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H.R. 4283 (ih) To amend the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to make grants for the remediation of sediment contamination in certain areas of concern in the Great Lakes, and for othe...


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108th CONGRESS
  2d Session
                                H. R. 4282

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, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2004

   Mr. Abercrombie (for himself, Mr. Case, Mr. Rahall, Mr. Young of 
Alaska, and Mr. Faleomavaega) introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 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, 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 Government 
Reorganization Act of 2004''.

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 section 3(8).
            (5) Council.--The term ``council'' means the Native 
        Hawaiian Interim Governing Council established under section 
        7(c)(2).
            (6) Indigenous, native people.--The term ``indigenous, 
        native people'' means the lineal descendants of the aboriginal, 
        indigenous, native people of the United States.
            (7) Interagency coordinating group.--The term ``Interagency 
        Coordinating Group'' means the Native Hawaiian Interagency 
        Coordinating Group established under section 6.
            (8) Native hawaiian.--For 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--
                    (A) an individual who is one 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
                    (B) an individual who is one 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.
            (9) Native hawaiian governing entity.--The term ``Native 
        Hawaiian Governing Entity'' means the governing entity 
        organized by the Native Hawaiian people pursuant to this Act.
            (10) Office.--The term ``Office'' means the United States 
        Office for Native Hawaiian Relations established under section 
        5(a).
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of the Department 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, 

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