The Native Hawaiian Government Reorganization Act, better known as the Akaka bill, is a flawed but nonetheless important instrument focused on a vital issue for Hawaiians and, indeed, for all of Hawai'i.

Effectively, it seeks to shift federal awareness of Hawaiians from that of a racial or ethnic group to that of a political entity.

Political recognition of Hawaiians is believed to be a shield against lawsuits challenging the constitutionality of race-based programs.

These programs range from various health, education and economic development programs to the Hawaiian Homes program, itself a federal creation. It is not beyond argument that even Kamehameha Schools and the other ali'i trusts might be under attack if not for some legal protection as envisioned by the Akaka bill.

MANY FEARS, QUESTIONS

Still, there are many fears and questions surrounding the measure that need to be dealt with first, in Congress, and then later if the measure becomes law, in negotiations among a Hawaiian political entity, the state and the federal government.

Perhaps the primary issue is the matter of ceded lands, those 1.8 million acres of former crown and government lands that were ceded to the control of the U.S. government upon annexation and then back to Hawai'i upon statehood.

Those lands never belonged to Hawaiians, per se, as a racial group or as a political entity. They belonged to the royal family, Hawaiian to be sure, and to a multiethnic government.

It should be pointed out that some of these lands have already been set aside for Hawaiians through the Hawaiian Homes program. And some revenue from commercialized ceded lands is diverted today to the Office of Hawaiian Affairs.

Still, it is critical that the question of ownership, disposition and use of these lands be settled with finality. The fact that there is a legal cloud over the use of these lands — many of which lie underneath important government functions such as harbors, airports, hospitals and public housing — creates great economic uncertainty in the state.

It is entirely possible that a portion of the revenue generated by these lands will continue to be set aside to support and enhance Hawaiian programs.

But the Akaka bill cannot be used as a mechanism to begin anew a debate over who "owns" ceded lands. They belong to the state of Hawai'i and all its citizens, including Hawaiians.

A second layer of ambiguity in the Akaka bill is the question of what general state laws, ranging from criminal laws to taxation, should apply to this new entity.

ALL LAWS CONTINUE

Our position, and we suspect the position of most Hawaiians, is that all laws should continue to apply. Over the years, polls have suggested that most Hawaiians would like to see a greater level of self-determination and recognition of the wrongs they have suffered since the overthrow of the monarchy more than a century ago.

At the same time, those same polls suggest most Hawaiians wish to continue to enjoy the benefits, and assume the obligations, of full citizenship in both the state of Hawai'i and the United States.

Recognizing Hawaiians as a political entity with the self-determining power to help themselves is in no way contradictory with those larger obligations of citizenship.

A third issue, and one easily resolved, is the issue of gambling. Many fear that the emergence of a Hawaiian "nation" would inevitably lead to gambling in the Islands.

This need not be so. Simply reword the Akaka bill to state specifically that the Hawaiian nation is forbidden to offer, develop or seek gambling unless and until the state in general decides to do so.

Uncertainty over these and other issues should not be a death blow for this important piece of legislation. Indeed, it is designed to be somewhat ambiguous since the details are to be worked out by the parties involved.

And it is critical to recognize that nothing happens unless it wins approval from both the state Legislature and the Congress. We are all involved.

Some say a referendum on these matters should take place before the Akaka bill becomes law. That would be pointless because no one would have a clear idea of what the referendum was on, or what it would mean.

Some form of informal referendum later, after negotiations have been completed, might make sense, but one could argue that an indirect referendum already exists through our elected representatives who will have to deal with these matters.

Any constitutional changes would require a direct vote by all eligible citizens, so that would be a referendum.

NO ADDED CONFUSION

Finally, killing this measure on the basis of ambiguity would only compound confusion and lead to greater disillusionment and even hostility. The Akaka bill at least sketches out the arena in which Hawaiians can meet with state and federal officials to discuss these issues.

As those talks move forward, there should be an "exit strategy" for federal entitlements built into the process. Hawaiians deserve to be fully accountable for the success or failure of the programs.

As a practical matter, the seeds of a robust Hawaiian "nation" exist today: Consider OHA (with its elected board and millions of dollars in assets), the ali'i trusts (particularly Kamehameha Schools with its vast endowment and huge tracts of lands), the Hawaiian Home Lands programs and many other programs and institutions.

Add to that a vibrant culture, re-energized native language and even a physical "spiritual" home in the island of Kaho'olawe, and one can see the outlines of a powerful Hawaiian nation already in place.

DECADES-OLD PROCESS

Those who argue that Hawaiians should simply sublimate their sense of nationhood are ignoring that the Akaka bill is merely the latest step in a movement that began in earnest three decades ago. It's time to accord them their due recognition as one of America's native peoples, lest many continue to harbor a sense that they are second-class citizens in their own homeland.

On these grounds, the Akaka bill, or something like it, deserves to become law. By recognizing Hawaiians as a political entity, not unlike American Indian tribes and Native Alaskans, there emerges a good shot of preserving and indeed enhancing the many programs aimed at helping Hawaiians and strengthening our Island society.