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

     SEC. 6. NATIVE HAWAIIAN INTERAGENCY TASK FORCE.

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

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

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

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

[[Page 19520]]

     of the Commission, the Secretary may choose such members from 
     among--

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

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

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

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

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

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

[[Page 19521]]

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

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

     SEC. 10. DISCLAIMER.

       Nothing in this Act is intended to serve as a settlement of 
     any claims against the United States, or to affect the rights 
     of the Native Hawaiian people under international law.

     SEC. 11. REGULATIONS.

       The Secretary is authorized to make such rules and 
     regulations and such delegations of authority as the 
     Secretary deems necessary to carry out the provisions of this 
     Act.

     SEC. 12. SEVERABILITY.

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

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentleman from Hawaii (Mr. Abercrombie) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 4904, the gentleman from 
Hawaii's bill regarding the United States' relationship with Native 
Hawaiians. The bill has been the subject of 5 days of hearings in 
Hawaii, jointly held by the House Committee on Resources and the Senate 
Committee on Indian Affairs this summer. In addition to Native 
Hawaiians testifying, the president of the National Congress of 
American Indians, the president of the Alaska Federation of Natives and 
the president of the Central Council of Tlingit and Haida presented 
testimony in support of this legislation. The Committee on Resources 
ordered H.R. 4904 favorably reported on September 20, 2000.
  The bill acknowledges a Federal trust responsibility for Native 
Hawaiians and protects existing Native Hawaiian programs which are 
legitimate and necessary due to unique historic circumstances. The bill 
recognizes Native Hawaiians' right of self-governance as a native 
people and lays out a process for Native Hawaiians to establish a 
structure for self-governance.
  Some have asked how funding for Native Hawaiian programs under this 
bill would affect funds for Native American programs. Native Hawaiian 
programs have always been separately funded, and enactment of H.R. 4904 
would have no impact on program funding for American Indians or Alaskan 
natives.
  Lastly, some have questioned whether the reorganization of a Native 
Hawaiian government might have implications for gaming conducted under 
the Indian Gaming Regulatory Act. There are no Indian tribes in the 
State of Hawaii, nor are there any Indian reservations or Indian lands. 
Hawaii is one of only two States in the Union, the other one is Utah, 
that criminally prohibits all forms of gaming. Accordingly, a 
reorganized Native Hawaiian government could not conduct any form of 
gaming in the State of Hawaii.
  With these concerns answered, I urge an aye vote on this important 
bill for Hawaii.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ABERCROMBIE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, before I yield time to my colleague from Hawaii, may I 
thank the gentleman from Utah (Mr. Hansen), in particular, and the rest 
of the members of the committee, both Republican and Democrat, for 
their support of the bill; and may I express yet once again publicly to 
my chairman, the gentleman from Alaska (Mr. Young), my profound 
gratitude for his understanding, his concern and his perseverance, 
dedication and focus on this bill.
  Mr. Speaker, I am here today to urge the House of Representatives' 
approval of H.R. 4904, a bill to provide a process for the 
reorganization of a Native Hawaiian government and the recognition by 
the United States of the Native Hawaiian government.
  On January 17, 1893, the government of the Kingdom of Hawaii was 
overthrown with the assistance of the United States Minister and U.S. 
Marines. One hundred years later, a resolution extending an apology on 
behalf of the United States to Native Hawaiians for the illegal 
overthrow of the Native Hawaiian government and calling for a 
reconciliation of the relationship between the United States and Native 
Hawaiians was enacted to law.
  The Apology Resolution acknowledges that the overthrow of the Kingdom 
of Hawaii occurred with the active participation of agents and citizens 
of the United States. Further, it acknowledges that the Native Hawaiian 
people never directly relinquished their claims to their inherent 
sovereignty as a people over the their national lands to the United 
States, either through their government or through a plebiscite or 
referendum.
  Since the loss of their government, Native Hawaiians have sought to 
maintain political authority within their community. In 1978, Hawaii 
citizens of all races recognized the long-standing efforts of the 
indigenous people to give expression to their rights to self-
determination and self-governance by amending the state constitution to 
provide for the establishment of a quasi-sovereign state agency, the 
Office of Hawaiian Affairs. The state constitution provides that the 
Office is to be governed by nine Native Hawaiian trustees who are 
elected by Native Hawaiians. The Office of Hawaiian Affairs administers 
programs and services with revenues derived from lands which were ceded 
back to the State of Hawaii upon its admission into the United States. 
The dedication of these revenues reflects the provisions of the 1959 
Hawaii Admissions Act, which provides that the ceded lands and the 
revenues derived therefrom should be held by the State of Hawaii as a 
public trust for five purposes--one of which is the betterment of the 
conditions of Native Hawaiians. The Admissions Act also provides that 
the state would assume a trust responsibility for approximately 203,500 
acres of land that had previously been set aside for Native Hawaiians 
under a 1921 federal law, the Hawaiian Homes Commission Act.
  Four weeks ago, the House Resources Committee and the Senate Indian 
Affairs Committee held five days of joint hearings in Hawaii on H.R. 
4904 and its companion in the Senate, S. 2899. More than 150 people 
presented oral testimony to the committees and several hundred others 
presented written testimony. The testimony received by the committees 
was overwhelmingly in support of the bills. In addition to witnesses 
from the Native Hawaiian community, representatives of the Departments 
of Justice and Interior, the President of the National Congress of 
American Indians, the President of the Alaska Federation of Natives, 
and the President of the Central Council of Tlingit and Haida Indians 
presented oral testimony in support of the bills.
  With the passage of H.R. 4904, the Congress will provide a process 
for the reorganization of a Native Hawaiian government, and the 
recognition by the United States of that government for purposes of 
carrying on a government-to-government relationship. This bill provides 
that the indigenous, native people of Hawaii--Native Hawaiians--might 
have the same opportunities that are afforded under federal law and 
policy to the other indigenous, native people of the United States--
American Indians and Alaska Natives--to give expression to their rights 
to self-determination and self-governance.
  It is also important to note that the United States Congress has 
enacted over 160 laws

