Home > 106th Congressional Bills > H.R. 4905 (ih) To amend the Real Estate Settlement Procedures Act of 1974 to authorize [Introduced in House] ...

H.R. 4905 (ih) To amend the Real Estate Settlement Procedures Act of 1974 to authorize [Introduced in House] ...


Google
 
Web GovRecords.org







                                                 Union Calendar No. 541
106th CONGRESS
  2d Session
                                H. R. 4904

                          [Report No. 106-897]

To express the policy of the United States regarding the United States 
      relationship with Native Hawaiians, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2000

 Mr. Abercrombie introduced the following bill; which was referred to 
                       the Committee on Resources

                           September 26, 2000

                     Additional sponsor: Mr. Kildee

                           September 26, 2000

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               20, 2000]

_______________________________________________________________________

                                 A BILL


 
To express the policy of the United States regarding the United States 
      relationship with Native Hawaiians, 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. 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 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 

Pages: 1 2 3 Next >>

Other Popular 106th Congressional Bills Documents:

1 H.R. 287 (ih) To amend title II of the Social Security Act to provide that an [Introduced in House] ...
2 S. 1398 (es) To clarify certain boundaries on maps relating to the Coastal Barrier Resources System. [Engrossed in Senate] ...
3 H.Res. 234 (eh) [Engrossed in House] ...
4 S. 2203 (is) To amend title 26 of the Taxpayer Relief Act of 1986 to allow income averaging for fishermen without negative Alternative Minimum Tax treatment, for the creation of risk management accounts for fishermen and for other purposes. [Introduced in...
5 S. 2977 (es) To assist in the establishment of an interpretive center and museum in [Engrossed in Senate] ...
6 S.Con.Res. 126 (rfh) Expressing the sense of Congress that the President should support free and fair elections and respect for democracy in Haiti. [Referred in House] ...
7 S. 76 (is) To phase-out and repeal the Federal estate and gift taxes and the tax on generation-skipping transfers. [Introduced in Senate] ...
8 H.Con.Res. 408 (ih) Expressing appreciation for the United States service members who were aboard the British transport HMT ROHNA when it sank, the families of these service members, and the rescuers of the HMT ROHNA's passengers and crew. [Introduced in...
9 H.Con.Res. 207 (ih) Expressing the sense of Congress regarding support for the inclusion of salaries of Members of Congress in any proposed across-the-board reduction in fiscal year 2000 funding for Federal agencies. [Introduced in House] ...
10 H.R. 4884 (ih) To redesignate the facility of the United States Postal Service located at 200 West 2nd Street in Royal Oak, Michigan, as the ``William S. Broomfield Post Office Building''. [Introduced in House] ...
11 S. 101 (is) To promote trade in United States agricultural commodities, livestock, and value-added products, and to prepare for future bilateral and multilateral trade negotiations. [Introduced in Senate] ...
12 H.R. 1141 (rds) Making emergency supplemental appropriations for the fiscal year ending September 30, 1999, and for other purposes. [Received in the Senate] ...
13 S. 944 (rh) To amend Public Law 105-188 to provide for the mineral leasing of certain Indian lands in Oklahoma. [Reported in House] ...
14 S. 293 (es) To direct the Secretaries of Agriculture and Interior to convey certain lands in San Juan County, New Mexico, to San Juan College. [Engrossed in Senate] ...
15 S. 797 (is) To apply the Foreign Corrupt Practices Act of 1977 to the International Olympic Committee. [Introduced in Senate] ...
16 S. 416 (rh) To direct the Secretary of Agriculture to convey to the city of Sisters, Oregon, a certain parcel of land for use in connection with a sewage treatment facility. [Reported in House] ...
17 S. 2915 (is) To make improvements in the operation and administration of the Federal courts, and for other purposes. [Introduced in Senate] ...
18 S.Res. 267 (pcs) Directing the return of certain treaties to the President. [Placed on Calendar Senate] ...
19 S.Con.Res. 91 (enr) [Enrolled bill] ...
20 H.Con.Res. 377 (ih) Expressing the sense of Congress that the Supreme Court misinterpreted the First Amendment to the Constitution in the case of Buckley v. Valeo. [Introduced in House] ...
21 H.Con.Res. 348 (eh) [Engrossed in House] ...
22 H.R. 2970 (ih) To prescribe certain terms for the resettlement of the people of Rongelap Atoll due to conditions created at Rongelap during United States administration of the Trust Territory of the Pacific Islands, and for other purposes. [Introduced in...
23 H.Res. 368 (eh) ``\1\If the veteran served as sergeant major of the Army, senior [Engrossed in House] ...
24 H.Res. 29 (ath) Designating minority membership on certain standing committees of the House. [Agreed to House] ...
25 H.R. 2841 (ih) To amend the Revised Organic Act of the Virgin Islands to provide for greater fiscal autonomy consistent with other United States jurisdictions, and for other purposes. [Introduced in House] ...
26 H.R. 4435 (eh) To clarify certain boundaries on the map relating to Unit NC-01 of the Coastal Barrier Resources System. [Engrossed in House] ...
27 H.R. 4919 (enr) To amend the Foreign Assistance Act of 1961 and the Arms Export Control Act to make improvements to certain defense and security assistance provisions under those Acts, to authorize the transfer of naval vessels to certain foreign countrie...
28 H.J.Res. 84 (pcs) Making further continuing appropriations for the fiscal year 2000, and for other purposes. [Placed on Calendar Senate] ...
29 S. 29 (is) To amend section 1086 of title 10, United States Code, to provide for [Introduced in Senate] ...
30 S. 2581 (is) To provide for the preservation and restoration of historic buildings at historically women's public colleges or universities. [Introduced in Senate] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy