Monday, July 06, 2020
Hawai'i Free Press

Current Articles | Archives

Saturday, December 12, 2009
Akaka Bill to be voted by House and Senate Committees
By Andrew Walden @ 12:44 AM :: 7512 Views :: Energy, Environment, National News, Ethics

by Andrew Walden

Neil Abercrombie apparently can't leave Congress without taking one last swipe at forcing Native Hawaiians to become second class tribal citizens under the domination of an Akaka Tribe controlled by OHA cronies. 

On Wednesday December 16 Abercrombie's House Natural Resources subcommittee will vote on HR 2314, the "Native Hawaiian Government Reorganization Act of 2009" better known as the Akaka Bill.  The committee will meet at 10AM EST (5AM HST) in room 1324 Longworth.

The following day at 2:15PM EST (9:15AM HST) the Senate Indian Affairs Committee, meeting in Dirksen room 628, is scheduled to vote on the companion bill--S1011.  The vote had been originally scheduled for December 9 but has been rescheduled to the 17th. 

According to House minority staff, "(House) Committee Republicans have received word that an agreement on this bill has been reached, however we have still not been provided a copy of this agreement."

With Democrats in control of both Houses and President Obama pledged to sign the Akaka Bill if it reaches his desk, 2010 should have been a great opportunity for the OHA gang to win the bill's passage.  But House and Senate hearings this summer exposed a deep fracture. 

On one side, the so-called "sovereignty" activists, a disgusting gaggle of ex-cons, child abusers, mortgage scammers, drug pushers, and other miscellaneous convicted criminals--plus a few professors and lawyers--whose dreams of riches and glory now hinge on the "cultural" PASH-based greenmail shake down schemes aimed at developers, landowners and even single family homeowners.

On the other side, the OHA gang, which subsidizes many of the sovereignty activists and their legal organ the Native Hawaiian Legal Corporation, but seeks control of billions of dollars worth of Hawaii real estate via formation of the Akaka Tribe

Forcing them to choose between the two paths:  the Obama Administration and Senator Inouye backed by Governor Lingle

The Native Hawaiian Bar Association (NHBA) earlier this summer argued:

“The bill’s provisions on claims and federal sovereign immunity appear to be overly broad and may prohibit lawsuits by individual Native Hawaiians for claims that could be pursued by any other member of the general population.”

With the Senate about to reconvene, has any progress been made to resolve the impasse?  A sharply-worded September 6 Star-Bulletin commentary by Kihei Soli Niheu and J. Kehaulani Kauanui, Ph.D. suggests not.  The two long-time sovereignty leaders take issue with an August 24 commentary by Jon M Van Dyke, author of "Who owns the Crown lands of Hawaii?"  They bitterly complain that Van Dyke:

"promotes an Akaka Bill that will shut down all U.S. court doors to Kanaka Maoli claims: 'It is the general effect of section 8 (c)(2)(B) [of the Bill] that any claims that may already have accrued and might be brought against the United States ... be rendered nonjusticiable in suits brought by plaintiffs other than the Federal Government.'"

They are not the only ones attacking Section 8(c).  In her August 6 Senate Indian Affairs Committee testimony Robin Danner of the Council for Native Hawaiian Advancement (CNHA) demanded 8(c) be replaced with language stating:

“Nothing in this Act is intended to serve as a settlement of any claims against the United States or the State of Hawaii.”

This creates a direct challenge to Inouye and to Obama's DoJ represented figuratively and literally at the August 6 Senate Indian Affairs committee hearing, by Sam Hirsch, a former Dan Inouye staffer appointed by Obama to the US Department of Justice.  Hirsch emphasized:

“…the legislation contains provisions that specifically state that Congress does not intend to create any new legal claims against the United States. The Department supports these provisions and believes they should remain in the bill. In particular, the Department supports section 8(c) in S. 1011, which provides that nothing in the bill creates a cause of action against or waives the sovereign immunity of the United States.”

The full US House has twice voted its approval of the Akaka Bill, but something stopped the House Committee on Natural Resources dead in its tracks when it was scheduled to "mark up" the Akaka Bill to the full House July 9.  The July 8 Advertiser explained:

"The vote postponement follows some written criticisms of the bill by prominent members of the Native Hawaiian legal community.  In a four-page analysis of the legislation sent to the Natural Resources Committee, the Native Hawaiian Bar Association voiced concern that some provisions would grant the federal government too much immunity against potential claims by Native Hawaiians, especially for land."

And this is only one of several issues under dispute.

Since September, there has been little Hawaii media coverage of these very important hearings and votes. 


RELATED: OHA driving Hawaiians out of Hawaii , Akaka Bill Reading List , It's September--Do you know where your Akaka Bill is?

Click here to read a copy of Ranking Minority Member Hastings’ opening statement from the June 11th House Committee hearing.


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


808 Silent Majority

808 State Update AM940


ACA Signups Hawaii



Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii



Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust 

Build More Hawaiian Homes Working Group

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

CSIS Pacific Forum

DAR Hawaii

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii


Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling



Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube


Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes


Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii


National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Hawaiian

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii


OHA Lies

Opt Out Today

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii


Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii