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The Honolulu Advertiser
Updated at 1:10 p.m., Wednesday, February 4, 2009

Akaka bill supporters launch new effort

By Dennis Camire
Advertiser Washington Bureau

WASHINGTON — Supported by a Hawaii-born president friendly to their cause and an increased Democratic majority in Congress, Senate and House sponsors introduced bills today to create a process for Native Hawaiian self-government, opening the latest round of a battle started in 2000 for approval of the idea.

Rep. Neil Abercrombie, D-Hawaii, a House sponsor, said the legislation was important not only to Native Hawaiians but to everyone in Hawai`i.

"It provides a process to address longstanding issues facing Hawai`i's indigenous peoples and the state of Hawai`i," he said.

The bills introduced in the House and Senate are identical to a Native Hawaiian bill the House approved in 2000 only to see Republican opposition stall it in the Senate.

Sen. Dan Akaka, D-Hawaii, a Senate sponsor, said it was necessary that Native Hawaiians be allowed to reorganize a government and enter into discussion with the federal and state governments.

"My bill would ensure there is a structured process by which Native Hawaiians and the people of Hawai`i can come together, resolve ... complicated issues and move forward together as a state," said Akaka, who is of Native Hawaiian ancestry.

Supporters might have their best chance ever of passing the bill in this Congress because Democrats increased their majorities in both the House and Senate, and Obama committed during his presidential campaign to sign it.

As a senator, Obama, who was born in Hawaii and graduated from Punahou School, voted in 2006 to bring the bill up for a debate and vote.

Sen. Daniel K. Inouye, D-Hawaii, said the Native Hawaiian bill was a "good bill and long overdue."

"The Hawaii congressional delegation will do its utmost to successfully pass this measure," he said.

The bill would create a process for reorganizing a Native Hawaiian government, including development of a roll of Native Hawaiians and election of an interim governing council. Once the government receives federal recognition, negotiations could take place on the disposition of Native Hawaiian land, natural resources and other assets.

The new bill discards changes made during the Bush administration to address some concerns the Justice Department raised. The changes included a prohibition against Native Hawaiians bringing land claims against the United States and a bar against a Native Hawaiian government authorizing gambling.

Republican opponents believe the legislation would create a race-based government for Native Hawaiians, setting a precedent for racial division and ethnic separatism.

But supporters, including Rep. Mazie Hirono, D-Hawaii, another sponsor, said the bill was a matter of fairness.

"It is a matter of decency — of human and civil rights — for the Congress to provide for a process of self-determination for an indigenous, native people," Hirono said.

Although the bill has passed the House twice — in 2000 and 2007 — Senate Republicans have used procedural roadblocks to stop action on it.

The closest the bill's supporters came in getting Senate action was in 2006 when they failed to garner the 60 votes needed to break a Republican filibuster that kept the bill from coming to the floor for a debate and vote.

Even through the chances are better for the bill in this Congress, it has a long way to go because it must start over. That means the bill must first get the approval of the Senate Indian Affairs Committee, where Akaka and Inouye are both members, before it can be brought to the floor there.

Once through the committee, the bill's supporters will have to compete with other legislation to have it scheduled for debate and a vote by the full chamber.

That may pose a problem because Congress has a full agenda of issues from completing an economic stimulus plan to dealing with the nation's budget for next year.

Jesse Broder Van Dyke, spokesman for Akaka, said no timeline has yet been established for getting the bill to the floor.

"The Senate is working on a number of matters important to the country dealing with the economic crisis," he said. "But we anticipate it coming to the floor sometime this Congress."

Reach Dennis Camire at dcamire@gns.gannett.com.