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106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-897

======================================================================



 
TO EXPRESS THE POLICY OF THE UNITED STATES REGARDING THE UNITED STATES 
       RELATIONSHIP WITH NATIVE HAWAIIANS, AND FOR OTHER PURPOSES

                                _______
                                

 September 26, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4904]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred 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, having considered the same, report 
favorably thereon with amendments and recommend that the bill 
as amended do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

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 treatymaking 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 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, 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 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 Commission 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 Department 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--
          (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 of the Department of the Interior 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 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 primary 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 adult members of the Native Hawaiian community who wish to 
        become citizens of a Native Hawaiian government and who are--
                  (A) 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
                  (B) 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.
          (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).
                                  (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 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.
                  (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) Publication of final roll.--The Commission shall publish 
        a 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.
                          (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.--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 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.
          (2) Federal recognition.--
                  (A) Recognition.--Notwithstanding any other provision 
                of law, upon the certifications (or deemed 
                certifications) by the Secretary authorized in 
                subparagraph (B), 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 sections 4, 6, and 7 of 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.

  Amend the title 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.

                                purpose

    The purpose of H.R. 4904 is to express the policy of the 
United States regarding the United States relationship with 
Native Hawaiians, and for other purposes.

                  background and need for legislation

    On January 17, 1893, with the assistance of the United 
States Minister and U.S. marines, the government of the Kingdom 
of Hawaii was overthrown. 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.
    In December 1999, the Departments of Interior and Justice 
initiated a process of reconciliation in response to the 
Apology Resolution by conducting meetings in Native Hawaiian 
communities on each of the principal islands in the State of 
Hawaii and culminating in two days of open hearings. In each 
setting, members of the Native Hawaiian community identified 
what they believe are the necessary elements of a process to 
provide for the reconciliation of the relationship between the 
United States and the Native Hawaiian people. A draft report, 
entitled ``From Mauka to Makai: The River of Justice Must Flow 
Freely'', was issued by the two departments on August 23, 2000. 
A 30-day comment period on the report expired on September 23, 
2000. The principal recommendation contained in the draft 
report is set forth below:

          Recommendation 1. It is evident from the 
        documentation, statements, and views received during 
        the reconciliation process undertaken by Interior and 
        Justice pursuant to Public Law 103-150 (1993), that the 
        Native Hawaiian people continue to maintain a distinct 
        community and certain governmental structures and they 
        desire to increase their control over their own affairs 
        and institutions. As a matter of justice and equity, 
        this report recommends that the Native Hawaiian people 
        should have self-determination over their own affairs 
        within the framework of Federal law, as do Native 
        American tribes. For generations, the United States has 
        recognized the rights and promoted the welfare of 
        Native Hawaiians as an indigenous people within our 
        Nation through legislation, administrative action, and 
        policy statements. To safeguard and enhance Native 
        Hawaiian self-determination over their lands, cultural 
        resources, and internal affairs, the Departments 
        believe Congress should enact further legislation to 
        clarify Native Hawaiians' political status and to 
        create a framework for recognizing a government-to-
        government relationship with a representative Native 
        Hawaiian governing body.

    H.R. 4904 provides a process for the reorganization of a 
Native Hawaiian government. After certification by the 
Secretary of the Interior that the organic governing documents 
of the Native Hawaiian government are consistent with federal 
law and the trust relationship between the United States and 
the indigenous, native people of the United States, H.R. 4904 
provides for the recognition of the Native Hawaiian government 
by the United States for purposes of carrying on a government-
to-government relationship with the Native Hawaiian government.
    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 quasi-sovereign 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 admission into the Union of 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 new State assumes a trust 
responsibility for approximately 203,500 acres of land that had 
previously been set aside under federal law in 1921 for Native 
Hawaiians in the Hawaiian Homes Commission Act.
    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.
    The nine Native Hawaiian trustees of the Office of Hawaiian 
Affairs have subsequently resigned their positions, and the 
Governor of the State of Hawaii has appointed interim trustees 
to fill the positions vacated by the Native Hawaiian trustees, 
until new trustees can be elected in elections scheduled to be 
held on November 7, 2000. By order of the U.S. District Court 
for the District of Hawaii, the candidates for the Office of 
Hawaiian Affairs trustees may be either Native Hawaiian or non-
Native Hawaiian, and all citizens of the State of Hawaii may 
vote for the 97 candidates that have registered to run for the 
nine trustee positions.
    The native people of Hawaii have thus 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 findings of H.R. 4904 focus on the history of Native 
Hawaiians and United States policy asit relates to Native 
Hawaiians, including the enactment of over 160 public laws to address 
the conditions of Native Hawaiians. H.R. 4904 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.
    The bill authorizes a roll to be developed of those Native 
Hawaiians who wish to participate in the reorganization of a 
Native Hawaiian government. A commission appointed by the 
Secretary of the Interior would certify that those on the roll 
meet the definition of ``Native Hawaiian'' that is contained in 
H.R. 4904. Upon the commission's certification, the commission 
submits the roll to the Interior Secretary for his 
certification that the roll is consistent with federal law, and 
thereafter the Secretary is authorized to publish the final 
roll. A process for appeal for anyone who believes that they 
have been wrongfully excluded from the roll, or to challenge 
the inclusion of the name of a person on the roll who does not 
meet the definition of Native Hawaiian, is also authorized.
    H.R. 4904 authorizes the formation of a Native Hawaiian 
Interim Governing Council through the election of 
representatives by the adult members listed on the roll. The 
first responsibility of the Council is to conduct a referendum 
of all adult members listed on the roll to determine the 
elements of organic governing documents for the Native Hawaiian 
government. Thereafter, the Council is authorized to develop 
organic governing documents that would be subject to 
ratification through an election in which the adult members 
listed on the roll would vote. Once the organic governing 
documents are ratified, an election of officers to the Native 
Hawaiian government would be held. That election and those who 
would be eligible to participate in such an election are to be 
determined by the organic governing documents.
    Upon the ratification of the organic governing documents 
and the election of officers to the Native Hawaiian government, 
the governing documents are to be submitted to the Secretary of 
the Interior for certification that they are consistent with 
federal law and the special trust relationship between the 
United States and native people. The Secretary is also 
authorized to certify that the governing documents provide for 
the protection of the civil rights of the citizens of the 
Native Hawaiian government and any others who would come within 
the jurisdiction of the government. Once the Secretary has made 
this certification, the bill provides authority for the United 
States' recognition of the Native Hawaiian government. Upon 
recognition, the definition of ``Native Hawaiian'' for purposes 
of federal law would be as provided for in the organic 
governing documents of the Native Hawaiian government.
    H.R. 4904 also provides authority for the establishment of 
a United States Office of Native Hawaiian Affairs within the 
Office of the Secretary of the U.S. Department of the Interior. 
The Office is to be the principal entity through which the 
United States will carry on relations with the Native Hawaiian 
people until a Native Hawaiian government is formed. The Office 
is authorized to enter into contracts or make grants to 
facilitate the development of the roll referenced above and to 
assist in the elections that would be conducted by the Native 
Hawaiian Interim Governing Council, if the Office is called 
upon to provide such assistance. The Office would also serve as 
the primary agent of ongoing efforts to effect the 
reconciliation that is authorized in the Apology Resolution. 
Together with the Office of Tribal Justice in the U.S. 
Department of Justice, the two offices would serve as lead 
agencies for the work of a Native Hawaiian Interagency Task 
Force that is authorized to be established in H.R. 4904.
    As referenced above, since 1910, the Congress has enacted 
over 160 statutes designed to address the conditions of Native 
Hawaiians. Appropriations for Native Hawaiian programs have 
always been separately secured and have had no impact on 
program funding for American Indians or Alaska Natives. 
Consistent with this practice, H.R. 4904 provides authority for 
a separate and distinct appropriation that does not impact in 
any way on existing authorizations for American Indian and 
Alaska Native programs. It is also important to note that 
federal programs addressing health care, education, job 
training, graves protection, arts and culture, and language 
preservation for Native Hawaiians are already in place. 
Accordingly, new impacts on the federal budget that might 
otherwise be anticipated with the federal recognition of a 
native government will not be forthcoming as a result of the 
reorganization of the Native Hawaiian government. H.R. 4904 
does authorize appropriations for the establishment of the U.S. 
Office of Native Hawaiian Affairs within the Department of the 
Interior, and for a three-year period for grants to assist 
Native Hawaiians in reorganizing a Native Hawaiian government, 
but the costs associated with these activities are not expected 
to be significant.
    Some have questioned whether the reorganization of a Native 
Hawaiian government might have implications for gaming that is 
conducted under the authority of the Indian Gaming Regulatory 
Act. That Act authorizes Indian tribal governments to conduct 
gaming on Indian reservations and lands held in trust by the 
United States for Indian tribes. The scope of gaming that can 
be conducted under the Act is determined by the law of the 
State in which the Indian lands are located. The U.S. Supreme 
Court has held that State laws which criminally prohibit 
certain forms of gaming apply on Indian lands. 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 is Utah) that criminally prohibit all 
forms of gaming. Accordingly, a reorganized Native Hawaiian 
government could not conduct any form of gaming in the State of 
Hawaii.

