US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 11701

Findings

The Congress finds that:
(1)
Native Hawaiians comprise a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago whose society was organized as a Nation prior to the arrival of the first nonindigenous people in 1778.
(2)
The Native Hawaiian people are determined to preserve, develop and transmit to future generations their ancestral territory, and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions.
(3)
The constitution and statutes of the State of Hawaii:
(A)
acknowledge the distinct land rights of Native Hawaiian people as beneficiaries of the public lands trust; and
(B)
reaffirm and protect the unique right of the Native Hawaiian people to practice and perpetuate their cultural and religious customs, beliefs, practices, and language.
(4)
At the time of the arrival of the first nonindigenous people in Hawaii in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient, subsistence social system based on communal land tenure with a sophisticated language, culture, and religion.
(5)
A unified monarchical government of the Hawaiian Islands was established in 1810 under Kamehameha I, the first King of Hawaii.
(6)
Throughout the 19th century and until 1893, the United States: (A) recognized the independence of the Hawaiian Nation; (B) extended full and complete diplomatic recognition to the Hawaiian Government; and (C) entered into treaties and conventions with the Hawaiian monarchs to govern commerce and navigation in 1826, 1842, 1849, 1875 and 1887.
(7)
In the year 1893, the United States Minister assigned 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 overthrow the indigenous and lawful Government of Hawaii.
(8)
In pursuance of that conspiracy, the United States Minister and the naval representative of the United States caused armed naval forces of the United States to invade the sovereign Hawaiian Nation in support of the overthrow of the indigenous and lawful Government of Hawaii and the United States Minister thereupon extended diplomatic recognition of a provisional government formed by the conspirators without the consent of the native people of Hawaii or the lawful Government of Hawaii in violation of treaties between the two nations and of international law.
(9)
In a message to Congress on , then 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 the President concluded 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 required that we should endeavor to repair”.
(10)
Queen Lili’uokalani, 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 government of the Hawaiian nation, but this petition was not acted upon.
(11)
In 1898, the United States annexed Hawaii through the Newlands Resolution without the consent of or compensation to the indigenous people of Hawaii or their sovereign government who were thereby denied the mechanism for expression of their inherent sovereignty through self-government and self-determination, their lands and ocean resources.
(12)
Through the Newlands Resolution and the 1900 Organic Act, the United States Congress received 1.75 million acres of lands formerly owned by the Crown and Government of the Hawaiian Kingdom and exempted the lands from then existing public land laws of the United States by mandating that the revenue and proceeds from these lands be “used solely for the benefit of the inhabitants of the Hawaiian Islands for education and other public purposes”, thereby establishing a special trust relationship between the United States and the inhabitants of Hawaii.
(13)
In 1921, Congress enacted the Hawaiian Homes Commission Act, 1920 which designated 200,000 acres of the ceded public lands for exclusive homesteading by Native Hawaiians, thereby affirming the trust relationship between the United States and the Native Hawaiians, as expressed by then Secretary of the Interior Franklin K. Lane who was cited in the Committee Report of the United States House of Representatives Committee on Territories as stating, “One thing that impressed me . . . was the fact that the natives of the islands who are our wards, I should say, and for whom in a sense we are trustees, are falling off rapidly in numbers and many of them are in poverty.”.
(14)
52 Stat. 781 In 1938, the United States Congress again acknowledged the unique status of the Hawaiian people by including in the Act of ( et seq.), a provision to lease lands within the extension to Native Hawaiians and to permit fishing in the area “only by native Hawaiian residents of said area or of adjacent villages and by visitors under their guidance”.
(15)
73 Stat. 4 Under the Act entitled “An Act to provide for the admission of the State of Hawaii into the Union”, approved (), the United States transferred responsibility for the administration of the Hawaiian Home Lands to the State of Hawaii but reaffirmed the trust relationship which existed between the United States and the Hawaiian people by retaining the exclusive power to enforce the trust, including the power to approve land exchanges, and legislative amendments affecting the rights of beneficiaries under such Act.
(16)
73 Stat. 473 Stat. 4 Under the Act entitled “An Act to provide for the admission of the State of Hawaii into the Union”, approved (), the United States transferred responsibility for administration over portions of the ceded public lands trust not retained by the United States to the State of Hawaii but reaffirmed the trust relationship which existed between the United States and the Hawaiian people by retaining the legal responsibility of the State for the betterment of the conditions of Native Hawaiians under section 5(f) of the Act entitled “An Act to provide for the admission of the State of Hawaii into the Union”, approved (, 6).
(17)
The authority of the Congress under the United States Constitution to legislate in matters affecting the aboriginal or indigenous peoples of the United States includes the authority to legislate in matters affecting the native peoples of Alaska and Hawaii.
(18)
In furtherance of the trust responsibility for the betterment of the conditions of Native Hawaiians, the United States has established a program for the provision of comprehensive health promotion and disease prevention services to maintain and improve the health status of the Hawaiian people.
(19)
42 U.S.C. 299142 U.S.C. 199620 U.S.C. 80q25 U.S.C. 3001 This historical and unique legal relationship has been consistently recognized and affirmed by the Congress through the enactment of Federal laws which extend to the Hawaiian people the same rights and privileges accorded to American Indian, Alaska Native, Eskimo, and Aleut communities, including the Native American Programs Act of 1974 [ et seq.]; the American Indian Religious Freedom Act [, 1996a]; the National Museum of the American Indian Act [ et seq.]; and the Native American Graves Protection and Repatriation Act [ et seq.].
(20)
42 U.S.C. 300129 U.S.C. 701 The United States has also recognized and reaffirmed the trust relationship to the Hawaiian people through legislation which authorizes the provision of services to Native Hawaiians, specifically, the Older Americans Act of 1965 [ et seq.], the Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987, the Veterans’ Benefits and Services Act of 1988, the Rehabilitation Act of 1973 [ et seq.], the Native Hawaiian Health Care Act of 1988, the Health Professions Reauthorization Act of 1988, the Nursing Shortage Reduction and Education Extension Act of 1988, the Handicapped Programs Technical Amendments Act of 1988, the Indian Health Care Amendments of 1988, and the Disadvantaged Minority Health Improvement Act of 1990.
(21)
The United States has also affirmed the historical and unique legal relationship to the Hawaiian people by authorizing the provision of services to Native Hawaiians to address problems of alcohol and drug abuse under the Anti-Drug Abuse Act of 1986.
(22)
Despite such services, the unmet health needs of the Native Hawaiian people are severe and the health status of Native Hawaiians continues to be far below that of the general population of the United States.

