On May 14, 2003 the Senate Select Committee on Indian Affairs held a “markup” meeting for S.344. Substantial changes were made in the language of the bill. It was reported that only ten minutes were spent discussing this bill, and the substitution of new language was unanimously approved on a voice vote by all three Senators who were present: Dan Akaka (D., HI), Dan Inouye (D.,HI) and chairman Ben Nighthorse Campbell (R., CO). The bill was “ordered to be reported with an amendment in the nature of a substitute favorably,” and now goes to the floor of the Senate.
The new version of S.344 can be seen at:
https://www.angelfire.com/hi2/hawaiiansovereignty/AkakaS344Revised051403.html
One major change is that the new version seems to incorporate the kind of detailed step-by-step procedure for recognition originally found in S.2899 of the 106th Congress (Fall 2000) and S.81 of the 107th Congress (January 2001) -- language that was later abandoned when S.746 was introduced in the 107th Congress (April, 2001). Another major change is the incorporation of the new Section 10 “Ethics” which made its first appearance as Section 9 of the abortive S.1783 introduced on December 7, 2001 immediately following the defeat of Senator Inouye’s extreme stealth maneuver for S.746. This “Ethics” section, also dubbed the Dawson/Hee provision, is an explicit license for nepotism and corruption. See:
https://www.angelfire.com/hi2/hawaiiansovereignty/AkakaNepotismCorruption.html
Below is a very helpful comparison between the language of S.344 as introduced on February 11, 2003 and the revised language as approved on May 14, 2003. This multicolored comparison was circulated on the internet a few days after May 14, at a time when the actual revised language was not yet available electronically from the “Thomas” website of the Library of Congress. The comparison was apparently created by typing into a computer from a printed hardcopy; thus, it might contain errors. But the contents seem essentially correct, and the comparisons are very clear and important.
Unchanged language contained in both the February 11 and May 14 versions is in black; new language in the May 14 version is in red italics; and language deleted from the February 11 version is bold blue. Thus the old version is black and blue (ignore red), while the new version is black and red (ignore blue). The easy visibility of deletions and additions facilitates speculation about the motives of the bill’s authors.
A BILL
Expressing 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, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1: Short title:
This Act may be cited as the Native Hawaiian Recognition Act of 2003
finds that-
Congress finds that- 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 political and legal responsibility to promote the welfare of the native people of the United States, including Native Hawaiians;.
(4) Under the treaty making power of the United States, Congress exercised its constitutional authority to confirm a treaty treaties between the United States and the government that represented the Hawaiian people kingdom of Hawaii, and from 1826 until 1893, the United States-
(A) recognized the independence of the Kingdom of Hawaii;,
(B)extended accorded full diplomatic recognition to the Hawaiian Government Kingdom of Hawaii and ;,
(C)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) (A)In 1959, as part of the compact admitting Hawaii into the United States Union, Congress established a public trust (commonly known as " the Ceded Lands Trust") for 5 purposes, 1 of which is the betterment of the conditions of Native Hawaiians.;
(B) Such the trust consists of lands, including ( submerged lands), natural resources,and the revenues derived from such the lands,and
(C) the assets of which this public trust have never been completely inventoried or segregated.;
(9) Throughout the years, Native Hawaiians have repeatedly sought access to the Cceded Llands 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 other Cceded Llands 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,and economic self sufficiency 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-
(A) to acknowledge the ramifications of the overthrow of the Kingdom of Hawaii;
(B) to support reconciliation efforts between the United States and Native Hawaiians; and
(C) 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) Ddespite 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 ,and economic self sufficiency;as evidenced through their participation in the Office of Hawaiian Affairs.
