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Posted at 3:43 p.m., Monday, May 8, 2006

Akaka vows daily push for Native Hawaiian bill hearing

Advertiser Staff

Sen. Daniel K. Akaka, D-Hawai'i, said on the Senate floor today that he will speak daily on the Native Hawaiian Reorganization Action until the bill is aired in the Senate.

The move comes on the heels of the U.S. Commission on Civil Rights' decision last week to recommend that the Senate not approve the bill, better known as the Akaka bill in honor of its key sponsor.

"After seven years of delay by a few of my colleagues, it is time that we are provided with the opportunity to debate this bill in the open," Akaka said on the Senate floor today. "I will be coming to the floor to talk about my bill every day until we begin debate on the bill. I will use every day to talk about what my bill does and does not do, and to respond to the outright mistruths that have been spread about the legislation."

The bill was slated to be considered by the full Senate last September but was pushed back after Hurricane Katrina and has not yet been rescheduled. Senate Majority Leader Bill Frist said several weeks ago that he wants to bring the bill back up after clearing other legislation for Iraq war spending, immigration changes, small business health plans and medical malpractice caps.

"I will use every day to help share Hawai'i's history with my colleagues as the opponents to this legislation have taken it upon themselves to rewrite the tragedies of Hawai'i's history in a manner that suits them for the purposes of opposing this legislation," Akaka said. "I am deeply saddened by their tactics — but I am committed to ensuring that the members of this body and all of the citizens in the United States understand Hawai'i's history and the importance of extending the federal policy of self-governance and self-determination to Hawai'i's indigenous peoples, Native Hawaiians."

Here are Akaka's complete remarks:

"Mr. President, I rise today in response to my colleague, the junior Senator from Tennessee, who spoke about legislation that is of critical importance to the people of Hawai'i, S. 147, the Native Hawaiian Government Reorganization Act of 2005. S. 147 would extend the federal policy of self-governance and self-determination to Hawaii's indigenous peoples, Native Hawaiians, by authorizing a process for the reorganization of a Native Hawaiian governing entity for the purposes of a government-to-government relationship with the United States.

"My colleague raised the actions by the U.S. Commission on Civil Rights last week. The Commission issued a report in opposition to S. 147. The report was based on a briefing that was conducted on January 20, 2006.

"I am concerned about the lack of objectivity of the Commission's review. The Commission never contacted its Hawai'i Advisory Committee, which includes members who are experts in Hawai'i's history and Indian law. Not once was the advisory committee informed of the briefing or allowed to contribute to the Commission's report.

"Further, despite the fact that the Commission was provided with the substitute amendment which reflects negotiations with the Executive Branch, the Commission chose to issue its report based on the bill as reported out of committee. The substitute amendment to S. 147 will be offered when we consider the bill and reflects negotiations with the officials from the Department of Justice, Office of Management and Budget, and White House. The substitute amendment satisfactorily addresses the concerns expressed by the Bush Administration regarding liability of the U.S. government, military readiness, civil and criminal jurisdiction, and gaming. The amendment has been publicly available since September 2005 and has been widely distributed.

"I applaud the efforts of Commissioners Arlen Melendez and Michael Yaki who voted in opposition to the report and tried to inject objectivity and fairness into this process. It saddens me greatly when an independent commission begins to act in a politically motivated manner.

"Despite this fact, I remain committed to my constituents and the people of Hawai'i. I will continue to work to bring this bill to the Senate floor as has been promised by the Majority Leader and the junior Senator from Arizona. The people of Hawaii deserve no less than a debate and a vote on an issue of critical importance to them and to their state.

"When I first started my career in Congress, over 30 years ago, there was a protocol and a courtesy. If legislation was going to impact a particular state, and the leaders of that state all supported the issue, it was protocol that other Members would not interfere or obstruct efforts to legislate on behalf of that state. Unfortunately, this longstanding protocol and courtesy no longer exists.

"S. 147 is widely supported in Hawai'i. The bill enjoys the bipartisan support of my colleagues: Senators Cantwell, Coleman, Dodd, Dorgan, Graham, Inouye, Murkowski, Smith and Stevens. It is strongly supported by Hawai'i's first Republican Governor in 40 years, Linda Lingle. It is supported strongly by Hawai'i's State Legislature which has passed three resolutions in favor of extending the federal policy of self-governance and self-determination to Native Hawaiians.  It is supported by almost every single political leader in Hawai'i. S. 147 is also supported by Native Hawaiians and non-Native Hawaiians.

"Why — you might ask? Because in Hawai'i, Native Hawaiian issues are nonpartisan. We have tremendous respect for the indigenous peoples who have shared their lands, traditions, and cultures with the rest of us. 

"Mr. President, I have been patient, and the people of Hawai'i have been patient. For the past three years, the Majority and Democratic Leaders have been working with me to uphold a commitment that was made at the end of the 108th Congress that we would consider and vote on this bill. Unfortunately, their efforts have been thwarted by a handful of colleagues who have taken upon themselves to block this bill, despite the widespread support we have for this bill in Hawai'i.

"After seven years of delay by a few of my colleagues, it is time that we are provided with the opportunity to debate this bill in the open. I will be coming to the floor to talk about my bill every day until we begin debate on the bill. I will use every day to talk about what my bill does and does not do, and to respond to the outright mistruths that have been spread about the legislation. I will use every day to help share Hawai'i's history with my colleagues as the opponents to this legislation have taken it upon themselves to rewrite the tragedies of Hawaii's history in a manner that suits them for the purposes of opposing this legislation. I am deeply saddened by their tactics — but I am committed to ensuring that the Members of this body and all of the citizens in the United States understand Hawai'i's history and the importance of extending the federal policy of self-governance and self-determination to Hawai'i's indigenous peoples, Native Hawaiians."