Posted on: Wednesday, April 7, 2004

Amendment to streamline Native Hawaiian bill's language

By Frank Oliveri and Vicki Viotti
Advertiser Staff Writers

WASHINGTON — Native Hawaiian recognition could pick up steam today in the Senate with the filing of an amendment to the Akaka bill that reflects collaboration between lawmakers, the Interior Department and the state.

But just how much fuel the amendment will lend to the bill, still awaiting a final Senate vote, won't be evident for a few weeks. In yesterday's announcement of the amendment, Sen. Daniel Akaka said he and Democratic colleague Dan Inouye are trying — again — to shake loose time for a hearing on the Senate floor, adding that a bill reflecting the amendment would be introduced in the House on April 21.

The streamlined amendment appeases concerns raised by Interior Department officials who felt the bill needed to clarify the process of how Native Hawaiian governance is established. The amendment provides a less wordy and more specific description of the process.

But it preserves the objectives of the bill: authorizing federal recognition of Native Hawaiians; initiating the process by which a governing authority can be formed and recognized; and addressing creation of a mechanism by which that governing authority negotiates with the state and federal governments on the disposition of assets such as land and other natural resources.

The proposed description process, through the creation of a commission to oversee the compiling of a voting roll, had some in the Hawaiian community yesterday puzzling over how the commission would be created.

Clyde Namu'o, administrator of the Office of Hawaiian Affairs, noted that the amendment revives the idea of a commission of Native Hawaiians, to be appointed by the secretary of the Interior, who have experience with genealogy and could oversee the validation of potential voters as Hawaiians. The entire process promises to be lengthy, he said.

Interior officials weighed in mildly: "The Department of the Interior sincerely appreciates all of the effort the congressional delegation and the governor have made regarding a number of provisions ... ," said a statement issued by the department. "We look forward to continuing productive communications ... as the administration develops its position on this legislation."

Namu'o said this is not an endorsement and does not overcome continuing worries raised by the U.S. Justice Department about the constitutionality of the measure.

"But think it means they probably have addressed all of the concerns raised by Interior," he said. "It's still very optimistic. Interior, in their statement to senators, still give a sense of hope, that this information will help them."

Native Hawaiians seek recognition on par with recognition granted to American Indian tribes and Native Alaskan villages.

"I just want to be sure that people know the amendment reflects many discussions we had with colleagues and officials at the Department of Interior and they know that the amendment remains true to the original purpose," said Sen. Akaka, the bill's author.

The bill must be passed by the time Congress adjourns in October or the process must start again in 2005. Akaka and Sen. Inouye have written another letter — their third — to Senate Majority Leader Bill Frist, R-Tenn., requesting floor time to debate and pass the bill. The letter states that they have the 60 votes in the Senate to override a filibuster.

Frist said recently that the Senate calendar is too jam-packed to find time for Native Hawaiian recognition, but he promised he would try to find time.

But senators who placed an anonymous hold on the recognition bill still "question the congressional power to ... authorize recognition of Native Hawaiians," Akaka said..