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The Honolulu Advertiser
Posted on: Wednesday, December 16, 2009

Hawaii governor opposes Akaka bill revisions


By Derrick DePledge
Advertiser Government Writer

Hawaii news photo - The Honolulu Advertiser
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The Lingle administration, which has consistently backed federal recognition for Native Hawaiians, opposes changes to the bill pending before Congress because of "potentially enormous" implications to the relationship between Hawaiians and the state.

State Attorney General Mark Bennett, on behalf of Gov. Linda Lingle, sent a letter yesterday to the U.S. House Natural Resources Committee expressing strong opposition to changes to the bill the committee is scheduled to review today.

Bennett said the changes would give Native Hawaiians the inherent powers and privileges of self-determination, and that a new governing authority would be recognized as an Indian tribe. The powers of the new government could be modified through negotiations between Hawaiians, and the federal and state governments.

The existing bill, by comparison, would grant governing authority to Hawaiians only after negotiations with the federal and state governments.

"The implications of forever changing the relationship between Native Hawaiians and the state of Hawai'i, and simply deciding Native Hawaiians are an Indian tribe (for at least some purposes), are potentially enormous," Bennett wrote.

U.S. Rep. Neil Abercrombie, D-Hawai'i, who was expected to offer the changes to the bill today before the committee, said he shared Bennett's concerns.

"His concerns are real," Abercrombie said after speaking to Bennett last night.

Abercrombie said he hopes the bill will move out of committee today, and then Hawai'i lawmakers can work collaboratively with Bennett, the Obama administration and others to possibly amend the bill when it reaches the House floor.

The congressman said "there is no greater friend" to the bill than Bennett and questioned why the attorney general was not given copies of the proposed changes until the past few days.

Versions of the bill, commonly known as the Akaka bill for its sponsor, U.S. Sen. Daniel Akaka, D-Hawai'i, have been pending before Congress since 2000.

Most of Hawai'i's political establishment has supported the Akaka bill as a long-delayed recognition of Native Hawaiians as an indigenous people with the right to self-determination, similar to American Indians and Native Alaskans.

But the Bush administration opposed the bill as unconstitutional, race-based discrimination because it recognized Hawaiians for special treatment.

President Obama embraced the Akaka bill and, with a Democratic majority in Congress, Hawai'i lawmakers believe the bill now has its best chance of becoming law.

AKAKA'S POSITION

Jesse Broder Van Dyke, a spokesman for Akaka, said last night that the changes are being proposed after talks with the Obama administration, the Council for Native Hawaiian Advancement, and others.

Broder said Akaka planned to offer the changes when the bill comes before the Senate Indian Affairs Committee tomorrow. He said the Obama administration, in particular, believes it is important that Hawaiians be treated the same as other indigenous people.

Robin Danner, the president of the Council for Native Hawaiian Advancement, described the new opposition from the Lingle administration as "stunning."

"On the eve of the House markup of the bill in Resources, it is unbelievable that the governor would reverse course and oppose not only Native Hawaiians, but the opportunities that the Akaka bill presents for the entire state," she said in an e-mail.

Conservatives, both nationally and in Hawai'i, quickly circulated Bennett's letter. Republicans on the House Natural Resources Committee posted it on their Web site.

"Although many committee Republicans have fundamental concerns with the Native Hawaiian Recognition Bill, the governor and attorney general of Hawai'i's strong opposition to the rewritten bill is extremely disconcerting and raises serious red flags," said U.S. Rep. Doc Hastings, R-Wash., the ranking member on the committee, in a statement. "Consideration of this bill should not go forward when the people and government officials who would be directly impacted by this legislation have raised serious objections and have not even had a chance to properly review the text."

BALLOT FAVORED

The Grassroot Institute of Hawai'i, a conservative-to- libertarian public policy group that has opposed the Akaka bill, released a new poll yesterday that found 54 percent of those surveyed wanted the Akaka bill to go before voters for approval. The poll was conducted by Zogby International from Nov. 18 to Nov. 23 among 500 registered voters. The margin of error is 4.5 percentage points.

"I'm glad she's looking at it critically, that's for sure," Jamie Story, the president of the Grassroot Institute, said of Lingle's opposition. "I hope that her opposition will cause others to look at the bill more closely."

Lingle, a Republican, has tried to steer the state GOP away from harsh condemnations of the Akaka bill and has consistently reached out to Native Hawaiians.

The Lingle administration's critique comes after several Native Hawaiians who believe the Akaka bill weakens the chance for sovereignty accused Hawai'i lawmakers of trying to rush the bill through without adequate public scrutiny.

Bennett, in an interview last night, stressed that the Lingle administration was still supportive of self-determination for Native Hawaiians. He said the state wants the opportunity to work with lawmakers on new language.

"We support the Akaka bill. We support the current version of the Akaka bill. And we support the basic process of establishing and recognizing a Native Hawaiian governing entity as we have for the last seven years," he said.