    [Senate Hearing 108-27]
    [From the U.S. Government Publishing Office]

                                                             S. Hrg. 108-27

        POLICY OF THE UNITED STATES REGARDING RELATIONSHIP WITH NATIVE
     HAWAIIANS AND TO PROVIDE A PROCESS FOR THE RECOGNITION BY THE UNITED
                 STATES OF THE NATIVE HAWAIIAN GOVERNING ENTITY

    =======================================================================

                                    HEARING

                                   BEFORE THE

                          COMMITTEE ON INDIAN AFFAIRS
                              UNITED STATES SENATE

                          ONE HUNDRED EIGHTH CONGRESS

                                 FIRST SESSION

                                       ON

                                     S. 344

    EXPRESSING THE POLICY OF THE UNITED STATES REGARDING THE UNITED STATES
      RELATIONSHIP WITH NATIVE HAWAIIANS AND TO PROVIDE A PROCESS FOR THE
       RECOGNITION BY THE UNITED STATES OF THE NATIVE HAWAIIAN GOVERNING
                                     ENTITY

                                   __________

                               FEBRUARY 25, 2003
                                 WASHINGTON, DC

    83-959              U.S. GOVERNMENT PRINTING OFFICE
                                WASHINGTON : 2003
    ____________________________________________________________________________
    For Sale by the Superintendent of Documents, U.S. Government Printing Office
    Internet: bookstore.gpr.gov  Phone: toll free (866) 512-1800; (202) 512�091800
    Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001

                          COMMITTEE ON INDIAN AFFAIRS

                  BEN NIGHTHORSE CAMPBELL, Colorado, Chairman

                    DANIEL K. INOUYE, Hawaii, Vice Chairman

    JOHN McCAIN, Arizona,                KENT CONRAD, North Dakota
    PETE V. DOMENICI, New Mexico         HARRY REID, Nevada
    CRAIG THOMAS, Wyoming                DANIEL K. AKAKA, Hawaii
    ORRIN G. HATCH, Utah                 BYRON L. DORGAN, North Dakota
    JAMES M. INHOFE, Oklahoma            TIM JOHNSON, South Dakota
    GORDON SMITH, Oregon                 MARIA CANTWELL, Washington
    LISA MURKOWSKI, Alaska

             Paul Moorehead, Majority Staff Director/Chief Counsel

            Patricia M. Zell, Minority Staff Director/Chief Counsel

                                      (ii)

                                C O N T E N T S

                                  ----------
                                                                       Page
    S. 344, text of..................................................     2
    Statements:
        Akaka, Hon. Daniel K., U.S. Senator from Hawaii..............    25
        Apoliona, Haunani, chairperson, Board of Trustees, Office of
          Hawaiian Affairs...........................................    39
        Campbell, Hon. Ben Nighthorse, U.S. Senator from Colorado,
          chairman, Committee on Indian Affairs......................    24
        Case, Hon. Ed, U.S. Representative from Hawaii...............    27
        Faleomavaega, Hon. Eni, U.S. Delegate from American Samoa....    29
        Inouye, Hon. Daniel K., U.S. Senator from Hawaii, vice
          chairman, Committee on Indian Affairs......................     1
        Kane, Micah A., director, Department of Hawaiian Home Lands..    36
        Lingle, Linda, Governor, Hawaii..............................    32

                                    Appendix

    Prepared statements:
        Alaska Federation of Natives.................................    48
        Apoliona, Haunani............................................    51
        Berish, George L. (with attachment)..........................    68
        Burgess, H. William (with attachments).......................    72
        Carter, Dallas, student,.....................................   222
        Ingham, David (with attachments).............................   163
        Kane, Micah A................................................    45
        Kelly, Marion (with attachments).............................   177
        Kitsu, Susan H., president, Japanese American Citizens League   189
        Kuhea, Kealoha (with attachment).............................   194
        Lee Loy, Emmett E., attorney at law (with attachments).......   197
        Lingle, Linda................................................    46
        Rose, Charles, president, Association of Hawaiian Civic Clubs   212
    Additional material submitted for the record:
        Letters......................................................   235

                          NATIVE HAWAIIAN RECOGNITION

                                  ----------

                           TUESDAY, FEBRUARY 25, 2003

                                           U.S. Senate,
                                   Committee on Indian Affairs,
                                                        Washington, DC.
        The committee met, pursuant to notice, at 9:36 a.m. in room
    485, Senate Russell Building, Hon. Daniel K. Inouye (vice
    chairman of the committee) presiding.
        Present: Senators Inouye, Akaka, Campbell, and Murkowski.

     STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM HAWAII,
               VICE CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS

        Senator Inouye. The Committee on Indian Affairs meets this
    morning to receive testimony on S. 344, a bill expressing the
    policy of the United States regarding the United States
    relationship with Native Hawaiians and to provide a process for
    the recognition by the United States of the Native Hawaiian
    governing entity, and for other purposes.
        This measure, S. 344, was introduced by Senator Daniel
    Akaka on February 12, 2003, and was referred to this committee.
    It is my honor to serve as an original cosponsor of this
    measure.
        [Text of S. 344 follows:]

        Senator Inouye. Before I call upon members of this
    committee, I would like to remind those present here today, and
    those who are watching this hearing, of the historical events
    that have brought us here today. On January 17, 1893, the
    Government of Hawaii was overthrown with the assistance and
    direct involvement of the U.S. minister, who authorized U.S.
    Marine troops to assist in the overthrow of a stable
    government. Prior to the overthrow, that government enjoyed
    international recognition from countries around the world and
    carried on treaty relationships with Great Britain and France.
        One hundred years later, the U.S. Government approved a
    resolution now known as the ``Apology Resolution,'' in which
    the United States formally extended an apology to the Native
    Hawaiian people for America's role in the overthrow of the
    government.
        We are here this morning to consider a measure that would
    restore the government that represented the Native people of
    Hawaii to its rightful status among domestic sovereigns of the
    United States, in the same manner that other governments
    representing the Native peoples of the United States are
    recognized by the Federal Government.
        With that, may I call upon the very distinguished chairman
    of the committee, Senator Ben Nighthorse Campbell.
        Mr. Chairman.

     STATEMENT OF HON. BEN NIGHTHORSE CAMPBELL, U.S. SENATOR FROM
            COLORADO, CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS

        The Chairman. Thank you, friend and vice chairman, Senator
    Inouye. I apologize this morning that I have a conflict and I
    am not going to be able to be here this morning. I will not
    take much time with my opening statement before I go on to say
    that I have great confidence and great faith in Senator
    Inouye's knowledge and expertise in the matters at hand.
        I wanted to also thank our distinguished witnesses for
    coming such a great distance. I see a number of leis in the
    audience, and I assume that all of those came from the great
    State of Hawaii. Leaving that island paradise to come back here
    to all this ice and snow must have been somewhat of a culture
    shock.
        But I am looking forward to reading your testimony. I am
    encouraged that Governor Lingle, who is here in the audience
    somewhere--I wanted to congratulate you on your recent
    election, Governor Lingle. I understand you are the first woman
    Governor of Hawaii, is that correct? Well, you have certainly
    been a pioneer in the tradition of so many great Hawaiians, in
    a wonderful State of great pioneers. I thank you for coming to
    testify, too.
        I would also say that Secretary Norton has offered her
    support, too, for this. She has made some very favorable
    comments recognizing Native Hawaiians. This committee has found
    time and again that the best way to improve the lives of Native
    peoples is to turn over to their control the resources
    dedicated to their benefit. I am certain that Governor Lingle
    will discover this to be true with Native Hawaiians, as we have
    with Native Americans.
        At the hearing on September 14, 2000, several committee
    members, including myself, suggested that we should move very
    slowly on this because it is an issue of great importance to
    Native Americans, and we have. With today's hearing, this
    committee will have had seven hearings and passed two bills on
    this matter. In addition, the House Resources Committee has
    held several hearings and passed two bills, one of which was
    passed by the complete House.
        So I think we probably have moved along very, very
    carefully, and I look forward to working with Senator Inouye,
    as I have always done. I wanted to just once again thank you
    very much for appearing here today.
        Thank you, Senator.
        Senator Inouye. I thank you very much, Mr. Chairman.
        Now, it is my great privilege to call upon the author of
    this measure, the Akaka bill, Senator Daniel Akaka.

