”’Editor’s Note: This is the text of the Senate Bill 147, known as the Akaka Bill, which is pending in Congress.”’

Akaka bill (S. 147) – Native Hawaiian Government Reorganization Act of 2005

S. 147 (March 2005)

SECTION 1. Short title.

This Act may be cited as the ”Native Hawaiian Government
Reorganization Act of 2005”

SEC. 2. Findings.

Congress finds that-

(1) the Constitution vests Congress with the authority to address the
conditions of the indigenous, native people of the United States;

(2) Native Hawaiians, the native people of the Hawaiian archipelago
that is now part of the United States, are indigenous, native people
of the United States;

(3) the United States has a special 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 treaties between
the United States and the Kingdom of Hawaii, and from 1826 until
1893, the United States-

(A) recognized the sovereignty of the Kingdom of Hawaii;

(B) accorded full diplomatic recognition to the Kingdom of Hawaii; and

(C) entered into treaties and conventions with the Kingdom of Hawaii
to govern commerce and navigation in 1826, 1842, 1849, 1875, and 1887;

(5) pursuant to the Hawaiian Homes Commission Act, 1920 (42 Stat.
108, chapter 42), the United States set aside approximately 203,500
acres of land to address the conditions of Native Hawaiians in the
Federal territory that later became the State of Hawaii;

(6) by setting aside 203,500 acres of land for Native Hawaiian
homesteads and farms, the Hawaiian Homes Commission Act assists the
members of the Native Hawaiian community in maintaining distinct
native settlements throughout the State of Hawaii;

(7) approximately 6,800 Native Hawaiian families reside on the
Hawaiian Home Lands and approximately 18,000 Native Hawaiians who are
eligible to reside on the Hawaiian Home Lands are on a waiting list
to receive assignments of Hawaiian Home Lands;

(8) (A) in 1959, as part of the compact with the United States
admitting Hawaii into the Union, Congress 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) the public trust consists of lands, including submerged lands,
natural resources, and the revenues derived from the lands; and

(C) the assets of this public trust have never been completely
inventoried or segregated;

(9) Native Hawaiians have continuously sought access to the ceded
lands in order to establish and maintain native settlements and
distinct native communities throughout the State;

(10) the Hawaiian Home Lands and other ceded lands provide 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 continue to maintain 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 to the United
States their claims to their inherent sovereignty as a people over
their national lands, either through the Kingdom of Hawaii or through
a plebiscite or referendum;

(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 consult with Native Hawaiians on the reconciliation process as
called for in the Apology Resolution;

(15) despite the overthrow of the government of the Kingdom of
Hawaii, Native Hawaiians have continued to maintain their separate
identity as a distinct native community through cultural, social, and
political institutions, and to give expression to their rights as
native people to self-determination, self-governance, and economic
self-sufficiency;

(16) Native Hawaiians have also given expression to their rights as
native people to self-determination, self-governance, and economic
self-sufficiency-

(A) through the provision of governmental services to Native
Hawaiians, including the provision of-

(i) health care services;

(ii) educational programs;

(iii) employment and training programs;

(iv) economic development assistance programs;

(v) children’s services;

(vi) conservation programs;

(vii) fish and wildlife protection;

(viii) agricultural programs;

(ix) native language immersion programs;

(x) native language immersion schools from kindergarten through high school;

(xi) college and master’s degree programs in native language
immersion instruction;

(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 generations of Native Hawaiians their lands and
Native Hawaiian political and cultural identity in accordance with
their traditions, beliefs, customs and practices, language, and
social and political institutions, to control and manage their own
lands, including ceded lands, and to achieve greater
self-determination over their own affairs;

(19) this Act provides a process within the framework of Federal law
for the Native Hawaiian people to exercise their inherent rights as a
distinct, indigenous, native community to reorganize a Native
Hawaiian governing entity for the purpose of giving expression to
their rights as native people to self-determination and
self-governance;

(20) 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) has identified Native Hawaiians as a distinct group of
indigenous, native people of the United States within the scope of
its authority under the Constitution, and has enacted scores of
statutes on their behalf; and

(C) has delegated broad authority to the State of Hawaii to
administer some of the United States’ responsibilities as they relate
to the Native Hawaiian people and their lands;

(21) the United States has recognized and reaffirmed the special
political and legal relationship with the Native Hawaiian people
through the enactment of the Act entitled, ”An Act to provide for
the admission of the State of Hawaii into the Union”, approved March
18, 1959 (Public Law 86-3; 73 Stat. 4), by-

(A) ceding to the State of Hawaii title to the public lands formerly
held by the United States, and mandating that those lands be held as
a public trust for 5 purposes, 1 of which is for the betterment of
the conditions of Native Hawaiians; and

(B) transferring the United States’ responsibility for the
administration of the Hawaiian Home Lands to the State of Hawaii, but
retaining the authority to enforce the trust, including the exclusive
right of the United States to consent to any actions affecting the
lands that 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 has continually recognized and reaffirmed that-

(A) Native Hawaiians have a cultural, historic, and land-based link
to the aboriginal, indigenous, 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 indigenous, 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 reaffirmation of the political
and legal relationship between the Native Hawaiian governing entity
and the United States as evidenced by 2 unanimous resolutions enacted
by the Hawaii State Legislature in the 2000 and 2001 sessions of the
Legislature and by the testimony of the Governor of the State of
Hawaii before the Committee on Indian Affairs of the Senate on
February 25, 2003.

SEC. 3. Definitions.

In this Act:

(1) ABORIGINAL, INDIGENOUS, NATIVE PEOPLE.-The term ”aboriginal,
indigenous, native people” means people whom Congress has recognized
as the original inhabitants of the lands that later became part of
the United States and who exercised sovereignty in the areas that
later became part of the United States.

(2) ADULT MEMBER.-The term ”adult member” means a Native Hawaiian
who has attained the age of 18 and who elects to participate in the
reorganization of the Native Hawaiian governing entity.

(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) COMMISSION.-The term ”commission” means the Commission
established under section 7(b) to provide for the certification that
those adult members of the Native Hawaiian community listed on the
roll meet the definition of Native Hawaiian set forth in paragraph
(8).

(5) COUNCIL.-The term ”council” means the Native Hawaiian Interim
Governing Council established under section 7 (c) (2).

(6) INDIAN PROGRAM OR SERVICE.-

(A) IN GENERAL. – The term “Indian program or service” means any
federally funded or authorized program or service provided to an
Indian tribe (or member of an Indian tribe) because of the status of
the members of the Indian tribe as Indians

(B) INCLUSIONS. – The term “Indian program or service” includes a
program or service provided by the Bureau of Indian affairs, the
Indian Health Service, or any other Federal agency.

(7) INDIAN TRIBE.- The term “Indian tribe” has the meaning given in
the term in section 4 of the Indian Self-Determination and education
Assistance Act (25 U.S.C. 450b).

(8) INDIGENOUS, NATIVE PEOPLE. – The term “indigenous, native people”
means the lineal descendants of the aboriginal, indigenous, native
people of the United States.

(9) INTERAGENCY COORDINATING GROUP.- The term ”Interagency
Coordinating Group” means the Native Hawaiian Interagency
Coordinating Group established under section 6.

(10) NATIVE HAWAIIAN.-

(A) IN GENERAL. i Subject to subparagraph (B), f[F]or the purpose of
establishing the roll authorized under section 7(c)(1) and before the
reaffirmation of the political and legal relationship between the
United States and the Native Hawaiian governing entity, the term
”Native Hawaiian” means-

(i) an individual who is [one] 1 of the indigenous, native people of
Hawaii and who is a direct lineal descendant of the aboriginal,
indigenous, native people who-

(I) resided in the islands that now comprise the State of Hawaii on
or before January 1, 1893; and

(II) occupied and exercised sovereignty in the Hawaiian archipelago,
including the area that now constitutes the State of Hawaii; or

(ii) an individual who is [one] 1 of the indigenous, native people of
Hawaii and who was eligible in 1921 for the programs authorized by
the Hawaiian Homes Commission Act (42 Stat.108, chapter 42) or a
direct lineal descendant of that individual.

(B) NO EFFECT ON OTHER DEFINITIONS. – Nothing in this paragraph
affects the definition of the term “Native Hawaiian” under any other
Federal or State law (including a regulation).

(11) NATIVE HAWAIIAN GOVERNING ENTITY.-The term ”Native Hawaiian
Governing Entity” means the governing entity organized by the Native
Hawaiian people pursuant to this Act.

