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The Honolulu Advertiser

Posted at 9:23 a.m., Friday, September 16, 2005

Compromise reached on Akaka bill, senator says

 • Read the Akaka bill amendment (In PDF Format. Adobe Acrobat Reader required.)

Advertiser Staff

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Hawai'i's Congressional delegation, state officials and the White House have worked out changes to the so-called "Akaka bill" that could allay opponents' concerns and ease its passage, U.S. Sen. Daniel Akaka's office said today.

The language addresses liability of the United States, military readiness, civil and criminal jurisdiction, and gaming, it said in a news release.

Akaka will introduce an amendment to S. 147 when the U.S. Senate begins consideration of the Native Hawaiian Government Reorganization Act of 2005. That date has not been set.

The Executive Branch had sought stronger language on the prohibition of gaming by the Native Hawaiian governing entity.

The substitute amendment includes language that prohibits gaming by the Native Hawaiians under any federal law in Hawai'i or in any other State or Territory, the news release said.

The substitute amendment also includes language that makes clear that civil and criminal jurisdiction currently held by the state and federal governments will remain with the state and federal governments until otherwise negotiated with the Native Hawaiian governing entity, it said.

With respect to military readiness, the Department of Defense already adheres to consultation requirements with Native Hawaiians under litigation agreements as well as the Native American Graves Repatriation Act and National Historic Preservation Act.

The substitute amendment exempts the Department of Defense from the consultation requirements facilitated by the Office of Native Hawaiian Relations in the Department of the Interior and the Native Hawaiian Interagency Coordinating Group.

As of yet, a vote on amotion to proceed to S. 147 has not been rescheduled by the Majority Leader, it said.

The substitute amendment reflects the successful negotiations between Hawai'i's Congressional delegation, Hawai'i's Attorney General, and officials from the Department of Justice (DOJ), Office of Management and Budget, and White House.