Native Hawaiian Recognition Act of 2003
Latest action · Apr 21, 2004 Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedFeb 11, 2003
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Native Hawaiian Recognition Act of 2003 - (Sec. 5) Establishes the U.S. Office for Native Hawaiian Relations (Office) within the Office of the Secretary of the Interior.
(Sec. 6) Establishes the Native Hawaiian Interagency Coordinating Group to: (1) coordinate Federal programs and policies or actions that may significantly or uniquely affect Native Hawaiian resources, rights, or lands; (2) ensure that each Federal agency develops a policy on consultation with Native Hawaiians; and (3) ensure the participation of such agencies in the development of an annual report to Congress.
(Sec. 7) Recognizes the right of the Native Hawaiian people to adopt organic governing documents.
Requires the Office to maintain a roll of the names of the adult members of the Native Hawaiian community who elect to participate in the reorganization of the Native Hawaiian governing entity. Provides for: (1) certification of the roll; (2) its publication; (3) appeal by any eligible person excluded from it; (4) its publication when an appeal is pending; (5) its update and publication on the final disposition of an appeal; and (6) publication of the roll by the Office if the Secretary fails to publish it within 90 days after its submission to the Secretary.
Requires the published roll to serve as the basis for the eligibility of adult members of the Native Hawaiian community whose names are listed on it to participate in all referenda and elections associated with the reorganization.
Authorizes the adult members to: (1) develop criteria for candidates to be elected to serve on the Native Hawaiian Interim Governing Council; (2) determine the structure of the Council; and (3) elect to the Council members from individuals listed on the published roll.
Authorizes the Council to conduct a referendum among the adult members of the Native Hawaiian community listed on the published roll to determine, among other things, the proposed: (1) elements of the organic governing documents; (2) criteria for citizenship of the government; (3) powers and authorities to be exercised by the government as well as its proposed privileges and immunities; and (4) civil rights and protection of the rights of the citizens of the government and all persons subject to its authority.
Authorizes the Council to: (1) develop proposed organic governing documents for the governing entity and distribute them to all adult members of the Native Hawaiian community listed on the published roll; (2) hold elections to ratify the proposed documents; and (3) when the documents are certified by the Secretary, hold elections of the officers of the Native Hawaiian government.
Authorizes the Office, on the Council's request, to assist in conducting the election.
Terminates the Council and rescinds its power or authority under this Act after the duly elected officers take office.
Provides that following the organization of a Native Hawaiian governing entity and the adoption of such documents, the Council shall submit those documents to the Secretary. Requires the Secretary to certify that such documents meet specified criteria. Authorizes the Council, after the certification, to hold elections of the officers of the Native Hawaiian government.
Extends Federal recognition to the governing entity as the representative governing body of the Native Hawaiian people upon election of officers and certification by the Secretary.
(Sec. 8) Authorizes the United States and the State of Hawaii, upon Federal recognition of the Native Hawaiian governing entity, to enter into an agreement with such governing entity regarding: (1) the transfer of lands, natural resources, and other assets; and (2) the exercise of governmental authority over them.
(Sec. 10) Declares that the prohibition under Federal criminal law against involvement by a Federal government officer or employee in particular matters if the officer or employee, or spouse or minor child of the officer or employee, has a financial interest shall not apply to Native Hawaiians employed by the Office, if the financial interest that would be affected by the particular matter involved results solely from the status of the individual, spouse, or minor child as a Native Hawaiian.
(Sec. 12) Authorizes appropriations.
Cosponsors 7
Members who signed on, in the order they did. Signatures ran from Feb 11, 2003 to Jun 24, 2004; 1 is an original cosponsor, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-HI | Daniel K. Inouye | Original | Feb 11, 2003 |
| D-NV | Harry Reid | Feb 27, 2003 | |
| R-AK | Ted Stevens | Mar 17, 2003 | |
| R-UT | Orrin G. Hatch | Nov 12, 2003 | |
| R-OR | Gordon H. Smith | Dec 9, 2003 | |
| R-CO | Ben Nighthorse Campbell | Apr 21, 2004 | |
| D-DE | Thomas R. Carper | Jun 24, 2004 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Indian Affairs Committee | Referred Feb 12, 2003Hearings Feb 25, 2003Markup May 14, 2003Reported Jun 27, 2003Markup Apr 21, 2004 |
Actions 9
Everything that happened, newest first.
