Ka Wai Ola - Office of Hawaiian Affairs, Volume 27, Number 9, 1 September 2010 — Fixed Akaka Bill will move forward [ARTICLE+ILLUSTRATION]

Fixed Akaka Bill will move forward

By ūaniel K. Akaka For more than a decade, I along with the rest of Hawai'i's Congressional delegation have worked on the Native Hawaiian Govermnent Reorganization Act, a hill that would provide parity to Hawai'i's indigenous people. I understand that the people of Hawai'i have waited patiently for this hill to heeome law. I am making progress toward passing the hill and sending it to the president. U.S. Sen. Daniel K. Inouye and I met with Senate Majority Leader Harry Reid on Friday (Aug. 6) to discuss floor

consideration. I remain optimistic that the hill will be considered in the Senate this year. The legislation passed the House of Representatives in February. It is now pending in the Senate. Last month, U.S. Sen. Inouye and I reached an agreement with Gov. Linda Lingle to amend the hill to secure her support. When the hill comes to the Senate floor, I will offer a substitute amendment that includes several changes to address the state's outstanding concerns. The amendment provides clarification on the authorities and powers of the Native Hawaiian governing entity during the interim period - the period following the entity's recognilinn hv the TTnited States and hefore the eonelnsion of

negotiations with the Federal and State govermnents. The amendment makes four changes to the House-passed hill. • It will limit the Native Hawaiian governing entity's inununity from lawsuits brought by the State to enforce its regulatory authority. • It will ensure that during the interim period the activities of the entity will be subject to State regulatory authority as it relates to puhlie heahh and safety. • It reiterates that the entity 's officers and employees will continue to be subject to the criminal jurisdiction of the State. • It will ensure that the hill will not have an impact on federally recognized American Indian tribes or Alaska Natives. Other than these four changes, the hill language will remain the same as in the House-passed hill. I am pleased that Gov. Lingle strongly supports the hill with these changes, and that we have conunitted support from the White House and native and non-native groups in Hawai'i and across the country. I understand that there are concerns that the 1 1 1 th Congress is nearing its eonclusion. However, the Senate will be in session in September and early October, will return after the elections in mid-November, and yet another session is expected after Thanksgiving. There is still time. It has been more than 51 years since Hawai'i heeame a state and more than 100 years since Hawai'i was made a United States territory. Congress has enacted more than 160 statutes that recognize and provide benefits for Native Hawaiians as an indigenous people and as the original inhabitants of the islands that are now the State of Hawai'i. In spite of this, as of today, Native Hawaiians have not been provided the same opportunity for self-determination as the rest of America's indigenous people. I am determined to see the Native Hawaiian Government Reorganization Act enacted into law, so we ean at long last begin the reconciliation process, and bring parity in the United States' treatment of Native Hawaiians. ■ Daniel K. Akaka is a U.S. Senator from Hawai'i. This editorial was published in the Honolulu Star-Advertiser on Aug. 9.

GOVERNANCE To restore pono and ea, Native Hawaiians will achieve self-gover-nanee, after whieh the assets of OHA will be transferred to the new governing entity.

Akakū