Hawaii Delegation Agrees on Final Text of Native Hawaiian Government Reorganization Act
Press Release
Hawaii Delegation Agrees on Final Text of Native Hawaiian Government Reorganization Act
The Hawaii Congressional Delegation today released the final text of the Native Hawaiian Government Reorganization Act, which includes clarifications addressing concerns raised by the State of Hawaii and stakeholders in the Native Hawaiian community. The legislation was fine-tuned in consultation between the Delegation and the White House, the U.S. Departments of Justice and Interior, and the Hawaii State Attorney General. The U.S. House of Representatives Committee on Rules met today and issued a rule which will bring the bill to the House floor for debate as soon as tomorrow. There is currently no timeline for Senate consideration.
The final text is available here: http://akaka.senate.gov/upload/Feb-22-2010-NHGRA-final.pdf
The changes reflected in this final text are designed to clarify the authority and powers of the Native Hawaiian Governing Entity prior to negotiations, while ensuring that the final bill is legally sound and consistent with U.S. policy toward indigenous people and their native governments. The final text provides additional guidance on how the Native Hawaiian governing entity, the federal government, and the State of Hawaii will interact and reach mutual agreements.
"These clarifications represent a genuine effort to address the State's concerns while maintaining the original purpose of the bill: federal recognition for Native Hawaiians," said Senator Daniel K. Akaka, the bill's author. "It is critically important that we continue to provide Native Hawaiians parity in federal policies enacted for our nation's indigenous people. This bill provides Native Hawaiians with an opportunity for self determination and cultural preservation, while empowering them to be an equal partner with the state and federal government. More than 50 years after statehood, it is time we act to bring about meaningful reconciliation and healing."
"I appreciate the input we've had from the Hawaii Attorney General and Native Hawaiian organizations to help us strengthen and clarify the intent of the Native Hawaiian Government Reorganization Act," said Representative Neil Abercrombie, the bill's sponsor in the House of Representatives. "Following these consultations, we've made clarifications that are responsive to the concerns raised, and now I look forward to bringing the bill to the House floor for a final vote."
"We have worked for more than a decade on this piece of legislation and I would like to take a moment to thank Governor Lingle and Attorney General Mark Bennett for working with our staff in such a timely manner" said Senator Daniel K. Inouye. "We made significant modifications to this bill at the request of the State and I believe that it is stronger because of it. Although meaningful changes were made to address the Governor's concerns, there remain issues that we could not resolve. Today is a new day. We have a new Administration, and this bill represents a new compromise in our goal of achieving self-determination for Native Hawaiians.
"Over the last 10 years we have held hearings, considered various versions of the bill, and marked it up in both chambers. This is a bill we can all be proud of. Now the job ahead is to get this measure adopted by Congress. We will be working to bring that about. We believe we have a bill that is constitutionally viable, and a bill that can be supported by all. I am proud and privileged to be a part of the process. I ask the Native Hawaiian community to come together and to also support this new compromise."
"This historic legislation is now stronger following this latest set of modifications with the hard work of the Departments of Justice and Interior and the White House," said Representative Mazie Hirono. "I appreciate the State's efforts to provide constructive suggestions, many of which have been incorporated into the final amendment. The next steps are to pass this bill out of the House and Senate for President Obama's signature. Long denied the recognition and rights accorded to America's other indigenous people, this legislation finally will enable Native Hawaiians to embark on their long awaited process of achieving self-determination."
111th CONGRESS LEGISLATIVE HISTORY
Hearings were held on the Native Hawaiian Government Reorganization Act by the House Natural Resources Committee on June 11, 2009 and the Senate Committee on Indian Affairs August 6. Witnesses for and against the legislation testified, and Senator Akaka's office publicized ways for members of the public to submit testimony. In addition, the legislation has been the subject of numerous hearings in Hawaii and Washington, D.C. since 2000.
