Ka Wai Ola - Office of Hawaiian Affairs, Volume 27, Number 4, 1 April 2010 — Akaka Bill amendments reflect congressional promise to Native Hawaiians [ARTICLE+ILLUSTRATION]

Akaka Bill amendments reflect congressional promise to Native Hawaiians

By Haunani Apoliona Many in Hawai'i have wondered about the fate of the Native Hawaiian Government Reorganization Act (NHGRA), betterknown as the Akaka Bill. Amendments to this bill, approved by the U.S. House of Representatives on February 23, 2010, have been both scrutinized and supported. All observers now await U.S. Senate aehon on this bill that enables a process for federal recognition for Native Hawaiians and the reorganization of a governing entity for a government-to-government relationship with the U.S. The Office of Hawaiian Affairs (OHA), an active and steadfast advocate for enactment of the NHGRA, consistently worked to assure all Native Hawaiians, wherever they reside, have the opportunity to be active participants in the process. OHA successfully improved this milestone legislation with several amendments that were passed on February 23. For the first time in over 10 years the current version of the NHGRA includes specific protections for Hawaiians that are currently on homestead land. It also provides protection for those individuals who are on the Department of Hawaiian Home Lands waiting list for potential placement on the homestead lands. The inelusion of this protection for Hawaiian

homesteaders was proposed by the Office of Hawaiian Affairs. OHA applauds the members of Hawai'i's Congressional delegation for including this protection under Federal law for those Hawaiians who have waited many, many years for the opportunity to retum to the lands that were originally set aside for their benefit under the Hawaiian Homes

Commission Act. OHA supported a more broad approach with these amendments. Among them: • Adding language to insure inclusiveness by acknowledging all of the Native Hawaiian homestead associations, rather than designating only one. • Adding language to improve the definition of "Qualified Native Hawaiian Constituents," those eligible to participate in the reorganization of the entity, to assure the inclusion of Native Hawaiians as defined in the Apology Resolution, as "Native Hawaiian descendants of the aboriginal, indigenous, native people who prior to 1778, occupied and exercised sovereignty in the area that now eonstitutes the State of Hawai'i." • Adding language to assure that all Native Hawaiian organizations may be consulted by the Commission that is responsible for certifying who is a QualifiedNative Hawaiian

Constituent. Recently the Office of Hawaiian Affairs has been severely criticized by a small segment of the Hawaiian eommunity for aligning itself with the State's attomey general by encouraging discussion in an effort to achieve eommon ground. Unlike a nonprofit corporation, OHA is established by the State of Hawai'i Con-

stitution. OHA Trustees are elected by Hawai'i voters. The Trustees' duty to advocate and address the interest of all Hawaiians is established in law. Following a decade of puhlie discussion and debate about selfdetermination forNative Hawaiians, it is up to the U.S. Senate to act on the bill that has been held hostage by national partisan debate during two previous attempts at passage. But this year is different. Hawai'i's two Senators are high-ranking in seniority, and we have a President who understands Native Hawaiians and Hawai'i. Scores of Native Hawaiian organizations, representing thousands of voices, have united in a movement to reconcile past wrongs in order to chart a course toward a better future for all of Hawai'i. This is the year for the Akaka Bill to heeome law. OHA worked with Hawai'i's Congressional delegation, U.S.

Department of Justice and the State Attorney General, to include several important amendments that strengthened the promise made by Congress to Native Hawaiians long before Hawai'i heeame a state. Language to protect and preserve the vested rights of Hawaiian homesteaders and those on the waiting list had not been part of the original bill. Displaying the type of leadership the voters are calling for, OHA, Hawai'i's Congressional delegation, the Ohama Administration and the State of Hawai'i worked together to address differences proactively, and were able to achieve results that best serve the Native Hawaiian eommunity and all Hawai'i's citizens. More than a century after the overthrow, there will finally be an official mechanism in plaee that affords the United States, State of Hawai'i and a single representative Native Hawaiian governing entity the opportunity to reconcile past wrongs and move forward to benefit all of Hawai'i. We look forward to passage in the Senate and continued support from President Ohama. E kūkulu a'e kākou no ke ea o ka 'āina me ke aloha a me ke ahonui. Let us resolve to elevate and exercise our self-determination with the spirit of compassion and patience. ■ Editor 's note: This op ed by Office of Hawaiian Affairs Chairperson Haunani Apoliona was pubīished in the Honoīuīu Advertiser on March 15.

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Haunani Apuliuna, MSW

ChairpErsūn, TrustEE, At-largE