Native Hawaiians Seek Self-governing Body (Akaka Bill Will Have Negative Impact on Hawaii)

Native Hawaiians Seek Self-governing Body
Sen. Akaka quote: Bill Could Mean Eventual Independence for Hawaiians
By National Public Radio, 8/17/2005 8:22:38 AM

Editor's Note: Here is the complete National Public Radio transcript from Aug. 16, 2005 with Anchor Steve Inskeep, Reporter Martin Kaste and various guests.

Congress is considering legislation that would give native Hawaiians their own government. It would essentially grant them political status similar to that of Native American tribes. Here's NPR's Martin Kaste.

You'll find no more potent symbol of Hawaiian independence than 'Iolani Palace, a Victorian-style mansion in downtown Honolulu.

Ms. ZETA KUPCHOY(ph) (Tour Guide): 'Iolani Palace is the last official residence of the monarchs who ruled Hawaii.

KASTE: When Zeta Kupchoy gives tours of the palace, she points out the corner suite where Hawaii's last monarch, Queen Lilioukalani, was imprisoned after her overthrow in 1893. The coup against the queen was organized by American businessmen backed by the US Marines. Kupchoy says the palace is a reminder of what was lost.

Ms. KUPCHOY: We were an independent nation, recognized internationally by over 70 different nations, and that's the symbolism, that we were a proud country all our own. We were our own country.

KASTE: Today, the old Hawaiian national flag, which is now the state flag, flies again from the palace roof. The US flag is conspicuous by its absence, and the palace grounds have become a rallying place for native Hawaiians.

KASTE: Earlier this month, thousands came out to protest a recent appeals court decision striking down the Hawaiians-only admissions policy at a prominent private school. Illegal racial bias, the judges said. The problem is favoring natives is the whole point of the Kamehameha Schools, which are funded by the estate of a 19th-century princess who wanted to help her fellow natives.

And she wasn't the only one. After the overthrow, the old Hawaiian royalty often used its lands to set up institutions to benefit natives, but in 21st century America, this ethnic exclusivity has come under attack in the courts. Natives, who are now only about 20 percent of the state population, worry that their special institutions are in danger of being swallowed up, and that's where the Akaka Bill comes in.

Senator DANIEL AKAKA (Democrat, Hawaii): It creates a government-to-government relationship with the United States.

KASTE: Democratic Senator Dan Akaka, himself a native, wants Congress to let Hawaiians re-establish their national identity. He says his bill would give them a kind of legal parity with tribal governments on the mainland, but he says this sovereignty could eventually go further, perhaps even leading to outright independence.

Sen. AKAKA: That could be. As far as what's going to happen at the other end, I'm leaving it up to my grandchildren and great-grandchildren.

KASTE: The native Hawaiian bill leaves many important details unresolved. Once established, the new governing entity is supposed to negotiate with the U.S. to settle major issues such as legal jurisdiction and land ownership. It even puts off defining who would qualify as a citizen of the native nation. The bill's vagueness alarms some non-natives such as Dick Roland.

Mr. DICK ROWLAND (The Grassroot Institute): It's empty, and it's got an enormous sucking machine in it that is going to suck in there all these people and all this land and so forth.

KASTE: Rowland, who moved to Hawaii three decades ago, is the president of a local public policy group called The Grassroot Institute which has opposed the bill. One of his collaborators is attorney Bill Burgess, who's argued in court against the preferences for natives.

Mr. BILL BURGESS (Attorney): Creating a new nation and giving the citizens of that nation political privilege that other citizens don't have, not to mention assets and all kinds of other privileges, that's all about inequality.

Mr. BUMPY KANAHELE (Native Hawaiian): My Hawaiian name is U'u Koanoa(ph). Of course, the American name I've got, it's Bumpy Kanahele.

KASTE: Kanahele is a burly man who calls himself the head of the Nation of Hawaii. At the moment, his domain consists of a small village nestled in the shadow of green mountains on Oahu. The village also flies the flag of Hawaii, but it flies upside down as a sign of distress over what residents see as the illegal occupation by the United States. Kanahele is a prominent figure in the independence movement, which received a boost in 1993 when Congress formally apologized for the overthrow of the Kingdom of Hawaii. Kanahele says that apology opened what he calls a can of worms for the United States.

Mr. KANAHELE: They never thought that Hawaiians would take the road to restoring their independence. Well, what do you expect? You just admitted to a crime -- Right? -- the crime of the overthrow. KASTE: After the congressional apology, Kanahele says, native Hawaiians started to think seriously about independence, and he says the Akaka Bill is an attempt to divert natives toward more tribal-style sovereignty.

In Washington, the bill's prospects are unclear. The House passed a version back in 2000, but in the Senate, the bill has been stuck in an open-ended debate. Leaders say they'll try to get a vote on the legislation in September. The Justice Department has recommended a few changes, such as a safeguard for the U.S. military presence on the island, something the bill's supporters see as a positive step. They believe it means the White House is willing to accept some version of native Hawaiian self-government.

Akaka Bill Will Have Negative Impact on Hawaii’s Construction Industry, Economy
By James I. Kuroiwa, Jr., 8/9/2005 11:13:07 PM

The "Akaka Bill," now pending before the U.S. Senate, will have a negative impact on Hawaii’s construction industry and the state’s economy if approved without the amendments presented by six U.S. Senators who last month put a hold on the bill after voicing concerns over its impact on Hawaii.

