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Associated Press: "Native Hawaiian rights get another shot in Congress"

By MARK NIESSE, Associated Press Writer

June 9, 2007

HONOLULU (AP) - Maybe this year, a renewed push to give Native Hawaiians limited control over their destiny, money and lands will get enough support to become a reality.

Maybe.

With new Democratic majorities in Congress and assurances given to opponents, backers of the Native Hawaiian recognition bill say it just might get approved by the House of Representatives, Senate and President Bush after eight years of efforts.

Last year, the measure was held up in the Senate on a procedural vote amid concerns from Republicans that it could lead to race-based privileges in a state known for its diversity. The Bush administration also questioned some provisions of the bill, despite strong support from Republican Gov. Linda Lingle.

"Now that the Democrats are in the majority, we feel that we have the votes," said U.S. Rep. Mazie Hirono, D-Hawaii. "It's critical because this is the last group of indigenous peoples that have yet to have an acknowledged political relationship with the federal government."

The contents of the so-called Akaka Bill -named after its sponsoring Hawaii Sen. Daniel Akaka - are similar between this year and last year.

Both measures provide a broad framework for creating a Native Hawaiian government responsible for managing about 2 million acres of former Hawaiian lands and $15 million per year in ceded land revenue.

This year's legislation includes language negotiated with the Bush administration specifying that gambling still will be banned in Hawaii, that the new Hawaiian government rather than federal courts would settle land disputes, and that the Hawaiian government entity could not place requirements on the Defense Department except on historical preservation matters.

Akaka said Democratic leadership in the Senate has committed its support.

"I am optimistic about the bill's prospects in the House and the Senate," said Akaka, a Democrat. "My bill will help to unite all the people of Hawaii by starting a formal process of reconciliation and addressing unresolved historical issues."

The Hawaiian recognition proposals have already passed key committees in both the House and Senate, and they are now waiting to be scheduled for floor votes, which could come before September.

"This is an opportunity to finally get the government out of the business of treating Native Hawaiians like wards and to end the semi-welfare status they're forced into by the fact that the government controls these lands," said Rep. Neil Abercrombie, D-Hawaii.

The Akaka Bill was approved in the House once before, but it fell short in the Senate on a 56-41 procedural vote that required 60 votes to keep debate alive in June 2006. Its supporters claim that it would have passed on a straight up or down vote that required only a simple majority.

Since the Democrats took over Congress after last fall's elections, they will have greater numbers and more authority to set the agenda for a more favorable outcome, said Clyde Namuo, administrator for the Office of Hawaiian Affairs.

"Having a Democratic majority creates a whole different environment. This issue really should not be partisan, but regrettably, it has been," he said.

In Hawaii, it has broad bipartisan support among politicians, although some Native Hawaiian groups oppose it as a federal intrusion on their sovereign rights.

Akaka has said a Native Hawaiian government would redress wrongs done during the U.S.-backed overthrow of the Hawaiian monarchy in 1893.

There are about 400,000 people of Native Hawaiian ancestry nationwide, and 260,000 of them live in Hawaii. No one would be required to join the Hawaiian government entity, which has yet to be clearly defined.

The measure also would protect programs that help Hawaiians receive affordable housing, preserve their culture and seek government financial support against lawsuits that claim they are discriminatory, said Micah Kane, chairman for the Department of Hawaiian Home Lands.

"These things don't come easy," Kane said. "If we focus and we stay united, we have a good chance at getting the bill out of the Senate."

Even if the proposal passes both the House and Senate, it still could face a veto from Bush.

Unlike last year, however, the Department on Justice and the U.S. Commission on Civil Rights have not yet issued statements opposing the bill's passage. Kane said this likely will come once a vote is scheduled.

Lingle, as governor, will continue to lobby for support of Native Hawaiian recognition from Republican lawmakers and the Bush administration, said spokesman Russell Pang.

Democrat Hirono said she feels Bush will come around.

"I always think that people, presented with the facts, will make the right decision," she said. "Even the president."

(Copyright 2027 by The Associated Press.  All Rights Reserved.)

June 09, 2007   08:20 PM EDT

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