Even if they put the best face possible on the latest signals from Washington, Akaka bill supporters can't feel very secure about chances for Native Hawaiian federal recognition this congressional term.

Yes, the bill still could get a vote on the Senate floor and might even pass. But then very little time is left for approval in the House, where administration support is needed for any quick action.

The Justice Department reiterated its concerns that the constitution might not allow Congress to grant the Native Hawaiians federal recognition. While it's true that only the U.S. Supreme Court can decide the constitutional question and that it could do so after the measure passes, this nervous twitch from Justice is not exactly the green light the bill's supporters had hoped for.

Some Office of Hawaiian Affairs trustees already have had their faith in the bill shaken by watching it be watered down by amendments. It's time for them to think seriously about alternative ways to protect Native Hawaiian assets from lawsuits.

The federal appeals court decision in the Arakaki case — which found constitutional problems with OHA's race-based use of state tax revenues from the general fund — adds some urgency to the search.

The court upheld the agency's spending of money generated by the "ceded" former Hawaiian crown and government lands, revenue that is really geared for those with at least 50 percent blood quantum.

Until now, those with less than half Hawaiian ancestry have benefited from programs using the now-vulnerable state tax funds. It's a small part of the OHA budget that now should be directed toward purposes that don't target a specific race.

OHA has some time while legal wrangling continues, perhaps for years, but it would be smart to begin discussions on an alternative now.