The construction industry is a by-product industry. Hawaii’s basic industries, such as the visitor, military (Federal), agriculture, technology, research, communications, and bio-technology must grow before the construction industry can expand.

Hawaii's three part strategic plan was first, to get a commitment by the Department of Defense to assign one of the Stryker Brigades to Hawaii and with it some $700 million over two years for construction on Oahu and the island of Hawaii.

Part two of the strategy was to obtain a commitment by the Department of Defense to home-port a carrier group at Pearl Harbor, bringing with it some $3 billion in construction over six years to the islands of Oahu, Kauai and Hawaii.

The third major project would be the approval by the Department of Commerce to designate South Hilo-Puna a Foreign Trade Zone, bringing in private investors to Hawaii and about $2 billion in construction a year for the next 20 years. The sustainability of the military and the foreign trade would generate approximately $2 to $3 billion a year into Hawaii’s economy through payrolls and other related expenditures.

But the land that could be transferred if the Akaka Bill is passed to the new Hawaiian sovereign government could affect these and other projects vital to the construction industry and the economy.

Here is why. The Akaka Bill states, "The 3 governments (U.S., State and new Native Hawaiian governing entity) would then negotiate an agreement for: Transfer of lands, natural resources and other assets, delegation of governmental power and authority, exercise of civil and criminal jurisdiction, and ‘residual responsibilities’ of the U.S. & State of Hawaii."

The "transfer of lands" includes ceded lands (several thousand acres of public lands now owned by the state and federal government), the Alii trusts lands (such as the Kamehameha Schools/Bishop Estate), and other lands to be placed in trust that are approved by the U.S. Department of Interior.

The inventory of the ceded lands is not completed, but is estimated to total about 2 million acres, about 46 percent of all the State of Hawaii land area. This inventory includes the Hawaiian Home Lands with about 203,000 acres, Federal Lands with about 409,939 acres, and the State Lands of approximately 1,274,886 acres.

Most recently, the state learned the Pearl Harbor Shipyard was being considered for closure by BRAC, but that issue for now is allayed. However, Pearl Harbor and its shipyard are located on ceded lands. Three of the four Republican senators representing Portsmouth Naval Shipyard, who sit on the Republican Policy Committee chaired by U.S. Sen. Kyle of Arizona, know of the possible future impact on this shipyard and the entire Pearl Harbor from the Akaka Bill. They presented the potential risk to the security of the United States if Portsmouth was closed.

In a July 13, 2005, document, the U.S. Department of Justice wrote to U.S. Sen. John McCain, who chairs the Indian Affairs Committee: "S. 147 should be amended to make clear that the consultation process contemplated in section 5(b) and 6(d) may not be applied so as to interfere in any way with the operations of U.S. military facilities on Hawaii or otherwise affect military readiness."

The Justice Department is aware of the impact of the Akaka Bill on all U.S. military operations. The potential impact of a Native Hawaiian Entity forcing negotiations with the U.S. military, effecting operations by taking control of the military properties and/or imposing a "tax" and "lease" for the use of such property would add cost and loss of control, causing the military to down size or even pull out of Hawaii.

The Justice Department also wrote, "The potential for such interference is well illustrated by litigation currently pending in the U.S. Court of Appeals for the Ninth Circuit (Lilioukalani Coalition v. Rumsfeld) challenging a proposed base expansion." This challenge against base expansion for training required for the Strykers will cost Hawaii the lost of the Stryker Brigade and some $700 million in construction projects already negotiated.

The U.S. House of Representatives also have their concerns. In a letter to House Speaker Dennis Hastert and Majority Leader Tom DeLay from Representatives Steve King, Mike Pence, Gil Gutknecht, Dana Rohrabacher, Virgil Goode, Jeff Flake, Ernest Istook, Barbara Cubin, Lynn Westmorland, Jeb Hensarling, Dave Weldon, and others who signed on between July 20 and July 22, 2005, they presented questions about the bill.

Second, these bills raise practical questions that simply have not been addressed. For example, would a race-based government in Hawaii have the power to disrupt our nation's military operations there? Will gambling expand in Hawaii, given this legislation's vague language? Would the new race-based government have new rights to file lawsuits against the federal government under "breach of trust" theories? Will Native American appropriations be depleted when the 400,000 Native Hawaiians across the nation seek to participate in the same programs? How could Hawaii function if people living in the same neighborhood are subject to different laws, regulations, and taxes?

Consider for example, two small businesses in Hawaii competing against one another. One is owned by a Native Hawaiian, and the other is owned by one who is not. The former will be exempt from state taxes, state business regulations, and zoning and environment laws, and the latter will not. These problems and many other questions deserve answers.

The review of ceded lands also includes Hawaii’s harbors, airports, highways, schools, state buildings, and others that are public lands. The Akaka Bill could place all the ceded lands on the table for negotiations and transfer them to a Native Hawaiian Entity.

Finally, the Akaka Bill will have a huge impact to the potential of developing the South Hilo-Puna Foreign Trade Zone, establishing Hawaii as the gateway between East and West; the maintaining of military forces, and the visitor industry.

Ultimately, the changes brought by the Akaka Bill will negatively impact the construction industry and Hawaii’s present growing economy.

James I. Kuroiwa, Jr. is the Director of the Hawaii Laborers-Employers Cooperation Education Trust (HI-LECET)

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