S. 147/H.R. 309: Process for Federal Recognition of a Native Hawaiian Governmental Entity (CRS Report for Congress)
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| Release Date |
Revised Oct. 11, 2005 |
| Report Number |
RL33101 |
| Report Type |
Report |
| Authors |
M. Maureen Murphy, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
S. 147 / H.R. 309 , companion bills introduced in the 109th Congress,
represent an effort to accord to Native Hawaiians a means of forming a governmental entity that
could enter into government-to-government relations with the United States. This entity would be
empowered to negotiate with the State of Hawaii and with the federal government regarding the
transfer of land and the exercise of governmental power and jurisdiction. There was similar
legislation in the 106th, 107th, and 108th Congresses; the House passed a Native Hawaiian
recognition
bill, H.R. 4904 , in the 106th Congress. While the Senate did not pass H.R.
4904, the bill would have been enacted through a provision in the Consolidated Appropriations Act,
2001 ( H.R. 4577 , P.L. 106-554 ), until a Senate concurrent resolution removed the
provision by correcting the enrollment of H.R. 4577 ( S.Con.Res. 162 ).
This report describes the provisions of the reported version of S. 147 ; outlines
some federal statutes and recent cases which might be relevant to the issue of federal recognition of
a Native Hawaiian entity; and recounts some legal arguments that have been presented in the debate
on this legislation. It includes a brief outline of the provisions of a substitute amendment expected
to be offered in lieu of the reported version of S. 147, when Senate debate, which was
interrupted by the filing of a cloture motion on July 29, resumes. The substitute amendment is the
product of discussions that have included congressional, executive, and State of Hawaii officials.
S. 147 has again been placed on the Senate Calendar. This report will be updated as
warranted by legislative activity.
