Ka Wai Ola - Office of Hawaiian Affairs, Volume 22, Number 9, 1 Kepakemapa 2005 — White House reportedly OKs Akaka amendments [ARTICLE]

White House reportedly OKs Akaka amendments

Lingle cites administration approval in letter urging GOP senators to back the bill

By Sterling Kini Wong The Bush administration has agreed to four proposed amendments that satisfy the Justice Department's policy concerns over the Akaka Bill, according to a letter Gov. Linda Lingle sent to Republican senators on Aug. 23. In the letter, Lingle urged the GOP senators to support the bill, whieh lays out a process for Native Hawaiian federal recognition. A vote on whether to force

the bill to the Senate floor is due as soon as federal legislators return to work on Sept. 6. According to the letter, state officials, congressional staff and representatives of the White House and several other federal agencies have been in negotiations over the administration's policy concems, whieh were expressed in a July letter from the Justice Department to Sen. John McCain, ehainnan of the Senate Indian Affairs Committee.

The administration concems, and how Lingle said they will be resolved, are: • Potential claims and lawsuits: an amendment will make clear that "no claims are created and the bill will include language making absolutely clear the comprehensive extent of the sovereign immunity of the United States." • Military readiness: language will be added clarifying that "passage of the legSee AKAKA on page 6

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islation ean have no impact on military readiness." • Criminal jurisdiction and trust land: the bill will specifically say that "the status quo with regard to criminal law (and other areas) will be maintained, and that no land will be taken into trust under the Indian Reorganization Act." • Gambling: new language makes clear that "gambling will not be permitted at all by the new Native Hawaiian entity, whether pursuant to the Indian Gaming Regulatory Act or on any other basis." Lingle said that the administration also provided several other language suggestions, including one that she believes "completely cuts off some of the very wild arguments about what the bill will allegedly do." Vote due to bring bill to floor The bill was expected to be debated before senators retired for their August recess, but it stalled after six Republicans placed procedural holds on the measure.

However, just days before the Senate adjourned, Hawai'i's senators and GOP Senate leaders agreed to file a "petition of cloture," whieh would force a floor debate and vote on the bill. As soon as senators reconvene on Sept. 6, they will vote on whether or not to invoke cloture. If the motion is approved by 60 senators, the bill will be debated for no more than 30 hours and then receive a final vote. If approved by the Senate, the bill would then move to the House, where it has been approved in previous years. However, a group of 16 Republican critics in the House have reportedly recently written to House leaders saying the bill "would set a dangerous precedent for our nation." Such opposition aside, supporters of the bill remain optimistic of its passage. "The important thing to remember is that the bill is very mueh alive and the votes are there to pass this historic legislation when the Senate next meets," said OHA Chairperson Haunani Apoliona. VI