The fragmentation continues. Why the Hell don't they just secede? Oh, that's right, they'd lose their entitlements. "Glorifying your ethnicity" at it's finest. Who's next, the border states?
http://the.honoluluadvertiser.com/2000/Jul/06/localnews1.html
Native Hawaiian bill ready in Congress
By Susan Roth
Advertiser Washington Bureau
WASHINGTON — In a historic move toward establishing sovereignty, Native Hawaiians would create a governing body to control their own affairs under new federal legislation.
Sen. Daniel Akaka plans to introduce the measure in the Senate next week together with his colleague, Sen. Dan Inouye. At the same time, Rep. Neil Abercrombie will introduce the House bill together with Rep. Patsy Mink. All four are Hawai‘i Democrats.
For the first time, the bill would set forth a federal process that would allow Native Hawaiians to establish their own government, much like American Indian nations, which have government-to-government relations with the United States. The measure also would induce Native Hawaiians to formally define themselves for the first time.
The Senate Indian Affairs Committee plans public hearings on each of the main islands Aug. 7-11, but the times and locations have not been set.
Considerably changed from a first draft distributed in May, the bill also would recognize Native Hawaiians as an indigenous people with a special legal and political relationship with the United States, and a right to self-determination.
Akaka originally envisioned a two-step approach to sovereignty. The first bill would have clarified Native Hawaiians’ relationship with the federal government; the second bill would have addressed sovereignty issues.
But in an explanation of the new version distributed this week, Akaka and the rest of the congressional delegation said reactions to the first draft revealed a widespread view that the two steps should be combined.
Rice-vs.-Cayetano aspects
In addition to clarifying the U.S.-Native Hawaiian relationship and moving toward sovereignty, the bill seeks to protect programs and services for Native Hawaiians in the wake of the Rice vs. Cayetano decision by the Supreme Court.
In February, the court struck down the Hawaiians-only voting restriction in elections for trustees for the state Office of Hawaiian Affairs. But the decision did not address the programs that officials feel now may be threatened by other potential legal challenges.
Lawmakers initially wanted to introduce the legislation in June. But congressional staff say they do not believe that the delay will significantly hurt the bill’s chances of passage this year, even though there are only a few weeks left before Congress adjourns to focus on the coming elections.
Members of the delegation still intend to push the bill through Congress before adjournment to take advantage of assured backing as long as the Clinton administration is in power.
Akaka and other members of the delegation declined to comment on the new bill, saying they wanted to wait until they formally introduce it next week.
This week, they are seeking further response from the more than 80 people who commented on the first draft. In a conference call tomorrow morning, congressional staff members plan to discuss the revisions with the review group, which includes Native Hawaiians, state and federal officials, American Indian leaders and constitutional scholars.
The bill would give Native Hawaiians a year to develop a list of all individuals who can prove lineal descent to the aboriginal, indigenous people who lived in the Hawaiian Islands on Jan. 1, 1893, the year in which Americans overthrew the monarchy and seized control for the United States.
Proof of lineage
Proof of that descent can be found in genealogical records, native records, government birth or death records or other vital statistics. The U.S. Interior Department would have to review and certify the list to ensure compliance with federal law.
Adults on the list would be eligible to elect a Native Hawaiian Interim Governing Council, which would develop bylaws and a constitution for the governing body. The council then would distribute copies of the legal framework to all those adults on the list, who would vote to ratify the bylaws and constitution and elect a leadership.
When the governing body’s leadership is elected, the interim council would cease to hold authority.
Once the leadership is elected, the bill provides for federal recognition and the establishment of a government-to-government relationship between the governing body and the United States.
The bill’s language is designed to provide maximum flexibility to Native Hawaiians to set the structure of both the interim council and the governing body, as well as to answer the fundamental question of who is a Native Hawaiian.
Native Hawaiians long have struggled with this issue through arguments about blood quantum. In its explanation of the new bill, the delegation says "the Native Hawaiian community" will resolve it "in determining membership eligibility for the Native Hawaiian governing body."
While the first draft of the measure would have set up a federal Office of Native Hawaiian Affairs within the Interior Department, the new version would change its name to "Office of the Special Trustee for Native Hawaiian Affairs."
State-federal distinction
Delegation members say this was intended to eliminate confusion with the state Office of Hawaiian Affairs, and also elevate the federal office to set it directly under the Interior secretary.
The office is intended to coordinate federal efforts to focus on Native Hawaiian issues and assist in the process of self-determination and sovereignty, not take over programs administered by other departments, such as Education and Health and Human Services.
In another name change, the former "Native Hawaiian Interagency Council" was changed to "Native Hawaiian Interagency Task Force" to better reflect its proposed job of coordinating federal agencies’ policy-makers who deal with Native Hawaiian issues.
Another change in the new bill responds to comments seeking greater Justice Department involvement in the self-determination process. The measure would require the attorney general to designate an official to work directly with the Office of the Special Trustee to protect the rights of Native Hawaiians and their relationship with the United States.
Sub-head:
Hawaiian community has mixed reaction
( http://the.honoluluadvertiser.com/2000/Jul/06/localnews12.html )
SIDEBAR:
Key provisions of sovereignty legislation to be proposed in Congress:
Native Hawaiians will develop a list of adults who can trace ancestry to the indigenous population in 1893, the year of the overthrow of the monarchy.
Those adults will elect a Native Hawaiian Interim Governing Council, which drafts a constitution for a governing body.
Those adults will vote on whether to ratify the constitution and elect leaders.
The new governing body will have a government-to-government relationship with the United States.
