Senator could
delay Akaka bill

U.S. Sen. John Kyle, R-Ariz.,
requests 45 hours to debate
the recognition bill

A key senator's request for extended debate time poses a potential problem in gaining approval for the federal native Hawaiian recognition bill.

In agreeing to allow the so-called Akaka bill to go to the Senate floor for a vote by Aug. 7, Sen. John Kyle, R-Ariz., requested 45 hours to debate the issue on the Senate floor, according to Clyde Namuo, administrator of the Office of Hawaiian Affairs.

Kyle was responsible for a hold on the bill that prevented an earlier vote.

His request "could make it difficult for (Majority Leader Bill) Frist to find that large a block of time for discussion," Namuo said.

A Washington law firm OHA has hired to help lobby for the bill is meeting with Kyle to determine if he really needs all that time, said Namuo, who spoke at a briefing late last week for members of the Senate Judiciary and Hawaiian Affairs Committee and the House Hawaiian Affairs Committee.

Namuo also said the Senate Indian Affairs Committee, which approved the bill on March 9, hasn't yet filed its report.

Until it does, the Senate cannot take a floor vote on the bill, which would grant native Hawaiians the same rights of self-government enjoyed by American Indians and Native Alaskans. The measure also would allow Hawaiians to form a native government.

Sen. Daniel Akaka, who introduced the bill, is working with the Senate leadership to get it scheduled, including setting the length of time for debate, according to Donalyn Dela Cruz, his press secretary.

Akaka remains confident the bill will be put on the Senate calendar, she said.

Gov. Linda Lingle told reporters last week that she is optimistic the bill will be approved and become law, saying she has been able to bring in more Republican support.

She said this also depends on Hawaii's all-Democrat congressional delegation holding on to the 100 percent support it claims among Senate Democrats, which would account for 44 votes.

"The bill is poised to pass," said Hawaiian Homes Chairman Micah Kane, who briefed state legislators along with Namuo and Attorney General Mark Bennett.

Kane said he has gone to Washington seven times over the past two years for discussions with members of Congress and the Bush administration.

Bennett said the only reservations he has heard from the Bush administration, which has not taken a public position on the bill, are legal concerns from the Justice Department, and not any policy or philosophical concerns.

These legal issues are not unique to the current administration and have been raised previously, he said.

The legal issues, Bennett said, are whether or not Congress has the power to pass the Akaka bill; the blood quantum determination, or who would get to vote and form the native government; and whether the bill would violate the 14th Amendment on racial preferences.

"I am 100 percent convinced Congress has the absolute power to pass the Akaka bill," Bennett said.

If the bill passes, Bennett said he believes the definition of who is Hawaiian as adopted by native Hawaiians -- the blood quantum question -- would be upheld.

On the third issue, the preferences Congress supports are political and not racial and therefore are permitted and not barred under the 14th Amendment, he said.

The statehood Admissions Act recognizes native Hawaiians and the state's obligation to them, he said.

Both Bennett and Lingle say they believe it is significant that the White House hasn't issued a negative opinion on the bill. Lingle said Bush support is not needed for the bill to pass.

Sen. J. Kalani English said he is pleased the bill seeks justice for native Hawaiians but asked, "What about those not of Hawaiian blood who pledged loyalty to the king?"

"The kingdom did not separate citizens by race," English said. "There were many people in the body politic who were not Hawaiians," including many cabinet members and other government officials.

Asian families also lost their Hawaiian citizenship and couldn't become Americans under annexation because of the Asian exclusion act, English said.

Bennett said he doesn't think the Akaka bill would prevent non-Hawaiians from being included, and Lingle said all residents of Hawaii would benefit from the bill.