Great news for advocates of increased Native Hawaiian rights. The Indian Affairs Committee of the United States Senate has unanimously passed legislation to let native Hawaiians establish their own government. The new government would operate much like those formed by Indian tribes. The bill was sponsored by Sen. Daniel Akaka who has authored similar legislation during previous congressional sessions, but has yet to get the measure passed by the full Senate. Here is the press release:

WASHINGTON, D.C. - The Native Hawaiian Government Reorganization Act of 2009 (S. 1011) was approved by the Senate Committee on Indian Affairs today, clearing the way for consideration by the full Senate. 

"The bill provides for a structured process of reconciliation for both Native Hawaiians and non-Native Hawaiians to finally address and resolve longstanding issues resulting from Hawaii's painful history," said Senator Daniel K. Akaka, author of the bill.

"I am extremely pleased with the acceptance of this bill by the committee. This bill will now be placed on the Senate calendar," said Senator Daniel K. Inouye.

Before it was reported by the Committee, S. 1011 was amended to reflect months of negotiations with the Department of Justice.  The substitute amendment was approved by voice vote.

Yesterday, the House Natural Resources Committee passed H.R. 2314, the House companion bill, without the amendment approved today in the Senate.  Hawaii's Governor Linda Lingle and the state's Attorney General had voiced concern about the new provisions.

"I talked to both Governor Lingle and Attorney General Mark Bennett today and thanked them for their years of strong support.  I know they have concerns about the bill that passed out of the Committee today, and I am committed to working with them on these issues as we move forward," said Akaka.

"I am committed that before this bill is considered by the full Senate there will be a meaningful opportunity to address the state's concerns in concert with the Obama administration and the Hawaii Congressional delegation.  This is not a closed book.  The time to act will be early in the new year and we must move swiftly to ensure Native Hawaiians regain their rights of self-determination and self-governance," said Inouye.

"I'm pleased that our Senators were able to move the bill through the Senate Committee on Indian Affairs today, which moves us that much closer to final passage," said Congressman Neil Abercrombie, the sponsor of the House of Representatives companion bill.   "There will be ample opportunity for dialog as the measure continues through the legislative process." 

"Congress has a real opportunity to pass the Akaka bill next year," said Congresswoman Mazie Hirono.  "We now have a president who not only will sign it into law, but has also been fully engaged in the process.  It is my hope that we will soon address the concerns of the state and continue to move forward.  I know we all share the goal of self-determination for Native-Hawaiians."

The substitute amendment was drafted with input from many stakeholders.  It makes clear that Native Hawaiians should have the same opportunities for self-determination as other indigenous peoples in the United States.  It also provides that past claims already adjudicated cannot be revived, future claims are not affected, and defenses to future claims are not affected. 

The Native Hawaiian Governing Entity will still need to comply with all state and federal laws.  As in previous versions of the bill, any transfers of land or other assets still require state and federal enacting legislation.  No private property will be affected, and gambling is specifically prohibited.