© COPYRIGHT 2000 The Honolulu Advertiser
http://the.honoluluadvertiser.com/2000/Jul/06/localnews1.html
Native Hawaiian bill ready in Congress
By Susan Roth
Advertiser Washington Bureau
WASHINGTON — In a historic move toward establishing sovereignty, Native Hawaiians would create a governing body to control their own affairs under new federal legislation.
Sen. Daniel Akaka plans to introduce the measure in the Senate next week together with his colleague, Sen. Dan Inouye. At the same time, Rep. Neil Abercrombie will introduce the House bill together with Rep. Patsy Mink. All four are Hawai‘i Democrats.
For the first time, the bill would set forth a federal process that would allow Native Hawaiians to establish their own government, much like American Indian nations, which have government-to-government relations with the United States. The measure also would induce Native Hawaiians to formally define themselves for the first time.
The Senate Indian Affairs Committee plans public hearings on each of the main islands Aug. 7-11, but the times and locations have not been set.
Considerably changed from a first draft distributed in May, the bill also would recognize Native Hawaiians as an indigenous people with a special legal and political relationship with the United States, and a right to self-determination.
Akaka originally envisioned a two-step approach to sovereignty. The first bill would have clarified Native Hawaiians’ relationship with the federal government; the second bill would have addressed sovereignty issues.
But in an explanation of the new version distributed this week, Akaka and the rest of the congressional delegation said reactions to the first draft revealed a widespread view that the two steps should be combined.
Rice-vs.-Cayetano aspects
In addition to clarifying the U.S.-Native Hawaiian relationship and moving toward sovereignty, the bill seeks to protect programs and services for Native Hawaiians in the wake of the Rice vs. Cayetano decision by the Supreme Court.
In February, the court struck down the Hawaiians-only voting restriction in elections for trustees for the state Office of Hawaiian Affairs. But the decision did not address the programs that officials feel now may be threatened by other potential legal challenges.
Lawmakers initially wanted to introduce the legislation in June. But congressional staff say they do not believe that the delay will significantly hurt the bill’s chances of passage this year, even though there are only a few weeks left before Congress adjourns to focus on the coming elections.
Members of the delegation still intend to push the bill through Congress before adjournment to take advantage of assured backing as long as the Clinton administration is in power.
Akaka and other members of the delegation declined to comment on the new bill, saying they wanted to wait until they formally introduce it next week.
This week, they are seeking further response from the more than 80 people who commented on the first draft. In a conference call tomorrow morning, congressional staff members plan to discuss the revisions with the review group, which includes Native Hawaiians, state and federal officials, American Indian leaders and constitutional scholars.
The bill would give Native Hawaiians a year to develop a list of all individuals who can prove lineal descent to the aboriginal, indigenous people who lived in the Hawaiian Islands on Jan. 1, 1893, the year in which Americans overthrew the monarchy and seized control for the United States.
Proof of lineage
Proof of that descent can be found in genealogical records, native records, government birth or death records or other vital statistics. The U.S. Interior Department would have to review and certify the list to ensure compliance with federal law.
Adults on the list would be eligible to elect a Native Hawaiian Interim Governing Council, which would develop bylaws and a constitution for the governing body. The council then would distribute copies of the legal framework to all those adults on the list, who would vote to ratify the bylaws and constitution and elect a leadership.
When the governing body’s leadership is elected, the interim council would cease to hold authority.
Once the leadership is elected, the bill provides for federal recognition and the establishment of a government-to-government relationship between the governing body and the United States.
The bill’s language is designed to provide maximum flexibility to Native Hawaiians to set the structure of both the interim council and the governing body, as well as to answer the fundamental question of who is a Native Hawaiian.
Native Hawaiians long have struggled with this issue through arguments about blood quantum. In its explanation of the new bill, the delegation says "the Native Hawaiian community" will resolve it "in determining membership eligibility for the Native Hawaiian governing body."
While the first draft of the measure would have set up a federal Office of Native Hawaiian Affairs within the Interior Department, the new version would change its name to "Office of the Special Trustee for Native Hawaiian Affairs."
State-federal distinction
Delegation members say this was intended to eliminate confusion with the state Office of Hawaiian Affairs, and also elevate the federal office to set it directly under the Interior secretary.
The office is intended to coordinate federal efforts to focus on Native Hawaiian issues and assist in the process of self-determination and sovereignty, not take over programs administered by other departments, such as Education and Health and Human Services.
In another name change, the former "Native Hawaiian Interagency Council" was changed to "Native Hawaiian Interagency Task Force" to better reflect its proposed job of coordinating federal agencies’ policy-makers who deal with Native Hawaiian issues.
Another change in the new bill responds to comments seeking greater Justice Department involvement in the self-determination process. The measure would require the attorney general to designate an official to work directly with the Office of the Special Trustee to protect the rights of Native Hawaiians and their relationship with the United States.
Sub-head:
Hawaiian community has mixed reaction
( http://the.honoluluadvertiser.com/2000/Jul/06/localnews12.html )
SIDEBAR:
Key provisions of sovereignty legislation to be proposed in Congress:
Native Hawaiians will develop a list of adults who can trace ancestry to the indigenous population in 1893, the year of the overthrow of the monarchy.
Those adults will elect a Native Hawaiian Interim Governing Council, which drafts a constitution for a governing body.
Those adults will vote on whether to ratify the constitution and elect leaders.
The new governing body will have a government-to-government relationship with the United States.
© COPYRIGHT 2000 The Honolulu Advertiser
