Ka Wai Ola - Office of Hawaiian Affairs, Volume 28, Number 4, 1 April 2011 — Bills seek state recognition [ARTICLE+ILLUSTRATION]

Bills seek state recognition

By Lisa Asato Two bills relating to state recognition for Native Hawaiians have advanced in the state Legislature. As of this writing, the two bills have passed in the Senate and are awaiting review by the House Finance Committee, whieh must advance the bills by April 8 in order for them to remain alive for further discussion. Senate Bill 1520 SD2 HD2 would recognize the Native Hawaiian people as the only indigenous, aboriginal, maoli people of Hawai'i. Senate Bill 1 SD2 HD2 would also do that but would go further and establish a process for Native Hawaiians to exercise their right to reorganize. Under the bill, the Governor, Senate President and House Speaker would eaeh appoint three members to a Native Hawaiian roll commission. The nine-member commission would prepare, main-

tain, certify and publish a roll of qualified Native Hawaiians, whieh would provide the basis for parheipahon in the organization of a Native Hawaiian governing entity. The bill defines a "qualified Native Hawaiian" as an individual who is descended from the aboriginal peoples who, prior to 1778, occupied and exercised sovereignty in the Hawaiian Islands, whieh now constitutes the State of Hawai'i, or who is one of the indigenous native people of Hawai'i who was eligible in 1921 for programs authorized under the federal Hawaiian Homes Commission Act, 1920. Direct lineal descendants of those qualifying under the 1921 rule also are eligible. An individual must also have maintained a significant cultural, social or civic connection to the Native Hawaiian eommunity and wish to participate in the process, and be 18 or older. The measure also SEE REC0GNITI0N ON PAGE 33

G0VERNANCE

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

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RECOGNITION

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allows for a convention, where qualified Native Hawaiians may organize their government. The Office of Hawaiian Affairs supports state recognition of Native Hawaiians provided that it does not diminish efforts to pursue and obtain federal recognition. "We look forward to continuing to communicate with our beneficiaries, legislators and other puhlie officials, our advisers and others about how best to approach state and federal recognition," Esther Kia'āina, OHA Chief Advocate, told the House Hawaiian Affairs Committee on March 16. "We appreciate the willingness of our legislators to not only listen to, but also to incorporate into this bill many of the public's perspectives. We are encouraged by the open and full dialogue on this very important topic." Detractors have said the bill is race-based or that state lawmakers are overstepping their authority because the sovereign status of Hawai'i still exists under executive agreements between Queen Lili'uokalani and President Cleveland. Supporters have said state recognition efforts would advance the reconciliation and reorganization processes. Testifying at the March 16 hearing, state Sen. Malama Solomon, who co-introduced SB 1, said such legislation is long overdue. Solomon, an original OHA Trustee in 1980, said she has been working on similar legislation for more than three decades and despite Hawaiians' "many attempts at

organizing," those efforts have not bore fruit. Solomon said that state lawmakers are responsible for providing the "legal platform" to enahle Hawaiians to "rightfully get the recognition that they deserve." The state must create a roll commission "simply because we have to prove muster that there is an identifiable community who is entitled to the rights and the respect as a nation. This is why the roll eall commission was put in plaee," said Solomon (D, HiloHāmākua- Waimea) . After the roll is published, "the Governor dissolves the roll eall commission and in essence the Hawaiian people are allowed to organize however they see fit," she said. "And of course, the legal way for such an organization to take plaee would be through some kind of convention." In providing for state recognition of Native Hawaiians, the original version of SB 1 called for the OHA Board of Trustees to establish a Native Hawaiian corporation that would receive and manage lands comprised of "available lands" described under the Hawaiian Homes Commission Act, ceded lands and other lands Hawaiians may be entitled to. The OHA Board would also have established one or more county corporations to administer the Hawaiian lands in their jurisdictions. Sen. Clayton Hee (D, KahukuKāne'ohe) introduced SB 1520, whieh would recognize Native Hawaiians as the sole indigenous people of Hawai'i. The bill originally would have established a process for state recognition of a First Nation government. ■

Two bills relating to state recognition for Native Hawaiians have advanced in the state Legislature. - Photo: . . KW0Archives u-iilllll