On January 17, 2007, Senator Akaka along with the Hawaii Congressional Delegation introduced the Native Hawaiian Government Reorganization Act of 2007 (S. 310/H.R. 505). (Click here to read Senator Akaka's introductory remarks.)
While Congress has traditionally treated Native Hawaiians in a manner parallel to American Indians and Alaska Natives, the federal policy of self-governance and self-determination has not been formally extended to Native Hawaiians. The bill itself does not extend federal recognition - it authorizes the process for federal recognition.
Opponents to the bill have sought to spread misinformation about the legislation.
- The bill does NOT allow Hawaii to secede from the United States.
- The bill does NOT allow private lands to be taken.
- The bill does NOT authorize gaming in Hawaii.
- The bill does NOT create a reservation in Hawaii.
Instead, the bill sets up a process for the reorganization of the Native Hawaiian governing entity for the purposes of a federally recognized government-to-government relationship with the United States. This provides parity in the federal policies towards the indigenous peoples who exercised governance over lands which later became part of the United States.
This bipartisan bill is cosponsored by Senator Maria Cantwell (D-WA), Senator Norm Coleman (R-MN), Senator Christopher J. Dodd (D-CT), Senator Byron L. Dorgan (D-ND), Senator Daniel K. Inouye (D-HI), Senator Lisa Murkowski (R-AK), Senator Gordon H. Smith (R-OR), and Senator Ted Stevens (R-AK). The bill is strongly supported by Hawaii's Governor, Linda Lingle, while the Hawaii State legislature has passed three resolutions unanimously in support of federal recognition for Native Hawaiians.
In addition to its widespread support by both Native Hawaiians and non-Native Hawaiians in Hawaii, members of both 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, 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 such as the American Bar Association, Japanese American Citizen League, and the National Indian Education Association have also passed resolutions in support of federal recognition for Hawaii's indigenous peoples. Senator Akaka greatly appreciates the efforts of everyone involved who is working to enact this bill.
The Native Hawaiian Government Reorganization Act does three things:
- It establishes the Office of Native Hawaiian Relations in the Department of the Interior to serve as a liaison between Native Hawaiians and the United States.
- It establishes the Native Hawaiian Interagency Coordinating Group to be composed of federal officials from agencies which administer Native Hawaiian programs. Both of these provisions are intended to increase coordination between the Native Hawaiians and the federal government.
- It provides a process of reorganization of the Native Hawaiian governing entity for the purpose of a federally recognized government-to-government relationship with the United States.
This inclusive, democratic negotiations process represents both Native Hawaiians and non-Native Hawaiians. Negotiations between the recognized Native Hawaiian entity, the United States, and the state of Hawaii will address issues such as criminal and civil jurisdiction, historical grievances, and jurisdiction and control of natural resources, lands, and assets. While the bill provides structure, it also provides the Native Hawaiian community with the flexibility to truly reorganize its governing entity.
Senator Akaka sees this process as important for all people of Hawaii so that we can finally resolve the longstanding issues resulting from the overthrow of the Kingdom of Hawaii and move forward to provide the best future that we can for the children of Hawaii.
Most recently in the 109th Congress clarifications were made to the bill. S. 310 is IDENTICAL to legislative language negotiated between Senators Akaka and Inouye, and officials from the Department of Justice, Office of Management and Budget, and the White House. The language satisfactorily addresses concerns expressed in July 2005 by the Bush Administration regarding the liability of the United States in land claims, the impact of the bill on military readiness, gaming, and civil and criminal jurisdiction in Hawaii. This language has been publicly available since September 2005 and has been widely distributed. Details are provided below:
Liability of the United States
Senator Akaka has always maintained that this bill is not intended to serve as a settlement of any claims nor as a cause of action for any claims. Administration officials sought to extinguish any existing claims by Native Hawaiians related to breach of trust, land claims and resource-management or resource-protection claims. Senator Akaka prevailed in preventing the extinguishment of claims. The bill makes clear that any grievances regarding historical wrongs committed against Native Hawaiians by the United States or by the State of Hawaii are to be addressed in the negotiations process between the Native Hawaiian governing entity and Federal and State governments. The bill allows the federal government to assert sovereign immunity against any claims against the United States related to breach of trust, land claims, resource-management and resource protection claims by Native Hawaiians. The effect of this language is that the claims become non-justiciable in a court of law. The claims, therefore, may not be heard in a court of law, but may be resolved in the negotiations process between the Native Hawaiian governing entity and federal and state governments.
Military Readiness
Due to concerns raised by the Department of Defense (DoD) to the consultation requirements expected to be facilitated by the Office of Native Hawaiian Relations in the Department of the Interior and the Native Hawaiian Interagency Coordinating Group; negotiated language exempts the Department from these consultation requirements. However, these exemptions do not alter nor terminate requirements of the DoD to consult with Native Hawaiians under the Native Graves Protection and Repatriation Act (NAGPRA), National Historic Preservation Act (NHPA), and other existing statutes.
Gaming
The bill includes language which states that gaming may not be conducted by Native Hawaiians or the Native Hawaiian governing entity as a matter of claimed inherent authority or under the authority of any federal laws or regulations promulgated by the Secretary of the Interior or the National Indian Gaming Commission. The bill also makes clear that the prohibition applies to any efforts establish gaming by Native Hawaiians and the Native Hawaiian governing entity in Hawaii and in any other State or territory. This language only applies to efforts to establish gaming operations as a matter of inherent authority as indigenous peoples or under federal laws pertaining to gaming by native peoples.
Civil and Criminal Jurisdiction
The bill includes language which makes clear that civil and criminal jurisdiction currently held by the federal and state governments remain with the federal and state governments unless otherwise negotiated and implementing legislation is enacted.
Certification Commission Amendment
The bill initially required that members of the certification commission be Native Hawaiian. The substitute amendment removes the Native Hawaiian requirement and instead requires that the commissioners have at least 10 years of demonstrated experience in the study and determination of Native Hawaiian genealogy and an ability to read and translate into English documents written in the Hawaiian language. The purpose of the commission is to establish the eligibility criteria for Native Hawaiians who sign up to be on the roll.
Single Entity
The bill makes clear that the bill authorizes the recognition of a single Native Hawaiian governing entity.
Special Political and Legal Relationship
The bill defines the special political and legal relationship between Native Hawaiians and the United States as similar in nature to the relationship that the United States has with federally recognized Indian tribes.
