Aloha. Thank you for taking the time out of your busy schedules to meet with us as we convene what will be a very important working group consisting of key policymakers within the federal government. I'd like to begin by explaining the background of the Task Force on Native Hawaiian Issues and its priorities, as well as the goals for this working group. We will then hear from the members of the Task Force, Senator Inouye and Representative Mink, before discussing the draft legislation that has been distributed to you.

As you know the delegation formed the Task Force on Native Hawaiian Issues on March 9, 2000. The purpose of the Task Force is to coordinate the delegation's efforts with respect to Native Hawaiians issues. The Task Force consists of the four members of Hawaii's Congressional delegation. Instead of adding members to the Task Force, we created five working groups in order to involve a large number of individuals with expertise in a variety of areas. The working groups include White House and federal officials, Congressional members and caucuses, the Native Hawaiian community, State officials, and the Native American community and constitutional scholars. More information pertaining to the background of the Task Force is set out in the concept paper that was faxed to each of you. If you did not receive a copy, I have copies here that can be distributed to you.

Of immediate priority to the Task Force is the clarification of the political relationship between Native Hawaiians and the federal government. This issue has risen to the forefront given the United States Supreme Court's decision in Rice v. Cayetano. By refraining from addressing the 14th amendment in its decision, the Court did not affirmatively defer to the Legislative Branch's position that Native Hawaiians have a status similar to that of American Indians and Alaska Natives. Federal Relationship Between Native Hawaiians and the Federal Government

The legislative branch has long held the view that Native Hawaiians are an indigenous, aboriginal peoples with a status similar to that of Native American Indians and Alaska Natives. Congress has legislated over 150 statutes addressing the conditions of Native Hawaiians.

The executive branch's position is reflected in the amicus curiae brief submitted by the Department of Justice in Rice v. Cayetano. In its opening paragraph, the brief declares that the "United States has a special responsibility for the welfare of the Native peoples of the United States, including Native Hawaiians."

The U.S. Supreme Court has not ruled on this issue. In the case of Rice v. Cayetano, a voting rights case, the specter of the Equal Protection clause of the 14th amendment was raised. The Supreme Court, however, declined to address the political status of Native Hawaiians and limited its ruling to the 15th amendment.

The Rice case involved a non-Native Hawaiian suing for the right to vote for the Board of Trustees for the Office of Hawaiian Affairs (OHA), a quasi-state agency which was established by the State of Hawaii in 1978 to address the betterment of the conditions of Native Hawaiians. The Court ruled that OHA, as a state agency, could not limit voting for its Board of Trustees to Native Hawaiians.

Despite the limited ruling in the Rice case, there has been widespread discussion regarding the impact of this case on policymaking with respect to Native Hawaiians. I would like to emphasize that the Rice case is a voting rights case with a very limited holding.

WHITE HOUSE AND FEDERAL OFFICIALS WORKING GROUP

This is where your involvement is critical. You, as federal policymakers, play a vital role in addressing the relationship between Native Hawaiians and the federal government. As indicated in the concept paper, the Task Force is approaching this in a two-step process. The first step is a legislative measure which recognizes Native Hawaiians as an indigenous peoples, with a special relationship with the United States and a right to self-determination under federal law. The second step may be to establish a process for the Native Hawaiian community to form an entity for federal recognition to engage in a government-to-government relationship similar to that of American Indians and Alaska Natives. Such action, however, depends on the Native Hawaiian community and its willingness to engage in such a process.

I have distributed copies of the draft legislation which was sent to the Native Hawaiian community last night. This is a very simple piece of legislation. What we plan to do is to have each working group look at the discussion draft and provide input on the legislation. Your perspective as policymakers at the federal level is vital to the success of what we are trying to do. As indicated in the concept paper, the Task Force has established a very ambitious time line. We plan to introduce this legislation in June.

After my distinguished colleagues have an opportunity to speak, I would like to hear your thoughts about the draft legislation. I have also provided copies of a House Concurrent Resolution from the Hawaii State Legislature supporting federal recognition of a Native Hawaiian nation for your information. Again, thank you for your time. I look forward to working with each of you as we strive to create a better future for Native Hawaiians and the people of Hawaii.