WASHINGTON, D.C. -- The Native Hawaiian Government Reorganization Act (H.R. 505), passed the full U.S. House today by a vote of 261-153.  The identical Senate version (S. 310) has been favorably reported by the Senate Indians Affairs Committee and is awaiting action on the Senate floor.  The bill is identical to the language successfully negotiated with the Hawaii Congressional delegation, Hawaii State Attorney General, and officials from the Administration in September 2005.  

Congress has historically treated Native Hawaiians in a manner similar to American Indians and Alaska Natives.

            Since the annexation of the Territory of Hawaii, Native Hawaiians, Hawaii's indigenous peoples, have been treated by Congress in a manner similar to American Indians and Alaska Natives.  Congress has passed over 160 statutes to address the conditions of Native Hawaiians and has repeatedly recognized the United States' political and legal relationship with Native Hawaiians.  S. 310 formally extends the federal policy of self-governance and self-determination to Native Hawaiians, thereby providing parity in federal policies toward American Indians, Alaska Natives, and Native Hawaiians. 

What S. 310 provides:

            S. 310 provides a process for the reorganization of the Native Hawaiian governing entity, including the development of a base roll of the adult members of the Native Hawaiian community and the election of a Native Hawaiian Interim Governing Council charged with developing the organic governing documents of the Native Hawaiian governing entity.  Upon recognition of the Native Hawaiian governing entity, the United States, the state of Hawaii, and the Native Hawaiian governing entity are authorized to enter into negotiations designed to reach agreements on such matters including but not limited to the transfer of lands, natural resources and other assets, and the exercise of governmental authority over any transferred lands.

            As the governmental parties reach agreement on one or more of these matters, the bill provides that they shall submit recommendations to Congress and to the Hawaii State Legislature for proposed amendments to federal and state law that will enable the implementation of the agreements reached between the three governments.

What the Bill Does Not Provide:

            No New Federal Outlays: Federal programs for Native Hawaiians are already in place and are generally funded out of non-Interior Department appropriations accounts.  S. 310 makes clear that Native Hawaiians are not eligible for Indian programs and services, and thus do not compete with program funding for American Indians and Alaska Natives.

            No Gaming or Eligibility for BIA Programs:  S. 310 makes clear that the Native Hawaiian governing entity will not be authorized to conduct gaming under the authority of Federal law - the Indian Gaming Regulatory Act, and all forms of gaming are criminally prohibited under the laws of the State of Hawaii.  S. 310 also provides that the bill is not an authorization for eligibility to participate in any programs and services provided by the Bureau of Indian Affairs for any persons who are not otherwise eligible for such programs or services.

Support for S. 310:

            Bipartisan support for Native Hawaiians: S. 310 is cosponsored by both Democrats and Republicans including, Senators Inouye, Dorgan, Cantwell, Dodd, Coleman, Murkowski, Stevens, and Smith.  The Hawaii State Legislature adopted resolutions supporting the recognition by the United States of a Native Hawaiian governing entity in 2000, 2001, and 2005.  Hawaii's Governor, Linda Lingle, testified in strong support of federal recognition for Native Hawaiians on February 25, 2003, and March 1, 2005.

            In resolutions adopted by the oldest and largest national Indian organization, the National Congress of American Indians, and the largest organization representing the Native people of Alaska, the Alaska Federation of Natives, members of both groups have consistently expressed their strong support for enactment of a bill to provide for recognition by the United States of a Native Hawaiian governing entity.  National organizations including, the American Bar Association, National Indian Education Association, and Japanese American Citizens League have also passed resolutions in support of federal recognition for Hawaii's indigenous peoples.      

-30-