STATEMENT BY GOVERNOR LINDA LINGLE ON THE NATIVE HAWAIIAN GOVERNMENT REORGANIZATION ACT

“For more than seven years, my administration and I have strongly supported recognition for Native Hawaiians and supported the Akaka Bill. 

“We have supported a bill that would set up a process of recognition first, followed by negotiations between the Native Hawaiian governing entity, the State of Hawai‘i, and the United States.  Once that was completed, it would be followed by the Native Hawaiian governing entity’s exercise of governmental powers and authorities. 

“Amendments made to the bill in December 2009 turned that process around.  The current bill establishes that the Native Hawaiian governing entity would start with broad governmental powers and authorities, with negotiations to follow.

“Although I believe the original plan to negotiate first makes more sense, my administration has tried to work with the Hawai‘i Congressional delegation on the new structure to establish governing powers first, with negotiations to follow.

“Ultimately, although we had good and productive discussions, the current draft of the bill is not one I can support.

“The basic problem as I see it, is that in the current version of the bill, the ‘governmental’ (non-commercial) activities of the Native Hawaiian governing entity, its employees, and its officers, will be almost completely free from State and County regulation, including free from those laws and rules that protect the health and safety of Hawai‘i's people, and protect the environment. ’Governmental’ activity is a broad undefined term that can encompass almost any non-commercial activity.

“This structure will, in my opinion, promote divisiveness and litigation, rather than negotiation and resolution. 

“I do not believe such a structure, of two completely different sets of rules – one for ‘governmental’ activities of the Native Hawaiian governing entity and its officers and employees, and one for everyone else – makes sense for Hawai‘i. 

“In addition, under the current bill, the Native Hawaiian governing entity has almost complete sovereign immunity from lawsuits, including from ordinary tort and contract lawsuits, and I do not believe this makes sense for the people of Hawai‘i.

“My decision to not support the current version of the Akaka Bill is done with a heavy heart, because I so strongly believe in recognition for Native Hawaiians.

“If the bill in its current form passes the House of Representatives, I would hope it can be amended in the United States Senate.”

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