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. Unfortunately, due to the objection of a few of my colleagues in this chamber, the bill has not been considered by the Senate.
When I first started my career in Congress, over 30 years ago, there was a protocol and a courtesy. If legislation was going to impact a particular state, and the leaders of that state all supported the issue, it was protocol that other Members would not interfere or obstruct efforts to legislate on behalf of that state. Unfortunately, this longstanding protocol and courtesy no longer exists.
S. 147 is widely supported in Hawaii. It is strongly supported by Hawaii's first Republican Governor in 40 years, Linda Lingle. It is supported strongly by Hawaii's State Legislature which has passed three resolutions in favor of extending the federal policy of self-governance and self-determination to Native Hawaiians. It is supported by almost every single political leader in Hawaii. S. 147 is also supported by Native Hawaiians and non-Native Hawaiians.
Why - you might ask? Because in Hawaii, Native Hawaiian issues are nonpartisan. We have tremendous respect for the indigenous peoples who have shared their lands, traditions, and cultures with the rest of us.
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, I have been patient, and the people of Hawaii have been patient. For the past three years, the Majority and Democratic Leaders have been working with my to uphold a commitment that was made at the end of the 108th Congress that we would consider and vote on this bill. Unfortunately their efforts have been thwarted by a handful of colleagues who have taken upon themselves to block this bill despite the widespread support we have for this bill in Hawaii.
After seven years of delay by a few of my colleagues, it is time that we are provided with the opportunity to debate this bill in the open. I will be coming to the floor to talk about my bill every day until we begin debate on the bill. I will use every day to talk about what my bill does and does not do and to respond to the outright mistruths that have been spread about the legislation. I will use every day to help share Hawaii's history with my colleagues as the opponents to this legislation have taken it upon themselves to rewrite the tragedies of Hawaii's history in a manner that suits them for the purposes of opposing this legislation. I am deeply saddened by their tactics - but I am committed to ensuring that the Members of this body and all of the citizens in the United States understand Hawaii's history and the importance of extending the federal policy of self-governance and self-determination to Hawaii's indigenous peoples, Native Hawaiians.
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 thrown 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, Native Hawaiians have retained established 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, by no choice of their own, I remind you, colleagues, 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 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.
This, colleagues, is why this bill is important to the people of Hawaii. I ask all of you to respect our efforts by voting to bring this bill to the floor for consideration and for a vote.