- Apr 21, 2004Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Jul 2, 2003Star Print ordered on the reported bill.
- Jun 27, 2003Committee on Indian Affairs. Reported by Senator Campbell with an amendment in the nature of a substitute. With written report No. 108-85.
- Jun 27, 2003Placed on Senate Legislative Calendar under General Orders. Calendar No. 185.
- May 14, 2003Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
In the Congressional Record 5
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate | Debate and remarks S11234 | Daniel K. Akaka D-HI, Daniel K. Inouye D-HI, Jon Kyl R-AZ, Pete V. Domenici R-NM | Oct 11, 2004 |
| Senate | Amendments S8916 | Daniel K. Inouye D-HI (amendment) | Sep 7, 2004 |
| Senate | Amendments S4026 | Daniel K. Inouye D-HI (amendment) | Apr 8, 2004 |
| Senate | Amendments S3946 | Daniel K. Akaka D-HI (amendment) | Apr 7, 2004 |
| Senate | Debate and remarks S2201Text printed S2202–S2204 | Daniel K. Akaka D-HI (text) | Feb 11, 2003 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 4
- May 3, 2004S. 344, Native Hawaiian Govenment Reorganization Act of 2004<p>Cost estimate for the bill as ordered reported by the Senate Committee on Indian Affairs on April 21, 2004</p>
- May 3, 2004S. 344, Native Hawaiian Govenment Reorganization Act of 2004Cost estimate for the bill as ordered reported by the Senate Committee on Indian Affairs on April 21, 2004
- May 30, 2003S. 344, Native Hawaiian Recognition Act of 2003<p>Cost estimate for the bill as ordered reported by the Senate Committee on Indian Affairs on May 14, 2003</p>
- May 30, 2003S. 344, Native Hawaiian Recognition Act of 2003Cost estimate for the bill as ordered reported by the Senate Committee on Indian Affairs on May 14, 2003
Printed hearings 2
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| S. Hrg. 108-673 | NATIVE AMERICAN CAPITAL FORMATION AND ECONOMIC DEVELOPMENT ACT112 pages | Indian Affairs Committee | Jul 21, 2004 |
| S. Hrg. 108-27 | NATIVE HAWAIIAN RECOGNITION401 pages | Indian Affairs Committee | Feb 25, 2003 |
Amendments 2
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| SA 3043 | No description on file | Daniel K. Akaka D-HI | Senate amendment submitted |
| SA 3576 | No description on file | Daniel K. Inouye D-HI | Senate amendment submitted |
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 665 | 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. | Identical bill | Feb 27, 2003 |
| HR 4282 | Native Hawaiian Government Reorganization Act of 2004 | Related bill | Oct 6, 2004 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- A bill expressing 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.
- Short Titles as Reported to Senate
- Native Hawaiian Recognition Act of 2003
Subjects
Assigned by the Library of Congress. Policy area: Native Americans.
- Administrative procedure
- Civil Rights and Liberties, Minority Issues
- Congress
- Delegation of powers
- Department of the Interior
- Executive reorganization
- Federal-Indian relations
- Federal-state relations
- Government Operations and Politics
- Hawaii
- Hawaiians
- Homestead law
- Housing and Community Development
- Indian lands
- Land transfers
- Law
- Legislation
- Legislative resolutions
- Minorities
- Native Americans
- Public Lands and Natural Resources
- State government-Indian relations
- State laws
- Statehood (American politics)
Text 2
Each version as it was printed, newest first.
- Jun 27, 2003Reported to Senate
- Feb 11, 2003Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.