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The Honolulu Advertiser
Posted on: Thursday, August 6, 2009

Senate panel takes up Akaka bill today


By John Yaukey
Advertiser Washington Bureau

WASHINGTON — The Senate today begins deliberating legislation that would create a process for Native Hawaiian self-governance, as proponents of the bill seek to confront arguments it is "race-based."

This marks the seventh time Congress has taken up the legislation since it was first introduced in 2000.

The bill has passed the House twice but has never cleared the Senate.

If it passes as expected in the Indian Affairs Committee, the full Senate will take it up. Passage in the heavily Democratic House is virtually assured. President Obama, a native son of Hawai'i, has promised to sign the legislation.

"This is about the indigenous people of Hawai'i," said Sen. Daniel Akaka, D-Hawai'i, who wrote the bill. "Our federal government has always had a dialogue with indigenous people — the Native Americans and the Native Alaskans. Now I would like to bring parity to the Native Hawaiians."

The Indian Affairs Committee is scheduled to take up the legislation in a hearing this afternoon, but committee votes aren't expected until after Congress returns from its August recess.

"(This) reflects the fact that we have a president who truly understands and appreciates the history and culture of Hawai'i," said Rep. Neil Abercrombie, D-Hawai'i.

The legislation would rewrite the political landscape in Hawai'i, giving Native Hawaiians virtually the same rights conferred on Native Americans and Native Alaskans. Eventually, it could give Native Hawaiians greater control over their highly valuable ancestral lands.

Akaka said he expects he'll need 60 votes to pass the bill.

"It looks like that's the route we'll have to go," he said in an interview yesterday.

Opponents of the nine-year-old legislation, which has changed shape several times, say the bill challenges the American principle of equality and opens doors to political volatility among Native Hawaiians.

In 2006, the Justice Department, under President George W. Bush, argued the Akaka bill would "divide people by their race."

During a June hearing on the House version of the bill, Gail Heroit, a Republican appointee on the U.S. Commission on Civil Rights, contended that Native Hawaiian sovereignty could foment rebellion.

"It is clear that many ethnic Hawaiians will not regard the new (Native Hawaiian) government as deriving its powers solely from federal delegation," Heroit said. "Rather, they will argue that it derives its power from their own inherent sovereignty and is thus not subject to any of the limitations on power found in the U.S. Constitution."

Justice Department officials are expected to testify in favor of the bill at today's Senate hearing.

Some prominent members of the Native Hawaiian legal community have issues with the Akaka bill, although their objections focus on details and not the overall thrust of the legislation.

In a four-page analysis of the legislation, the Native Hawaiian Bar Association said some provisions would grant the federal government too much immunity against potential claims by Native Hawaiians, especially for land.

"The bill's provisions on claims and federal sovereign immunity appear to be overly broad and may prohibit lawsuits by individual Native Hawaiians," the bar association wrote. "They create an extraordinarily unusual circumstance in which Native Hawaiians are barred from bringing an action."