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| Native Hawaiian Reorganization Act | |
|---|---|
| Name | Native Hawaiian Reorganization Act |
| Longtitle | Act to provide a process for the reorganization and recognition of an appropriate Native Hawaiian governing entity |
| Enactedby | United States Congress |
| Introducedin | House of Representatives |
| Introducedby | (various) |
| Introduceddate | (various sessions) |
| Passed | (various sessions) |
| Status | Proposed / enacted variants |
Native Hawaiian Reorganization Act The Native Hawaiian Reorganization Act is a United States federal statute and legislative proposal addressing the recognition, reorganization, and federal relationship of a Native Hawaiian governing entity. It intersects with issues addressed by the United States Constitution, the Apology Resolution, the Hawaiian Homes Commission Act of 1920, and decisions of the United States Supreme Court, and it has prompted debate among entities such as the Department of the Interior, the Department of Justice, the Office of Hawaiian Affairs, and various Native Hawaiian organizations.
The Act arises from historical events including the Overthrow of the Hawaiian Kingdom, the Annexation of Hawaii, the Newlands Resolution, and subsequent territorial and state developments culminating in the Admission of Hawaii as a state. It engages precedents such as United States v. Wong Kim Ark, Lone Wolf v. Hitchcock, Morton v. Mancari, and the Kagama v. United States line of tribal jurisprudence, while responding to the 1993 United States Public Law 103-150 ("Apology Resolution") and policy actions by the Bureau of Indian Affairs. The statute situates Native Hawaiian status alongside recognized indigenous entities like the Cherokee Nation, the Navajo Nation, the Federated States of Micronesia relationships, and U.S. trust doctrines established in cases like United States v. Shoshone Tribe of Indians.
Proposed and enacted language typically addresses mechanisms for recognition, organization, and the establishment of a governing entity, drawing on models from the Indian Reorganization Act of 1934, the Indian Reorganization Act Amendments, and structures used by the Seneca Nation of New York and the Alaska Native Claims Settlement Act. Provisions include criteria for membership, procedures for drafting constitutions, trust and land management authorities referencing the Hawaiian Homes Commission Act of 1920 trust principles, access to federal benefits paralleling those of the Pueblo peoples and the Tlingit and Haida Indian Tribes of Alaska, and consultations guided by the United Nations Declaration on the Rights of Indigenous Peoples and Executive Orders from the Presidency of the United States.
Congressional consideration spans multiple sessions involving legislators from the United States House of Representatives and the United States Senate, hearings before committees such as the House Natural Resources Committee and the Senate Energy and Natural Resources Committee, and testimony from stakeholders including the Office of Hawaiian Affairs, the Native Hawaiian Legal Corporation, and community groups like Nā Maka ʻOiwi. Debates juxtaposed models used in the Indian Reorganization Act era, interpretations of the Apology Resolution, concerns raised by Representatives and Senators, and input from federal agencies such as the Department of the Interior and the Department of Justice, with interventions by scholars from institutions like the University of Hawaii at Mānoa.
Litigation has reached federal courts including the United States Court of Appeals for the Ninth Circuit and the United States Supreme Court, invoking cases comparable to Rice v. Cayetano, Hawaii v. Office of Hawaiian Affairs and challenges grounded in the Equal Protection Clause and statutory interpretation doctrines. Plaintiffs and defendants have included the State of Hawaii, the Office of Hawaiian Affairs, community organizations, and federal agencies. Opinions have examined the interplay between recognition statutes, voting rights precedents established in Baker v. Carr and Shelby County v. Holder, and trust responsibilities outlined in United States v. Mitchell.
The Act affects entities managing lands and resources under frameworks like the Hawaiian Homes Commission Act of 1920, the Kamehameha Schools land holdings, and coastal and cultural resource protections relevant to Hoʻokupu and wahi kūpuna stewardship. It informs relations with institutions such as the State of Hawaii Department of Land and Natural Resources, the U.S. Fish and Wildlife Service, and the National Park Service regarding places like Puʻuhonua o Hōnaunau National Historical Park and Haleakalā National Park. Outcomes influence access to federal funding patterns seen in programs with the Administration for Native Americans, land trust models like the Tebay Lineage (analogous examples), and governance parallels to the Hopi Tribe and Choctaw Nation.
Responses have varied among entities including the Office of Hawaiian Affairs, Hawaiʻi Maoli groups, the Hawaiian Civic Club networks, advocacy organizations such as the Native Hawaiian Legal Corporation, cultural practitioners associated with Kamehameha Schools, community councils from areas like Molokaʻi and Kauaʻi, and academic commentators at the Hawaiʻi State Legislature hearings. Positions reflect divergent views on sovereignty, federal recognition analogous to tribes such as the Mashpee Wampanoag Tribe or the Shinnecock Indian Nation, and preferences for state-based solutions echoed in debates involving the Governor of Hawaii and county mayors.
The Act interfaces with federal statutes and policies like the Hawaiian Homes Commission Act of 1920, the Apology Resolution, the Indian Self-Determination and Education Assistance Act, and administrative rules promulgated by the Department of the Interior and the Bureau of Indian Affairs. State-level measures include actions by the Hawaii State Legislature, the Office of Hawaiian Affairs' programs, county ordinances in Honolulu, Maui County, and the Hawaii County administration, and interactions with federal programs administered by agencies such as the National Oceanic and Atmospheric Administration and the Environmental Protection Agency concerning maritime and environmental stewardship.
Category:Native Hawaiian politics