Tag: S.344

Proposed changes to the Akaka bill (S.147) are a cause for concern

By: TRUSTEE ROWENA AKANA

Source: November 2005 Ka Wai Ola o OHA Column

`Ano`ai kakou…  Despite the combined efforts of OHA, Governor Lingle, our Congressional delegation, and countless grassroots organizations, the Akaka Bill (S.147) has yet to reach the floor of the U.S. Senate.  As of this writing, it seems that the earliest that the bill will be voted on is during the week of October 17th.

As you may have read in the local print media, the Akaka Bill has recently been amended to appease the White House and the Republican Senators who oppose it.  While the Board continues to support the bill, I am starting to have grave concerns with the direction that the bill is taking.  I question whether we are now willing to sacrifice some of our rights just to pass the bill and stop the lawsuits.

The proposed amendments to the Akaka bill were negotiated by Congressional staff, the Justice Department, and the state Attorney General in consultation with attorney Robert Klein and others.  Even after all of the strong support we have consistently given the bill, the trustees of OHA ended up being completely left out of the loop.  This is totally outrageous since none of the negotiators were elected and they don’t have a constituency to answer to.  This is probably why they gave in to the pressure from the Republican Senators and the Bush Administration.

For example, they added proposed language that completely bans the new Hawaiian Governing Entity from ever generating revenues from gambling in this or any other state.  Even if the State of Hawaii adopts a gambling bill, Hawaiians would be the only native people who could not engage in any gambling activity.  Isn’t this unconstitutional?  I have always felt that this should be left to the new Hawaiian Governing Entity to decide.  That’s what sovereignty is all about.  We should not ban the new Hawaiian Governing Entity from a potential revenue source that could help them become self-sufficient.

Another proposed amendment prevents the United States from taking any Native Hawaiian lands into trust.  I feel this hurts us because only the federal government can give ceded lands the strong protection it needs.  Just look at what the state has done with ceded lands in the past and the reasons would be clear.  How many more $1 a year leases and unfavorable land swaps do we have to put up with?

I also have a problem with the military being taken off the negotiating table.  The new language for the bill states that the military will not be required to consult with the Office for Native Hawaiian Relations or the Native Hawaiian Interagency Coordinating Group.  What about all of the prime ceded lands that are occupied by the military?

Unfortunately, detrimental changes to the Akaka Bill are nothing new.  The 2002 version of the Akaka Bill (S. 746) was very controversial because it left out a section from the original bill (S. 81) that allows for a fair process for all Hawaiians to be included in the recognition effort.  The section was finally restored to the bill (S. 344) in May of 2003 so there is some hope that the bill can be changed for the better later. 

Some may argue that the proposed changes would allow the bill to finally get passed, but changing the bill by adding language that is not understood by the greater Hawaiian community makes no sense at all.  Still others may say, “Isn’t half a loaf better than no loaf?”  That maybe so, but we may be giving up too much. 

It is truly sad that doing the right thing has now become so controversial.  No matter how many historical facts are presented, no matter all the legal justification offered, getting Congress to do what is right is easier said than done.  The Akaka bill is supposed to represent the beginning of our journey to sovereignty.  Let us hope that the journey continues despite the proposed amendments.  Imua Hawaii Nei…

United we stand, divided we fall!

By: TRUSTEE ROWENA AKANA

Source: February 2004 Ka Wai Ola o OHA Column

`Ano`ai kakou…  As you may have read in the local print media, the U.S. Senate has been reviewing the Akaka Bill (S. 344) and is considering further amendments to the bill.  The Trustees of OHA recently met with our two U.S. Senators and they informed us that a few people in the Justice Department and a few others (no names or affiliations were mentioned) have concerns about our bill.  Since it was not made clear to us as to what those concerns were, I expressed my own about the possibility that Congress may change the bill’s definition of who is Hawaiian.

IF THIS IS INDEED ONE OF THE SUGGESTED CHANGES, I COULD NO LONGER SUPPORT THE BILL’S PASSAGE. 

Some may argue that the changes would allow the bill to finally get passed, but changing the bill by adding language that is not supported by the Hawaiian community makes no sense at all.  Either recognition includes ALL Hawaiians or no Hawaiians at all.

