I thank the chairman for yielding. Mr. Speaker, I rise in strong support of the Native Hawaiian Government Reorganization Act of 2009. This important piece of legislation is to reaffirm the special political and legal relationship between…
I thank the chairman for yielding.
Mr. Speaker, I rise in strong support of the Native Hawaiian Government Reorganization Act of 2009. This important piece of legislation is to reaffirm the special political and legal relationship between the United States and the indigenous Native Hawaiians for purposes of continuing a government-to-government relationship.
I certainly want to thank Chairman Nick Rahall and the members of our Natural Resources Committee for their support. I especially want to thank and recognize my good friend and colleague, the gentleman from the State of Hawaii (Mr. Abercrombie) for his leadership and tireless efforts in bringing this legislation to the floor for consideration.
For some 20 years I have had the privilege and honor of working closely with Mr. Abercrombie on legislation that have benefited not only my constituents, but certainly the great State of Hawaii. I also want to thank my colleague and my dear friend, Ms. Hirono, and other Members for cosponsoring this important legislation.
Mr. Speaker, the legislation before us is very important for many reasons, but none more critically important than for Congress to extend proper and appropriate recognition for some 400,000 indigenous Native Hawaiians in the State of Hawaii and those living outside of Hawaii. Constitutionally, Congress has the authority to address the conditions of the native people of the United States. And the indigenous people of the Hawaiian Islands are a distinctively native community that for many years existed as a sovereign entity.
History shows us from 1826 until 1893, the United States Government recognized the Kingdom of Hawaii as a sovereign and independent nation. It was accorded full diplomatic recognition. The kingdom entered into treaties and conventions of peace, friendship, and commerce with the Kingdom of Hawaii, governing trade, commerce, and even navigation in the years 1826, 1842, 1849, 1875, 1887. Mr. Speaker, yes, even our government, the United States of America, was party to these treaties and conventions with the sovereign Kingdom of Hawaii.
Mr. Speaker, more than 100 years ago ambitious descendants of U.S. missionaries and sugar planters, aided by an unauthorized and illegal use of U.S. military forces, overthrew the sovereign Kingdom of Hawaii, which at that time was ruled by Queen Lili'uokalani. In 1993, Congress reaffirmed such a travesty on the Kingdom of Hawaii when they passed a joint resolution to acknowledge and apologize on behalf of the United States for the illegal and unlawful overthrow of the Hawaiian kingdom in 1893, and for the deprivation of the rights and privileges of the indigenous Native Hawaiians to self-determination.
To this day, Mr. Speaker, the status of indigenous Native Hawaiians was never properly addressed by the United States Congress. And it is within Congress's constitutional authority to do so. Congress and the U.S. Supreme Court decisions properly determined that American Indians of the lower 48 States are an indigenous people. In fact, recognition of the Native Alaskans as indigenous people of the U.S. demonstrates this constitutional authority. And even the U.S. Supreme Court has recognized this constitutional authority and has accepted a broader conceptualization of indigenous peoples, allowing Congress to recognize indigenous groups, even those who are culturally and genealogically distinct from the narrow concept of being an Indian or as a tribe.
In the Hawaiian Homes Commission Act of 1921, Congress expressed and reaffirmed the special and trust relationship between the United States and the
Native Hawaiians. In addition, the act also recognized the Native Hawaiians as a distinct and unique indigenous people. Native Hawaiians are in fact indigenous, aboriginal people living within what is now the borders of the United States and those living in the State of Hawaii, and it is unfortunate that even today the status of some 400,000 indigenous Native Hawaiians have yet to be afforded the same recognition as our first Americans.
Mr. Speaker, over the years the treatment of indigenous Native Hawaiians by the U.S. Government has been piecemeal at best. There is estimated over 150 laws that have been passed by the Congress related to the social, educational, economic, and cultural needs of the indigenous Native Hawaiians. This proposed bill sets the institutional framework for the establishment of a relationship between the United States and the indigenous Native Hawaiians, just as Congress has done for the indigenous American Indians and indigenous Native Alaskans.
I submit, Mr. Speaker, there are only three distinct indigenous groups under the U.S. sovereignty: American Indians within the continental United States, Native Alaskans, and Native Hawaiians.
Mr. Speaker, the bill we have before us today will continue the long but necessary road towards full recognition by the Congress of the rights of the indigenous Native Hawaiians.
The underlying issue in this piece of legislation is not about the existence of Native Hawaiians. That much has been already determined. This bill is to establish a process giving the indigenous Native Hawaiians the same status that we have done for the indigenous American Indians and the indigenous Native Alaskans. Nothing to do with race. It is about giving proper recognition, and also as a moral imperative on the part of our government, give proper recognition to the Native Hawaiians. They deserve this. They are not begging for anything. Just give them proper recognition. I ask my colleagues to support this bill.
Mr. Speaker, I rise in strong support of the ``Native Hawaiian Government Reorganization Act of 2009.'' This important piece of legislation is to reaffirm the special political and legal relationship between the United States and the indigenous Native Hawaiians for purposes of continuing a government-to-government relationship. I want to thank Chairman Nick Rahall and members of the Committee on Natural Resources for their support. I especially want to commend and recognize my good friend and colleague, the gentleman from Hawaii, Mr. Abercrombie, for his leadership and tireless efforts in bringing this legislation to the floor for consideration. For some 20 years, I've had the privilege of working closely with Mr. Abercrombie on legislation that has benefited both constituents and the great State of Hawaii. I also want to commend my good friend, Ms. Hirono, and other Members for their cosponsoring this legislation.
