Department of Justice Seal

FOR IMMEDIATE RELEASE

OTJ

WEDNESDAY, AUGUST 23, 2000

(202) 514-2008

WWW.USDOJ.GOV

TDD (202) 514-1888


NATIVE HAWAIIAN RECONCILIATION

DRAFT REPORT RELEASED


WASHINGTON - The Department of the Interior and the Department of Justice announced today the release of a draft report regarding the reconciliation process between the federal government and Native Hawaiians that included a series of meetings held on Oahu and five of the neighbor islands in December, 1999.

"It is apparent from the comments we received during the reconciliation process that Native Hawaiians continue to maintain a distinct community and desire to control their own affairs," stated John Berry, Assistant Secretary for Policy, Management and Budget, Department of the Interior. "As a matter of justice and equity, we believe that Native Hawaiians should have self-determination over their own affairs within the framework of federal law, as do most Native American tribes," Berry continued.

"We believe that the past history of United States-Native Hawaiian relations affirms instances in which U.S. actions were less than honorable," commented Jacqueline Agtuca, Acting Director, Office of Tribal Justice, Department of Justice. "For justice to be served, the federal government should honor the unique relationship that exists with Native Hawaiians and respond to their desire for more local control."

Both Berry and Agtuca noted that the final draft of the Native Hawaiian reconciliation report will address comments from the public and they urged interested citizens to review the document and provide their views in writing. "We are providing an opportunity for open public comment regarding the draft plan for action contained in the draft report," emphasized Berry. "Now is the time to read the plan, consider what it means, and tell us your reaction. I cannot emphasize enough the necessity for public input at this crucial time in Native Hawaiian history."

A summary of the draft report's recommendations follows. In addition, the draft report will be available immediately at the Department of the Interior for public review and also on the Department of the Interior web site at http://www.doi.gov/nativehawaiians/ (The draft report will be available on the web in the form of PDF files readable with Adobe Acrobat Reader.)

Comments must be received by the Department of the Interior within 30 days or by September 22, 2000. In addition, a copy of the draft report is being mailed to everyone who legibly provided a name and address at any of the public meetings in Hawaii, all people who participated in the roundtable discussion held on December 11, 1999, and all people who included a return address with written statements on the reconciliation process provided to the Interior Department during or since the hearings.

Copies for review will be available within ten business days at all public library branches throughout Hawaii, Office of Hawaiian Affairs and Department of Hawaiian Home Lands Offices on all islands, University of Hawaii at M'noa Hamilton Library Hawaiian Collection, University of Hawaii at M'noa Center for Hawaiian Studies, University of Hawaii at Hilo Hawaiian Studies Department, U.S. Fish and Wildlife Service in the Prince Kuhio Federal Building, and at Niÿihau School.

Written comments can be submitted to Assistant Secretary John Berry, c/o Document Management Unit, Department of the Interior, 1849 C Street, NW, Mailstop-7229, Washington, DC, 20240. Written comments will also be accepted at Office of Hawaiian Affairs offices on all islands, which will transmit them to Interior by overnight mail, at Interior's expense, on September 8 and September 21, 2000. You may fax comments to (202) 208-3230 or (202) 219-1790 or (202) 219-1989. Electronic submissions are welcomed, but please send a hard copy of your statement as well.

Email: Karen_Sprecher_Keating@ios.doi.gov or

Edward_K_Thompson@ios.doi.gov

The Departments are aware that the deadlines are tight but are also aware that finalization and issuance of the final report will take some additional time once comments have been received. To accomplish as much as possible this year, it is necessary that comments to be sent quickly. Any comments received after the deadline will be read and may be incorporated in future actions taken.

Native Hawaiian Reconciliation Process Plan of Action

Recommendation 1. It is evident from the documentation, statements, and views received during the reconciliation process undertaken by Interior and Justice pursuant to Public Law 103-150 (1993), that the Native Hawaiian people continue to maintain a distinct community and certain governmental structures and they desire to increase their control over their own affairs and institutions. As a matter of justice and equity, this report recommends that the Native Hawaiian people should have self-determination over their own affairs within the framework of federal law, as do Native American tribes. For generations, the United States has recognized the rights and promoted the welfare of Native Hawaiians as an indigenous people within our Nation through legislation, administrative action, and policy statements. To safeguard and enhance Native Hawaiian self-determination over their lands, cultural resources, and internal affairs, the Departments believe Congress should enact further legislation to clarify Native Hawaiians' political status and to create a framework for recognizing a government-to-government relationship with a representative Native Hawaiian governing body. The determination of precisely how and whether a Native Hawaiian governing body should be recognized is a task that Congress should undertake in consultation with the Native Hawaiian people. Interior and Justice are ready to provide any appropriate assistance to Congress on these issues and will continue to work with the Native Hawaiian people to promote reconciliation and respect for Native Hawaiian rights in accord with Public Law 103-150.

Recommendation 2. This report recommends the establishment of an office in Interior to address Native Hawaiian issues, within the Office of the Assistant Secretary for Indian Affairs, following approval by the Office of Management and Budget and with appropriate Congressional notification.

Recommendation 3. This report recommends that the Department of Justice assign the Office of Tribal Justice on an ongoing basis to maintain a dialogue with the Native Hawaiian people on issues of mutual concern and to continue to work cooperatively with Interior on these issues.

Recommendation 4. This report recommends the creation of a Native Hawaiian Advisory Commission to consult with all bureaus within Interior that manage land in Hawaii regarding land management, resource, and cultural issues affecting Native Hawaiians.

Recommendation 5. The past history of United States-Native Hawaiian relations reveals many instances in which the United States actions were less than honorable. Native Hawaiians continue to suffer the effects of these actions, for which our Nation continues to have moral responsibility. For justice to be served, this report recommends that the past wrongs suffered by the Native Hawaiian people should be addressed. Case-by-case litigation would not be the most productive avenue for reconciliation. Instead, the Departments believe a more productive approach to reconciliation would be through more general efforts to promote the welfare of the Native Hawaiian people, respect their rights, and address the wrongs that their community has suffered. While the Departments are not able at this time to recommend a precise outline for these efforts, we believe that the Executive Branch, Congress, the State of Hawaii, and the Native Hawaiian people must develop an appropriate process to ensure true reconciliation.

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