      STATEMENT OF HON. DANIEL K. AKAKA, U.S. SENATOR FROM HAWAII

        Senator Akaka. Thank you very much, Senator Inouye. Mr.
    Chairman, I appreciate your convening this hearing.
        I want to say aloha to Governor Lingle, Trustee Haunani
    Apoliona, and Micah A. Kane, Chairman of Hawaiian Home Lands
    Commission. Thank you for joining us this morning.
        I also welcome the newest member of our delegation,
    Representative Ed Case. Your testimony is vitally important as
    representatives of the people of Hawaii.
        I also want to say mahalo to our brother from Samoa. He
    will be here to testify before us this morning, and has been
    very supportive of our efforts.
        I have repeatedly stated that Native Hawaiian issues are
    nonpartisan, because all of us in Hawaii recognize the need to
    address the conditions of Hawaii's indigenous peoples, Native
    Hawaiians. This is sometimes difficult for colleagues in
    Congress to understand, given the diversity and unique
    qualities of Hawaii's people.
        All of us respect and recognize the need to preserve the
    culture and traditions of Hawaii's indigenous peoples. Your
    appearance this morning, Governor Lingle, demonstrates the
    importance that all people in Hawaii place on the need to
    address the conditions of Native Hawaiians. I want to thank you
    for appearing before the committee this morning.
        As a Native Hawaiian, I firmly believe that it is important
    to understand the ways of our ancestors and honor our culture
    and traditions. In this day and age, it is also important to
    appreciate all cultures and all traditions. As indigenous
    peoples, we must be able to function effectively between
    indigenous and non-indigenous settings.
        The Federal policy of self-determination and self-
    governance and the partnerships formed between the United
    States and Native governments is an appropriate avenue to
    accomplish this goal. For that reason, we have worked to draft
    legislation which would extend the Federal policy of self-
    determination and self-governance to Native Hawaiians.
        The political relationship made possible by this policy is
    an important element in the process of reconciliation between
    the United States and the Native Hawaiian people. It is with
    the goal of reconciliation that I have pursued passage of this
    legislation and worked on all other issues of concern to Native
    Hawaiians.
        The legislation would also establish an office in the
    Department of the Interior to address Native Hawaiian issues
    and to continue the process of reconciliation pursuant to
    legislation that we worked on for 5 years already, and saw
    signed into law a decade ago. I am referring to Public Law 103-
    150, commonly referred to as the Apology Resolution. The
    Apology Resolution was significant not only because it
    apologized to Native Hawaiians for the participation of U.S.
    agents in the overthrow of the Kingdom of Hawaii, but also
    because it commits the United States to a process of
    reconciliation.
        Reconciliation is an incremental dialog between Native
    Hawaiians and the United States. It is a structured process to
    address the many longstanding issues resulting from the
    overthrow of the Kingdom of Hawaii. In addition to continuing
    this process of reconciliation, the office would serve as a
    liaison between Native Hawaiians and the Federal Government,
    and would assist at facilitating the government to government
    relationship.
        The bill would also establish an interagency working group
    composed of Federal officials representing agencies with
    policies that impact Native Hawaiians.
        This bill is not race-based. Instead, this bill recognizes
    the legal and political relationship between the United States
    and the aboriginal indigenous peoples who occupy the lands now
    comprising the United States who were sovereigns, who existed
    prior to the formation of the United States--American Indians,
    Alaska Natives, and Native Hawaiians.
        This legislation would not adversely impact program funding
    for Indian Country, as appropriations for Native Hawaiian
    programs have been and will continue to be separate from
    programs addressing the needs of American Indians and Alaska
    Natives. The bill explicitly states that it does not authorize
    additional eligibility for programs administered by the Bureau
    of Indian Affairs.
        In addition, this bill would not authorize gaming under the
    Indian Gaming Regulatory Act.
        Finally, this bill is widely supported by the State of
    Hawaii, as evidenced by two resolutions unanimously passed by
    the Hawaii State legislature, and by the appearance of our
    Governor Lingle, who also supports this bill. This bill is also
    widely supported in Indian Country, as reflected in the
    resolutions of support repeatedly passed by the National
    Congress of American Indians and the Alaska Federation of
    Natives.
        Mr. Chairman, this bill was originally drafted based on
    input from five working groups consisting of representatives
    from Federal agencies, State agencies, the Native Hawaiian
    community, and the Native American community and constitutional
    scholars with expertise in Federal Indian law.
        We relied heavily on input from the Native Hawaiian
    community. Over 100 people were initially involved in the
    drafting of this legislation. Hearings were held in Hawaii and
    in Washington, DC during the 106th Congress. After considering
    testimony and input that we continue to receive, we modified
    the legislation during the 107th Congress. S. 344 is identical
    to legislation reported by this committee during the 107th
    Congress.
        Mr. Chairman, I will continue to consider all input and
    testimony received on this measure and to work with my
    colleagues to enact this measure, which is so vital to the
    people of Hawaii. I also want to thank the delegation for the
    kind of support that we have had as we worked together to pass
    this bill.
        Thank you very much, Mr. Chairman.
        Senator Inouye. I thank you very much, Senator Akaka.
        Pursuant to the tradition of the committee and the
    Congress, we will first call upon congressional witnesses.
    Before I do, without objection the statement of Congressman
    Neil Abercrombie will be made part of the record.
        [Referenced document appears in appendix.]
        Senator Inouye. Mr. Chairman.
        The Chairman. Mr. Chairman, I am going to apologize. I am
    going to have to excuse myself to go to another hearing. My
    apologies, too, to Congressman Case that I will not be able to
    hear his testimony, but I will certainly review it.
        I just wanted to tell you that I think that that pretty
    lady that just came up and gave me these wonderful flowers
    probably sealed my vote on this issue. [Laughter.]
        Senator Inouye. It is now my great pleasure and privilege
    to call upon the new member of the Hawaii congressional
    delegation, Congressman Ed Case.
        Representative Case.

       STATEMENT OF HON. ED CASE, U.S. REPRESENTATIVE FROM HAWAII

        Mr. Case. Mr. Chairman and members of the Senate Committee
    on Indian Affairs, good morning and aloha.
        Mahalo, or thank you very much, for holding today's hearing
    on S. 344, legislation introduced by both of Hawaii's Senators
    to affirm the longstanding political relationship between
    Native Hawaiians, the indigenous peoples of our Hawaii, and our
    Federal Government, and to extend to Native Hawaiians the time-
    honored Federal policy of self-determination provided other
    indigenous peoples under U.S. jurisdiction. Companion
    legislation, H.R. 665, has been introduced in the House by me
    and the fourth colleague from Hawaii, Representative
    Abercrombie. I know that all of us join together in welcoming
    our Governor, our Office of Hawaiian Affairs trustees, and all
    of our ohana here in Hawaii to our Nation's capital.
        Mr. Chairman, allow me to be very direct. This is the most
    crucial piece of Hawaii legislation to come before Congress
    since our Statehood bill. The stakes are nothing more or less
    than the survival and prosperity not only of our indigenous
    Native Hawaiian people and culture, but of the very soul of
    Hawaii as we know it and love it.
        You will hear passionate testimony today from my colleague
    and friend, Haunani Apoliona, reciting the often difficult
    history of the relationship between our country and the Native
    Hawaiian people, and asking for fairness, justice and further
    healing. For them and for me, that history and call alone
    provide the basis for Federal recognition.
        But I speak to you today on behalf of all of Hawaii's
    people, and all those worldwide for whom Hawaii, in all of her
    forms, be they natural, environmental, cultural, social, or
    spiritual, is a truly special and unique place. I say to you
    that that Hawaii--the Hawaii that is the indigenous home of all
    Native Hawaiians, that my own ancestors and many other non-
    Native Hawaiians committed themselves to since recorded Western
    discovery in 1778, and that so many throughout the world
    continue to view as a beacon for what can be in our world--that
    Hawaii has never been so at risk as it is today.
        It is at risk because it is a creation of and rests upon
    the foundation of our Native Hawaiian people and culture, and
    their survival and prosperity are at risk. As they go, so goes
    Hawaii as we know it. And Hawaii which is not Hawaiian is not a
    Hawaii I can bear to accept.
        So our goal is not only reaffirming the longstanding
    historical and legal relationship between Native Hawaiians and
    the United States, not only delivering fairness and justice to
    Native Hawaiians, but ensuring the very survival and prosperity
    of our Native Hawaiian people and culture and, through them,
    Hawaii itself. This is a truly common goal, evidenced before
    you today not only by a united congressional delegation, but by
    the testimony you will hear, which spans ethnic, partisan and
    other distinctions.
        The goal of assisting Native Hawaiians is not new to our
    Federal Government. Beyond a longstanding relationship that was
    reaffirmed when Hawaii became a territory in 1900 and a State
    in 1959, over 160 Federal statutes have enacted programs to
    address the conditions of Native Hawaiians in areas such as
    Hawaiian home lands, health, education and economic
    development. These have been matched by State and quasi-
    autonomous entities such as Trustee Apoliona's Office of
    Hawaiian Affairs, and private entities like the Kamehameha
    Schools. They have borne fruit with a renewed focus on unique
    Native Hawaiian needs, and a true renaissance of Native
    Hawaiian culture.
        Federal recognition is the means by which these
    indispensable efforts can be carried forward into the next
    generation of Native Hawaiian governance. Federal recognition
    is also the time-honored means of memorializing our
    government's relationship with the indigenous peoples of the
    contiguous 48 States and Alaska. There, either government-to-
    government treaties or the Bureau of Indian Affairs recognition
    process or legislative recognition from this Congress have
    extended self-determination and affirmed relationships.
    Although the difference between those peoples and Native
    Hawaiians is exclusively geographic, such means have simply not
    been either available or exercised in the case of Native
    Hawaiians.
        Nor is the concept of extending Federal recognition to
    Native Hawaiians a new one. The enactment into law in 1993 of
    the Apology Resolution, Public Law 103-150, expressed a
    national commitment to reconciliation efforts between Native
    Hawaiians and the Federal Government.
        Subsequent efforts through the Departments of Justice and
    Interior, as well as the White House Initiative on Asian
    Americans and Pacific Islanders, established by Executive
    orders on a bipartisan basis by both Presidents Clinton and
    Bush, yielded Federal recognition legislation and the inclusion
    of Native Hawaiians in Federal programs and services as top
    priorities.
        For all of these reasons, the time has clearly come for all
    of us to move resolutely into this relationship in order to
    resolve longstanding issues and ensure the survival and
    prosperity of the Native Hawaiian people and culture, and for
    all of us of their special home.
        So in that spirit, for all of us in Hawaii, Mr. Chair and
    committee members, I express my heartfelt appreciation for your
    understanding and leadership, and urge the passage of S. 344.
        Mahalo and Aloha.
        Senator Inouye. Thank you very much, Congressman Case. We
    look forward to working with you, with the hope that someday
    soon we will achieve the goal that we have been seeking for
    many years now.
        Mr. Case. Thank you very much.
        Senator Inouye. Senator Akaka, do you have any questions?
        Senator Akaka. No.
        Senator Inouye. I thank you very much, sir.
        Mr. Case. Thank you.
        Senator Inouye. And now it is my pleasure to introduce and
    to receive the testimony of the congressman from Alaska--no,
    from Samoa, the Honorable Eni Faleomavaega.
        [Laughter.]
        Senator Inouye. I am sorry, sir. The snow just reminded me
    of Alaska. [Laughter.]