[[Page 19522]]

designed to address the conditions of Native Hawaiians. These federal 
laws provide for the provision of health care, education, job training, 
the preservation of native languages, the protection of Native American 
graves and the repatriation of Native American human remains. Thus, the 
reorganization of a Native Hawaiian government would not necessitate a 
host of new federal programs to serve Native Hawaiians. Nor would the 
reorganization of a Native Hawaiian government have any impact on 
programs or the funding for programs that are authorized to address the 
conditions of American Indians and Alaska Natives. For the last 90 
years, Native Hawaiian programs have always been funded under separate 
authorizations with separate appropriations.
  Some have asked whether the reorganization of a Native Hawaiian 
government might also authorize that government to conduct gaming. The 
answer to that question is a simple ``no.'' The Indian Gaming 
Regulatory Act authorizes Indian tribal governments to conduct gaming 
on Indian reservations or Indian lands held in trust by the United 
States, and the scope of gaming under the act is a function of state 
law. But there are no Indian tribal governments in Hawaii, nor are 
there Indian reservations or Indian lands. And the State of Hawaii is 
one of two states in the union that criminally prohibit all forms of 
gaming.
  In developing and refining this measure, we have worked not only with 
the a community, but with representatives of the federal and state 
governments, with leaders of the Alaska Native and Native American 
communities, and with the congressional caucuses. The bill that is 
before the House today has been revised as a result of the testimony 
received at the hearings in Hawaii and in Washington, D.C.
  Our objectives are simple and straightforward. As a matter of federal 
policy and federal law, we want to assure that the United States 
government deals with all of the indigenous, native people of the 
United States in a consistent manner--recognizing and supporting their 
rights to self-determination and self-governance. This is the right 
thing to do and I am honored to play a part in the passage of this 
measure. I ask my colleagues for their support.
  Mr. Speaker, I yield such time as she may consume to the gentlewoman 
from Hawaii (Mrs. Mink).
  Mrs. MINK of Hawaii. I thank the gentleman for yielding me this time.
  Mr. Speaker, I rise in support of H.R. 4904. This bill is viewed as 
necessary following the Rice vs. Cayetano decision, which struck down 
the State's effort to provide for self-determination by the Native 
Hawaiian people. The U.S. Supreme Court decision has immobilized our 
State in the performance of its mandated trust responsibility to the 
Native Hawaiian people as elaborated in the public law that created the 
State of Hawaii.
  Without the power to conduct Native Hawaiian-only elections to manage 
programs for the benefit of the Native Hawaiians, the Office of 
Hawaiian Affairs is now left without the basic protections of self-
governance.
  I want to compliment the gentleman from Hawaii (Mr. Abercrombie) for 
his leadership in crafting and getting this bill through the House 
Committee on Resources in record time. After 5 days of extensive 
hearings in Hawaii, the bill was perfected and comes to the floor with 
a series of perfecting amendments.
  So why do we have to enact H.R. 4904? Because we need to replace the 
Office of Hawaiian Affairs with a self-governing entity that can 
sustain an election process that is restricted to only the Native 
Hawaiian people.
  H.R. 4904, as amended in committee, is stripped down to create a 
concept and leaves the procedural detail to the Native Hawaiians 
themselves. I agree with these changes wholeheartedly. The goal of 
self-determination should be left to the execution and implementation 
of the Native Hawaiians.
  H.R. 4904 is an appropriate way to cure this difficulty caused by 
Rice vs. Cayetano. The State of Hawaii had taken the first step to 
create a self-governing body. H.R. 4904 now sets the Federal mechanism 
to correct the decision of Rice vs. Cayetano. H.R. 4904 must pass.
  Mr. Speaker, I rise today to support H.R. 4904, a bill to express the 
policy of the United States regarding the United States' relationship 
with Native Hawaiians. This bill is viewed as a necessary follow-up to 
the Rice vs. Cayetano decision that struck down the State's effort to 
provide for self-determination by the Native Hawaiian population. The 
U.S. Supreme Court ruled that the State could not conduct an election 
of only Native Hawaiians. Hawaii had so provided in a State 
