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85–424 PDF 2003

S. HRG. 108–27

POLICY OF THE UNITED STATES REGARDING

RELATIONSHIP WITH NATIVE HAWAIIANS AND

TO PROVIDE A PROCESS FOR THE RECOGNITION BY THE UNITED STATES OF THE NATIVE

HAWAIIAN GOVERNING ENTITY

HEARING

BEFORE THE

COMMITTEE ON INDIAN AFFAIRS

UNITED STATES SENATE

ONE HUNDRED EIGHTH CONGRESS

FIRST SESSION

ON

S. 344

EXPRESSING THE POLICY OF THE UNITED STATES REGARDING THE

UNITED STATES RELATIONSHIP WITH NATIVE HAWAIIANS AND TO

PROVIDE A PROCESS FOR THE RECOGNITION BY THE UNITED STATES

OF THE NATIVE HAWAIIAN GOVERNING ENTITY

FEBRUARY 25, 2003

WASHINGTON, DC

(
COMMITTEE ON INDIAN AFFAIRS

BEN NIGHTHORSE CAMPBELL, Colorado, Chairman

DANIEL K. INOUYE, Hawaii, Vice Chairman

JOHN McCAIN, Arizona,

PETE V. DOMENICI, New Mexico

CRAIG THOMAS, Wyoming

ORRIN G. HATCH, Utah

JAMES M. INHOFE, Oklahoma

GORDON SMITH, Oregon

LISA MURKOWSKI, Alaska

KENT CONRAD, North Dakota

HARRY REID, Nevada

DANIEL K. AKAKA, Hawaii

BYRON L. DORGAN, North Dakota

TIM JOHNSON, South Dakota

MARIA CANTWELL, Washington

PAUL MOOREHEAD, Majority Staff Director/Chief Counsel

PATRICIA M. ZELL, Minority Staff Director/Chief Counsel

(II)
(III)

C O N T E N T S

Page

S. 344, text of ........................................................................................................... 2

Statements:

Akaka, Hon. Daniel K., U.S. Senator from Hawaii ....................................... 25

Apoliona, Haunani, chairperson, Board of Trustees, Office of Hawaiian

Affairs ............................................................................................................ 39

Campbell, Hon. Ben Nighthorse, U.S. Senator from Colorado, chairman,

Committee on Indian Affairs ....................................................................... 24

Case, Hon. Ed, U.S. Representative from Hawaii ......................................... 27

Faleomavaega, Hon. Eni, U.S. Delegate from American Samoa .................. 29

Inouye, Hon. Daniel K., U.S. Senator from Hawaii, vice chairman, Committee on Indian Affairs ............................................................................... 1

Kane, Micah A., director, Department of Hawaiian Home Lands ................ 36

Lingle, Linda, Governor, Hawaii ..................................................................... 32

APPENDIX

Prepared statements:

Alaska Federation of Natives .......................................................................... 48

Apoliona, Haunani ............................................................................................ 51

Berish, George L. (with attachment) .............................................................. 68

Burgess, H. William (with attachments) ........................................................ 72

Carter, Dallas, student, ................................................................................... 222

Ingham, David (with attachments) ................................................................. 163

Kane, Micah A. ................................................................................................. 45

Kelly, Marion (with attachments) ................................................................... 177

Kitsu, Susan H., president, Japanese American Citizens League ............... 189

Kuhea, Kealoha (with attachment) ................................................................. 194

Lee Loy, Emmett E., attorney at law (with attachments) ............................ 197

Lingle, Linda ..................................................................................................... 46

Rose, Charles, president, Association of Hawaiian Civic Clubs ................... 212

Additional material submitted for the record:

Letters ............................................................................................................... 235

(1)

NATIVE HAWAIIAN RECOGNITION

TUESDAY, FEBRUARY 25, 2003

U.S. SENATE,

COMMITTEE ON INDIAN AFFAIRS,

Washington, DC.

The committee met, pursuant to notice, at 9:36 a.m. in room 485,

Senate Russell Building, Hon. Daniel K. Inouye (vice chairman of

the committee) presiding.

Present: Senators Inouye, Akaka, Campbell, and Murkowski.

STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM

HAWAII, VICE CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS

Senator INOUYE. The Committee on Indian Affairs meets this

morning to receive testimony on S. 344, a bill expressing the policy

of the United States regarding the United States relationship with

Native Hawaiians and to provide a process for the recognition by

the United States of the Native Hawaiian governing entity, and for

other purposes.

This measure, S. 344, was introduced by Senator Daniel Akaka

on February 12, 2003, and was referred to this committee. It is my

honor to serve as an original cosponsor of this measure.

[Text of S. 344 follows:]
2

1

II

108TH CONGRESS

1ST SESSION S. 344

Expressing the policy of the United States regarding the United States

relationship with Native Hawaiians and to provide a process for the

recognition by the United States of the Native Hawaiian governing

entity, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 11, 2003

Mr. AKAKA (for himself and Mr. INOUYE) introduced the following bill; which

was read twice and referred to the Committee on Indian Affairs

A BILL

Expressing the policy of the United States regarding the

United States relationship with Native Hawaiians and

to provide a process for the recognition by the United

States of the Native Hawaiian governing entity, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS.

4 Congress makes the following findings:

5 (1) The Constitution vests Congress with the

6 authority to address the conditions of the indige7 nous, native people of the United States.
3

2

•S 344 IS

1 (2) Native Hawaiians, the native people of the

2 Hawaiian archipelago which is now part of the

3 United States, are indigenous, native people of the

4 United States.

5 (3) The United States has a special trust rela6 tionship to promote the welfare of the native people

7 of the United States, including Native Hawaiians.

8 (4) Under the treaty making power of the

9 United States, Congress exercised its constitutional

10 authority to confirm a treaty between the United

11 States and the government that represented the Ha12 waiian people, and from 1826 until 1893, the United

13 States recognized the independence of the Kingdom

14 of Hawaii, extended full diplomatic recognition to

15 the Hawaiian Government, and entered into treaties

16 and conventions with the Hawaiian monarchs to gov17 ern commerce and navigation in 1826, 1842, 1849,

18 1875, and 1887.

19 (5) Pursuant to the provisions of the Hawaiian

20 Homes Commission Act, 1920 (42 Stat. 108, chap21 ter 42), the United States set aside 203,500 acres

22 of land in the Federal territory that later became

23 the State of Hawaii to address the conditions of Na24 tive Hawaiians.
4

3

•S 344 IS

1 (6) By setting aside 203,500 acres of land for

2 Native Hawaiian homesteads and farms, the Act as3 sists the Native Hawaiian community in maintaining

4 distinct native settlements throughout the State of

5 Hawaii.

6 (7) Approximately 6,800 Native Hawaiian les7 sees and their family members reside on Hawaiian

8 Home Lands and approximately 18,000 Native Ha9 waiians who are eligible to reside on the Home

10 Lands are on a waiting list to receive assignments

11 of land.

12 (8) In 1959, as part of the compact admitting

13 Hawaii into the United States, Congress established

14 the Ceded Lands Trust for 5 purposes, 1 of which

15 is the betterment of the conditions of Native Hawai16 ians. Such trust consists of approximately 1,800,000

17 acres of land, submerged lands, and the revenues de18 rived from such lands, the assets of which have

19 never been completely inventoried or segregated.

20 (9) Throughout the years, Native Hawaiians

21 have repeatedly sought access to the Ceded Lands

22 Trust and its resources and revenues in order to es23 tablish and maintain native settlements and distinct

24 native communities throughout the State.
5

4

•S 344 IS

1 (10) The Hawaiian Home Lands and the Ceded

2 Lands provide an important foundation for the abil3 ity of the Native Hawaiian community to maintain

4 the practice of Native Hawaiian culture, language,

5 and traditions, and for the survival of the Native

6 Hawaiian people.

7 (11) Native Hawaiians have maintained other

8 distinctly native areas in Hawaii.

9 (12) On November 23, 1993, Public Law 103–

10 150 (107 Stat. 1510) (commonly known as the Apol11 ogy Resolution) was enacted into law, extending an

12 apology on behalf of the United States to the Native

13 people of Hawaii for the United States role in the

14 overthrow of the Kingdom of Hawaii.

15 (13) The Apology Resolution acknowledges that

16 the overthrow of the Kingdom of Hawaii occurred

17 with the active participation of agents and citizens

18 of the United States and further acknowledges that

19 the Native Hawaiian people never directly relin20 quished their claims to their inherent sovereignty as

21 a people over their national lands to the United

22 States, either through their monarchy or through a

23 plebiscite or referendum.

24 (14) The Apology Resolution expresses the com25 mitment of Congress and the President to acknowl-
6

5

•S 344 IS

1 edge the ramifications of the overthrow of the King2 dom of Hawaii and to support reconciliation efforts

3 between the United States and Native Hawaiians;

4 and to have Congress and the President, through the

5 President’s designated officials, consult with Native

6 Hawaiians on the reconciliation process as called for

7 under the Apology Resolution.

8 (15) Despite the overthrow of the Hawaiian

9 Government, Native Hawaiians have continued to

10 maintain their separate identity as a distinct native

11 community through the formation of cultural, social,

12 and political institutions, and to give expression to

13 their rights as native people to self-determination

14 and self-governance as evidenced through their par15 ticipation in the Office of Hawaiian Affairs.

16 (16) Native Hawaiians also give expression to

17 their rights as native people to self-determination

18 and self-governance through the provision of govern19 mental services to Native Hawaiians, including the

20 provision of health care services, educational pro21 grams, employment and training programs, chil22 dren’s services, conservation programs, fish and

23 wildlife protection, agricultural programs, native lan24 guage immersion programs and native language im25 mersion schools from kindergarten through high
7

6

•S 344 IS

1 school, as well as college and master’s degree pro2 grams in native language immersion instruction, and

3 traditional justice programs, and by continuing their

4 efforts to enhance Native Hawaiian self-determina5 tion and local control.

6 (17) Native Hawaiians are actively engaged in

7 Native Hawaiian cultural practices, traditional agri8 cultural methods, fishing and subsistence practices,

9 maintenance of cultural use areas and sacred sites,

10 protection of burial sites, and the exercise of their

11 traditional rights to gather medicinal plants and

12 herbs, and food sources.

13 (18) The Native Hawaiian people wish to pre14 serve, develop, and transmit to future Native Hawai15 ian generations their ancestral lands and Native Ha16 waiian political and cultural identity in accordance

17 with their traditions, beliefs, customs and practices,

18 language, and social and political institutions, and to

19 achieve greater self-determination over their own af20 fairs.

21 (19) This Act provides for a process within the

22 framework of Federal law for the Native Hawaiian

23 people to exercise their inherent rights as a distinct

24 aboriginal, indigenous, native community to reorga25 nize a Native Hawaiian governing entity for the pur-
8

7

•S 344 IS

1 pose of giving expression to their rights as native

2 people to self-determination and self-governance.

3 (20) The United States has declared that—

4 (A) the United States has a special respon5 sibility for the welfare of the native peoples of

6 the United States, including Native Hawaiians;

7 (B) Congress has identified Native Hawai8 ians as a distinct indigenous group within the

9 scope of its Indian affairs power, and has en10 acted dozens of statutes on their behalf pursu11 ant to its recognized trust responsibility; and

12 (C) Congress has also delegated broad au13 thority to administer a portion of the Federal

14 trust responsibility to the State of Hawaii.

15 (21) The United States has recognized and re16 affirmed the special trust relationship with the Na17 tive Hawaiian people through the enactment of the

18 Act entitled ‘‘An Act to provide for the admission of

19 the State of Hawaii into the Union’’, approved

20 March 18, 1959 (Public Law 86–3; 73 Stat. 4) by—

21 (A) ceding to the State of Hawaii title to

22 the public lands formerly held by the United

23 States, and mandating that those lands be held

24 in public trust for 5 purposes, one of which is
9

8

•S 344 IS

1 for the betterment of the conditions of Native

2 Hawaiians; and

3 (B) transferring the United States respon4 sibility for the administration of the Hawaiian

5 Home Lands to the State of Hawaii, but retain6 ing the authority to enforce the trust, including

7 the exclusive right of the United States to con8 sent to any actions affecting the lands which

9 comprise the corpus of the trust and any

10 amendments to the Hawaiian Homes Commis11 sion Act, 1920 (42 Stat. 108, chapter 42) that

12 are enacted by the legislature of the State of

13 Hawaii affecting the beneficiaries under the

14 Act.

15 (22) The United States continually has recog16 nized and reaffirmed that—

17 (A) Native Hawaiians have a cultural, his18 toric, and land-based link to the aboriginal, na19 tive people who exercised sovereignty over the

20 Hawaiian Islands;

21 (B) Native Hawaiians have never relin22 quished their claims to sovereignty or their sov23 ereign lands;

24 (C) the United States extends services to

25 Native Hawaiians because of their unique sta-
10

9

•S 344 IS

1 tus as the aboriginal, native people of a once

2 sovereign nation with whom the United States

3 has a political and legal relationship; and

4 (D) the special trust relationship of Amer5 ican Indians, Alaska Natives, and Native Ha6 waiians to the United States arises out of their

7 status as aboriginal, indigenous, native people

8 of the United States.

9 SEC. 2. DEFINITIONS.

10 In this Act:

11 (1) ABORIGINAL, INDIGENOUS, NATIVE PEO12 PLE.—The term ‘‘aboriginal, indigenous, native peo13 ple’’ means those people whom Congress has recog14 nized as the original inhabitants of the lands and

15 who exercised sovereignty prior to European contact

16 in the areas that later became part of the United

17 States.

18 (2) APOLOGY RESOLUTION.—The term ‘‘Apol19 ogy Resolution’’ means Public Law 103–150 (107

20 Stat. 1510), a joint resolution extending an apology

21 to Native Hawaiians on behalf of the United States

22 for the participation of agents of the United States

23 in the January 17, 1893, overthrow of the Kingdom

24 of Hawaii.
11

10

•S 344 IS

1 (3) CEDED LANDS.—The term ‘‘ceded lands’’

2 means those lands which were ceded to the United

3 States by the Republic of Hawaii under the Joint

4 Resolution to provide for annexing the Hawaiian Is5 lands to the United States of July 7, 1898 (30 Stat.

6 750), and which were later transferred to the State

7 of Hawaii in the Act entitled ‘‘An Act to provide for

8 the admission of the State of Hawaii into the

9 Union’’ approved March 18, 1959 (Public Law 86–

10 3; 73 Stat. 4).

11 (4) INDIGENOUS, NATIVE PEOPLE.—The term

12 ‘‘indigenous, native people’’ means the lineal de13 scendants of the aboriginal, indigenous, native peo14 ple of the United States.

15 (5) INTERAGENCY COORDINATING GROUP.—The

16 term ‘‘Interagency Coordinating Group’’ means the

17 Native Hawaiian Interagency Coordinating Group

18 established under section 5.

19 (6) NATIVE HAWAIIAN.—

20 (A) Prior to the recognition by the United

21 States of the Native Hawaiian governing entity,

22 the term ‘‘Native Hawaiian’’ means the indige23 nous, native people of Hawaii who are the di24 rect lineal descendants of the aboriginal, indige25 nous, native people who resided in the islands
12

11

•S 344 IS

1 that now comprise the State of Hawaii on or

2 before January 1, 1893, and who occupied and

3 exercised sovereignty in the Hawaiian archipel4 ago, including the area that now constitutes the

5 State of Hawaii, and includes all Native Hawai6 ians who were eligible in 1921 for the programs

7 authorized by the Hawaiian Homes Commission

8 Act (42 Stat. 108, chapter 42) and their lineal

9 descendants.

10 (B) Following the recognition by the

11 United States of the Native Hawaiian govern12 ing entity, the term ‘‘Native Hawaiian’’ shall

13 have the meaning given to such term in the or14 ganic governing documents of the Native Ha15 waiian governing entity.

16 (7) NATIVE HAWAIIAN GOVERNING ENTITY.—

17 The term ‘‘Native Hawaiian governing entity’’

18 means the governing entity organized by the Native

19 Hawaiian people.

20 (8) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of the Interior.

22 SEC. 3. UNITED STATES POLICY AND PURPOSE.

23 (a) POLICY.—The United States reaffirms that—
13

12

•S 344 IS

1 (1) Native Hawaiians are a unique and distinct,

2 indigenous, native people, with whom the United

3 States has a political and legal relationship;

4 (2) the United States has a special trust rela5 tionship to promote the welfare of Native Hawaiians;

6 (3) Congress possesses the authority under the

7 Constitution to enact legislation to address the con8 ditions of Native Hawaiians and has exercised this

9 authority through the enactment of—

10 (A) the Hawaiian Homes Commission Act,

11 1920 (42 Stat. 108, chapter 42);

12 (B) the Act entitled ‘‘An Act to provide for

13 the admission of the State of Hawaii into the

14 Union’’, approved March 18, 1959 (Public Law

15 86–3; 73 Stat. 4); and

16 (C) more than 150 other Federal laws ad17 dressing the conditions of Native Hawaiians;

18 (4) Native Hawaiians have—

19 (A) an inherent right to autonomy in their

20 internal affairs;

21 (B) an inherent right of self-determination

22 and self-governance; and

23 (C) the right to reorganize a Native Ha24 waiian governing entity; and
14

13

•S 344 IS

1 (5) the United States shall continue to engage

2 in a process of reconciliation and political relations

3 with the Native Hawaiian people.

4 (b) PURPOSE.—It is the intent of Congress that the

5 purpose of this Act is to provide a process for the recogni6 tion by the United States of a Native Hawaiian governing

7 entity for purposes of continuing a government-to-govern8 ment relationship.

9 SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE

10 FOR NATIVE HAWAIIAN RELATIONS.

11 (a) IN GENERAL.—There is established within the

12 Office of the Secretary the United States Office for Native

13 Hawaiian Relations.

14 (b) DUTIES OF THE OFFICE.—The United States Of15 fice for Native Hawaiian Relations shall—

16 (1) effectuate and coordinate the trust relation17 ship between the Native Hawaiian people and the

18 United States, and upon the recognition of the Na19 tive Hawaiian governing entity by the United States,

20 between the Native Hawaiian governing entity and

21 the United States through the Secretary, and with

22 all other Federal agencies;

23 (2) continue the process of reconciliation with

24 the Native Hawaiian people, and upon the recogni25 tion of the Native Hawaiian governing entity by the
15

14

•S 344 IS

1 United States, continue the process of reconciliation

2 with the Native Hawaiian governing entity;

3 (3) fully integrate the principle and practice of

4 meaningful, regular, and appropriate consultation

5 with the Native Hawaiian governing entity by pro6 viding timely notice to, and consulting with the Na7 tive Hawaiian people and the Native Hawaiian gov8 erning entity prior to taking any actions that may

9 have the potential to significantly affect Native Ha10 waiian resources, rights, or lands;

11 (4) consult with the Interagency Coordinating

12 Group, other Federal agencies, and with relevant

13 agencies of the State of Hawaii on policies, prac14 tices, and proposed actions affecting Native Hawai15 ian resources, rights, or lands; and

16 (5) prepare and submit to the Committee on

17 Indian Affairs and the Committee on Energy and

18 Natural Resources of the Senate, and the Committee

19 on Resources of the House of Representatives an an20 nual report detailing the activities of the Interagency

21 Coordinating Group that are undertaken with re22 spect to the continuing process of reconciliation and

23 to effect meaningful consultation with the Native

24 Hawaiian governing entity and providing rec25 ommendations for any necessary changes to existing
16

15

•S 344 IS

1 Federal statutes or regulations promulgated under

2 the authority of Federal law.

3 SEC. 5. NATIVE HAWAIIAN INTERAGENCY COORDINATING

4 GROUP.

5 (a) ESTABLISHMENT.—In recognition of the fact that

6 Federal programs authorized to address the conditions of

7 Native Hawaiians are largely administered by Federal

8 agencies other than the Department of the Interior, there

9 is established an interagency coordinating group to be

10 known as the ‘‘Native Hawaiian Interagency Coordinating

11 Group’’.

12 (b) COMPOSITION.—The Interagency Coordinating

13 Group shall be composed of officials, to be designated by

14 the President, from—

15 (1) each Federal agency that administers Na16 tive Hawaiian programs, establishes or implements

17 policies that affect Native Hawaiians, or whose ac18 tions may significantly or uniquely impact on Native

19 Hawaiian resources, rights, or lands; and

20 (2) the United States Office for Native Hawai21 ian Relations established under section 4.

22 (c) LEAD AGENCY.—The Department of the Interior

23 shall serve as the lead agency of the Interagency Coordi24 nating Group, and meetings of the Interagency Coordinat25 ing Group shall be convened by the lead agency.
17

16

•S 344 IS

1 (d) DUTIES.—The responsibilities of the Interagency

2 Coordinating Group shall be—

3 (1) the coordination of Federal programs and

4 policies that affect Native Hawaiians or actions by

5 any agency or agencies of the Federal Government

6 which may significantly or uniquely impact on Na7 tive Hawaiian resources, rights, or lands;

8 (2) to assure that each Federal agency develops

9 a policy on consultation with the Native Hawaiian

10 people, and upon recognition of the Native Hawaiian

11 governing entity by the United States, consultation

12 with the Native Hawaiian governing entity; and

13 (3) to assure the participation of each Federal

14 agency in the development of the report to Congress

15 authorized in section 4(b)(5).

16 SEC. 6. PROCESS FOR THE RECOGNITION OF THE NATIVE

17 HAWAIIAN GOVERNING ENTITY.

18 (a) RECOGNITION OF THE NATIVE HAWAIIAN GOV19 ERNING ENTITY.—The right of the Native Hawaiian peo20 ple to organize for their common welfare and to adopt ap21 propriate organic governing documents is hereby recog22 nized by the United States.