    STATEMENT OF HON. ENI FALEOMAVAEGA, U.S. DELEGATE FROM AMERICAN
                                 SAMOA

        Mr. Faleomavaega. Thank you, Mr. Chairman. I am afraid
    Alaska is a little too big for me. I will settle for my little
    islands in the South Pacific.
        Mr. Chairman and distinguished members of the Senate
    Committee on Indian Affairs, I want to thank you for the
    opportunity to testify in support of this proposed bill, which
    I believe will establish a firm foundation and a more defined
    relationship between the Native Hawaiian community and the
    United States.
        I want to say personally also the chairman of this
    important committee to thank him for his sensitivity and the
    outstanding leadership that he has demonstrated over the years
    whenever the question of rights of indigenous peoples of our
    Nation are in question. Over the years, it was my privilege to
    work closely with Chairman Campbell when he was a member of the
    House Interior Committee, before becoming a U.S. Senator.
        I can also sense, Mr. Chairman, that Senator Campbell as a
    Native American himself can certainly appreciate the anger, the
    frustrations, and tribulations that the Native Hawaiian people
    have had to endure for over 100 years now, not only having lost
    their sense of identity as a sovereign people, but not having
    to organize themselves in such a way that this unique
    relationship that they now seek is in accordance with the
    Constitution and Federal laws of the United States.
        I would be remiss if I did not also express my deepest
    appreciation to you, Mr. Chairman, the senior Senator from the
    State of Hawaii, Senator Daniel Inouye, who is currently the
    vice chairman of this committee, and my good friend and
    colleague, Senator Daniel Akaka, for your both outstanding
    service and leadership that you have demonstrated, not only to
    the people of Hawaii who you represent, but especially for your
    sincere efforts to assist the Native Hawaiian people.
        I commend also my colleague and good friend, Congressman
    Neil Abercrombie, for his tireless efforts in addressing this
    important issue for the past several years. I also commend a
    new member of the Hawaii congressional delegation, Congressman
    Ed Case, who I knew when he served as a staffer to the late
    Senator Spark Matsunaga.
        Mr. Chairman, as you are aware, the bill that is now before
    you and the members of the committee is not a new subject
    matter. However, members of both chambers of Congress raised
    certain issues that I believe the Hawaii congressional
    delegation has tried earnestly to resolve. One issue was the
    question of whether or not currently Federal funding for
    decrease in financial needs of Native Hawaiians were to be
    included in the funds specifically allocated for American
    Indians and Native Alaskans. I believe, Mr. Chairman, that this
    important issue was addressed quite adequately by the Hawaii
    congressional delegation in the previous Congress, given the
    fact that proceeds that have been received for the benefit of
    Native Hawaiians were derived from ceded lands that were under
    both the Federal Government and the State of Hawaii.
        It should also be noted that whatever additional Federal
    assistance programs that were provided for Native Hawaiians
    were never taken from the American Indian and Native Alaskan
    funds.
        Mr. Chairman, there are also those who make the argument
    that American Indians are specifically cited under the
    provisions of the Constitution as a sovereign entity, and that
    Congress is directed to conduct commerce and trade with the
    ``Indians,'' but no where in the Constitution does one define
    or find Native Hawaiians as being inclusive in the definition
    of ``Indian.'' To those who make that argument, at this point I
    would like to say that neither was there any mention in the
    Constitution of Native Alaskans. By its mandate from the
    Constitution, the Congress of the United States clearly passed
    Federal legislation to recognize Native Alaskans also as a
    sovereign people.
        Some have argued that if Congress recognizes Native
    Hawaiians in the same way American Indians and Native Alaskans
    are categorized as a sovereign people under the U.S.
    Constitution, that this would violate again the equal
    protection clause of the Constitution. This is clearly not
    true, Mr. Chairman, since Congress by its mandate from the
    Constitution may establish rules and regulations that provide
    for Native Hawaiians as a sovereign people, and may also assist
    Native Hawaiians on how to organize themselves as a self-
    governing political entity in the same manner in which American
    Indians and Native Alaskan tribes are recognized as sovereign
    nations within the context of a government to government
    relationship with both States and the U.S. Government.
        An example that comes to mind is the organization and
    political structure of the Navajo Nation, which is composed of
    some 250,000 Navajos. Considered the most populous of all
    American Indian tribes, ownership of lands and minerals by the
    Navajo encompass four States, including Utah, Arizona,
    Colorado, and New Mexico. I do not mean to suggest that the
    Native Hawaiians adopt the same kind of government structure
    like the Navajo Nation. But out of some 1.2 million who claim
    residency in Hawaii, more than 300,000 are Native Hawaiians and
    tens of thousand more Native Hawaiians reside outside of the
    State of Hawaii.
        This gives me hope and confidence, Mr. Chairman, that
    Native Hawaiians should be given the same opportunity to
    organize themselves as a political entity, and section six of
    the proposed bill gives a step by step approach on how this
    governing entity is to establish itself to be duly recognized
    by the Federal Government.
        Mr. Chairman, I also fully support the provisions of
    sections four and five of S. 344, which seek to establish an
    office within the Department of the Interior and a Federal
    interagency group that periodically will meet to discuss issues
    that address the need of Native Hawaiians and that of the
    Federal Government. I believe it is wise and prudent that
    Native Hawaiian issues need not be included as a subdivision of
    the Bureau of Indian Affairs, given the fact that the BIA is
    tremendously understaffed and overloaded with responsibility of
    trying to administer Federal programs that provide for some 595
    federally recognized American Indian Nations.
        Mr. Chairman, I submit that the vast majority of our fellow
    Americans today are not at all familiar with the history of the
    State of Hawaii, and how these islands ended up being annexed
    as a territory of the United States, and over 100 years later
    now the 50th State of the Union.
        People often think that Californians, Texans, and
    Washingtonians are the same as Hawaiians. The situation becomes
    worse, Mr. Chairman, when visitors from the continental United
    States look upon Native Hawaiians only to perceive them as a
    bunch of Natives dancing with hula skirts and still live in
    grass shacks and play their ukuleles without thought of having
    to work and earn a living to support their families.
        On the contrary, Mr. Chairman, nothing could be further
    from the truth. Native Hawaiian people are one of the most
    educated among all the residents of Hawaii. Native Hawaiians
    have excelled in just about every major profession known in any
    community. Native Hawaiians are trained in the fields of
    medicine, in law, in engineering and physics. There are
    chemists, even pharmacists. Yes, Native Hawaiians are also
    admirals and generals in the U.S. armed forces. Mr. Chairman,
    many Native Hawaiians also fought and died in defense of our
    Nation.
        Mr. Chairman, as members of the polynesian race, the Native
    Hawaiian people are exceedingly proud of their cultural
    heritage. Their cultural roots extend as far south as their
    Maori cousins in New Zealand, and to the other islands of the
    Pacific settled by their cousins the Rapa Nui or Easter
    Islanders, the Tahitians, the Rorotongas, the Samoans and the
    Tongans. For many years before the establishment of the
    Hawaiian Kingdom under the rule of Kamehameha the Great, a
    Hawaiian prophet by the name of Keaulumoku prophesied the day
    would come when the social order and religious rites of the
    Hawaiian people would be completely changed due to their being
    exposed to outside influences from people who come from foreign
    lands.
        Mr. Chairman, that day has come, and I believe the
    provisions of the proposed legislation clearly identifies the
    historical events governing the status of Native Hawaiians. It
    is now up to Congress to make a formal statement as a matter of
    Federal policy that Native Hawaiians should be officially
    declared not only as a trust responsibility of the U.S.
    Congress, but there should also be a distinct historical.
    Although there are distinct historical and cultural differences
    existing among American Indians, Native Alaskans and Native
    Hawaiians, there is a commonality among all three groups, Mr.
    Chairman, and that is they are all indigenous Native
    inhabitants of what we now consider the United States.
        Given this commonality, Mr. Chairman, I also submit that it
    is now time for the U.S. Congress to officially recognize
    Native Hawaiians as a sovereign people with the same rights and
    privileges as American Indians and Native Alaskans.
        I thank the Chairman for allowing me to testify, and I
    would gladly respond to any questions.
        Senator Inouye. I thank you very much, Congressman
    Faleomavaega.
        May I note the presence of our new Senator from the State
    of Alaska, Lisa Murkowski. We are pleased to have you here. We
    miss your father, but I think you are a better replacement.
    [Laughter.]
        Senator Inouye. Now it is my pleasure to call upon our new
    Governor from the State of Hawaii. The last monarch of Hawaii
    was a lady, Queen Lili'uokalani. Our Governor today is a lady,
    Linda Lingle, Governor of the State of Hawaii.
        Governor Lingle, welcome, ma'am.