                      section-by-section analysis

Section 1. Findings

    This section sets forth the Congress' findings. They 
reflect Congress' recognition of Native Hawaiians as the native 
people of the United States and the State of Hawaii, Congress' 
determination of the need to address conditions of Native 
Hawaiians through the Hawaiian Homes Commission Act of 1920, 
Congress' establishment of the Ceded Lands trust as a condition 
of statehood for the State of Hawaii, the importance of the 
Hawaiian Home Lands and Ceded Lands to Native Hawaiians as a 
foundation for the Native Hawaiian community for the survival 
of the Native Hawaiian people, the effect of the Apology 
Resolution, the Native Hawaiian community as a ``distinctly'' 
native community, the legal position of the United States 
before the U.S. Supreme Court in the case of Rice v. Cayetano, 
and reaffirm the special trust relationship between the Native 
Hawaiian people and the United States.

Section 2. Definitions

    This section sets forth definitions of terms used in the 
bill. Defined terms are Aboriginal, Indigenous, Native People; 
Adult Members; Apology Resolution; Ceded Lands; Commission; 
Indigenous, Native People; Native Hawaiian; Native Hawaiian 
Government; Native Hawaiian Interim Governing Council; Roll; 
Secretary; and Task Force.
    It is the intent of the Committee that the definition of 
Native Hawaiian, for the purposes of membership in the 
government, be determined by Native Hawaiians. The Committee 
recognizes the longstanding issues surrounding the definition 
of ``Native Hawaiian'' and acknowledges the Native Hawaiian 
community's desire to address the definition of Native 
Hawaiian. The legislation provides for this flexibility by 
first identifying those Native Hawaiians eligible to 
participate in the reorganization of the Native Hawaiian 
government. The legislation further provides that once the 
Native Hawaiian government addresses this issue in its organic 
governing documents, that the definition established by the 
Native Hawaiian government will serve as the definition of 
Native Hawaiian for purposes of this federal law.
    Moreover, it is the intent of the Committee that the roll 
be used for the purposes of identifying those individuals who 
meet the definition of Native Hawaiian as defined in section 
7(a)(1) to participate in the reorganization of the Native 
Hawaiian government. Once the roll has been established, the 
members on the roll have the flexibility to retain the roll 
should they determine it necessary for additional purposes.

Section 3. United States policy and purpose

    This section reaffirms that Native Hawaiians are an 
aboriginal, indigenous, native people with whom the United 
States has a trust relationship. It also affirms that Native 
Hawaiians have the right to self-determination and that it is 
Congress' intent to provide a process for the reorganization of 
a Native Hawaiian government and for federal recognition of the 
Native Hawaiian government for purposes of continuing a 
government-to-government relationship.

