By Jordy Yager
Sen. Daniel Akaka (D-Hawaii) is leaning on his party's freshman senators to move legislation that would give Native Hawaiians the power to form their own government and negotiate with state and federal governments.
The effort to federally recognize the 50th state's indigenous population has been a struggle, despite a nearly decade-long effort by Akaka and others on Capitol Hill. The last attempt came during the 109th Congress, when 41 Senate Republicans opposed calling up the legislation - enough in a chamber that needs 60 votes to advance contentious bills.
Akaka, a Native Hawaiian himself and the bill's sponsor, says his people deserve the same rights as Native Americans and Native Alaskans. He's hoping that Democratic control of both chambers and the departure of six Senate Republicans who voted to block the measure last time will translate into success. All he needs to do is convince four of the chamber's six freshman Democrats who replaced them to back the measure.
He's nearly there. Sens. Claire McCaskill (D-Mo.), Sheldon Whitehouse (D-R.I.) and Jon Tester (D-Mont.) have already signed up. If he can muster commitments from undecided Sens. Jim Webb (D-Va.), Sherrod Brown (D-Ohio) and Bob Casey Jr. (D-Pa.), the bill has a fighting chance.
A companion bill sponsored by Rep. Neil Abercrombie (D-Hawaii) passed the House in October, 261-153, and is on the Senate calendar. Akaka's version was approved by the Senate Indian Affairs Committee last May, but is one of many measures on Senate Majority Leader Harry Reid's (D-Nev.) list to bring to the floor in an election year.
Opponents, including the White House, say the proposal is unconstitutional on the grounds that it grants voting privileges based on race and therefore violates the 15th Amendment.
Akaka said that the bill calls for no policy shifts other than providing Native Hawaiians with the platform to negotiate with state and federal officials - the same right Native Americans and Alaskans have. He has garnered four Republican co-sponsors - including both Alaskan senators.
"Opponents of the legislation have sought to spread misinformation about the bill," Akaka said in an e-mail interview. "This bill is about the rights of indigenous people, not race. ... All governmental power and authority currently held by the federal and state governments remain, unless otherwise negotiated and voted into law by those elected bodies."
Abercrombie, frustrated with the Senate's filibuster capacity, said he does not understand why senators would vote against the bill.
"What on earth possesses you to [oppose] this?" said Abercrombie, a 17-year House veteran. "What the hell did the Hawaiians ever do to you? How does this affect your constituents? And don't give me some highfalutin argument about how the Constitution is about to tumble into the abyss."
Even with enough votes, the measure faces opposition from the Bush administration.
A veto threat was issued last fall in a Statement of Administration Policy.
"Given the substantial historical and cultural differences between Native Hawaiians as a group and members of federally recognized Indian tribes, the administration believes that tribal recognition is inappropriate and unwise for Native Hawaiians and would raise serious constitutional concerns. The administration strongly opposes any bill that would formally divide sovereign United States power along suspect lines of race and ethnicity," the administration stated.
Opponents say the measure discriminates against non-native Hawaiians.
Leading the criticism is syndicated columnist George Will, who compared the bill's racial preference to those employed by Nazi Germany against Jews. If approved, Will wrote, the measure would set a precedent for other indigenous groups to gain federal recognition.
"Imagine the lesson that some descendants of Hispanics who lived in the Southwest before 1848 would learn from it," Will wrote, alluding to the impact the bill could have on the nation's immigration debate.
In an attempt to ward off potential attacks, Akaka has included language in his bill prohibiting gaming (currently illegal in Hawaii) and maintaining that civil and criminal jurisdiction currently held by state and federal governments remain unless otherwise negotiated with the Native Hawaiian governing entity after the bill's passage.
Many wonder if 1.8 million acres of land ceded to Native Hawaiians by Congress is at the heart of Akaka's bill because it would be the first step towards giving Native Hawaiians the legal ground to manage the trust.
Akaka admits this may occur in the future but said the bill itself has no bearing on the land's management.
"While future negotiations may involve the land trust, no land transfers occur automatically," Akaka said, adding: "No property owned by private citizens will be affected in this process."
Republican Gov. Linda Lingle has long been a supporter of the measure and has lobbied the White House on the bill's behalf over the years.
If the bill has a hope to pass in this Congress, it is likely to move to the Senate floor within the next eight weeks before the Memorial Day recess. After that, congressional and presidential campaigns will gain more of a focus.
Posted: 04/01/08 07:03 PM [ET]
http://thehill.com/leading-the-news/freshman-senators-hold-key-to-native-hawaiian-bills-hopes-2008-04-01.html