23 (b) PROCESS FOR RECOGNITION.—

24 (1) SUBMITTAL OF ORGANIC GOVERNING DOCU25 MENTS.—Following the organization of the Native
18

17

•S 344 IS

1 Hawaiian governing entity, the adoption of organic

2 governing documents, and the election of officers of

3 the Native Hawaiian governing entity, the duly elect4 ed officers of the Native Hawaiian governing entity

5 shall submit the organic governing documents of the

6 Native Hawaiian governing entity to the Secretary.

7 (2) CERTIFICATIONS.—

8 (A) IN GENERAL.—Within 90 days of the

9 date that the duly elected officers of the Native

10 Hawaiian governing entity submit the organic

11 governing documents to the Secretary, the Sec12 retary shall certify that the organic governing

13 documents—

14 (i) establish the criteria for citizenship

15 in the Native Hawaiian governing entity;

16 (ii) were adopted by a majority vote of

17 the citizens of the Native Hawaiian govern18 ing entity;

19 (iii) provide for the exercise of govern20 mental authorities by the Native Hawaiian

21 governing entity;

22 (iv) provide for the Native Hawaiian

23 governing entity to negotiate with Federal,

24 State, and local governments, and other

25 entities;
19

18

•S 344 IS

1 (v) prevent the sale, disposition, lease,

2 or encumbrance of lands, interests in

3 lands, or other assets of the Native Hawai4 ian governing entity without the consent of

5 the Native Hawaiian governing entity;

6 (vi) provide for the protection of the

7 civil rights of the citizens of the Native

8 Hawaiian governing entity and all persons

9 subject to the authority of the Native Ha10 waiian governing entity, and ensure that

11 the Native Hawaiian governing entity exer12 cises its authority consistent with the re13 quirements of section 202 of the Act of

14 April 11, 1968 (25 U.S.C. 1302); and

15 (vii) are consistent with applicable

16 Federal law and the special trust relation17 ship between the United States and the in18 digenous native people of the United

19 States.

20 (B) BY THE SECRETARY.—Within 90 days

21 of the date that the duly elected officers of the

22 Native Hawaiian governing entity submit the

23 organic governing documents to the Secretary,

24 the Secretary shall certify that the State of Ha25 waii supports the recognition of a Native Ha-
20

19

•S 344 IS

1 waiian governing entity by the United States as

2 evidenced by a resolution or act of the Hawaii

3 State legislature.

4 (C) RESUBMISSION IN CASE OF NON5 COMPLIANCE WITH FEDERAL LAW.—

6 (i) RESUBMISSION BY THE SEC7 RETARY.—If the Secretary determines that

8 the organic governing documents, or any

9 part thereof, are not consistent with appli10 cable Federal law, the Secretary shall re11 submit the organic governing documents to

12 the duly elected officers of the Native Ha13 waiian governing entity along with a jus14 tification for each of the Secretary’s find15 ings as to why the provisions are not con16 sistent with such law.

17 (ii) AMENDMENT AND RESUBMISSION

18 BY THE NATIVE HAWAIIAN GOVERNING EN19 TITY.—If the organic governing documents

20 are resubmitted to the duly elected officers

21 of the Native Hawaiian governing entity by

22 the Secretary under clause (i), the duly

23 elected officers of the Native Hawaiian

24 governing entity shall—
21

20

•S 344 IS

1 (I) amend the organic governing

2 documents to ensure that the docu3 ments comply with applicable Federal

4 law; and

5 (II) resubmit the amended or6 ganic governing documents to the Sec7 retary for certification in accordance

8 with the requirements of this para9 graph.

10 (D) CERTIFICATIONS DEEMED MADE.—

11 The certifications authorized in subparagraph

12 (B) shall be deemed to have been made if the

13 Secretary has not acted within 90 days of the

14 date that the duly elected officers of the Native

15 Hawaiian governing entity have submitted the

16 organic governing documents of the Native Ha17 waiian governing entity to the Secretary.

18 (3) FEDERAL RECOGNITION.—Notwithstanding

19 any other provision of law, upon the election of the

20 officers of the Native Hawaiian governing entity and

21 the certifications by the Secretary required under

22 paragraph (1), the United States hereby extends

23 Federal recognition to the Native Hawaiian govern24 ing entity as the representative governing body of

25 the Native Hawaiian people.
22

21

•S 344 IS

1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated such sums as

3 may be necessary to carry out the activities authorized in

4 this Act.

5 SEC. 8. REAFFIRMATION OF DELEGATION OF FEDERAL AU6 THORITY; NEGOTIATIONS.

7 (a) REAFFIRMATION.—The delegation by the United

8 States of authority to the State of Hawaii to address the

9 conditions of the indigenous, native people of Hawaii con10 tained in the Act entitled ‘‘An Act to provide for the ad11 mission of the State of Hawaii into the Union’’ approved

12 March 18, 1959 (Public Law 86–3; 73 Stat. 5) is hereby

13 reaffirmed.

14 (b) NEGOTIATIONS.—Upon the Federal recognition

15 of the Native Hawaiian governing entity by the United

16 States, the United States is authorized to negotiate and

17 enter into an agreement with the State of Hawaii and the

18 Native Hawaiian governing entity regarding the transfer

19 of lands, resources, and assets dedicated to Native Hawai20 ian use to the Native Hawaiian governing entity. Nothing

21 in this Act is intended to serve as a settlement of any

22 claims against the United States.

23 SEC. 9. APPLICABILITY OF CERTAIN FEDERAL LAWS.

24 (a) INDIAN GAMING REGULATORY ACT.—Nothing

25 contained in this Act shall be construed as an authoriza26 tion for the Native Hawaiian governing entity to conduct
23

22

•S 344 IS

1 gaming activities under the authority of the Indian Gam2 ing Regulatory Act (25 U.S.C. 2701 et seq.).

3 (b) BUREAU OF INDIAN AFFAIRS.—Nothing con4 tained in this Act shall be construed as an authorization

5 for eligibility to participate in any programs and services

6 provided by the Bureau of Indian Affairs for any persons

7 not otherwise eligible for such programs or services.

8 SEC. 10. SEVERABILITY.

9 In the event that any section or provision of this Act

10 is held invalid, it is the intent of Congress that the remain11 ing sections or provisions of this Act shall continue in full

12 force and effect.

Æ
24

Senator INOUYE. Before I call upon members of this committee,

I would like to remind those present here today, and those who are

watching this hearing, of the historical events that have brought us

here today. On January 17, 1893, the Government of Hawaii was

overthrown with the assistance and direct involvement of the U.S.

minister, who authorized U.S. Marine troops to assist in the overthrow of a stable government. Prior to the overthrow, that government enjoyed international recognition from countries around the

world and carried on treaty relationships with Great Britain and

France.

One hundred years later, the U.S. Government approved a resolution now known as the ‘‘Apology Resolution,’’ in which the United

States formally extended an apology to the Native Hawaiian people

for America’s role in the overthrow of the government.

We are here this morning to consider a measure that would restore the government that represented the Native people of Hawaii

to its rightful status among domestic sovereigns of the United

States, in the same manner that other governments representing

the Native peoples of the United States are recognized by the Federal Government.

With that, may I call upon the very distinguished chairman of

the committee, Senator Ben Nighthorse Campbell.

Mr. Chairman.

STATEMENT OF HON. BEN NIGHTHORSE CAMPBELL, U.S. SENATOR FROM COLORADO, CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS

The CHAIRMAN. Thank you, friend and vice chairman, Senator

Inouye. I apologize this morning that I have a conflict and I am not

going to be able to be here this morning. I will not take much time

with my opening statement before I go on to say that I have great

confidence and great faith in Senator Inouye’s knowledge and expertise in the matters at hand.

I wanted to also thank our distinguished witnesses for coming

such a great distance. I see a number of leis in the audience, and

I assume that all of those came from the great State of Hawaii.

Leaving that island paradise to come back here to all this ice and

snow must have been somewhat of a culture shock.

But I am looking forward to reading your testimony. I am encouraged that Governor Lingle, who is here in the audience somewhere—I wanted to congratulate you on your recent election, Governor Lingle. I understand you are the first woman Governor of

Hawaii, is that correct? Well, you have certainly been a pioneer in

the tradition of so many great Hawaiians, in a wonderful State of

great pioneers. I thank you for coming to testify, too.

I would also say that Secretary Norton has offered her support,

too, for this. She has made some very favorable comments recognizing Native Hawaiians. This committee has found time and again

that the best way to improve the lives of Native peoples is to turn

over to their control the resources dedicated to their benefit. I am

certain that Governor Lingle will discover this to be true with Native Hawaiians, as we have with Native Americans.

At the hearing on September 14, 2000, several committee members, including myself, suggested that we should move very slowly
25

on this because it is an issue of great importance to Native Americans, and we have. With today’s hearing, this committee will have

had seven hearings and passed two bills on this matter. In addition, the House Resources Committee has held several hearings

and passed two bills, one of which was passed by the complete

House.

So I think we probably have moved along very, very carefully,

and I look forward to working with Senator Inouye, as I have always done. I wanted to just once again thank you very much for

appearing here today.

Thank you, Senator.

Senator INOUYE. I thank you very much, Mr. Chairman.

Now, it is my great privilege to call upon the author of this

measure, the Akaka bill, Senator Daniel Akaka.

STATEMENT OF HON. DANIEL K. AKAKA, U.S. SENATOR FROM

HAWAII

Senator AKAKA. Thank you very much, Senator Inouye. Mr.

Chairman, I appreciate your convening this hearing.

I want to say aloha to Governor Lingle, Trustee Haunani

Apoliona, and Micah A. Kane, Chairman of Hawaiian Home Lands

Commission. Thank you for joining us this morning.

I also welcome the newest member of our delegation, Representative Ed Case. Your testimony is vitally important as representatives of the people of Hawaii.

I also want to say mahalo to our brother from Samoa. He will

be here to testify before us this morning, and has been very supportive of our efforts.

I have repeatedly stated that Native Hawaiian issues are nonpartisan, because all of us in Hawaii recognize the need to address

the conditions of Hawaii’s indigenous peoples, Native Hawaiians.

This is sometimes difficult for colleagues in Congress to understand, given the diversity and unique qualities of Hawaii’s people.

All of us respect and recognize the need to preserve the culture

and traditions of Hawaii’s indigenous peoples. Your appearance

this morning, Governor Lingle, demonstrates the importance that

all people in Hawaii place on the need to address the conditions of

Native Hawaiians. I want to thank you for appearing before the

committee this morning.

As a Native Hawaiian, I firmly believe that it is important to understand the ways of our ancestors and honor our culture and traditions. In this day and age, it is also important to appreciate all

cultures and all traditions. As indigenous peoples, we must be able

to function effectively between indigenous and non-indigenous settings.

The Federal policy of self-determination and self-governance and

the partnerships formed between the United States and Native

governments is an appropriate avenue to accomplish this goal. For

that reason, we have worked to draft legislation which would extend the Federal policy of self-determination and self-governance to

Native Hawaiians.

The political relationship made possible by this policy is an important element in the process of reconciliation between the United

States and the Native Hawaiian people. It is with the goal of rec-
26

onciliation that I have pursued passage of this legislation and

worked on all other issues of concern to Native Hawaiians.

The legislation would also establish an office in the Department

of the Interior to address Native Hawaiian issues and to continue

the process of reconciliation pursuant to legislation that we worked

on for 5 years already, and saw signed into law a decade ago. I am

referring to Public Law 103–150, commonly referred to as the Apology Resolution. The Apology Resolution was significant not only because it apologized to Native Hawaiians for the participation of

U.S. agents in the overthrow of the Kingdom of Hawaii, but also

because it commits the United States to a process of reconciliation.

Reconciliation is an incremental dialog between Native Hawaiians and the United States. It is a structured process to address

the many longstanding issues resulting from the overthrow of the

Kingdom of Hawaii. In addition to continuing this process of reconciliation, the office would serve as a liaison between Native Hawaiians and the Federal Government, and would assist at facilitating the government to government relationship.

The bill would also establish an interagency working group composed of Federal officials representing agencies with policies that

impact Native Hawaiians.

This bill is not race-based. Instead, this bill recognizes the legal

and political relationship between the United States and the aboriginal indigenous peoples who occupy the lands now comprising

the United States who were sovereigns, who existed prior to the

formation of the United States—American Indians, Alaska Natives,

and Native Hawaiians.

