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Consideration of the Substitute Amendment to S.344, The Native Hawaiian Government Reorganization Act of 2004

Business Meeting of the Senate Committee on Indian Affairs

April 21, 2004

Thank you, Mr. Chairman. I thank you for scheduling the Committee's consideration of the substitute amendment to S. 344, the Native Hawaiian Government Reorganization Act of 2004. I thank the cosponsors of this legislation, Senators Inouye, Reid, Stevens, Hatch, and Smith, for their efforts to assist in extending the federal policy of self-governance and self-determination to Hawaii's indigenous peoples, Native Hawaiians.

The substitute amendment reflects the many discussions Senator Inouye and I have had with our colleagues, the Secretary of the Interior, and officials within the Department of the Interior. The amendment remains true to the purpose of the legislation which is to clarify the political and legal relationship between Native Hawaiians and the United States by extending the federal policy of self-governance and self-determination to Native Hawaiians.

The substitute amendment continues to authorize the Office of Native Hawaiian Relations in the Department of the Interior and establishes the Native Hawaiian Interagency Coordinating Group. There were no changes to these sections of the bill.

Substantive changes were made to sections 7 and 8 of the legislation. In section 7, we modified the process for the reorganization of the Native Hawaiian governing entity by establishing a commission charged with maintaining the roll and certifying that individuals on the roll meet the definition of Native Hawaiian in the legislation. Commissioners will be appointed by the Secretary of the Interior and will be Native Hawaiian and have expertise in the determination of Native Hawaiian ancestry and lineal descendancy. The commission was in the version of the bill considered in the 106th Congress, and I am pleased to see its inclusion in the substitute amendment.

I have always said that this bill is about advancing the process of reconciliation between Native Hawaiians and the United States. I have always believed the first step was for Native Hawaiians to be provided a seat at the table so that fair negotiations with the United States and the State of Hawaii could ensue. The substitute amendment further clarifies these objectives. In section 8, we clarified the issues that will be subject to negotiations between the Native Hawaiian governing entity, the State of Hawaii and the United States.

I assure my colleagues that this legislation will not adversely impact funding for Indian programs and services. It will not authorize gaming in Hawaii. Mr. Chairman, after working on this legislation for the past five years, I believe it is ready for enactment. I urge my colleagues to support the substitute amendment and to report S. 344 for consideration by the Senate.


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April 2004

 
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