A provision in the draft fiscal year 2012 Interior appropriations bill would put Native Hawaiians in the same category as federally recognized tribes.

The draft was released on October 14. Section 420 reads:

HAWAIIAN RECOGNITION
SEC. 420. Now and hereafter, in exercise of the authority delegated under sections 441, 442, 463 and 465 of the Revised Statutes (43 U.S.C. 1457, 25 U.S.C. 2 and 9), the community recognized by and enrolled pursuant to Act 195 (26th Haw. Leg. Sess. (2011)) may be recognized and listed under section 104 of Public Law 103–454 but not entitled to programs and services available to entities thereunder unless a statute governing such a program or service expressly provides otherwise.

The provision allows the Interior Department to include a Native Hawaiian entity on the list of federally recognized tribes. However, the Native Hawaiian entity won't be able to access the same programs and services as tribes except where provided by another federal law.

For example, Native Hawaiians are included in certain housing laws. But they wouldn't be entitled to receive Housing Improvement Program funds just by being placed on the list.

The bill has not been approved by the Senate Appropriations Committee.

Get the Story:
Inouye, Akaka Push Federal Indian Tribe Recognition for Native Hawaiians in New Interior Bill (The Hawaii Reporter 10/24)