This legislation would not adversely impact program funding for

Indian Country, as appropriations for Native Hawaiian programs

have been and will continue to be separate from programs addressing the needs of American Indians and Alaska Natives. The bill explicitly states that it does not authorize additional eligibility for

programs administered by the Bureau of Indian Affairs.

In addition, this bill would not authorize gaming under the Indian Gaming Regulatory Act.

Finally, this bill is widely supported by the State of Hawaii, as

evidenced by two resolutions unanimously passed by the Hawaii

State legislature, and by the appearance of our Governor Lingle,

who also supports this bill. This bill is also widely supported in Indian Country, as reflected in the resolutions of support repeatedly

passed by the National Congress of American Indians and the Alaska Federation of Natives.

Mr. Chairman, this bill was originally drafted based on input

from five working groups consisting of representatives from Federal

agencies, State agencies, the Native Hawaiian community, and the

Native American community and constitutional scholars with expertise in Federal Indian law.

We relied heavily on input from the Native Hawaiian community. Over 100 people were initially involved in the drafting of this

legislation. Hearings were held in Hawaii and in Washington, DC

during the 106th Congress. After considering testimony and input

that we continue to receive, we modified the legislation during the

107th Congress. S. 344 is identical to legislation reported by this

committee during the 107th Congress.
27

Mr. Chairman, I will continue to consider all input and testimony received on this measure and to work with my colleagues to

enact this measure, which is so vital to the people of Hawaii. I also

want to thank the delegation for the kind of support that we have

had as we worked together to pass this bill.

Thank you very much, Mr. Chairman.

Senator INOUYE. I thank you very much, Senator Akaka.

Pursuant to the tradition of the committee and the Congress, we

will first call upon congressional witnesses. Before I do, without objection the statement of Congressman Neil Abercrombie will be

made part of the record.

[Referenced document appears in appendix.]

Senator INOUYE. Mr. Chairman.

The CHAIRMAN. Mr. Chairman, I am going to apologize. I am

going to have to excuse myself to go to another hearing. My apologies, too, to Congressman Case that I will not be able to hear his

testimony, but I will certainly review it.

I just wanted to tell you that I think that that pretty lady that

just came up and gave me these wonderful flowers probably sealed

my vote on this issue. [Laughter.]

Senator INOUYE. It is now my great pleasure and privilege to call

upon the new member of the Hawaii congressional delegation, Congressman Ed Case.

Representative Case.

STATEMENT OF HON. ED CASE, U.S. REPRESENTATIVE FROM

HAWAII

Mr. CASE. Mr. Chairman and members of the Senate Committee

on Indian Affairs, good morning and aloha.

Mahalo, or thank you very much, for holding today’s hearing on

S. 344, legislation introduced by both of Hawaii’s Senators to affirm

the longstanding political relationship between Native Hawaiians,

the indigenous peoples of our Hawaii, and our Federal Government, and to extend to Native Hawaiians the time-honored Federal

policy of self-determination provided other indigenous peoples

under U.S. jurisdiction. Companion legislation, H.R. 665, has been

introduced in the House by me and the fourth colleague from Hawaii, Representative Abercrombie. I know that all of us join together in welcoming our Governor, our Office of Hawaiian Affairs

trustees, and all of our ohana here in Hawaii to our Nation’s capital.

Mr. Chairman, allow me to be very direct. This is the most crucial piece of Hawaii legislation to come before Congress since our

Statehood bill. The stakes are nothing more or less than the survival and prosperity not only of our indigenous Native Hawaiian

people and culture, but of the very soul of Hawaii as we know it

and love it.

You will hear passionate testimony today from my colleague and

friend, Haunani Apoliona, reciting the often difficult history of the

relationship between our country and the Native Hawaiian people,

and asking for fairness, justice and further healing. For them and

for me, that history and call alone provide the basis for Federal

recognition.
28

But I speak to you today on behalf of all of Hawaii’s people, and

all those worldwide for whom Hawaii, in all of her forms, be they

natural, environmental, cultural, social, or spiritual, is a truly special and unique place. I say to you that that Hawaii—the Hawaii

that is the indigenous home of all Native Hawaiians, that my own

ancestors and many other non–Native Hawaiians committed themselves to since recorded Western discovery in 1778, and that so

many throughout the world continue to view as a beacon for what

can be in our world—that Hawaii has never been so at risk as it

is today.

It is at risk because it is a creation of and rests upon the foundation of our Native Hawaiian people and culture, and their survival

and prosperity are at risk. As they go, so goes Hawaii as we know

it. And Hawaii which is not Hawaiian is not a Hawaii I can bear

to accept.

So our goal is not only reaffirming the longstanding historical

and legal relationship between Native Hawaiians and the United

States, not only delivering fairness and justice to Native Hawaiians, but ensuring the very survival and prosperity of our Native

Hawaiian people and culture and, through them, Hawaii itself.

This is a truly common goal, evidenced before you today not only

by a united congressional delegation, but by the testimony you will

hear, which spans ethnic, partisan and other distinctions.

The goal of assisting Native Hawaiians is not new to our Federal

Government. Beyond a longstanding relationship that was reaffirmed when Hawaii became a territory in 1900 and a State in

1959, over 160 Federal statutes have enacted programs to address

the conditions of Native Hawaiians in areas such as Hawaiian

home lands, health, education and economic development. These

have been matched by State and quasi-autonomous entities such as

Trustee Apoliona’s Office of Hawaiian Affairs, and private entities

like the Kamehameha Schools. They have borne fruit with a renewed focus on unique Native Hawaiian needs, and a true renaissance of Native Hawaiian culture.

Federal recognition is the means by which these indispensable

efforts can be carried forward into the next generation of Native

Hawaiian governance. Federal recognition is also the time-honored

means of memorializing our government’s relationship with the indigenous peoples of the contiguous 48 States and Alaska. There, either government-to-government treaties or the Bureau of Indian

Affairs recognition process or legislative recognition from this Congress have extended self-determination and affirmed relationships.

Although the difference between those peoples and Native Hawaiians is exclusively geographic, such means have simply not been either available or exercised in the case of Native Hawaiians.

Nor is the concept of extending Federal recognition to Native Hawaiians a new one. The enactment into law in 1993 of the Apology

Resolution, Public Law 103–150, expressed a national commitment

to reconciliation efforts between Native Hawaiians and the Federal

Government.

Subsequent efforts through the Departments of Justice and Interior, as well as the White House Initiative on Asian Americans and

Pacific Islanders, established by Executive orders on a bipartisan

basis by both Presidents Clinton and Bush, yielded Federal rec-
29

ognition legislation and the inclusion of Native Hawaiians in Federal programs and services as top priorities.

For all of these reasons, the time has clearly come for all of us

to move resolutely into this relationship in order to resolve longstanding issues and ensure the survival and prosperity of the Native Hawaiian people and culture, and for all of us of their special

home.

So in that spirit, for all of us in Hawaii, Mr. Chair and committee members, I express my heartfelt appreciation for your understanding and leadership, and urge the passage of S. 344.

Mahalo and Aloha.

Senator INOUYE. Thank you very much, Congressman Case. We

look forward to working with you, with the hope that someday soon

we will achieve the goal that we have been seeking for many years

now.

Mr. CASE. Thank you very much.

Senator INOUYE. Senator Akaka, do you have any questions?

Senator AKAKA. No.

Senator INOUYE. I thank you very much, sir.

Mr. CASE. Thank you.

Senator INOUYE. And now it is my pleasure to introduce and to

receive the testimony of the congressman from Alaska—no, from

Samoa, the Honorable Eni Faleomavaega.

[Laughter.]

Senator INOUYE. I am sorry, sir. The snow just reminded me of

Alaska. [Laughter.]

STATEMENT OF HON. ENI FALEOMAVAEGA, U.S. DELEGATE

FROM AMERICAN SAMOA

Mr. FALEOMAVAEGA. Thank you, Mr. Chairman. I am afraid Alaska is a little too big for me. I will settle for my little islands in the

South Pacific.

Mr. Chairman and distinguished members of the Senate Committee on Indian Affairs, I want to thank you for the opportunity

to testify in support of this proposed bill, which I believe will establish a firm foundation and a more defined relationship between the

Native Hawaiian community and the United States.

I want to say personally also the chairman of this important

committee to thank him for his sensitivity and the outstanding

leadership that he has demonstrated over the years whenever the

question of rights of indigenous peoples of our Nation are in question. Over the years, it was my privilege to work closely with

Chairman Campbell when he was a member of the House Interior

Committee, before becoming a U.S. Senator.

I can also sense, Mr. Chairman, that Senator Campbell as a Native American himself can certainly appreciate the anger, the frustrations, and tribulations that the Native Hawaiian people have

had to endure for over 100 years now, not only having lost their

sense of identity as a sovereign people, but not having to organize

themselves in such a way that this unique relationship that they

now seek is in accordance with the Constitution and Federal laws

of the United States.

I would be remiss if I did not also express my deepest appreciation to you, Mr. Chairman, the senior Senator from the State of
30

Hawaii, Senator Daniel Inouye, who is currently the vice chairman

of this committee, and my good friend and colleague, Senator Daniel Akaka, for your both outstanding service and leadership that

you have demonstrated, not only to the people of Hawaii who you

represent, but especially for your sincere efforts to assist the Native Hawaiian people.

I commend also my colleague and good friend, Congressman Neil

Abercrombie, for his tireless efforts in addressing this important

issue for the past several years. I also commend a new member of

the Hawaii congressional delegation, Congressman Ed Case, who I

knew when he served as a staffer to the late Senator Spark Matsunaga.

Mr. Chairman, as you are aware, the bill that is now before you

and the members of the committee is not a new subject matter.

However, members of both chambers of Congress raised certain

issues that I believe the Hawaii congressional delegation has tried

earnestly to resolve. One issue was the question of whether or not

currently Federal funding for decrease in financial needs of Native

Hawaiians were to be included in the funds specifically allocated

for American Indians and Native Alaskans. I believe, Mr. Chairman, that this important issue was addressed quite adequately by

the Hawaii congressional delegation in the previous Congress,

given the fact that proceeds that have been received for the benefit

of Native Hawaiians were derived from ceded lands that were

under both the Federal Government and the State of Hawaii.

It should also be noted that whatever additional Federal assistance programs that were provided for Native Hawaiians were

never taken from the American Indian and Native Alaskan funds.

Mr. Chairman, there are also those who make the argument that

American Indians are specifically cited under the provisions of the

Constitution as a sovereign entity, and that Congress is directed to

conduct commerce and trade with the ‘‘Indians,’’ but no where in

the Constitution does one define or find Native Hawaiians as being

inclusive in the definition of ‘‘Indian.’’ To those who make that argument, at this point I would like to say that neither was there

any mention in the Constitution of Native Alaskans. By its mandate from the Constitution, the Congress of the United States

clearly passed Federal legislation to recognize Native Alaskans also

as a sovereign people.

Some have argued that if Congress recognizes Native Hawaiians

in the same way American Indians and Native Alaskans are categorized as a sovereign people under the U.S. Constitution, that

this would violate again the equal protection clause of the Constitution. This is clearly not true, Mr. Chairman, since Congress by its

mandate from the Constitution may establish rules and regulations

that provide for Native Hawaiians as a sovereign people, and may

also assist Native Hawaiians on how to organize themselves as a

self-governing political entity in the same manner in which American Indians and Native Alaskan tribes are recognized as sovereign

nations within the context of a government to government relationship with both States and the U.S. Government.