Constitutional amendment in 1978 by creating an Office of Hawaiian 
Affairs with trustees elected by Native Hawaiians.
  This U.S. Supreme Court decision has immobilized our State in the 
performance of its mandated trust responsibility to the Native Hawaiian 
people as elaborated in the Public Law that created the State of 
Hawaii.
  Without the power to conduct Native Hawaiian-only elections to manage 
programs for the benefit of the Native Hawaiians, the Office of 
Hawaiian Affairs is now left without the basic protections of self-
governance.
  In its decision, the U.S. Supreme Court left open a path that has led 
to the development of this bill, which we have on the floor today.
  I want to compliment my colleague, Neil Abercrombie, for his 
leadership in crafting and getting this bill through the House 
Resources Committee in record time. After five days of hearings in 
Hawaii, the bill was perfected and comes to the floor with a series of 
amendments.
  H.R. 4904 replaces what the Supreme Court struck down. It sets up a 
process for the establishment of a sovereign entity, which like an 
Indian tribe, may establish relations directly with the federal 
government and where the governing council is to be elected by 
descendants of aboriginal Native Hawaiians.
  The historic justification for this is, of course, the illegal 
overthrow of the Hawaiian monarchy in 1893 and the annexation of Hawaii 
in 1898 against the will of the native population.
  Over the years, Congress has voted to provide many special programs 
for Native Hawaiians based on need and because of our special trust 
responsibility. It is argued that these federally enacted programs in 
education, housing, veterans programs, health care, etc., are in 
jeopardy because of Rice vs. Cayetano. I disagree because these federal 
programs are grounded on the special needs of the Native Hawaiians in 
each of these areas. A legal challenge as in Rice vs. Cayetano, I 
believe would fail.
  So why enact H.R. 4904? Because we need to replace the Office of 
Hawaiian Affairs with a self-governing entity that can sustain an 
election process that is restricted to only the Native Hawaiian 
population.
  H.R. 4904 as amended in Committee is stripped down to create a 
concept and leaves the procedural detail to the Native Hawaiians 
themselves. I advocated and agree with this change wholeheartedly. The 
goal is self-determination, and we should leave its execution and 
implementation to the Native Hawaiians themselves.
  I have only one remaining concern and that is the absence of an 
explicit executing referendum to indicate that what we have provided is 
agreed to by the Native Hawaiian people. In making this observation, I 
am assured that the voluntariness of signing up on the rolls 
constitutes the referendum of approval. I am also answered that the 
organic act or constitution to be drafted must be ratified by those who 
have signed up on the rolls.
  I am also told that in the process of implementing this new governing 
body, it may by itself call for a referendum; that this bill does not 
preclude this, satisfies me.
  H.R. 4904 is an appropriate way to cure the heartache caused by Rice 
vs. Cayetano.
  The State of Hawaii had taken the first step to create a self-
governing body, the Office of Hawaiian Affairs, whose trustees were 
elected by Native Hawaiians. This electoral process was struck down by 
the U.S. Supreme Court.
  H.R. 4904 establishes a federal mechanism that overcomes the Rice vs. 
Cayetano decision. H.R. 4904 must pass!
  Mr. KILDEE. Mr. Speaker, I support H.R. 4904, a bill that clarifies 
the relationship between Native Hawaiians and the United States.
  This legislation provides for Federal recognition of the Native 
Hawaiian government for purposes of establishing a government-to-
government relationship similar to that of the Native Americans and the 
Alaska Natives.
  Congress has passed over 150 statutes addressing the needs of Native 
Hawaiians.
  In 1993, we passed an apology bill acknowledging the role of the 
United States Government in the overthrow of the Hawaiian nation in 
1893. The apology bill recognizes that the Native Hawaiians never 
relinquished their inherent sovereignty.
  This legislation has received wide support. It is supported by the 
Hawaii delegation, the Native Hawaiians, the administration, the 
National Congress of American Indians, and the Alaska Federation of 
Natives.
  I want to thank my colleague, Representative Neil Abercrombie from 
Hawaii, for this tireless effort to bring justice to the Native 
Hawaiians.
  I urge my colleagues to support this bill.
  Mr. FALEOMAVAEGA. Mr. Speaker, I rise today in strong support of H.R. 
4904, a bill to

