Senator Akaka on the “Akaka Bill”
Feb 5th, 2009 by Capsun
Note: Due to technical difficulties, today’s scheduled post on the Honolulu Twestival was unavailable. Please come back tomorrow for that post. In the meantime, you can take a look at Sen. Akaka’s statement on the newly-reintroduced “Akaka Bill” in Congress. Yesterday, I posted the press statement issued by Sen. Akaka’s office. The text below is courtesy of Maoli News and includes Sen. Akaka’s remarks in full, as delivered on the Senate floor.
Introduction of the Native Hawaiian Government Reorganization Act of 2009
Statement of Senator Daniel K. Akaka in the Congressional Record
February 4, 2009
I rise today to introduce the Native Hawaiian Government Reorganization Act of 2009. While this legislation is especially significant to Native Hawaiians, I introduce this measure for all the people of Hawaii. This bill authorizes a process to extend federal recognition to Hawaii’s indigenous people for the purposes of a government-to-government relationship with the United States. This benefits all the people of Hawaii, as they will now have a structured, formal process to come together to address many unresolved issues confronting our state and our residents.
Unlike our nation’s other indigenous people, the federal policy of self-governance and self-determination has not been extended to Native Hawaiians. The bill addresses this need and establishes parity. It provides Native Hawaiians a formal opportunity to participate in making policy decisions and empowers them to interact at the state and federal levels through a government-to-government relationship. The legislation is consistent with federal and state law and allows Native Hawaiians to be treated the same way as our country’s other indigenous people.
The United States has recognized and upheld a responsibility for the wellbeing of indigenous, native people, including Native Hawaiians. Congress has enacted more than 160 statutes to address the needs of Native Hawaiians. In 1993, I sponsored a measure commonly known as the Apology Resolution that was enacted into law. The Resolution outlined the history prior to- and-following the overthrow of the Kingdom of Hawaii, including involvement in the overthrow by agents of the United States. Further, in the Resolution the United States apologized for its involvement in the overthrow and committed itself to acknowledge the ramifications of the overthrow and support reconciliation efforts between the United States and the Native Hawaiian people. This was a historic declaration that has initiated a healing process. However, additional Congressional action is needed to continue this process.
The legislation allows us to take the necessary next step in the reconciliation process. The bill does three things. First, it authorizes an office in the Department of the Interior to serve as a liaison between Native Hawaiians and the United States. Second, it forms an interagency task force chaired by the Departments of Justice and Interior, as well as composed of officials from federal agencies who currently administer programs and services impacting Native Hawaiians. Third, it authorizes a process for the reorganization of the Native Hawaiian governing entity for the purposes of a federally recognized government-to-government relationship. Once the Native Hawaiian governing entity is recognized, the bill establishes an inclusive democratic negotiations process representing both Native Hawaiians and non-Native Hawaiians. There are many checks and balances in this process and any agreements reached will require implementing legislation at the state and federal levels.
Mr. President, this legislation is needed to address issues present in my home state. It is a reality that there are longstanding and unresolved issues resulting from the overthrow. Despite good faith efforts to address these issues, the lack of a government-to-government relationship has limited progress. Building on the constitutionally sound and deliberate efforts of Congress and the State of Hawaii, it is necessary that Native Hawaiians be able to reorganize a governing entity and enter into discussions with the federal and state governments. My bill would ensure there is a structured process by which Native Hawaiians and the people of Hawaii can come together, resolve such complicated issues, and move forward together as a state.
The legislation I introduce today is identical to language passed by the House of Representatives in the 106th Congress. This bill is the product of five working groups the Hawaii Congressional Delegation created to assist with the drafting of this legislation. The working groups were composed of individuals from the Native Hawaiian community, elected officials from the State of Hawaii, representatives from federal agencies, Members of Congress, as well as leaders from Indian Country and experts in constitutional law. This ensured that all parties that had expertise and would work to implement the legislation had an opportunity to collectively and collaboratively participate in the drafting process.
Mr. President, the Hawaii Congressional delegation has carefully considered the significant public input and Congressional oversight on this bill over the last 9 years. To date, there have been a total of 9 Congressional hearings, including 6 joint hearings held by the Senate Indian Affairs Committee and House Natural Resources Committee, 5 of which were held in Hawaii. From the beginning, the National Congress of American Indians and Alaska Federation of Natives have joined Native Hawaiians in their pursuit for federal recognition. In the 110th Congress, the Senate Committee on Indian Affairs explored the legal aspects of the bill where Hawaii’s State Attorney General expressed his support and spoke to the constitutionality of this measure. In addition to the bipartisan support at the federal and state level for the bill, national organizations such as the American Bar Association, Japanese American Citizens League, and National Indian Education Association have also urged Congress to pass legislation establishing a process to provide federal recognition to Native Hawaiians.
It is clear this legislation is constitutional and provides a framework respectful of the needs of Native Hawaiians and non-Native Hawaiians. Their combined efforts will be needed as each will play an active role in reaching agreements and enacting implementing legislation at the state and federal levels. I ask my colleagues to join Senator INOUYE and I, in enacting this legislation.
Mr. President, I ask unanimous consent that my full written statement and text of this measure be printed in the record.
Mahalo!
Mahalo for your posts on the Akaka Bill Capsun. I think this bill is very widely misunderstood (and I include myself in the ranks of those who have been quite confused about it), and I will be sending others here to read your posts as well.
[...] the Federal level, S.381, the Native Hawaiian Government Reorganization Act of 2009 (which is affectionately known as the “Akaka Bill”) was introduced in [...]