An example that comes to mind is the organization and political

structure of the Navajo Nation, which is composed of some 250,000

Navajos. Considered the most populous of all American Indian
31

tribes, ownership of lands and minerals by the Navajo encompass

four States, including Utah, Arizona, Colorado, and New Mexico. I

do not mean to suggest that the Native Hawaiians adopt the same

kind of government structure like the Navajo Nation. But out of

some 1.2 million who claim residency in Hawaii, more than 300,000

are Native Hawaiians and tens of thousand more Native Hawaiians reside outside of the State of Hawaii.

This gives me hope and confidence, Mr. Chairman, that Native

Hawaiians should be given the same opportunity to organize themselves as a political entity, and section six of the proposed bill gives

a step by step approach on how this governing entity is to establish

itself to be duly recognized by the Federal Government.

Mr. Chairman, I also fully support the provisions of sections four

and five of S. 344, which seek to establish an office within the Department of the Interior and a Federal interagency group that periodically will meet to discuss issues that address the need of Native

Hawaiians and that of the Federal Government. I believe it is wise

and prudent that Native Hawaiian issues need not be included as

a subdivision of the Bureau of Indian Affairs, given the fact that

the BIA is tremendously understaffed and overloaded with responsibility of trying to administer Federal programs that provide for

some 595 federally recognized American Indian Nations.

Mr. Chairman, I submit that the vast majority of our fellow

Americans today are not at all familiar with the history of the

State of Hawaii, and how these islands ended up being annexed as

a territory of the United States, and over 100 years later now the

50th State of the Union.

People often think that Californians, Texans, and Washingtonians are the same as Hawaiians. The situation becomes worse,

Mr. Chairman, when visitors from the continental United States

look upon Native Hawaiians only to perceive them as a bunch of

Natives dancing with hula skirts and still live in grass shacks and

play their ukuleles without thought of having to work and earn a

living to support their families.

On the contrary, Mr. Chairman, nothing could be further from

the truth. Native Hawaiian people are one of the most educated

among all the residents of Hawaii. Native Hawaiians have excelled

in just about every major profession known in any community. Native Hawaiians are trained in the fields of medicine, in law, in engineering and physics. There are chemists, even pharmacists. Yes,

Native Hawaiians are also admirals and generals in the U.S.

armed forces. Mr. Chairman, many Native Hawaiians also fought

and died in defense of our Nation.

Mr. Chairman, as members of the polynesian race, the Native

Hawaiian people are exceedingly proud of their cultural heritage.

Their cultural roots extend as far south as their Maori cousins in

New Zealand, and to the other islands of the Pacific settled by

their cousins the Rapa Nui or Easter Islanders, the Tahitians, the

Rorotongas, the Samoans and the Tongans. For many years before

the establishment of the Hawaiian Kingdom under the rule of Kamehameha the Great, a Hawaiian prophet by the name of

Keaulumoku prophesied the day would come when the social order

and religious rites of the Hawaiian people would be completely
32

changed due to their being exposed to outside influences from people who come from foreign lands.

Mr. Chairman, that day has come, and I believe the provisions

of the proposed legislation clearly identifies the historical events

governing the status of Native Hawaiians. It is now up to Congress

to make a formal statement as a matter of Federal policy that Native Hawaiians should be officially declared not only as a trust responsibility of the U.S. Congress, but there should also be a distinct historical. Although there are distinct historical and cultural

differences existing among American Indians, Native Alaskans and

Native Hawaiians, there is a commonality among all three groups,

Mr. Chairman, and that is they are all indigenous Native inhabitants of what we now consider the United States.

Given this commonality, Mr. Chairman, I also submit that it is

now time for the U.S. Congress to officially recognize Native Hawaiians as a sovereign people with the same rights and privileges

as American Indians and Native Alaskans.

I thank the Chairman for allowing me to testify, and I would

gladly respond to any questions.

Senator INOUYE. I thank you very much, Congressman

Faleomavaega.

May I note the presence of our new Senator from the State of

Alaska, Lisa Murkowski. We are pleased to have you here. We miss

your father, but I think you are a better replacement. [Laughter.]

Senator INOUYE. Now it is my pleasure to call upon our new Governor from the State of Hawaii. The last monarch of Hawaii was

a lady, Queen Lili’uokalani. Our Governor today is a lady, Linda

Lingle, Governor of the State of Hawaii.

Governor Lingle, welcome, ma’am.

STATEMENT OF HON. LINDA LINGLE, GOVERNOR, STATE OF

HAWAII ACCOMPANIED BY MICAH A. KANE, DIRECTOR, DEPARTMENT OF HAWAIIAN HOME LANDS

Ms. LINGLE. Thank you very much. Senator Inouye, Senator

Akaka, Senator Murkowski, I want to thank you for inviting me to

appear before you today at this very important hearing.

For the record, I am Linda Lingle, Governor of the great State

of Hawaii, and it really is an honor for me to be here.

I came to Washington, DC to accomplish two things. One is to

testify before you on the passage of Native Hawaiian Federal recognition; and the second is to convince people in the Administration

that this was something good for all the people in our State.

Every reporter who has interviewed me on this subject today and

previous to today has asked me, why did I come in person to testify. I want you to know this is the very first time I have ever testified before a committee of Congress. I was a mayor for 8 years, a

council member for 10, and there were many, many Federal issues

that came up that affected my community, but I never felt compelled before to come and speak in person from my heart about

why a bill before Congress was so important.

First, I want to thank Senators Inouye and Akaka for their perseverance on this issue. I am a johnny-come-lately to this. If I am

able in any way to help, it is going to be an honor, but it should

be pointed out that they have taken it through the very difficult
33

times when no one understood what this issue was, why it was important, or the significance to America. It is sort of like they moved

the ball down the field methodically play after play, and we can see

the goal line, and now collectively we have got to get this over that

goal line.

We recognize that there are always differences of opinion in our

approaches to many of the issues that we face, but all of us from

Hawaii recognize the importance of working together in a bipartisan way to achieve the great issues that are important to our

State. I want everyone in Congress to understand that the people

of Hawaii are united on this issue. In fact, Federal recognition for

Native Hawaiians is a plank in the Republican Party platform and

in the Democratic Party platform. I do not know many issues that

appear in quite the same way in both party platforms.

So we are united in asking Congress to pass the Akaka bill into

law, thereby reaffirming the political relationship between the

United States and the indigenous people of Hawaii.

The people of Hawaii respectfully submit that this is a matter of

simple justice. I have heard the arguments against the bill, as have

you, or against the concept of Federal recognition. I have heard

some people say that it is race-based and that it is favoring one

group over another. In fact, it is just the opposite. It is ending decades of discrimination against one group of indigenous people.

Alaska Natives, American Indians, who we admire and we respect

and who are indigenous to our country, have recognition. It is only

Native Hawaiians, they are the only indigenous people who have

not been so recognized. So it is the opposite of discriminating

against others. It is ending discrimination against the indigenous

people of Hawaii.

I have heard the claim that it would bring gambling. There is a

concern about gambling. All of us from Hawaii know that this is

not an issue. Senator Inouye, Senator Akaka, and myself have always been against gambling in Hawaii. The Native Hawaiians

have never enunciated a desire for legalized gambling. That is true

today and it has always been true, and it would be true with the

enactment of this bill.

Finally, I have heard that this bill would be divisive somehow.

It is the opposite of that. Again, justice cannot be divisive, and that

is all this is, it would bring justice to an issue and to a people and

to a State.

I have spent the last two days talking with the Attorney General

John Ashcroft; talking with Gale Norton, the Secretary of the Department of the Interior and people on her staff; talking with officials in the White House about why this is important. I want to

stress again, I feel that Senators Akaka and Inouye have worked

for so many years on this issue that they deserve the credit for

bringing this to this point. If, through bipartisanship, we can play

a small role and get people to see things in a way they have not

before or to see things for the first time, then it is just an honor

to play a small part.

When we leave Washington, not only will we be a lot warmer,

but we will have to get very focused on the follow-up that will be

necessary to see this through to completion. I feel in the past two

days myself, my chief of staff Bob Awana, Micah Kane, our Direc-
34

tor of the Department of Hawaiian Home Lands and others in our

party—I feel we have laid a good foundation, a foundation of

knowledge, and I hope of opening some doors, but I think it is only

the foundation. Whether we are to achieve our final goal will be determined by the follow-up that we do when we leave Washington,

DC I want you to know that although we are here in person today

to speak and we have been speaking to others for the last 2 days,

we feel this is just the beginning of our role, that we need to follow

this every day, all day, until we can bring this to completion.

I want to thank the Senators who are here this morning, and I

want to thank their staffs because we all know that the staffs play

a key role. They do for me as a Governor, and when I am dealing

with your offices the staffs have been tremendous to us, and I appreciate their help.

I look forward to continuing to work with you, Senator, on this

matter, and I am more optimistic than I was before I came a few

days ago. I am hopeful, but not over-confident, because I know that

there is a lot of work ahead, and I will look forward to working

with you, trustees from the Office of Hawaiian Affairs, and the people at home, to make sure that this matter of justice, this significant, but pure and simple matter of fairness gets resolved to the

benefit of the Native Hawaiians and all the people of Hawaii, and

to the integrity of the United States of America.

Thank you very much.

[Prepared statement of Ms. Lingle appears in appendix.]

Senator INOUYE. Thank you very much, Governor Lingle. We are

most grateful for your very gracious statement. It will be very helpful.

Do you have any statement to make, Mr. Kane?

Mr. KANE. No; not at this time, but I will save my comments for

my testimony.

Senator INOUYE. Then Governor Lingle, may I ask one question?

Ms. LINGLE. Yes, sir.

Senator INOUYE. In your statement, you alluded to spending 2

days in this Nation’s Capital meeting with officials. If it is possible,

can you provide us with some report on the outcome of your meetings with the Attorney General and with the Secretary of the Interior? I am certain all of us here would be most happy to learn your

achievements. We have heard some great things.

Ms. LINGLE. I believe ‘‘achievement’’ may be overstating the case,

Senator, but I do think we opened some doors and laid some foundation. I was quite surprised that the Attorney General really was

not very aware of this issue, had not established a position. He

took a lot of notes during our conversation. There were about eight

of us in on that meeting just from our side, and then a couple of

his staff members. He asked questions, he took notes, and he

pledged a willingness to discuss this issue and that he would look

into it further. I think that summarizes what his feeling was about

it.

The Department of the Interior, we talked on two levels, one in

brief conversation with the Secretary. I believe she has a number

of issues, and I believe we can address them. Some specific questions that she was asking, I would say generally my impression is

that she would like to see more definitiveness in certain aspects of
35

what this bill would do. Her staff I would say is very helpful and

cooperative, and working through the various issues with us. So I

felt a lot of support coming from Interior, but still some questions

remaining.

Senator INOUYE. I thank you very much, Governor.

Senator Akaka.

Senator AKAKA. Thank you very much, Mr. Chairman.

Governor Lingle, mahalo for your statement and for your support, and thank you for bringing your staff here. I am so happy as

I look out and see all the leis, and not only leis, but the faces of

Hawaii here with you. I want to say mahalo for bringing Micah

Kane with you, and also Darryl Yagodich. I also want to say that

the relationships we have had in days past have been good. They

certainly represent you and the State of Hawaii very well.

