COMMENTARY
Recognition bill a step toward reconciliation
By Daniel Akaka
Daniel Akaka is the junior U.S. senator from Hawai'i.
I am often asked my motivation for pursuing the enactment of legislation which would extend the federal policy of self-governance and self-determination to Hawai'i's indigenous people, Native Hawaiians.
The answer is simple: I see this as the next step in the process of reconciliation between Native Hawaiians and the United States.
I firmly believe that since Hawai'i is a state, the United States must fulfill its responsibility to Hawai'i's indigenous people.
Congress has always treated Native Hawaiians in a manner similar to American Indians and Alaskan natives. My legislation would provide a process for the reorganization of the Native Hawaiian governing entity for the purposes of a government-to-government relationship with the United States.
Why should anyone care about this? We should care because of the emotions attached to this issue borne by both Native Hawaiians and non-Hawaiian kama'aina.
As time goes on, we are further removed from the generation that witnessed the overthrow of the Hawaiian monarchy. As time goes on, misunderstanding grows and bitterness is sown. For years, we have ignored and buried long-standing issues resulting from the overthrow, such as claims and land issues.
The time has come for us to resolve these matters, but how do we do it? We do it by extending the federal policy of self-governance and self-determination to Native Hawaiians so that Hawai'i's indigenous people have an entity created by them, managed by them and representing them, to negotiate with the federal and state governments.
I am constantly queried by supporters and critics of the bill. What's the entity going to look like? What kind of authority will it have? How long before the entity is up and running? I can't answer these questions. Those answers rest with the Native Hawaiian community.
Senate Bill 344 sets out the process. It is ironic that as I have worked to establish a framework that provides direction while retaining flexibility for the Native Hawaiian community to exercise its self-governance within federal law, I have been pressed to add details to guarantee specific outcomes. I have resisted such attempts and remain true to my purpose for this legislation.
On May 5,the Senate Committee on Indian Affairs filed the substitute amendment which was favorably reported by committee to the Senate.
The substitute amendment makes several substantive changes. First, it includes a certification commission consisting of nine members, appointed by the secretary of the interior, and staff who are charged with ensuring that those individuals who elect to participate in the reorganization of the Native Hawaiian governing entity meet the appropriate eligibility requirements and finalizing the roll of individuals who wish to participate in this process within a two-year period.
Another provision clarifies the items that will be negotiated between the federal, state and Native Hawaiian governments. The Native Hawaiian community needs appropriate representation at the negotiating table before long-standing issues can be resolved.
The bill delineates several consequential issues to be negotiated after federal recognition has been granted to the Native Hawaiian governing entity. The bill also recognizes the fact that as negotiations proceed, and if changes to state and federal law are necessary, representatives from the negotiations will notify Congress and the state Legislature.
I am disturbed by assertions that my bill seeks a global settlement of Native Hawaiian claims. I have remained steadfast in my efforts to protect any claims that Native Hawaiians may have. For that reason, I included language in Public Law 103-150, the apology resolution, which clearly states that nothing in the resolution served as a settlement for any claims.
Similarly, every version of the federal recognition bill has included that same language. The substitute amendment includes a 20-year statute of limitations which begins upon recognition of the Native Hawaiian governing entity for claims which are in existence at the time of enactment, can be brought on behalf of the Native Hawaiian people by the Native Hawaiian governing entity, and are related to the legal and political relationship between Native Hawaiians and the United States.
I agreed to this section after extensive discussion with those who advocated that the bill serve as a settlement of claims. I believe this is a reasonable way for us to move forward.
There are many steps toward reconciliation. We are only at the beginning. Hawai'i is unique because we all share an appreciation for the culture, traditions and language of Hawai'i's indigenous people.
After coming so close to losing that language and heritage, we have made great strides in ensuring their protection. We have much to offer America and the world. The aloha spirit which defines the thoughts, manners, and actions of so many in Hawai'i will only flourish as we resolve those longstanding issues.
SB 344 provides a step forward, a step that I believe is important for all of us in Hawai'i, Hawaiian and non-Hawaiian.