The legislation before us is very important for many reasons, but none more critical than for Congress to extend full recognition to some 400,000 indigenous Native Hawaiians in the State of Hawaii. Constitutionally, Congress has the authority to address the conditions of the native people of the United States and the indigenous people of the Hawaiian Islands are a distinctly native community that for many years existed as a sovereign entity. History shows that from 1826 until 1893, the United States government recognized the Kingdom of Hawaii as a sovereign and independent nation; accorded full diplomatic recognition to the Kingdom of Hawaii; and entered into treaties and conventions of peace, friendship and commerce with the Kingdom of Hawaii to govern trade, commerce, and navigation in 1826, 1842, 1849, 1875 and 1887. Yes, even our government, the United States of America was a party to these treaties and conventions with the Sovereign Kingdom of Hawaii.
Mr. Speaker, more than 100 years ago, ambitious descendants of U.S. missionaries and sugar planters, aided by the unauthorized and illegal use of U.S. military forces, overthrew the sovereign Kingdom of Hawaii which at that time was ruled by Queen Lili'uokalani. In 1993, Congress reaffirmed such a travesty on the Kingdom of Hawaii when they passed a joint resolution to acknowledge and apologize on behalf of the United States for the illegal and unlawful overthrow of the Hawaiian Kingdom in 1893, and for the deprivation of the rights of the indigenous Native Hawaiians to self-determination.
To this day, the status of the indigenous Native Hawaiians was never properly addressed by the United States Congress. And it is within Congress' constitutional authority to do so. Congress and U.S. Supreme Court decisions have properly determined that American Indians of the lower 48 States are an indigenous people. In fact, recognition of the Native Alaskans as indigenous people of the U.S. demonstrates this constitutional power. And even the U.S. Supreme Court has recognized this constitutional authority and has accepted a broader conceptualization of indigenous people, allowing Congress to recognize indigenous groups, even those who are culturally and genealogically distinct from the narrow concept of being an ``Indian'' and ``tribe.''
In 1971, Congress enacted the Alaska Native Claims Settlement Act (ANCSA), adopting special legislation to deal with Native Alaskans' land claims and creating a governing structure (corporations) through which to manage the federal relationship with the indigenous group even though the Alaska Natives differed culturally, historically, and genealogically from American Indians. In the ANCSA, ``Native'' in defined to mean ``a citizen of the U.S. who is a person of one-fourth degree or more Alaska Indian, Eskimo, Aleut blood, or combination thereof'' and ``Native Group'' to mean ``any tribe, band, clan, village, community, or village of Natives in Alaska.'' The indigenous Native Hawaiians also meet these definitions.
In the Hawaiian Homes Commission Act of 1921, Congress expressed and reaffirmed the ``special'' and ``trust'' relationship between the United States and the Native Hawaiians. In addition, the Act also recognized Native Hawaiians as ``a distinct and unique indigenous people.'' Native Hawaiians are, in fact, indigenous, aboriginal people living within what are now the borders of the U.S. and it is unfortunate that even today the status of some 400,000 indigenous Native Hawaiians have yet to be afforded this same recognition as our First Americans.
Although Rice vs. Cayetano has no bearing on this legislation, I should note that the Supreme Court's decision states, ``Congress . . . has determined that native Hawaiians have a status like that of organized Indian tribes.'' Even the author of the State's brief, now Chief Justice John Roberts of the U.S. Supreme Court, clearly explained that the Congress has plenary authority that is not limited to only American Indians by stating the following:
Congress is constitutionally empowered to deal with
Hawaiians, has recognized such a ``special relationship,''
and--``in recognition of that special relationship''--``has
extended to Native Hawaiians the same rights and privileges
accorded to American Indian, Alaska Native, Eskimo, and Aleut
communities.'' Congress has established with Hawaiians the
same type of ``unique legal relationship'' that exists with
respect to the Indian tribes who enjoy the ``same rights and
privileges'' accorded Hawaiians under these laws.
Over the years, the treatment of indigenous Native Hawaiians by the U.S. government has been piecemeal at best. There is estimated over 160 laws that have been passed by the Congress related to the social, educational, economic, and cultural needs of the indigenous Native Hawaiians. This proposed bill sets the institutional framework for the establishment of a relationship between the U.S. and the indigenous Native Hawaiians just as Congress has done for the indigenous American Indians and indigenous Native Alaskans. I submit, there are only three, district indigenous peoples, under U.S. sovereignity--American Indians within the continental United States, Native Alaskans and Native Hawaiians.
Mr. Speaker, the proposed bill that we have before us today will continue the long but necessary road towards full recognition by Congress of the indigenous Native Hawaiians. The underlying issue in this piece of legislation is not about the existence of the Native Hawaiians. That much has already been determined. This bill however is to establish a process by giving the indigenous Native Hawaiians the same status as we have done for the indigenous American Indians and the indigenous Native Alaskans.
I respectfully urge my fellow colleagues to support this bill.