Section 4. Establishment of the United States Office for Native 
        Hawaiian Affairs

    This provision provides authority for the establishment of 
the United States Office for Native Hawaiian Affairs within the 
Office of the Secretary of the Department of Interior. This 
Office is charged with: (1) effectuating and coordinating the 
special trust relationship between the Native Hawaiian people 
and the United States; (2) conducting meaningful, regular, and 
appropriate consultation with the Native Hawaiian people 
regarding any action that may affect traditional or current 
practices and matters that significantly or uniquely impact 
Native Hawaiian resources, rights, or lands; (3) consulting 
with the Native Hawaiian Interagency Task Force, other federal 
agencies, and with the State of Hawaii on policies, practices, 
and proposed actions affecting Native Hawaiian resources, 
rights, or lands; (4) preparing and submitting to the Senate 
Committee on Indian Affairs, Senate Committee on Energy and 
Natural Resources, and House Committee on Resources an annual 
report detailing the Interagency Task Force's activities 
regarding the reconciliation process, consultation with the 
Native Hawaiian people, and recommendations of necessary 
changes to existing federal statutes; (5) continuing the 
process of reconciliation with the Native Hawaiian people; and 
(6) assisting the Native Hawaiian people in facilitating a 
process for self-determination, the organization of a Native 
Hawaiian Interim Governing Council, and recognition of the 
Native Hawaiian government. Once the Native Hawaiian government 
is formed, the Office will conduct all the activities involving 
the Native Hawaiian people with the Native Hawaiian government, 
rather than individual Native Hawaiians.
    The Office is also authorized to enter into contracts and 
grants for the purposes of the activities authorized in section 
7 for a period of three years.
    It is the intent of the Committee that the United States 
Office for Native Hawaiian Affairs serve as a liaison between 
the Native Hawaiian people and the United States for the 
purposes of assisting with the reorganization of the Native 
Hawaiian government, continuing the reconciliation process, and 
ensuring proper consultation with the Native Hawaiian people 
for any federal policy impacting Native Hawaiians. The 
Committee does not intend for the United States Office for 
Native Hawaiian Affairs to assume the responsibility or 
authority for any of the federal programs established to 
address the conditions of Native Hawaiians. All federal 
programs established and administered by federal agencies will 
remain with those agencies.

Section 5. Designation of Department of Justice representative

    This section requires the United States Attorney General to 
designate an appropriate official within the Department of 
Justice to assist the U.S. Office of Native Hawaiian Affairs in 
implementing and protecting the rights of Native Hawaiians and 
their political, legal, and trust relationship with the United 
States and, upon recognition of the Native Hawaiian government, 
the rights of the Native Hawaiian government and its political, 
legal, and trust relationship with the United States.

Section 6. Native Hawaiian interagency task force

    This section authorizes the establishment of an Interagency 
Task Force composed of officials from each federal agency, to 
be designated by the President, a representative from the U.S. 
Office of Native Hawaiian Affairs, and a representative from 
the Executive Office of the President. The Departments of 
Justice and Interior will serve as the lead agencies of the 
Task Force, and the Attorney General's designee and the head of 
the U.S. Office of Native Hawaiian Affairs will serve as co-
chairs. The primary responsibility of the Task Force is to 
coordinate federal policies or acts that affect Native 
Hawaiians or impact Native Hawaiian resources, rights, or 
lands. The Task Force is also charged with assuring that each 
federal agency develop a Native Hawaiian consultation policy 
and participate in the development of the report to Congress.

