The Hawaii Congressional Delegation on May 7, 2009 reintroduced the Native Hawaiian Government Reorganization Act identical to the version considered during the 110th Congress. Senators Daniel K. Akaka and Daniel K. Inouye introduced S. 1011 in the Senate, and identical H.R. 2314 was introduced by Representatives Neil Abercrombie and Mazie Hirono in the House. The Senate bill is also co-sponsored by Senators Lisa Murkowski (R-Alaska), Mark Begich (D-Alaska), and Indian Affairs Committee Chairman Byron Dorgan (D-North Dakota).
The delegation issued the following joint statement explaining the reintroduction: "We have been working together to enact the Native Hawaiian Government Reorganization Act which is critical for the future of our state. After careful consideration, we have decided to move forward with the version of the bill which was approved by the relevant Congressional committees and the full House in 2007."
The text of S. 1011/H.R. 2314 is available here: LINK
The House Natural Resources Committee held a hearing on H.R. 2314 on June 11, 2007: Press Release, Committee hearing website (includes testimony), webcast.
Senate Indian Affairs Committee held a hearing on S. 1011 on August 6, 2009: Press Release, Committee hearing website (includes testimony), webcast.
The Senate hearing marked the first occasion that the Obama Administration Justice Department formally made its position known on the legislation: "The Department of Justice strongly supports the core policy goals of this bill, and I am pleased to testify on this historic legislation," said Deputy Associate Attorney General Sam Hirsch in his prepared testimony. "In recognizing a Native Hawaiian sovereign entity, Congress would in effect determine that Native Hawaiians constitute a distinct community as it has done with Indian tribes. The history of Native Hawaiian sovereignty and the extent to which Native Hawaiians continue to function as an organized community - engaging in collective action and preserving traditional community and culture - are relevant to this analysis."
Video highlights of the Senate hearing are available here: LINK. The entire hearing webcast is available here: LINK
While Congress has traditionally treated Native Hawaiians in a manner parallel to American Indians and Alaska Natives, the federal policy of self-governance and self-determination has not yet been formally extended to Native Hawaiians. The bill addresses this need and establishes parity.
The Native Hawaiian Government Reorganization Act does three things:
- It establishes the Office within 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 that administer Native Hawaiian programs. The Interagency Coordinating Group will be lead by the Department of Interior.
- It provides a process to reorganize a Native Hawaiian governing entity for the purposes of a federally recognized government-to-government relationship with the United States.
Once the Native Hawaiian governing entity is federally recognized the bill authorizes negotiations between the Native Hawaiian governing entity, United States, and State of Hawaii. This inclusive, democratic negotiations process represents both Native Hawaiians and non-Native Hawaiians. Negotiations between the 3 governmental parties will address issues such as criminal and civil jurisdiction, historical grievances, and jurisdiction and control of natural resources, lands, and assets.
Opponents to the bill have sought to spread misinformation about the legislation.
- The bill does NOT allow Hawaii to secede from the United States.
- The bill does NOT allow private lands to be taken.
- The bill does NOT authorize gaming in Hawaii.
- The bill does NOT create a reservation in Hawaii.
Instead, the bill sets up a process for the reorganization of the Native Hawaiian government for the purposes of a federally recognized government-to-government relationship with the United States. This provides parity in the federal policies towards the indigenous people who exercised governance over lands which later became part of the United States. The legislation empowers Native Hawaiians to interact at the state and federal levels through a government-to-government relationship.
At the local level, the bill enjoys strong bipartisan support by Hawaii's Governor, Linda Lingle and the Hawaii State legislature has passed three resolutions in support of federal recognition for Native Hawaiians.
Further, there is widespread support by both Native Hawaiians and non-Native Hawaiians. Members of both the oldest and largest national Indian organization, the National Congress of American Indians, and the largest organization representing the Native people of Alaska, the Alaska Federation of Natives, have consistently expressed their strong support for enactment of a bill to provide for recognition by the United States of a Native Hawaiian governing entity. National organizations such as the American Bar Association, Japanese American Citizen League, and the National Indian Education Association have also passed resolutions in support of federal recognition for Hawaii's indigenous peoples. Senator Akaka greatly appreciates the efforts of everyone involved who is working to enact this bill.
The United States has committed itself to a process of reconciliation with Native Hawaiians and this bill allows us to take the next step in continuing this process. Senator Akaka sees this process as important for all people of Hawaii so that we can finally resolve longstanding issues resulting from the overthrow of the Kingdom of Hawaii and move forward to provide the best future that we can for the children of Hawaii.
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