Ka Wai Ola - Office of Hawaiian Affairs, Volume 21, Number 6, 1 June 2004 — Akaka Bill revised to extend claims deadline [ARTICLE+ILLUSTRATION]

Akaka Bill revised to extend claims deadline

By Derek Ferrar In response to concerns raised by OHA's Board of Trustees and others in the Hawaiian community,

Hawai'i's eongressional delegation has modified language in the latest version of the Akaka Bill that would extend the deadline for a recognized

Hawaiian governing body to file claims against the U.S. government in federal court. Under the latest revision to the proposed Native Hawaiian Government Reorganization Act, the

Hawaiian governing body would have to file existing claims in federal District Court within 20 years from the time the body is established and formally recognized. Before the change, the deadline had

been set at 20 years after the passage of the Akaka legislation. \The change is " important, since a significant amount of time could theoretically elapse between the passaoe of the Akaka

measure and the establishment of a Hawaiian representative body. The new deadline is "more realistic," OHA Chairperson Haunani See CLAIMS on page 9

Call-in Show

Akaka Bill: Myth or Reality KITV 4, Mon. June 21 , 7-8 p.m. 4 See inside cover for details

CLAIMS from page 1 Apoliona told the press after the latest revisions were announced. In April, the congressional delegation announced several amendments to the Recognition Act designed to address concerns raised by the U.S. Department of the Interior, whieh would oversee the federal relationship with the Hawaiian governing body. In addition to setting out the claims deadline, the amendments called for the creation of a nine-member commission of Native Hawaiian experts to verify the ancestry of those who enroll to participate in the formation of a governing entity. The amendments met with mixed reaction from the Hawaiian eommunity. Some supporters of the bill saw the revisions as positive sign that the measure might soon progress toward passage after sitting in procedural limho for nearly a year following its approval by the Senate's Indian Affairs committee. However, some Hawaiian political-action groups, such as the 'īlio'ulaokalani Coalition, expressed opposition to the revised version of the bill, particularly the claims deadline. "There should not be any eloek ticking, that's the bottom line," 'īlio'ulaokalani spokesman Kaho'onei Panoke told the media. Legal scholars pointed out, however, that a 20-year deadline is considerably longer than in most measures recognizing Native American or Alaskan groups, whieh have frequently included claims deadlines of just five or six years. In addition, they said, the statute of limitations applies only to cases brought under federal law; no limits are set on claims brought in other tribunals, such as international courts. Paul Cardus, spokesman for Sen. Daniel Akaka (D-Hawai'i), the bill's primary sponsor, told the

media that the 20-year statute of limitations had been adopted as a compromise with the Interior department, whieh had wanted the deadline to be shorter. Although OHA's board has eontinued to support the intent of the Akaka legislation, the trustees did voice serious concerns about the deadline. OHA Administrator Clyde Nāmu'o said it was at least partly in response to these concerns that the congressional delegation submitted the revised language regarding the claims deadline. Last June, the federal recognition measure, whose official designation is Senate Bill 344, became eligible for consideration by the full Senate after it was approved by the Indian Affairs Committee. However, the bill has since failed to move forward due to an anonymous hold placed on it by one or more senators opposed to the measure. Delays have also been caused by the laek of a clear Bush administration position on the bill, with concerns being raised by the departments of Interior and Justice. In April, Sens. Akaka and Dan Inouye (D-Hawai'i) sent a letter — their third — to Senate Majority Leader Bill Frist (R-Tennessee) requesting a floor debate on the recognition measure. Frist said recently that the Senate calendar is too full to schedule a debate on the bill, but promised that he would try to find time. Should the Senate eventually approve the bill, it would then pass to the House of Representatives for consideration. Last year, the House voted to approve a similar measure. If the bill does not pass by the end of the current two-year congressional cycle in October, the arduous process will have to begin anew in the 2005-2006 congressional cycle. For more information on the Akaka Bill, visit NativeHawaiians.com. ■