U.S. Senator Daniel K. Akaka and U.S. Senator Daniel K. Inouye today introduced legislation in the Senate to clarify the political relationship between Native Hawaiians and the United States by extending the federal policy of self-determination and self-governance to Native Hawaiians. The measure is identical to S. 2899 and H.R. 4904 which were introduced in the 106th Congress. The House of Representatives passed the measure with bipartisan support. The Senate Committee on Indian Affairs reported the measure favorably.
In a statement accompanying the reintroduced bill, Senator Akaka noted that the United States has declared a special responsibility for the welfare of the native peoples of the United States, including Native Hawaiians. "Congress has recognized Native Hawaiians as the aboriginal, indigenous, native peoples of Hawaii and has passed over 150 statutes addressing the conditions of Native Hawaiians," Akaka said. "The measure that we are introducing today extends the federal policy of self-determination and self-governance to Native Hawaiians by authorizing a process of reorganization of a Native Hawaiian government for the purposes of a federally recognized government-to-government relationship with the United States. This measure establishes parity in federal policies towards American Indians, Alaska Natives and Native Hawaiians.
"This measure does not create a political relationship between Native Hawaiians and the United States. The political relationship has existed since Hawaii's inception as a territory. Rather, the measure we introduce today clarifies the existing political relationship between Hawaii's indigenous peoples and the United States."
This measure authorizes a process for the reorganization of the Native Hawaiian government for the purposes of a federally recognized government-to-government relationship. The measure authorizes Native Hawaiians to resolve many issues in developing the organic governing documents, including the issue of membership or citizenship in the reorganized government. This bill also establishes an office within the Department of the Interior to focus on Native Hawaiian issues. The office would serve as a liaison between Native Hawaiians and the United States during the reconciliation process and would provide assistance during the process of reorganization of the Native Hawaiian government. Federal programs currently administered with other federal agencies would remain with those agencies.
Senator Akaka also proceeded to correct some misconceptions regarding the bill. He indicated that the legislation is not being introduced to circumvent the 1999 United States Supreme Court decision in the case of Rice v. Cayetano. He also challenged as erroneous assertions that the bill would establish race-based preferences for any group.
"This measure does not establish entitlements or special treatment for Native Hawaiians based on race," Akaka stated. "This measure focuses on the political relationship afforded to Native Hawaiians based on the United States' recognition of Native Hawaiians as the aboriginal, indigenous peoples of Hawaii. As we all know, the United States' history with its indigenous peoples has been dismal. In recent decades, however, the United States has engaged in a policy of self-determination and self-governance with its indigenous peoples. Government-to-government relationships provide indigenous peoples with the opportunity to work directly with the federal government on policies affecting their lands, natural resources and many other aspects of their well-being. While federal policies towards Native Hawaiians have paralleled that of Native American Indians and Alaska Natives, the federal policy of self-determination and self-governance, has not yet been extended to Native Hawaiians. This measure extends this policy to Native Hawaiians, thus furthering the process of reconciliation between Native Hawaiians and the United States.
"This measure does not preclude Native Hawaiians from seeking alternatives in the international arena. This measure focuses solely on self-determination within the framework of federal law and seeks to establish equality in the federal policies extended towards American Indians, Alaska Natives and Native Hawaiians."
The bill will be referred to the Senate Committee on Indian Affairs. In the 50-50 Senate, Senator Inouye is the ranking Democrat on the Committee and Senator Akaka is a member of the panel.
