Washington, D.C. -- Senator Daniel K. Akaka (D-HI) today released the substitute amendment to S. 147 which he plans to introduce when the U.S. Senate begins consideration of the Native Hawaiian Government Reorganization Act of 2005. The substitute amendment reflects the successful negotiations between Hawaii's Congressional delegation, Hawaii's Attorney General, and officials from the Department of Justice (DOJ), Office of Management and Budget, and White House. In a letter written to Senator John McCain, Chairman, Senate Committee on Indian Affairs, in July 2005, the DOJ identified four specific areas of concern regarding the legislation: liability of the United States, military readiness, civil and criminal jurisdiction, and gaming.
Senator Akaka noted, "I am pleased that our negotiations with the White House and Executive Branch officials were successful. The compromises we made preserve the intent and purpose of the bill."
Senator Daniel Inouye stated, "Our success with the Administration reflects a dialog of respect between Native Hawaiians and the White House. From mutual respect grows trust, and with trust as a foundation, we can build a future that recognizes the dignity of Native Hawaiians by allowing them to stand proudly as equals among the other indigenous peoples of America. The amendment marks a significant milestone along the road to federal recognition of Native Hawaiians, and I am proud to join Senator Akaka in announcing this achievement."
Congressman Neil Abercrombie added, "The substitute language addresses every concern raised by the Administration on these key issues. For the bill's prospects in the House, the only question now is whether the President will give his unambiguous endorsement. That will put the goal of Native Hawaiian recognition within reach."
Congressman Ed Case said, "Successful resolution of the administration's technical and policy concerns with S.147/H.R.309 is a major benchmark toward passage of the Akaka bill as well as a testament to good faith negotiations between our delegation, the executive, our state government and Native Hawaiian representatives. It will also go a long way toward refuting the ongoing campaign of misinformation and fear being waged by the bill's opponents. I am hopeful that it will be followed by needed White House endorsement of this nonpartisan initiative."
The bill would clarify the existing political and legal relationship between the United States and Hawaii's indigenous peoples; and provide a process for the reorganization of the Native Hawaiian governing entity for the purposes of a federally recognized government-to-government relationship.
Over the past six years, Senators Akaka and Inouye have fought hard against efforts to use this bill as a settlement of claims. While some have advocated strongly for the extinguishment of claims, Hawaii's Senators fought to prevent the bill from being a settlement of claims and fought to prevent the abrogation of claims. The legislative language agreed to allows the United States and the State of Hawaii to assert sovereign immunity against any claims related to breach of trust, land, resource protection or resource-management claims making such claims non-justiciable in a court of law. The amendment explicitly references historical grievances in the negotiations section of the bill, ensuring that such claims are not extinguished.
Senator Akaka stated, "The issue of greatest concern to the United States was the issue of liability. I have always said that longstanding issues, including land claims, were to be addressed in the process of reconciliation - an ongoing dialogue between Native Hawaiians and the United States."
"While I have always sought to protect any claims that may exist, it has never been my intent that this bill be used to create a claim against the United States. Therefore, we agreed to language which states that claims cannot be brought in a court of law but instead must be negotiated in the negotiations process in section 8 of the bill," Senator Akaka said.
The Executive Branch sought stronger language on the prohibition of gaming by the Native Hawaiian governing entity. The substitute amendment includes language which prohibits gaming by the Native Hawaiians under any federal law in Hawaii or in any other State or Territory. The substitute amendment also includes language which makes clear that civil and criminal jurisdiction currently held by the State and Federal governments will remain with the State and Federal governments until otherwise negotiated with the Native Hawaiian governing entity. With respect to military readiness, the Department of Defense already adheres to consultation requirements with Native Hawaiians under litigation agreements as well as the Native American Graves Repatriation Act and National Historic Preservation Act. The substitute amendment exempts the Department of Defense from the consultation requirements facilitated by the Office of Native Hawaiian Relations in the Department of the Interior and the Native Hawaiian Interagency Coordinating Group.
As of yet, the cloture vote on the motion to proceed to S. 147 has not been rescheduled by the Majority Leader. Senator Akaka remains steadfast in getting a date before session adjourns.