Section 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

    Subsection (a) authorizes the U.S. Office of Native 
Hawaiian Affairs to 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 organizing a Native Hawaiian Interim 
Governing Council. The roll shall include the names of the 
adult members of the Native Hawaiian community who wish to 
voluntarily become citizens of a Native Hawaiian government and 
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 all Native Hawaiians who were eligible in 1921 for 
the programs authorized by the Hawaiian Homes Commission Act 
and their lineal descendants. The roll may also include the 
names of the children of the adult members who wish to 
participate in the reorganization of a Native Hawaiian 
government. Participation in the reorganization of the 
government, however, is limited to the adult members listed on 
the roll.
    A nine-member Commission is authorized to be established. 
The Commission is to be made up of Native Hawaiians appointed 
by the Secretary. In appointing members of the Commission, the 
Secretary may choose such members from among five suggested 
candidates submitted by the Majority and Minority Leaders of 
the Senate and four suggested candidates submitted by the 
Speaker of the House of Representatives and the Minority Leader 
of the House of Representatives. The Secretary may appoint 
members who are not on either list submitted by the Senate or 
the House of Representatives. Any vacancy on the Commission 
shall not affect its powers and shall be filled in the same 
manner as the original appointment.
    The Commission is charged with certifying that the adult 
members of the Native Hawaiian community who wish to be listed 
on the roll and participate in the organization of the Native 
Hawaiian Interim Governing Council (Council) meet the 
definition of ``Native Hawaiian'' as established in this bill.
    It is the intent of the Committee that the determination of 
who is a Native Hawaiian be resolved by Native Hawaiians. To 
ensure that the Native Hawaiian people have authority over the 
accuracy of establishing the roll for the purposes of 
determining who shall participate in the reorganization of the 
Native Hawaiian government, the bill establishes a 
Certification Commission. The sole responsibility of the 
Certification Commission is to certify that those members on 
the roll meet the definition of Native Hawaiian in section 
7(a)(1).
    The Secretary shall certify that the roll is consistent 
with applicable federal law. If the Secretary fails to certify 
the roll within 90 days, the roll shall be deemed certified by 
the Secretary and the Commission shall publish the final roll. 
The Secretary is also authorized to establish an appeal 
mechanism to address the exclusion of the name of a person who 
meets the definition of Native Hawaiian or to address 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.
    After certifying that the roll is consistent with 
applicable federal law, the Secretary shall publish the final 
roll. The roll may be published even though appeals are 
pending, however; the Secretary must update the final roll upon 
final disposition of any appeal. The final roll shall serve as 
the basis for the eligibility of adult members to participate 
in all referenda and elections associated with the organization 
of the Council and the Native Hawaiian government.
    Subsection (b) recognizes the right of Native Hawaiians to 
organize for their common welfare and to adopt appropriate 
organic governing documents.
    Subsection (c) authorizes the adult members of the roll to 
develop the criteria for candidates and the structure of the 
Council. The Committee intends for the adult members of the 
roll to determine how the Native Hawaiian Interim Governing 
Council should be structured. The Committee anticipates that 
the adult members may consider a number of methods of 
representation which could include representation by island, 
district, ahupua` a, family, or any other form.
    Upon request of the adult members listed on the roll, the 
U.S. Office of Native Hawaiian Affairs is authorized to provide 
assistance in the conduct of an election by secret ballot to 
elect the membership of the Council. This provision is intended 
to allow the adult members the flexibility to hold the election 
themselves or to request the assistance of the U.S. Office of 
Native Hawaiian Affairs.
    The Council is authorized to represent those on the roll in 
implementing the bill and is to have no power other than those 
authorized by H.R. 4904. The Council is authorized to enter 
into contracts or grants to carry out its activities, to assist 
in the conduct of a referendum on the Native Hawaiian 
government's form, powers, and the proposed organic governing 
documents. Thereafter, the Council is authorized to conduct an 
election for the purpose of ratifying the organic governing 
documents and, upon ratification of the organic governing 
documents, to elect the Native Hawaiian government officers.
    Under subsection (d), the duly elected officers of the 
Native Hawaiian government shall submit the organic governing 
documents to the Secretary for certification that the organic 
governing documents were adopted by a majority vote of those 
eligible to vote; are consistent with applicable federal law 
and the special trust relationship between the United States 
and Native Hawaiians; 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; provides for the protection of the civil 
rights of the citizens of the Native Hawaiian government and 
those subject to the authority of the Native Hawaiian 
government; prevents 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; sets forth the citizenship criteria 
of the Native Hawaiian government; and authorizes the Native 
Hawaiian government to negotiate with federal, State, and local 
governments. The organic governing documents will be deemed 
certified if the Secretary fails to certify them within 90 days 
of the date the Native Hawaiian government submitted the 
documents.
    If the Secretary determines that any provision of the 
organic governing documents does not comply with applicable 
federal law, the Secretary shall return the organic governing 
documents to the Native Hawaiian government identifying each 
provision that is inconsistent with applicable federal law and 
providing a justification for each finding that a provision is 
inconsistent with applicable federal law.The Native Hawaiian 
government is authorized to amend the organic governing documents to 
assure their compliance with applicable federal law. After the organic 
governing documents are amended, the Native Hawaiian government may 
resubmit the organic governing documents to the Secretary for 
certification.

Section 8. Authorization of appropriations

    This section authorizes the appropriation of such sums as 
may be necessary to carry out the activities authorized.

Section 9. Reaffirmation of delegation of federal authority; 
        negotiations

    This section reaffirms the United States' delegation of 
authority to the State of Hawaii in the Admissions Act to 
address the conditions of Native Hawaiians. Upon federal 
recognition of the Native Hawaiian government, the United 
States is authorized to negotiate with the State of Hawaii and 
the Native Hawaiian government regarding the transfer to the 
Native Hawaiian government of lands, resources and assets 
dedicated to Native Hawaiian use under existing law.

Section 10. Disclaimer

    This section provides that nothing in this bill is intended 
to serve as a settlement of any claims against the United 
States, or affects the rights of the Native Hawaiian people 
under international law.

Section 11. Regulations

    This section authorizes the Secretary of the Interior to 
make such rules and regulations and to delegate such authority, 
as the Secretary deems necessary.

Section 12. Severability clause

    This section provides that should any section or provision 
of this bill be deemed invalid, the remaining sections, 
provisions, and amendments shall continue in full force and 
effect.

                            COMMITTEE ACTION

    Congressman Neil Abercrombie (D-HI) introduced H.R. 4904 on 
July 20, 2000, and the bill was referred to the Committee on 
Resources. A companion measure, S. 2899, was introduced in the 
Senate on July 20, 2000, by Senators Daniel K. Akaka (D-HI) and 
Daniel K. Inouye (D-HI). Five days of hearings were held on 
H.R. 4904 and S. 2899 in joint hearings of the House Resources 
Committee and the Senate Indian Affairs Committee in Hawaii 
from Monday, August 28, 2000, through Friday, September 1, 
2000. On September 20, 2000, the Full Resources Committee met 
to consider the bill. Congressman Abercrombie offered an 
amendment in the nature of a substitute, which was adopted by 
voice vote. The bill was then ordered favorably reported to the 
House of Representatives by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule x and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                  FEDERAL ADVISORY COMMITTEE STATEMENT

    The functions of the proposed advisory committee authorized 
in this bill are not currently being nor could they be 
performed by one or more agencies, an advisory committee 
already in existence or by enlarging the mandate of an existing 
advisory committee.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 25, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4904, 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.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Lanette J. 
Keith (for federal costs) and Marjorie Miller (for the impact 
on state, local, and tribal government).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 4904--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

    H.R. 4904 would establish a process for a Native Hawaiian 
government to be constituted and recognized by the federal 
government. CBO estimates that implementing H.R. 4904 would 
cost $5 million over the 2001-2003 period, assuming the 
appropriation of the necessary amounts. The bill would not 
affect direct spending or receipts, so pay-as-you-go procedures 
would not apply. H.R. 4904 contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act and would impose no costs on state, local, or tribal 
governments. Enactment of this legislation could lead to the 
creation of a new government to represent native Hawaiians. The 
transfer of any lands or other assets to this new government, 
including lands now controlled by the state of Hawaii, would be 
the subject of future negotiations. Similarly, federal payments 
to native Hawaiians following recognition of a New Hawaiian 
government would depend on future legislation.
    The bill would establish the United States Office for 
Native Hawaiian Affairs within the Department of the Interior 
(DOI) to coordinate services to native Hawaiians, as defined in 
the bill. The bill would authorize the office to assist in 
developing a list of individuals who meet the definition. Based 
on information from DOI, CBO estimates that this work would 
cost $2 million over the 2001-2003 period. In addition, the 
bill would establish a commission to verify that those listed 
meet the bill's criteria for native Hawaiians. Based on 
information from DOI, we estimate that commission costs would 
total about $1 million each year over the three-year period.
    On September 25, 2000, CBO transmitted a cost estimate for 
S. 2899, as ordered reported by the Senate Committee on Indian 
Affairs on September 14, 2000. These two bills are identical, 
as are our cost estimates.
    The CBO staff contacts are Lanette J. Keith (for federal 
costs) and Marjorie Miller (for the impact on state, local, and 
tribal governments). This estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.