Ka Wai Ola - Office of Hawaiian Affairs, Volume 17, Number 8, 1 ʻAukake 2000 — Federal recognition legislation: Draft II [ARTICLE+ILLUSTRATION]

Federal recognition legislation: Draft II

ĪHE CURRENT draft of the federal recognition bill is significantly different from the first. The current bill provides for the designation of a representative of the Department of Justice (DOJ) to sit on the Office of the Special Tmstee for Native Hawaiians under the Department of Interior (DOI). This inclusion is important because the DOJ authored the amicus brief United States Solicitor General Seth Waxman submitted in Rice vs. Cayetano, whieh sets forth the analysis of the tmst, political and legal relationship between Hawaiians and the United States. The most significant change in the new measure is the inclusion of a process for the re-establish-ment of the nation. Not surprisingly, the process begins with the creation of a roll upon whieh Hawaiians who want to be part of the nation ean voluntarily include their names. This is similar to the process used by federally recognized tribes to maintain the records of their citizens. The bill provides for the Hawaiian people to nominate representatives for appointment to an inter-

im government whieh will draft a constitution and bylaws for the nation. Members of the Native Hawaiian Community Working Group (NHCWG) have held extensive phone and conference meetings to discuss and dissect the draft. Recommended changes include 1) the need to establish criteria for "kupuna (elder) verification," and 2) a proposal to have the interim government conduct a political referendum, and an election of delegates who will draft the constitutional or fundamental goveming documents of thenation. Several working groups members did not agree with the Secretary of Interior's certifying the rolls and also objected to a constitution written by anyone other than Hawaiians who were elected by Hawaiians. The term "constitution" in the bill is also under discussion sin"ce the foundational documents of the naūon may not be a constitution. In addition, Working Group members support candidate qualifications in order to ensure that candidates will be Hawaiians. The measure provides for (

absentee ballots - thereby including Hawaiians from the continent. Funding is another matter. Appropriations for the process wilī in all likelihood not be forthcoming until the supplemental federal budget is approved next spring. This means the timetables in the bill will have to be expand-

ed. In addition, the federal mles process will take time to publish in the Federal Register. It is doubtful we will see Draft HI before it is introduced. Following introduction, public hearings will be held in Hawai'i. The tentative dates are Aug. 28 to Sept 1 . Information on the exact plaee and time on O'ahu and the neighbor islands will be published before the hearings. The hearings will provide the only opportunity for public comment. I urge all Hawaiians to inform themselves and prepare testimony for the Congressional Record. I have submitted lengthy eomments for amendments to the bill as have other members of the Working Group. Many Hawaiians are eoncemed with the possible impact of this measure on options for independence. Independence cannot be accommodated under the U.S. system. It must be pursued in other pohtical arenas including the United Nations. Every year, hundreds of indigenous delegates travel to the U.N. seeking to

move their initiatives. There's absolutely nothing the U.S. ean do to prevent indigenous peoples within its borders ffom doing this. Attending the sessions are leaders and chiefs of the federally recognized Indian tribes of the U.S. Their status under U.S. law does not prevent them ffom seeking other remedies under intemational law. Administrator Randall Ogata and OHA's staff recommended $1.5 million for community education and technical assistance - but it was not included in the budget forwarded to the full board by the Budget and Finance Committee. It is regrettable that Committee Chair Haunani ApoUona refused to provide funding in the budget for the reconcihation effort or community education on the federal biU. In like manner, Tmstee Colette Maehado, chair of the Legislative and Govemmental Affairs Committee, did not include funding for the federal bill among her recommendations to the full board either. ■

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