HOW S.1783 DIFFERS FROM PREVIOUS VERSIONS OF THE NATIVE HAWAIIAN RECOGNITION BILL

Some of the major changes in the bill are as follows:

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Section 2 Part 5: THE NEW DEFINITION OF "NATIVE HAWAIIAN." Formerly, anyone with at least one drop of Hawaiian blood was considered Native Hawaiian under a definition referring to having at least one ancestor who lived in Hawai'i prior to Captain Cook's arrival in 1778. Now, however, the definition is changed to make it appear there is a blood quantum requirement and to give the impression that the new "tribe" somehow already exists and is legitimate because it is tied to the legislation passed by Congress in 1921 setting up the Hawaiian Homelands.

Here is the new definition, including both parts (A) and (B):

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(5) NATIVE HAWAIIAN-

(A) Prior to the recognition by the United States of the Native Hawaiian governing entity, the term `Native Hawaiian' means all Native Hawaiian people who were eligible in 1921 for the programs authorized by the Hawaiian Homes Commission Act (42 Stat. 108, chapter 42) and their lineal descendants.

(B) Following the recognition by the United States of the Native Hawaiian governing entity, the term `Native Hawaiian' shall have the meaning given to such term in the organic governing documents of the Native Hawaiian governing entity.

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Most Indian tribes have a blood quantum requirement for membership. It is customary for the federal government to require a quantum of at least 25% for initial charter membership, and then later the charter membership can reduce the quantum if it wishes. Part A is designed to make it appear that the Akakakanaka tribe would have such a quantum. However, the inclusion of "and their lineal descendants" makes that quantum for all practical purposes nearly zero. Consider the fact that an 80-year-old woman in 1921, of 50% quantum, could already have had 4 generations of offspring even in 1921, who would all be eligible as her lineal descendants. Then consider that there may have been another 4 generations since 1921 (allowing 20 years per generation, which is reasonable considering the illegitimacy and fertility rates of the population). Starting with blood quantum of 1/2, we end up today with some lineal descendants of only 1/512 who would be eligible for membership in the charter group. As Supreme Court Justices Breyer and Souter said in their joint concurrence with the majority in the Rice v. Cayetano decision, " including individuals who are less than one five-hundredth original Hawaiian ... I have been unable to find any Native American tribal definition that is so broad. Of course, a Native American tribe has broad authority to define its membership ... There must, however, be some limit on what is reasonable ... And to define that membership in terms of 1 possible ancestor out of 500, thereby creating a vast and unknowable body of potential members--leaving some combination of luck and interest to determine which potential members become actual voters--goes well beyond any reasonable limit."

It is not only Ken Conklin (author of this website) who believes that the new quantum requirement is meaningless for all practical purposes. None other than Clayton Hee, Chairman of the Office of Hawaiian Affairs, was quoted as saying the same thing in a published news report just a few days after S.1783 was introduced. Here is a quote from the Honolulu Star-Bulletin of December 12, 2001:
http://starbulletin.com/2001/12/14/news/index.html

"While philosophically he would have preferred there be no blood quantum requirement in the bill seeking federal recognition for Hawaiians as a distinct indigenous group, OHA Chairman Clayton Hee said he understood the political expediency of tying those covered by the bill to existing federal legislation, in this case the Hawaiian Homes Commission Act of 1920. "I think the issue of blood quantum tends to separate and divide us. I've always believed that a Hawaiian is a Hawaiian, period. That said, I don't think this (new) wording does an awful lot. Very few if any will be excluded by this new definition," said Hee, who supports the bill. "It gives the Congress some political comfort by restating what was codified by the Congress in 1920. For me, it's more for political convenience as opposed to practical effect."

There are 401,000 Native Hawaiians in the United States, including 240,000 in Hawai'i and 160,000 in other states. Virtually all of them will be eligible, as Clayton Hee points out. For state-by-state population figures, see:
https://www.angelfire.com/hi2/hawaiiansovereignty/population2000.html

But even if the charter membership of the Akakakanaka tribe excluded a significant number of people with Hawaiian blood, they would all probably be admitted to tribal membership as soon as possible under section (B) of the definition, which allows the charter membership to re-define who is Hawaiian as soon as the tribe has achieved federal recognition. Most Hawaiians feel the way Clayton Hee does, that blood quantum is divisive and that even one drop of native blood is sufficient to make someone Hawaiian. It is part of the Aloha Spirit to be inclusive. Furthermore, even if those who today have 50% blood quantum selfishly wanted to keep the definition in part (A) they probably would not have the votes to do so, because they would probably be outvoted by the larger number of those in the charter membership who have smaller blood quanta.

There never have been any tribes in Hawai'i. Congress has the right under the Constitution to recognize legitimate Indian tribes whose sovereignty existed before the United States engulfed them, whose people have remained separate and distinct from the surrounding community, and who have maintained a governing body exercising substantial authority over them continuously from historical times until the present. Congress does NOT have the power to create a phony Indian tribe that never existed, for the purposes of giving political recognition to a racial group and protecting over 150 racial entitlement programs now being challenged as unconstitutional. Native Hawaiians welcomed newcomers into their land and into their government from first contact in 1778 until now. Non-natives became appointed to high government positions during the Kingdom period, and held elective office in the Kingdom legislatures. By the time annexation was completed and the first U.S. Census was taken in 1900, only 26% of Hawai'i's population had even one drop of native blood. The treaty relationships with the U.S. and other nations were with a multiracial Kingdom of Hawai'i, not with a racial group. Native Hawaiians today are, by their own choice, thoroughly assimilated and intermarried; they live, work, and pray side by side with their non-Hawaiian friends, relatives, and neighbors. They freely pursue their cultural heritage just as all persons and groups have a right to do. But that does not make them an Indian tribe.

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Section 2, Part 6 seems to eliminate a source of confusion in the former S.746. In the former bill it was unclear whether multiple Akakakanaka tribes might be certified. There are numerous Hawaiian sovereignty groups, many of whom might be expected to form their own governing boards and seek federal recognition. The new Section 2, Part 6 clarifies that there will be only one governing body.

Considering the definition of the charter group in Section 2 Part 5(A), it seems obvious that the governing body that would be recognized will be some combination of the current bureaucracies at the Department of Hawaiian Homelands and the Office of Hawaiian Affairs, since anyone already on the homelands or on the waiting list for a lease has already obtained certification of 50% blood quantum -- other "lineal descendants" would need time to obtain such certification during a mad scramble for geneological documentation, even while the current insiders will be rushing to get themselves certified as the official governing entity.

However, there is nothing in the bill to prevent the Native Hawaiian governing authority from creating branches of itself in other states. For example, the 60,000 Native Hawaiians living in California (according to Census 2000) could be expected to incorporate as the California branch of the Akakakanaka tribe, and would thus be able to compete against other California tribes for benefits.

For state-by-state population figures, see:
https://www.angelfire.com/hi2/hawaiiansovereignty/population2000.html

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Section 4 seems to eliminate the interagency task force previously provided in S.746 to coordinate all the racial entitlement benefits offered through various federal agencies. Republicans who want to reduce the size of government may have objected to the creation of such a new bureaucracy. However, a careful reading of Section 4 shows that all those bureaucrats will still have a home, even though it will be inside the Department of Interior.

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Section 5.b.1(B) says the Native Hawaiian governing entity shall submit the organic governing documents of the Native Hawaiian governing entity to the State of Hawaii for purposes of advising the State that the Native Hawaiian governing entity has been reorganized.

Section 5.b..2(B) says that within 120 days of the date that the duly elected officers of the Native Hawaiian governing entity submit the organic governing documents to the Secretary, the Secretary shall certify that the State of Hawaii supports the recognition of the Native Hawaiian governing entity by the United States as evidenced by a resolution or act of the Hawaii State legislature.

Under the previous bill S.746, there was some uncertainty whether the State of Hawai'i would have a veto over the the composition of the membership of the Native Hawaiian governing entity. The wording had seemed to allow for the possibility that the State of Hawai'i might be able to force the would-be tribal entity to negotiate over its structure and leadership. The new section 5.b.1(B) seems to say that cannot happen. The sole purpose for requiring the new tribal entity to submit founding documents to the state is merely to notify the state of what is being done, not to seek approval. However, section 5.b.2(B) could be interpreted to mean that the Native Hawaiian governing entity is required to get the approval of the State of Hawai'i not only for the concept that there should be a sovereign Native Hawaiian entity, but also approval by the State for the structure of that entity's government and for its leadership. The interpretation is unclear, and might produce prolonged legal wrangling, including lawsuits from losing factions within the Akakakanaka charter membership.

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Section 9: "Ethics" (Might better be called the Dawson/Hee Provision for Nepotism and Corruption)

This section 9, entitled "Ethics," was never a part of earlier versions of the bill. It is an explicit waiver of the federal law that prevents people from using federal government positions to make decisions that allow themselves or their close relatives and family members to profit from the decisions they make. Full text and analysis are provided below.

The main supporters of the Hawaiian Recognition bill are huge, wealthy institutions whose administrators and staff stand to profit enormously if the bill is passed. Thus, it was clear why Section 9 was included in the bill. These people are shamelessly exploiting the Hawaiian grievance industry, getting land, money, and power for themselves by claiming to work on behalf of poor, downtrodden Hawaiians. Passing the bill will let them pass lots of other bills -- i.e., passing the Native Hawaiian Recognition Bill will give land, money, and power to large institutions and wealthy Hawaiians, allowing them to pass along to everyone else their BILL for housing, healthcare, education, infrastructure development, and lavish lifestyles. Party on!

There are numerous examples of nepotism, sole-source contracting, and possible corruption already existing in relations among the Office of Hawaiian Affairs, the Department of Hawaiian Homelands, Kamehameha School/Bishop Estate, and government officials. All information below is taken from published sources easily available to the public.

Click here to see:
https://www.angelfire.com/hi2/hawaiiansovereignty/AkakaNepotismCorruption.html
(1) Text and analysis of Section 9 of S.1783 entitled "Ethics";
(2) Beadie Dawson's role in writing the Native Hawaiian Recognition bill, and her family corporation's history of profiting from sole-source government contracts;
(3) The Office of Hawaiian Affairs plan to spend up to $9 Million for media propaganda and to lobby for the bill's passage;
(4) A sole-source contract for OHA Chairman Clayton Hee's brother, family members, and political cronies to spend $400 Million of federal funds to provide fiber-optic cable to interconnect all 203,000 acres of the racially exclusionary Hawaiian Homelands;
(5) An upscale housing development on racially exclusionary Hawaiian Homelands overlooking downtown Honolulu, where wealthy professionals get free land for homes worth up to $385,000.