Still others may say, “Isn’t half a loaf better than no loaf?”  That maybe so in some cases, but certainly not when it comes to deciding who will be in the Hawaiian Nation.  Isn’t that what WE HAWAIIANS together must decide?

What’s happening now with the Akaka Bill sounds similar to what Congress did to us in 1920 with the creation of the Department of Hawaiian Homelands and the 50% blood quantum.  They arbitrarily decided who was going to be a Native Hawaiian.  The blood quantum issue has long been a source of division among our people.  Why then would we let them do this to us again?

Detrimental changes to the Akaka Bill by Congress are nothing new.  The 2002 version of the Akaka Bill (S. 746) was very controversial because section 7 of the original Akaka Bill (S. 81), which allows for a fair process for all Hawaiians to be included in the recognition effort, was left out.  The 2003 Akaka Bill (S. 344), continued to lack a section which would allow for a fair process for all Hawaiians to be included in the federal recognition effort.

In mid-May of 2003, I was relieved to learn that the Akaka Bill was amended to include a process for federal recognition that would allow ALL Hawaiians to participate.  The language in the second (current) S. 344 offered and suggested a clear process for recognition that the U.S. Department of the Interior currently uses to recognize Native American tribes.

We are certainly more educated about western law and how politics works in Washington.  Our current population, which is 400,000 strong, could make our own powerful political statement.  Let us tell Congress that we, the Hawaiian community, will decide for ourselves this important question of who will be in our Nation.

We must question why Hawaiians are being treated differently from Native Alaskans and Native Americans.  Congress has the discretion to pass the current Akaka Bill in its entirety and allow us to begin the process of self-determination.  Though the Akaka bill does not give Hawaiians sovereignty, it will allow us to begin our journey.

Why then, are some in Washington  concerned about having too many Hawaiians involved in the process?  Blood quantum and membership issues are not a question for Congress to decide, and we must tell them so.  If this is indeed one of the considered amendments, we must let our Congressional Delegation know that this is a concession we will not make.

We, the Hawaiian people, must never again let Congress or anyone else divide us again.  We are only strong when we are together.  United we stand, divided we fall!  Imua Hawaii Nei…

Reid of Nevada joins Akaka in sponsoring S.344

TRUSTEE ROWENA AKANA

November 2003 Ka Wai Ola o OHA Column

‘Ano`ai kakou…  Despite the obstacles that may cause some irritation and delays in the passage of our Hawaiian Recognition Bill (Senate Bill 344), we should all be grateful for the many friends that we have made along the way.

A man of humble beginnings, Senator Harry Reid of Nevada is known as a champion of social causes and has earned the respect and trust of both Democrats and Republicans for his integrity and fairness.  Parade Magazine describes him as one of a handful of leaders in Washington who possesses integrity and guts!  It goes without saying then, that it is a plus to have Senator Reid sign on to our bill.

In late September, the Trustees of OHA, along with the Royal Societies including Makakakawa, the Royal Order of Kamehameha, the Kaahumanu Society, and Hale o Na Ali’i, traveled to Washington D.C. to speak to members of Congress about the importance of passing the Hawaiian Recognition Bill.

While our trip was interrupted by Mother Nature, with one of the nastiest hurricanes to ever hit the east coast, we did manage to make an impact on those we were able to meet.  Our Royal Societies made quite an impression in the halls of Congress and among those they spoke to.  Seeing the royal capes and the ceremonial dress worn by our alii was an unforgettable experience for those who witnessed it.  To explain to the people on the mainland about who Hawaiians are and what we represent is difficult at best for them to imagine.  But to actually see the formal dress and to witness royal ceremonies speaks to volumes of historical insight that cannot be translated into words.

Our trip was cut short in Washington due to the hurricane, but on the way home, some of us stopped in Arizona and Nevada.  In Arizona, we met with the Inter-Tribal Council of Arizona, which represents 19 local tribes.  Our purpose was to solicit their support for our Hawaiian Recognition Bill.  Their interest and support were encouraging.