(16) Native Hawaiians also give expression to their rights as native people to self-determination and self-governance, and economic self sufficiency-
(A)through the provision of governmental services to Native Hawaiians, including the provision of-
(i) health care services,;
(ii)educational programs,;
(iii)employment and training programs,;
(iv)economic development assistance programs;
(v)children's services,;
(vi)conservation programs,;
(vii)fish and wildlife protection,;
(viii)agricultural programs,;
(ix)native language immersion programs; and
(x)native language immersion schools from kindergarten through high school,;
(xi)as well as college and master's degree programs in native language immersion instruction,;and
(xii)traditional justice programs,; and
(B) by continuing their efforts to enhance Native Hawaiian self-determination and local control,;
(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, to control and manage their own lands, including ceded lands,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 the Native Hawaiian governing entity 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 Congress--
(A) has declared that 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 political and legal relationship with the Native Hawaiian people through the enactment of the Act entitled `An Act to provide for the admission of the State of Hawaii into the Union', approved March 18, 1959 (Public Law 86-3; 73 Stat. 4) by--
(A) ceding to the State of Hawaii title to the public lands formerly held by the United States, and mandating that those lands be held in public trust for 5 purposes, one 1 of which is for the betterment of the conditions of Native Hawaiians; and
(B) transferring the United States responsibility for the administration of the Hawaiian Home Lands to the State of Hawaii, but retaining the 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.; and
(23) the State of Hawaii supports the recognition of the Native Hawaiian governing entity by the United States as evidenced by 2 unanimous resolutions enacted by the Hawaii State Legislature in the 200o and 2001 sessions of the Legislature and by the testimony of the Governor of the State of Hawaii before the Committee on Indian Affairs of the senate on February 25, 2003.
SEC. 2 3. 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 Western contact in the areas that later became part of the United States.
(2) Adult member- The term "adult member" mans a native Hawaiian who has attained the age of 18 at the time the preparation of the roll authorized under section 7 (b) (1) (A) is initiated.
(2 3) APOLOGY RESOLUTION- The term "`Apology Resolution' "means Public Law 103-150 (107 Stat. 1510), a joint resolution extending an apology to Native Hawaiians on behalf of the United States for the participation of agents of the United States in the January 17, 1893, overthrow of the Kingdom of Hawaii.
(4) Council- The term "council" means the Native Hawaiian Interim Governing Council established under section 7(b)(2).
(5) INDIGENOUS, NATIVE PEOPLE- The term `indigenous, native people' means the lineal descendants of the aboriginal, indigenous, native people of the United States.
(5 6) INTERAGENCY COORDINATING GROUP- The term "`Interagency Coordinating Group'" means the Native Hawaiian Interagency Coordinating Group established under section 5 6.
(3) 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).
(4) INDIGENOUS, NATIVE PEOPLE- The term `indigenous, native people' means the lineal descendants of the aboriginal, indigenous, native people of the United States.
(6 7) NATIVE HAWAIIAN-
(A) Prior to the recognition by the United States of the Native Hawaiian governing entity, the term `Native Hawaiian' means the indigenous, native people of Hawaii who are the direct 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 governing entity, the term `Native Hawaiian' shall have the meaning given to such term in the organic governing documents of the Native Hawaiian governing entity.
(A) In General- For the purpose of establishing the roll authorized under section 7(b)(1) and before the recognition by the United States of the Native Hawaiian governing entity, the term "Native Hawaiian" means the indigenous, native people of Hawaii who are the direct lineal descendants of the aboriginal, indigenous, native people who-
(i) resided on or before January 1, 1893,in the Islands that now comprise the state of Hawaii;and
(ii) occupied and exercised sovereignty in the Hawaiian Archipelago, including the area that now constitutes the State of Hawaii.
(B) Inclusion.- The term "Native Hawaiian" includes each Native Hawaiian who was eligible during 1921 for the programs authorized by the Hawaiian Homes Commission Act (42 Stat. 108, chapter 42) and their lineal descendants.
(7 8) NATIVE HAWAIIAN GOVERNING ENTITY- The term `Native Hawaiian governing entity' means the governing entity organized by the Native Hawaiian people.
(9) Office.- The term "Office" means the United States Office for Native Hawaiian Relations established under section 5(a).
(8 10) SECRETARY- The term " `Secretary' " means the Secretary of the Interior.
(a) POLICY- The United States reaffirms that--
(1) Native Hawaiians are a unique and distinct, indigenous, native people, with whom the United States has a special political and legal relationship;
(2) the United States has a special trust political and legal responsibility 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; and
(C) the right to reorganize a Native Hawaiian governing entity; 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 tThe purpose of this Act is to provide a process for the recognition by the United States of a Native Hawaiian governing entity for purposes of continuing a the government-to-government relationship.
(a) IN GENERAL Establishment- There is established within the Office of the Secretary the United States Office for Native Hawaiian Relations.
(b) DUTIES OF THE OFFICE- The United States Office for Native Hawaiian Relations shall--
(1) effectuate and coordinate the trust relationship special political and legal responsibility between the Native Hawaiian people and the United States, and upon the recognition of the Native Hawaiian governing entity by the United States, between the Native Hawaiian governing entity and the United States through the Secretary, and with all other Federal agencies;
(2) continue the process of reconciliation with the Native Hawaiian people, and upon the recognition of the Native Hawaiian governing entity by the United States, continue the process of reconciliation with the Native Hawaiian governing entity;
(3) fully integrate the principle and practice of meaningful, regular, and appropriate consultation with the Native Hawaiian governing entity by providing timely notice to, and consulting with, the Native Hawaiian people and the Native Hawaiian governing entity prior to taking any actions that may have the potential to significantly affect Native Hawaiian resources, rights, or lands;
(4) consult with the Interagency Coordinating Group, 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; and
(5) prepare and submit to the Committee on Indian Affairs and the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives an annual report detailing the activities of the Interagency Coordinating Group that are undertaken with respect to the continuing process of reconciliation and to effect meaningful consultation with the Native Hawaiian governing entity and providing recommendations for any necessary changes to existing Federal statutes law or regulations promulgated under the authority of Federal law.
(a) ESTABLISHMENT- In recognition of the fact that Federal programs authorized to address the conditions of Native Hawaiians are largely administered by Federal agencies other than the Department of the Interior, there is established an interagency coordinating group to be known as the" `Native Hawaiian Interagency Coordinating Group'".
(b) COMPOSITION- The Interagency Coordinating Group shall be composed of officials, to be designated by the President, from--
(1) each Federal agency that administers Native Hawaiian programs, establishes or implements policies that affect Native Hawaiians, or whose actions may significantly or uniquely impact on Native Hawaiian resources, rights, or lands; and
(2) the United States Office. for Native Hawaiian Relations established under section 4.
(c) LEAD AGENCY-
(1) In General.- The Department of the Interior shall serve as the lead agency of the Interagency Coordinating Group., and
(2) mMeetings- of the Interagency Coordinating Group shall be convened by the lead agency.The Secretary shall convene meetings of the Interagency Coordinating Group.
(d) DUTIES- The responsibilities of the Interagency Coordinating Group shall be--
(1) the coordination of coordinate Federal programs and policies that affect Native Hawaiians or actions by any agency or agencies of the Federal Government which that may significantly or uniquely impact on Native Hawaiian resources, rights, or lands;
(2) to assure ensure that each Federal agency develops a policy on consultation with the Native Hawaiian people, and upon recognition of the Native Hawaiian governing entity by the United States, consultation with the Native Hawaiian governing entity; and
(3) to assure ensure the participation of each Federal agency in the development of the report to Congress authorized in section 4 5(b)(5).
(a) RECOGNITION OF THE NATIVE HAWAIIAN GOVERNING ENTITY- 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.
(b) PROCESS FOR RECOGNITION-
(1) Roll.-
(A) Preparation of Roll.-
(i) In General.- the Office, in consultation with the adult members of the Native Hawaiian community who elect to participate in the reorganization of the Native Hawaiian governing entity, shall prepare and maintain a roll for the purpose of the reorganization of the Native Hawaiian governing entity.
(ii) Contents.- The Roll shall include the names of the adult members of the Native Hawaiian community who elect to participate in the reorganization of the Native Hawaiian governing entity.
(B) Certification of Roll.-
(i)In General- The Office, in Consultation with the Adult members of the Native Hawaiian community, shall certify to the Secretary that the individuals listed on the roll meet the Definition of section 3 (7).
(ii) Review; Determination.- The Secretary shall-
(I) review the certification of the roll; and
(II)determine whether the roll is consistent with applicable Federal law.
(C) Publication.- On making a determination that the roll is consistent with applicable federal law under subparagraph (B) (ii) , the Secretary shall publish the final roll.
