The substitute amendment to the Native Hawaiian Government Reorganization Act negotiated between the Hawai'i congressional delegation, the White House, and the Departments of Justice and the Interior simply provides that the basic rights of self-governance of the Native Hawaiian governing entity are on par with what other native governments have in Alaska and on the Mainland. This is a matter of fairness and common sense. Native Hawaiians should be afforded the same opportunity of governing their own affairs as do other native governments that have been recognized under federal law.

The substitute amendment, which was adopted by the Senate Indian Affairs Committee on Thursday, contains other important clarifications to the language of the bill. Native Hawaiians seeking to participate in the reorganization process must be U.S. citizens, at least 18 years of age, and certify that they maintain a significant cultural, social or civic connection to the Native Hawaiian community by meeting at least two of 10 listed criteria, which include: Being the child or grandchild of an eligible beneficiary of the Hawaiian Homes Commission Act; being a member of a Native Hawaiian membership organization; or being regarded as Native Hawaiian as evidenced by sworn affidavits. Like Alaska Natives and American Indians, it will be up to these constituents to define their membership after the initial reorganization.

I hope this puts a rest to the misleading and offensive claims that the bill is about racial preference. It is not. It is about recognition of our nation's first people and their distinctly native communities, who exercised governance on lands that predated the formation of the United States. Consistent with the federal policy of self-governance and self-determination, this legislation helps us respect the rights of Native Hawaiians, while encouraging the perpetuation of their culture and traditions.

As this is a bill to reorganize the Native Hawaiian government, and not a claims bill, we sought to make the bill neutral on claims. Language was included to clarify that past claims already adjudicated cannot be revived, future claims are not affected, and defenses to future claims are not affected. This protects the Native Hawaiian governing entity, the United States and the state of Hawai'i by ensuring that no party has any advantages or rights it would not otherwise have.

Once federally recognized, the Native Hawaiian governing entity enters into negotiations with the United States and state of Hawai'i to settle issues such as civil and criminal jurisdiction. S. 1011 prohibited the Native Hawaiian governing entity from exercising any aspect of governmental power that is exercised by federal or state governments until the negotiations are complete. Thus, the governing entity may have been precluded from acting in furtherance of traditional laws and justice systems, which includes providing basic services such as caring for the welfare of children. Similar to other federal statutes, the substitute amendment vests the Native Hawaiian governing entity with existing powers of native governments. This inherent authority includes the right to determine the form of government, the power to determine membership, the power to operate the native government and carry out native responsibilities, and the power to approve or veto the use or disposition of native government assets.

Unchanged in the bill: The Native Hawaiian government cannot pass laws in conflict with state and federal laws, any transfers of land or other assets still require approval of state and federal enacting legislation, no private property will be affected, and gambling is specifically prohibited. All these provisions are maintained in the substitute amendment.

Reports surfaced this week about Gov. Linda Lingle and Attorney General Mark Bennett's opposition to the substitute amendment. The governor has been a valuable supporter of the bill for many years. She and Attorney General Bennett have testified in support of the legislation at numerous Congressional hearings. When I heard of their concerns I spoke to both of them personally and vowed I would keep them informed as we move forward..

In 1893, the Native Hawaiian government led by Queen Lili'uokalani was illegally overthrown by agents of the U.S. and U.S. military force. The overthrow has resulted in generations of Native Hawaiians being disenfranchised from their government, culture, land and way of life.

It is fitting that the United States and the state of Hawai'i continue the legacy of serving as a partner with the Native Hawaiian people with enactment of the substitute amendment. It is imperative that the Native Hawaiians as aboriginal, indigenous, native people be recognized as having a special political and legal relationship through their Native Hawaiian governing entity with the United States.

Daniel K. Akaka, U.S. senator from Hawai'i, wrote this commentary for The Advertiser.