Committee Approves Bill to Recognize Native Hawaiians
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Category: Government CommitteesType: News
Source: U.S. House Committee on Natural Resources
Party: Democrat
Date: Wednesday, December 16th, 2009
CONTACT: Allyson Groff or Blake Androff, 202-226-9019
The House Natural Resources Committee, led by Chairman Nick J. Rahall (D-WV), Wednesday approved the
"Native Hawaiian Government Reorganization Act of 2009" (H.R. 2314), introduced by Representative Neil Abercrombie (D-HI), by a vote of 26-13.
View Roll Call Vote Tally
Background on H.R. 2314:
H.R. 2314 would provide a process for the reorganization of a Native Hawaiian government entity and to reaffirm the special political and legal relationship between the U.S. and the Native Hawaiian governing entity. Native Hawaiians are the indigenous people of the Hawaiian archipelago, now the State of Hawaii, which had their own government until the 19th century. For over 200 years, Congress, the Executive Branch, and the U.S. Supreme Court have acknowledged certain legal rights and protections for America's indigenous people. Since America's founding, Congress has exercised constitutional authority over indigenous affairs and has undertaken an enhanced duty of care for America's indigenous peoples. ongress' constitutional authority is premised upon the state of the indigenous people as the original inhabitants of this Nation who occupied and exercised dominion and control over the lands which eventually became the United States. The Committee on Natural Resources has reported similar measures during 4 of the last 5 Congress, and the House of Representatives has passed similar measures twice.
The Committee voted down each of the following amendments to H.R. 2314:
Representative Lamborn (CO)/Rep. Hastings (WA) Amendment #1: This amendment would have required approval of the organic governing documents of the Native Hawaiian Governing Entity by a referendum of all Hawaiian citizens. Not only are referendums not authorized by Hawaii State law, but this Republican amendment would have also treated the Native Hawaiian governing entity differently than other federally acknowledged Native governments.
Not agreed to by voice vote.
Representative Broun(GA)/Rep. Hastings (WA) Amendment #5: This amendment would have granted the Supreme Court of the U.S. original and exclusive jurisdiction over any Constitutional challenges to any section or provision of the underlying Act. In effect, this harmful amendment would have prevented other courts from developing a detailed record.
Not agreed to by voice vote.
Representative Hastings (WA) Amendment #4. This amendment would have eliminated the gaming prohibition clause. This provision was specifically included upon arrangement by Native Hawaiians, and the state and federal government. Although gaming is currently prohibited in the State of Hawaii, it is necessary for this clause to remain in case there is any future change in Hawaii law.
Not agreed to by voice vote.
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