Next stop was a Nevada Hoolaulea sponsored by the Mainland Council of Hawaiian Civic Clubs.  The Ho’olaulea was held at Lorenzi Park about 10-minutes from down town Las Vegas and featured nearly 100 craft and food vendors and informational booths.  The state of Nevada is now home to over 40,000 Hawaiians and the Hoolaulea drew 10,000 people.  OHA was there to register Hawaiians for our Registry Program and to educate attendees about the facts of the Recognition Bill. 

OHA’s Hawaiian Registry Program is a very important program.  It is the first step in identifying Hawaiians who want to be identified as Hawaiians and who want to be counted as Hawaiians.  The Hawaiian Registry Picture ID Card, it is hoped, will one day serve as a card that will offer many services to those who have it.

I would like to say Mahalo Nui Loa to Nevada US Senator Harry Reid who came to the Nevada Hoolaulea to speak to the Hawaiians who were there and to assure them of his support for the Hawaiian Recognition Bill.

Lastly, I would like to say to all who read my column that if you have any questions about whether or not the Akaka Bill is good for Hawaiians, I will be available to you and your groups to explain the facts.  Please call my office to set-up a scheduled appointment time for a presentation.  Have a Happy Thanksgiving!

Where Is The Akaka-Stevens Bill?

TRUSTEE ROWENA AKANA

September 2003 Ka Wai Ola o OHA Column 

Despite the combined efforts of OHA, Governor Lingle, our Congressional delegation, and countless grassroots organizations, the Akaka-Stevens Bill (S.344) did not make it to the floor of Congress for a vote before the Fourth of July recess.  We are now working to ensure the bill is voted on the floor of Congress before it recesses again for the holiday season.

In 2004, both Republicans and Democrats will be concentrating on who will occupy the White House for the following four years.  As most lobbyists know, members of Congress become extra cautious during an important election year.  Congressmen who may or may not have an opinion about the bill will not vote for a bill if they feel it will upset their colleagues or prove to be controversial for them in their own elections.

It is a sad day when doing the right thing could be considered controversial.  No matter how many historical facts are presented, no matter all the legal justification offered, getting Congress to do the right thing is easier said than done.

The political status of Native Hawaiians is a serious matter that should never be used as political leverage between Democrats and Republicans.  By doing so, our effort to achieve federal recognition become much more difficult.  At home, both political parties have strongly supported our efforts and have publicly agreed that this is a nonpartisan issue.  However, comments in the newspapers accusing one party of not doing enough only proves that this is not the case.  Accusations such as these can only hurt our overall efforts.

If the Native Hawaiian community and the general public are to believe that both political parties are working together for the best interests of our community they must prove it by ending their finger-pointing in the media.  All of us are tired of this kind of behavior.

The quest for power and control over political offices by the parties is, in my view, the very thing that is destroying the trust between the people and their elected leaders.  Where does the public fit in this picture?  Are we just pawns to be used as “political footballs” to gain footholds into political power structures?

Passing the Akaka-Stevens bill is the first real step in correcting egregious acts done against us over 110 years ago.  The political blame-game must stop.  If this is truly a nonpartisan effort, what should it matter which political party takes the most credit.  After all, isn’t it the right thing to do?  The point is, how can we convince others of the importance of the Akaka-Stevens bill if we cannot work together in good faith at home? 

Mālama pono!

A Process for Nationhood Returns to Akaka Bill

TRUSTEE ROWENA AKANA

July 2003 Ka Wai Ola Article

`Ano`ai kakou…

During OHA’s trip to Washington D.C. in mid-May, I was pleased to learn that the Akaka Bill was amended to include a process for federal recognition.  The language describing the process makes it clear that we will not be obligated to follow it exactly, word-for-word.  It is merely a suggestion based on the process that the U.S. Department of the Interior currently uses to recognize Native American tribes.

One of the concerns I had about the first version of the 2003 Akaka Bill (S.344) was that it lacked a section which would allow for a fair process for all Hawaiians to be included in the federal recognition effort.  The original bill (S.81 in 2000) included a reasonable process, but it was subsequently taken out in later versions.

The first step in the process outlined in the bill is to create an official “roll” (list) of those who can directly trace their ancestry to indigenous Hawaiians who resided in Hawaii on or before Jan. 1, 1893, or those who were eligible during 1921 for the programs authorized by the Hawaiian Homes Commission Act and their lineal descendants.

