[House Report 111-413]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-413
======================================================================
 
  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2314) 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

                                _______
                                

 February 22, 2010.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Mr. Polis, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                      [To accompany H. Res. 1083]

    The Committee on Rules, having had under consideration 
House Resolution 1083, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2314, the 
``Native Hawaiian Government Reorganization Act of 2009'' under 
a structured rule providing one hour of general debate in the 
House equally divided and controlled by the chairman and 
ranking minority member of the Committee on Natural Resources. 
The resolution waives all points of order against consideration 
of the bill except for clauses 9 and 10 of rule XXI. The 
resolution provides that the bill shall be considered as read. 
The resolution waives all points of order against provisions of 
the bill. This waiver does not affect the point of order 
available under clause 9 of rule XXI (regarding earmark 
disclosure).
    The resolution makes in order the amendment in the nature 
of a substitute printed in part A of this report, if offered by 
Representative Abercrombie or his designee, which shall be 
separately debatable for 30 minutes equally divided and 
controlled by the proponent and an opponent. The resolution 
waives all points of order against the amendment in the nature 
of a substitute in part A except for clauses 9 and 10 of rule 
XXI. The resolution makes in order the amendments printed in 
part B of this report to the amendment in the nature of a 
substitute printed in part A of this report. The amendments may 
be offered only by a Member designated in the report, shall be 
in order without intervention of any point of order except 
those arising under clause 10 of rule XXI, shall be considered 
as read, and shall be separately debatable for 10 minutes 
equally divided and controlled by the proponent and an 
opponent. The resolution waives all points of order against the 
amendments in part B except for clause 10 of rule XXI. The 
resolution provides that during consideration of an amendment 
printed in part B of the report of the Committee on Rules 
accompanying this resolution, the Chair may postpone the 
question of adoption as though under clause 8 of rule XX. 
Finally, the resolution provides one motion to recommit with or 
without instructions.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill (except those arising under clause 9 or 10 of rule 
XXI) includes a waiver of clause 4(a) of rule XIII (regarding 
availability of committee report). Although the resolution 
waives all points of order against the bill the Committee is 
not aware of any points of order. The waiver of all points of 
order is prophylactic.

SUMMARY OF THE AMENDMENT IN THE NATURE OF A SUBSTITUTE IN PART A TO BE 
                             MADE IN ORDER

    1. Abercrombie: Amendment in the Nature of a Substitute 
(ANS). The substitute addresses several issues raised by the 
Attorney General of the State of Hawaii and others. In 
particular the ANS clarifies the definition of ``Native 
Hawaiian'' to ensure that the Native Hawaiian governing entity 
is a distinctly native community. While recognizing and 
affirming the sovereign immunity of the Native Hawaiian 
governing entity, the ANS expressly states the Act does not 
alter the sovereign immunity of the United States or the State 
of Hawaii allowing for negotiations. The ANS further clarifies 
that, pending negotiations and subsequent implementation 
legislation the following will occur: there will be no ``Indian 
Country'' within Hawaii; the United States will not take land 
into trust, nor restrict alienability of land owned by the 
Native Hawaiian governing entity; the governing entity may not 
exercise certain powers and authorities such as jurisdiction 
over non Native Hawaiian individuals without their consent; and 
the State of Hawaii will retain regulatory and taxation 
authority over Native Hawaiians and the Native Hawaiian 
governing entity. (30 minutes)

SUMMARY OF THE AMENDMENTS IN PART B, TO THE AMENDMENT IN THE NATURE OF 
              A SUBSTITUTE IN PART A, TO BE MADE IN ORDER

    1. Hastings (WA): The amendment requires that the voters of 
Hawaii approve the governing documents for the Native Hawaiian 
governing entity before federal recognition becomes operative. 
(10 minutes)
    2. Flake: The amendment states that nothing in this Act 
shall relieve a Native Hawaiian governing authority from 
complying with the equal protection clause of the 14th 
amendment to the United States Constitution. (10 minutes)

PART A--TEXT OF THE AMENDMENT IN THE NATURE OF A SUBSTITUTE TO BE MADE 
                                IN ORDER

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Native Hawaiian Government 
Reorganization Act of 2010''.

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 and Native Hawaiian homestead 
        associations, 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 to Native Hawaiians on behalf of the people of 
        the United States 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;
                          (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 of 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 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 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 OF HAWAIIAN RELATIONS.

