What is the Akaka Bill?
The Native Hawaiian Government Reorganization Act (NHGRA), known to many as the Akaka bill, reaffirms the political and legal relationship between Native Hawaiians and the U.S. The bill accords a process of reorganization and U.S. federal recognition of a Native Hawaiian governing entity. The bill was authored because a government-to-government relationship is the next step necessary to further the process of reconciliation between the U.S. and Native Hawaiians set forth in the 1993 Apology Resolution.
History and Current Status of the Bill in Congress
Hawai’i U.S. Senators Daniel K. Akaka and Daniel K. Inouye, U.S. Representatives Neil Abercrombie and Mazie Hirono re-introduced NHGRA in Congress, on May 7, 2009. They were joined by Republican and Democratic co-sponsors. To date, the bill passed out of the U.S. House of Representatives in 2000, 2007 and 2010, and has successfully passed out of the U.S. Senate Committee on Indian Affairs in 2000, 2001, 2003, 2005, 2007 and 2009. Extensive written and oral public testimonies on the bill have been received by Congress since 2000.
S. 1011 Substitute Amendment passed out of the Senate Committee on Indian Affairs in mid-December 2009, and a version of S. 1011 incorporating amendments addressing concerns raised by the Attorney General and by OHA passed out of the House as H.R. 2314 in the form of a Substitute Amendment on February 23, 2010. As of March 29, these two different versions of the bill are awaiting action by the full Senate. President Barack Obama said he will support NHGRA to become law.
Side-by-Side Comparison of H.R. 2314 and H.R. 2314 with Agreed-Upon Amendment
To view the side by side comparison of H.R .2314 click here
Inherent Sovereignty, Sovereign Immunity and the Native Hawaiian Government Reorganization Act
The Office of Hawaiian Affairs (OHA) presents, “Inherent Sovereignty, Sovereign Immunity and the Native Hawaiian Government Reorganization Act, ” to increase community understanding of the words, inherent sovereignty and sovereign immunity, in relation to the Native Hawaiian Government Reorganization Act, also known as the “Akaka bill.”
Two key points include:
All governments in the United States, Federal, State, Local and Native governments – receive their basic inherent sovereignty from the people. The inherent sovereignty of Native governments is derived from the people – sovereignty is not conferred upon Native governments by the Federal government.
Native sovereignty, like the sovereignty of our state and Federal governments, includes sovereign immunity – the right of the people’s government to be protected
OHA heard many ask for information to better understand these concepts, and the attached OHA paper was prepared to meet this community request. To download and view the PDF click here.