HISTORICAL BACKGROUND:

On January 17, 1893, the Native Hawaiian government was overthrown with the assistance of the United States minister and U.S. Marines. One hundred years later, on November 23, 1993, Public Law 103-150 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. This Act of Congress has come to be known as the Apology Resolution.

WHAT THE SUBSTITUTE AMENDMENT TO S. 344 PROVIDES:

S. 344 provides a process for the reorganization of the Native Hawaiian governing entity which includes the development of a base roll of the adult members of the Native Hawaiian community and the election of a Native Hawaiian Interim Governing Council that is charged with developing the organic governing documents of the Native Hawaiian governing entity.

The bill provides for the establishment of a Commission that would be charged with developing and maintaining the base roll, with certifying that each person on the roll meets the definition of "Native Hawaiian" contained in S. 344, and with submitting that roll to the Interior Secretary.

Upon the adoption of organic governing documents, the Native Hawaiian Interim Governing Council is to submit the documents to the Secretary of the Interior for review to assure that the documents are consistent with specified criteria. Once the Secretary has reviewed and approved the organic governing documents, the officers of the Native Hawaiian governing entity are to be elected by those defined as citizens of the Native Hawaiian governing entity in the organic governing documents. Following the Interior Secretary's approval of the Native Hawaiian governing entity's organic governing documents and the election of the officers of the Native Hawaiian governing entity, the bill provides for a reaffirmation by the United States of the political and legal relationship between the United States and the Native Hawaiian governing entity.

Thereafter, the United States, the State of Hawaii, and the Native Hawaiian governing entity are authorized to enter into negotiations designed to reach agreements on such matters as: the transfer of lands, natural resources and other assets; the exercise of governmental authority over any transferred lands, natural resources and other assets; the exercise of civil and criminal jurisdiction; the delegation of governmental powers and authorities to the Native Hawaiian governing entity by the United States and the State of Hawaii; and any residual responsibilities of the United States and the State of Hawaii.

As the governmental parties reach agreement on one or more of these matters, the bill provides that they shall submit recommendations to the Congress and to the Hawaii State legislature for proposed amendments to Federal and State law that will enable the implementation of the agreements reached between the three governments.

The bill makes clear that nothing in the Act serves as a settlement of any claims against the United States, and establishes a 20-year time frame for the filing of any claim against the United States arising under Federal law in the U.S. District Court for the District of Hawaii.

The bill also establishes the Office of Native Hawaiian Relations in the Department of the Interior and establishes the Native Hawaiian Interagency Coordinating Group to be composed of officials from Federal agencies with policies, services, and programs impacting Native Hawaiians.

WHAT THE BILL DOES NOT PROVIDE:

No New Federal Outlays: Because the Congress, beginning in 1910, has enacted over 160 Federal laws to address the conditions of Native Hawaiians, including Federal support for Native Hawaiian education, health care, housing, job training and employment, language preservation, as well as cultural and Native grave protections, the Congressional Budget Office has confirmed that S. 344 will not entail any new significant Federal outlays that might otherwise be anticipated with the recognition by the United States of a Native government.

Federal programs for Native Hawaiians are already in place and are generally funded out of non-Interior Department appropriations accounts, and thus do not compete with program funding for American Indians and Alaska Natives. In the cost and budgetary considerations prepared by the Congressional Budget Office (CBO) on S. 344, the CBO states that "S. 344 would have no significant impact on the Federal budget."

No Intergovernmental or Private-Sector Mandates: The Congressional Budget Office cost estimate on S. 344 also states that "S. 344 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would impost no costs on state, local or tribal governments."

No Gaming or Eligibility for BIA Programs: S. 344 makes clear that the Native Hawaiian governing entity will not be authorized to conduct gaming under the authority of Federal law - the Indian Gaming Regulatory Act, and all forms of gaming are criminally prohibited under the laws of the State of Hawaii. S. 344 also provides that the bill is not an authorization for eligibility to participate in any programs and services provided by the Bureau of Indian Affairs for any persons who are not otherwise eligible for such programs or services.

SUPPORT FOR S. 344:

Hawaii State Legislature and the Governor of the State of Hawaii: In two consecutive sessions of the Hawaii State Legislature, the legislature has adopted resolutions supporting the recognition by the United States of a Native Hawaiian governing entity. In her testimony before the U.S. Senate Committee on Indian Affairs on February 25, 2003, the Governor of the State of Hawaii, the Honorable Linda Lingle, expressed her strong support for legislation to provide for the reorganization of the Native Hawaiian governing entity and the Federal reaffirmation of the political and legal relationship between the United States and the Native Hawaiian governing entity.

National Congress of American Indians and Alaska Federation of Natives: In resolutions adopted by the oldest and largest national Indian organization, the National Congress of American Indians, and the largest organization representing the Native people of Alaska, the Alaska Federation of Natives, the members of both groups have consistently expressed their strong support for enactment of a bill to provide for recognition by the United States of a Native Hawaiian governing entity.

LEGISLATIVE HISTORY:

S. 344 was introduced on February 11, 2003, by Senator Akaka, for himself and Senator Inouye, and was referred to the Senate Committee on Indian Affairs. A hearing was held on S. 344 on February 25, 2003, and the bill was ordered favorably reported to the full Senate by the Committee on May 14, 2003. An amendment in the nature of a substitute to S. 344 will be filed in the Senate on Wednesday, April 7, 2004.