Aside from a lengthy list of definitions typically prefaces a bill such as this the Akaka bill basically does four things.

First, it will establish within the office of the Secretary of the Interior the United States Office for Native Hawaiian Relations. This office will act as a liaison between the federal government and its various agencies, the state of Hawaii, pertinent Committees in the U.S. Senate and House and the “Native Hawaiian Interagency Coordinating Group.”

Second, is the establishment of the “Native Hawaiian Interagency Coordinating Group.” The purpose of the Interagency Coordinating Group is to coordinate federal programs and policies that affect Native Hawaiians. There are a number of programs targeted towards Native Hawaiians spread across a number of federal government agencies. This Interagency Coordinating Group would seek to identify and coordinate these programs as well as facilitate reports to Congress, the Secretary of the Interior and the various federal agencies as to the progress and implementation of these programs.

Third, establish the process for the Reorganization of the Native Hawaiian Governing Entity. The process itself is rather complex. The Secretary of the Interior must appoint a Commission composed of 9 members. These members must qualify under the definition of Native Hawaiian that applies to all who want to participate in the reorganization of the Native Hawaiian government.

This definition according to the bill is as follows:

Resided in the islands that now comprise the state of Hawaii on or before Jan. 1, 1893; Occupied and exercised sovereignty in the Hawaiian archipelago, including the area that now constitutes the state of Hawaii; An individual who is 1 of the indigenous, native people of Hawaii and who was eligible in 1921 for the programs authorized by the Hawaiian Homes Commission Act (42 Stat. 108, chapter 42) or a direct lineal descendant of that individual.

These Commission members must have “not less than 10 years of experience in the study and determination of Native Hawaiian genealogy.”

Fourth, certify that the adult members of the Native Hawaiian community that apply for inclusion on the “roll” meet the definition of Native Hawaiian as defined above.

The “roll” is to be submitted to the Secretary of the Interior within 2 years from the date upon which the Commission is fully composed. The Secretary is to publish the roll within 90 days upon receiving it otherwise the Commission is specifically authorized to do so.

The conducting of a referendum by the Interim Council for the purpose of creating organic governing documents along with choosing the members of the Native Hawaiian Governing Entity is the final aspect to the process alluded to earlier. There are 90 day limits to objections and changes by the Secretary of the Interior and the federal, state and Native Hawaiian governments. If the timetables are not met the Native Hawaiian Government automatically comes into existence.

This is a simplified summary but this is all the process really does. The Reorganized Native Hawaiian Government then “negotiates” with the federal and state governments for land, land rights, mineral rights, natural resources or anything else the Native Hawaiian Government may care to lay claim to. It is an empty vessel just waiting to be filled.

No one can say what the eventual outcome could be. No matter what assurances are put forth by our elected officials, the open-ended nature of the language of the bill makes any outcome possible in the final analysis. Not since the vote on statehood has there been a more crucial issue for the people of Hawaii. One would think that they would at least get a vote on the issue.

Don Newman, senior policy analyst for the Grassroot Institute of Hawaii, Hawaii's first and only free market public policy institute focused on individual freedom and liberty, can be reached at: mailto:don@grassrootinstitute.org