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Bills 112s675is

Bills 112s675is

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Published by Capsun M. Poe

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Published by: Capsun M. Poe on Apr 05, 2011
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04/05/2011

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II
112
TH
CONGRESS1
ST
S
ESSION
 
S. 675
To express the policy of the United States regarding the United Statesrelationship with Native Hawaiians and to provide a process for therecognition by the United States of the Native Hawaiian governingentity.
IN THE SENATE OF THE UNITED STATES
M
ARCH
30, 2011Mr. A 
KAKA 
(for himself, Mr. I
NOUYE
, Mr. B
EGICH
, and Ms. M
URKOWSKI
) in-troduced the following bill; which was read twice and referred to the Com-mittee on Indian Affairs
A BILL
To express the policy of the United States regarding theUnited States relationship with Native Hawaiians andto provide a process for the recognition by the UnitedStates of the Native Hawaiian governing entity.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Native Hawaiian Gov-
4
ernment Reorganization Act of 2011’’.
5
SEC. 2. FINDINGS.
6
Congress finds that—
7
VerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S675.IS S675
tjames on DSKG8SOYB1PROD with BILLS
 
2
S 675 IS
(1) the Constitution vests Congress with the au-
1
thority to address the conditions of the indigenous,
2
native people of the United States and the Supreme
3
Court has held that under the Indian Commerce,
4
Treaty, Supremacy, and Property Clauses, and the
5
War Powers, Congress may exercise that power to
6
rationally promote the welfare of the native peoples
7
of the United States so long as the native people are
8
a ‘‘distinctly native community’’;
9
(2) Native Hawaiians, the native people of the
10
Hawaiian archipelago that is now part of the United
11
States, are 1 of the indigenous, native peoples of the
12
United States, and the Native Hawaiian people are
13
a distinctly native community;
14
(3) the United States has a special political and
15
legal relationship with, and has long enacted legisla-
16
tion to promote the welfare of, the native peoples of 
17
the United States, including the Native Hawaiian
18
people;
19
(4) under the authority of the Constitution, the
20
United States concluded a number of treaties with
21
the Kingdom of Hawaii, and from 1826 until 1893,
22
the United States—
23
(A) recognized the sovereignty of the King-
24
dom of Hawaii as a nation;
25
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3
S 675 IS
(B) accorded full diplomatic recognition to
1
the Kingdom of Hawaii; and
2
(C) entered into treaties and conventions
3
of peace, friendship and commerce with the
4
Kingdom of Hawaii to govern trade, commerce,
5
and navigation in 1826, 1842, 1849, 1875, and
6
1887;
7
(5) pursuant to the Hawaiian Homes Commis-
8
sion Act, 1920 (42 Stat. 108, chapter 42), the
9
United States set aside approximately 203,500 acres
10
of land in trust to better address the conditions of 
11
Native Hawaiians in the Federal territory that later
12
became the State of Hawaii and in enacting the Ha-
13
waiian Homes Commission Act, 1920, Congress ac-
14
knowledged the Native Hawaiian people as a native
15
people of the United States, as evidenced by the
16
Committee Report, which notes that Congress relied
17
on the Indian affairs power and the War Powers, in-
18
cluding the power to make peace;
19
(6) by setting aside 203,500 acres of land in
20
trust for Native Hawaiian homesteads and farms,
21
the Hawaiian Homes Commission Act, 1920, assists
22
the members of the Native Hawaiian community in
23
maintaining distinctly native communities through-
24
out the State of Hawaii;
25
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