Once the roll has been finalized by the Department of the Interior, members of the final roll, who are over the age of 18, may run to serve on an Interim Governing Council.  Candidates elected to the Interim Council may then conduct a referendum and draft organic governing documents for a Native Hawaiian governing entity.  The Council may also tackle questions such as the proposed criteria for citizenship, the proposed powers, privileges, immunities, and authorities of the Native Hawaiian governing entity.  They may also consider the civil rights and protection of rights of citizens and other issues it deems appropriate.

The proposed organic governing documents can then be distributed to all Hawaiians on the certified roll and an election held to ratify them.  Additional elections may be held by Hawaiians on the certified roll to elect officers of the new Native Hawaiian governing entity.  The Interim Governing Council will then be terminated after the elected officers take office.

The new Native Hawaiian governing entity may then submit their ratified organic governing documents to Secretary of the Interior to be certified.  Once recognized by the United States, the Native Hawaiian governing entity may enter into negotiations with both the United States and the State of Hawaii to address the transfer and exercise of governmental authorities over lands, natural resources, and other assets.

Opponents of the Akaka Bill should note that S.344 does not settle any claims against the United States nor does the bill authorize the Native Hawaiian governing entity to conduct gaming activities under the Indian Gaming Regulatory Act.

As you can imagine, the process outlined above will take many years to complete.  The organic governing documents alone will probably need to be revised several times before it is ratified by the Hawaiian people.  In the meantime, those who want to be involved should prepare now by gathering their documentation to join the Roll and consider whether to get involved by running for the Interim Governing Council.

There is much to do and OHA will be working tirelessly to bring people together to make a Native Hawaiian governing entity a reality.  I will continue to keep you posted on any and all information regarding this important measure.  A hui hou!

Hana Hou, One More Time

TRUSTEE ROWENA AKANA

March 2003 Ka Wai Ola o OHA Column

Most of the Trustees traveled to Washington D.C. in the last week of February to appear before the US Senate Committee on Indian Affairs where the new “Akaka Bill” (S.344) was heard.  This time, however, we had the support of Governor Linda Lingle.  Having the Governor’s support is a refreshing change after the last eight years of hostility experienced by Hawaiians during the previous state administration.  The Governor gave testimony supporting the intent of the Akaka Bill, but not necessarily supporting all of its content or language.  It is important to note that Governor Lingle has kept her promise to Hawaiians by supporting our efforts for federal recognition, and has done everything that she possibly could, within the limits of the law, to restore OHA’s revenue stream.

In 2000, the very first Akaka Bill, S.81, received many hearings across the State and this allowed for a great deal of community input.  This first bill was passed by the House but was not voted on by the Senate.  An amended version introduced in 2001 also passed the committee, but no floor vote was taken. 

The 2002 version of the Akaka Bill, S.746, received no hearings, although there was an effort in the Senate to get the bill to the floor for a vote.  Unfortunately, the effort was not successful.  The Bill was very controversial because it looked nothing like the original Akaka Bill, S.81.  Most critical is that Section 7 of the original Bill, which allows for a fair process for ALL Hawaiians to be included in the recognition effort, was left out.  Other sections of equal importance which addressed land, etc., were also absent in S.746. 

The new 2003 Akaka Bill was introduced as S.344, however it is identical to S.746.  Our Congressional Delegation has promised that there will be a time for community input before the “mark up” (a process that allows for amendments to be made).  Our Congressional Delegation must understand that the Hawaiian community has made it very clear that they want to be included in the “mark up” of the new Akaka Bill.  This is a promise that must be kept. 

I believe that the new Akaka Bill has a better chance of passage in Congress this year than in years past.  Our challenge is to convince not just the Congress but also the Federal Administration that recognizing the Native people of Hawaii is the right thing to do.  All 50 states have federally recognized Native Americans.  Hawaii is the last State to ask Congress to recognize its Native people.

The passage of this year’s Akaka Bill is dependent upon all of our support.  I will keep you posted on any and all information regarding this very important measure.  A hui hou!