Support Info
110th House of Representatives Contact Info (excel doc.)
Testimony of Gregory G. Katsas
Anaylsis of Testimony of Gregory G. KatsasNew version of Hawaiian recognition bill introduced in Congress
S.310 (text) - Native Hawaiian Government Reorganization Act of 2007 (Senate)
S.310 (.pdf) - Native Hawaiian Government Reorganization Act of 2007
H.R. 505 (text) - Native Hawaiian Government Reorganization Act of 2007 (House)
OHA Chairperson Haunani Apoliona's remarks on the introduction of S. 310
NY Times: A chance for justice in Hawaii
Dissenting commissioners blast civil rights panel's report
Senators criticize Civil Rights Commission report
Government Accountability Office criticizes Civil Rights Commission
Bar Association backs federal recognition for Hawaiians
Analysis of Amendments by Charles Wilkinson (.pdf)
Wilkinson: Wisconsin tribe faced same arguments
Wilkinson: Akaka bill promotes redress
Bill Meheula: Amendments strengthen protection against race-based lawsuits
Akaka says Justice Dept. concerns won't stop recognition bill
Sen. Akaka announces proposed amendments to Hawaiian recognition bill (9/16/05)
Position statement of the ATTORNEY GENERAL of the state of Hawaii (.doc)
Why the Akaka Bill DOES NOT:
- Expand Casino Gaming
- Permit a Land Grab
- Facilitate Secession
- Establish a Race Based Government
- NHGRA State's Right White Paper
- Fed Rec Status
- NHGRA True Facts
Background Information
Factual information, legal analyses and other background material on the Native Hawaiian Government Reorganization Act\
Congressional Committees Move on Recognition Bill
The legislation that would provide Native Hawaiians with the same federally recognized indigenous status already held by American Indians and Alaska Natives is making headway on Capitol Hill, after two key congressional committees passed the measure smoothly – and unamended –in early May. The bill lays out a process for Congress’ recognition of a future Native Hawaiian governing entity, which supporters see as the best means to defend against an ongoing spate of lawsuits that have sought to abolish Native Hawaiian programs and assets as unconstitutional.
On May 2, the U.S. House of Representatives' Natural Resources Committee unanimously approved the Native Hawaiian Government Reorganization Act of 2007, or H.R. 505, – commonly referred to as the “Akaka Bill” in honor of its lead sponsor, Hawaii Sen. Daniel K. Akaka – for consideration by the full House.
On May 10, the Senate Committee on Indian Affairs followed suit by passing an identical version of measure, S. 310, on the same day it approved a separate Hawaiian homeownership bill. A week before passing the measure, the Indian Affairs Committee held a hearing of testimony both in favor and opposed to the bill.
**CLICK HERE to read testimony or watch a webcast of the hearing, or here to read opening statements by Sen. Lisa Murkowski (R-Alaska) and Sen Daniel Inouye (D-Hawaii).**
At the hearing, Indian Affairs Committee Chairman Sen. Byron Dorgan (D-N.D.) said he believes the Native Hawaiian self-governance process laid out in the measure is reasonable and prudent. “Native Hawaiians, just like Indian tribes, are the first Americans. They were here long before my ancestors showed up,” Dorgan said.
After the Indian Affars Committees' vote, Akaka said in a statement that he was “ecstatic” that the bill had passed the committee, calling it an important first step in addressing the conditions of Hawaii’s indigenous people.
“Native Hawaiians have suffered for over a century as a direct result of the illegal overthrow of their sovereign government,” Akaka said. “They were disenfranchised from their culture, land, and way of life at the hands of foreigners committed to western values and conventions. Today, this loss of identity has left Native Hawaiians at the lowest levels of achievement by all social and economic measures. This bill will, at long last, provide a way forward for Hawaii’s original residents to rebuild their vibrant culture and determine their own future as a people.”
The bill now awaits a hearing before the full Senate, which Hawaii senior Senator Daniel Inouye told The Honolulu Advertiser probably will not happen until after May. Hawaii Rep. Neil Abercrombie told the Honolulu Star-Bulletin that he expects the bill to be heard by the full House shortly.
Administration opposition
Supporters’ satisfaction at the congressional committees’ passage of the measure may have been tempered somewhat, however, by testimony presented at the Indian Affairs Committee hearing by a Justice Department official who made it clear that, after years of refusing to state a definite position on the Hawaiian recognition bill, the Bush administration is now strongly and openly opposed to it – raising the specter of a presidential veto if the bill passes.
Last June, the Justice Department sent a surprise letter to the Senate opposing the recognition bill just as senators were poised to take a procedural vote that would have forced the measure to the floor for a final debate and vote. The procedural vote, called “cloture,” was attempted as a way to circumvent longstanding procedural roadblocks placed on the bill by several conservative Republican senators who oppose it.
In the cloture ballot, the bill fell just four votes shy of the 60 it needed to advance to the floor for a hearing, and the last-minute letter from the Justice Department appeared to an important factor in the outcome. Prior to that, the administration had not definitely stated its position, and in fact had participated in negotiations over language in the bill that supporters hoped would resolve any major concerns.
However, the surprise letter from the Justice Department just prior to the vote asserted that the Bush administration “strongly opposes” the bill. “As the President has said, ‘we must ... honor the great American tradition of the melting pot, which has made us one nation out of many peoples,’” wrote Assistant Attorney General William Moschella. “This bill would reverse that great American tradition and divide people by their race.””
After the letter was read on the Senate floor by Republican Sen. Jeff Sessions of Alabama, Hawaii’s senators said they believed the Justice Department’s opposition was based on a version of the bill that did not include amendments drafted as a result of negotiations with Justice and other administration departments over their concerns. The proposed amendments address issues related to the federal government’s legal liability, prohibition of gaming, military readiness, and civil and criminal jurisdiction.
However, the administration’s reiteration of its opposition to the Hawaiian recognition bill at the recent Indian Affairs Committee hearing makes it clear that those amendments – which are included in the current version of the bill – have not softened the White House position. Gregory G. Katsas, a senior Justice Department attorney, told the committee that the Bush administration strongly opposes the bill because it believes that federal recognition is “inappropriate and unwise” for Native Hawaiians and that the bill raises “difficult” and “considerable” constitutional questions.
Hawaii Attorney General Mark Bennett responded by saying that the bill would not create a “unique race-based government,” but instead would give Native Hawaiians a similar political relationship with the federal government already enjoyed by the United States’ other indigenous peoples, Native Americans and Alaska Natives.
“It is for this Congress to exercise its best judgment on matters of recognition of native peoples,” he said. “Although some have expressed constitutional concerns, these fears are unjustified. Congress should not let unwarranted fears of judicial overreaching curb its desire, and responsibility, to fulfill its unique obligation to this country’s native peoples.”
Honolulu Advertiser, Sunday 7/10/05 Newspaper Ad
(Click on image to download larger PDF version.)
