Report Title:

Hawaiian Issues Office; Appropriation

Description:

Establishes a temporary Hawaiian issues office within the office of the lieutenant governor to monitor federal legislation affecting Hawaiians and to promote federal recognition of native Hawaiians and right to self-governance; office may be located in Washington, District of Columbia; appropriates funds. (HB89 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

89

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HAWAIIAN AFFAIRS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that two members of Hawaii's delegation to the United States Congress, Senator Daniel K. Akaka and Representative Neil Abercrombie, are expected to introduce legislation soon that will be identical to the earlier native Hawaiian recognition bill, often called the Akaka bill, that was before the 107th Congress. The Akaka bill and its successors seek to:

(1) Establish the United States Office for Native Hawaiian Affairs within the Office of the Secretary of the Interior;

(2) Require designation of a Department of Justice official to aid the Office for Native Hawaiian Affairs in implementing and protecting the rights of native Hawaiians and their relationships with the United States;

(3) Establish a native Hawaiian interagency task force to: coordinate federal policies that affect native Hawaiian resources, rights, or land; oversee development of federal agency policy in consultation with native Hawaiians; and assure those agencies participate in the annual report on the task force;

(4) Establish a process for developing the organization of a native Hawaiian interim governing council and election of a native Hawaiian government; and recognize native Hawaiians' right to adopt governing documents;

(5) Extend federal recognition for a native Hawaiian government; and

(6) Permit the United States to enter into an agreement with the State and the native Hawaiian government regarding transfer of lands, resources, and assets dedicated to native Hawaiians.

The legislature finds that the time for resolving native Hawaiian issues at the state and federal level is now, especially passage of the Akaka bill. Governor Linda Lingle has pledged to lobby for passage of the Akaka bill and to work with the legislature and the Hawaiian community to advance Hawaiian issues. The governor, along with lieutenant governor James Aiona and Micah Kane, Hawaiian homes commission chairperson-nominee, participated in a recent two-day forum sponsored by the Council for Native Hawaiian Advancement that presented a number of Hawaiian issues for the current administration to address. In late February, the governor will meet with a number of officials in the administration of President George W. Bush to explain the importance of and express support for the native Hawaiian recognition bill. In further support of Hawaiian issues, the governor expressly designated the lieutenant governor as the administration's official charged with monitoring Hawaiian issues. In addition, the office of Hawaiian affairs will soon open a Washington, District of Columbia office in a space shared with the National Congress of American Indians to advocate for native Hawaiian recognition and monitor federal issues affecting native Hawaiians.

It is crucial that the State have a presence in Washington, District of Columbia to advocate for native Hawaiian recognition, not only on behalf of the native Hawaiian and Hawaiian community but also as a representative of state interests. The United States Supreme Court's Rice v. Cayetano decision opened the door to past and future litigation that resulted in unexpected legal expenses for the State, as well as the office of Hawaiian affairs. Federal recognition of native Hawaiians as an indigenous people is crucial to the survival of long-standing programs, such as the office of Hawaiian affairs, the department of Hawaiian home lands, Kamehameha Schools, and more than one hundred fifty federal programs that benefit Hawaiians. It cannot be questioned that native Hawaiians are entitled to the same or equal political status granted to American Indians and Alaskan natives. It is the duty of the State of Hawaii to preserve and protect these programs that assist Hawaiians by, among other things, establishing a presence in Washington, District of Columbia to promote understanding and passing of legislation establishing federal recognition of native Hawaiians and their right to self-governance.

The purpose of this Act is to appropriate funds to establish a Hawaiian issues office that may be located in Washington, District of Columbia, that shall be responsible for monitoring federal legislation affecting native Hawaiians and Hawaiians.

SECTION 2. Establishment of office. There is established a temporary Hawaiian issues office within the office of the lieutenant governor for administrative purposes. The office may be located in Washington, District of Columbia. The lieutenant governor shall appoint, without regard to chapter 76, a director of the office.

SECTION 3. Duties of the office. The purpose of the office shall be to monitor federal legislation and programs that impact native Hawaiians and Hawaiians. The office shall:

(1) Serve as the principal office in state government responsible for monitoring federal legislation that affects native Hawaiians and Hawaiians;

(2) Serve as the State's clearinghouse in Washington, District of Columbia, to provide information on and support for federal legislation to recognize native Hawaiians and their right to self-governance;

(3) Coordinate all state efforts in support of federal recognition of native Hawaiians;

(4) Serve as a liaison between the state and federal governments on issues affecting native Hawaiians and Hawaiians;

(5) Analyze proposed and pending federal legislation on Hawaiian issues; and

(6) Do all other things necessary or proper to carry out the purposes of this Act.

SECTION 4. Report. Not later than twenty days prior to the convening of each regular session of the legislature, the office shall submit a comprehensive report to the lieutenant governor and the legislature on the effectiveness of the State's efforts to ensure passage of federal legislation to recognize native Hawaiians and their right to self-governance, and the status of other federal legislation that affects native Hawaiians and Hawaiians.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2003-2004, to establish a temporary Hawaiian issues office to monitor federal legislation affecting native Hawaiians and Hawaiians and to work to secure passage of federal legislation granting recognition to native Hawaiians and their right to self-governance.

SECTION 6. The sum appropriated shall be expended by the office of the lieutenant governor for the purposes of this Act.

SECTION 7. This Act shall take effect on July 1, 2003; provided that this Act shall be repealed after passage of federal legislation that recognizes native Hawaiians and their right to self-governance.