The Hawai'i Attorney General is comparing notes on the NHGRA.

FINDING COMMON GROUND

Changes proposed to Native Hawaiian
Government Reorganization Act

Ka Wai Ola Loa Staff

As the Native Hawaiian Government Reorganization Act of 2009 – more commonly known as the Akaka Bill – proceeds through the Congress of the United States, questions and concerns have come up among Native Hawaiians and non-Hawaiians alike. The bill would set up a process for Native Hawaiians to establish a government-to-government relationship with the U.S. government guaranteed by the Constitution and on par with the political organization of America's other indigenous peoples.

To help all understand the complex legislation, the Office of Hawaiian Affairs aired two television forums earlier this month with community leaders and legal experts to answer questions about the bill.

"This is a complicated bill. We want to help both Hawaiians and non-Hawaiians alike to understand what this bill means, answer people's questions, and help everyone prepare for what we believe will be successful passage of this landmark legislation," said OHA Chief Executive Office Clyde Nāmu'o, who served as moderator for the television shows, available for viewing at oha.org.

One of the biggest confusions about the legislation is the difference between the Senate and House versions of the bill. The House version is very similar to the bill advanced through Congress last year, while the Senate version contained several substantive amendments.

On January 20, 2010, Attorney General Mark Bennett, with the concurrence of Governor Lingle, sent his letter transmitting proposed amendments to S. 1011 Substitute Amendment to the Hawai'i Congressional Delegation.

Attorney General Bennett has included in his proposed amendments some changes to the bill that address issues raised by OHA. These proposed changes addressing issues raised by OHA, are consistent with constitutional and statutory requirements.

It is anticipated that the next step is an opportunity for the Attorney General and OHA to discuss concerns with the Hawai'i Congressional Delegation and U.S. Department of Justice to find common ground to achieve passage of a Hawaiian recognition bill that is fair and empowering for Native Hawaiians, and beneficial for all Hawai'i.

You'll also see here a copy of the Attorney General's letter; the proposed amendments in a redlined version of the substitute amendment; and a document that sets forth each proposed amendment accompanied by a brief explanatory rationale for each proposed amendment.