NEWS RELEASE

DEPARTMENT OF THE INTERIOR
DEPARTMENT OF JUSTICE

WASHINGTON - The Department of the Interior and the Department of Justice announced today the release of the final report on the reconciliation process between the Federal government and Native Hawaiians. The Departments conducted a series of public meetings on Oahu and five neighbor islands in December, 1999, and considered 265 written statements from interested members of the public before preparing the report.

"This historic report is the culmination of our findings from the meetings and consultations with the Native Hawaiian community," said John Berry, Assistant Secretary for Policy, Management and Budget, Department of the Interior."I commend all of the people who participated in this very important step in the reconciliation process."

"The report finds that Native Hawaiians continue to maintain a distinct community and they should be allowed to determine their own affairs within the framework of Federal law," explained Jacqueline Agtuca, Acting Director, Office of Tribal Justice, Department of Justice. "The Federal government should honor the unique relationship that exists with Native Hawaiians and respond to their needs for more local control."

The Departments received public comments on a draft report from August 23 until September 22, 2000. Some proponents of the report's recommendations acknowledged that immediate action must be taken to correct an injustice. Others suggested that the Federal government should promote the interests of Native Hawaiians and that some form of assistance must take place. A few suggested that there is legitimate reason for recognizing Native Hawaiians as a distinct community, similar to the recognition given to other Native Americans.

There were other commentators who expressed negative feelings about the report and any special treatment of Native Hawaiians, including a few who viewed the Apology Resolution as a mistake. Those who opposed the report and supported independence observed that the report ignored or insufficiently addressed much of the testimony received by the Departments during the December, 1999, meetings in Hawaii that was in support of independence or an independent Hawaiian kingdom. Some in this group want return of all lands in Hawaii and a complete withdrawal of the United States government from Hawaii.

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"The Departments note that the report is intended to apply in the domestic context in furtherance of the United States' special relationship with Native Hawaiians," stated Berry. "It is not intended to have any implications for any right or duty under international law."

A copy of the report will be posted on the Department of the Interior web site at http://www.doi.gov/nativehawaiians/. The report will be available on the web in the form of PDF files (readable with Adobe Acrobat Reader).

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(See attached Recommendations and Disclaimers set forth in the final report)

RECOMMENDATIONS

Recommendation 1. It is evident from the documentation, statements, and views received during the reconciliation process undertaken by Interior and Justice pursuant to Public Law 103-150 (1993), that the Native Hawaiian people continue to maintain a distinct community and certain governmental structures and they desire to increase their control over their own affairs and institutions. As a matter of justice and equity, this report recommends that the Native Hawaiian people should have self-determination over their own affairs within the framework of Federal law, as do Native American tribes. For generations, the United States has recognized the rights and promoted the welfare of Native Hawaiians as an indigenous people within our Nation through legislation, administrative action, and policy statements. To safeguard and enhance Native Hawaiian self-determination over their lands, cultural resources, and internal affairs, the Departments believe Congress should enact further legislation to clarify Native Hawaiians' political status and to create a framework for recognizing a government-to-government relationship with a representative Native Hawaiian governing body. The determination of precisely how and whether a Native Hawaiian governing body should be recognized is a task that Congress should undertake in consultation with the Native Hawaiian people. Interior and Justice are ready to provide any appropriate assistance to Congress on these issues and will continue to work with the Native Hawaiian people to promote reconciliation and respect for Native Hawaiian rights in accord with Public Law 103-150.

Recommendation 2. This report recommends the establishment of an office in Interior to address Native Hawaiian issues, within the Office of the Assistant Secretary for Indian Affairs, following approval by the Office of Management and Budget and with appropriate Congressional notification.

Recommendation 3. This report recommends that the Department of Justice assign the Office of Tribal Justice on an ongoing basis to maintain a dialogue with the Native Hawaiian people on issues of mutual concern and to continue to work cooperatively with Interior on these issues.

Recommendation 4. This report recommends the creation of a Native Hawaiian Advisory Commission to consult with all bureaus within Interior that manage land in Hawai'i regarding land management, resource, and cultural issues affecting Native Hawaiians.

Recommendation 5. The past history of United States-Native Hawaiian relations reveals many instances in which the United States actions were less than honorable. Native Hawaiians continue to suffer the effects of these actions, for which our Nation continues to have moral responsibility. For justice to be served, this report recommends that the past wrongs suffered by the Native Hawaiian people should be addressed. Case-by-case litigation would not be the most productive avenue for reconciliation. Instead, the Departments believe a more productive approach to reconciliation would be through more general efforts to promote the welfare of the Native Hawaiian people, respect their rights, and address the wrongs that their community has suffered. While the Departments are not able at this time to recommend a precise outline for these efforts, we believe that the Executive Branch, Congress, the State of Hawai'i, and the Native Hawaiian people must develop an appropriate process to ensure true reconciliation.

Disclaimers

As this report notes, Congress has enacted programs specifically for Native Hawaiians. This report does not address whether, as a statutory matter, Congress should amend Federal law to make Native Hawaiians eligible for Federal programs that currently extend to Native American Indian tribes generally.

While this report recommends Federal recognition of a Native Hawaiian governing body similar to those of Native American tribes, it is beyond the scope of this report to try to set forth in detail all the ramifications of Federal recognition. Rather, the Departments believe that, as part of the continuing reconciliation process, it is best to continue to work with Congress and the Native Hawaiian people to address these issues.

As noted in this report, under the United States Constitution, Congress has established special government-to-government relationships between the Federal Government and Indian tribes. Under these relationships, the Federal and Tribal Governments have their respective rights and obligations (e.g., Federal trust responsibilities). This report is intended to address only policy issues relating to Native Hawaiian self-determination within the framework of Federal law and does not address the full nature and extent of the rights and obligations that Congress could consider in legislation to formally extend Federal recognition, self-determination, and self-governance to Native Hawaiians.

This report does not address whether, in extending Federal recognition to Native Hawaiians, Congress should address any general or specific claims that Native Hawaiians may potentially assert with respect to the United States, the State of Hawaii, or other persons. Nor is it intended to create any right enforceable or cause of action by or against the United States, its agencies, officers, or any person.

This report is intended to apply in the domestic context in furtherance of the United States' special relationship with American Indians, Alaska Natives, and Native Hawaiians, and is not intended to have any implications for any right or duty under international law.