Ka Wai Ola - Office of Hawaiian Affairs, Volume 24, Number 2, 1 February 2007 — Akaka introduces new version of Hawaiian federal recognition bill [ARTICLE+ILLUSTRATION]

Akaka introduces new version of Hawaiian federal recognition bill

By KWŪ staff On Jan. 17 - 1 14 years to the day after the illegal overthrow of the Hawaiian kingdom - Hawai'i Sen. Daniel Akaka introduced the Native Hawaiian Government Reorganization Act of 2007, commonly known as the "Akaka Bill," on the floor of the U.S. Senate. Akaka said in a release that the bill would begin a process to form a Native Hawaiian governing entity that could negotiate with the state and federal governments on behalf of Hawai'i's indigenous people, and would provide parity in federal policies that now empower American Indians and Alaska Natives to participate in a government-to-gov-ernment relationship with the United States. The new version of the bill, officially designated "S. 310," incorporates language negotiated with the Bush administration in 2005, including increased clarification that no governmental functions or jurisdiction would be transferred from the state or federal governments without further legislation. Last June, after a small number of Senate opponents had long stalled an earlier version of the bill through technical roadblocks, the measure narrowly failed a procedural vote that would have forced it to the Senate floor for a final up-or-down tally. Although senators voted 56-41 in favor of the procedural motion, known as "cloture," that total was short of the 60 votes needed to advance the measure. One factor that may have influenced the outcome of the vote was the last-minute arrival of a letter from the Justice Department asserting that the Bush administration "strongly

opposes" the bill. Akaka and Inouye have said, however, that they hope the insertion of the new language will resolve the administrations' concerns. The new language makes clear that: • Civil and criminal jurisdiction currently held by the federal and state governments will not be transferred to any other entity unless further legislation is enacted. • The bill does not authorize gaming by the Native Hawaiian governing entity. • The Department of Defense is exempt from consultation requirements contained in the bill; however, obligations under existing statutes, including the Native Graves Protection and Repatriation Act and the National Historic Preservation Act, remain. • Any grievances regarding historical wrongs committed against Native Hawaiians by the United States or by the state of Hawai'i are to be addressed in the negotiations process between the Native Hawaiian governing entity and federal and state governments, not through the courts. Bipartisan sponsors As he has done in the past, Hawai'i's senior senator, Daniel Inouye, cosponsored the new version of the recognition bill. A bipartisan group of senators also signed on as cosponsors: Sens. Byron Dorgan (DND), Maria Cantwell (D-WA), Norman Coleman (R-MN), Ted Stevens (R-AK), Lisa Murkowski (R-AK), Gordon Smith (R-OR) and Chris Dodd (D-CT). The bill will now go before the Senate Indian Affairs Committee, whieh is chaired by Sen. Dorgan. In his floor statement introducing S . 3 1 0 , Sen. Akaka said: "The legislation I introduce

today seeks to build upon the foundation of reconciliation. It provides a structured process to bring together the people of Hawai'i, along a path of healing to a Hawai'i where its indigenous people are respected and culture is embraced. Through enactment of this legislation, we have the opportunity to demonstrate that our country does not just preach its ideas, but lives according to its founding principles. As it has for America's other indigenous peoples, I believe the United States must fulfill its responsibility to Native Hawaiians." Sen. Inouye said: "We have every confidence that consistent with the federal policy for more than 35 years, the restoration of the rights to selfdetermination and self-gover-nanee will enahle the Native Hawaiian people - the direct, lineal descendants of the aboriginal, indigenous native people of what has heeome our nation's 50th state - to take their rightful plaee in the family of governments that make up our constitutional system of governance." Concurrently with the measure's introduction in the Senate, Hawai'i Reps. Neil Abercrombie and Mazie Hirono introduced a eompanion bill, H.R. 505, in the U.S. House of Representatives. Congressman Abercrombie said: "This measure gives the Native Hawaiian community the tools to guide its own destiny and manage the lands and assets set aside for it by law. Native Hawaiians fully deserve a seat at the table and a direct voice on issues critical to their well-being and cultural identity." Supporters and opponents gear up Supporters of the recognition bill, including Office of

Hawaiian Affairs officials, quickly applauded Akaka's early introduction of the measure into the new session of Congress. "The Office of Hawaiian Affairs welcomes this iniīiative, and we urge all the people of Hawai'i to join us in seeking what is right for Native Hawaiians," OHA Chairperson Haunani Apoliona said at a press conference following the introduction of the new bill. "There's a lot at stake for the present and future of Native Hawaiians." However, opponents of the bill - including conservative "think tanks" and lawmakers who say it would lead to racial "balkanization" and even Hawai'i's secession from the U.S., as well as Hawaiian independence activists who believe the measure makes too many concessions and would be a setback to the restoration of true Hawaiian selfdetermination - said they are also preparing to ramp up their efforts. Ikaika Hussey, a spokesman for Hui Pū, a coalition of Hawaiian activists opposed to the bill, told The HonoluUi Advertiser that "Sen. Akaka should expect continued opposition on this matter. It's a bill that will not benefit Hawaiians, but only a few select, special interests."

The Advertiser reported that Sen. John Kyl (R-AZ), an ardent opponent of the bill, said he would continue to "do what I ean to ensure it does not pass." Supporters of the bill, however, said they are hopeful that this year's changeover of Congress to Democratic control will the give the measure the best ehanee for passage it has had in recent years. Democratic senators unanimously voted in favor of the bill during last year's cloture vote. Governor calls for coordinated strategy Hawai'i's Republican Governor, Linda Lingle, who in the past has been a strong supporter of the bill and has lobbied in its favor with the Bush administration and eongressional Republicans, said she still wants to help move the bill forward, but called for a more coordinated strategy. Saying that in the past she had not been kept apprised of Akaka and Inouye's plans for moving the bill forward, Lingle told reporters that "while I'd like to be part of the effort, it's going to have to be done differently than last time .... I think with something that's so important to our state, we need to sit down in advance." S

NŪ HOU • NEWS

Sen. Akaka addresses the Senate regarding his Hawaiian recognition liill prior to a procedural vote on the measure last June. - Pholo source: C-SPAN