Bringing some needed clarity to a murky situation, a new decision by the 9th U.S. Circuit Court of Appeals again has underscored how important it is for Native Hawaiian programs to be recognized or created by the federal government.

In its ruling on Arakaki v. Lingle, which challenged the constitutionality of government spending that benefits only Native Hawaiians, the three-judge panel narrowly found problems only with the use of state tax funds for such purposes.

The judges ruled that the bulk of the Office of Hawaiian Affairs budget — primarily derived from former Hawaiian kingdom and crown property known as the "ceded lands" — falls under the protection of the federal law that granted Hawai'i statehood. Similarly, the judges decided that the federal Hawaiian Homes Commission Act insulated Hawaiian homesteading from this challenge.

The group of 14 Hawai'i plaintiffs won support, however, in their fight over the roughly $2.8 million annually in state funds given to the Office of Hawaiian Affairs.

The judges correctly sent the case back to the court here for a decision on the question of state taxpayer funds.

Although the funds being challenged amount to only about 10 percent of the OHA budget, it would be best to finally achieve broader protection for programs that benefit Native Hawaiians. That's precisely what the Akaka bill, which faces a critical juncture Tuesday, could provide.

The bill has made some important progress in securing preliminary support from the Department of Justice, and U.S. Sen. Daniel Akaka believes he has the votes to move it to the floor for debate. But it faces tough logistical hurdles.

Senators frequently return late from a holiday recess, and given the devastation Hurricane Katrina dealt to southern states, even "business as usual" on Capitol Hill seems doubtful.

If the measure misses its window of opportunity next week, odds that another would open before the year's end are slim, and the wait for another shot could be a long one.

Yesterday's ruling has bought a little time to achieve more comprehensive protection for Hawaiian programs — the rehearing of the case locally won't happen right away.

But there's no time to waste. These issues have been simmering for decades, and it's time to settle them.