Mr. President, I rise today to talk about bipartisan legislation that is of critical importance to the people of Hawaii, S. 147, the Native Hawaiian Government Reorganization Act of 2005. S. 147 would extend the federal policy of self-governance and self-determination to Hawaii’s indigenous peoples, Native Hawaiians, by authorizing a process for the reorganization of a Native Hawaiian governing entity for the purposes of a government-to-government relationship with the United States.

Together with my senior Senator, and the rest of Hawaii’s Congressional delegation, I first introduced this bill in 1999. The bill passed the House in 2000, but unfortunately, the Senate adjourned before we could complete consideration of the bill. Since then, I have introduced the bill every Congress. In every Congress, the committees of jurisdiction, the Senate Committee on Indian Affairs and the House Committee on Resources, have favorably reported the bill and its companion measure.

I thank our Majority Leader, the senior Senator from Tennessee, who is working to uphold his commitment to bring this bill to the Senate floor for a debate and roll call vote. I also appreciate the efforts of my colleague from Arizona, who opposes the bill on substance, but has worked with me to uphold his promise to allow the bill to come to the floor for a debate and roll call vote.

Mr. President, S. 147 does three things. First, it authorizes the Office of Native Hawaiian Relations in the Department of the Interior. The office is intended to serve as a liaison between Native Hawaiians and the United States. It is NOT intended to become another Bureau of Indian Affairs, as the current federal programs for Native Hawaiians will remain with the agencies who currently administer those programs.

Second, the bill establishes the Native Hawaiian Interagency Coordinating Group. This is a federal working group to be composed of representatives from federal agencies who administer programs and services for Native Hawaiians. There is no statutory requirement for these agencies to work together. This working group can coordinate policies to ensure consistency and prevent unnecessary duplication in federal policies impacting Native Hawaiians.

Finally, the bill authorizes a process for the reorganization of the Native Hawaiian governing entity. Why do we need to reorganize the entity? Because the Native Hawaiian government was overthrown with the assistance of U.S. agents in 1893. Rather than shed the blood of her people, our beloved Queen, Lili’uokalani, abdicated her throne after being arrested and imprisoned in her own home. Following the overthrow, a Republic was formed. Any reformation of a native governing entity has been discouraged.

Despite this fact, Native Hawaiians have established distinct communities and retained their language, culture, and traditions. They have done so in a way that also allows other cultures to flourish in Hawaii. Now, their generosity is being used against them by opponents of this bill who claim that because Native Hawaiians do not have a governing entity they cannot partake in the federal policy of self-governance and self-determination that is offered to their native brethren in the United States.

My bill authorizes a process for the reorganization of the Native Hawaiian governing entity for the purposes of a federally recognized government-to-government relationship. There are many checks and balances in this process which has the structure necessary to comply with federal law and still maintains the flexibility for Native Hawaiians to determine the outcome of this process.

Further, my bill includes a negotiations process between the Native Hawaiian governing entity, the State of Hawaii, and the United States, to address issues such as lands, natural resources, assets, criminal and civil jurisdiction, and historical grievances. Nothing that is currently within the jurisdiction of another level of government can be conveyed to the Native Hawaiian government without going through this negotiations process.

I am proud of the fact that this bill respects the rights of Hawaii’s indigenous peoples through a process that is consistent with federal law, and it provides the structured process for the people of Hawaii to address the longstanding issues which have plagued both Native Hawaiians and non-Native Hawaiians since the overthrow of the Kingdom of Hawaii.

I want to reiterate, colleagues, that this bill is not race-based. This bill is based on the federal policies towards indigenous peoples. Those who characterize this bill as race-based fail to understand the federal policies towards indigenous peoples. Those who characterize this bill as race-based fail to understand the legal and political relationship the United States has with the indigenous peoples whose governments pre-existed the United States. Finally, those who characterize this bill as race-based are really saying that Native Hawaiians are not native enough. I find this offensive and I ask that you to join me in my efforts to bring parity to Native Hawaiians by enacting my bill.