Martha Ross, OHA's Washington, D.C., Bureau Chief, talks with KWOL about the Akaka Bill's chances for passage and what we can expect next. - Photo: Blaine Fergerstrom

Q&A: Martha Ross on the Akaka Bill's reintroduction in Congress

The Akaka Bill, otherwise known as the Native Hawaiian Government Reorganization Act, was reintroduced in both houses of Congress on Feb. 4 by Hawai'i's congressional delegation. After five previous attempts at passage in the nation's capital, observers say conditions are ripe for its passage, including having President Barack Obama in the White House – a man who was born in Hawai'i and spent his formative years here and who has said he will sign the bill.

Hawai'i Sen. Daniel Akaka, whose name is attached to the bill, said: "I was pleased to be joined by the entire Hawai'i Congressional delegation, Alaska Republican Sen. Lisa Murkowski and Senate Indian Affairs Committee Chairman Byron Dorgan in reintroducing this legislation important for all the people of Hawai'i. We are excited to have a president supportive of our efforts and who understands the history and needs of Hawai'i. It is time for Native Hawaiians to have the opportunity to come together and negotiate with the state and federal governments, the same opportunity already provided to American Indians and Alaska Natives."

KWOL's Lisa Asato asked Martha Ross, OHA's Washington, D.C., Bureau Chief, about the bill's chances for passage and what we can expect next.

KWOL: As OHA's Washington, D.C. Bureau Chief, you've worked to gain support for the Akaka Bill in Congress. What is your reaction to the Akaka Bill being reintroduced this year, in a year with Democrats in control of both houses and a president who has said he supports the bill and would sign it?

MR: Enactment of the bill, S. 381/H.R. 682, the Native Hawaiian Government Reorganization Act of 2009, is critical for current and future generations of Hawaiians to assure the distinct Hawaiian culture and language will have the best environment to flourish and to protect existing programs, rights, assets, trusts. It is also critical to carry on the legacy of Hawaiian ancestors that we share today.

 We strongly believe enactment of the Hawaiian recognition bill, the Akaka Bill, is likely to occur this year. Congress has a majority of Democrats in the U.S. House and Senate. They caucus regularly with our Hawai'i congressional delegation and are educated about the bill from them. With continued support of Republican members of Congress who understand the special political and legal status of the three groups of Native Americans within the 50 states, and a president who understands Hawai'i and our distinct Native Hawaiian community, culture and political history, and is committed to enactment of the bill, all conditions are ready.
 
KWOL: What would the bill do?

MR: Native Hawaiians are the descendants of the native, indigenous aboriginal people whose ancestors lived in and exercised sovereignty in the Hawaiian archipelago that later became part of the United States. Hawaiians never relinquished their sovereignty. Enactment of the bill reaffirms the special political and legal status of Hawaiians as native, indigenous people, as already expressed in over 150 congressional measures, and, similarly to what already exists for American Indians and Alaska Natives, authorizes a process to extend federal recognition to Native Hawaiians as a whole for purposes of a government-to-government relationship.   
The Native Hawaiian representative entity, the United States and State of Hawai'i can all sit down together with a formal, recognized role at the discussion table. This benefits all of Hawai'i because a formal process will be in place to address many unresolved issues facing Hawai'i today.
 
KWOL: What is your reaction to the version of the bill introduced, which dates to the 2000 version. The bill would not place a ban on gambling, among other differences. Are there any concerns?

MR: I understand the idea of trying to keep the bill as simple as possible.  For some, it is obvious that the Hawaiian recognition bill does not authorize Native Hawaiians to conduct any type of gambling because there is no gambling of any kind legal in Hawai'i. Further, the bill does not authorize Native Hawaiians to be part of the Indian Gaming Regulatory Act. However, because gambling is a concern for some on the continent, it does help the bill education process significantly to have that clarity in the bill itself.

There are other clarifications that assist with education that are missing from the 2009 bill, and the Office of Hawaiian Affairs stands ready to educate Congress, the Obama administration and the general public about the facts on these matters.

For example, the 2009 bill does not include the clarification that enactment of the Akaka Bill does not cause Native Hawaiians to be eligible for American Indian and Alaska Native federal programs and resources for which Hawaiians are not already eligible. Again, some may have seen the clarification as unnecessary because the fact is, Native Hawaiians already have federal programs in place and many of our American Indian and Alaska Native friends are ma'a to this. 

KWOL: Are there any other concerns or highlights?

MR: Yes. To be as inclusive of as many Native Hawaiians as possible, and consistent with about 90 percent of federal measures relative to Native Hawaiians – passed by Congress and enacted into law since the 1970s – the Office of Hawaiian Affairs Trustees asked that the definition of Native Hawaiian in the definitions section of the Akaka Bill and the section addressing the definition of Native Hawaiians for purposes of the roll, include the 1778 criteria.

KWOL: What can we expect next? When do you foresee Congress taking any action on the bill?

MR: We have been told that action in Congress will move as quickly as possible, while we are all mindful the economic stimulus measures are among the top priorities. In the past, the bill has been heard in U.S. Senate Committee on Indian Affairs and U.S. House of Representatives Natural Resources Committee. If committee hearings are required yet again, this will likely be the next steps.

KWOL: Does this reintroduction have any special importance with the ceded lands case being heard by the U.S. Supreme Court on Feb. 25? Does it also have any significant impact on the ceded lands moratorium bills being debated at the state Legislature?

MR: Yes, timely enactment of the Akaka bill continues to be important. The Hawai'i Supreme Court's decision on the ceded lands case is firmly based on the Hawai'i State Constitution, statutes and case law. Our state's highest court correctly interpreted Hawai'i trust law to reach both a legally correct and morally just decision.
The Hawai'i Supreme Court opinion explained that "the issue of Native Hawaiian title to the ceded lands will be addressed through the political process." The Apology Law, similar state legislation and the proposed Akaka Bill all recognize that the overthrow of the Kingdom of Hawai'i was illegal and that the Native Hawaiian people have unresolved claims to the lands.
 
KWOL: Any final thoughts?

MR: We are all in this place together. This is a critical time for Native Hawaiians and all Hawai'i. Read the bill, get informed about the true facts, do not rely on rumors, misinformation, false information or fears intentionally spread to confuse the public. Please get involved in some way. Actively seek accurate information, write a letter to the editor and communicate your questions, perspectives, and we hope your support, to your elected representatives. Email or call Office of Hawaiian Affairs staff for more information. Visit www.nativehawaiians.com.

What we do or do not understand, what we do or do not do today matters a great deal to our grandchildren and future generations.