Ka Wai Ola - Office of Hawaiian Affairs, Volume 11, Number 7, 1 July 1994 — News from Washington D.C. [ARTICLE+ILLUSTRATION]

News from Washington D.C.

Mai Wakinekona Mai

by Paul Alexander Washington, D.C. Counsel for OHA

Hawaiian bills before Congress

As Congress returns from recess, it hits the "home stretch" in terms of time left for passing legislation. 1994 is an election year, and the congressional session usually ends in early October. Amid the major legislative battles over national concerns, such as heahh care and welfare reform,

there are several items under consideration that affect native Hawaiians: Hawaiian Home Lands Recovery Act [S.B. 2174]. Senator Daniel Akaka announced in May that he intends to have Congress consider legislation that would

provide a process to resolve the claims of individual beneficiaries against the United States eoneeming the Hawaiian Home Lands • trust. (See story page 1.) The Senate Energy Committee. whieh has legislative jurisdiction for federal laws about the Hawaiian Home Lands, was to schedule a mid-June hearing on the Akaka proposal. The proposal \vould authorize the Department of Interior to negotiate with the State of Hawai'i and a representative of the Hawaiian beneftciaries.

for a period of one to two years concerning claims against the United States. The bill would provide that Congress reserves the right to allow suit against the United States for the.se claims. It also would provide that the U.S. ean transfer to the Department of Hawaiian Home Lands, other

lands it has that were not homelands, as eompensation for revenues lost when homelands that were transferred to, or acquired by the United States. Native American Free Exercise of Relision Act fS.

1021]. This bill is the culmination of more than five years' effort to overcome the impact of several U.S. Supreme Court decisions that limited Native American access to sacred sites and allowed the ceremonial use of peyote to be a grounds for terminating employment. Other issues of eoneem were also identified and addressed in the bi 11 . For example, native Hawaiians are defined as Native Americans in the context of religious freedom legislation. The

bill attempts to protect the existence of and access to sacred sites on federal lands. Many hearings and negotiations have occurred on S. 1021 and on earlier versions of the bill. The effort to pass legislation received a boost at the meeting this spring of Indian leaders and the Administration in the White House Rose Garden. President Clinton publicly supported the legislative effort to address Native American Religious Freedom issues. While supporters are cautiously optimistic, problems remain because the legislation must negotiate a narrow path between protecting religious freedom (or curing violations of religious freedom), and not violating the clause of the Constitution that prohibits the United States from establishing (supporting) particular religions or religious beliefs. Another remaining problem area is continued opposition from special interests that profit from existing uses of federal lands, such as mining, grazing, and timbering. Pending in the House of Representatives are two related bills that follow a narrower approach to resolving religious freedom issues:

• H.R. 4155 provides a federal cause of action (private lawsuit) to protect or ensure access to sacred sites; and • H.R. 4230 recognizes the traditional use of peyote for religious purposes. Hearings were to be held in June on these bills by the Subcommittee on Native American Affairs. Native Hawaiian Education Amendments Reauthorization [part of H.R. 6, the Elementary and Secondary Education Act reauthorization]. This bill, whieh has already passed the House of Representatives, eontains a modified reauthorization of the Native Hawaiian Education amendments. A Native Hawaiian Education Council is created. an immersion program is provided for, and the KEEP (Kamehameha Early Education Program) is deleted. In the Senate, the bill has been marked up at the Senate Education and Labor subcommittee level to provide for a simple reauthorization of the existing programs. The Senate Indian Affairs Committee, whieh has held meetings and a hearing on this subject will probably propose an amendment whieh will likely include community-based learning centers (associated with eom-

munity colleges), an enhanced KEEP-type program that includes teacher recruitment and training, as well as an immersion eomponent and a Native Hawaiian Education Council, along with OHA-facilitated island educational councils. A congressional eonference committee will iron out differences between House and Senate versions of H.R. 6, and its passage is expected this Congress. Indian Fish and W i I d I ife Managment Act [S. 1516] provides for a demonstration project for management of native Hawaiian fisheries. This bill has been marked up by the Senate Indian Affairs Committee, but has not yet been reported to the Senate for passage. Sections of the bill have raised concerns over reserved Indian rights. the federal trust responsibility, and their interplay with federal conservation programs. These issues will need to be fully resolved before passage of the bill. Native Hawaiian Housing Assistance Act [S. 2150] authorizes housing assistance for native Hawaiians. It also provides for a demonstration project in whieh "localized" standards (codes) for housing would be developed. This bill evolved from meetings and hearings in Hawai'i.