Pub. L. 100–579, § 2102 Stat. 2916Pub. L. 100–690, title II, § 2302102 Stat. 4223Pub. L. 102–396, title IX, § 9168106 Stat. 1948(, , ; , , ; , , .)

Editorial Notes

References in Text

30 Stat. 750The Newlands Resolution, referred to in pars. (11) and (12), is act , No. 55, . For complete classification of this act to the Code, see Tables.

act Apr. 30, 1900, ch. 33931 Stat. 141The 1900 Organic Act, referred to in par. (12), probably means the Hawaiian Organic Act, , , which was classified principally to chapter 3 (§ 491 et seq.) of Title 48, Territories and Insular Possessions, and was omitted from the Code. For complete classification of this Act to the Code, see Tables.

act July 9, 1921, ch. 4242 Stat. 108The Hawaiian Homes Commission Act, 1920, referred to in par. (13), is , , which was classified generally to sections 691 to 718 of Title 48 and was omitted from the Code.

act June 20, 1938, ch. 53052 Stat. 781Act of , referred to in par. (14), is , , which is classified to sections 391b, 391b–1, 392b, 392c, 396, and 396a of Title 16, Conservation. For complete classification of this Act to the Code, see Tables.

Pub. L. 86–373 Stat. 4section 491 of Title 48An Act to provide for the admission of the State of Hawaii into the Union, referred to in pars. (15) and (16), is , , , popularly known as the Hawaii Statehood Admissions Act, which is set out as a note preceding former , Territories and Insular Possessions. For complete classification of this Act to the Code, see Tables.

