[Congressional Record Volume 152, Number 58 (Friday, May 12, 2006)]
[Senate]
[Pages S4509-S4510]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     S. 147, NATIVE HAWAIIAN GOVERNMENT REORGANIZATION ACT OF 2005

  Mr. AKAKA. Mr. President, I rise again to talk about legislation of 
critical importance to me and the people of Hawaii, S. 147, the Native 
Hawaiian Government Reorganization Act. As my colleagues are aware, we 
have been trying to schedule this bill for a debate and vote on the 
Senate floor. Unfortunately, the bill has been blocked by a handful of 
my colleagues who fail to understand the importance of this issue to 
the people of Hawaii.
  S. 147 is a bipartisan bill. It is supported by members on both sides 
of the aisle. I want to thank my colleagues who have cosponsored this 
legislation: Senators Cantwell, Coleman, Dodd, Dorgan, Graham, Inouye, 
Murkowski, Smith and Stevens. Your support for the people of Hawaii has 
not gone unnoticed.
  I want to talk about what we did to draft this legislation. I want to 
explain the broad and inclusive process that we used. My colleagues 
should know that in drafting this legislation we consulted a broad 
array of individuals, both native and non-native.
  In 1999, Hawaii's Congressional delegation formed the Task Force on 
Native Hawaiian Issues. The Task Force was composed of myself, the 
senior Senator from Hawaii, and our colleagues in the House of 
Representatives, Representative Neil Abercrombie and Patsy Mink. It was 
determined that I would serve as the head of the Task Force.
  My colleagues need to understand that the issue of political status 
for Native Hawaiians is not a new issue. It has been a hot topic for 
many, many years and in fact has been a topic of contention since 
Hawaii became a State in 1959. Given its history, I wanted to tap into 
the experience of the many individuals who have addressed this issue 
and who would be impacted by Federal recognition for Native Hawaiians. 
I decided to establish five working groups: the Native Hawaiian 
Community working group, the State officials working group, the Federal 
officials working group, the Native American and Constitutional 
Scholars working group, and the Congressional members and caucuses 
working group. Overall, more than 100 individuals were involved in 
meeting and advising Hawaii's Congressional delegation on what should 
and should not be included in this legislation.
  The Native Hawaiian Community working group's role was to advise us 
as to the views of the Native Hawaiian community. The membership of the 
working group was balanced to include a broad variety of individuals 
from different islands, professions and backgrounds.
  The State officials working group was composed of State legislators 
as well as the heads of State agencies who would be directly impacted 
by a Native Hawaiian governing entity participating in a government-to-
government relationship with the United States. This group advised us 
on the impact of such a policy on State programs and agencies.
  The Federal officials working group was composed of Federal officials 
from agencies currently administering services and programs impacting 
Native Hawaiians. The role of this working group was to advise us of 
how best to extend the Federal policy of self-governance and self-
determination to Hawaii's indigenous peoples.
  The Native American and constitutional scholars working group was 
composed of a number of tribal leaders and key constitutional scholars 
in Indian law. We benefited from the advice provided by tribal leaders 
who were willing to share lessons learned and from constitutional 
scholars well-versed in Federal Indian law.
  The Congressional members and caucus group was composed of our 
colleagues who sought to help us at the member level to move this 
legislation.
  We held several public meetings in Hawaii with the members of the 
Native Hawaiian community working group and the State working group. 
Individuals who were not members of the working group, and many who 
opposed our efforts, were allowed to attend and participate in the 
meetings. Overall, we had over 100 individuals provide initial input to 
the drafting of the legislation.
  The bill was first considered by the 106th Congress. Five days of 
hearings were held in Hawaii in August 2000. While the bill passed the 
House, the Senate failed to take action. The bill was subsequently 
considered by the 107th and 108th Congresses. In Each Congress, the 
bill has been favorably reported by the Senate Committee on Indian 
Affairs and its companion measure has been favorably reported by the 
House Committee on Resources.
  Despite the many modifications to the legislation over the past 7 
years, I have ensured that the process authorized in this bill has 
always retained the appropriate balance between the structure necessary 
to comply with Federal law and the flexibility necessary to ensure that 
Native Hawaiians can make the critical decisions necessary to form 
their governing entity.
  I want all of my colleagues to know that when the Senate considers 
this bill, I will offer a substitute amendment. The substitute 
amendment has been widely distributed since September 2005 and is the 
result of successful negotiations between the executive branch 
officials and our Congressional delegation and Governor. I thank the 
chairman and vice chairman of the Senate Committee on Indian Affairs 
for helping to facilitate the negotiations process.

  The substitute amendment satisfactorily addresses the concerns raised 
in a letter from the Department of Justice to the chairman of the 
Senate Committee on Indian Affairs. The letter addressed 4 concerns 
with the legislation: liability of the United States, civil and 
criminal jurisdiction, military readiness, and gaming. The legislative 
language in the substitute amendment has been cleared by the executive 
branch and addresses the practical concerns expressed in the July 13, 
2005 letter.
  I look forward to the debate on the substitute amendment.
  My colleagues can see from the process that I have just outlined that 
this legislation is based on the collective thoughts of a wide array of 
individuals, native and non-native, from Hawaii and across the entire 
Nation. It is based on the contributions of individuals well-versed in 
the Federal policies dealing with indigenous peoples--by those who 
understand the legal and political relationship the United States has 
with its indigenous peoples. It is based on Federal law and is 
substantiated by the many judicial rulings on the political and legal 
relationship between the United States and its indigenous peoples. It 
reflects the respect that the people of Hawaii have for the 
preservation of the culture and traditions of Hawaii's indigenous 
peoples--the culture and traditions which form the basis of the spirit 
of Aloha--which all citizens of Hawaii are proud to demonstrate.
  This bill is supported by Hawaii's Governor, Linda Lingle, the Hawaii 
State Legislature, Office of Hawaiian

[[Page S4510]]

Affairs and Department of Hawaiian Home Lands. The National Congress of 
American Indians and the Alaska Federation of Natives have passed 
resolutions in support of this bill. The bill is also supported by a 
number of organizations, native and non-native, including the American 
Bar Association, Japanese American Citizens' League, Inter Tribal 
Council of Arizona, and the Hawaii State Teachers Association.
  I want to express my sincerest appreciation to our majority and 
minority leaders for working with me and Hawaii's senior Senator on 
scheduling the Senate's consideration of S. 147, the Native Hawaiian 
Government Reorganization Act of 2005. It is my understanding that the 
motion to invoke cloture on the motion to proceed to S. 147 will be 
filed on June 6, 2006, with the vote on the motion to occur on June 8, 
2006.
  I look forward to this opportunity to finally discuss S. 147. As my 
colleagues have heard over the past week, this is an issue of 
importance to all of the people of Hawaii, and this is not a native 
versus non-native issue in Hawaii. Rather, this is about authorizing a 
process for the people of Hawaii to be able to address longstanding 
issues resulting from a tragic, poignant period in our history. This is 
about establishing parity for Hawaii's indigenous peoples in Federal 
policies. This is about clarifying the existing political and legal 
relationship between native Hawaiians and the United States.
  Again, I express my deep appreciation to our majority and Democratic 
leaders, to the cosponsors of this legislation, and to the senator from 
Arizona for helping to work out this agreement. I want to express my 
deep appreciation to Hawaii's senior Senator who has stood firm with me 
as we have sought to do what is right for the people of Hawaii.
  Passing this legislation will make it right.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll. The legislative 
clerk proceeded to call the roll.
  Mr. SESSIONS. Mr. President, I ask unanimous consent that the order 
for the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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