Ka Wai Ola - Office of Hawaiian Affairs, Volume 21, Number 5, 1 May 2004 — Akaka Bill Amended [ARTICLE+ILLUSTRATION]

Akaka Bill Amended

Revision clarifies recognition process

By Derek Ferrar

In early April, Hawai'i's congressional delegation announced that it would be submitting new amendments to the Hawaiian federal recognition bill, Senate Bill 344. Later in the month, the Senate's Indian Affairs Committee approved the revisions, whieh were designed primarily to address concerns raised by Department of Interior officials, who felt the bill needed further clarity on the process of reorganization and recognition of a Native Hawaiian government. Among the proposed amendments is the revival of a provision that would create a commission of Native Hawaiians, appointed by the Interior Department, who have experience with genealogy and could oversee the validation of potential voters' Hawaiian ancestry. An analysis of the bill by University of Hawai'i law professor Jon Van Dyke appears below. For an additional summary and side-by-side

analysis of the new amendments, visit NativeHawaiians.com. A statement released by the measure's primary sponsor, Sen. Daniel Akaka (D-Hawai'i), said that the latest revision, whieh followed "many months of negotiations with the U.S. Department of the Interior and consultation with the State of Hawai'i ... further clarifies the process for the reorganization of a Native Hawaiian governing entity and reaffirms the special political and legal relationship between the United States and the Native Hawaiian governing entity." The new version of the bill includes two significant changes: Section 7 calls for the creation of a nine-member commission appointed by the Secretary of the Interior to verify the ancestry of those who enroll to participate in the Hawaiian governing entity. All members of the commission must be Native Hawaiian. Section 8 establishes a 20-year limit during whieh the Native Hawaiian governing entity See REVISIONS on page 7

Seeing eye to eye: lnterior Secretary Gale Norton and Sen. Daniel Akaka met at an OHA-sponsored reception for Norton in January. Many of the new amendments to the federal recognition bill proposed by Akaka were included to address eoncems from Norton's department over clarity of the reCOgnition pr0cess. Photo: Sterling Kini Wong

REVISIONS from page 1 may bring claims to the United State District Court in the District of Hawai'i. OHA Administrator Clyde Nāmu'o said that this 20-year statute of limitation is considered by experts in the field of Indian law to be extremely generous. In other federal recognition legislation, he said, the statute of limitation has ranged from one to six years. In addition, said Akaka, "The substitute amendment provides authority for the United States and the State of Hawai'i to enter into negotiations with the Native Hawaiian governing entity to address such matters as the transfer of lands, natural resources and other assets ... the delegation of governmental powers and authorities to the Native Hawaiian governing entity; and any residual responsibilities of the United States and the State of Hawai'i. As agreements are reached, the three governments are authorized to submit recommendations to the relevant committees of Congress and to the Hawai'i State Legislature for the enactment of legislation." The Interior Department said in a statement that it "sincerely appreciates all of the effort the congressional delegation and the governor have made regarding a number of provisions included in S.344. We look forward to contin-

uing productive communications with the congressional delegation and the state as the Administration develops its position on this legislation." Delegation requests floor debate Also in April, Sens. Akaka and Dan Inouye (D-Hawai'i) sent another letter — their third — to Senate Majority Leader Bill Frist (R-Tennessee) requesting a floor debate on the recognition measure. The letter states that the senators have garnered enough votes in the Senate to overcome a procedural hold that has been placed on the bill. Frist said recently that the Senate calendar is too full to schedule a debate on the measure, but promised that he would try to find time. Last June, S.344 became eligible for consideration by the full Senate after it was approved by the Indian Affairs Committee. However, the bill has since failed to move forward due to an anonymous hold that was placed on it. Should the Senate eventually approve the bill, it would then pass to the House of Representatives for consideration. Last year, the House voted to approve a similar measure. If the bill does not pass by the end of the current two-year congressional cycle in October, the arduous process will have to begin anew in the 2005-2006 congressional cycle. ■