[[Page 19523]]

express the policy of the United States regarding the United States 
relationship with Native Hawaiians.
  There are well over 200,000 Native Hawaiians living in Hawaii. I 
suspect there are approximately another 100,000 living throughout the 
continental United States. In number, Native Hawaiians are the largest 
indigenous group of people living in the United States today.
  As one of Polynesian ancestry, I thank God that the Kanaka Maoli, or 
the Hawaiian people, have not become an extinct race. Given the 
unfortunate turn of historical events that have now made Native 
Hawaiians strangers in their own lands, it is only by the grace of God 
that Native Hawaiians now number over 300,000.
  Mr. Speaker, the Kanaka Maoli are my kin. For purposes of giving you 
a sense of who we are, I would like to share with you something Captain 
James Cook once noted about the Kanaka Maoli, or Polynesian, nation. 
Captain Cook observed that the Kanaka Maoli nation established 
settlements from as far north as Hawaii and as far south as Actearoa 
(or what is now known today as New Zealand). In between, the Kanaka 
Maoli settled in Samoa, in Tokelau, in Tuvalu, parts of Fiji and Tonga. 
The Kanaka Maoli nation also stretched as far east as Rapanui (now 
known as Easter Island) and constituted what Cook considered the 
largest nation on the earth.
  Since Cook's time, we have had our fair share of romantic writers 
coming to the South Seas depicting our women coming out of the Garden 
of Eden on moonlit, tropical shores with the scent of romance forever 
in the air. We've also had our share of anthropologists who think they 
know more about us than they know about themselves. We do not need 
anymore Margaret Meads or Derek Freemans to describe to the world who 
we are as a people. We know how we first came into being. We know our 
past and are committed to our present. We are here today to define our 
future.
  Mr. Speaker, as we proceed today, I would like to add this thought 
for the record. When we discuss the rights of Native Hawaiians, we in 
effect discuss the inalienable rights of any people. As such, what 
happened historically to Native Hawaiians in effect happened to all of 
us. In this context, I would like to present the following for 
consideration.
  More than 100 years ago, ambitious descendants of U.S. missionaries 
and sugar planters, aided by the unauthorized and illegal use of U.S. 
military forces, overthrew the sovereign nation of Hawaii then ruled by 
Queen Lili'uokalani. More than one hundred years later, the United 
States Congress issued a formal apology acknowledging that the Native 
Hawaiian people never relinquished their right to their sovereignty or 
their sovereign lands.
  Earlier this year, Senator Daniel Akaka, the first Polynesian and 
Native Hawaiian to sit as a United States Senator, introduced S. 2899 
to express and define a firm policy of the United States Congress and 
the U.S. government regarding its relationship with the Native Hawaiian 
people. Our distinguished colleague, Congressman Neil Abercrombie, did 
the same in this body. I am honored that both bills have been approved 
by their respective committees of jurisdiction and that H.R. 4904 is 
being considered by the House today.
  The purpose of this measure is to clarify the political relationship 
that exists between Native Hawaiians and the federal government. 
Specifically, the measure provides the Native Hawaiian community with 
an opportunity to form a government-to-government relationship with the 
United States within the context of the U.S. Constitution and federal 
law. The bill provides a process for Native Hawaiians to organize a 
Native Hawaiian governing body, or essentially a Native Hawaiian 
government. The bill also authorizes the Native Hawaiian governing body 
to negotiate with the state of Hawaii and other appropriate officials 
and agencies of the federal government regarding such long-standing 
issues as ceded lands currently controlled by both the state and 
federal governments. The bill also protects education, health, and 
housing programs that have been established by federal law to benefit 
Native Hawaiians.
  The bill does not relinquish the claims of Native Hawaiians to their 
Native lands. The bill does not address the issue of lands. For the 
Native Hawaiians who oppose this bill because they feel it 
predetermines a political status, I say to them--the bill is a 
beginning. It is a measure for organization. It is an act of 
empowerment. It gives voice to those whose voices have historically 
been made mute. As Senator Akaka has noted, this measure provides 
Native Hawaiians with a seat at the table of government. It provides 
authority for Native Hawaiians to define their future and participate 
in the process of choice. It provides Native Hawaiians with the 
