Ka Wai Ola - Office of Hawaiian Affairs, Volume 28, Number 6, 1 Iune 2011 — State recognition bill passes [ARTICLE+ILLUSTRATION]

State recognition bill passes

By ūiana Leone Abill that would begin Native Hawaiian government reorganization at the state level is historic in its import, state Sens. Malama Solomon and Clayton Hee agreed in a joint interview last month. "I just can't explain the feeling of - the na'au is so there - for us to be a part of a historical moment," Solomon said of the May 3 passage of the final version of Senate Bill 1520, whieh Gov. Neil Abercrombie is expected to sign into law. "It's such a great opportunity," Hee said. "It is the first opportunity for the indigenous people of these islands to get organized in a very ..." "Dynamic way," Solomon said, completing his sentence. "I really say my prayers that ke Akua will continue to guide as we move forward," said Solomon (D, Hilo-Hāmākua). "What this sets forth is a legitimacy of the Hawaiian people as the first nation of these islands," said Hee (D, Kāne'ohe-Kahalu'u). He called the bill a "significant step forward" in the "long joumey for Hawaiian people to reclaim what was taken in 1893" with the overthrow of the Hawaiian monarchy. The bill's passage - with only one "no" vote in the Senate - "sends a strong message to Congress that the Hawai'i Legislature supports the efforts for recognition," Hee said. So, as Congress considers the Akaka bill "there should be no questions, particularly

with the senators from the South, where the Legislature stands and the people of Hawai'i stand." However, even if the federal recognition bill doesn't pass Congress this year, the state bill would still start a roll of eligible Native Hawaiians who ean be a part of fonning a Native Hawaiian govemment. The Akaka bill, S. 675, awaits scheduling for Senate floor consideration. If approved by the Senate, the bill would also have to pass the House, since priorpassage in the House was of earlier versions of the bill in prior Congresses. There is no conflict between state and federal recognition, the Senators said. "You ean have parallel state and federal recognition," Hee said. OHA Chief Advocate Esther Kia'āina praised Solomon, Hee and others involved for finding eommon ground between the two distinct bills they introduced at the beginning of this year's legislative session. She called the compromise bill "a wonderful symbol of how to show unity at the end of the day." The bill "has completely changed the landscape for nation-building for Native Hawaiians and it's exciting," Kia'āina said. The Legislature didn't give OH A any additional money for the new commission, so it will have to find the funds in its existing budget. Hee emphasized that the state bill was crafted using "models that have been tested, held to be

constitutional for indigenous people." The bill refers to people living in Hawai'i before Western contact, rather than referring to a "race," he said. "I believe the Governor of Hawai'i will sign this bill into law and the Attorney General of Hawai'i will defend this bill," Hee said. Abercrombie's staff is still reviewing the bill, "However, it's likely that the Governor will support it," his press secretary Donalyn Dela Cruz said. "Governor Abercrombie has always supported Native Hawaiian recognition, including self-determination." The state recognition bill would: • Create a five-member commission to create a roll of qualified Native Hawaiians to participate in reorganizing a Native Hawaiian government. Members, one from eaeh county and one at-large, will be appointed by the Governor from a pool of candidates recommended by Hawaiian individuals and organizations. The commission is to be appointed within six months of the bill becoming law. • Require the commission to publish the roll to facilitate a convention to decide how the Native Hawaiian government will be organized. The mechanics of a convention are not spelled out in the bill. They will be worked on by Native Hawaiian groups, including OHA, and could require additional enabling legislation. Onee the roll is published, the commission is dissolved. • Require a report to the 2012 Legislature on the commission's progress. Solomon said she is urging Abercrombie to sign the bill sooner than his July 12 deadline, to begin the process of appointing the commission. Hee and Solomon said they hope Hawaiian organizations will bring potential commissioners' names to his attention as soon as possible. Like the federal Akaka bill, the state recognition bill requires participants in the nation-building process to show their ancestors were living in Hawai'i before 1778 and/or were eligible for Hawaiian Homes Commission Act programs in 1921 - plus show that they have "maintained significant cultural, social or civic connection to the Native Hawaiian community and wish to participate in the organization of the Native Hawaiian governing entity." Said Hee: "I think at the end of the day being able to prove your genealogy is sufficient, because your ancestors may have been involved with cultural activities. . . . It's trying to be inclusive." Solomon envisions that after the roll is created, SEE REC0GNITI0N ON PAGE 12

G0VERNANGE To restore pono and ea, Native Hawaiians will achieve selfgovernance, after whieh the assets of OHAwillhe transferred to the new governing entity.

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State Sens. Malama Solomon, left, and Clayton Hee at the statue of Queen Lili'uokalani next to the Capitol. Lawmakers in May passed a state recognition hill, whieh both Senators called a milestone in their work as puhlie servants. - Photo: UsaAsato

REC0GNITI0N Continued from page 4

the preparation for a nation-building convention might be similar to the way the Democratic Party is organized in Hawai'i - perhaps the precinct level being replaced by ahupua'a, then representation by moku. Both Hee and Solomon said the passage of the state recognition bill is a milestone in their work as public servants - both with OHA, where both have served as Trustees, and in the Legislature. It moves toward making right the wrong of the overthrow of the Hawaiian Kingdom. "This is an expression of a mandate given to our generation by our kūpuna," Solomon said. "This is how I was raised. Every generation has a responsibility and an obligation to push forward. Senator Hee and I have been involved in this polilieal

process over 30 years, and we have conscientiously been working toward this goal." Said Hee: "Sometimes we forget, for Senator Solomon and I, our grandparents were citizens of the nation. They were born before the kingdom was overthrown." "For me," Solomon said, "this has been a very long and painful journey. I have sat through many hearings where I've heard and experienced people's grief and tears, so my position now with this bill is that it's up to the Nā Po'e O Hawai'i, the future generations succeeding us. They ean eome and they ean carry on where they want to take the Hawaiian nation into the future." ■ Diana Leone, a veteran journalist, runs the freelance writing and editing business Leone Creative Communication, on Kaua'i.