I commend you for appointing such a diverse cabinet, which features many Native Hawaiians. I continue to have discussions with

my colleagues about the diversity of the people of Hawaii. I have

shared with them the overwhelming support among all of Hawaii’s

citizens for efforts to preserve Native Hawaiian traditions and culture.

So my simple question to you is, would you agree that the people

of Hawaii have a special respect for Native Hawaiian culture?

Ms. LINGLE. I certainly would, Senator, and I would go a little

further than that. Not only do all people in Hawaii respect Native

Hawaiian culture, it is the foundation of our State. It is what

makes Hawaii, Hawaii. Whether you were born and raised in Hawaii or you came from another country or another State, it is very

quickly that you recognize that we are in a very unique place,

made unique because of the Native Hawaiian people and their culture, and their willingness to share it with the rest of us. So I

would agree with you that all people of Hawaii respect and admire

and our thankful for the Native Hawaiian culture.

Senator AKAKA. I also want to, in mentioning names, commend

you for also bringing your great staff, Bob Awana, your chief of

staff, and also Randy Roth and also the LG’s counsel, Robert Piper,

here.

The Hawaii State legislature, as I mentioned in my testimony,

has passed two current resolutions in support of Federal recognition for Native Hawaiians. I am just asking what you know about

this, has there ever been any change in the State legislature’s position?

Ms. LINGLE. Senator, I believe that the legislature will again

pass unanimously a resolution in support of this bill. I expect anytime this issue arises, it will be one of the only issues that the legislature perhaps can support in a unanimous fashion.

If I could request just a moment of indulgence to mention a couple of other people who are with me, Senator. Would that be all

right?

Senator AKAKA. Absolutely.

Ms. LINGLE. Because we really have applied a team concept to

this, each one of us doing what we do best. I would like to recognize my Senior Adviser for Communications Lenny Klompus, who

has done a good job here at the national level, helping me to get

this issue out before the public. I have been interviewed by Dave
36

Broder of the Washington Post. I am in New York the rest of this

week talking with other national media, talking about this and

other issues as it relates to Hawaii.

I also want to mention a volunteer who is with me today, but

who has been significant in our ability to move here in Washington. She is the National Committeewoman from the State of Hawaii for the Republican Party, Miriam Hellreich. She has been a

tremendous asset to us. She is here in the audience and cares very

deeply about this bill as well. So again, we want to apply a team

concept within my office, as well as between my office, the Office

of Hawaiian Affairs, and of course your own offices here.

Senator AKAKA. Thank you for mentioning them also. Let me further mention that we have here with us Tony Sang, who has joined

you as the chairman of the State Council of Hawaiian Homestead

Association, and Robin Danner, who is the vice chairperson. We are

delighted to have you.

Senator INOUYE. Thank you, Senator Akaka, and thank you once

again, Governor Lingle.

Before I ask for the next witness, we have questions that have

been submitted by the Chairman of the committee. If I may, I

would like to submit them to you for your response.

Ms. LINGLE. Yes.

Senator INOUYE. Thank you very much.

Thank you very much, Mr. Kane. We also have a question for

you, if you will respond to that.

Mr. KANE. Absolutely.

Senator INOUYE. Before I call upon the next witness——

Mr. KANE. I am sorry, Senator. I apologize if I did not communicate it, but I would like to testify, if I may.

Senator INOUYE. Please.

Mr. KANE. Thank you.

STATEMENT OF MICAH KANE, DIRECTOR, DEPARTMENT OF

HAWAIIAN HOME LANDS, STATE OF HAWAII

Mr. KANE. Hello, Senator Inouye, Senator Akaka, and other committee members that may be viewing this hearing today.

My name is Micah Kane. I am the Director of the State Department of Hawaiian Home Lands, here today to show support of this

measure.

The Department of Hawaiian Home Lands was established by an

act of Congress. In the early 1900’s, Congress recognized the hurt

of our culture and the near-extinction of our culture, and set aside

over 200,000 acres for the purpose of rehabilitating Native Hawaiians through homeownership and land stewardship. We know this

act as the Hawaiian Homes Commission Act of 1920. I am managed by a nine-member commission of which I serve as the chairman. I am appointed by the Governor, serve in her cabinet, and am

confirmed by the State legislature.

While that relationship state-to-state exists, the act requires

oversight by the Department of the Interior, so I have a direct relationship with the Department of the Interior. This relationship government-to-government has been in place for over 80 years, and it

is stronger now than it ever has been.
37

Today, more than 7,000 families reside on our lands, over 22,000

people, Native Hawaiians, throughout 30 communities and associations throughout our islands and our counties—communities that

have been established, that have democrat elections, that come before our Commission to represent their communities.

Senator Akaka, I want to thank you for recognizing two very important people to my Department and to our Commission, and that

is our State chairman for our Statewide association, Uncle Tony

Sang and his Vice Chairman, Robin Danner. I think it is an incredible statement for them to come this distance and it shows the importance of this issue to our community.

As our Governor has so eloquently stated, the support of this

issue is broad and it is deep. She mentioned the recognition of Native Hawaiians and the support of recognition in both of our party

platforms, as well as the recognition of Native Hawaiians in our

national platforms; unanimous support by our State legislature;

and our entire congressional delegation; but also most importantly

for me, our homestead communities.

Many people, at least over my short tenure in trying to get involved in this dialog, have spoken very passionately about the social impact that our department has and other departments, as

well as the economic impact from a program standpoint on the Federal funding that has occurred over the years. I do not want to take

away the importance of that, but if we set aside that issue, very

few people I think recognize the indirect impact recognition would

have on our economic situation back home.

The Akaka bill would begin to eliminate the legal problems and

uncertainties that have adversely affected our economies, like a silent but pretty effective means of shutting down some economic

arenas for us. These are issues related to property title, ceded

lands, and rights to natural resources like water and minerals.

This process would begin the healing and defining of these issues.

Risk of doing nothing puts us back into the courts, puts our department in the position of dedicating over thousands of hours of

manpower hours and millions of taxpayer dollars toward defending

Native Hawaiian rights and letting the courts define what those

rights should be. By moving this bill forward, it would have, I believe, a significant impact on allowing our State to move forward.

Last, I would like to touch on the effort today on behalf of this

delegation. As the Governor has said, we are a johnny-come-lately.

However, I believe past efforts have been defined by and framed by

challenges to our constitution. I think they have been improperly

framed by plaintiffs who have challenged our department and the

constitutionality of our department. I believe our effort here today

has given us an opportunity to step back and re-frame the issue

as an issue of justice, as an issue of equality, as an issue of States’

rights, and simply doing what is right.

All the people of Hawaii are not afraid of this process. We are

not fearful of this process. We embrace it. It is a great time for all

the people of Hawaii. It is clearly a great time for all the Native

Hawaiians. More Hawaiians serve in our Governor’s cabinet than

at any time in the history of our State. I think it shows the resilience of the Hawaiian people, and it shows that programs like the
38

Department of Hawaiian Home Lands are working, by our presence

here today.

I would like to thank Sheriff Holiona for the support she has

given me during this process, as well as all of the other Native Hawaiian leaders during this transition period. I would like to thank

our Governor for her support.

On behalf of my department and our constituents, again I want

to express our support for this measure and the opportunity to testify before you today.

Thank you.

[Prepared statement of Mr. Kane appears in appendix.]

Senator INOUYE. Mr. Kane, I thank you very much, not just for

the testimony, but your mere presence here at this gathering, because your presence is symbolically very important. In 1920, when

the Hawaiian Homes Commission Act was enacted into law, it was

a most definitive manner in which the United States demonstrated

that there was a special relationship between the government of

the United States and the Native people of Hawaii.

When Hawaii became a State in 1959, one of the provisions in

the Admissions Act was to transfer authority for the home lands

to the State. However, they left one clause in there, that says if the

State of Hawaii should make changes that would affect the trust

or the beneficiaries of the trust, it would be subject to approval by

the Congress. That indicates to me that the U.S. Government is

still involved in this special relationship. So your presence here is

extremely important.

I just have one question.

Mr. KANE. Yes, sir.

Senator INOUYE. If this measure is not considered and passed,

what do you think may be the outcome?

Mr. KANE. In the short term, it challenges our department daily.

There is not a day that goes by that I am not spending time defending our right to exist. We spend countless manpower hours trying to do what is right, to continue what the Act set us out to do.

So in the short term, it is a tremendous amount of time and a tremendous amount of taxpayer money being dedicated to something

that we believe should be done already. In the long run, it challenges the existence of our department. I cannot imagine being in

the position I am in today, wondering what the 22,000 constituents

I represent would do being removed from the land. I think it is

very deep and far-reaching.

Senator INOUYE. In other words, we have only one option—success.

Mr. KANE. Yes, sir.

Senator INOUYE. Governor Lingle, once again may I thank you

very much for your gracious statement, and may I assure you and

pledge to you the complete support and cooperation of the Hawaii

congressional delegation.

Ms. LINGLE. Thank you very much, Senator.

Senator INOUYE. Thank you very much.

Before I call upon the final witness, may I note that we have in

the audience four Alaskan Native leaders—the President of the

Alaska Federation of Natives, Ms. Julie Kitka, is here; the President of the Arctic Slope Native Corporation, Oliver Levitt is here;
39

the President and CEO of Sealaska Native Corporation, Chris

McNeil is here; and one of the great Alaska Native Leaders, Willie

Hensley is here. I, on behalf of the committee, thank all of you for

your presence and your support of this measure.

Now, I would like to call upon the chairperson of the constitutionally-recognized entity that represents Native Hawaiians in Hawaii, Haunani Apoliona.

Ms. APOLIONA. Aloha.

Senator INOUYE. Thank you very, very much. Madam Chair, before you proceed, I know there are other trustees of the Office of

Hawaiian Affairs here. May I just recognize them? Trustee Colette

Machado, Trustee Dante Carpenter, Trustee Oswald Stender,

Trustee John Waihee, IV, and Trustee Boyd Mossman. Unfortunately Trustee Rowena Akana cannot be with us. She is in Washington, but she had a matter of great importance to attend to. We

have former Hawaii Supreme Court Justice Klein here with us,

and we have Tony Sang, the president of the State Council of Hawaiian Homestead Associations, and Charles Rose, president of the

Hawaiian Civic Clubs.

Now, it is my great pleasure and privilege to call upon the Honorable Haunani Apoliona.

STATEMENT OF HAUNANI APOLIONA, CHAIR, BOARD OF

TRUSTEES, OFFICE OF HAWAIIAN AFFAIRS

Na ‘Oiwi ‘Olino

E o e na ‘oiwi ‘olino ‘ea

Na pulapula a Haloa ea

Mai Hawai‘i a Ni‘ihua ‘ea

A puni ke ao malamalama ‘ea e

Ku e au i ka hewa, ku‘e!

Ku au i ka pono, ku!

Ku‘e au i ka hewa, ku‘e!

Ku au i ka pono, ku!

Answer, O natives, those who seek knowledge

The descendants of Haloa

From Hawai‘i island in the east to Ni‘ihau in the west

And around this brilliant world

I resist injustice, resist!

I stand for righteousness, stand!

I resist injustice, resist!

I stand for righteousness, stand!

Ms. APOLIONA. Mahalo, Senator Inouye and Senator Akaka,

members of the U.S. Senate Committee on Indian Affairs, members

and staff, aloha.

I would also like to extend our greetings to our ohana from the

north and to our ohana across the other 48 States of this Nation.

And of course, aloha to Representative Case, Faleomavaega, Governor Lingle, Chairman Kane, and all those who come in support

of Federal recognition for Native Hawaiians.

