House Proceeding 02-23-10 on Feb 23rd, 2010 :: 1:50:10 to 2:10:10
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1:49:05 to 1:50:25( Edit History Discussion )
Speech By: Doc Hastings

1:50:09 to 1:50:26( Edit History Discussion )

Doc Hastings: pointing out, this is what the substitute says and this is the concern that the attorney general of the state of hawaii and the governor of hawaii has, because we all know when we are writing laws here that the words shall as oppose todd may has

1:50:27 to 1:50:48( Edit History Discussion )

Neil Abercrombie: very, very strong meaning. and in both cases, it says shall. so with that, mr. speaker, i reserve my time. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from hawaii. mr. abercrombie: mr. speaker, can you tell us the me remaining on both sides, please. the speaker pro tempore: the gentleman from hawaii has six minutes remaining. the gentleman from washington

1:50:30 to 1:50:55( Edit History Discussion )
Speech By: Neil Abercrombie

1:50:49 to 1:50:55( Edit History Discussion )

Neil Abercrombie: has 4 and a half na minutes remaining. mr. abercrombie: the gentleman from washington has the privilege of closing, does he

1:50:56 to 1:51:16( Edit History Discussion )

Nancy Pelosi: not? the saker pro tempore: that's correct. mr. abercrombie: i yield one minute to the speaker of the house, the honorable nancy pelosi. the speaker pro tempore: the speaker of the house is recognized for one minute. the speaker: >> thank you very much. i'm pleased to hav this

1:51:17 to 1:51:39( Edit History Discussion )

Nancy Pelosi: opportunity to come to the floor today to support mr. abercrombie's initiative on behalf of native hawaiians. it is a pursuit that he has followed in all of his years in the congress of the united states. aside from the considerable merit of his important legislation, which i fully

1:51:40 to 1:52:01( Edit History Discussion )

Nancy Pelosi: support his amendment substitute and absolute the work of congresswoman hirono, too, on behalf of native americans and our colleagues gathered here, it is with mixed emotions that i come. i know you will be successful as you always have been and looking out for native hawaiians, for

1:52:02 to 1:52:24( Edit History Discussion )

Nancy Pelosi: over 200 years, congress, the executive branch and the supreme court have recognized certain legal lights and protections for america's indigenous people. congress's constitutional authority over indigenous affairs is premised upon the original has been tants of ths nation. it is the moral and legal

1:52:25 to 1:52:32( Edit History Discussion )

Nancy Pelosi: responsibility of congress to re-affirm a political

1:55:20 to 1:59:50( Edit History Discussion )
Speech By: Neil Abercrombie

1:56:10 to 1:56:35( Edit History Discussion )

Neil Abercrombie: relationship with the najj?1? congress of american indians, the skea federation of natives, the council r native hawaiiian advancement, the sovereign councils of hawaiiian homelands assembly, the president of the hawaii state senate, the

1:56:37 to 1:56:57( Edit History Discussion )

Neil Abercrombie: honorable colleen hanabusa. and the osage nation from the office of the principal chief. the speaker pro tempore: without objection. mr. abercrombie: thank you, mr. speaker. i yield myself such time as i may consume.

1:56:58 to 1:57:20( Edit History Discussion )

Neil Abercrombie: could you tell me how much time remains? e speaker pro tempore: the gentlemahas five minutes remaining. mr. abercrombie: thank you, mr. speaker. the hawaii state attorney general argueshat granting the native hawaiiian governing entity inherent powers could have an adverse impact on hawaii. i think that's the thrust, essentially, of the critique

1:57:42 to 1:58:03( Edit History Discussion )

Neil Abercrombie: governing -- other governing entities until negotiated. this would prevent them providing general assistance to its members or caring for a needy child absent the amendment as a substitute. the substitute amendment absolves this by recognizing

1:58:04 to 1:58:24( Edit History Discussion )

Neil Abercrombie: the inherent powers, the same inherent powers governments possess today, no more, no less. this is not, therefore, a radical notion. by definition, this is what federal recognition does. it acknowledges that an entity is a quasi-sovereign tribal government. the acknowledged inherent powers of the entity will limited by language in the

1:58:25 to 1:58:45( Edit History Discussion )

Neil Abercrombie: amendment, in the substitute amendment that states, and i quote, nothing in this act shall preempt federal or state authority over native hawaiiians or their property under existing law, unquote. upon recognition, the entity will have no land akin to ind can country over which you could exercise jurisdiction.

1:58:46 to 1:59:06( Edit History Discussion )

Neil Abercrombie: since some inherent powers are tied to having such land, like certain regulatory authorities, the entity will not be able to exercise those powers. finally, the negotiations process will further modify the powers and authority of the governing entity by virtue of the negotiations themselves.

1:59:07 to 1:59:29( Edit History Discussion )

Neil Abercrombie: therefore, mr. speaker, i request that those members who have some trepidation about voting for the amendment in the nature of a substitute reflect that we believe, those of us who support it, and it was certainly my intention in offering the amendment, to address those concerns in a

1:59:30 to 1:59:50( Edit History Discussion )

Neil Abercrombie: positive away and in a legislatively viable way. i would ask at this time in closing, mr. speaker, that those members who come to the floor to vote tonight consider voting for it and i earnestly solicit the favorable attention of all members in votes for the amendment in the nature of a

1:59:51 to 2:00:11( Edit History Discussion )

Doc Hastings: substitute. with that, mr. speaker, i yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from washington. mr. hastings: i yield myself the balance of me time. how much time is that? the speaker pro tempore: 4 1/2 minutes. mr. hastings: once again, i want to congratulate and

1:59:55 to 2:05:20( Edit History Discussion )
Speech By: Doc Hastings

2:00:12 to 2:00:34( Edit History Discussion )

Doc Hastings: commend my good friend from hawaii, because i know he's been working on this all the time he's been here and probably before, but i just fundamentally disagree with the approach taken with this substitute simply because, at least in the broad sense, this is the only state that is affected by this legislation, the state of hawaii. why we should push forward,

2:00:35 to 2:00:57( Edit History Discussion )

Doc Hastings: when the governor of this state does not agree with the substitute and when the chief legal officer has some question, apparently, in fact it's not apparent, it's pretty obvious, with some of the remarks that i think my friend just made as it relates to laws and regulations of the state of hawaii. since this legislation only

2:00:58 to 2:01:19( Edit History Discussion )

Doc Hastings: affects one state, wouldn't it be prudent for this body and representatives of the other 49 states to suggest to the state of hawaii and all their elected officials, why don't you come up with something you can fundamentally agree on? that's not been the case. it's not been in the case in the other body and if this

2:01:20 to 2:01:40( Edit History Discussion )

Doc Hastings: substitute passes, it will not be the cates in this body. -- be the case in this body that disturbs me. th disturbs me that we completely, apparently, don't want to take into consideration their concerns on issues that affect the citizens of the state of hawaii. it's for those reasons, mr.

2:01:41 to 2:02:02( Edit History Discussion )

Doc Hastings: speaker, that i ur my colleagues to vote against the abercrombie substitute. because if the abercrombie substitute is defeated, we will now have a bill that the governor of hawaii can support. that's a good starting point in future negotiations if the house, if the senate were to

2:02:03 to 2:02:23( Edit History Discussion )

Doc Hastings: pass their legislation. so with that, mr. speaker, i urge my colleagues to vote no on the abercrombie amendment and i yield back my time. the speaker pro tempore: it is now in order to consider the amendments printed in part b of house report 111-413. for what purpose does the gentleman from washington rise?

2:02:24 to 2:02:44( Edit History Discussion )

Doc Hastings: mr. hastings: i have an amendment made in order under the rule. the speaker pro tempore: the clerk will designate the amendment. the clerk: amendment number one prinned in part b of house report 111-413, offered by mr. hastings of washington. the speaker pro tempore: pursuant to haas resolution 1083, the gentleman from washington, mr. hastings, and a

2:02:45 to 2:03:05( Edit History Discussion )

Doc Hastings: member opposed, each will control five minutes. the chair recognizes the gentleman from washington. mr. hastings: i yield myself four minutes. the speaker pro tempore: the gentleman is recognized. mr. hastings: my amendment requires a statewide vote of approval in hawaii before this is extended to hawaii. the use of a statewide vote in

2:03:06 to 2:03:26( Edit History Discussion )

Doc Hastings: hawaii is not uncommon. for example, it has been used to establish staggered termers in state senate to modify the term length for the state tax commission, to issue bonds for private schools and establish residency ruirements for candidates seeking higher office. my amendment merely proposes that before congress changes the civil rights of all

2:03:27 to 2:03:49( Edit History Discussion )

Doc Hastings: hawaiiians and establishes a two-tyred government of hawaii, one of which is based on an individual's ancestry and race, a vote of all hawaiiians should be held to approve these changes. the most important statewide vote held in hawaii occurred in 1959, when 94.3% of hawaiiians

2:03:50 to 2:04:10( Edit History Discussion )

Doc Hastings: voted in favor of the hawaiiian acquisitions act. when the adcome of the statewide vote was published, there's no footnote indicates that native hawaiiians would be separated from their neighbors as a distinct political unit. there's ample testimony and statements describing the racial harmony and the melting pot that was and still is

2:04:34 to 2:04:54( Edit History Discussion )

Doc Hastings: anyone else based on race and ancestry. it would be a grave mistake for congress to pass this without the consent of the citizens of hawaii as this proposes to do. even if my amendment is adopted, mr. speaker, it will not relieve the serious

2:04:55 to 2:05:18( Edit History Discussion )

Doc Hastings: concerns that many of my colleagues and many institutional experts have with the underlying subject of this legislation. but what this amendment does do is that it puts the question to the ople of -- this legislation -- to the people this legislation affects most, the citizens of hawaii. 1959, 94-plus percent of

2:05:19 to 2:05:20( Edit History Discussion )

Doc Hastings: hawaiiians voted for statehood.

2:05:21 to 2:05:43( Edit History Discussion )

Nick J. Rahall: today, they should be allowed to have a statewide vote about establishing a government based on race. the speaker pro tempore: for what purpose does the gentleman from west virginia rise? mr. rahall: i rise in opposition to the amendment. the speaker pro tempore: the gentleman is recognized. mr. rahall: the th would

2:05:25 to 2:06:20( Edit History Discussion )
Speech By: Nick J. Rahall

2:06:05 to 2:06:20( Edit History Discussion )

Nick J. Rahall: the abercrombie substitute proposes to treat the same as any government. i oppose the amendment and i

2:06:21 to 2:06:41( Edit History Discussion )

Mazie Hirono: yield to the gentlelady from hawaii, a minute and a half. the speaker pro tempore: the gentlelady from hawaii is recognized for 1 1/2 minutes. ms. hirono: i rise in strong opposition to the hastings amendment which is unnecessary and fnkly insulting to native hawaiiians. we can no longer treat native hawaiiians as any less

2:06:25 to 2:07:45( Edit History Discussion )
Speech By: Mazie Hirono

2:06:42 to 2:07:02( Edit History Discussion )

Mazie Hirono: deserving of federal recognition than any other indigenous people. citizens of the state don't get to approve or disapprove of laws in another state's constitution. citizens of states that include indian nations are tribes are not able to approve or disapprove governing duments of these native governments

2:07:03 to 2:07:24( Edit History Discussion )

Mazie Hirono: unless they are also citizens of the native government in question. this bill provides a process of self-determination for native hawaiiians, by native hawaiiians. the idea that everyone else in hawaii should vote on whether they should be allowed to do so is completely contrary to the intent of this bill. the hastings amendment

2:07:25 to 2:07:45( Edit History Discussion )

Mazie Hirono: undercuts a basic principle in our constitutional government. the citizens have a right to determine their own laws and be governed by those laws. it would set a precedent that could have negative influences on the government. unless you believe citizens of other states should be able to vote to approve or amend the

2:07:46 to 2:08:07( Edit History Discussion )

Doc Hastings: organic governing documents of your own state, you should oppose the hastings amendment and i encourage my colleagues to do so. i yield back my time. the speaker pro tempore: the gentleman from washington. mr. hastings: i yield myself one and a half minutes. the speaker pro temporethe gentleman is recognized. mr. hastings: the state of hawaii can and does hold

2:07:50 to 2:09:05( Edit History Discussion )
Speech By: Doc Hastings

2:08:08 to 2:08:29( Edit History Discussion )

Doc Hastings: statewide votes in general elections. article 17 of the hawaii constitution describes the process for holding such votes and takes the acti legislature. hawaii's polical culture. since 1994, for example, the state of hawaii has considered 25 different statewide votes. they include a number of things

2:08:30 to 2:08:51( Edit History Discussion )

Doc Hastings: that i talked about in my opening remarks. mr. speaker, i am convinced that if we were to pass this bill, article 17 would come into play because i believe in all likelihood because of recent polling the legislature of hawaii would say, you know, we have the ability to put this to a vote, maybe we ought to do

2:08:52 to 2:09:05( Edit History Discussion )

Doc Hastings: this and we are creating another governmental entity that have different rules and regulations than the state of hawaii. that seems self-evident to me and my amendment simply facilitates that by saying that should happen.

2:09:06 to 2:09:27( Edit History Discussion )

Eni F. H. Faleomavaega: it can happen under article 17 of the hawaiiian constitution. with that, i reserve my time. .m y the balance of his time. the gentleman from west virginia. mr. rahall: how much time do i have left, mr. speaker? the speaker pro tempore: the gentleman from west virginia has three minutes remaining and the gentleman from washington has 1 1/2 minutes.

2:09:10 to 2:10:10( Edit History Discussion )
Speech By: Eni F. H. Faleomavaega

2:09:28 to 2:09:48( Edit History Discussion )

Eni F. H. Faleomavaega: mr. rahall: i yield one minute to the the gentleman from from american ca - americansamoa. mr. faleomavaega: i do have some very serious concerns about the amendment. in the first place, when we talk about the event that took place in 1959, it was a referendum of

2:09:49 to 2:10:09( Edit History Discussion )

Eni F. H. Faleomavaega: whether or not the voters, the people of hawaii, would accept statehood for that matter. what we are establishing here is a very dangerous precedent in my humble opinion. everything we are going to be referring, referendums to state governments to tell us the will of the people of the state when this should be done by the

2:10:10 to 2:10:11( Edit History Discussion )

Eni F. H. Faleomavaega: congress expressing that wil