Part of Akaka bill wins final passage in D.C.

By Vicki Viotti
Advertiser Staff Writer

Native Hawaiians concerned about nurturing U.S. support for Hawaiian programs are taking heart after the passage yesterday of legislation to create a federal office for maintaining those ties.

The creation of the Office of Native Hawaiian Relations is also the first part of the long-stalled "Akaka bill" — albeit the least controversial element — to head for the president's signature.

"I look upon this as an important step in passing the later bill," said U.S. Sen. Daniel Akaka, D-Hawai'i, referring to the measure bearing his name that would give Native Hawaiians federal recognition as a political body. "It'll give (the Akaka bill) a higher profile in the Congress and help with educating people about the bill."

The measure, HR 2673, is an appropriations act that includes $100,000 to finance the Office of Native Hawaiian Relations within the U.S. Department of the Interior. It was approved yesterday by a 65-28 vote on the Senate floor, having passed the House earlier. President Bush is expected to sign the bill, Akaka spokesman Paul Cardus said.

Those who are outspoken advocates for federal recognition said the vote may add momentum to the drive in Congress that began more than a decade ago with the 1993 Apology Resolution acknowledging the United States' role in the 1893 overthrow of the Hawaiian monarchy.

Jon Van Dyke, a University of Hawai'i law professor who has worked as a legal consultant to the Office of Hawaiian Affairs, called the passage of the measure "a significant step."

"Congress has repeatedly passed legislation recognizing the special relationship Hawaiians have with the U.S. government," Van Dyke said. "We've felt, how can there be any ambiguity here? But it seems that the view of some judges, at least at the U.S. Supreme Court level, is that there should be more. Well, this is 'more,' and I hope there will continue to be more."

Others weighing in on the vote yesterday said that at the least it fuels the argument that the federal government acknowledges its "special relationship" with native peoples. At most, some say, it lays an important first step leading decision makers toward formal recognition of a "nation within a nation."

"This statement by Congress, it's really a movement forward by those who want to protect existing programs, especially within the context of all these court challenges," said Poka Laenui, a longtime sovereignty advocate who, while not opposed outright to federal recognition, prefers that Hawaiians establish a more independent form of self-government. "It's a small step toward the Akaka style of Hawaiian governance. ... It's part of the new reality we're facing. You can agree or disagree, but it's there."

The idea behind creation of the office predates the push for the Akaka bill in its various forms, Cardus said, adding that "this has always been part of the reconciliation process."

But the initial reaction from the Hawaiian community here is that even this small measure may move the bill along. Haunani Apoliona, who heads the OHA board of trustees, also said the new office would enable Hawaiians "to have a stronger voice at the federal level."

But she also cited the measure as evidence of progress toward establishing Hawaiians as a recognized political group within the U.S. Constitution that would not be prey to legal challenges on the grounds of racial equality.

"The language was taken from the Akaka bill," she said. "This being an element of that bill is a commendable first step."

Reach Vicki Viotti at vviotti@honoluluadvertiser.com or 525-8053.