(D) Appeal.- The Secretary may establish a mechanism for an appeal of a determination made under subparagraph (B) (ii), if the determination excludes from the roll the name of a person who meets the definition of Native Hawaiian as defined in section 3 (7).
(E) Publication; Update.- The Secretary shall-
(i) publish the final roll, regardless of whether appeals are pending; and
(ii) update the final roll and the publication of the final roll on the final disposition of any appeal.
(F) Failure to Act.- If the Secretary fails to make the determination authorized under subparagraph (B) (ii) , not later than 90 days after the date that the roll is submitted to the Secretary by the Office-
(i) the determination shall be deemed to have been made; and
(ii) the Office shall publish the final roll
(G) Effect of Publication.- The publication of the final roll shall serve as the basis for the eligibility of adult members of the Native Hawaiian community whose names are listed on the roll to participate in all referenda and elections associated with the reorganization of the Native Hawaiian governing entity.
(2) Organization of the Native Hawaiian Interim Governing Council.-
(A) Organization. - The adult members of the Native Hawaiian community listed on the final roll published under this subsection may-
(i) develop criteria for candidates to be elected to serve on the Native Hawaiian Interim Governing Council;
(ii) determine the structure of the Council.
(B) Election.- On the request of the adult members of the Native Hawaiian community listed on the final roll published under this subsection, the Office may assist individuals listed in the roll in holding an election by secret ballot ( including, at the option of the Office, absentee and mail balloting) to elect the membership of the Council.
(C) Powers.-
(i) In General.- The Council may-
(I) represent individuals on the final roll published under this subsection in the implementation of this Act; and
(II) shall have no powers other than the powers given to the Council under this Act.
(ii) Funding.- The Council may enter into a contract with, or obtain a grant from, any Federal or State Agency to carry out clause (iii)
(iii) Activities.-
(I) in general.- The Council may conduct a referendum among the adult members of the Native Hawaiian community listed on the final roll published under this subsection for the purpose of determining-
(aa) the proposed elements of the organic governing documents of a Native Hawaiian governing entity;
(bb) the proposed criteria for citizenship in the Native Hawaiian governing entity;
(cc) 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;
(dd) the proposed civil rights and protection of the rights of the citizens of the Native Hawaiian governing entity ad all persons subject to the authority of the Native Hawaiian governing entity; and
(ee) other issues determined appropriate by the Council.
(II) Development of Organic Governing Documents .- Based on the referendum, the Council may develop proposed organic governing documents for the Native Hawaiian governing entity.
(III) Distribution.- The Council may distribute to all adult members of the Native Hawaiian community listed on the final roll published under this subsection-
(aa) a copy of the proposed organic governing documents; and
(bb) a brief impartial description of the proposed organic governing documents.
(IV) Elections.-
(aa) In General.- The Council may hold elections for the purpose of ratifying the proposed organic governing documents, and on ratification of the organic governing documents, hold elections of the officers of the Native Hawaiian governing entity.
(bb) Assistance.- On the request of the Council, the Office may assist the Council in conducting elections.
(D) Termination.- The Council shall cease to exist, and shall have no power or authority under this Act, after the duly elected officers of the Native Hawaiian governing entity take office.
(1 3) SUBMITTAL OF ORGANIC GOVERNING DOCUMENTS- Following the organization of the Native Hawaiian governing entity, the adoption of organic governing documents, and the election of officers of the Native Hawaiian governing entity, the duly elected officers of the Native Hawaiian governing entity shall submit the organic governing documents of the Native Hawaiian governing entity to the Secretary.
