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The Honolulu Advertiser

Posted on: Wednesday, March 2, 2005

Vote on Akaka bill could come next week

By Dennis Camire and Vicki Viotti
Advertiser Staff Writers

WASHINGTON — Legislation formally recognizing Native Hawaiians as an indigenous people could come up for a vote in the Senate Indian Affairs Committee as early as next week.

Haunani Apoliona, chairwoman of the Office of Hawaiian Affairs board of trustees, waits to greet Sen. Daniel Akaka before yesterday's hearing.

Bill Clark • Gannett News Service

The development was cheered by supporters, and the legislation's lead sponsor, Sen. Daniel K. Akaka, D-Hawai'i, predicted the committee would approve the bill and that it would get a full Senate vote before August.

"This bill holds the promise for all of us in Hawai'i to come to terms with Hawai'i's unique and often painful history, to rectify inequities and to move on as a state," Akaka said.

The measure would create a framework for Native Hawaiian governance that would be able to negotiate with the United States and Hawai'i over disposition of Native Hawaiian assets.

Its journey through Congress has been marked by fits and starts since introduction in 2000. It was approved by the full House that year, only to stall in the Senate until it was reintroduced in January.

As a hearing on the legislation began yesterday, Sen. John McCain, R-Ariz., chairman of the Senate Indian Affairs Committee, said he had concerns about the bill's impact on agreements, liabilities or obligations made when Hawai'i became a state in 1959.

Another concern was spreading federal resources for Native Americans and Native Alaskans "any thinner than they already are" with the possible addition of Native Hawaiians, McCain said.

But after hearing from Gov. Linda Lingle and other Hawai'i and Native American officials, McCain said, "a lot of my concerns were satisfied," but more work is needed.

The legislation, nicknamed the Akaka bill, is formally known as the Native Hawaiian Government Reorganization Act of 2005. It would lead to the U.S. government's recognition of the nation's 400,000 Native Hawaiians in the same way that it recognizes American Indians and Native Alaskans.

Lingle said the people of Hawai'i are "seeking justice for the Native Hawaiian people who have been made to wait too long for the kind of recognition that Congress has granted to other indigenous peoples."

"This bill is vital to the survival of the Native Hawaiian people," Lingle said. "It is vital to providing parity in federal policy for all native peoples in America, and it is vital for the continued character of the state of Hawai'i."

Rep. Ed Case, D-Hawai'i, said he was optimistic about the bill's chances for passage in the House. "We have continued to work very well with both the Republicans and the Democrats on the relevant committees in the House," he said. "My sense is that we're simply picking up where we left off."

The real issue is the Bush administration's position, which is not known, Case said.

McCain noted that the Justice Department was invited to testify on the legislation but did not.

The oral testimony also did not include remarks that some of the bill's opponents submitted in writing. Among the opponents is Maui Loa, who identified himself as chief of the "Hou Band" of those with at least 50 percent Hawaiian blood. Those in this blood-quantum category — described as "native Hawaiians of the Blood" — have been underserved by the state, with federal resources going toward beneficiaries of less-Hawaiian ancestry, he said, adding that the Akaka bill, as written, would perpetuate that shortcoming.

"The Hou Band prays that Congress in its desire to fix one problem does not create further hardship for the native Hawaiian of the Blood by permanently codifying the broadened definition," he said.

Another opponent, Kai'opua Fyfe of the Kaua'i-based nonprofit Koani Foundation, submitted testimony calling the bill "fatally flawed" because it proposes to recognize "only a portion of the class of people, those who descend from the original inhabitants of Hawai'i," rather than the descendants of the multi-ethnic subjects of the kingdom overthrown in 1893.

Fyfe also urged the committee to hold hearings in Hawai'i, a plea echoed by others observing the proceedings from Honolulu. Among them are lawyers William Burgess, who has represented plaintiffs in a court challenge against Hawaiian entitlement programs, and Bruce Fein, a constitutional lawyer who has written arguments against the Akaka bill appearing in The Advertiser.

Both attorneys said federal recognition accorded to Native Americans shouldn't extend to Hawaiians because there is no existing native government entity in Hawai'i to recognize. The government that was overthrown was multi-ethnic, they said.

In the hearing chambers, however, the message delivered from Hawai'i was entirely supportive.

Last week, Lingle criticized the state's two senators for not doing enough to educate Congress about the legislation. But yesterday, spokesman Lenny Klompus said Lingle had no further comment on the criticisms.

"Today was such a positive day, the governor prefers just to move forward, and she is looking forward to next week and the senators doing their part to pass this out of committee," Klompus said.

Sen. Daniel K. Inouye, D-Hawai'i, had a cold and missed yesterday's hearing, said his spokesman, Mike Yuen.

Donalyn Dela Cruz, spokeswoman for Akaka, noted that Lingle thanked Akaka publicly yesterday for his work on the bill.

"In regard to the criticism ... I don't think it's directed toward Sen. Akaka," she said. "That's not something the senator is going to dive into because he has had a very positive relationship with the governor in working to get this bill through."

While in Washington for the winter meeting of the National Governors Association, Lingle said, she met with a variety of Bush administration officials and members of Congress to talk about the legislation. She said she also spent Sunday and Monday nights at the White House as a guest of President and Laura Bush.

"It gave me a unique opportunity in a casual way to mention it," she said. "Obviously you don't want to be a pest when someone invites you to their home. But they know this is a concern of mine."

Under questioning from the Indian Affairs Committee's top Democrat, Sen. Byron L. Dorgan of North Dakota, Lingle said that she didn't press administration officials to commit to supporting the legislation.

"I asked them to keep open-minded to let us continue to present information," Lingle said.

Lingle said she wished she could tell "with 100-percent certainty" what the Bush administration's opinion would be. "I can't do that, but I can tell you that I am very optimistic and, again, they know how important this is," she said.

Haunani Apoliona, who chairs the Office of Hawaiian Affairs board of trustees, said she was optimistic about the bill's chances.

She began her testimony with a chant, saying "We deserve to be treated with the same respect as America's other indigenous groups."