legislation: 112-s-675
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| 112-s-675 | 112 | s | 675 | Native Hawaiian Government Reorganization Act of 2011 | Native Americans | 2011-03-30 | 2012-12-17 | Placed on Senate Legislative Calendar under General Orders. Calendar No. 568. | Senate | Sen. Akaka, Daniel K. [D-HI] | HI | D | A000069 | 3 | Native Hawaiian Government Reorganization Act of 2012 - (Sec. 5) Recognizes the right of the Native Hawaiian people to reorganize a Native Hawaiian governing entity to provide for their common welfare and to adopt an appropriate constitution and bylaws. Considers the individuals listed on the roll compiled and certified by the Native Hawaiian Roll Commission to be members of the Native Hawaiian people for purposes of reorganizing that entity, provided the roll is published, available for inspection, and compiled in accordance with due process principles. Requires those members, in consultation with the Secretary of the Interior, to establish an Interim Governing Council by: (1) developing the qualifications required of Council candidates, (2) determining the Council's structure, and (3) electing Council members. Requires the Council, within two years of its establishment, to: (1) develop, with appropriate input from the Native Hawaiian people, a proposed constitution and bylaws for the Native Hawaiian governing entity; (2) provide the proposed constitution and bylaws, and an objective description of their provisions, to the Native Hawaiian people; (3) request the Secretary to hold an election to ratify the constitution and bylaws; and (4) submit the ratified constitution and bylaws to the Secretary for approval under the Indian Reorganization Act. Directs the Council, with the Secretary's assistance, to hold elections for officers of the Native Hawaiian governing entity identified in the approved constitution and bylaws. Terminates the Council on the date the members of the Native Hawaiian governing entity are installed. (Sec. 6) Gives the Native Hawaiian governing entity the inherent powers and privileges of self-government of an Indian tribe under applicable federal law. Considers the governing entity to be an Indian tribe eligible for the special programs and services the federal government provides to Indians. Subjects the governing entity to the Indian Gaming Regulatory Act. Prohibits the governing entity from conducting gaming activities, unless Hawaii permits such an activity for any purpose by an individual, organization, or entity. Authorizes the Secretary to consider the governing entity to be an Indian tribe for purposes of carrying out any activity authorized under the Indian Reorganization Act. Ratifies and confirms any action taken by the Secretary pursuant to the Indian Reorganization Act for the Native Hawaiian governing entity to the extent the action is challenged based on the question of whether the governing entity was federally recognized or under federal jurisdiction on June 18, 1934. (Sec. 8) Authorizes appropriations for the implementation of this Act. | 2022-02-03T05:53:34Z |