• New, Undefined Sovereign Powers
• Immunity from lawsuits
• New Membership Criteria
• Lack of Definitions

Once Washington formally recognized the fledgling Native Hawaiian governing entity, that entity would have . . .

 “inherent power and authority to determine its own membership criteria, to determine its own membership, and to grant, deny, revoke, or qualify membership without regard to whether any person was or was not deemed to be a qualified Native Hawaiian constituent under this Act” (emphasis added)

“The HSTA’s latest action proves once again that the union leaders care more about money than educating Hawai‘i’s children.  Instead of accepting the generous offer of $50 million I proposed last November that will allow the immediate return of children and teachers to the classroom, the HSTA is spending their time on frivolous complaints."

A hearing for House Bill 2311, The Flag Bill, has been scheduled for this Wednesday, February 24 at 9:10 a.m.  

Should the Hauula Fire Station Relocation project siphon funds from the Community Development Block Grants to build this $10M project when those funds could go to help support Oahu’s struggling non-profits? Is this the right priority in today's economy?

Should the Native Hawaiian governing entity unlawfully establish a casino despite Section 10(a) of the rewritten bill, then Section 9(c)(3)(H) of the rewritten bill could prevent the State of Hawaii from going to court to shut-down the illegal gaming operation....

This potential loophole is not an invented fantasy.  Over the years, there have been Indian casinos operating without state-approved compacts and in violation of state law.  If Congress passes the rewritten bill with this loophole, then the only authority that the State of Hawaii and its citizens could have to rely on to stop the illegal operation would be the federal government, which has been lax in acting on such matters.

The bill to establish a gaming commission to oversee casino gaming is moving this legislative session. If passed, the bill (HB 2251 HD1) would allow the gaming commission to issue one 5-year license to a casino gaming operation in a county with a population of more than 500,000. The bill also creates a wagering tax on casino gaming. (HB2251 HD1 - click to read bill). 

Well, I’m certainly pro-transit. I think a rail system in some configuration would be good for us; but I want to make certain we can afford it over the long-term.

I wanted to be able to look him in the eye and say, “Look, this is not politics. This is the most expensive transit project in the history of America.  Per-capita there is no system that has cost this much in such a small population base as Hawai‘i and people need to realize that. 

When I said that to him, he did not respond back or challenge that fact; and it is a fact.

“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.

By a voice vote, the House Rules Committee today authorized Rep Neil Abercrombie (D-HI) to introduce a “substitute amendment” which replaces the old version of the Akaka Bill (HR2314) passed in December by the House Committee on Natural Resources.  As a result of today’s vote, Abercrombie’s new version of the Akaka Bill will go directly to the floor of the House.

The Court held that the Congress cannot create an Indian tribe where one does not exist, but can rather, only recognize groups who have long operated as a tribe with a preexisting political structure . . .

Even though the House Rules Committee will take up this bill tonight at 5 pm and the full House may vote on the bill as soon as tomorrow, Natural Resources Committee Republicans are believed to be the only entity providing the public with the new legislative language as it is currently unavailable on the majority’s House Rules Committee website and Natural Resources Committee website.

“Bennett said the state's concerns about the Obama administration's language have been addressed by the parties.  However, he said, the state still has strong objections to clauses in the new draft that could give immunity from state law to the entity, its employees and officers while they are conducting government activity.”

The New York Times reported this past Friday that the White House is drafting, and will release this morning, a final health care bill they expect Congress to pass quickly. And this bill is specifically designed to pass without any conservative support:

Democratic officials said the president’s proposal was being written so that it could be attached to a budget bill as a way of averting a Republican filibuster in the Senate. The procedure, known as budget reconciliation, would let Democrats advance the bill with a simple majority rather than a 60-vote supermajority.

And a "simple majority" does not mean they need 51 Senators. The nuclear option the White House is now pushing, reconciliation, only requires the Obama administration to muster 50 votes before Vice President Joe Biden can cast a tie breaking vote in favor of a government takeover of health care.

“I let the Secretary know that we would be doing a separate, independent financial analysis of the plan for the rail, and I suggested to him that we take our financial analysis and the one that they will have done – that the government requires at the federal level – and share that information so we’re all working from the same set of numbers. They agreed that it’s important for the public to have really one set of numbers that they’re looking at. So when people want to judge whether it can be afforded over the long term or not, at least we're talking about the same numbers. I think that was very, very important today,” the Governor said.

(No mention of Monday's Akaka Bill hearing in this news release.  A sign of gubernatorial displeasure with the latest version?)

“In a majority of disenrollment cases, however, some tribal officials are, without any concern for human rights, tribal traditions or due process, arbitrarily and capriciously disenrolling tribal members as a means to solidify their own economic and political bases and to winnow out opposition families who disapprove of the direction the tribal leadership is headed.”  -- David E. Wilkins, Lumbee, professor of American Indian studies at the University of Minnesota

Contrary to popular opinion, Indian reservations have a history in Hawaii. An Oct. 12, 1999, article in the Honolulu Star-Bulletin describes the efforts of Kamehameha Schools/Bishop Estate (KSBE) trustees in 1995 to evade oversight of their corrupt doings. The Trustees’ self-serving investments caused losses of $264,090,257 in 1994 alone. To avoid scrutiny, they considered moving KSBE corporate headquarters out of Hawaii to the windswept plains of the Cheyenne River Sioux Indian reservation in South Dakota.

With the discovery of oil the U.S. government became intensely interested in settling the land claims. In 1971, in a special convention of the Alaska Federation of Natives Association five hundred and eleven (511) delegates approved the final draft of a Congressional legislative settlement. Fifty-six (56) delegates voted against the settlement. (Delegates from the North Slope made up a disproportionate number of those opposed.) It is also worth noting that President Nixon, even before the vote of the Alaska Federation of Natives, had already signed the legislation into law.

The legitimacy of the vote, with five hundred and sixty seven delegates representing all Native peoples, was questioned at the time and is still. There were no village meetings; the vote was never ratified or debated by Alaska Native communities or individuals. The discovery of oil had moved the resolution of land claims to 'fast forward'. Many would say that the political process was hijacked.

Rep Neil Abercrombie (D-HI) is preparing to introduce a third version of the Akaka Bill in the US House to replace the existing text of HR 2314.  And, according to one source, staffers in the office of Senator Dan Akaka (D-HI) are writing an amended version of S1011 to introduce in the Senate in place of the bill passed by the Senate Committee on Indian Affairs.

On Monday February 22 at 5PM EST (12 Noon HST) the House Rules Committee will consider allowing Abercrombie to amend the old version of the Akaka Bill with the latest new version.

Three votes were not counted by the Chief Clerk- Representatives Tom Brower, Marilyn Lee, and Maile Shimabukuro.

Had these three votes been accurately counted and made inclusive with the fourteen votes that were counted, the total would have been seventeen votes.

Seventeen votes in the affirmative is what was needed to recall HB2311 from committee.

See the hands raised in the video . . .