Akaka Bill Opposition Petition
Claims: Native Hawaiians are relinquishing everything.
--Act does not create cause for action against the US or the State of Hawaii, or altering laws, obligations.
--Act does not create obligations that did not exist prior to this Act
--Act will only recognize the NH Governing Entity as representing the Hawaiian People
--US has sovereignty immunity against any "breach-of-trust" land claims, etc.
--US retains its sovereignty immunity to any claims existed prior to this Act and brought by NH or NGHE or representatives.
--State of Hawaii has sovereignty immunity, same as Feds.
--State of Hawaii will have a seat at the negotiating table- which is not typical in federal recognition of tribal nations.
Many in Indian Country worry about this bill setting a new precedent that would guide the way the US govt would allow states this privilege with tribes-- when it should be US govt. & native nation only.
--Even under Indian Trade and Intercourse Act: no transfer of lands
--Secretary of the Interior cannot take lands into trust on behalf of individuals, groups glaiming to be NH or on behalf of the NHGE.
--Jurisdiction: Act does not alter any civil or criminal jurisdiction of the US or State of Hawaii over lands, individuals.