Pared-down Akaka Bill passes U.S. Senate committee

WASHINGTON » A Senate committee advanced the newest version of a Native Hawaiian federal recognition bill Thursday, signaling the start of a last-ditch campaign to gain a full Senate vote on the bill before its chief sponsor retires.

"We’re still trying to the very end to get something that we will be striving to pass," said Sen. Daniel Akaka, D-Hawaii, who retires in four months.

For a dozen years, Akaka, chairman of the Senate Indian Affairs Committee, has sought full Senate approval of the measure, which would create a process for Native Hawaiian self-government, only to be blocked by Republican colleagues.

"What we’re seeking really is parity for Native Hawaiians," Akaka said.

The new bill, approved Thursday by a voice vote with only two dissentions in the Indian Affairs Committee, was a stripped-down version of a Native Hawaiian bill the committee passed last year.

The new legislation drops provisions that created a process to determine who qualifies as Native Hawaiian and enroll them as part of creating a new Native Hawaiian government. A new Native Hawaiian Roll Commission, set up by the Hawaii Legislature, is performing those functions.

By stripping out those sections, Akaka was able to cut the bill down to about 15 pages from an original 60 pages with the hope that Republican opponents would find it more palatable, since it removes the controversy over who qualifies as Native Hawaiian.

The bill now focuses on a structured process to reorganize a Native Hawaiian government, including drafting and ratification of a constitution and bylaws and the election of officers, with similar federal privileges given to other federally recognized Native American tribes.

"My amendment … streamlines my bill, builds on recent efforts by the state of Hawaii and incorporates longstanding principles of Indian law," Akaka said in a statement. "The Native Hawaiian people are the only … native peoples without a government-to-government relationship and no clear path to securing one without legislation."

But the new bill’s changes don’t seem to satisfy Republican opposition, according to Sen. John Barrasso of Wyoming, the top Republican on the Indian Affairs Committee. The senator voted against the bill and announced that Sen. John McCain, R-Ariz., a committee member who was absent, also wanted to be recorded as a "no" vote.

"My position is that all native groups should go through the same rigorous administration recognition process," Barrasso said. "There are members of our conference who also feel strongly that the process set up in this bill is not the one we should be taking."

But Barrasso also offered praise to Akaka, saying, "I admire your tenacity, your dedication, your leadership not only to this cause, but for the well-being of native people everywhere."

Legislative time to get the bill to the Senate floor for debate and a vote also poses a major hurdle.

The current Senate session, which began this week, is expected to primarily focus on approving a bill to fund the federal government through March before lawmakers leave town to campaign for the November elections.

Akaka is pinning his hopes for a successful passage on a possible lame-duck session of Congress that could convene after the elections.

"We are struggling to try to determine what the (Senate) schedule is going to be," Akaka said. "We have to look at all the options to get it passed by the full Senate."

Even if it gets Senate approval this year, the Republican-controlled House is unlikely to move a similar measure, which has been stuck in the House Resources Committee since Rep. Mazie Hirono, D-Hawaii, introduced it last year. That means the battle will have to be waged all over again when the new Congress convenes in January.

"It is vital that we focus on making federal recognition of Native Hawaiians a reality, and I will continue to join with our delegation in championing this effort," said Hirono, who is running for Akaka’s seat against former Republican Gov. Linda Lingle.

Sen. Daniel K. Ino­uye, D-Hawaii, also pledged to continue the fight for the legislation.

"Federal recognition for Native Hawaiians is long overdue and I will continue the fight started by my longtime partner and friend, Senator Akaka," Ino­uye said in a statement.

"Whether it be during this Congress or the next, I will not rest until the rights of Native Hawaiians are recognized and Sen. Akaka’s legacy is fulfilled."