Mr. Speaker, I rise in strong opposition to the amendment introduced by Congressman Flake. Congressman Flake has personal ties to the State of Hawaii and I appreciate his interest in the underlying bill. However, his amendment duplicates existing legal guarantees in the Indian Civil Rights Act of 1968. Contrary to what opponents of the bill have stated, everyone in Hawaii, Native Hawaiians and non-Native Hawaiians, will continue to be citizens of the United States upon passage of the bill, and therefore, afforded all the protections of the U.S. Constitution. The Abercrombie Substitute Amendment further clarifies that upon recognition by the United States, the Native Hawaiian governing entity would have no authority over nonmembers, unless those nonmembers expressly consented to the jurisdiction of the governing entity. Section 10 of the Substitute would make the governing entity adhere to the Indian Civil Rights Act, which guarantees protections for both members of the governing entity and nonmembers alike. This bill provides for a careful balance of the interests of the federal government, the State of Hawaii, and the Native Hawaiian governing entity. I urge my colleagues to oppose the Flake Amendment. The SPEAKER pro tempore. The question is on the amendment offered by the gentleman from Arizona (Mr. Flake) to the amendment in the nature of a substitute offered by the gentleman from Hawaii (Mr. Abercrombie).…
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