(12) NATIVE HAWAIIAN PROGRAM OR SERVICE. – The term “Native Hawaiian
program or service” means any program or service provided to Native
Hawaiians because of their status as Native Hawaiians.

(13) OFFICE.-The term ”Office” means the United States Office for
Native Hawaiian Relations established by section 5(a).

(14) SECRETARY.-The term ”Secretary” means the Secretary of the Interior.

SEC. 4. United States policy and purpose.

(a) POLICY.-The United States reaffirms that-

(1) Native Hawaiians are a unique and distinct, indigenous, native
people with whom the United States has a special political and legal
relationship;

(2) the United States has a special political and legal relationship
with the Native Hawaiian people which includes promoting the welfare
of Native Hawaiians;

(3) Congress possesses the authority under the Constitution,
including but not limited to Article I, section 8, clause 3, 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 governing entity; and

(D) the right to become economically self-sufficient; and

(5) the United States shall continue to engage in a process of
reconciliation and political relations with the Native Hawaiian
people.

(b) PURPOSE.-The purpose of this Act is to provide a process for the
reorganization of the Native Hawaiian governing entity and the
reaffirmation of the political and legal relationship between the
United States and the Native Hawaiian governing entity for purposes
of continuing government-to-government relationship.

SEC. 5. United States Office for Native Hawaiian Relations.

(a) ESTABLISHMENT.-There is established within the Office of the
Secretary, the United States Office for Native Hawaiian Relations.

(b) DUTIES.-The Office shall-

(1) continue the process of reconciliation with the Native Hawaiian
people in furtherance of the Apology Resolution;

(2) upon the reaffirmation of the political and legal relationship
between the Native Hawaiian governing entity and the United States,
effectuate and coordinate the special political and legal
relationship between the Native Hawaiian governing entity and the
United States through the Secretary, and with all other Federal
agencies;

(3) 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
before 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, the Governor of the State of Hawaii and 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 Federal law or regulations promulgated under the
authority of Federal law.

SEC. 6. Native Hawaiian interagceny coordinating group.

(a) ESTABLISHMENT.- In recognition that Federal programs authorized
to address the conditions of Native Hawaiians are largely
administered by Federal agencies other than the Department of the
Interior, there is established an interagency coordinating group to
be known as the ”Native Hawaiian Interagency Coordinating Group”.

(b) COMPOSITION.- The Interagency Coordinating Group shall be
composed of officials, to be designated by the President, from-

(1) each Federal agency that administers Native Hawaiian programs,
establishes or implements policies that affect Native Hawaiians, or
whose actions may significantly or uniquely impact Native Hawaiian
resources, rights, or lands; and

(2) the Office.

(c) LEAD AGENCY.-

(1) IN GENERAL.- The Department of the Interior shall serve as the
lead agency of the Interagency Coordinating Group.

(2) MEETINGS.- The Secretary shall convene meetings of the
Interagency Coordinating Group.

(d) DUTIES.- The Interagency Coordinating Group shall-

(1) coordinate Federal programs and policies that affect Native
Hawaiians or actions by any agency or agencies of the Federal
Government that may significantly or uniquely affect Native Hawaiian
resources, rights, or lands;

(2) ensure that each Federal agency develops a policy on consultation
with the Native Hawaiian people, and upon the reaffirmation of the
political and legal relationship between the Native Hawaiian
governing entity and the United States, consultation with the Native
Hawaiian governing entity; and

(3) ensure the participation of each Federal agency in the
development of the report to Congress authorized in section 5(b)(5).

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.

(a) RECOGNITION OF THE NATIVE HAWAIIAN GOVERNING ENTITY.- The right
of the Native Hawaiian people to reorganize the Native Hawaiian
governing entity to provide for their common welfare and to adopt
appropriate organic governing documents is recognized by the United
States.

(b) COMMISSION.-

(1) IN GENERAL.-There is authorized to be established a Commission to
be composed of nine members for the purposes of-

(A) preparing and maintaining a roll of the adult members of the
Native Hawaiian community who elect to participate in the
reorganization of the Native Hawaiian governing entity; and

(B) certifying that the adult members of the Native Hawaiian
community proposed for inclusion on the roll meet the definition of
Native Hawaiian in paragraph (8) of section 3.

(2) MEMBERSHIP.-

(A) APPOINTMENT.-Within 180 days of the date of enactment of this
Act, the Secretary shall appoint the members of the Commission in
accordance with subclause (B). Any vacancy on the Commission shall
not affect its powers and shall be filled in the same manner as the
original appointment.

