SCR90

WHEREAS, the State of Hawai'i was once the Kingdom of Hawai'i, with a monarchy that was afforded full diplomatic recognition by the United States; and

WHEREAS, on January 17, 1893, the government of the Kingdom of Hawai'i was overthrown by a group of American citizens who acted with the support of the United States Minister, John Stephens, and a contingent of United States Marines from the U.S.S. Boston; and

WHEREAS, despite the overthrow of their kingdom, the Native Hawaiian people never willingly relinquished their inherent claims to sovereignty and, to this day, they retain their unique identity through their distinct cultural, social, and political traditions and institutions; and

WHEREAS, following annexation, the conditions of Native Hawaiians in the Territory of Hawai'i declined to such an extent that the United States Congress passed a law to set aside more than two hundred thousand acres of land to address these problems; and

WHEREAS, when Hawai'i achieved statehood, these lands were included in a public trust, and the federal government transferred administrative responsibility for the public trust to the government of the State of Hawai'i; and

WHEREAS, Native Hawaiians are a distinct indigenous population with their own culture, identity, and assets set aside for their benefit; and

WHEREAS, unlike other indigenous populations however, Native Hawaiians do not have control over their own land, resources, or other assets; and

WHEREAS, on January 17, 2007, Hawai'i's congressional delegation reintroduced legislation that would clarify the legal and political relationship between Native Hawaiians and the United States; and

WHEREAS, United States Senators Daniel K. Akaka and Daniel K. Inouye introduced the Native Hawaiian Government Reorganization Act of 2007, S. 310 in the Senate and United States Representatives Neil Abercrombie and Mazie Hirono introduced the companion measure, H.R. 505 in the House of Representatives; and

WHEREAS, the measure aims to extend the federal policy of self-determination and self-governance to Native Hawaiians who are Hawai'i's aboriginal, indigenous, native people recognized by the United States Congress as the original inhabitants of the lands that later became part of the United States; and

WHEREAS, Native Hawaiians also had exercised sovereignty in areas that later became part of the United States, thereby establishing parity in federal policies toward the political status of Native Hawaiians, Alaska Natives, and American Indians; and

WHEREAS, while the United States Congress has traditionally treated Native Hawaiians in a manner parallel to American Indians and Alaska Natives, the federal policy of self-governance and self-determination has not been formally extended to Native Hawaiians; and

WHEREAS, the Native Hawaiian Government Reorganization Act of 2007 would remedy this discrepancy and extend to Native Hawaiians the policy of self-governance and self-determination currently practiced by American Indians and Alaska Natives; and

WHEREAS, the Native Hawaiian Government Reorganization Act of 2007 establishes a process for the reorganization of a Native Hawaiian governing entity for the purposes of federal recognition; and

WHEREAS, the Native Hawaiian Government Reorganization Act of 2007 does not itself extend federal recognition; rather, it simply authorizes the process for federal recognition; and

WHEREAS, the federal government already treats Native Hawaiians as an aboriginal, indigenous, native population in many respects and the United States Congress has enacted more than one hundred fifty federal measures relative to Native Hawaiians; and

WHEREAS, these federal laws mandate the provision of health care, education, job training, the preservation of native languages, the protection of Native Hawaiian graves, and the repatriation of Native Hawaiian human remains; and

WHEREAS, consequently, recognition would not necessitate new programs nor would it impact existing programs for American Indians and Alaska Natives; recognition would simply give Native Hawaiians a voice in matters affecting their destiny; and

WHEREAS, programs and services benefiting Native Hawaiians are now in jeopardy because of legal challenges, as the number of lawsuits filed has increased ten-fold and plaintiffs have been persistent in advancing their cases; and

WHEREAS, funding for programs, services, and entitlements that benefit and improve the lives of Native Hawaiians are now in danger of reduction or elimination; and

WHEREAS, the Native Hawaiian Government Reorganization Act of 2007, S. 310 in the U.S. Senate and H.R. 505 in the U.S. House of Representatives, has not yet received a full discussion and vote in Congress; and

WHEREAS, the Hawai'i State Legislature has supported the Native Hawaiian Government Reorganization Act in the past and in 2005 adopted House Concurrent Resolution No. 56, S.D. 1, supporting the passage of the Native Hawaiian Government Reorganization Act; and

WHEREAS, the Twenty-fourth Legislature of the State of Hawai'i believes that the United States Congress and the President of the United States should favorably consider the Native Hawaiian Government Reorganization Act of 2007 to facilitate formal federal recognition of Native Hawaiians as indigenous people and ensure self-governance and redress; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawai'i, Regular Session of 2007, the House of Representatives concurring, that the United States Congress and the President of the United States are respectfully urged to support the enactment of the Native Hawaiian Government Reorganization Act of 2007; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the United States, the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives, members of Hawai'i's congressional delegation, the Governor, and the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs.

	OFFERED BY:	_____________________________

Report Title:

Office of Hawaiian Affairs; Native Hawaiian Government Reorganization Act; Akaka Bill

THE SENATE	S.C.R. NO.	90
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII