Ka Wai Ola - Office of Hawaiian Affairs, Volume 10, Number 4, 1 April 1993 — Trustees lobby against Bush Administration opinion [ARTICLE+ILLUSTRATION]

Trustees lobby against Bush Administration opinion

by Deborah L. Ward Trustees of the Office of Hawaiian Affairs legislative lobbying team spent a week in Washington, D.C. recently to meet with Clinton Administration officials on native Hawaiian eon-

cerns and testify before a key House committee. OHA vice-chair Abraham Aiona and Trustee Kīna'u Boyd Kamali'i, accompanied by OHA land officer Linda Kawaiono Delaney, also met with members of Hawai'i's congressional delegation

during their Feb. 21-26 visit.

With the Hawai'i delegation's assistance, the trustees were able to meet with U.S. Department of Interior Secretary Bruce Babbitt, the new Interior Solicitor General John Lesche, as well as with Congressman Bill

Richardson, chair of the House Committee on Natural Resources' permanent subcommittee on Native American Affairs. (The subcommittee's scope now includes native Hawaiian matters.)

The trustees said the purpose of their visit to Solicitor Lesche was to bring his attention to a legal memorandum left by his predecessor under the Bush Administration, Thomas Sansonetti. They were pleased to find that Lesche was aware of the controversial mem-

orandum and that he was very

sensitive to the outrage of Hawai'i's congressional delegation, who were not consulted nor informed of the document. The opinion sought to justify the position of the Reagan-Bush administrations that the U.S. had no trust relationship

with native Hawaiians under the Hawaiian Homes Commission Act, or under any other basis. By this interpretation, native Hawaiian is a "racial classification" and violates the 14th amendment (due process and equal treatment under the law). Existing federal programs, for example, the Native Hawaiian Heahh and Education Acts,

would be unconstitutional under this ruling. The impact in current programs would exceed $100 million and bring into question the existence of the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs, mueh less initiatives like the restoration of the Hawaiian nation and a settlement of land claims. Sansonetti also left similar

memos affecting indigenous Guamanians, and Alaska natives, the latter of whieh claimed that Alaska natives had little sovereignty left after the Alaska Native Claims Settlement Act. Calling the memo "devastating" to native Hawaiians, Alaska natives and to indigenous Guamanians, OHA continued page 4

Abraham Aiona

Kīna'u Boyd Kamali'i

The Office of Hawaiian Affairs Maui office has moved to a new location at the Kahului Office Center, 140 Ho'ohana St., Suite 206, Kahului, Hawai'i 96732. The office phone number is 243-5219.

Trustees lobby to undo Bush memo

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trustee Kamali'i noted, "As the Bush ship sank they put out this final barrage." She noted that the memo, "The Scope of Federal Responsibility for Native Hawaiians Under the Hawaiian Homes Commission Act," relied heavily on Vol. 1 of the Native Hawaiians Study Commission report of 1983 for its opinion. Kamali'i was chair of that commission, and with the other Hawai'i appointees, issued a dissenting report (Vol. 2) taking issue with the negative findings of the majority report. Kamali'i said "There is now an opportunity to confront and eradicate the misrepresentations and dishonesty of that (Vol. 1) report."

Kamali'i said the Hawai'i eongressional delegation was very sensitive and committed to undoing the harm of Vol. 1 by replacing it with something that will lead to a comprehensive settlement for native Hawaiian claims and sovereignty. In their meeting with Interior Secretary Bruce Babbitt, arranged by Rep. Patsy Mink, the trustees said Babbitt indicated he would administratively set aside the Sansonetti opinion and that the department would not be guided by it. He said he would work with Hawai'i's delegation, Gov. Waihe'e and OHA to replace it with something more substantial to reflect a new administrafive position. Babbitt told the OHA trustees he hoped to visit Hawai'i later this year to learn about Hawaiian issues and sovereignty first-hand

and to eome up with recommendations for a new opinion. He assured the trustees he is aware of the seriousness of the issue and pledged to become more knowledgeable. With this reception, said the trustees, OHA anticipates the new Administration will be more responsive to native Hawaiian concems.

The OHA trustees also met with Rep. Bill Richardson (New Mexico), chair of the House subcommittee on Native American Affairs of the Committee on Natural Resources. The meeting was arranged by Rep. Neil Abercrombie, who sits on that subcommittee. Aiona said he is pleased OHA is communicating with the subcommittee. OHA is looking at ways it ean provide expert panels to them on trust relationship issues and options for responding to Hawaiian eoncems. Kamali'i presented testimony before this subcommittee at a Feb. 23 oversight hearing on the American Indian Religious Freedom Act. (Editor's note: Kamali'i's testimony is covered in an article on this act on page 6 of this issue). Trustee A. Frenchy DeSoto, chair of OHA's Legislative Review Committee and also a member of the OHA legislative lobbying team, said they will be looking at scheduling community meetings in the near future with the subcommittee.