(2 4) CERTIFICATIONS-
(A) IN GENERAL- Within Not later than 90 days of after the date that the duly elected officers of the Native Hawaiian governing entity submit the organic governing documents to the Secretary, the Secretary shall certify that the organic governing documents--
(i) establish the criteria for citizenship in the Native Hawaiian governing entity;
(ii) were adopted by a majority vote of the citizens of the Native Hawaiian governing entity;
(iii) provide for the exercise of governmental authorities by the Native Hawaiian governing entity;
(iv) provide authority for the Native Hawaiian governing entity to negotiate with Federal, State, and local governments, and other entities;
(v) prevent the sale, disposition, lease, or encumbrance of lands, interests in lands, or other assets of the Native Hawaiian governing entity without the consent of the Native Hawaiian governing entity;
(vi) provide for the protection of the civil rights of the citizens of the Native Hawaiian governing entity and all persons subject to the authority of the Native Hawaiian governing entity, and ensure that the Native Hawaiian governing entity exercises its authority consistent with the requirements of section 202 of the Act of April 11, 1968 (25 U.S.C. 1302); and
(vii) are consistent with applicable Federal law and the special political and legal relationship between the United States and the indigenous native people of the United States.
(B) BY THE SECRETARY- Within 90 days of the date that the duly elected officers of the Native Hawaiian governing entity submit the organic governing documents to the Secretary, the Secretary shall certify that the State of Hawaii supports the recognition of a Native Hawaiian governing entity by the United States as evidenced by a resolution or act of the Hawaii State legislature.
(C B) RESUBMISSION IN CASE OF NONCOMPLIANCE WITH FEDERAL LAW-
(i) RESUBMISSION BY THE SECRETARY.- If the Secretary determines that the organic governing documents, or any part thereof of the documents, are not consistent with applicable Federal law, the Secretary shall resubmit the organic governing documents to the duly elected officers of the Native Hawaiian governing entity along with a justification for each of the Secretary's findings as to why the provisions are not consistent with such the law.
(ii) AMENDMENT AND RESUBMISSION BY THE NATIVE HAWAIIAN GOVERNING ENTITY- If the organic governing documents are resubmitted to the duly elected officers of the Native Hawaiian governing entity by the Secretary under clause (i), the duly elected officers of the Native Hawaiian governing entity shall--
(I) amend the organic governing documents to ensure that the documents comply with applicable Federal law; and
(II) resubmit the amended organic governing documents to the Secretary for certification in accordance with the requirements of this paragraph.
(D C) CERTIFICATIONS DEEMED MADE- The certifications authorized in under subparagraph (B) shall be deemed to have been made if the Secretary has not acted within 90 days of after the date that the duly elected officers of the Native Hawaiian governing entity have submitted the organic governing documents of the Native Hawaiian governing entity to the Secretary.
(3 5) FEDERAL RECOGNITION.- Notwithstanding any other provision of law, upon the election of the officers of the Native Hawaiian governing entity and the certifications by the Secretary required under paragraph (1), the United States hereby extends Federal recognition to the Native Hawaiian governing entity as the representative governing body of the Native Hawaiian people.
(a) REAFFIRMATION- The delegation by the United States of authority to the State of Hawaii to address the conditions of the indigenous, native people of Hawaii contained in the Act entitled `An Act to provide for the admission of the State of Hawaii into the Union' approved March 18, 1959 (Public Law 86-3; 73 Stat. 5) is hereby reaffirmed.
(b) NEGOTIATIONS-
(1) In General.-UpoOn the Federal recognition of the Native Hawaiian governing entity by the United States, the United States and the State of Hawaii may enter into negotiations with the Native Hawaiian Governing Entity designed to lead to an agreement addressing such matters, including the transfer of governmental authorities over lands, natural resources, and other assets.is authorized to negotiate and enter into an agreement with the State of Hawaii and the Native Hawaiian governing entity regarding the transfer of lands, resources, and assets dedicated to Native Hawaiian use to the Native Hawaiian governing entity.
(2) Claims.- Nothing in this Act is intended to serve as a settlement of any claims against the United States.
(a) INDIAN GAMING REGULATORY ACT- Nothing contained in this Act shall be construed as an authorization for authorizes the Native Hawaiian governing entity to conduct gaming activities under the authority of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
(b) BUREAU OF INDIAN AFFAIRS.- Nothing contained in this Act shall be construed as provides an authorization for eligibility to participate in any programs and services provided by the Bureau of Indian Affairs for any persons not otherwise eligible for such programs or services.
In the event that If any section or provision of this Act is held invalid, it is the intent of Congress that the remaining sections or provisions of this Act shall continue in full force and effect.
There is are authorized to be appropriated such sums as may be are necessary to carry out the activities authorized in this Act.
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