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House Passes Native Hawaiian Recognition Bill

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by Brad Jolly, Partner

October 25, 2007

On Wednesday, October 24, the House of Representatives passed the Native Hawaiian Government Reorganization Act by a vote of 261-153. The vote was very much along party lines, with every Democrat present except one - Rep. Maxine Waters (D-CA) - voting in favor of the bill and most Republicans voting against it.

The bill recognizes the right of Native Hawaiians to organize their own government and to negotiate with Hawaii and the United States to determine the governing authority and jurisdiciton of the Native Hawaiian government. However, the bill excludes Native Hawaiians from the Indian Gaming Regulatory Act ("IGRA"), prohibits the acquisition of trust lands for Native Hawaiians, and declares that the Non-Intercourse Act does not apply to them. Still, the bill is a strong step forward for the rights of Native Hawaiians, including the rights of self-determination and self-government.

Although the bill cleared the House, it is uncertain whether it will be passed by the Senate. The Senate Indian Affairs Committee has approved the bill in the Senate, but it has not been placed on the legislative calendar for a vote. Even if the Senate does pass the bill, President Bush is expected to veto it. The Administration released a statement on Monday, October 22 that it opposes the bill because it "would discriminate on the basis of race or national origin and further subdivide the American people into discrete subgroups accorded varying degrees of privilege." The statement also disagrees with allowing Native Hawaiians to exercise governmental authority over themselves, which is not a surprising position given the United States' recent vote, along with only three other nations, against the U.N. Declaration on the Rights of Indigenous Peoples.

For more detailed information, you can read the bill as passed by the House.

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