       STATEMENT OF HON. LINDA LINGLE, GOVERNOR, STATE OF HAWAII
    ACCOMPANIED BY MICAH A. KANE, DIRECTOR, DEPARTMENT OF HAWAIIAN
                               HOME LANDS

        Ms. Lingle. Thank you very much. Senator Inouye, Senator
    Akaka, Senator Murkowski, I want to thank you for inviting me
    to appear before you today at this very important hearing.
        For the record, I am Linda Lingle, Governor of the great
    State of Hawaii, and it really is an honor for me to be here.
        I came to Washington, DC to accomplish two things. One is
    to testify before you on the passage of Native Hawaiian Federal
    recognition; and the second is to convince people in the
    Administration that this was something good for all the people
    in our State.
        Every reporter who has interviewed me on this subject today
    and previous to today has asked me, why did I come in person to
    testify. I want you to know this is the very first time I have
    ever testified before a committee of Congress. I was a mayor
    for 8 years, a council member for 10, and there were many, many
    Federal issues that came up that affected my community, but I
    never felt compelled before to come and speak in person from my
    heart about why a bill before Congress was so important.
        First, I want to thank Senators Inouye and Akaka for their
    perseverance on this issue. I am a johnny-come-lately to this.
    If I am able in any way to help, it is going to be an honor,
    but it should be pointed out that they have taken it through
    the very difficult times when no one understood what this issue
    was, why it was important, or the significance to America. It
    is sort of like they moved the ball down the field methodically
    play after play, and we can see the goal line, and now
    collectively we have got to get this over that goal line.
        We recognize that there are always differences of opinion
    in our approaches to many of the issues that we face, but all
    of us from Hawaii recognize the importance of working together
    in a bipartisan way to achieve the great issues that are
    important to our State. I want everyone in Congress to
    understand that the people of Hawaii are united on this issue.
    In fact, Federal recognition for Native Hawaiians is a plank in
    the Republican Party platform and in the Democratic Party
    platform. I do not know many issues that appear in quite the
    same way in both party platforms.
        So we are united in asking Congress to pass the Akaka bill
    into law, thereby reaffirming the political relationship
    between the United States and the indigenous people of Hawaii.
        The people of Hawaii respectfully submit that this is a
    matter of simple justice. I have heard the arguments against
    the bill, as have you, or against the concept of Federal
    recognition. I have heard some people say that it is race-based
    and that it is favoring one group over another. In fact, it is
    just the opposite. It is ending decades of discrimination
    against one group of indigenous people. Alaska Natives,
    American Indians, who we admire and we respect and who are
    indigenous to our country, have recognition. It is only Native
    Hawaiians, they are the only indigenous people who have not
    been so recognized. So it is the opposite of discriminating
    against others. It is ending discrimination against the
    indigenous people of Hawaii.
        I have heard the claim that it would bring gambling. There
    is a concern about gambling. All of us from Hawaii know that
    this is not an issue. Senator Inouye, Senator Akaka, and myself
    have always been against gambling in Hawaii. The Native
    Hawaiians have never enunciated a desire for legalized
    gambling. That is true today and it has always been true, and
    it would be true with the enactment of this bill.
        Finally, I have heard that this bill would be divisive
    somehow. It is the opposite of that. Again, justice cannot be
    divisive, and that is all this is, it would bring justice to an
    issue and to a people and to a State.
        I have spent the last two days talking with the Attorney
    General John Ashcroft; talking with Gale Norton, the Secretary
    of the Department of the Interior and people on her staff;
    talking with officials in the White House about why this is
    important. I want to stress again, I feel that Senators Akaka
    and Inouye have worked for so many years on this issue that
    they deserve the credit for bringing this to this point. If,
    through bipartisanship, we can play a small role and get people
    to see things in a way they have not before or to see things
    for the first time, then it is just an honor to play a small
    part.
        When we leave Washington, not only will we be a lot warmer,
    but we will have to get very focused on the follow-up that will
    be necessary to see this through to completion. I feel in the
    past two days myself, my chief of staff Bob Awana, Micah Kane,
    our Director of the Department of Hawaiian Home Lands and
    others in our party--I feel we have laid a good foundation, a
    foundation of knowledge, and I hope of opening some doors, but
    I think it is only the foundation. Whether we are to achieve
    our final goal will be determined by the follow-up that we do
    when we leave Washington, DC I want you to know that although
    we are here in person today to speak and we have been speaking
    to others for the last 2 days, we feel this is just the
    beginning of our role, that we need to follow this every day,
    all day, until we can bring this to completion.
        I want to thank the Senators who are here this morning, and
    I want to thank their staffs because we all know that the
    staffs play a key role. They do for me as a Governor, and when
    I am dealing with your offices the staffs have been tremendous
    to us, and I appreciate their help.
        I look forward to continuing to work with you, Senator, on
    this matter, and I am more optimistic than I was before I came
    a few days ago. I am hopeful, but not over-confident, because I
    know that there is a lot of work ahead, and I will look forward
    to working with you, trustees from the Office of Hawaiian
    Affairs, and the people at home, to make sure that this matter
    of justice, this significant, but pure and simple matter of
    fairness gets resolved to the benefit of the Native Hawaiians
    and all the people of Hawaii, and to the integrity of the
    United States of America.
        Thank you very much.
        [Prepared statement of Ms. Lingle appears in appendix.]
        Senator Inouye. Thank you very much, Governor Lingle. We
    are most grateful for your very gracious statement. It will be
    very helpful.
        Do you have any statement to make, Mr. Kane?
        Mr. Kane. No; not at this time, but I will save my comments
    for my testimony.
        Senator Inouye. Then Governor Lingle, may I ask one
    question?
        Ms. Lingle. Yes, sir.
        Senator Inouye. In your statement, you alluded to spending
    2 days in this Nation's Capital meeting with officials. If it
    is possible, can you provide us with some report on the outcome
    of your meetings with the Attorney General and with the
    Secretary of the Interior? I am certain all of us here would be
    most happy to learn your achievements. We have heard some great
    things.
        Ms. Lingle. I believe ``achievement'' may be overstating
    the case, Senator, but I do think we opened some doors and laid
    some foundation. I was quite surprised that the Attorney
    General really was not very aware of this issue, had not
    established a position. He took a lot of notes during our
    conversation. There were about eight of us in on that meeting
    just from our side, and then a couple of his staff members. He
    asked questions, he took notes, and he pledged a willingness to
    discuss this issue and that he would look into it further. I
    think that summarizes what his feeling was about it.
        The Department of the Interior, we talked on two levels,
    one in brief conversation with the Secretary. I believe she has
    a number of issues, and I believe we can address them. Some
    specific questions that she was asking, I would say generally
    my impression is that she would like to see more definitiveness
    in certain aspects of what this bill would do. Her staff I
    would say is very helpful and cooperative, and working through
    the various issues with us. So I felt a lot of support coming
    from Interior, but still some questions remaining.
        Senator Inouye. I thank you very much, Governor.
        Senator Akaka.
        Senator Akaka. Thank you very much, Mr. Chairman.
        Governor Lingle, mahalo for your statement and for your
    support, and thank you for bringing your staff here. I am so
    happy as I look out and see all the leis, and not only leis,
    but the faces of Hawaii here with you. I want to say mahalo for
    bringing Micah Kane with you, and also Darryl Yagodich. I also
    want to say that the relationships we have had in days past
    have been good. They certainly represent you and the State of
    Hawaii very well.
        I commend you for appointing such a diverse cabinet, which
    features many Native Hawaiians. I continue to have discussions
    with my colleagues about the diversity of the people of Hawaii.
    I have shared with them the overwhelming support among all of
    Hawaii's citizens for efforts to preserve Native Hawaiian
    traditions and culture.
        So my simple question to you is, would you agree that the
    people of Hawaii have a special respect for Native Hawaiian
    culture?
        Ms. Lingle. I certainly would, Senator, and I would go a
    little further than that. Not only do all people in Hawaii
    respect Native Hawaiian culture, it is the foundation of our
    State. It is what makes Hawaii, Hawaii. Whether you were born
    and raised in Hawaii or you came from another country or
    another State, it is very quickly that you recognize that we
    are in a very unique place, made unique because of the Native
    Hawaiian people and their culture, and their willingness to
    share it with the rest of us. So I would agree with you that
    all people of Hawaii respect and admire and our thankful for
    the Native Hawaiian culture.
        Senator Akaka. I also want to, in mentioning names, commend
    you for also bringing your great staff, Bob Awana, your chief
    of staff, and also Randy Roth and also the LG's counsel, Robert
    Piper, here.
        The Hawaii State legislature, as I mentioned in my
    testimony, has passed two current resolutions in support of
    Federal recognition for Native Hawaiians. I am just asking what
    you know about this, has there ever been any change in the
    State legislature's position?
        Ms. Lingle. Senator, I believe that the legislature will
    again pass unanimously a resolution in support of this bill. I
    expect anytime this issue arises, it will be one of the only
    issues that the legislature perhaps can support in a unanimous
    fashion.
        If I could request just a moment of indulgence to mention a
    couple of other people who are with me, Senator. Would that be
    all right?
        Senator Akaka. Absolutely.
        Ms. Lingle. Because we really have applied a team concept
    to this, each one of us doing what we do best. I would like to
    recognize my Senior Adviser for Communications Lenny Klompus,
    who has done a good job here at the national level, helping me
    to get this issue out before the public. I have been
    interviewed by Dave Broder of the Washington Post. I am in New
    York the rest of this week talking with other national media,
    talking about this and other issues as it relates to Hawaii.
        I also want to mention a volunteer who is with me today,
    but who has been significant in our ability to move here in
    Washington. She is the National Committeewoman from the State
    of Hawaii for the Republican Party, Miriam Hellreich. She has
    been a tremendous asset to us. She is here in the audience and
    cares very deeply about this bill as well. So again, we want to
    apply a team concept within my office, as well as between my
    office, the Office of Hawaiian Affairs, and of course your own
    offices here.
        Senator Akaka. Thank you for mentioning them also. Let me
    further mention that we have here with us Tony Sang, who has
    joined you as the chairman of the State Council of Hawaiian
    Homestead Association, and Robin Danner, who is the vice
    chairperson. We are delighted to have you.
        Senator Inouye. Thank you, Senator Akaka, and thank you
    once again, Governor Lingle.
        Before I ask for the next witness, we have questions that
    have been submitted by the Chairman of the committee. If I may,
    I would like to submit them to you for your response.
        Ms. Lingle. Yes.
        Senator Inouye. Thank you very much.
        Thank you very much, Mr. Kane. We also have a question for
    you, if you will respond to that.
        Mr. Kane. Absolutely.
        Senator Inouye. Before I call upon the next witness----
        Mr. Kane. I am sorry, Senator. I apologize if I did not
    communicate it, but I would like to testify, if I may.
        Senator Inouye. Please.
        Mr. Kane. Thank you.

    STATEMENT OF MICAH KANE, DIRECTOR, DEPARTMENT OF HAWAIIAN HOME
                         LANDS, STATE OF HAWAII

        Mr. Kane. Hello, Senator Inouye, Senator Akaka, and other
    committee members that may be viewing this hearing today.
        My name is Micah Kane. I am the Director of the State
    Department of Hawaiian Home Lands, here today to show support
    of this measure.
        The Department of Hawaiian Home Lands was established by an
    act of Congress. In the early 1900's, Congress recognized the
    hurt of our culture and the near-extinction of our culture, and
    set aside over 200,000 acres for the purpose of rehabilitating
    Native Hawaiians through homeownership and land stewardship. We
    know this act as the Hawaiian Homes Commission Act of 1920. I
    am managed by a nine-member commission of which I serve as the
    chairman. I am appointed by the Governor, serve in her cabinet,
    and am confirmed by the State legislature.
        While that relationship state-to-state exists, the act
    requires oversight by the Department of the Interior, so I have
    a direct relationship with the Department of the Interior. This
    relationship government-to-government has been in place for
    over 80 years, and it is stronger now than it ever has been.
        Today, more than 7,000 families reside on our lands, over
    22,000 people, Native Hawaiians, throughout 30 communities and
    associations throughout our islands and our counties--
    communities that have been established, that have democrat
    elections, that come before our Commission to represent their
    communities.
        Senator Akaka, I want to thank you for recognizing two very
    important people to my Department and to our Commission, and
    that is our State chairman for our Statewide association, Uncle
    Tony Sang and his Vice Chairman, Robin Danner. I think it is an
    incredible statement for them to come this distance and it
    shows the importance of this issue to our community.
        As our Governor has so eloquently stated, the support of
    this issue is broad and it is deep. She mentioned the
    recognition of Native Hawaiians and the support of recognition
    in both of our party platforms, as well as the recognition of
    Native Hawaiians in our national platforms; unanimous support
    by our State legislature; and our entire congressional
    delegation; but also most importantly for me, our homestead
    communities.
        Many people, at least over my short tenure in trying to get
    involved in this dialog, have spoken very passionately about
    the social impact that our department has and other
    departments, as well as the economic impact from a program
    standpoint on the Federal funding that has occurred over the
    years. I do not want to take away the importance of that, but
    if we set aside that issue, very few people I think recognize
    the indirect impact recognition would have on our economic
    situation back home.
        The Akaka bill would begin to eliminate the legal problems
    and uncertainties that have adversely affected our economies,
    like a silent but pretty effective means of shutting down some
    economic arenas for us. These are issues related to property
    title, ceded lands, and rights to natural resources like water
    and minerals. This process would begin the healing and defining
    of these issues.
        Risk of doing nothing puts us back into the courts, puts
    our department in the position of dedicating over thousands of
    hours of manpower hours and millions of taxpayer dollars toward
    defending Native Hawaiian rights and letting the courts define
    what those rights should be. By moving this bill forward, it
    would have, I believe, a significant impact on allowing our
    State to move forward.
        Last, I would like to touch on the effort today on behalf
    of this delegation. As the Governor has said, we are a johnny-
    come-lately. However, I believe past efforts have been defined
    by and framed by challenges to our constitution. I think they
    have been improperly framed by plaintiffs who have challenged
    our department and the constitutionality of our department. I
    believe our effort here today has given us an opportunity to
    step back and re-frame the issue as an issue of justice, as an
    issue of equality, as an issue of States' rights, and simply
    doing what is right.
        All the people of Hawaii are not afraid of this process. We
    are not fearful of this process. We embrace it. It is a great
    time for all the people of Hawaii. It is clearly a great time
    for all the Native Hawaiians. More Hawaiians serve in our
    Governor's cabinet than at any time in the history of our
    State. I think it shows the resilience of the Hawaiian people,
    and it shows that programs like the Department of Hawaiian Home
    Lands are working, by our presence here today.
        I would like to thank Sheriff Holiona for the support she
    has given me during this process, as well as all of the other
    Native Hawaiian leaders during this transition period. I would
    like to thank our Governor for her support.
        On behalf of my department and our constituents, again I
    want to express our support for this measure and the
    opportunity to testify before you today.
        Thank you.
        [Prepared statement of Mr. Kane appears in appendix.]
        Senator Inouye. Mr. Kane, I thank you very much, not just
    for the testimony, but your mere presence here at this
    gathering, because your presence is symbolically very
    important. In 1920, when the Hawaiian Homes Commission Act was
    enacted into law, it was a most definitive manner in which the
    United States demonstrated that there was a special
    relationship between the government of the United States and
    the Native people of Hawaii.
        When Hawaii became a State in 1959, one of the provisions
    in the Admissions Act was to transfer authority for the home
    lands to the State. However, they left one clause in there,
    that says if the State of Hawaii should make changes that would
    affect the trust or the beneficiaries of the trust, it would be
    subject to approval by the Congress. That indicates to me that
    the U.S. Government is still involved in this special
    relationship. So your presence here is extremely important.
        I just have one question.
        Mr. Kane. Yes, sir.
        Senator Inouye. If this measure is not considered and
    passed, what do you think may be the outcome?
        Mr. Kane. In the short term, it challenges our department
    daily. There is not a day that goes by that I am not spending
    time defending our right to exist. We spend countless manpower
    hours trying to do what is right, to continue what the Act set
    us out to do. So in the short term, it is a tremendous amount
    of time and a tremendous amount of taxpayer money being
    dedicated to something that we believe should be done already.
    In the long run, it challenges the existence of our department.
    I cannot imagine being in the position I am in today, wondering
    what the 22,000 constituents I represent would do being removed
    from the land. I think it is very deep and far-reaching.
        Senator Inouye. In other words, we have only one option--
    success.
        Mr. Kane. Yes, sir.
        Senator Inouye. Governor Lingle, once again may I thank you
    very much for your gracious statement, and may I assure you and
    pledge to you the complete support and cooperation of the
    Hawaii congressional delegation.
        Ms. Lingle. Thank you very much, Senator.
        Senator Inouye. Thank you very much.
        Before I call upon the final witness, may I note that we
    have in the audience four Alaskan Native leaders--the President
    of the Alaska Federation of Natives, Ms. Julie Kitka, is here;
    the President of the Arctic Slope Native Corporation, Oliver
    Levitt is here; the President and CEO of Sealaska Native
    Corporation, Chris McNeil is here; and one of the great Alaska
    Native Leaders, Willie Hensley is here. I, on behalf of the
    committee, thank all of you for your presence and your support
    of this measure.
        Now, I would like to call upon the chairperson of the
    constitutionally-recognized entity that represents Native
    Hawaiians in Hawaii, Haunani Apoliona.
        Ms. Apoliona. Aloha.
        Senator Inouye. Thank you very, very much. Madam Chair,
    before you proceed, I know there are other trustees of the
    Office of Hawaiian Affairs here. May I just recognize them?
    Trustee Colette Machado, Trustee Dante Carpenter, Trustee
    Oswald Stender, Trustee John Waihee, IV, and Trustee Boyd
    Mossman. Unfortunately Trustee Rowena Akana cannot be with us.
    She is in Washington, but she had a matter of great importance
    to attend to. We have former Hawaii Supreme Court Justice Klein
    here with us, and we have Tony Sang, the president of the State
    Council of Hawaiian Homestead Associations, and Charles Rose,
    president of the Hawaiian Civic Clubs.
        Now, it is my great pleasure and privilege to call upon the
    Honorable Haunani Apoliona.

    STATEMENT OF HAUNANI APOLIONA, CHAIR, BOARD OF TRUSTEES, OFFICE
                          OF HAWAIIAN AFFAIRS

        Na `Oiwi `Olino

        E o e na `oiwi `olino `ea
        Na pulapula a Haloa ea
        Mai Hawai`i a Ni`ihua `ea
        A puni ke ao malamalama `ea e

        Ku e au i ka hewa, ku`e!
        Ku au i ka pono, ku!
        Ku`e au i ka hewa, ku`e!
        Ku au i ka pono, ku!

        Answer, O natives, those who seek knowledge
        The descendants of Haloa
        From Hawai`i island in the east to Ni`ihau in the west
        And around this brilliant world

        I resist injustice, resist!
        I stand for righteousness, stand!
        I resist injustice, resist!
        I stand for righteousness, stand!

        Ms. Apoliona. Mahalo, Senator Inouye and Senator Akaka,
    members of the U.S. Senate Committee on Indian Affairs, members
    and staff, aloha.
        I would also like to extend our greetings to our ohana from
    the north and to our ohana across the other 48 States of this
    Nation. And of course, aloha to Representative Case,
    Faleomavaega, Governor Lingle, Chairman Kane, and all those who
    come in support of Federal recognition for Native Hawaiians.
        I am Trustee Haunani Apoliona, chairperson of the Board of
    Trustees of the Office of Hawaiian Affairs. I am pleased to
    highlight briefly some points made in the full text of my
    testimony, and I ask that the official record of these
    proceedings reflect my complete testimony submitted earlier.
        Before I proceed any further, Senator, you were gracious
    enough to introduce our Trustees and our Board Counsel, Robert
    Klein and Charles Rose, president of the Association of
    Hawaiian Civic Clubs. I would also like to take a moment to
    introduce our staff who have traveled with us from Hawaii--
    Clyde Namu'o, our administrator, his administrative staff, Nani
    Lee, the woman who sealed the vote with the chairman of this
    committee; and Peter Yee. And also to introduce finally our
    staff from the Office of Hawaiian Affairs who has just recently
    helped us to establish our Washington, DC bureau here at
    Connecticut Avenue, partnering with the National Congress of
    American Indians, and that is our staff of the Washington, DC
    bureau of the Office of Hawaiian Affairs, Martha Ross.
        Let me begin my comments as is customary by addressing you
    in our traditional language.
        E na alaka`i a me na lala o keia Komike o na Kuleana
    `ilikini o ka `Aha`olelo Nui o `Amelika Hui Pu `ia, aloha mai
    kakou. He loa ke ala i hele `ia e makou, na `oiwi `olino o
    Hawai`i, a he ala i hehi mua `ia e na ali`i o makou, e la`a, o
    ka Mo`i Kalakaua, ke Kamali`iwahine Ka`iulani a me ka
    mo`iwahine hope o ke Aupuni Mo`i Hawai`i, o ia ko makou ali`i i
    aloha nui `ia, o Lil`uokalani. A he nui no ho`i na Hawai`i,
    kunou mai ai i mua o oukou e nana pono mai i ke kulana o ka
    oiwi Hawai`i, kona nohona, kona olakino, ka ho`ona`auao a pela
    wale aku.
        Ua pono ka helena hou a makou nei a loa`a ka pono o ka
    `aina, ke kulaiwi pa`a mau o ka lahui `oiwi o Hawai`i pae`aina,
    o ia wale no ka Hawai`i. No laila, eia hou no ka oiwi `olino
    Hawai`i he alo a he alo, me ka `Aha`olelo Nui.
        To the leaders and members of this Committee on Indian
    Affairs of the U.S. Congress, greetings. Long has been the road
    traveled here by Native Hawaiians who dearly embrace wisdom and
    justice. Indeed, a path tread upon by such royal nobility of
    our past such as King Kalakaua, Princess Ka'iulani and our
    beloved last ruler of the Hawaiian Kingdom, Queen
    Lili'uokalani. And still countless other Native Hawaiians who
    have humbled themselves before this body for your consideration
    on such critical Native issues as housing, health, education.
        Again, we come before you urging consideration and
    affirming the rights of Native Hawaiians as the sole indigenous
    people of our ancient homeland, Hawaii. We come together again
    face to face, Native Hawaiians and the Congress of the United
    States of America.
        The United States has a unique legal and political
    relationship with the indigenous people of Hawaii, and that
    relationship is embodied in a myriad of history, treaties,
    statutes, Executive orders and court decisions. Once again, the
    congressional delegation from the State of Hawaii seeks, with
    the assistance of many of their colleagues, to achieve a formal
    recognition of the special status the indigenous people of
    Hawaii have in the fabric of American political relationships.
        The Office of Hawaiian Affairs supports therefore the
    intent and framework of S. 344, and its companion in the House
    of Representatives, H.R. 665. As stated in our more complete
    testimony, I would like to testify a few of the points made.
        First, the relationship between the United States and the
    State of Hawaii and Native Hawaiian people is a matter of
    written record. Congress itself provided a factual account of
    the illegal overthrow of 1893, and the annexation of 1898, in
    the Apology Bill, Public Law 103-150, passed in 1993. We have
    in our testimony provided additional history, cultural
    insights, and legal citations for your consideration.
        Reconciliation, described as a desired outcome of the
    passage of Public Law 103-150, and recognition for Native
    Hawaiians recommended in the October 23, 2000 joint report of
    the Department of the Interior and Department of Justice
    entitled Mauka to Makai: The River of Justice Must Flow Freely.
    Thus far, the recommendations have been denied Native
    Hawaiians.
        Our centuries-old culture, society, history, language,
    relationships and spiritual traditions flourished in the
    Hawaiian archipelago before the first Western contact, and live
    on today despite over two centuries of contact with the West,
    despite more than a century of domination by an alien culture,
    and despite the threat of assimilation and cultural genocide.
    Our traditional practices recognized by the State of Hawaii
    deserve recognition and protection from the Federal Government
    as well.
        The inseparable connectedness between Native Hawaiians and
    our natural environment, the land, ocean, plant and animal
    life, goes far beyond the Western ideology of a market economy.
    A ancient cosmogonic chant of creation known as the Kumulipo or
    ``source from the dark'' teaches the sibling relationship of
    all forms of life in the universe. This relates directly to our
    interconnectedness and interdependence with the land and our
    concept of malama aina, or care for the land.
        Hawaiian recognition is about fairness and justice. The
    right of self determination has been extended to the indigenous
    people of every State in this union, save one, Hawaii and the
    Hawaiians. S. 344 and its House companion, H.R. 665 are
    initial, but significant steps on the path toward reconciling
    historic wrongs to Hawaiians, and advancing Hawaiians through
    Federal recognition toward a political relationship with the
    United States of America.
        While Hawaiian ali`i, monarchs such as Queen Lili'uokalani,
    worked nearly alone in trying to gain the attention of
    congressional leaders in the 19th century in pursuit of
    reconciling the history of our people, Native Hawaiians in the
    21st century are joined by other citizens and indigenous people
    in this country who stand with us in our pursuit of Federal
    recognition and reconciliation. For this, we are grateful.
        Indeed, we do not stand alone. We stand with the two other
    indigenous peoples of America and we appreciate their support.
    Federal policy on self-determination and self-governance
    currently extends to Alaska Natives and American Indians.
    Native Hawaiians, the third indigenous people in these 50
    States, seek parity in inclusion.
        No laila, eia makou ma ka palena pau o keia noi ha`aha`a a
    ha`aheo, e ho`olohe mai a e nana mai i ka `ike a me ka maopopo
    pono o kulana `oiwi o ka Hawai`i i kona `aina kulaiwi mai ke au
    kahiko loa a ka wa pau `ole. He pono keia `olelo i mua o `oukou
    i `olelo i `oleo `ia me ka ikaika a me ka mana a me ke aloha o
    na kupuna i hala, na Hawai`i he lehu o keia au a me na hanauna
    e puka a'e ana no. Mahalo nui, ke aloha no.
        Therefore, as I approach the conclusion of this humble, yet
    cherished testimony, I ask that you listen and look upon us
    with wisdom and understanding on the status of the Native
    Hawaiians in our ancient homeland.
        What is said to you is offered in truth and is uttered with
    the strength and power and love of our forebears, our
    ancestors, our nearly 400,000 Native Hawaiians in Hawaii and on
    the continent, and generations hence.
        We appreciate the opportunity to present this testimony,
    and we ask for your positive consideration of S. 344.
        Mahalo.
        [Prepared statement of Ms. Apoliona appears in appendix.]
        Senator Inouye. I thank you very much, Chair Apoliona. I am
    certain all of us realize, as Chairman Campbell indicated, that
    the measure before us is the result of seven hearings. One of
    those hearings was held in August 2000 in Hawaii, and lasted
    for 5 days. I am certain some of you recall that hundreds of
    Native Hawaiians presented testimony, both oral and written.
        We are hoping that this measure, with amendments if such be
    necessary, will soon be forwarded to the executive for his
    signature. This is an important measure, and as a result we
    will keep the record open until March 20. If any of you wish to
    review your testimony and make addendums; if any of you wish to
    correct your statements, please feel free to do so. If there
    are those who wish to submit statements, you are free to do so,
    but we would like to receive them before March 20.
        There are several milestones that have had some important
    impacts upon the Native people of Hawaii. The first was in 1778
    when the Western world came to Hawaii with the so-called
    discovery of the islands by Captain Cook. Next, was the
    overthrow of Queen Lili'uokalani in January 1893. History shows
    that this was done with the cooperation of the minister of the
    United States and the use of the U.S. Marines.
        Then in 1921, the Hawaiian Homes Commission Act became law,
    thereby officially recognizing that there was a special
