Getting to Know the Issues: Brief Summary of the Akaka Bill

S. 1011 and H.R. 2314 as introduced May 7, 2009

Section 1  SHORT TITLE: This section explains that this Act may be cited as the ‘Native Hawaiian Government Reorganization Act of 2009′.

Section 2  FINDINGS: This section lists a number of things that Congress finds to be true and sets the foundation for the rest of the bill by explaining the facts that make the legislation possible and necessary. For example, Congress finds that the United States has the authority and a special trust responsibility to promote the welfare of the Native Hawaiian people, and that its past actions have repeatedly reaffirmed this responsibility.

Section 3  DEFINITIONS: This section defines language and terminology used in the rest of the bill.

Section 4  UNITED STATES POLICY and PURPOSE: This section reaffirms the United States policy on Native Hawaiians, the indigenous, people of Hawai’i, which states the United States’ commitment to the process of reconciliation. It also states the purpose of the bill is to provide a process for U.S. recognition of a reorganized Native Hawaiian government entity, and the reaffirmation of the political and legal relationship between the United States and the Native Hawaiian government for the purposes of continuing a government-to-government relationship.

Section 5  ESTABLISHMENT OF THE UNITED STATES OFFICE FOR NATIVE HAWAIIAN AFFAIRS: This section establishes an office within the Department of Interior’s Office of the Secretary to: 1) represent the United States in its relations with Native Hawaiians and their governing entity; 2) continue to coordinate the trust relationship with Native Hawaiians; 3) provide regular consultation with Native Hawaiians, federal agencies, and relevant State agencies, and 4) continue the process of reconciliation. This office serves as a single-point of contact for Native Hawaiians and their governing entity to access and deal with the federal government.

Section 6  NATIVE HAWAIIAN INTERAGENCY TASK FORCE: This section establishes an interagency task force made up of federal officials designated by the President. The task force helps to coordinate all federal agency policies that impact Native Hawaiians, their resources, rights or lands, and to assure that each federal agency develops a policy on consultation with the Native Hawaiian governing entity.

Section 7  PROCESS FOR THE REORGANIZATION OF THE NATIVE HAWAIIAN GOVERNING ENTITY AND THE REAFFIRMATION OF THE SPECIAL POLITICAL AND LEGAL RELATIONSHIP BETWEEN THE UNITED STATES AND THE NATIVE HAWAIIAN GOVERNING ENTITY: This section outlines the process of forming a Native Hawaiian government and the process of receiving federal recognition. This section provides for the establishment of a commission appointed by the Secretary of the Interior for the purpose of developing and maintaining a base roll listing of all adult members of the Native Hawaiian community who wish to participate in the reorganization of a Native Hawaiian government. This section also specifies the eligibility requirements for inclusion on the roll. Individuals included on the roll are able to elect a Native Hawaiian Interim Governing Council to create organic governing documents and hold elections for government officials. The Secretary reviews the organic governing documents and certifies that basic requirements, such as consistency with federal law, are met. After certification and the election of officers, the United States can formally extend federal recognition to the new Native Hawaiian government as the representative governing body of the Native Hawaiian people.

Section 8 REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY; NEGOTIATIONS; CLAIMS: This section first reaffirms delegation in the Admission Act of federal authority to the State of Hawaii to address the conditions of Native Hawaiians. This section also authorizes the federal government to negotiate and enter into an agreement with the State of Hawaii and the Native Hawaiian government for the transfer and protection of lands, resources and assets; exercise of civil and criminal jurisdiction; delegation of governmental powers and authorities to the Native Hawaiian governing entity; grievances.  This section also provides a process to submit proposed amendments to federal law that will enable the implementation of agreements, provides disclaimers stating that nothing in this act creates a cause of action against the United States, alters existing law regarding US obligations to Native Hawaiians, creates new obligations, or establishes authority for the recognition of other Native Hawaiian groups.  This section also asserts federal and state sovereign immunity against potential breach of trust, land, resource protection or management claims brought by or on behalf of the Native Hawaiian governing entity; the subsection also retains sovereign immunity against pre-existing claims.  Also in this section, the State retains its sovereign immunity, unless waived in accord with state law.

Section 9  APPLICABILITY OF CERTAIN FEDERAL LAWS: This section states that Gaming under the Indian Gaming Regulatory Act is prohibited and that Native Hawaiians have no inherent right to conduct gaming, in Hawaii or any other State or Territory; the Secretary will not take land into trust; no real property transfers will be allowed under the Indian Trade and Intercourse Act; there will be one Native Hawaiian entity recognized; the Act would not alter Federal or State civil or criminal jurisdiction; Native Hawaiians will not be authorized to participate in any Indian program or service not otherwise eligible for under Federal law; Native Hawaiian governing entity and citizens will be eligible for Native Hawaiian programs and services to the extent and manner provided in other applicable laws.

Section 10  SEVERABILITY: This section states that if any part of the bill is rendered invalid, Congress intends for the rest of the bill to continue in full force and effect.

Section 11  AUTHORIZATION OF APPROPRIATIONS: This section authorizes the appropriation of funds necessary to accomplish the activities in the bill.