I am Trustee Haunani Apoliona, chairperson of the Board of

Trustees of the Office of Hawaiian Affairs. I am pleased to highlight briefly some points made in the full text of my testimony, and
40

I ask that the official record of these proceedings reflect my complete testimony submitted earlier.

Before I proceed any further, Senator, you were gracious enough

to introduce our Trustees and our Board Counsel, Robert Klein and

Charles Rose, president of the Association of Hawaiian Civic Clubs.

I would also like to take a moment to introduce our staff who have

traveled with us from Hawaii—Clyde Namu’o, our administrator,

his administrative staff, Nani Lee, the woman who sealed the vote

with the chairman of this committee; and Peter Yee. And also to

introduce finally our staff from the Office of Hawaiian Affairs who

has just recently helped us to establish our Washington, DC bureau here at Connecticut Avenue, partnering with the National

Congress of American Indians, and that is our staff of the Washington, DC bureau of the Office of Hawaiian Affairs, Martha Ross.

Let me begin my comments as is customary by addressing you

in our traditional language.

E na alaka‘i a me na lala o keia Komike o na Kuleana ‘ilikini

o ka ‘Aha‘olelo Nui o ‘Amelika Hui Pu ‘ia, aloha mai kakou. He loa

ke ala i hele ‘ia e makou, na ‘oiwi ‘olino o Hawai‘i, a he ala i hehi

mua ‘ia e na ali‘i o makou, e la‘a, o ka Mo‘i Kalakaua, ke

Kamali‘iwahine Ka‘iulani a me ka mo‘iwahine hope o ke Aupuni

Mo‘i Hawai‘i, o ia ko makou ali‘i i aloha nui ‘ia, o Lil‘uokalani. A

he nui no ho‘i na Hawai‘i, kunou mai ai i mua o oukou e nana pono

mai i ke kulana o ka oiwi Hawai‘i, kona nohona, kona olakino, ka

ho‘ona‘auao a pela wale aku.

Ua pono ka helena hou a makou nei a loa‘a ka pono o ka ‘aina,

ke kulaiwi pa‘a mau o ka lahui ‘oiwi o Hawai‘i pae‘aina, o ia wale

no ka Hawai‘i. No laila, eia hou no ka oiwi ‘olino Hawai‘i he alo

a he alo, me ka ‘Aha‘olelo Nui.

To the leaders and members of this Committee on Indian Affairs

of the U.S. Congress, greetings. Long has been the road traveled

here by Native Hawaiians who dearly embrace wisdom and justice.

Indeed, a path tread upon by such royal nobility of our past such

as King Kalakaua, Princess Ka’iulani and our beloved last ruler of

the Hawaiian Kingdom, Queen Lili’uokalani. And still countless

other Native Hawaiians who have humbled themselves before this

body for your consideration on such critical Native issues as housing, health, education.

Again, we come before you urging consideration and affirming

the rights of Native Hawaiians as the sole indigenous people of our

ancient homeland, Hawaii. We come together again face to face,

Native Hawaiians and the Congress of the United States of America.

The United States has a unique legal and political relationship

with the indigenous people of Hawaii, and that relationship is embodied in a myriad of history, treaties, statutes, Executive orders

and court decisions. Once again, the congressional delegation from

the State of Hawaii seeks, with the assistance of many of their colleagues, to achieve a formal recognition of the special status the indigenous people of Hawaii have in the fabric of American political

relationships.

The Office of Hawaiian Affairs supports therefore the intent and

framework of S. 344, and its companion in the House of Represent-
41

atives, H.R. 665. As stated in our more complete testimony, I would

like to testify a few of the points made.

First, the relationship between the United States and the State

of Hawaii and Native Hawaiian people is a matter of written

record. Congress itself provided a factual account of the illegal

overthrow of 1893, and the annexation of 1898, in the Apology Bill,

Public Law 103–150, passed in 1993. We have in our testimony

provided additional history, cultural insights, and legal citations for

your consideration.

Reconciliation, described as a desired outcome of the passage of

Public Law 103–150, and recognition for Native Hawaiians recommended in the October 23, 2000 joint report of the Department

of the Interior and Department of Justice entitled Mauka to Makai:

The River of Justice Must Flow Freely. Thus far, the recommendations have been denied Native Hawaiians.

Our centuries-old culture, society, history, language, relationships and spiritual traditions flourished in the Hawaiian archipelago before the first Western contact, and live on today despite over

two centuries of contact with the West, despite more than a century of domination by an alien culture, and despite the threat of

assimilation and cultural genocide. Our traditional practices recognized by the State of Hawaii deserve recognition and protection

from the Federal Government as well.

The inseparable connectedness between Native Hawaiians and

our natural environment, the land, ocean, plant and animal life,

goes far beyond the Western ideology of a market economy. A ancient cosmogonic chant of creation known as the Kumulipo or

‘‘source from the dark’’ teaches the sibling relationship of all forms

of life in the universe. This relates directly to our interconnectedness and interdependence with the land and our concept of malama

aina, or care for the land.

Hawaiian recognition is about fairness and justice. The right of

self determination has been extended to the indigenous people of

every State in this union, save one, Hawaii and the Hawaiians. S.

344 and its House companion, H.R. 665 are initial, but significant

steps on the path toward reconciling historic wrongs to Hawaiians,

and advancing Hawaiians through Federal recognition toward a political relationship with the United States of America.

While Hawaiian ali‘i, monarchs such as Queen Lili’uokalani,

worked nearly alone in trying to gain the attention of congressional

leaders in the 19th century in pursuit of reconciling the history of

our people, Native Hawaiians in the 21st century are joined by

other citizens and indigenous people in this country who stand

with us in our pursuit of Federal recognition and reconciliation. For

this, we are grateful.

Indeed, we do not stand alone. We stand with the two other indigenous peoples of America and we appreciate their support. Federal policy on self-determination and self-governance currently extends to Alaska Natives and American Indians. Native Hawaiians,

the third indigenous people in these 50 States, seek parity in inclusion.

No laila, eia makou ma ka palena pau o keia noi ha‘aha‘a a

ha‘aheo, e ho‘olohe mai a e nana mai i ka ‘ike a me ka maopopo

pono o kulana ‘oiwi o ka Hawai‘i i kona ‘aina kulaiwi mai ke au
42

kahiko loa a ka wa pau ‘ole. He pono keia ‘olelo i mua o ‘oukou i ‘olelo i ‘oleo ‘ia me ka ikaika a me ka mana a me ke aloha o na

kupuna i hala, na Hawai‘i he lehu o keia au a me na hanauna e

puka a’e ana no. Mahalo nui, ke aloha no.

Therefore, as I approach the conclusion of this humble, yet cherished testimony, I ask that you listen and look upon us with wisdom and understanding on the status of the Native Hawaiians in

our ancient homeland.

What is said to you is offered in truth and is uttered with the

strength and power and love of our forebears, our ancestors, our

nearly 400,000 Native Hawaiians in Hawaii and on the continent,

and generations hence.

We appreciate the opportunity to present this testimony, and we

ask for your positive consideration of S. 344.

Mahalo.

[Prepared statement of Ms. Apoliona appears in appendix.]

Senator INOUYE. I thank you very much, Chair Apoliona. I am

certain all of us realize, as Chairman Campbell indicated, that the

measure before us is the result of seven hearings. One of those

hearings was held in August 2000 in Hawaii, and lasted for 5 days.

I am certain some of you recall that hundreds of Native Hawaiians

presented testimony, both oral and written.

We are hoping that this measure, with amendments if such be

necessary, will soon be forwarded to the executive for his signature.

This is an important measure, and as a result we will keep the

record open until March 20. If any of you wish to review your testimony and make addendums; if any of you wish to correct your

statements, please feel free to do so. If there are those who wish

to submit statements, you are free to do so, but we would like to

receive them before March 20.

There are several milestones that have had some important impacts upon the Native people of Hawaii. The first was in 1778

when the Western world came to Hawaii with the so-called discovery of the islands by Captain Cook. Next, was the overthrow of

Queen Lili’uokalani in January 1893. History shows that this was

done with the cooperation of the minister of the United States and

the use of the U.S. Marines.

Then in 1921, the Hawaiian Homes Commission Act became law,

thereby officially recognizing that there was a special relationship

between the United States and the Native people of Hawaii. On

August 21, 1959, came Statehood, but even with Statehood that relationship continued. On November 23, 1993, the apology resolution was enacted into law.

The last milestone, the most important, will be the one that is

incorporated in this measure. I believe that though it may have

been a long path, as you have pointed out, Chairperson Apoliona,

it will become a reality. I look forward to working with you and

Governor Lingle and with all of you assembled here. Senator

Akaka and I pledge to you our full support and we are certain that

this time we will make it, because we have no other option. If we

do not make it, it will be disaster for the Hawaiian homesteaders

and for all the many programs that we have, whether it be in education, health or housing. This is a must.

Senator Akaka.
43

Senator AKAKA. Thank you very much, Mr. Chairman.

Mahalo for your testimony, Chairman Apoliona. I also want to

welcome the other trustees who are here and were introduced by

the chairman. I also want to welcome Clyde Namu‘o of your staff,

Nani Lee, and Peter Yee, and also Justice Klein, who are with you

this morning, and the DC Bureau Chief, Martha Ross.

I also want to say mahalo for coming and welcome to our brothers and sisters the Alaska Natives—Julie Kitka and Willie

Hensley, Oliver Levitt and Chris McNeil. Thank you folks so much

for your strong support over the years. I want you to know that we

appreciate it.

Also, I see in the audience the friendly and great leader of our

Association of Hawaiian Civic Clubs, Charlie Rose who is here with

us. And others of you here, I want to say mahalo for coming and

supporting us and supporting the passage of this bill.

I also want to echo the chairman that we appreciate your support

and we want to continue to work with you and we are certainly

doing all we can to help Native Hawaiians and the people of Hawaii in reaching out and raising our levels of support, not only for

Hawaii, but for our country and even the world.

So mahalo nui loa. Thank you very much, Mr. Chairman.

Senator INOUYE. Chairperson Apoliona, I just have one question

before we leave. I note the presence of Alaskan leaders here, and

at this moment the National Congress of American Indians is having their national convention, and they send their regrets that they

could not be here, otherwise they would have been here en masse.

You have had a long relationship with Alaska Natives and American Indians. Why do you think Hawaiians enjoy such strong support from Alaska Natives and Native Americans?

Ms. APOLIONA. Having had the opportunity to actually be in this

hearing room when we gathered as Native people in the middle of

the year last year, in honor of our country and the contributions

of our Native people, it became clearer to me then that the effort

for Hawaiian recognition is truly a priority for Alaska Natives and

American Indians because we are all indigenous people.

It is sometimes far beyond words when we can reach into our

own history and genealogy and know that we share the same values of family and protection of our environment and our respect for

creative forces. We as indigenous people, Native Hawaiians, Alaska

Natives, and American Indians, share that common tradition. It is

that bond of spirit, and our spiritual traditions, that tie us.

The expressions in my reflection of 2001 and opportunities since

then have only underscored for me and all of us who have opportunities to work with our Alaska Natives and American Indians, that

they are truly committed. Like in any family, we look to and care

for the ‘ohana [extended family], and they look to and they are caring for us.

This is an honor to be here, and to be in the presence of our Native leaders, for if they did not care and they did not feel and they

did not honor our tradition, they would not be here. They are here

and they bring us great honor by their presence.

Mahalo.

Senator INOUYE. I thank you very much. As we all know, we are

now in a very challenging moment in our lives. It has been said
44

that at any moment we may be at war in Iraq, which reminds me

that since World War II, in Korea, in Vietnam, in Desert Storm,

on a basis of per capita representation, more Native Americans, including Hawaiians, have put on the uniform and placed themselves

in harm’s way on behalf of the people of the United States than

any other ethnic group. I think we should always remember that,

that the Natives of this land more eagerly volunteered to serve this

country—a country that has not always been generous, that has

not always been understanding, that has not always been sensitive

to their needs.

So with that, I would like to adjourn the hearing and thank all

of you, the witnesses. Thank you very much.

[Whereupon, at 11:05 a.m., the committee was adjourned, to reconvene at the call of the Chair.]
(45)

APPENDIX

ADDITIONAL MATERIAL SUBMITTED FOR THE RECORD

PREPARED STATEMENT OF MICAH KANE, DIRECTOR, HAWAIIAN HOME LANDS

Aloha mai kakou Chairman Campbell, Vice Chairman Inouye, Senator Akaka,

and honorable members of the Senate Committee on Indian Affairs. My name is

Micah Kane and I am the director of the State of Hawaii’s Department of Hawaiian

Home Lands. Mahalo for this opportunity to appear before you today to testify in

support of S. 344, commonly known as the Akaka bill.

The Department of Hawaiian Home Lands is the agency within our State government that administers the Federal trust lands created by Congress more than 80

years ago under the Hawaiian Homes Commission Act of 1920. This act set aside

more than 200,000 acres of land for use by Native Hawaiians. Currently, over

20,000 Native Hawaiians live on these lands, in more than 30 different communities, on almost every island in the state. An even larger number of qualifying Native Hawaiians remain on a waiting list—hoping for their opportunity for home

ownership and land stewardship.

With me today, are Uncle Tony Sang, the chairman of the State Council of Hawaiian Homestead Associations [SCHRA] and Robin Danner, his vice chairman. These

two individuals represent and work daily on behalf of real people, in real communities, and they do it very well. They are just the tip of the iceberg. There are many

more Native Hawaiians who selflessly work for the betterment of our people.

My remarks today will focus on just three [3] issues. First—where the support for

this bill is coming from. Second—the economic realities of this measure. And third— the practical reasoning which supports the passage of this bill.

First, there is broad and deep support from Hawaiian and Non-Hawaiian communities alike, and Republican and Democrat party lines. Our entire congressional delegation supports this measure and Governor Lingle has made its passage a major

objective of her administration. It also is backed by resolutions passed by the Hawaii State Legislature, the National American Indian Housing Council, the National

Congress of American Indians, and the Alaska Federation of Natives, and it has

been included in the national and Hawaii platforms for the Republican and Democratic parties. Most importantly to me, the homestead communities to which I am

accountable also support this measure. In short, the Akaka bill is supported by the

people most directly affected by it, and also by people with no vested or common

interests other than a desire to see justice done.

Second, the Akaka bill would eliminate legal problems and uncertainties that

have adversely affected the Hawaii economy. These troubling and unsettled issues

relate to property title, ceded land claims, and rights to natural resources. Without

Federal recognition of Native Hawaiians, the State of Hawaii will spend thousands

of unnecessary man-hours and millions of taxpayer dollars defending and clarifying

Native Hawaiian rights. Enactment of the Akaka bill would bring closure and allow

our state to move forward.

Third, the Akaka bill simply completes a journey that Congress began many years

ago. There are over 150 statutes passed by Congress which address the conditions

and lives of Native Hawaiians. The goal has been to redress past wrongs and to em-
46

power self-help. I would humbly submit that passage of this bill rightfully extends

the successes of our country’s era of self-determination for its native peoples to Native Hawaiians. It would allow us to control our destiny as a native people and thus

to participate more fully and more proudly as Americans.

In closing, I would like to thank Senator Inouye, Senator Akaka, and the rest of

Hawaii’s Congressional Delegation for their long-standing commitment to the fight

for self-determination for the Hawaiian people. I would also like to acknowledge the

efforts and leadership of all Hawaiian organizations, including the Office of Hawaiian Affairs, who continue to dedicate themselves and to persevere in their work to

achieve the goal of Federal Recognition.

I also want to publicly thank Governor Lingle for including so many Native Hawaiians in her administration. By doing so, she has empowered and challenged us

to use our talents to improve the lives of all the people of Hawaii. We are humbled

by the trust she has placed in us, and we fully recognize the responsibility that

comes with the opportunity to serve others.

And finally, I thank you, the members of the Senate Committee on Indian Affairs,

for your past and present efforts in ensuring that the profound American notions

ofjustice, fairness, and equality are not only spoken to Native Hawaiians, but are

preserved and brought to life for us. Once again, mahalo nui loa.

PREPARED STATEMENT OF LINDA LINGLE, GOVERNOR, HAWAII

Good Morning Chairman Campbell, Vice Chairman Inouye, and members of the

Senate Committee on Indian Affairs. Thank you for inviting me to appear before

you. For the record, I am Linda Lingle, Governor of the great State of Hawaii, and

I am honored to be here.

I come before you today to express my support for passage of the Native Hawaiian

Federal Recognition Bill, which is known throughout Hawaii as the Akaka bill. My

administration and both houses of the Hawaii State Legislature believe this is the

right thing to do—for Native Hawaiians, for the State of Hawaii, and for the United

States.

Native Hawaiians are an important constituency in our State for many reasons.

The Native Hawaiian culture is the foundation of the character of the State of Hawaii, and the basis for common understanding among our varied ethnic populations.

Our very identity as a State is founded on Native Hawaiian values, cultural practices and knowledge. Their willingness to share that knowledge and understanding

has enriched all who call Hawaii home. We have learned much from Native Hawaiians, and have much more to learn.

As a Republican Governor, I am happy to be working in close harmony with our

Hawaii Democratic Congressional Delegation on this critically important issue. Senator Inouye, Senator Akaka, Representative Case, and Representative Abercrombie

stand united in their support, and I proudly stand with them, along with the Hawaii

State Legislature.

We recognize that there will be differences of opinion in our approaches to many

of the challenges we face, but we also recognize the value of aloha and working in

a bi-partisan manner to resolve issues of great importance to the people of our state.

The people of Hawaii have voiced their support on this issue in many ways. For example, both Republicans and Democrats in Hawaii have supported Federal recognition for Native Hawaiians in party platforms.

We are united in asking Congress to pass the Akaka bill into law, thereby reaffirming the political relationship between the United States and the Indigenous

people of Hawaii. This bill is vital to the survival of the Native Hawaiian people;

it is vital to the continued character of our State; and it is vital to providing parity

and consistency in Federal policy for all Native peoples in America.

As public-policymakers, all of us in this room believe deeply in the goodness of

our great country, and in the strength of its democratic ideals.

America’s Indigenous Peoples are America’s First Peoples, and American Indians

of the 48 States, Alaska Natives of the 49th State, and Native Hawaiians of the

50th State have demonstrated their love for this country and made contributions

that all U.S. citizens can be proud of Indeed, our Federal Government owes our

First Citizens a great debt of gratitude.

We policymakers owe it to ourselves to live up to the promise and power of Democracy and Justice for All, and to continue our journey by recognizing the inherent

rights of the Indigenous Peoples of our country.

There have been many eras of Federal policy toward Native Peoples over the centuries—none so promising as the current one of self-determination and self-governance that has already been extended to American Indians and Alaska Natives.
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It is time to set a new course in Hawaii. Specifically, it is time to extend this Federal policy of self-determination and self-governance to the Native Hawaiian people.

The people of Hawaii respectfully submit that simple justice requires that Native

Hawaiians be empowered to determine their own future by employing their own solutions. I am confident that they will rise to the challenge.

I have found an abundance of talent, energy, and a love of democracy among

members of the Native Hawaiian community, including many who serve in my administration. Bob Awana is my chief of staff and Micah Kane heads the Department

of Hawaiian Home Lands. Dr. Chiyome Fukino left a successful medical practice to

serve the larger community of Hawaii as Director of the Department of Health.

Georgina Kawamura serves as our Director of Budget and Finance. Rick Bissen

runs the attorney general’s office as first deputy, and Kathy Watanabe heads our

Department of Human Resources and Development. James Aiona is Hawaii’s Lieutenant Governor. These are just the most visible of many Native Hawaiians who

serve the people of Hawaii as members of my administration. They serve with competence, passion and vitality.

Many of you have worked with our Native Hawaiian Senator Daniel Akaka for

a number of years. You know him by his Aloha, by his gentle spirit, and by his commitment to these United States. Like the individuals in my administration that I

have named, Senator Akaka knows what it means to be Native Hawaiian, to be

from Hawaii, and to be an American.

Like all Native peoples around the country, these individuals have embraced the

promise of our democracy and now use their unique knowledge of our islands, and

of its diverse people, to serve the public—and in doing so they do not give up what

it means to be Native Hawaiian. They do not and have not abandoned their collective rights as Native Hawaiians to be self-governing and to practice and perpetuate

a cultural heritage whose home is only found in one tiny part of our world, the Hawaiian Islands. Despite the historical events and policies that worked against them,

Native Hawaiians have an unbroken desire for self-governance as a means of perpetuating their way of life and their culture, for future generations.

Passage of the Akaka bill will provide Native Hawaiians with an opportunity

owed to them for many years—the right to engage their best talents and best ideas

as full partners of the State and Federal Governments. Passage of this bill holds

great promise for Native Hawaiians, and it holds great promise for our State and

all its citizens. My administration believes that what is just and good for Native Hawaiians is just and good for all our people.

There have been concerns shared with me about what this bill might lead to— like gambling, or creating a divide among peoples in my State. Nothing could be further from the truth.

I do not support gambling in Hawaii; Native Hawaiians have not collectively

enunciated a desire for legalized gambling; and this bill does nothing to permit it.

The State of Hawaii controls whether or not there will be gambling in Hawaii. This

is true today and it would be true after enactment of this bill.

This bill would not divide the people of Hawaii. To the contrary, by doing what

is right for Native Hawaiians, passage of the Akaka bill would enable all the peoples of Hawaii to move forward and reach our potential together.

How, I ask you, can providing justice for long-standing wrongs ever be divisive?

The underlying principles of our country tell us that justice and a recognition of

rights—personal and collective—is the very definition of our unity. Our State

motto—Ua mau ke ‘ea o ka ‘aina i ka pono, the life of the land is perpetuated in

righteousness—says it well.

The life of Hawaii and unity of its diverse peoples are perpetuated by doing what

is right.

The Native Hawaiian Federal Recognition Bill brings parity and consistency to

our Federal policies on America’s Indigenous People. The Native Hawaiian people

of my State deserve nothing less. This bill provides a process that has not existed

before, for the Hawaiian people to take hold of their destiny and to have a rightful

place at the table in making decisions for themselves. I have every confidence that

if this opportunity is granted to them, Native Hawaiians will find within their community an approach that works for themselves, for our State, and for this Nation.

Members of the committee, I urge you to pass the Native Hawaiian Recognition

Bill out of your committee and to urge your colleagues in the full Senate to pass

this bill without hesitation. In doing so, you will recognize the contributions of Native Hawaiians and the value of their continued and enhanced vitality to my State

and our Nation.

In doing so, you also will recognize what is righteous, what is practical, and what

is just.

Mahalo and Thank You.
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Æ