Ka Wai Ola - Office of Hawaiian Affairs, Volume 15, Number 8, 1 August 1998 — Hawaiian sovereignty on the federal agenda ? [ARTICLE]

Hawaiian sovereignty on the federal agenda ?

ĪHE OFFICE of Hawaiian Affairs' Committee on Legislative and Govemmental Affairs convened in July to consider three federal legislative proposals: a draft sovereignty bill and concept paper; S.109, the Native Hawaiian Housing Assistance Act; and H.R. 2893, a bill to amend the Native Ameiiean Graves Protection and Repatriation Act or NAGPRA. Patricia Zell, Indian law expert and longtime staffer to the U.S. Senate Indian Affairs Committee, co-authored the 6-page draft bill and the concept paper in her personal capacity, at the request of Myron "Pinky" Thompson. Appearing before the LAGA Committee, Zell clarified the draft bill was created for discussion only, reflected only one possible option, and was not meant to subvert or supplant eflforts by Native Hawaiians to craft their sovereignty proposals. The proposal recognizes and reaffirms the inherent sovereignty of the Native Hawaiian people, their right to selfdetermination and self-govemance and that Native Hawaiians have the same legal and pohheal status as other Native Americans. It further provides for Native Hawaiians to organize a govemment and adopt a constitution, eflfective upon ratification by a majority of eligible Native Hawaiian voters. The draft also establishes a process by whieh the newly formed Native Hawaiian govemment could petition Congress and the president for federal recognition. Upon adoption by a majority vote and approval by the president, the U.S„ including the State of Hawaii, would have to recog-

By Noelle Kahanu nize the authority of the Native Hawaiian govemment to exercise the rights and responsibilities contained in the Native Hawaiian govemment's constitution. The draft bill's genesis ean be traced to Thompson's efforts on behalf of Native Hawaiian service providers to preserve milhons of dollars in federal funds for their programs. Every year, these providers have been faced with

funding cuts, due in part to the unclear legal and political status of Native Hawaiians. It was reasoned that if clarilying legislation were introduced, funding would be less at risk. LAGA Chair Herbert Campos assured everyone that the proposed bill was not scheduled for action and would not be recommend for advancement in Congress without first

passing through the LAGA Committee. Nonetheless, sub- " stantive and procedural questions were raised regarding the proposal. As for S. 1 09, the Native Hawaiian Housing Assistance Act, the redraft, approved by the Senate Committee on Indian Affairs on July 15, is awaiting Senate passage The bill would provide federal funds for aflfordable housing activities on the Hawaiian homelands. The House measure has yet to be scheduled for action, however, a strong lobbying effort may yet make the diflference in the bill's chances. Finally, H.R.2893 seeks to amend the Native Ameiiean Graves Protection and Repatriation Act. The bill was introduced by Rep. Hastings of Washington in response to the controversy over a 9,300 year old skeleton unearthed in his district. A June 10 House hearing resulted in a consensus that the bill be amended to designate the Department of Interior as the lead agency when Native Ameiiean eultural items, including human remains, are discovered on federal or tribal lands. Trustee Campos submitted written testimony opposing H.R.2893 and proposed amendments whieh limited, iather than expanded, the conduct of scientific study, based in part on the Mōkapu Inventory debacle. Eaeh of these measures, in its own way, shed light on the imporance of Native Hawaiian advocacy on the federal level. The genesis of one biU, the possible passage of another, and the alteration of another prove how the actions and reactions of the Hawaiian community ean influence the outcome of these and other federal measures. 13

"Eaeh of these measures, in its own way, sheds light on the imporance of Native Hawaiian advocacy on the federal level." - Noelle Kahanu

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