The Native Hawaiian Government Reorganization Act was approved by the House Committee on Natural Resources on December 16, without amendment.
On December 17, the Senate Committee approved the Native Hawaiian Government Reorganization Act and adopted substitute language which included changes based on the testimony of witnesses during the hearings and submissions from stakeholders including the State of Hawaii, Native Hawaiian community, and other members of the public.
The State of Hawaii, including the Attorney General and Office of Hawaiian Affairs, raised concerns about the substitute language. Those concerns, along with others raised by stakeholders in the Native Hawaiian community, were discussed by the Hawaii Congressional Delegation, the Hawaii State Attorney General, and the Obama Administration over the past two months. Those discussions led to the final text submitted today.
The final text released today builds upon the substitute language. It follows the committees' approval in the standard legislative process, with testimony and letters submitted before and after the hearings last summer and before and after the Business Meetings ("markups") in December.
DETAILS OF FINAL TEXT
The changes in the final text provide additional guidance on how the Native Hawaiian governing entity, the federal government, and the State of Hawaii will interact prior to negotiations. The underlying purpose of the legislation remains unchanged: to extend the federal policy of recognition to Native Hawaiians and provide parity for Hawaii with policies towards Alaska Natives and American Indians. As an indigenous citizens of a sovereign nation recognized by the United States in treaties and trade agreements before their government was illegally overthrown with participation of agents of the United States, Native Hawaiians should have the same opportunity for cultural preservation and self-determination as indigenous people on the on the mainland U.S.
Much more information about the legislation is available at: http://akaka.senate.gov/issue-native-hawaiian-federal-recognition.cfm
Below, some of the most recent changes are highlighted:
Inherent Governmental Authority and Power
The final text makes it clear that Native Hawaiians will have the inherent powers and privileges of a native government -- self-determination like indigenous people on the continental U.S. -- with the exception of the right to conduct gaming.
Like American Indian tribes and Alaska Native corporations, once federally recognized the Native Hawaiian governing entity will have the right to choose its own structure of government, determine its membership, operate the native government and carry out native responsibilities. It will draft organic governing documents which will need to be certified by the U.S. Secretary of the Interior. The entity will still need to enter into negotiations with the state and federal government over control of land and other resources. No land transfers can occur without implementing legislation by the state.
Civil or Criminal Jurisdiction
Preserving the status quo, the bill does not preempt federal or state jurisdiction over individual Native Hawaiians or their property. Native Hawaiians remain subject to state and federal laws.
The bill does not transfer any lands to the Native Hawaiian governing entity. Initially the entity will have no land base on which to exercise jurisdiction and will need to enter negotiations with the state and federal government. Language has been added in the final text to clarify that during the period between recognition and conclusion of negotiations, the Entity does not have civil or criminal jurisdiction over non-members.
As is the policy towards other native governments on the continental US, the legislation states that when the Native Hawaiian governing entity is conducting governmental, noncommercial activities, it is not subject to taxation or regulation by the state. However, the final legislation specifies that when the Native Hawaiian governing entity is conducting commercial or business activities, it will be subject to state taxation and regulation. Governmental activities are public services activities such as setting up offices, hiring staff, providing services to constituents, setting up schools, etc. Activities such as opening a hotel or a crafts store would be subject to state taxation.
Sovereign Immunity and Claims
The final text preserves sovereign immunity for the Native Hawaiian governing entity and its officers and employees while acting in the scope of their official capacity. All states and native governments in the United States have sovereign immunity. Language was added to the final text to clarify that the bill does not alter the sovereign immunity of the United States or the State of Hawaii.
As in previous versions of the legislation, past claims already adjudicated cannot be revived, future claims are not affected, and defenses to future claims are not affected. This protects the Native Hawaiian governing entity, the United States, and the State of Hawaii by ensuring that no party has any advantages or rights it would not otherwise have. This is consistent with federal policy towards American Indians and Alaska Natives.
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