StarBulletin.com

Akaka Bill backers like the new odds


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POSTED: Monday, December 22, 2008

The arrival of a new Democratic administration in Washington, coupled with Democratic control of Congress, has given renewed hope to supporters of federal recognition for native Hawaiians.

“;The results of the presidential and congressional elections open a window of opportunity for native Hawaiian initiatives and Hawaii initiatives,”; Office of Hawaiian Affairs Chairwoman Haunani Apoliona said in her recent State of OHA speech. “;Based on previous expressed support for the Akaka Bill by President-elect (Barack) Obama, a smoother and timely passage and enactment of the Native Hawaiian Government Reorganization Act is anticipated.”;

During his campaign, Obama said he would support native Hawaiian recognition if a bill were to reach his desk.

The legislation would allow for the formation of a governing body for native Hawaiians, similar to that of American Indians, that would negotiate with state and federal governments over land and other resources.

Opponents say the measure is racially discriminatory and divisive. Native Hawaiian sovereignty groups also oppose the legislation, saying it does not go far enough to grant Hawaii independence from the U.S. government.

To date, no version of the Akaka Bill—named after its primary sponsor, U.S. Sen. Dan Akaka (D, Hawaii)—has made it out of Congress.

Although the U.S. House this year approved a version of the bill, it stalled in the Senate, where Republicans have stalled the measure time and again. Additionally, President Bush has opposed the legislation.

Two years ago, Akaka attempted to bring the bill to the Senate floor for an up-or-down vote by the full chamber. The motion fell four votes shy of the 60 needed to force a vote.

But Nov. 4 brought change to Capitol Hill. In addition to Obama's victory, Democrats also will control at least 58 of the 100 seats when the next Congress opens.

“;I am looking forward to working with President-elect Obama and meeting with my newly elected Senate colleagues to discuss my bill and the many other important matters that will come before the upcoming Congress,”; Akaka said in a statement provided by his office. “;The U.S. has formally recognized American Indians and Alaska natives and should provide parity for Hawaii's indigenous people.”;

Jon Van Dyke, a constitutional law professor at the University of Hawaii who supports the Akaka Bill, said “;the stars seem to be aligned”; in the bill's favor. “;With the increase in Democrats in the Senate, plus some of the key Republicans that have always supported it ... still there, it seems like the votes should be there to pass it,”; he said.

Because of the new Congress, the legislation would have to be reintroduced and go through the formal hearing process again in both chambers. Akaka said he plans to introduce a bill .

At least one opponent said he does not expect the Akaka Bill to be a priority for lawmakers when they convene the next Congress. Given the country's financial troubles and the focus likely to be paid to an economic stimulus plan, any discussion of the Akaka Bill would be best left for several months down the road, said Richard Rowland, president of the Grassroot Institute of Hawaii.

“;I don't think that Mr. Obama and his administration want to use any of their capital on this,”; Rowland said. “;Why should they? From their standpoint it looks like they've got it as a slam dunk.

“;So why wouldn't they wait till next September or October, or even 2010?”;

In the meantime, the institute, which opposes racially based preferences, will continue to inform the public about the bill, he said.

“;My feeling is that with some more education—education on what the implications are—that rational people can all look at it and say, 'This is just not very healthy,'”; Rowland said.