Akaka Bill

Click here to view Committee Report/The bill - S.147 / Substitute Amendment to S.147 / Substitute Amendment Facts

S. 147, the Native Hawaiian Government Reorganization Act of 2005

I introduced this legislation with Hawaii’s Congressional delegation to extend the federal policy of self-governance and self-determination to Native Hawaiians. We have been working to enact this legislation since 1999. I have made clear to my colleagues in Washington, D.C. that this is a nonpartisan issue. This is a team effort and we greatly appreciate the efforts of everyone involved who is working to enact this bill.

BACKGROUND

S. 147, the Native Hawaiian Government Reorganization Act, was introduced on January 25, 2005, and was referred to the Senate Committee on Indian Affairs. On March 1, 2005, the Senate Committee on Indian Affairs held a hearing on the legislation. Witnesses included Governor Linda Lingle, who was accompanied by Hawaii State Attorney General Mark Bennett and Hawaiian Homes Commission Chair Micah Kane; Haunani Apoliona, Chair, Office of Hawaiian Affairs Board of Trustees; Jade Danner, Vice-President, Council for Native Hawaiian Advancement; Tex Hall, President, National Congress of American Indians; and Julie Kitka, President, Alaska Federation of Natives.

On March 9, 2005, the Senate Committee on Indian Affairs voted to adopt a substitute amendment offered by myself, Senator Daniel K. Inouye, and Senator John McCain. The Committee also voted to favorably report the bill as amended.

The Native Hawaiian Government Reorganization Act does three things. It establishes the Office of Native Hawaiian Relations in the Department of the Interior to serve as a liaison between Native Hawaiians and the United States. It establishes the Native Hawaiian Interagency Coordinating Group to be composed of federal officials from agencies which administer Native Hawaiian programs. Both of these provisions are intended to increase coordination between the Native Hawaiians and the federal government. And third, the bill provides a process of reorganization of the Native Hawaiian governing entity. I am very proud of the fact that while the bill provides structure to the process, it also provides the Native Hawaiian community with the flexibility to truly reorganize its governing entity.

NEXT STEPS FOR S. 147

As for the “prognosis” of the bill, I remain cautiously optimistic that given the opportunity for a roll call vote on the passage of S. 147, we have the necessary votes in the United States Senate to pass the bill. Senator Inouye and I have been meeting with our colleagues to talk about the legislation and to address any concerns that they may have about the bill. We have had the full support of our Democratic colleagues for the past six years. In addition, we have support from a number of our colleagues across the aisle. I continue to meet with my colleagues on the legislation and will do so until the bill is considered by the Senate. Our biggest challenge in the enactment of this bill remains with the Executive Branch. The White House wields a tremendous amount of authority over the Legislative Branch in terms of which bills are allowed to be considered in the House and Senate. This is due to the majority that the Republican party currently wields in the House and Senate. This is why I greatly value the efforts of Governor Linda Lingle who has reached out to her contacts in the Executive Branch regarding the importance of this bill for the State of Hawaii.


RECONCILIATION AND RECOGNITION

S. 147 is not about redress and it never was. This bill is about process and opportunity. I am proud of the balance this bill achieves between structure and flexibility for Native Hawaiians to reorganize their governing entity for the purposes of a federally recognized government-to-government relationship. This is just one of many steps that we will take as we move forward as a people to provide a better future for our children.

My intent in drafting this bill is to provide Native Hawaiians with the opportunity to reorganize their governing entity for the purposes of a federally recognized government-to-government relationship with the United States. This is important because it provides parity in the way the federal government deals with the indigenous peoples who inhabited the lands which have become the United States. There are many, many more steps that we will take as a people. I believe it is wrong to predetermine the outcome of these longstanding matters in legislation. For that reason, I have deliberately not sought to resolve longstanding issues, such as land conflicts, in this bill. I believe that once the entity is reorganized, it will be in a position to negotiate these issues for its citizens with Native Hawaiians controlling the outcome of the process.


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