opportunity to choose their own leaders to represent them before state 
and federal agencies. It assures that the United States Congress, as 
part of its constitutionally mandated authority, duly recognizes, 
accepts and acknowledges Native Hawaiians as a sovereign people in the 
same way that Native Americans and Native Alaskans are recognized under 
the U.S. Constitution.
  More than 150 people presented oral testimony at the Joint 
Congressional Hearings in Hawaii. Many more have presented written 
testimony. Though some are opposed, those representing major Hawaiian 
organizations and associations lend their full support for the bill. 
The bill has been revised to reflect the input of the Native Hawaiian 
community.
  I fully support the bill and urge my colleagues to give it their full 
support also.
  Mr. GEORGE MILLER of California. Mr. Speaker, H.R. 4904 is a natural 
evolution of the relationship the United States has with Native 
Hawaiians. The need for this legislation began with the illegal 
overthrow of the Kingdom of Hawaii in 1893 which disrupted a peaceful 
citizenry and developing island monarchy. It was highlighted by the 
passage of the Hawaiian Homes Commission Act in 1921 which put lands 
into public trust for the benefit of Native Hawaiians. The next step 
was taken when Congress, a hundred years after the overthrow of the 
Kingdom, adopted a Joint Resolution making a formal apology on behalf 
of the U.S. to Native Hawaiians. Today we unfold yet another chapter in 
our relationship with Native Hawaiians as we consider this legislation 
which provides a process for the reorganization of a Native Hawaiian 
government and recognition of the Native Hawaiian government by the 
United States for purposes of carrying on a government-to-government 
relationship.
  This legislation was thoughtfully crafted. Our colleague, Mr. 
Abercrombie and the entire Hawaii delegation here in the House and the 
Senate have invested a lot of effort into this legislation. In putting 
this together, they solicited input from all interested parties. The 
Resources Committee held five hearings on this legislation and reported 
the bill out with a unanimous vote.
  This is just legislation, it has been a long time coming and I urge 
my colleagues to support it.
  I want to raise two matters which are fundamental to an understanding 
of why the pending legislation has been proposed. The first has to do 
with the authority of the United States to delegate Federal 
responsibilities to the several States. The second is important to an 
understanding of why the Federal policy which recognized the rights of 
the native people of America to self-determination and self-governance 
was not extended to the native people of Hawaii when Hawaii joined our 
Union of States in 1959.
  For the past two hundred and ten years, the United States Congress, 
the Executive, and the U.S. Supreme Court have recognized certain legal 
rights and protections for America's indigenous peoples. Since the 
founding of the United States, Congress has exercised a constitutional 
authority over indigenous affairs and has undertaken an enhanced duty 
of care for America's indigenous peoples. This has been done in 
recognition of the sovereignty possessed by the native people--a 
sovereignty which pre-existed the formation of the United States. The 
Congress' constitutional authority is also premised upon the status of 
the indigenous people as the original inhabitants of this nation who 
occupied and exercised dominion and control over the lands to which the 
United States subsequently acquired legal title.
  The United States has recognized a special political relationship 
with the indigenous people of the United States. As Native Americans--
American Indians, Alaska Natives, and Native Hawaiians--the United 
States has recognized that they are entitled to special rights and 
considerations. The Congress has enacted laws to give expression to the 
respective legal rights and responsibilities of the Federal government 
and the native people.
  However, we must also recognize that over the last two hundred years, 
Federal policy toward America's native people has vacillated 
significantly. While the United States Constitution vests the Congress 
with the authority to address the conditions of the indigenous, native 
people of the United States, from time to time, with the consent of the 
affected States, the Congress has sought to more effectively address 
the conditions of the indigenous people by delegating Federal 
responsibilities to various States.
  Beginning in the 1950's, pursuant to House Concurrent Resolution 108, 
Federal policy sought the termination of Indian reservations and a 
general transfer of some Federal responsibilities to the states. In the 
1960's, California was one of the states that was made

