The letter, sent to Sen. John McCain, R-Ariz., chairman of the Senate Indian Affairs Committee, offers a significant glimpse into the the Bush administration's views on the Akaka bill. The administration has been largely silent since the measure was first introduced in 2000 although Hawai'i lawmakers have always considered the Justice Department a major obstacle to the bill's passage.

Assistant Attorney General William Moschella, in the letter, said the concerns are issues "the administration believes can and should be addressed and resolved by changes to the text of the bill."

Specifically, the Justice Department said it wants the bill to:

• Include explicit language precluding potential claims "asserting an alleged breach of trust, calling for an accounting, or seeking the recovery of or compensation for lands once held by native Hawaiians." The bill now allows for claims to be considered by the U.S. government for 20 years. Moschella said that 20 years is too long.
• Make clear that the bill will not result in "interference in any way with the operation of U.S. military facilities" in Hawai'i or "otherwise affect military readiness."
• State clearly who — the federal government, the state of Hawai'i or a new native Hawaiian governing entity — would have jurisdiction to enforce criminal laws on Native Hawaiian lands.
• Ensure that the Indian Gaming Regulatory Act will not apply to a native Hawaiian governing entity or, in essence, prohibit such an entity from having gaming rights. The bill does not authorize gambling, but does not contain language that expressly prohibits it.
• Require only that people with knowledge and expertise about Native Hawaiian issues be allowed onto a proposed nine-member commission that would certify the rolls of members of the Native Hawaiian community. The bill says only Native Hawaiians can be considered by the Secretary of the Interior, who is tasked with appointing the panel.

The Akaka bill, formally known as the Native Hawaiian Government Reorganization Act of 2005, establishes a process that would lead to the U.S. government's recognition of the nation's 400,000 Native Hawaiians in the same manner it recognizes American Indians and Alaska natives.