Text of S.147, As Amended on March 9, 2005 -- the “Native Hawaiian Government Reorganization” bill, introduced in both Senate and House on January 25, 2005, As Amended by the Senate Indian Affairs Committee on March 9, 2005



On January 25, 2005 the “Native Hawaiian Government Reorganization” bill was introduced in both the Senate and the House. Its bill numbers are S.147 and H.R.309. Both the Senate and the House bills had identical content on January 25.

On March 9, 2005 the Senate Select Committee on Indian Affairs held a business meeting. During a ten-minute portion of that meeting the bill was amended by the committee to clarify that Native Hawaiians cannot automatically receive benefits from the programs operated through the Bureau of Indian Affairs for Indians and Indian tribes (Native Hawaiian benefit programs are included by specific reference in legislation to provide specific benefits to Indian tribes). The amendment is intended to ensure that the 401,000 Native Hawaiians (self-identified in Census 2000) will not be competing against already-established Indian tribes for a limited pool of money for tribal benefits.

Below is the complete text of S.147 as amended by the Indian Affairs Committee on March 9, 2005. The first half of the actual “amendment” consisted of the entire content of the original bill being struck out. The bottom half then contained the new contents. For the sake of easy readability, the struck-out portion has been deleted from what appears below.

A lengthy “report” was also sent to the Senate floor on May 16, 2005 to accompany the bill. The complete text of that report can be seen at:
https://www.angelfire.com/hi5/bigfiles2/Akaka109S147Report051605.html

The official text of the amended bill was not published on the Library of Congress website until May 20, 2005 -- ten weeks after it was amended. That lengthy delay seems extraordinary. Perhaps it took that long for the Indian Affairs Committee staffers to write the report; or perhaps there were disagreements among committee members regarding the precise language of the amended bill and the contents of the report.


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S 147 RS

Calendar No. 101

109th CONGRESS

1st Session

S. 147

[Report No. 109-68]

To express the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity.

IN THE SENATE OF THE UNITED STATES

January 25, 2005

Mr. AKAKA (for himself, Mr. INOUYE, Mr. SMITH, Ms. CANTWELL, Ms. MURKOWSKI, Mr. COLEMAN, Mr. DORGAN, Mr. STEVENS, and Mr. GRAHAM) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

May 16, 2005

Reported by Mr. MCCAIN, with an amendment

SECTION 1. SHORT TITLE.

SEC. 2. FINDINGS.

SEC. 3. DEFINITIONS.

SEC. 4. UNITED STATES POLICY AND PURPOSE.

SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RELATIONS.

SEC. 6. NATIVE HAWAIIAN INTERAGENCY COORDINATING GROUP.

SEC. 7. PROCESS FOR THE REORGANIZATION OF THE NATIVE HAWAIIAN GOVERNING ENTITY AND THE REAFFIRMATION OF THE POLITICAL AND LEGAL RELATIONSHIP BETWEEN THE UNITED STATES AND THE NATIVE HAWAIIAN GOVERNING ENTITY.

(aa) the proposed criteria for citizenship of the Native Hawaiian governing entity;

(bb) the proposed powers and authorities to be exercised by the Native Hawaiian governing entity, as well as the proposed privileges and immunities of the Native Hawaiian governing entity;

(cc) the proposed civil rights and protection of the rights of the citizens of the Native Hawaiian governing entity and all persons affected by the exercise of governmental powers and authorities of the Native Hawaiian governing entity; and

(dd) other issues determined appropriate by the Council.

(aa) a copy of the proposed organic governing documents, as drafted by the Council; and

(bb) a brief impartial description of the proposed organic governing documents;

SEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY; NEGOTIATIONS; CLAIMS.

SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS.

SEC. 10. SEVERABILITY.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

Calendar No. 101

109th CONGRESS

1st Session

S. 147

[Report No. 109-68]

A BILL

To express the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity.


May 16, 2005

Reported with an amendment

END


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