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STATEMENT OF U.S. SENATOR DANIEL K. AKAKA

Senate Committee on Indian Affairs Hearing on S. 344, a bill expressing the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity, and for other purposes.

February 25, 2003

Thank you, Mr. Chairman, I appreciate your convening this hearing. I thank Governor Linda Lingle and Trustee Haunani Apoliona, Chair of the Office of Hawaiian Affairs, and Micah Kane, Chairman, Hawaiian Homes Commission, for joining us this morning. I also welcome the newest member of our delegation, Representative Ed Case. Your testimony is vitally important as representatives of the people of Hawaii.

I want to also thank our brother from American Samoa, Congressman Eni Faleomavaega, who has worked with us on this legislation since 1999, for participating in today's hearing. I look forward to working with all of you to enact this legislation.

I have repeatedly stated that Native Hawaiian issues are nonpartisan because all of us in Hawaii recognize the need to address the conditions of Hawaii's indigenous peoples, Native Hawaiians. This is sometimes difficult for our colleagues in Congress to understand given the diversity and unique qualities of Hawaii's people. All of us respect and recognize the need to preserve the culture and traditions of Hawaii's indigenous peoples. Your appearance this morning, Governor Lingle, demonstrates the importance that all people in Hawaii place on the need to address the conditions of Native Hawaiians, and I want to thank you for appearing before the Committee today.

As a Native Hawaiian, I firmly believe that it is important to understand the ways of our ancestors and honor our culture and traditions. In this day and age, it is also important to appreciate all cultures and traditions, and as indigenous peoples, we must be able to function effectively between indigenous and non-indigenous settings. The federal policy of self-determination and self-governance and the partnerships formed between the United States and native governments is the appropriate avenue to accomplish this goal. For that reason, we have worked to draft legislation which would extend the federal policy of self-determination and self-governance to Native Hawaiians. The political relationship made possible by this policy is an important element in the process of reconciliation between the United States and the Native Hawaiian people. It is with the goal of reconciliation in mind that I have pursued passage of this legislation and worked on all other issues of concern to Native Hawaiians.

The legislation would also establish an office in the Department of the Interior to address Native Hawaiian issues and to continue the process of reconciliation pursuant to legislation that we worked on for five years and saw signed into law a decade ago. I am referring to Public Law 103-150, commonly referred to as the Apology Resolution. The Apology Resolution was significant not only because it apologized to Native Hawaiians for the participation of U.S. agents in the overthrow of the Kingdom of Hawaii, but also because it commits the United States to a process of reconciliation.

Reconciliation is an incremental dialogue between Native Hawaiians and the United States. It is a structured process to address the many longstanding issues resulting from the overthrow of the Kingdom of Hawaii. In addition to continuing this process of reconciliation, the office would serve as a liaison between Native Hawaiians and the federal government and would assist in facilitating the government-to-government relationship. The bill would also establish an interagency working group composed of federal officials representing agencies with policies that impact Native Hawaiians.

This bill is not race-based. Instead, this bill recognizes the legal and political relationship between the United States and the aboriginal, indigenous peoples who occupied the lands now comprising the United States who were sovereigns who existed prior to the formation of the United States: American Indians, Alaska Natives, and Native Hawaiians.

This legislation would not adversely impact program funding for Indian Country, as appropriations for Native Hawaiian programs have been and will continue to be separate from programs addressing the needs of American Indians and Alaska Natives. The bill explicitly states that it does not authorize additional eligibility for programs administered by the Bureau of Indian Affairs. In addition, this bill would not authorize gaming under the Indian Gaming Regulatory Act.

Finally, this bill is widely supported by the State of Hawaii, as evidenced by two resolutions unanimously passed by the Hawaii State Legislature, and by the appearance of Governor Linda Lingle, who also supports this bill. This bill is also widely supported in Indian Country, as reflected in the resolutions of support repeatedly passed by the National Congress of American Indians and the Alaska Federation of Natives.

Mr. Chairman, this bill was originally drafted based on input from five working groups consisting of representatives from federal agencies, state agencies, the Native Hawaiian community, the Native American community and constitutional scholars with expertise in federal Indian law. We relied heavily on input from the Native Hawaiian community. Over 100 people were initially involved in the drafting of this legislation. Hearings were held in Hawaii and in Washington, D.C. during the 106th Congress. After considering testimony and input that we continued to receive, we modified the legislation during the 107th Congress.

S. 344 is identical to legislation reported by this Committee during the 107th Congress. I will continue to consider all input and testimony received on this measure, and to work with my colleagues to enact this measure which is so vital to the people of Hawaii.


Year: 2008 , 2007 , 2006 , 2005 , 2004 , [2003] , 2002 , 2001 , 2000 , 1999 , 1900

February 2003

 
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