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The Honolulu Advertiser
Posted on: Friday, May 11, 2007

Senate panel advances Hawaiian bills

By Dennis Camire
Advertiser Washington Bureau

Sen. Daniel Akaka

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WASHINGTON — Native Hawaiian bills, one dealing with self-government and another with housing, moved a step closer yesterday to a debate before the full Senate.

The Senate Indian Affairs Committee passed both bills without a recorded vote at the session.

"I am ecstatic that these bills passed," said Sen. Daniel K. Akaka, D-Hawai'i, a committee member who is the prime sponsor of the Native Hawaiian government bill. "These bills will help address the conditions of Hawai'i's indigenous people — Native Hawaiians — and will continue to enhance the quality of life for all the people of Hawai'i."

Lawmakers did not offer any amendments during the committee hearing, although Sen. Tom Coburn, R-Okla., had concerns with both bills, especially with the Native Hawaiian government bill.

That bill, known as the Akaka bill, after its prime sponsor, would create a process for a Native Hawaiian governing entity to be formed and gain federal recognition. The new government would be able to negotiate with the United States and Hawai'i over the disposition of Hawaiian land and other assets.

"Even if this bill passes (Congress), I think it's going to be thrown out by the courts," Coburn said. "If that is the case, what is the Justice Department's view on it? Are they going to defend it or is there a reason why they won't defend it?"

Coburn said he has asked the department to answer questions on the issue but has not received a response yet.

At a hearing on the bill last week, the Justice Department said the Bush administration opposed the bill because it would divide governmental power by race and ethnicity and raise constitutional concerns.

Sen. Byron Dorgan, D-N.D., chairman of the Senate Indian Affairs Committee, said he would not seek to take the Native Hawaiian government bill to the floor for at least two weeks and then confer with Senate Democratic Leader Harry Reid, D-Nev., on the schedule.

Sen. Daniel K. Inouye, D-Hawai'i, said he was pleased that Hawai'i Gov. Linda Lingle was at the session.

"She has tasked herself with the important responsibility of winning support from the Bush administration for the Akaka bill," he said. "That responsibility remains as crucial as ever."

Inouye said supporters were "close, very close," to the 60 votes needed to get a final vote on the bill in the Senate over objections from Republican senators who have blocked the bill in the past.

"This is the first time we've been able to report it out (of committee) during the first session of Congress," he said. "That is a very important factor in all of this."

The housing bill, which the House approved 272-150 in March, would reauthorize funding for Native Hawaiian housing programs for five years. It would ensure that the state Department of Hawaiian Home Lands continues to receive $8 million to $9 million annually for roads, water lines, sewer systems and other infrastructure needed for housing projects developed for those who are of 50 percent Hawaiian blood or more.

The Native Hawaiian housing program's authorization expired in 2005, but funding has been kept alive on a year-to-year basis.

Coburn objected to a change in the housing bill that eliminated a provision requiring homebuyers be turned down for a private loan before applying for a federally guaranteed loan.

The provision is a Department of Housing and Urban Development rule, Coburn said. "I believe that ought to be reinstalled as part of this," he said.

Reach Dennis Camire at dcamire@gns.gannett.com.