Ka Wai Ola - Office of Hawaiian Affairs, Volume 22, Number 11, 1 November 2005 — Senate reportedly committed to Akaka vote by Thanksgiving [ARTICLE+ILLUSTRATION]

Senate reportedly committed to Akaka vote by Thanksgiving

By Derek Ferrar Public lnformation Specialist As Ka Wai 01 a went to press in the third week of October, no official word had yet been received on when the Akaka Bill might receive a U.S. Senate vote that was postponed in September. However, the head of OHA's Washington lobbying firm has told the agency that Senate Majority Leader Bill Frist is still committed to bringing the matter before the Senate before the current session ends, whieh is tentatively set for the Thanksgiving holiday. The hill, whieh would extend federal poliīieal recognition to Native Hawaiians, had been scheduled for what is known as a cloture vote on Sept. 6, but it was postponed due to the Hurricane Katrina emergency and President Bush's Supreme Court nominations. Cloture is

a method to force a measure to the Senate floor for a full vote. To proceed with cloture, at least 60 of the 100 senators must vote in favor of invoking the procedure. If the cloture vote is successful, the hill - whieh is also known as the Native Hawaiian Reorganization Act of 2005, or S. 147 - would proceed to the Senate floor for a maximum of 30 hours of debate, followed by a final up-or-down vote. In the meantime, Akaka has proposed a number of revisions to the hill designed to address Bush administration concerns. In mid-September, Akaka announced that an agreement had been reached with the administration over the amendments. However, the Iustice Department has since said that it still has concerns about the eonstitutionality of the hill. Akaka responded that he is confident the hill is constitutional.

Among the issues addressed by the amendments are: • Claims - amendment prohibits Native Hawaiians from suing the federal government for breach of trust, land and other claims. Instead, these claims may be resolved in the negotiations process between the Native Hawaiian governing entity and federal and state governments. • Military readiness - amendment exempts the Department of Defense from the required eonsultations between federal agencies and the Native Hawaiian governing entity. • Gaming - amendment prohibits gaming by the Native Hawaiians governing entity under any federal law in Hawai'i or in any other state or territory • Civil and criminal jurisdiction - amendment clarifies that civil and criminal jurisdiction currently held by the state and federal governments will remain

with those bodies unless otherwise negotiated with the Native Hawaiian governing entity. Since the amendments have not yet officially been incorporated into the hill, OHA's board has said that its support of the hill

in its current form still stands. Chairperson Haunani Apoliona said that the board will revisit the matter when and if amendments are actually adopted into See AKAKA on page 18

NŪ HOU • NEWS

Members of the anti-Akaka Bill group Hui Pū occupy 0HA's reception area during their 24-hour vigil to protest the trustees' support of the bill. Pholo: Francine Kananionāpua Murray

Akaka Bill

Cūntinued fram page 08 bill. In other Akaka Bill news: • For the second time recently, a federal agency has raised eoncerns about whether Congress ean fund federal programs that benefit only Native Hawaiians. In late September, the Office of Management and Budget cited Justice Department concerns in questioning the constitutionality of Native Hawaiian programs being funded by a military appropriations bill. Akaka Bill supporters responded that the office was only identifying potential issues, not signaling any broader administration opposition to the recognition bill. • On Oct. 7, the anti-Akaka

Bill umbrella group Hui Pū staged an overnight sit-in at OHA's office to protest the trustees' support of the bill. The protest began during a board meeting, when the group requested that the trustees rescind their longstanding support of the bill in light of the recently proposed amendments. "This bill removes self determination and replaces it with federal determination," the group said in a statement. After the board declined, members of the group gathered in OHA's reception area and vowed to stay for 24 hours. About 10 of the protesters spent the night peacefully at the office after OHA Deputy Administrator Ron Mun negotiated an agreement with the building's management, whieh had initially threatened to have the protesters arrested for tres-

passing after the close of business hours. A state sheriff was hired to provide overnight security, and, as a gesture of goodwill, Trustee John Waihe'e IV and OHA Administrator Clyde Nāmu'o both delivered food to the group. At a press conference the next morning, members of the group said they felt their protest had been "spiritually successful." "It is not too late for the Hawaiian community to regain a position of dignity in regard to this bill, whieh has long been beyond the control of the Kanaka Maoli community," said spokesman Ikaika Hussey. Afterward, OHA officials said they respected the protestors' right to express their mana'o, and were pleased that Hawaiians could disagree on the issues and yet still treat eaeh other as 'ohana. S