    relationship between the United States and the Native people of
    Hawaii. On August 21, 1959, came Statehood, but even with
    Statehood that relationship continued. On November 23, 1993,
    the apology resolution was enacted into law.
        The last milestone, the most important, will be the one
    that is incorporated in this measure. I believe that though it
    may have been a long path, as you have pointed out, Chairperson
    Apoliona, it will become a reality. I look forward to working
    with you and Governor Lingle and with all of you assembled
    here. Senator Akaka and I pledge to you our full support and we
    are certain that this time we will make it, because we have no
    other option. If we do not make it, it will be disaster for the
    Hawaiian homesteaders and for all the many programs that we
    have, whether it be in education, health or housing. This is a
    must.
        Senator Akaka.
        Senator Akaka. Thank you very much, Mr. Chairman.
        Mahalo for your testimony, Chairman Apoliona. I also want
    to welcome the other trustees who are here and were introduced
    by the chairman. I also want to welcome Clyde Namu`o of your
    staff, Nani Lee, and Peter Yee, and also Justice Klein, who are
    with you this morning, and the DC Bureau Chief, Martha Ross.
        I also want to say mahalo for coming and welcome to our
    brothers and sisters the Alaska Natives--Julie Kitka and Willie
    Hensley, Oliver Levitt and Chris McNeil. Thank you folks so
    much for your strong support over the years. I want you to know
    that we appreciate it.
        Also, I see in the audience the friendly and great leader
    of our Association of Hawaiian Civic Clubs, Charlie Rose who is
    here with us. And others of you here, I want to say mahalo for
    coming and supporting us and supporting the passage of this
    bill.
        I also want to echo the chairman that we appreciate your
    support and we want to continue to work with you and we are
    certainly doing all we can to help Native Hawaiians and the
    people of Hawaii in reaching out and raising our levels of
    support, not only for Hawaii, but for our country and even the
    world.
        So mahalo nui loa. Thank you very much, Mr. Chairman.
        Senator Inouye. Chairperson Apoliona, I just have one
    question before we leave. I note the presence of Alaskan
    leaders here, and at this moment the National Congress of
    American Indians is having their national convention, and they
    send their regrets that they could not be here, otherwise they
    would have been here en masse.
        You have had a long relationship with Alaska Natives and
    American Indians. Why do you think Hawaiians enjoy such strong
    support from Alaska Natives and Native Americans?
        Ms. Apoliona. Having had the opportunity to actually be in
    this hearing room when we gathered as Native people in the
    middle of the year last year, in honor of our country and the
    contributions of our Native people, it became clearer to me
    then that the effort for Hawaiian recognition is truly a
    priority for Alaska Natives and American Indians because we are
    all indigenous people.
        It is sometimes far beyond words when we can reach into our
    own history and genealogy and know that we share the same
    values of family and protection of our environment and our
    respect for creative forces. We as indigenous people, Native
    Hawaiians, Alaska Natives, and American Indians, share that
    common tradition. It is that bond of spirit, and our spiritual
    traditions, that tie us.
        The expressions in my reflection of 2001 and opportunities
    since then have only underscored for me and all of us who have
    opportunities to work with our Alaska Natives and American
    Indians, that they are truly committed. Like in any family, we
    look to and care for the `ohana [extended family], and they
    look to and they are caring for us.
        This is an honor to be here, and to be in the presence of
    our Native leaders, for if they did not care and they did not
    feel and they did not honor our tradition, they would not be
    here. They are here and they bring us great honor by their
    presence.
        Mahalo.
        Senator Inouye. I thank you very much. As we all know, we
    are now in a very challenging moment in our lives. It has been
    said that at any moment we may be at war in Iraq, which reminds
    me that since World War II, in Korea, in Vietnam, in Desert
    Storm, on a basis of per capita representation, more Native
    Americans, including Hawaiians, have put on the uniform and
    placed themselves in harm's way on behalf of the people of the
    United States than any other ethnic group. I think we should
    always remember that, that the Natives of this land more
    eagerly volunteered to serve this country--a country that has
    not always been generous, that has not always been
    understanding, that has not always been sensitive to their
    needs.
        So with that, I would like to adjourn the hearing and thank
    all of you, the witnesses. Thank you very much.
        [Whereupon, at 11:05 a.m., the committee was adjourned, to
    reconvene at the call of the Chair.]
    =======================================================================

                                A P P E N D I X

                                  ----------

                  Additional Material Submitted for the Record

    =======================================================================

        Prepared Statement of Micah Kane, Director, Hawaiian Home Lands

        Aloha mai kakou Chairman Campbell, Vice Chairman Inouye, Senator
    Akaka, and honorable members of the Senate Committee on Indian Affairs.
    My name is Micah Kane and I am the director of the State of Hawaii's
    Department of Hawaiian Home Lands. Mahalo for this opportunity to
    appear before you today to testify in support of S. 344, commonly known
    as the Akaka bill.
        The Department of Hawaiian Home Lands is the agency within our
    State government that administers the Federal trust lands created by
    Congress more than 80 years ago under the Hawaiian Homes Commission Act
    of 1920. This act set aside more than 200,000 acres of land for use by
    Native Hawaiians. Currently, over 20,000 Native Hawaiians live on these
    lands, in more than 30 different communities, on almost every island in
    the state. An even larger number of qualifying Native Hawaiians remain
    on a waiting list--hoping for their opportunity for home ownership and
    land stewardship.
        With me today, are Uncle Tony Sang, the chairman of the State
    Council of Hawaiian Homestead Associations [SCHRA] and Robin Danner,
    his vice chairman. These two individuals represent and work daily on
    behalf of real people, in real communities, and they do it very well.
    They are just the tip of the iceberg. There are many more Native
    Hawaiians who selflessly work for the betterment of our people.
        My remarks today will focus on just three [3] issues. First--where
    the support for this bill is coming from. Second--the economic
    realities of this measure. And third--the practical reasoning which
    supports the passage of this bill.
        First, there is broad and deep support from Hawaiian and Non-
    Hawaiian communities alike, and Republican and Democrat party lines.
    Our entire congressional delegation supports this measure and Governor
    Lingle has made its passage a major objective of her administration. It
    also is backed by resolutions passed by the Hawaii State Legislature,
    the National American Indian Housing Council, the National Congress of
    American Indians, and the Alaska Federation of Natives, and it has been
    included in the national and Hawaii platforms for the Republican and
    Democratic parties. Most importantly to me, the homestead communities
    to which I am accountable also support this measure. In short, the
    Akaka bill is supported by the people most directly affected by it, and
    also by people with no vested or common interests other than a desire
    to see justice done.
        Second, the Akaka bill would eliminate legal problems and
    uncertainties that have adversely affected the Hawaii economy. These
    troubling and unsettled issues relate to property title, ceded land
    claims, and rights to natural resources. Without Federal recognition of
    Native Hawaiians, the State of Hawaii will spend thousands of
    unnecessary man-hours and millions of taxpayer dollars defending and
    clarifying Native Hawaiian rights. Enactment of the Akaka bill would
    bring closure and allow our state to move forward.
        Third, the Akaka bill simply completes a journey that Congress
    began many years ago. There are over 150 statutes passed by Congress
    which address the conditions and lives of Native Hawaiians. The goal
    has been to redress past wrongs and to empower self-help. I would
    humbly submit that passage of this bill rightfully extends the
    successes of our country's era of self-determination for its native
    peoples to Native Hawaiians. It would allow us to control our destiny
    as a native people and thus to participate more fully and more proudly
    as Americans.
        In closing, I would like to thank Senator Inouye, Senator Akaka,
    and the rest of Hawaii's Congressional Delegation for their long-
    standing commitment to the fight for self-determination for the
    Hawaiian people. I would also like to acknowledge the efforts and
    leadership of all Hawaiian organizations, including the Office of
    Hawaiian Affairs, who continue to dedicate themselves and to persevere
    in their work to achieve the goal of Federal Recognition.
        I also want to publicly thank Governor Lingle for including so many
    Native Hawaiians in her administration. By doing so, she has empowered
    and challenged us to use our talents to improve the lives of all the
    people of Hawaii. We are humbled by the trust she has placed in us, and
    we fully recognize the responsibility that comes with the opportunity
    to serve others.
        And finally, I thank you, the members of the Senate Committee on
    Indian Affairs, for your past and present efforts in ensuring that the
    profound American notions ofjustice, fairness, and equality are not
    only spoken to Native Hawaiians, but are preserved and brought to life
    for us. Once again, mahalo nui loa.
                                     ______