[[Page 19524]]

the subject of Federal law in this respect, when criminal jurisdiction 
and certain elements of civil jurisdiction formerly exercised by the 
United States was transferred to states with the enactment of Public 
Law 83-280.
  So it is that the two significant actions of the United States as 
they relate to the native people of Hawaii must be understood in the 
context of the Federal policy towards America's other indigenous, 
native people at the time of those actions.
  In 1921, when the Hawaiian Homes Commission Act was enacted into law, 
the prevailing Federal policy was premised upon the objective of 
breaking up Indian reservations and allotting lands to individual 
Indians. Those reservation lands remaining after the allotment of lands 
to individual Indians were opened up to settlement by non-Indians, and 
significant incentives were authorized to make the settlement of former 
reservation lands attractive to non-Indian settlers. Indians were not 
to be declared citizens of the United States until 1924, and it was 
typical that a twenty-year restraint on the alienation of allotted 
lands was imposed. This restraint prevented the lands from being 
subject to taxation by the states, but the restraint on alienation 
could be lifted if an individual Indian was deemed to have become 
``civilized.'' However, once the restraint on alienation was lifted and 
individual Indian lands became subject to taxation, Indians who did not 
have the wherewithall to pay the taxes on the land, found their lands 
seized and put up for sale. This allotment era of Federal policy was 
responsible for the alienation of nearly half of all Indian lands 
nationwide--hundreds of millions of acres of lands were no longer in 
native ownership, and hundreds of thousands of Indian people were 
rendered not only landless but homeless.
  The primary objective of the allotment of lands to individual Indians 
was to ``civilize'' the native people. The fact that the United States 
thought to impose a similar scheme on the native people of Hawaii in an 
effort to ``rehabilitate a dying race'' is thus readily understandable 
in the context of the prevailing Federal Indian policy in 1921.
  In 1959, when the State of Hawaii was admitted into the Union, the 
Federal policy toward the native people of America was designed to 
divest the Federal government of its responsibilities for the 
indigenous people and to delegate those responsibilities to the several 
states. A prime example of this Federal policy was the enactment of 
Public Law 83-280, an Act which, as I have indicated, vested criminal 
jurisdiction and certain aspects of civil jurisdiction over Indian 
lands to certain states. In similar fashion, in 1959, the United States 
transferred most of its responsibilities related to the administration 
of the 1921 Hawaiian Homes Commission Act to the new State of Hawaii, 
and in addition, imposed a public trust upon the lands that were ceded 
back to the State for five purposes, one of which was the betterment of 
conditions of Native Hawaiians. The Federal authorization for this 
public trust clearly anticipated that the State's constitution and laws 
would provide for the manner in which the trust would be carried out.
  In 1978, the citizens of the State of Hawaii exercised this 
Federally-delegated authority by amending the State constitution in 
furtherance of the special relationship with Native Hawaiians. The 
delegates to the 1978 constitutional convention recognized that Native 
Hawaiians had no other homeland, and thus that the protection of Native 
Hawaiian subsistence rights to harvest the ocean's resources, to fish 
the fresh streams, to hunt and gather, to exercise their rights to 
self-determination and self-governance, and the preservation of Native 
Hawaiian culture and the Native Hawaiian language could only be 
accomplished in the State of Hawaii.
  Hawaii's adoption of amendments to the State constitution to fulfill 
the special relationship with Native Hawaiians is consistent with the 
practice of other States that have established special relationships 