  (a) Establishment.--There is established within the Office of 
the Secretary the United States Office of 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 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 or 
                        other entity with expertise and 
                        experience in the determination of 
                        Native Hawaiian ancestry and lineal 
                        descendancy.
                  (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 qualified Native Hawaiian 
                        constituents 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 bona fide 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, 
                                        provided that 
                                        membership is voluntary 
                                        and can be 
                                        relinquished;
                                          (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, 
                                        including the rights 
                                        protected under section 
                                        202 of the Indian Civil 
                                        Rights Act of 1968 (25 
                                        U.S.C. 1302);
                                          (dd) the protection 
                                        and preservation of the 
                                        rights vested on the 
                                        date of enactment of 
                                        this Act of those 
                                        Native Hawaiians who 
                                        are eligible to reside 
                                        on the Hawaiian 
                                        homelands under the 
                                        authority of the 
                                        Hawaiian Homes 
                                        Commission Act, 1920 
                                        (42 Stat. 108, chapter 
                                        42); and
                                          (ee) 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.
                                  (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(c)(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 and provide that 
                        membership is voluntary and can be 
                        relinquished;
                          (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, 
                        including the rights protected under 
                        section 202 of the Indian Civil Rights 
                        Act of 1968 (25 U.S.C. 1302);
                          (vii) provide for the protection and 
                        preservation of the rights vested on 
                        the date of enactment of this Act of 
                        those Native Hawaiians who are eligible 
                        to reside on the Hawaiian homelands 
                        under the authority of the Hawaiian 
                        Homes Commission Act, 1920 (42 Stat. 
                        108, chapter 42); and
                          (viii) 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; GOVERNMENTAL AUTHORITY AND POWER; 
                    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) Governmental Authority and Power.--
          (1) In general.--Consistent with the policies of the 
        United States set forth in section 4(a)(4), 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 this Act. Said powers and privileges may be 
        modified by agreement between the Native Hawaiian 
        governing entity, the United States, and the State of 
        Hawaii pursuant to the negotiations authorized in 
        subsection (c)(1), and subject to the enactment of 
        implementing legislation and to the limit described by 
        section 10(a).
          (2) 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. The Native 
        Hawaiian governing entity must provide that membership 
        in the Native Hawaiian governing entity is voluntary 
        and can be relinquished.
  (c) 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 the authority to tax and 
                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) During the period between the reaffirmation of 
        the special political and legal relationship between 
        the United States and the Native Hawaiian governing 
        entity, and the subsequent enactment of legislation to 
        implement the agreement or agreements negotiated under 
        paragraph (1):
                  (A) There shall be no Indian country within 
                the State of Hawaii.
                  (B) The United States shall not take land in 
                trust for the benefit of the Native Hawaiian 
                governing entity or for the benefit of members 
                of the Native Hawaiian governing entity.
                  (C) The United States shall not restrict the 
                alienability of land owned by the Native 
                Hawaiian governing entity.
                  (D) Members of the Native Hawaiian governing 
                entity shall continue to be subject to the 
                civil and criminal jurisdiction of Federal and 
                State courts.
                  (E) Nothing in this Act alters or preempts 
                the existing legislative, regulatory, or 
                taxation authority of the State of Hawaii over 
                individuals who are members of the Native 
                Hawaiian governing entity or over property 
                owned by those individuals.
                  (F) The Native Hawaiian governing entity 
                shall not exercise criminal, civil, 
                adjudicative, legislative, regulatory, or 
                taxation authority or jurisdiction over 
                individuals who are not members of the Native 
                Hawaiian governing entity without their express 
                consent.
                  (G) The Native Hawaiian governing entity 
                shall not exercise criminal, civil, 
                adjudicative, legislative, regulatory, or 
                taxation authority or jurisdiction over 
                corporations or other associations or entities 
                that are owned wholly or in majority part by 
                persons who are not members of the Native 
                Hawaiian governing entity without their express 
                consent.
                  (H) The Native Hawaiian governing entity 
                shall be immune from any lawsuit in any Federal 
                or State court, with the exception described in 
                section 10(c)(3) and the exceptions set forth 
                in clauses (i) through (iii) of this 
                subparagraph.
                          (i) The Native Hawaiian governing 
                        entity may waive its sovereign 
                        immunity, provided that it does so 
                        clearly and unequivocally.
                          (ii) The Native Hawaiian governing 
                        entity shall not be immune from any 
                        lawsuit brought by the United States in 
                        any Federal court.
                          (iii) Real property owned in fee 
                        simple by the Native Hawaiian governing 
                        entity shall not be immune from any in 
                        rem action filed by the State of 
                        Hawaii.
                  (I) Governmental, nonbusiness, noncommercial 
                activities undertaken by the Native Hawaiian 
                governing entity, or by a corporation or other 
                association or entity wholly owned by the 
                Native Hawaiian governing entity, shall not be 
                subject to the regulatory or taxation authority 
                of the State of Hawaii, provided that nothing 
                in this subparagraph shall exempt any natural 
                person (except an officer or employee of the 
                Native Hawaiian governing entity, acting within 
                the scope of his or her authority), from the 
                regulatory, taxation, or other authority of the 
                State of Hawaii. In determining whether an 
                activity is covered by this subparagraph, due 
                consideration shall be given to the constraints 
                described in subparagraphs (A), (F), and (G).
                  (J) Commercial or business activities 
                undertaken by the Native Hawaiian governing 
                entity, or by a corporation or other 
                association or entity owned, operated, or 
                sponsored by the Native Hawaiian governing 
                entity, shall be subject to the regulatory and 
                taxation authority of the State of Hawaii to 
                the same extent as commercial or business 
                activities undertaken by others.
                  (K) Subject to subparagraph (I), activities 
                conducted on real property owned by, leased by, 
                or subject to the control of the Native 
                Hawaiian governing entity shall be subject to 
                the regulatory and taxation authority of the 
                State of Hawaii to the same extent as 
                activities conducted on real property owned by, 
                leased by, or subject to the control of others.
                  (L) Subject to subparagraph (O), real 
                property owned by, leased by, or subject to the 
                control of the Native Hawaiian governing 
                entity, and development of such property, shall 
                be subject to the regulatory and taxation 
                authority of the State of Hawaii to the same 
                extent as real property owned by, leased by, or 
                subject to the control of others.
                  (M) Any commercial or business corporation or 
                other commercial or business association or 
                entity owned, operated, or sponsored by the 
                Native Hawaiian governing entity shall be 
                subject to the regulatory and taxation 
                authority of the State of Hawaii to the same 
                extent as commercial and business corporations 
                and other commercial and business associations 
                and entities owned, operated, or sponsored by 
                others.
                  (N) Any specific power, authority, or 
                restriction set forth in this paragraph shall 
                expire upon enactment of legislation that 
                implements an agreement or agreements 
                negotiated under paragraph (1) and that 
                expressly replaces or alters such power, 
                authority, or restriction.
                  (O) Nothing in this paragraph diminishes any 
                right or immunity (including any immunity from 
                State or local taxation) granted to Native 
                Hawaiians or their property by the Hawaiian 
                Homes Commission Act, 1920 (42 Stat. 108, 
                chapter 42), 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), or sections 
                10001 through 10004 of the Department of 
                Defense Appropriations Act, 1994 (sections 
                10001 through 1004 of Public Law 103-139; 107 
                Stat. 1418, 1480 (1993)).
          (4) Nothing in paragraph (3) should be interpreted as 
        establishing any presumption about the powers or 
        authorities that could properly be exercised by the 
        United States, the State of Hawaii, or the Native 
        Hawaiian governing entity after further legislation, 
        including legislation enacted to implement any 
        agreement negotiated under this subsection.
  (d) 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 Federal 
        or State claim or cause of action against the United 
        States or its officers or the State of Hawaii or its 
        officers or any other person or entity, or any defense 
        (including the defense of statute of limitations) to 
        any such claim or cause of action, except in the case 
        of claims or causes of action challenging the 
        constitutionality or legality of programs benefitting 
        Native Hawaiians to the extent that this Act creates or 
        enlarges any defense to any such claim or cause of 
        action;
          (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; or
          (4) alters the sovereign immunity of the United 
        States or of the State of Hawaii.

