US Congress House Bill 2314 (Prior Session Legislation)

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Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: Engrossed on February 24 2010 - 50% progression, died in chamber
Action: 2010-03-16 - Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 319.
Text: Latest bill text (Introduced) [PDF]

Native Hawaiian Government Reorganization Act of 2010 - (Sec. 3) Defines terms, including "qualified Native Hawaiian constituent." Includes among the requirements to be such a constituent that the individual be an individual who: (1) is one of the indigenous, native people of Hawaii and who is a direct lineal descendant of the aboriginal, indigenous, native people who resided in the islands that now comprise the state of Hawaii on or before January 1, 1893, or is 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, 1920; (2) wishes to participate in the reorganization of the Native Hawaiian governing entity; (3) is 18 years old or older; (4) is a U.S. citizen; and (5) maintains a significant cultural, social, or civic connection to the Native Hawaiian community, as specified. (Sec. 5) Establishes the U.S. Office for Native Hawaiian Relations within the Office of the Secretary of the Interior. Directs the Office to: (1) continue the process of reconciliation with the Native Hawaiian people in furtherance of the Apology Resolution (P.L. 103-150, 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); (2) upon the reaffirmation of the government-to-government relationship between the single 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 of the Interior, and with all other federal agencies; (3) provide timely notice to, and consult with, the Native Hawaiian governing entity before taking any actions that may have the potential to significantly affect Native Hawaiian resources, rights, or lands; (4) work with the Interagency Coordinating Group, other federal agencies, and the state of Hawaii on policies, practices, and proposed actions affecting Native Hawaiian resources, rights, or lands; and (5) prepare and submit to specified congressional committees 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 may provide recommendations for any necessary changes to federal law or regulations. (Sec. 6) Establishes the Native Hawaiian Interagency Coordinating Group to be composed of: (1) each federal agency whose actions may significantly or uniquely impact Native Hawaiian programs, resources, rights, or lands; and (2) the Office. Designates the Department of the Interior and the White House Office of Intergovernmental Affairs to serve as the leaders of the Interagency Coordinating Group. Directs the Interagency Coordinating Group to: (1) coordinate federal programs and policies that affect Native Hawaiians or actions by any federal agency or agencies that may significantly or uniquely affect Native Hawaiian resources, rights, or lands; (2) consult with the Native Hawaiian governing entity, but only after the satisfaction of conditions specified in section 8; and (3) ensure the participation of each federal agency in the development of the report to Congress authorized in section 5. (Sec. 7) Directs the Attorney General to designate an appropriate official within the Department of Justice (DOJ) to assist the Office in the implementation and protection of the rights of Native Hawaiians and their political and legal relationship with the United States, and upon the recognition of the Native Hawaiian governing entity, in the implementation and protection of the rights of the Native Hawaiian governing entity and its political and legal relationship with the United States. (Sec. 8) Recognizes the right of qualified Native Hawaiian people to reorganize the single Native Hawaiian governing entity to provide for their common welfare and to adopt appropriate organic governing documents. Establishes a Commission to: (1) prepare and maintain a roll of qualified qualified Native Hawaiian constituents; and (2) certify that those on the roll meet the definition of a qualified Native Hawaiian constituent. Specifies Commission composition and membership requirements. Sets forth requirements related to inclusion on, and publication of, the roll and appeal rights of those excluded. Outlines the process for the reorganization, which includes forming a Native Hawaiian Interim Governing Council. Reaffirms the special political and legal relationship between the United States and the Native Hawaiian governing entity upon certification required by the Secretary of the organic governing documents and the election of the entity's officers. Extends federal recognition to the governing entity as the representative governing body of the Native Hawaiian people. (Sec. 9) Reaffirms the delegation by the United States of authority to the state of Hawaii to address the conditions of the indigenous, native people of Hawaii contained in P.L. 86-3, commonly known as the Hawaii Statehood Admission Act. Provides that, once the United States extends federal recognition to the Native Hawaiian governing entity, the United States will recognize and affirm the Native Hawaiian governing entity's inherent power and authority to determine its own membership criteria, to determine its own membership, and to grant, deny, revoke, or qualify membership without regard to whether any person was or was not deemed to be a qualified Native Hawaiian constituent under this Act. Authorizes the United States, upon the reaffirmation of such political and legal relationship, together with the state of Hawaii, to enter into negotiations with the governing entity to lead to an agreement addressing specified matters, including: (1) the transfer of federal and Hawaiian lands, natural resources, and other assets; (2) the protection of existing rights related to such lands or resources; (3) the exercise of authority over such lands, resources, and assets; (4) the exercise of the authority to tax and other authorities related to governance; and (4) historical wrongs committed by the United States or the state of Hawaii. (Sec. 10) Specifies the applicability of certain federal laws, including: (1) prohibiting gaming; and (2) stating that nothing in this Act extends eligibility for any Indian program or service to the Native Hawaiian governing entity or its members unless a statute governing such a program or service expressly provides that Native Hawaiians or the Native Hawaiian governing entity is eligible for such program or service. (Sec. 12) Authorizes appropriations.

