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The Honolulu Advertiser
Posted on: Thursday, March 26, 2009

Gambling ban made clear in Native Hawaiian recognition bill

By Gordon Y.K. Pang
Advertiser Staff Writer

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For more information, go to http://akaka.senate.gov/public/

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Responding to public concerns raised that it would clear the way for gambling here, Hawai'i's congressional delegation yesterday introduced a new version of the Native Hawaiian Government Reorganization Act to clarify that gaming won't be permitted under the legislation.

In a statement, the four-member delegation of U.S. Sens. Daniel K. Akaka and Daniel K. Inouye and U.S. Reps. Neil Abercrombie and Mazie Hirono said: "As an indigenous people that exercised governance until the U.S. overthrow, Native Hawaiians deserve the same opportunity to preserve their culture, language and traditions as indigenous people on the Mainland. This change in the legislation should make the bill's intent clear and remove any distractions from its thoughtful consideration."

The Native Hawaiian Government Reorganization Act, better known as the Akaka bill in honor of its lead sponsor, would provide a process for federal recognition of Native Hawaiians, similar to the government-to-government relationship provided to American Indians and Alaska Natives.

Jesse Broder Van Dyke, Akaka's spokesman, said the bill was not changed to appease any particular individuals or groups.

Media outlets, including The Honolulu Advertiser, "highlighted the gambling issue and a number of other people raised that concern," Van Dyke said. "We just wanted to clarify that the point of the bill is not to have gambling."

Last year, the Akaka bill was altered with a number of provisions, including one explicitly barring gambling, in an effort to make it more palatable to the then-Bush administration. The concessions were made in the wake of the Department of Justice's public opposition to the legislation. Nonetheless, that effort failed when the bill made it through the House but not the Senate.

With President Obama and a new Congress expected to look more favorably on the Akaka bill, it was reintroduced in its original form in early February without any of those provisions.

"That provision was taken out because it was considered not necessary because gambling already is illegal in Hawai'i and there's no way the Native Hawaiian entity could have gambling in Hawa'i unless the state of Hawai'i decided to change course and legalize it for everybody," Van Dyke said.

"But public opinion is very important and considering that gambling was not going to be a part of it either way, they thought that bringing in that provision would help clarify that."

The additional provision is not expected to alter the timeline for passage of the bill, since committees have not yet scheduled any hearings on the measure, Van Dyke said.

Akaka's office, on its Web site, also pointed out that despite "misinformation" spread by bill opponents, the bill also does not: allow Hawai'i to secede, create a reservation in Hawai'i or allow private lands to be taken.

Obama earlier this month said he supports the bill but was not sure when it would be taken up by Congress given the present focus in Washington on the economic situation.

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com.