Nick Rahall: “according to the American Bar Association, ``The right of Native Hawaiians to use of property held in trust for them and…”

“according to the American Bar Association, ``The right of Native Hawaiians to use of property held in trust for them and the right to govern those assets is not in conflict with the equal protection clause since it rests on independent constitutional authority regarding the rights of native nations contained within articles I and II of the Constitution.'' The ABA further adds, ``Our courts have upheld Congress' power to recognize indigenous nations and has specifically recognized that this power includes the power to re-recognize nations whose recognition has been compromised in the historical past.'' Indeed, I would note that this body, the Congress, has recognized 530 of the 561 federally recognized Indian tribes. It is clear that we have this power and this authority and that is simply what we are doing today with respect to Native Hawaiians. I again want to commend the delegation from Hawaii, Mr. Abercrombie and Ms. Hirono, for the work that they have put into this legislation.”