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.
          (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 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.--Subject to 
        paragraph (3), 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.
          (3) Indian civil rights act of 1968.--The Council and 
        the Native Hawaiian governing entity shall be subject 
        to sections 201 through 203 of the Indian Civil Rights 
        Act of 1968 (25 U.S.C. 1301-1303). Nothing in such Act, 
        and nothing in this paragraph, shall be interpreted to 
        expand the powers and authorities of the Council or the 
        Native Hawaiian governing entity that are described 
        elsewhere in this Act.
  (d) 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.

  PART B--TEXT OF THE AMENDMENTS TO THE AMENDMENT IN THE NATURE OF A 
                SUBSTITUTE IN PART A TO BE MADE IN ORDER


1. An Amendment To Be Offered by Representative Hastings of Washington, 
               or His Designee, Debatable for 10 Minutes

  Strike subparagraphs (A) and (B) of section 8(c)(8), and 
insert the following:

                  (A) the approval of the organic governing 
                documents by a statewide popular vote in which 
                all registered voters in the State of Hawaii 
                are eligible to participate;
                  (B) the approval of the organic governing 
                documents by the Secretary under subparagraph 
                (A) or (C) of paragraph (4); and
                  (C) the officers of the Native Hawaiian 
                governing entity elected under paragraph (5) 
                have been installed.
                              ----------                              


 2. An Amendment To Be Offered by Representative Flake of Arizona, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC.      APPLICATION OF 14TH AMENDMENT.

  Nothing in the Act shall relieve a Native Hawaiian governing 
authority from complying with the equal protection clause of 
the 14th amendment to the United States Constitution.

                                  
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