102nd Congress

2nd Session

S._________________

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IN THE SENATE OF THE UNITED STATES

To amend the Statehood Admissions Act of 1959, and recognition of an independent government of the Hawaiian Kingdom, and to authorize the termination and administrative transfer of U.S. Federal and State legislative enactments and programs to the government established by, and determined by the indigenous sovereign Hawaiians.

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(Date of introduction (legislative day,_____), 1992

(Person introducing (for himself and_____________)

introduced the following bill; which was read twice and referred to the Committee on ____________________________.

_____________________

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A BILL

To authorize the reorganization of the Government of the Hawaiian Kingdom and re-establish a fiduciary relationship based on treaties and or compacts, to establish full and formal government to government relationship between the Hawaiian Kingdom and the United States of America.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that this Act may be cited as the "The Hawaiian Kingdom Restoration and Recognition Act"

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CONGRESSIONAL FINDINGS

Sec. 1. The Congress finds that --

(1) At the time of the arrival of the first Europeans in Hawaii in 1778, the indigenous aboriginal people of Hawaii were highly organized society and lived under a communal land tenure system with a sophisticated language, culture, and religion.

(2) A unified monarchial government of the Hawaiian Islands was established in 1779 under Kamehameha I, the first King of Hawaii.

(3) Throughout the 19th century and until 1893, the United States recognized the international sovereignty of the Hawaiian Kingdom, entering into numerous treaties with the Hawaiian government and extending full and complete diplomatic recognition to that government;

(4) In the year 1893, the United States Minister accredited to the sovereign and independent Kingdom of Hawaii (John L. Stevens) conspired with a small group of non-Hawaiian residents of the Kingdom, including citizens of the United States, to commit acts of piracy against the indigenous and lawful government of Hawaii.

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(5) In pursuance of that conspiracy, the United States Minister and the naval representative of the United States caused Armed Forces, in violation of the War Powers Act of the United States to be put ashore and deployed in support of the American Missionaries in there unlawful acts of piracy and aggression against the indigenous and lawful government; and the United States Minister of the Hawaiian Kingdom with U.S, authorization thereupon extended diplomatic recognition to a provisional government formed by the conspirators, without the consent of the indigenous aboriginal people of the Hawaiian Kingdom and its lawful government.

(6) On December 18, 1893, in a message to the Congress, President Grover Cleveland reported fully and accurately on these illegal actions, and acknowledged that by these acts, described by the President as acts of war, the government of a peaceful and friendly people was overthrown, and he said that a "substantial wrong has thus been done which a due regard for our national character as well as the rights of the injured people requires that we should endeavor to repair."

(7) Queen Liliuokalani, the lawful monarch of Hawaii, and the Hawaiian Patriotic League, representing the aboriginal citizens of Hawaii, promptly petitioned the United States for redress of these wrongs and for restoration of the indigenous aboriginal Government of the Hawaiian Nation, but this petition was not acted upon.

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(8) In 1898, the United States Senate by Resolution received into its possession of the Crown and Government Lands belonging to the Hawaiian Kingdom, and by such resolution assumed without consent or compensation controlled the use of vast landholdings, amongst other things, that had been the common property under Allodial Title of the indigenous aboriginal Hawaiian people prior to the conspiracy against their indigenous government, (without the consent of or compensation to the members of the Hawaiian Kingdom thereby deprive of their sovereign right to Self-determination and Self-government.

(9) The indigenous Hawaiian people are aboriginal to the Hawaiian Archipelago and a people with which the United States has experienced a long historical and political relationship.

(10) There exists the authority of Congress under U.S. Public Law 99-239-Compact of Free Association Act of 1985 to decolonize aboriginal or indigenous peoples of the United States to their former level of Self-determination and Self-government, and has been extended and affirmed with respect to Pacific Nations under the protection of the U.N. General Assembly under U.S. Administrative Authority within the Strategic Pacific Trust Territories under the United Nations Security Council.

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STATEMENT OF PURPOSE

Sec. 2. It is the purpose of this Act to acknowledge and re organize International Laws, Principles, and Declarations and the unique relationship between the indigenous aboriginal Hawaiians to the United States and to authorize the Native Hawaiian people to re-establishment of an independent Hawaiian government, independent of the laws of the United States, for the purpose of effecting the inherent Titles and Rights to a full-measure of Self-determination and Self-government. so as to insure their protection and enhancement of political, cultural, and economic aspirations. It is the intent of this Act that the indigenous aboriginal Hawaiian people shall enjoy a political status and relationship tot he United States similar to the political status and relationship that existed under the terms of the Treaty of 1826, and rights of Neutrals at Sea., etc., including rights of dual citizenship.

DEFINITIONS

Sec. 3. For purposes of this Act, the term--

(1) "Hawaiian" means any individual who is a descendant, regardless of blood quantum, of the natural indigenous aboriginal people , who prior to 1778, occupied and exercised sovereignty in the area that now comprises the Hawaiian Archipelago, and the non-contiguous territories occupied by traditions and customs.

(2) "Hawaiian Government" means the government organized by the Hawaiian people as authorized by this Act.