(B) REQUIREMENTS.-The members of the Commission shall be Native
Hawaiian, as defined in section 3(8), and shall have expertise in the
determination of Native Hawaiian ancestry and lineal descendancy.

(3) EXPENSES.-Each member of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or
regular places of business in the performance of services for the
Commission.

(4) DUTIES.-The Commission shall-

(A) prepare and maintain a roll of the adult members of the Native
Hawaiian community who elect to participate in the reorganization of
the Native Hawaiian governing entity; and

(B) certify that each of the adult members of the Native Hawaiian
community proposed for inclusion on the roll meets the definition of
Native Hawaiian in section 3(8).

(5) STAFF.-

(A) IN GENERAL.-The Commission may, without regard to the civil
service laws (including regulations), appoint and terminate an
executive director and such other additional personnel as are
necessary to enable the Commission to perform the duties of the
Commission.

(B) COMPENSATION.-

(i) IN GENERAL.-Except as provided in clause (ii), the Commission may
fix the compensation of the executive director and other personnel
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to classification
of positions and General Schedule pay rates.

(ii) MAXIMUM RATE OF PAY.-The rate of pay for the executive director
and other personnel shall not exceed the rate payable for level V of
the Executive Schedule under section 5316 of title 5, United States
Code.

(6) DETAIL OF FEDERAL GOVERNMENT EMPLOYEES.-

(A) IN GENERAL.-An employee of the Federal Government may be detailed
to the Commission without reimbursement.

(B) CIVIL SERVICE STATUS.-The detail of the employee shall be without
interruption or loss of civil service status or privilege.

(7) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.-The
Commission may procure temporary and intermittent services in
accordance with section 3109(b) of title 5, United States Code, at
rates for individuals that do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.

(8) EXPIRATION.-The Secretary shall dissolve the Commission upon the
reaffirmation of the political and legal relationship between the
Native Hawaiian governing entity and the United States.

(c) PROCESS FOR THE REORGANIZATION OF THE NATIVE HAWAIIAN GOVERNING ENTITY.-

(1) ROLL.-

(A) 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 and are
certified to be Native Hawaiian as defined in section 3(8) by the
Commission.

(B) FORMATION OF ROLL.-Each adult member of the Native Hawaiian
community who elects to participate in the reorganization of the
Native Hawaiian governing entity shall submit to the Commission
documentation in the form established by the Commission that is
sufficient to enable the Commission to determine whether the
individual meets the definition of Native Hawaiian in section 3(8).

(C) DOCUMENTATION.-The Commission shall-

(i) identify the types of documentation that may be submitted to the
Commission that would enable the Commission to determine whether an
individual meets the definition of Native Hawaiian in section 3(8);

(ii) establish a standard format for the submission of documentation; and

(iii) publish information related to clauses (i) and (ii) in the
Federal Register;

(D) CONSULTATION.-In making determinations that each of the adult
members of the Native Hawaiian community proposed for inclusion on
the roll meets the definition of Native Hawaiian in section 3(8), the
Commission may consult with Native Hawaiian organizations, agencies
of the State of Hawaii including but not limited to the Department of
Hawaiian Home Lands, the Office of Hawaiian Affairs, and the State
Department of Health, and other entities with expertise and
experience in the determination of Native Hawaiian ancestry and
lineal descendancy.

(E) CERTIFICATION AND SUBMITTAL OF ROLL TO SECRETARY.-The Commission shall-

(i) submit the roll containing the names of the adult members of the
Native Hawaiian community who meet the definition of Native Hawaiian
in section 3(8) to the Secretary within two years from the date on
which the Commission is fully composed; and

(ii) certify to the Secretary that each of the adult members of the
Native Hawaiian community proposed for inclusion on the roll meets
the definition of Native Hawaiian in section 3(8).

(F) PUBLICATION.-Upon certification by the Commission to the
Secretary that those listed on the roll meet the definition of Native
Hawaiian in section 3(8), the Secretary shall publish the roll in the
Federal Register.

(G) APPEAL.-The Secretary may establish a mechanism for an appeal for
any person whose name is excluded from the roll who claims to meet
the definition of Native Hawaiian in section 3(8) and to be 18 years
of age or older.

