July 14th, 2005


Justice Department has "serious" concerns and wants the wording of the Akaka Bill altered.

Gee... if the Justice Department sees something wrong in the Akaka Bill then that tells me that they are not telling us the real reason why they want it to be altered lol Seriously... this tells me that they know that we can seek legal action and/or it puts us in control of our destiny. They don't want that do they lol

For the record I am anti-Akaka Bill because it forces Hawaiians to use the White Man's Paradigm... not the Hawaiian Paradigm which is DISRESPECTFUL. This is some of what the Justice Department is concerned about:

The major criticisms of the Akaka bill raised in a letter from the U.S. Department of Justice:

• The provision for claims by Native Hawaiians against the federal government is too open-ended. The current draft of the bill sets a statute of limitations allowing a 20-year time span for claims — starting the clock from when the new government gains federal recognition. More typically, the window for federal claims remains open for two years.

• Amendments should clarify that negotiations among the federal, state and Native Hawaiian governments must not lead to concessions that would interfere with military operations. This concern arises from the fact that military installations at Pearl Harbor, Hickam and Lualualei sit on Hawaiian kingdom lands ceded to the federal government. Some have asserted that this land, or at least compensation for it, should go to Hawaiians.

• The bill should state clearly which government would enforce criminal laws on Native Hawaiian lands. Officials of the U.S. Department of Interior have said they don’t want a repeat of the clashes that have arisen with Native American tribes over this issue.

• The legislation should specifically bar gambling rights for a Native Hawaiian government. Language in the current draft already indicates that the new law would not extend existing native gaming authorization to Hawaiians; it was inserted to assuage concerns among some tribes about casino competition. The Justice Department seeks a clearer prohibition.

• The fifth request deals not with questions of government policy but with constitutional concerns over racial provisions of the bill that may conflict with the U.S. Supreme Court ruling in Rice v. Cayetano. The department suggests one remedy: The commissioners named to certify the Native Hawaiian membership rolls should be required to have expertise with Native Hawaiian issues but not to be Hawaiian themselves.

I say, "Fuck off!"

Here is the Akaka Bill in its entirety. Please read!

Akaka bill (S. 147) — Native Hawaiian Government Reorganization Act of 2005

S. 147 (March 2005)

SECTION 1. Short title.

This Act may be cited as the ''Native Hawaiian Government Reorganization Act of 2005''

SEC. 2. Findings.

Congress finds that—

(1) the Constitution vests Congress with the authority to address the conditions of the indigenous, native people of the United States;

(2) Native Hawaiians, the native people of the Hawaiian archipelago that is now part of the United States, are indigenous, native people of the United States;

(3) the United States has a special political and legal responsibility to promote the welfare of the native people of the United States, including Native Hawaiians;

(4) under the treaty making power of the United States, Congress exercised its constitutional authority to confirm treaties between the United States and the Kingdom of Hawaii, and from 1826 until 1893, the United States—

(A) recognized the sovereignty of the Kingdom of Hawaii;

(B) accorded full diplomatic recognition to the Kingdom of Hawaii; and

(C) entered into treaties and conventions with the Kingdom of Hawaii to govern commerce and navigation in 1826, 1842, 1849, 1875, and 1887;

(5) pursuant to the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42), the United States set aside approximately 203,500 acres of land to address the conditions of Native Hawaiians in the Federal territory that later became the State of Hawaii;

(6) by setting aside 203,500 acres of land for Native Hawaiian homesteads and farms, the Hawaiian Homes Commission Act assists the members of the Native Hawaiian community in maintaining distinct native settlements throughout the State of Hawaii;

(7) approximately 6,800 Native Hawaiian families reside on the Hawaiian Home Lands and approximately 18,000 Native Hawaiians who are eligible to reside on the Hawaiian Home Lands are on a waiting list to receive assignments of Hawaiian Home Lands;

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Then in today's paper they write about the Justice Department and how they want the Akaka Bill to be altered: