Akaka Substitute Comparison - Revision history

Jere Krischel at 02:02, 8 June 2006

2006-06-08T02:02:32Z

Jere Krischel at 19:04, 9 May 2006

2006-05-09T19:04:24Z

Jere Krischel at 10:12, 9 May 2006

2006-05-09T10:12:36Z

Jere Krischel at 10:12, 9 May 2006

2006-05-09T10:12:15Z

Jere Krischel: /* Section 9 */

2006-05-09T10:09:32Z

‎Section 9

Jere Krischel: /* Section 9 */

2006-05-09T10:09:05Z

‎Section 9

Jere Krischel: /* Subsection 2 */

2006-05-09T10:06:58Z

‎Subsection 2

Jere Krischel: /* Subsection 2 */

2006-05-09T10:05:17Z

‎Subsection 2

Jere Krischel at 10:04, 9 May 2006

2006-05-09T10:04:08Z

Jere Krischel at 10:03, 9 May 2006

2006-05-09T10:03:04Z

← Older revision		Revision as of 02:02, 8 June 2006
Line 1:		Line 1:
	__NOTOC__		__NOTOC__
		+	<small>Back to [[Correcting Akaka]]</small>
		+
	The vast majority of the Akaka Bill ([http://thomas.loc.gov/cgi-bin/query/z?c109:S.147.RS: S.147]) is unchanged by the [http://kenconklin.org/mediawiki/media/7/75/Unprotected-s_147_substitute_9-2.pdf proposed amendements of September 2005]. None of the changes materially affect the criticism of the race-based nature of the bill, nor the recommendation of the United States Commission on Civil Rights, which read:		The vast majority of the Akaka Bill ([http://thomas.loc.gov/cgi-bin/query/z?c109:S.147.RS: S.147]) is unchanged by the [http://kenconklin.org/mediawiki/media/7/75/Unprotected-s_147_substitute_9-2.pdf proposed amendements of September 2005]. None of the changes materially affect the criticism of the race-based nature of the bill, nor the recommendation of the United States Commission on Civil Rights, which read:

@@ Line 6: / Line 6: @@
 Despite the changes made to weaken the provisions of a "Native Hawaiian governing entity", the basic issue of using race to define this group is not addressed by any amendment proposed to date.
-Here is a list of the changes:
+For Akaka's take on the changes to the bill, see [http://akaka.senate.gov/assets/Substitute%20Amendment%20Facts.pdf this synopsis prepared by Akaka].
 =Section 2=

@@ Line 2: / Line 2: @@
 The vast majority of the Akaka Bill ([http://thomas.loc.gov/cgi-bin/query/z?c109:S.147.RS: S.147]) is unchanged by the [http://kenconklin.org/mediawiki/media/7/75/Unprotected-s_147_substitute_9-2.pdf proposed amendements of September 2005].  None of the changes materially affect the criticism of the race-based nature of the bill, nor the recommendation of the United States Commission on Civil Rights, which read:
-<blockquote>''The Commission recommends against passage of the Native Hawaiian Government Reorganization Act of 2005 (S. 147) as reported out of committee on May 16, 2005, or any other legislation that would discriminate on the basis of race or national origin and further subdivide the American people into discrete subgroups accorded varying degrees of privilege.''</blockquote>
+<blockquote>'''The Commission recommends against passage of the Native Hawaiian Government Reorganization Act of 2005 (S. 147) as reported out of committee on May 16, 2005, or any other legislation that would discriminate on the basis of race or national origin and further subdivide the American people into discrete subgroups accorded varying degrees of privilege.'''</blockquote>
 Despite the changes made to weaken the provisions of a "Native Hawaiian governing entity", the basic issue of using race to define this group is not addressed by any amendment proposed to date.

@@ Line 1: / Line 1: @@
 __NOTOC__
-The vast majority of the Akaka Bill ([http://thomas.loc.gov/cgi-bin/query/z?c109:S.147.RS: S.147]) is unchanged by the [http://kenconklin.org/mediawiki/media/7/75/Unprotected-s_147_substitute_9-2.pdf proposed amendements of September 2005].  Here is a list of the changes:
+The vast majority of the Akaka Bill ([http://thomas.loc.gov/cgi-bin/query/z?c109:S.147.RS: S.147]) is unchanged by the [http://kenconklin.org/mediawiki/media/7/75/Unprotected-s_147_substitute_9-2.pdf proposed amendements of September 2005].  None of the changes materially affect the criticism of the race-based nature of the bill, nor the recommendation of the United States Commission on Civil Rights, which read:
 =Section 2=

← Older revision		Revision as of 10:09, 9 May 2006
Line 175:		Line 175:

	(g) NATIVE HAWAIIAN PROGRAMS AND SERVICES- The Native Hawaiian governing entity and its citizens shall be eligible for Native Hawaiian programs and services to the extent and in the manner provided by other applicable laws.		(g) NATIVE HAWAIIAN PROGRAMS AND SERVICES- The Native Hawaiian governing entity and its citizens shall be eligible for Native Hawaiian programs and services to the extent and in the manner provided by other applicable laws.
		+	\|}

← Older revision		Revision as of 10:09, 9 May 2006
Line 148:		Line 148:

	=Section 9=		=Section 9=
−	*replace "(a) INDIAN GAMING REGULATORY ACT- Nothing in this Act shall be construed to authorize the Native Hawaiian governing entity to conduct gaming activities under the authority of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). (b) INDIAN PROGRAMS AND SERVICES- Notwithstanding section 7(c)(6), because of the eligibility of the Native Hawaiian governing entity and its citizens for Native Hawaiian programs and services in accordance with subsection (c), nothing in this Act provides an authorization for eligibility to participate in any Indian program or service to any individual or entity not otherwise eligible for the program or service under applicable Federal law.(c) NATIVE HAWAIIAN PROGRAMS AND SERVICES- The Native Hawaiian governing entity and its citizens shall be eligible for Native Hawaiian programs and services to the extent and in the manner provided by other applicable laws.~~" with "~~(a) INDIAN GAMING REGULATORY ACT- (1) The Native Hawaiian governing entity and Native Hawaiians may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission. (2) The foregoing prohibition in section 9(a)(1) on the use of Indian Gaming Regulatory Act and inherent authority to game apply regardless of whether gaming by Native Hawaiians or the Native Hawaiian governing entity would be located on land within the State of Hawaii or within any other State or Territory of the United States. (b) TAKING LAND INTO TRUST- Notwithstanding any other provision of law, including but not limited to part 151 of title 25, Code of Federal Regulations, the Secretary shall not take land into trust on behalf of individuals or groups claiming to be Native Hawaiian or on be half of the native Hawaiian governing entity.(c) REAL PROPERTY TRANSFERS- The Indian Trade and Intercourse Act (25 U.S.C. 177), does not, has never, and will not apply after enactment to lands or lands transfers present, past, or future, in the State of Hawaii. If despite the expression of this intent herein, a court were to construe the Trade and Intercourse Act to apply to lands or land transfers in Hawaii before the date of enactment of this Act, then any transfer of land or natural resources located within the State of Hawaii prior to the date of enactment of this Act, by or on behalf of the Native Hawaiian people, or individual Native Hawaiians, shall be deemed to have been made in accordance with the Indian Trade and Intercourse Act and any other provision of Federal law that specifically applies to transfers of land or natural resources from, by, or on behalf of an Indian tribe, Native Hawaiians, or Native Hawaiian entities.(d) SINGLE GOVERNING ENTITY- This Act will result in the recognition of the single Native Hawaiian governing entity. Additional Native Hawaiian groups shall not be eligible for acknowledgment pursuant to the Federal Acknowledgment Process set forth in part 83 of title 25 of the Code of Federal Regulations or any other administrative acknowledgment or recognition process.(e) JURISDICTION- Nothing in this Act alters the civil or criminal jurisdiction of the United States or the State of Hawaii over lands and persons within the State of Hawaii. The status quo of Federal and State jurisdiction can change only as a result of further legislation, if any, enacted after the conclusion, in relevant part, of the negotiation process established in section 8(b).(f) INDIAN PROGRAMS AND SERVICES- Notwithstanding section 7(c)(6), because of the eligibility of the Native Hawaiian governing entity and its citizens for Native Hawaiian programs and services in accordance with subsection (g), nothing in this Act provides an authorization for eligibility to participate in any Indian program or service to any individual or entity not otherwise eligible for the program or service under applicable Federal law.(g) NATIVE HAWAIIAN PROGRAMS AND SERVICES- The Native Hawaiian governing entity and its citizens shall be eligible for Native Hawaiian programs and services to the extent and in the manner provided by other applicable laws.	+	{\|width="100%" border="1"
		+	!Old text!!New text
		+	\|-valign="top"
		+	\|
		+	(a) INDIAN GAMING REGULATORY ACT- Nothing in this Act shall be construed to authorize the Native Hawaiian governing entity to conduct gaming activities under the authority of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
		+
		+	(b) INDIAN PROGRAMS AND SERVICES- Notwithstanding section 7(c)(6), because of the eligibility of the Native Hawaiian governing entity and its citizens for Native Hawaiian programs and services in accordance with subsection (c), nothing in this Act provides an authorization for eligibility to participate in any Indian program or service to any individual or entity not otherwise eligible for the program or service under applicable Federal law.
		+
		+	(c) NATIVE HAWAIIAN PROGRAMS AND SERVICES- The Native Hawaiian governing entity and its citizens shall be eligible for Native Hawaiian programs and services to the extent and in the manner provided by other applicable laws.
		+	\|
		+	(a) INDIAN GAMING REGULATORY ACT-
		+
		+	:(1) The Native Hawaiian governing entity and Native Hawaiians may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission.
		+
		+	:(2) The foregoing prohibition in section 9(a)(1) on the use of Indian Gaming Regulatory Act and inherent authority to game apply regardless of whether gaming by Native Hawaiians or the Native Hawaiian governing entity would be located on land within the State of Hawaii or within any other State or Territory of the United States.
		+
		+	(b) TAKING LAND INTO TRUST- Notwithstanding any other provision of law, including but not limited to part 151 of title 25, Code of Federal Regulations, the Secretary shall not take land into trust on behalf of individuals or groups claiming to be Native Hawaiian or on be half of the native Hawaiian governing entity.
		+
		+	(c) REAL PROPERTY TRANSFERS- The Indian Trade and Intercourse Act (25 U.S.C. 177), does not, has never, and will not apply after enactment to lands or lands transfers present, past, or future, in the State of Hawaii. If despite the expression of this intent herein, a court were to construe the Trade and Intercourse Act to apply to lands or land transfers in Hawaii before the date of enactment of this Act, then any transfer of land or natural resources located within the State of Hawaii prior to the date of enactment of this Act, by or on behalf of the Native Hawaiian people, or individual Native Hawaiians, shall be deemed to have been made in accordance with the Indian Trade and Intercourse Act and any other provision of Federal law that specifically applies to transfers of land or natural resources from, by, or on behalf of an Indian tribe, Native Hawaiians, or Native Hawaiian entities.
		+
		+	(d) SINGLE GOVERNING ENTITY- This Act will result in the recognition of the single Native Hawaiian governing entity. Additional Native Hawaiian groups shall not be eligible for acknowledgment pursuant to the Federal Acknowledgment Process set forth in part 83 of title 25 of the Code of Federal Regulations or any other administrative acknowledgment or recognition process.
		+
		+	(e) JURISDICTION- Nothing in this Act alters the civil or criminal jurisdiction of the United States or the State of Hawaii over lands and persons within the State of Hawaii. The status quo of Federal and State jurisdiction can change only as a result of further legislation, if any, enacted after the conclusion, in relevant part, of the negotiation process established in section 8(b).
		+
		+	(f) INDIAN PROGRAMS AND SERVICES- Notwithstanding section 7(c)(6), because of the eligibility of the Native Hawaiian governing entity and its citizens for Native Hawaiian programs and services in accordance with subsection (g), nothing in this Act provides an authorization for eligibility to participate in any Indian program or service to any individual or entity not otherwise eligible for the program or service under applicable Federal law.
		+
		+	(g) NATIVE HAWAIIAN PROGRAMS AND SERVICES- The Native Hawaiian governing entity and its citizens shall be eligible for Native Hawaiian programs and services to the extent and in the manner provided by other applicable laws.

@@ Line 69: / Line 69: @@
 *"Native Hawaiian governing entity" changed to "single Native Hawaiian governing entity"
 ===Subsection 2===
-*replace "(A) APPOINTMENT- Within 180 days of the date of enactment of this Act, the Secretary shall appoint the members of the Commission in accordance with subclause (B). Any vacancy on the Commission shall not affect its powers and shall be filled in the same manner as the original appointment. (B) REQUIREMENTS- The members of the Commission shall be Native Hawaiian, as defined in section 3(10), and shall have expertise in the determination of Native Hawaiian ancestry and lineal descendancy." with "(A) APPOINTMENT- (i) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary shall appoint the members of the Commission in accordance with subparagraph (B). (ii) CONSIDERATION- In making an appointment under clause (i), the Secretary may take into consideration a recommendation made by any Native Hawaiian organization. (B) REQUIREMENTS- Each member of the Commission shall demonstrate, as determined by the Secretary- (i) not less than 10 years of experience in the study and determination of Native Hawaiian genealogy; and (ii) an ability to read and translate into English documents written in the Hawaiian language. (C) VACANCIES- A vacancy on the Commission- (i) shall not affect the powers of the Commission; and (ii) shall be filled in the same manner as the original appointment."
+{|width="100%" border="1"
 ===Subsection 8===
 *"political and legal relationship" changed to "special political and legal relationship"

@@ Line 51: / Line 51: @@
 ==Paragraph d==
 ===Subsection 2===
-*"ensure that each Federal agency develops a policy on consultation with the Native Hawaiian people, and upon the reaffirmation of the political and legal relationship between the Native Hawaiian governing entity and the United States, consultation with the Native Hawaiian governing entity; and" changed to "consult with the Native Hawaiian governing entity, through the coordination referred to in section 6(d)(1), but the consultation obligation established in this provision shall apply only after the satisfaction of all of the conditions referred to in section 7(c)(6); and"
+{|width="100%" border="1"
 ==Paragraph 3==
 ;New paragraph:APPLICABILITY TO DEPARTMENT OF DEFENSE- This section shall have no applicability to the Department of Defense or to any agency or component of the Department of Defense, but the Secretary of Defense may designate 1 or more officials as liaison to the Interagency Coordinating Group.

← Older revision		Revision as of 10:04, 9 May 2006
Line 1:		Line 1:
		+	__NOTOC__
	The vast majority of the Akaka Bill ([http://thomas.loc.gov/cgi-bin/query/z?c109:S.147.RS: S.147]) is unchanged by the [http://kenconklin.org/mediawiki/media/7/75/Unprotected-s_147_substitute_9-2.pdf proposed amendements of September 2005]. Here is a list of the changes:		The vast majority of the Akaka Bill ([http://thomas.loc.gov/cgi-bin/query/z?c109:S.147.RS: S.147]) is unchanged by the [http://kenconklin.org/mediawiki/media/7/75/Unprotected-s_147_substitute_9-2.pdf proposed amendements of September 2005]. Here is a list of the changes:

← Older revision		Revision as of 10:03, 9 May 2006
Line 1:		Line 1:
−	~~{{TOCright}}~~
	The vast majority of the Akaka Bill ([http://thomas.loc.gov/cgi-bin/query/z?c109:S.147.RS: S.147]) is unchanged by the [http://kenconklin.org/mediawiki/media/7/75/Unprotected-s_147_substitute_9-2.pdf proposed amendements of September 2005]. Here is a list of the changes:		The vast majority of the Akaka Bill ([http://thomas.loc.gov/cgi-bin/query/z?c109:S.147.RS: S.147]) is unchanged by the [http://kenconklin.org/mediawiki/media/7/75/Unprotected-s_147_substitute_9-2.pdf proposed amendements of September 2005]. Here is a list of the changes: