[House Report 106-897]
[From the U.S. Government Publishing Office]
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.