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The Honolulu Advertiser
Posted on: Friday, December 18, 2009

Senate panel OKs amended Akaka bill


By Erin Kelly and Derrick DePledge
Advertiser Government Writers

Hawaii news photo - The Honolulu Advertiser

Sen. Daniel Akaka

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WASHINGTON — The Senate Indian Affairs Committee approved a revised Native Hawaiian federal recognition bill yesterday, clearing the way for the legislation to come to a vote in the full Senate next year.

Sen. Daniel Akaka, D-Hawai'i, the bill's main sponsor, opted to amend the bill with changes drafted with the help of the Obama administration but strongly opposed by Gov. Linda Lingle.

"I respectfully ask that the committee pass this bill in the interest of this generation and future generations of Native Hawaiians," Akaka asked the panel minutes before the unanimous voice vote. "It is so critical and important to all people of the state of Hawai'i."

Akaka spoke to Lingle and state Attorney General Mark Bennett yesterday and said he would continue to work with them to resolve the state's concerns before the bill reaches the Senate floor.

The amendment grants governing authority to Hawaiians prior to — instead of after — negotiations with the federal and state governments and would treat Native Hawaiians as an Indian tribe for some purposes.

The Senate committee vote came one day after a companion bill was passed by the House Natural Resources Committee. Rep. Neil Abercrombie, D-Hawai'i, dropped the amendment from the House version because of the objections from Lingle and Bennett.

Bennett said yesterday he was disappointed that Akaka pressed forward with the changes, which did not have a previous public hearing and were only released to the state earlier this week.

Bennett said he would accept Akaka's offer to talk with the senator's staff and U.S. Department of Justice officials about the changes. But he said such discussions should have occurred before the bill moved forward.

"I think it hurts its chances of ultimate passage. And I believe that's very unfortunate," Bennett said.

Sen. Daniel K. Inouye, D-Hawai'i, said there would be a "meaningful opportunity" to address the state's concerns with the Obama administration and Hawai'i lawmakers.

"This is not a closed book," he said in a statement. "The time to act will be early in the new year and we must move swiftly to ensure Native Hawaiians regain their rights of self-determination and self-governance."

The Akaka bill, which was approved by the House twice since 2000, is expected to pass the full House again next year.

However, its fate in the Senate is uncertain. Previous attempts to pass the bill stalled when Hawai'i lawmakers were unable to get the 60 votes needed to overcome Republican opposition.

Akaka spokesman Jesse Broder Van Dyke said the senator sees this session of Congress as the best chance yet to pass the bill.

Democrats and Democratic-leaning independents make up 60 votes. Also, Sen. Lisa Murkowski, R-Alaska, supports the legislation.

"Sen. Akaka isn't taking any votes for granted, but he's optimistic," he said.

Akaka and Inouye have been trying to break Republican roadblocks for a decade.

"If there was ever a definition of relentless in the U.S. Congress, it is the efforts of the two senators from Hawai'i," said Sen. Byron Dorgan, D-North Dakota, who chairs the Senate Indian Affairs Committee.

The legislation would develop a process for organizing a Native Hawaiian government. It would recognize Native Hawaiians as an indigenous people, similar to American Indians and Alaska Natives, and give Hawaiians the right to negotiate for greater control over land and cultural issues.

Many opponents of the legislation believe the bill is unconstitutional because it would recognize Hawaiians based on race.

Advertiser Washington Bureau reporter John Yaukey contributed to this report. Erin Kelly reported from Washington. Derrick DePledge reported from Honolulu. Contact Erin Kelly at ekelly@gannett.com. Reach Derrick DePledge at 525-8070.