Ka Wai Ola - Office of Hawaiian Affairs, Volume 8, Number 3, 1 Malaki 1991 — Mai Wakinekona [ARTICLE+ILLUSTRATION]

Mai Wakinekona

»*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•%*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•*•?•*•*•*•*•*•"•_•_•.•"' By Paul Alexander Washington, D.C. Counsel for OHA

Legislative activity in the 102nd Congress

There are several distinct areas of legislation affecting Native Hawaiians already apparent for this first session of the 102nd Congress. The first area concerns existing laws or programs requiring reauthorization and/or

specific amendments. These include: • Reauthorization of the Native American Program Act of 1974. This act provides for the Administration of Native Americans (ANA) to make grants to Native Hawaiians, Pacific Islanders, Alaska Natives, and Indians to promote eeonomie and social development. It is the source of funding for the Native Hawaiian Revolving Loan Fund program, administered by the Office of Hawaiian Affairs.

Reauthorization will allow ANA to eonhnue to make grants. A hearing was held in Honolulu on Feb. 12 by the Senate Select Committee on lulu on Feb. 12 by the Senate Select Committee on Indian Affairs. Recommendations were made to increase the amount of funds available, to allow funds to be used for development and organization of community groups, and to make the Native

Hawaiian Revolving Loan Fund program permanent. • Reauthorization of the Native Hawaiian Health Care Act of 1988. This act created the fivemember organization Papa Ola Lokahi to coordinate the establishment of nine Native Hawaiian health centers. Reauthorization will allow funding to implement the establishment of the centers. Recommendations were made at the Feb. 12 hearing to reduce or eliminate loeal matching fund requirements. • Reauthorization of the 01der Americans Act. This act provides special programs for the elderly and grants for Native Americans including Native Hawaiians and Hawaiians.

• An amendment to the Smithsonian Indian Museum Act introduced by U.S. Senator Daniel K. Inouye; it would amend the repatriation portion of the Museum Act to allow grants to Native Hawaiian organizations, and also it would make the repatriation process for the Smithsonian museums more consistent with the major repatriation legislation, Public Law 101-601, enactedatthe end of the 101st Congress. New bills The other major area of legislative activity is new bills. So far these include: • Senate Joint Resolution 68, introduced on Feb. 6 by U.S. Senator Daniel K. Akaka. This resolution provides for the United States to apolo-

gize or take responsibility for its role in the overthrow of the Kingdom of Hawai'i and its subsequent acquisition without payment of approximately two million acres of Hawaiian lands. This resolution is not a claims bill, but rather a policy statement. • Two Senate joint resolutions introduced by Sen. Inouye to provide for the United States' consent to various acts of the State Legislature of Hawai'i that affect the Hawaiian Homelands Act of 1921. Included in the resolution is the bill that amends the "purpose clause" of the Homelands Act of 1921. A hearing will need to be held by the Senate Energy Committee, of whieh Sen. Akaka is a member, and the House Committee of Interior and Insular Affairs.

Also expected to be introduced is a bill to create a Native Hawaiian Trust Counsel. This bill will seek to fashion means for enforcing the U.S. responsibility as residual trustee for the Hawaiian homelands trust, and perhaps holding the U.S. accountable for its failure to properly supervise the homelands trust. An inventory of all federally retained ceded lands will also be required.

Another potential area for legislation this session is claims against the U.S. for its direct administration of the Hawaiian Homelands trust between 1921 and 1959, when the day-to-day administration was transferred to the state of Hawai'i.