              Prepared Statement of Linda Lingle, Governor, Hawaii

        Good Morning Chairman Campbell, Vice Chairman Inouye, and members
    of the Senate Committee on Indian Affairs. Thank you for inviting me to
    appear before you. For the record, I am Linda Lingle, Governor of the
    great State of Hawaii, and I am honored to be here.
        I come before you today to express my support for passage of the
    Native Hawaiian Federal Recognition Bill, which is known throughout
    Hawaii as the Akaka bill. My administration and both houses of the
    Hawaii State Legislature believe this is the right thing to do--for
    Native Hawaiians, for the State of Hawaii, and for the United States.
        Native Hawaiians are an important constituency in our State for
    many reasons. The Native Hawaiian culture is the foundation of the
    character of the State of Hawaii, and the basis for common
    understanding among our varied ethnic populations. Our very identity as
    a State is founded on Native Hawaiian values, cultural practices and
    knowledge. Their willingness to share that knowledge and understanding
    has enriched all who call Hawaii home. We have learned much from Native
    Hawaiians, and have much more to learn.
        As a Republican Governor, I am happy to be working in close harmony
    with our Hawaii Democratic Congressional Delegation on this critically
    important issue. Senator Inouye, Senator Akaka, Representative Case,
    and Representative Abercrombie stand united in their support, and I
    proudly stand with them, along with the Hawaii State Legislature.
        We recognize that there will be differences of opinion in our
    approaches to many of the challenges we face, but we also recognize the
    value of aloha and working in a bi-partisan manner to resolve issues of
    great importance to the people of our state. The people of Hawaii have
    voiced their support on this issue in many ways. For example, both
    Republicans and Democrats in Hawaii have supported Federal recognition
    for Native Hawaiians in party platforms.
        We are united in asking Congress to pass the Akaka bill into law,
    thereby reaffirming the political relationship between the United
    States and the Indigenous people of Hawaii. This bill is vital to the
    survival of the Native Hawaiian people; it is vital to the continued
    character of our State; and it is vital to providing parity and
    consistency in Federal policy for all Native peoples in America.
        As public-policymakers, all of us in this room believe deeply in
    the goodness of our great country, and in the strength of its
    democratic ideals.
        America's Indigenous Peoples are America's First Peoples, and
    American Indians of the 48 States, Alaska Natives of the 49th State,
    and Native Hawaiians of the 50th State have demonstrated their love for
    this country and made contributions that all U.S. citizens can be proud
    of Indeed, our Federal Government owes our First Citizens a great debt
    of gratitude.
        We policymakers owe it to ourselves to live up to the promise and
    power of Democracy and Justice for All, and to continue our journey by
    recognizing the inherent rights of the Indigenous Peoples of our
    country.
        There have been many eras of Federal policy toward Native Peoples
    over the centuries--none so promising as the current one of self-
    determination and self-governance that has already been extended to
    American Indians and Alaska Natives.
        It is time to set a new course in Hawaii. Specifically, it is time
    to extend this Federal policy of self-determination and self-governance
    to the Native Hawaiian people.
        The people of Hawaii respectfully submit that simple justice
    requires that Native Hawaiians be empowered to determine their own
    future by employing their own solutions. I am confident that they will
    rise to the challenge.
        I have found an abundance of talent, energy, and a love of
    democracy among members of the Native Hawaiian community, including
    many who serve in my administration. Bob Awana is my chief of staff and
    Micah Kane heads the Department of Hawaiian Home Lands. Dr. Chiyome
    Fukino left a successful medical practice to serve the larger community
    of Hawaii as Director of the Department of Health. Georgina Kawamura
    serves as our Director of Budget and Finance. Rick Bissen runs the
    attorney general's office as first deputy, and Kathy Watanabe heads our
    Department of Human Resources and Development. James Aiona is Hawaii's
    Lieutenant Governor. These are just the most visible of many Native
    Hawaiians who serve the people of Hawaii as members of my
    administration. They serve with competence, passion and vitality.
        Many of you have worked with our Native Hawaiian Senator Daniel
    Akaka for a number of years. You know him by his Aloha, by his gentle
    spirit, and by his commitment to these United States. Like the
    individuals in my administration that I have named, Senator Akaka knows
    what it means to be Native Hawaiian, to be from Hawaii, and to be an
    American.
        Like all Native peoples around the country, these individuals have
    embraced the promise of our democracy and now use their unique
    knowledge of our islands, and of its diverse people, to serve the
    public--and in doing so they do not give up what it means to be Native
    Hawaiian. They do not and have not abandoned their collective rights as
    Native Hawaiians to be self-governing and to practice and perpetuate a
    cultural heritage whose home is only found in one tiny part of our
    world, the Hawaiian Islands. Despite the historical events and policies
    that worked against them, Native Hawaiians have an unbroken desire for
    self-governance as a means of perpetuating their way of life and their
    culture, for future generations.
        Passage of the Akaka bill will provide Native Hawaiians with an
    opportunity owed to them for many years--the right to engage their best
    talents and best ideas as full partners of the State and Federal
    Governments. Passage of this bill holds great promise for Native
    Hawaiians, and it holds great promise for our State and all its
    citizens. My administration believes that what is just and good for
    Native Hawaiians is just and good for all our people.
        There have been concerns shared with me about what this bill might
    lead to--like gambling, or creating a divide among peoples in my State.
    Nothing could be further from the truth.
        I do not support gambling in Hawaii; Native Hawaiians have not
    collectively enunciated a desire for legalized gambling; and this bill
    does nothing to permit it. The State of Hawaii controls whether or not
    there will be gambling in Hawaii. This is true today and it would be
    true after enactment of this bill.
        This bill would not divide the people of Hawaii. To the contrary,
    by doing what is right for Native Hawaiians, passage of the Akaka bill
    would enable all the peoples of Hawaii to move forward and reach our
    potential together.
        How, I ask you, can providing justice for long-standing wrongs ever
    be divisive? The underlying principles of our country tell us that
    justice and a recognition of rights--personal and collective--is the
    very definition of our unity. Our State motto--Ua mau ke `ea o ka `aina
    i ka pono, the life of the land is perpetuated in righteousness--says
    it well.
        The life of Hawaii and unity of its diverse peoples are perpetuated
    by doing what is right.
        The Native Hawaiian Federal Recognition Bill brings parity and
    consistency to our Federal policies on America's Indigenous People. The
    Native Hawaiian people of my State deserve nothing less. This bill
    provides a process that has not existed before, for the Hawaiian people
    to take hold of their destiny and to have a rightful place at the table
    in making decisions for themselves. I have every confidence that if
    this opportunity is granted to them, Native Hawaiians will find within
    their community an approach that works for themselves, for our State,
    and for this Nation.
        Members of the committee, I urge you to pass the Native Hawaiian
    Recognition Bill out of your committee and to urge your colleagues in
    the full Senate to pass this bill without hesitation. In doing so, you
    will recognize the contributions of Native Hawaiians and the value of
    their continued and enhanced vitality to my State and our Nation.
        In doing so, you also will recognize what is righteous, what is
    practical, and what is just.
        Mahalo and Thank You.

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