with the native inhabitants of their areas. Fourteen States have 
extended recognition to Indian tribes that are not recognized by the 
Federal government, and thirty-two States have established commissions 
and offices to address matters of policy affecting the indigenous 
citizenry.
  We all know that on January 17, 1893, the government of the Kingdom 
of Hawaii was overthrown with the assistance of the United States 
minister and U.S. marines. One hundred years later, a resolution 
extending an apology on behalf of the United States to Native Hawaiians 
for the illegal overthrow of the Native Hawaiian government and calling 
for a reconciliation of the relationship between the United States and 
Native Hawaiians was enacted into law (Public Law 103-150).
  The Apology Resolution acknowledges that the overthrow of the Kingdom 
of Hawaii occurred with the active participation of agents and citizens 
of the United States and further acknowledges that the Native Hawaiian 
people never directly relinquished their claims to their inherent 
sovereignty as a people over their national lands to the United States, 
either through their government or through a plebiscite or referendum.
  With the loss of their government in 1893, Native Hawaiians have 
sought to maintain political authority within their community.
  In 1978, the citizens of the State of Hawaii recognized the long-
standing efforts of the native people to give expression to their 
rights to self-determination and self-governance by amending the State 
constitution to provide for the establishment of a quasisovereign State 
agency, the Office of Hawaiian Affairs. The State constitution, as 
amended, provides that the Office is to be governed by nine trustees 
who are Native Hawaiian and who are to be elected by Native Hawaiians. 
The Office administers programs and services with revenues derived from 
lands which were ceded back to the State of Hawaii upon its admissions 
into the Union of States.
  On February 23, 2000, the United States Supreme Court issued a ruling 
in the case of Rice v. Cayetano. The Supreme Court held that because 
the Office of Hawaiian Affairs is an agency of the State of Hawaii that 
is funded in part by appropriations made by the State legislature, the 
election for the trustees of the Office of Hawaiian Affairs must be 
open to all citizens of the State of Hawaii who are otherwise eligible 
to vote in statewide elections.
  Contrary to a mostly erroneous article published today, the Court 
expressly declined to address the powers and authorities of the Federal 
government as they relate to Native Hawaiians. This bill thus does not 
in any way circumvent the decision of the Supreme Court in Rice. 
However, with the Court's ruling, the native people of Hawaii have been 
divested of the mechanism that was established under the Hawaii State 
Constitution that, since 1978, has enabled them to give expression to 
their rights as indigenous, native people of the United States to self-
determination and self-governance.
  H.R. 4904 is designed to address these developments by providing a 
means under Federal law, consistent with the Federal policy of self-
determination and self-governance for America's indigenous, native 
people, for Native Hawaiians to have a status similar to that of the 
other indigenous, native people of the United States, the First 
Americans.
  Mr. HANSEN. Mr. Speaker, I have no requests for time, and I yield 
back the balance of my time.
  Mr. ABERCROMBIE. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Hansen) that the House suspend the rules and 
pass the bill, H.R. 4904, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill to express 
the policy of the United States regarding the United States 
relationship with Native Hawaiians, to provide a process for the 
reorganization of a Native Hawaiian government and the recognition by 
the United States of the Native Hawaiian government, and for other 
purposes.''.
  A motion to reconsider was laid on the table.

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