Ka Wai Ola - Office of Hawaiian Affairs, Volume 19, Number 2, 1 February 2002 — AKAKA BILL DEBATED [ARTICLE+ILLUSTRATION]

AKAKA BILL DEBATED

Critics elemanel public hearings on all islands

By Naomi Sodetani Heat generated at two recent puhlie discussions on the Akaka Bill (Senate Bill S.746) signifies that the most important federal legislation to impact Native Hawaiians since statehood, having stalled in Congress in December, is under fire at home. More than 150 attended a Jan. 10 informational event held at the State Capitol auditorium. Two days later, a panel of community leaders debated the pros and cons of the Akaka Bill at the Sovereign Sunday event at 'īolani Palaee (see related story on page 8). The "legislative briefing" sponsored by the Council on Native Hawaiian Advancement featured an update by Noelani Kalipi, deputy legislative director and counsel to Sen. Daniel Akaka, and Patricia Zell, staff director and chief counsel to the Senate Committee on īndian Affairs, whieh Sen. Daniel Inouye chairs. "Cardinal" changes have radically altered S,2899 without the input of the Hawaiian community, said attorney Mililani Trask, a member of the native Hawaiian working group who helped draft the original bill. The delegation holds that S,746 includes changes, including those outlining a process for nation-organizing, made in response to testimony offered by

Native Hawaiians during a three-day hearing on S.2899 held in O'ahu in 1999. Kalipi explained that some clauses were kept purposely broad to allow Hawaiians flexibility after the bill's passage. Trask blasted the delegation's characterization that S.746 enjoys wide support by the Hawaiian community as "a lie" and demanded they organize and attend hearings on every island, so that Hawaiians ean give meaningful input and eome to a consensus on a federal recognition bill that truly represents their will, "Stop pushing this bill," the former

OHA trustee declared, braced by rousing applause. "Give us some hearings on this thing, or we are going to strike youl" The,Akaka Bill has undergone numerous revisions since 1999: S,2899 became S.81, whieh became S.746, then S.1783, the most recent version that īnouye had strategically attached to a defense appropriations bill before yanking it prior to the December vote. Kalipi confirmed that S,746 is the "primary vehicle" now up for debate on Capitol Hill since the 107th Congress reconvened. Zell noted that "the White House told

us that they do not want to veto this bill, whieh we take as encouraging as they had not expressed anything like this before." But the attorney did not clarify if S,746 would be subject to further revision, whether to appease Hawaiians or win cooperation from a cautious administration, agencies, and lawmakers, Zell stressed that Hawai'i's senators have "adamantly" resisted political pressures to water down the the bill's positions on native self~governance rights to the point that "it would have been gutted," See AKAKA BILL on page 8

PLENARY PITFALLS ARGUED - Dr, Kehaulani Keiueinui wcirns thcit Congress' plenciry power eoulel trurnp Hciwciiicins' rights.

AKAKA BILL from page 1 defeating its very purpose for being, Some audien.ce members suggested that such has already occurred, citing provisions that give the Hawai'i state government a role in approving a native Hawaiian government, Others worry that the bill's vague, limiting language might foreclose future options for complete independence or result in the retum of a mere fraction of the 1 ,5 million acres of ceded lands presently encompassing the trust, UH Ethnic Studies scholar Marion Kelly pointed out that language in Section 8(b) authorizing the "transfer of lands, resources and assets dedicated to Native Hawaiian use to the Native Hawaiian goveming entity" could be construed to mean only those lands and assets currently and directly being used by native Hawaiians: occupied homestead lands, OHA's share of tmst revenues and the island of Kaho'olawe, Dr, Kēhaulani Kauanui, a professor of Anthropology and American Studies at Wesleyan University, strenuously wamed of the danger of "giv-

ing Congress plenary power over Hawaiians," Congress already has such power, Kalipi countered, "But if the Supreme Court were to determine that Congress has no plenary authority, all the laws and programs for Hawaiians would all be deemed unconstitutional and voided," she said, The newly-formed non-profit Council for Native Hawaiian Advancement sponsored the infobriefing "not for the purpose of influencing the outcome of legislation or to receive testimony," said CNHA president Robin Danner, but to promote dialogue and "provide a forum for the sponsors of this particular legislation to communicate directly" with Hawaiian community members, "Pass or fail, the ,Akaka Bill has a significant impact on the Native Hawaiian people and all other Natives in ,America," Danner said, OHA and CNHA will co-present a 90-min. program of the proceedings on 'Olelo (Ch. 53) on Feb. 16 at 4 p.m.; Feb. 17 at 10 p.m.; Feb. 18 at 4:30 p.m .; and Feb. 19 at 2 p.m . ■