Native Hawaiian Government Reorganization Act of 2010

Rep. Neil Abercrombie [D-HI]	Rep. Madeleine Bordallo [D-GU]	Rep. Donna Christensen [D-VI]	Rep. Tom Cole [R-OK]
Rep. Eni Faleomavaega [D-AS]	Sen. Mazie Hirono [D-HI]	Rep. Dale Kildee [D-MI]	Rep. James Moran [D-VA]
Rep. Gregorio Sablan [D-MP]	Rep. Gregorio Sablan [D-MP]	Rep. Don Young [R-AK]

Date	Chamber	Action
2010-03-16		Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 319.
2010-03-15		Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
2010-02-24		Received in the Senate.
2010-02-23		Motion to reconsider laid on the table Agreed to without objection.
2010-02-23		On passage Passed by the Yeas and Nays: 245 - 164 (Roll no. 59).
2010-02-23		The previous question was ordered pursuant to the rule. (consideration: CR H730)
2010-02-23		H.AMDT.570 On agreeing to the Abercrombie amendment (A001) Agreed to by the Yeas and Nays: 245 - 164 (Roll no. 58).
2010-02-23		H.AMDT.572 On agreeing to the Flake amendment (A003) Failed by the Yeas and Nays: 177 - 233 (Roll no. 57).
2010-02-23		H.AMDT.571 On agreeing to the Hastings (WA) amendment (A002) Failed by the Yeas and Nays: 163 - 241 (Roll no. 56).
2010-02-23		UNFINISHED BUSINESS - The Chair announced that proceedings would now resume on amendments debated earlier and on which further proceedings had been postponed.
2010-02-23		POSTPONED VOTE - At the conclusion of debate on the Flake amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Flake demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2010-02-23		DEBATE - Pursuant to the provisions of H. Res. 1083, the House proceeded with 10 minutes of debate on the Flake amendment to the Abercrombie amendment in the nature of a substitute.
2010-02-23		H.AMDT.572 Amendment (A003) offered by Mr. Flake to the Abercrombie amendment (A001). (consideration: CR H726-728, H729-730; text: CR H727)An amendment numbered 2 printed in part B of House Report 111-413 to the Abercrombie amendment in the nature of a substitute to state that nothing in the Act shall relieve a Native Hawaiian governing authority from complying with the equal protection clause of the 14th amendment to the United States Constitution.
2010-02-23		POSTPONED VOTE - At the conclusion of debate on the Hastings (WA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Hastings (WA) demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2010-02-23		DEBATE - Pursuant to the provisions of H. Res. 1083, the House proceeded with 10 minutes of debate on the Hastings (WA) amendment to the Abercrombie amendment in the nature of a substitute.
2010-02-23		H.AMDT.571 Amendment (A002) offered by Mr. Hastings (WA) to the Abercrombie amendment (A001). (consideration: CR H725-726, H728-729; text: CR H725)Amendment sought to require that the voters of Hawaii approve the governing documents for the Native Hawaiian governing entity before federal recognition becomes operative.
2010-02-23		DEBATE - Pursuant to the provisions of H. Res. 1083, the House proceeded with 30 minutes of debate on the Abercrombie amendment in the nature of a substitute.
2010-02-23		H.AMDT.570 Amendment (A001) in the nature of a substitute offered by Mr. Abercrombie. (consideration: CR H714-725, H730; text: CR H714-720)Amendment in the nature of a substitute clarifies the definition of "Native Hawaiian" to ensure that the Native Hawaiian governing entity is a distinctly native community. While recognizing and affirming the sovereign immunity of the Native Hawaiian governing entity, the amendment expressly states the Act does not alter the sovereign immunity of the United States or the State of Hawaii allowing for negotiations. The amendment further clarifies that, pending negotiations and subsequent implementation legislation the following will occur: there will be no "Indian Country" within Hawaii; the United States will not take land into trust, nor restrict alienability of land owned by the Native Hawaiian governing entity; the governing entity may not exercise certain powers and authorities such as jurisdiction over non Native Hawaiian individuals without their consent; and the Stat
2010-02-23		DEBATE - The House proceeded with one hour of debate on H.R. 2314.
2010-02-23		Rule provides for consideration of H.R. 2314 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
2010-02-23		Considered under the provisions of rule H. Res. 1083. (consideration: CR H700-714, H714-731; text of measure as reported in House: CR H700-704)
2010-02-23		Rule H. Res. 1083 passed House.
2010-02-22		Rules Committee Resolution H. Res. 1083 Reported to House. Rule provides for consideration of H.R. 2314 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.
2010-02-22		Placed on the Union Calendar, Calendar No. 241.
2010-02-22		Reported by the Committee on Natural Resources. H. Rept. 111-412.
2009-12-16		Ordered to be Reported by the Yeas and Nays: 26 - 13.
2009-12-16		Committee Consideration and Mark-up Session Held.
2009-06-11		Committee Hearings Held.
2009-05-07		Referred to the House Committee on Natural Resources.

HR1083 (Related) 2010-02-23 - Motion to reconsider laid on the table Agreed to without objection.
HB862 (Related) 2009-07-23 - Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
HB1711 (Related) 2009-03-25 - Referred to the House Committee on Natural Resources.
SB381 (Related) 2009-02-04 - Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S1547-1550)
SB708 (Related) 2009-03-25 - Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S3798-3801)
SB1011 (Same As) 2010-03-11 - Placed on Senate Legislative Calendar under General Orders. Calendar No. 314.
SB3945 (Related) 2010-11-15 - Read twice and referred to the Committee on Indian Affairs.

Type	Source
Summary	https://www.congress.gov/bill/111th-congress/house-bill/2314/all-info
Text	https://www.congress.gov/111/bills/hr2314/BILLS-111hr2314ih.pdf
Text	https://www.congress.gov/111/bills/hr2314/BILLS-111hr2314rh.pdf
Text	https://www.congress.gov/111/bills/hr2314/BILLS-111hr2314eh.pdf
Text	https://www.congress.gov/111/bills/hr2314/BILLS-111hr2314pcs.pdf