(H) PUBLICATION; UPDATE.-The Secretary shall-

(i) publish the roll regardless of whether appeals are pending;

(ii) update the roll and the publication of the roll on the final
disposition of any appeal; and

(iii) update the roll to include any Native Hawaiian who has attained
the age of 18 and who has been certified by the Commission as meeting
the definition of Native Hawaiian in section 3(8) after the initial
publication of the roll or after any subsequent publications of the
roll.

(I) FAILURE TO ACT.-If the Secretary fails to publish the roll, not
later than 90 days after the date on which the roll is submitted to
the Secretary, the Commission shall publish the roll notwithstanding
any order or directive issued by the Secretary or any other official
of the Department of the Interior to the contrary.

(J) EFFECT OF PUBLICATION.-The publication of the initial and updated
roll shall serve as the basis for the eligibility of adult members of
the Native Hawaiian community whose names are listed on those rolls
to participate in 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 roll published under this section 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; and

(iii) elect members from individuals listed on the roll published
under this subsection to the Council.

(B) POWERS.-

(i) IN GENERAL.-The Council

(I) may represent those listed on the roll published under this
section in the implementation of this Act; and

(II) shall have no powers other than powers given to the Council
under this Act.

(ii) FUNDING.-The Council may enter into a contract with, or obtain a
grant from, any Federal or State agency to carry out clause (iii).

(iii) ACTIVITIES.-

(I) IN GENERAL.-The Council may conduct a referendum among the adult
members of the Native Hawaiian community listed on the roll published
under this subsection for the purpose of determining the proposed
elements of the organic governing documents of the Native Hawaiian
governing entity, including but not limited to-

(aa) the proposed criteria for 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.

(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 roll published under
this subsection-

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

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

(IV) ELECTIONS.-The Council may hold elections for the purpose of
ratifying the proposed organic governing documents, and on
certification of the organic governing documents by the Secretary in
accordance with paragraph (4), hold elections of the officers of the
Native Hawaiian governing entity pursuant to paragraph (5).

(3) SUBMITTAL OF ORGANIC GOVERNING DOCUMENTS.-Following the
reorganization of the Native Hawaiian governing entity and the
adoption of organic governing documents, the Council shall submit the
organic governing documents of the Native Hawaiian governing entity
to the Secretary.

(4) CERTIFICATIONS.-

(A) IN GENERAL.-Within the context of the future negotiations to be
conducted under the authority of section 8(b)(1), and the subsequent
actions by the Congress and the State of Hawaii to enact legislation
to implement the agreements of the 3 governments, not later than 90
days after the date on which the Council submits 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 adult members of the
Native Hawaiian community whose names are listed on the roll
published by the Secretary;

(iii) provide authority for the Native Hawaiian governing entity to
negotiate with Federal, State, and local governments, and other
entities;

(iv) provide for the exercise of governmental authorities by the
Native Hawaiian governing entity, including any authorities that may
be delegated to the Native Hawaiian governing entity by the United
States and the State of Hawaii following negotiations authorized in
section 8(b)(1) and the enactment of legislation to implement the
agreements of the 3 governments;

(v) prevent the sale, disposition, lease, or encumbrance of lands,
interests in lands, or other assets of the Native Hawaiian governing
entity without the consent of the Native Hawaiian governing entity;

(vi) provide for the protection of the civil rights of the citizens
of the Native Hawaiian governing entity and all persons affected by
the exercise of governmental powers and authorities by the Native
Hawaiian governing entity; 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; provided that the
provisions of Public Law 103-454, 25 U.S.C. 479a, shall not apply.

(B) RESUBMISSION IN CASE OF NONCOMPLIANCE WITH THE REQUIREMENTS OF
SUBPARAGRAPH (a).-

(i) RESUBMISSION BY THE SECRETARY.-If the Secretary determines that
the organic governing documents, or any part of the documents, do not
meet all of the requirements set forth in subparagraph (A), the
Secretary shall resubmit the organic governing documents to the
Council, along with a justification for each of the Secretary’s
findings as to why the provisions are not in full compliance.

(ii) AMENDMENT AND RESUBMISSION OF ORGANIC GOVERNING DOCUMENTS.-If
the organic governing documents are resubmitted to the Council by

”’U.S. Sen. Daniel Akaka, Democrat, represents the state of Hawaii in the U.S. Senate.”’

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