Pub. L. 88–452Pub. L. 93–644, § 1188 Stat. 2324section 2991 of this titleThe Native American Programs Act of 1974, referred to in par. (19), is title VIII of , as added by , , , which is classified generally to subchapter VIII (§ 2991 et seq.) of chapter 34 of this title. For complete classification of this Act to the Code, see and Tables.

Pub. L. 95–34192 Stat. 469section 1996 of this titleThe American Indian Religious Freedom Act, referred to in par. (19), is , , , which is classified to sections 1996 and 1996a of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 101–185103 Stat. 1336section 80q of Title 20The National Museum of the American Indian Act, referred to in par. (19), is , , , which is classified generally to subchapter XIII (§ 80q et seq.) of chapter 3 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 101–601104 Stat. 3048section 3001 of Title 25The Native American Graves Protection and Repatriation Act, referred to in par. (19), is , , , which is classified principally to chapter 32 (§ 3001 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 89–7379 Stat. 218section 3001 of this titleThe Older Americans Act of 1965, referred to in par. (20), is , , , which is classified generally to chapter 35 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 100–146101 Stat. 840section 6000 of this titleThe Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987, referred to in par. (20), is , , . For complete classification of this Act to the Code, see Short Title of 1987 Amendment note set out under and Tables.

Pub. L. 100–322102 Stat. 487section 101 of Title 38The Veterans’ Benefits and Services Act of 1988, referred to in par. (20), is , , . For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under , Veterans’ Benefits, and Tables.

Pub. L. 93–11287 Stat. 355section 701 of Title 29The Rehabilitation Act of 1973, referred to in par. (20), is , , , which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 100–579102 Stat. 2916Pub. L. 100–690102 Stat. 4222Pub. L. 102–396The Native Hawaiian Health Care Act of 1988, referred to in par. (20), was , , , and subtitle D of title II of , , , which were classified generally to this chapter prior to being amended generally and renamed the Native Hawaiian Health Care Improvement Act by . For complete classification of this Act to the Code, see Tables.

Pub. L. 100–607102 Stat. 3122section 201 of this titleThe Health Professions Reauthorization Act of 1988, referred to in par. (20), is title VI of , , . For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under and Tables.

Pub. L. 100–607102 Stat. 3153section 201 of this titleThe Nursing Shortage Reduction and Education Extension Act of 1988, referred to in par. (20), is title VII of , , . For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under and Tables.

Pub. L. 100–630102 Stat. 3289section 1400 of Title 20The Handicapped Programs Technical Amendments Act of 1988, referred to in par. (20), is , , . For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under , Education, and Tables.

Pub. L. 100–713102 Stat. 4784section 1601 of Title 25The Indian Health Care Amendments of 1988, referred to in par. (20), is , , . For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under , Indians, and Tables.

Pub. L. 101–527104 Stat. 2311section 201 of this titleThe Disadvantaged Minority Health Improvement Act of 1990, referred to in par. (20), is , , . For complete classification of this Act to the Code, see Short Title of 1990 Amendments note set out under and Tables.

Pub. L. 99–570100 Stat. 3207section 801 of Title 21The Anti-Drug Abuse Act of 1986, referred to in par. (21), is , , . For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under , Food and Drugs, and Tables.

Codification

section 9168 of Pub. L. 102–396The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on , and enacted into law by . Section 9168, which referred to S. 2681, as passed by the Senate on “”, has been treated as referring to S. 2681, as passed by the Senate on , to reflect the probable intent of Congress.

Pub. L. 100–579Pub. L. 100–690section 2 of Pub. L. 100–579 and enacted identical sections. The text of this section is based on , as subsequently amended.

Amendments

Pub. L. 102–3961992— amended section generally substituting pars. (1) to (22) for former pars. (1) to (3) which set forth findings of Congress.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 100–579, § 1102 Stat. 2916Pub. L. 100–690, title II102 Stat. 4222Pub. L. 102–396, title IX, § 9168106 Stat. 1948

section 1621d of Title 25“This Act [enacting this chapter and repealing , Indians] may be cited as the ‘Native Hawaiian Health Care Improvement Act’.”
, , , and , subtitle D, § 2301, , , as amended by , , , provided that:

section 1 of Pub. L. 100–579Pub. L. 102–396[The note set out above is based on as amended generally by . See Codification note preceding this section.]