20 U.S.C. § 7517

Definitions

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In this part:(1) Community consultationThe term “community consultation” means a public gathering—(A) to discuss Native Hawaiian education concerns; and(B) about which the public has been given not less than 30 days notice.(2) Native HawaiianThe term “Native Hawaiian” means any individual who is—(A) a citizen of the United States; and(B) a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii, as evidenced by—(i) genealogical records;(ii) Kupuna (elders) or Kamaaina (long-term community residents) verification; or(iii) certified birth records.(3) Native Hawaiian community-based organization

The term “Native Hawaiian community-based organization” means any organization that is composed primarily of Native Hawaiians from a specific community and that assists in the social, cultural, and educational development of Native Hawaiians in that community.

(4) Native Hawaiian educational organizationThe term “Native Hawaiian educational organization” means a private nonprofit organization that—(A) serves the interests of Native Hawaiians;(B) has Native Hawaiians in substantive and policymaking positions within the organization;(C) incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization;(D) has demonstrated expertise in the education of Native Hawaiian youth; and(E) has demonstrated expertise in research and program development.(5) Native Hawaiian language

The term “Native Hawaiian language” means the single Native American language indigenous to the original inhabitants of the State of Hawaii.

(6) Native Hawaiian organizationThe term “Native Hawaiian organization” means a private nonprofit organization that—(A) serves the interests of Native Hawaiians;(B) has Native Hawaiians in substantive and policymaking positions within the organization; and(C) is recognized by the Governor of Hawaii for the purpose of planning, conducting, or administering programs (or portions of programs) for the benefit of Native Hawaiians.(7) Office of Hawaiian Affairs

The term “Office of Hawaiian Affairs” means the Office of Hawaiian Affairs established by the Constitution of the State of Hawaii.

(Pub. L. 89–10, title VI, § 6207, formerly title VII, § 7207, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1941; renumbered title VI, § 6207, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), 6003(d), Dec. 10, 2015, 129 Stat. 2046, 2067.)Editorial NotesAmendments

2015—Pub. L. 114–95, § 6003(d), added par. (1) and redesignated former pars. (1) to (6) as (2) to (7), respectively.

Statutory Notes and Related SubsidiariesEffective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

Notes of Decisions

Cited in 3 cases, 2003–2006 · leading case: Doe Ex Rel. Doe v. Kamehameha Schs./Bernice Pauahi Bishop Est., 295 F. Supp. 2d 1141 (D. Haw. 2003).

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Doe Ex Rel. Doe v. Kamehameha Schs./Bernice Pauahi Bishop Est., 295 F. Supp. 2d 1141 (D. Haw. 2003). “Compare 20 U.S.C. § 7517 with (Makuakane-Drechsel Deck ¶ 3).”

Arakaki v. Lingle, 305 F. Supp. 2d 1161 (D. Haw. 2004). “20 U.S.C. § 7517 (A)(8) (“Native Hawaiian” is any “descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii”).”

Doe Ex Rel. Doe v. Kamehameha Schs., 470 F.3d 827 (9th Cir. 2006). · cites it 2× “See 20 U.S.C. § 7517 (1)(B) (defining “Native Hawaiian” as “a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii”).”

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