Native Hawaiian federal recognition legislation which would clarify the political relationship between Native Hawaiians and the United States was introduced today in the Senate and House of Representatives by the Hawaii Congressional delegation. U.S. Senator Daniel K. Akaka (D-Hawaii) and U.S. Senator Daniel K. Inouye (D-Hawaii) introduced the bill in the Senate. Representative Neil Abercrombie (D-Hawaii) and Representative Ed Case (D-Hawaii) introduced the measure in the House. The goal of the legislation remains unchanged: it extends the federal policy of self-determination and self-governance to Hawaii's indigenous, native people - Native Hawaiians, thereby establishing parity in federal policies towards Native Hawaiians, Alaska Natives and American Indians.

The legislation is identical to S. 746 and H.R. 617 as reported by the Senate Committee on Indian Affairs and House Committee on Resources in the 107th Congress. This bill has three components: it provides for a process for federal recognition of the Native Hawaiian governing entity, establishes an office within the Department of the Interior to focus on Native Hawaiian issues and to serve as a liaison between Native Hawaiians and the Federal government, and creates an interagency coordinating group to be composed of representatives of federal agencies which administer programs and implement policies impacting Native Hawaiians. Federal programs currently administered with other federal agencies would remain with those agencies. In addition, the legislation explicitly states that neither gaming in Hawaii, under the authority of the Indian Gaming Regulatory Act, nor eligibility for programs administered by the Bureau of Indian Affairs is authorized by the bill.

Senator Akaka remarked that the United States has declared a special responsibility for the welfare of the native people of the United States, including Native Hawaiians. "Congress has recognized Native Hawaiians as the aboriginal, indigenous, native people of Hawaii and has passed over 160 statutes addressing the conditions of Native Hawaiians," Akaka said. "The measure that we are introducing today extends the federal policy of self-determination and self-governance to Native Hawaiians by authorizing a process of reorganization of a Native Hawaiian government for the purposes of a federally recognized government-to-government relationship with the United States. This measure establishes parity in federal policies towards American Indians, Alaska Natives and Native Hawaiians. This measure does not create a political relationship between Native Hawaiians and the United States. Rather, it clarifies the existing political relationship between Hawaii's indigenous people and the United States."

Senator Daniel K. Inouye, senior member of the Hawaii Congressional delegation and the Vice Chairman of the U.S. Senate Committee on Indian Affairs said, "The process that Senator Akaka and our colleagues in the House have initiated today should enable the Congress to act expeditiously on this measure. After all, this legislation reflects the thoughts and recommendations of hundreds of citizens of Hawaii who presented oral and written testimony to House and Senate committees in five lengthy days of hearings in Hawaii in August of 2000 as well as hearings subsequently held in Washington."

"Our bill gives the Native Hawaiian community the tools to guide its own destiny," said Representative Neil Abercrombie. "By providing an opportunity for a government-to-government relationship with the United States, it offers Native Hawaiians a seat at the table and a direct voice to address issues like land claims, education, housing, health care, economic development, and culture.

"Simple justice mandates this measure. The historical record supports our case. Native Hawaiians never relinquished their claims to self-government. The Apology Resolution of 1993 acknowledged the role of the United States government, U.S. diplomatic agents, and U.S. military forces in the overthrow of the Hawaiian monarchy. The Hawaiian Homes Commission Act of 1920, the Admissions Act of 1959, and many other acts recognize Native Hawaiians as a distinct indigenous population having a special trust relationship with the federal government. It took hard work, bipartisan cooperation, and mana'o from throughout the community to get this far, and we're going to make every effort to pass the bill into law during this term of Congress."

Representative Ed Case added, "Federal recognition must be Hawaii's single highest priority in our federal efforts. This is not only the natural next step in a long process of reconciliation for Native Hawaiians, but necessary to the continuation of our Hawaii as we know it. That Hawaii cannot exist without the survival and prosperity of our indigenous people and culture. Federal recognition is the only way to protect the current and future programs and entities which assure that culture's survival. In both ways, we all have a huge stake in federal recognition."

Senator Akaka also addressed some misconceptions regarding the bill. He indicated that the legislation has never been intended to circumvent the 1999 United States Supreme Court decision in the case of Rice v. Cayetano. He also challenged as erroneous assertions that the bill would establish race-based preferences for any group.

"This measure does not establish entitlements or special treatment for Native Hawaiians based on race," Akaka stated. "This measure focuses on the political relationship afforded to Native Hawaiians based on the United States' recognition of Native Hawaiians as the aboriginal, indigenous people of Hawaii. Extending the federal policy of self-determination and self-governance to Native Hawaiians is indispensable to further the process of reconciliation between Native Hawaiians and the United States."

The legislation does not preclude Native Hawaiians from seeking alternatives in the international arena. This measure focuses solely on self-determination within the framework of federal law and seeks to establish equality in the federal policies extended towards American Indians, Alaska Natives and Native Hawaiians.