(3) "Constitutional Convention" means the gathering that will be organized to form a government of the Hawaiian Kingdom, composed of individual Hawaiians and Hawaiian organizations, in order to re-negotiate a government to government relationship with the Untied States of America.

RECOGNITION AND ORGANIZATION

Sec. 4.(a) The indigenous aboriginal Hawaiian people shall have the right to organize for their common welfare, and may adopt appropriate sovereign documents which shall become effective when ratified by a consensus vote of those Hawaiian who by petition as described in Section 6 of this Act and when recognized pursuant to Sections 8-9 of this Act.

(b) Department of Interior, Office of Intergovernmental and International Relations shall be responsible for the Administration of the provisions of U.S. Public Law 99-239 for the purpose of--

(1) receiving, expending and accounting for funds authorized in U.S. P.L. 99-239.

(2) convening a Conference to enter into preliminary negotiations with the Hawaiians for the establishing a Hawaiian Government that will allow for their input and determinations on the provisions of U.S. P.L. 99-239.

(3) developing a form of government to govern their members and citizens pursuant to Section 5 of this Act.

(4) Representing by Petition, pursuant to Section 6 of this Act, to determine the participation in such a government to be established thereunder;

(5) conducting negotiations with representatives of the Untied States and the (s)tate of Hawaii, or such other parties or entities as may be deemed advisable or necessary; and

(6) presenting an appropriate petition to the President and the Congress for formal termination of trusteeship and extension of recognition to the Government to be formed under the organic traditions and customs, along with whatever reports or documentation that the government deems necessary or desirable to accompany such petition;

(c) It is recognized that other Hawaiian organizations are in pursuance of their inherent rights to self-determination and Self-government. A Hawaiian government, as the appropriate organization shall not operate to the exclusion of any other indigenous aboriginal Hawaiian organization engaged in a similar activity.

CONSTITUTIONAL CONVENTION

Sec. 5.(a) The indigenous aboriginal Hawaiian Government will convene a Convention for the purpose of developing an organic document to govern Hawaiian affairs relating to Self-determination and Self-government. This Convention will consist of Hawaiian delegates authorized by petition from districts designated in relation to traditional geographical divisions. The districts can be either single-member or multi-member districts, to include full representation from any one district. The districts shall be according to the traditional districts determined by and drawn in order to provide the Hawaiian with full representation.

(b) The participants to the Convention will present their governing documents at which time hearings will be held in each district to receive other comments by Hawaiians. The Convention will then reconvene to consider changes and prepare its final documents.

RATIFICATION ELECTION

Sec. 6.(a) The final governing document will be approved by petition from Hawaiians and will be considered to have been approved until such time that ratification of such governing documents is deemed necessary or appropriate.

(b) If the governing documents are not approved by petition by consensus, another Convention will be held to consider revisions, followed by as second petition. This process will continue until the governmental documents received a consensus affirmation by those indigenous aboriginal Hawaiians.

POWERS OF THE HAWAIIAN GOVERNMENT

Sec.7.(a) The governing documents adopted pursuant to this Act will give Hawaiians the right to operate a government of their own choosing.

(b) The governing document will be the self-governing Hawaiians government powers that may include, but are not limited to\;

(i) the power to define the conditions of membership in this government.

(ii) the power to define the conditions of membership in this government;

(iii) the power to regulate the conduct of Hawaiians through customs, codes, and traditions;

(iv) the power to adopt ordinances for the health, safety, and welfare of Hawaiians;

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(iv) the power to regulate domestic relations of Native Hawaiians and to proscribe rules of inheritance for them;

(v) the power to administer justice;

(vi) the power to levy taxes, zone lands, produce income from such lands, and regulate conduct on lands;

(vii) the power to receive, and hold in trust the title to, and manage lands, resources, or funds, and administer any trust assets that may have been established to benefit Hawaiians;

(viii) the power to issue allotments, assignments, leaseholds, or homesteads to individual Hawaiians; and

(ix) the power to regulate hunting, fishing, gathering, access, and other traditional rights and practices of Hawaiians.

Sec. 8. Upon receipt of the petition for recognition of the governing document and Hawaiian government provided for in Section 4 of this Act, the President shall promptly forward such petition to the Congress, along with any reports or recommendations the President may deem appropriate.

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ACTION BY CONGRESS

Sec. 9.(a) Upon receipt of the petition and governing documents and reports and recommendations from the President, the Congress shall recognize and affirm the restores sovereign government of the Hawaiian people and shall afford this government all the rights and privileges extended to all other foreign governments.

(b) This Hawaiian government will not be under the jurisdiction of or have any direct involvement with the Bureau of Indian Affairs. Its relations with the United States will be conducted directly with the President of the United States, the Presidents's immediate staff, or the appropriate persons appointed by the President for this purpose.

AUTHORIZATION OF APPROPRIATIONS

Sec. 10.(a) There are authorized in U.S. Public Law 99-239 monies appropriate for the activities outlined in this Act.

(b) Funds appropriated under U.S. P.L. 99-239 shall be administered by the Assistant Secretary on Inter-governmental and International Affairs.