Ka Wai Ola - Office of Hawaiian Affairs, Volume 32, Number 11, 1 November 2015 — Interior proposes Native Hawaiian Rule [ARTICLE+ILLUSTRATION]

Interior proposes Native Hawaiian Rule

Rule hailed as Ohama commitment to support Native Hawaiians

By Ka Wai Ola staff n a move hailed as groundbreaking and momentous, the U.S. Department of the Interior proposed a pathway for Native Hawaiians to establish a formal governmental relationship with the United States. According to the Interior Department, the rule "does not attempt to organize a Native Hawaiian government or draft its constitution, nor does it dictate the form or structure of that government. Rather, the proposed rule would establish an administrative procedure and criteria that the (Interior) Secretary would use if that Native Hawaiian community forms a unified govemment that then seeks a formal government-to-govern-ment relationship with the United States."

The department is seeking puhlie input on the proposed rule and wants to know whether it should amend any of the provisions in the rule. The comment period ends on Dec. 30. "Today is a momentous day for our Native Hawaiian community," said Office of Hawaiian Affairs Ka Pouhana Chief Executive Officer Kamana'opono Crabbe. "This rule shows the Ohama Administration's commitment to Hawaiians and other native people by supporting self-gover-nanee for the Native Hawaiian community. While the United States has long supported Hawaiians as a native people, this proposed rule addresses an injustice by allowing Native Hawaiians to receive the benefits of a government-to-government relationship that has been denied them. It is clear the Department of the Interior agrees it will be the Native Hawaiian community - and not the federal government - that would decide whether to organize a Native Hawaiian govemment, and whether

that government would seek to pursue a relationship with the United States." "This issue has been discussed for many years, and I support President Ohama and the Department of the Interior's efforts to move it forward. I urge the puhlie, particularly Native Hawaiians, to comment on this possible pathway for the United

States and Native Hawaiians to establish a government-to-government relationship. The puhlie comment period for the proposed rule is an invitation for the puhlie to participate in the rule-making process," said Gov. David Ige. "We commend President Ohama and Secretary Jewell for their commitment to the Native Hawaiian people's right to self-govemance in a manner that is on par with other indigenous nations recognized by the United States," says Annelle Amaral, President of the Association of Hawaiian Civic Clubs and member of Imua Hawai'i, a consortium of leaders from Hawaiian organizations. "The Departments of Interior and Justice have worked tirelessly to engage in a process that has been transparent and open to puhlie input. We appreciate their efforts to give this proposed rule a lengthy open comment period so we ean ensure that our community is engaged." Davianna McGregor, Professor of Ethnic Studies at University of Hawai'i at Mānoa, and member of Imua Hawai'i added, "Our consortium wants to empower our people to understand how this proposed federal rule ean fit within our community's overall efforts towards exercising greater self-determination in our own affairs. As a community, we have demonstrated an ability to solve our own challenges when empowered to do so, and I see the proposed rule as a significant tool towards our ability to achieve our shared goals." "Will U.S. Federal Recognitionprevent us as Native Hawaiians from achieving independence fromAmerica in the future? Will it stop the Kingdom of Hawai'i that includes non-Hawaiian citizens from achieving independence from America in the future? The answer is no, but only if that is what the people want," said Lilikalā Kame'eleihiwa, senior professor and director at the Kamakakūokalani Center for Hawaiian Studies. "The United States has a long-stand-ing policy of supporting self-governance for Native peoples, yet the benefits of

the government-to-government relationship have long been denied to Native Hawaiians, one of our largest indigenous communities. Today 's proposal is testament to the Ohama Administration's strong support for our nation's Native peoples' right to self-determination," said Interior Secretary Sally Jewell. ■

This rule shows the Ohama Administration's commitment to Hawaiians and other native people by supporting self-governance for the Native Hawaiian community. — Kamana'opono Crabbe, Ka Pouhana ChiefExecutive Of£cer

The proposed rule ean be found at doi.gov/ohr

To comment on the rule visit oha.org/DOI or do one of the following: 1. Federal eRulemaking portal: regulations.gov. Follow the instructions on the Web site for submitting and viewing comments. The rule has been assigned Docket ID D0I- 2015-0005. 2. Email: part50@doi.gov. Includethe number 1090— AB05 in the subject line. 3. U.S. mail, courier, or hand delivery: 0ffice of the Secretary, Department of the lnterior, Room 7228, 1849 C Street NW. Washington, DC 20240. Please use Regulation ldentifier Number 1090— AB05 in your message. To be most useful, and most likelyto inform decisions on the content of a final administrative rule, comments should: — Be specific; — Be substantive; — Explain the reasoning behind the comments; and — Address the proposed rule. The comment period ends on Dec. 30. In addition, there is a public meeting by teleconference. Sat. Nov. 7. 9 a.m.-12 p.m. Hawai'i Standard Time Call-in numben 1-888-947-9025 Passcode: 1962786

GOVERNANCE To restore pono and ea, Native Hawaiians will achieve self-gover-nanee, after whieh the assets of OHAwillhe transferred to the new governing entity.

The 0ffice of Native Hawaiian Relations from the U.S. Department of the lnterior set up a website that provides information regarding Procedures for Re-establishing a Government-to-Government Relationship with the Native Hawaiian Community. - Photo: Francine Murray

Continued from page 5 "This is yet another attempt by the Department of the Interior to do an end run around Congress by assuming powers it simply does not have," stated Keli'i Akina, President of the Grassroot Institute. "The Congress has clearly indicated that they-and not the DOI-have the power to recognize a Native Hawaiian government. On muhiple oeeasions, they considered and decided not to pass the Akaka Bill, demonstrating that the Constitutional concerns in the creation of a race-based government were real and unavoidable."

The rule dictates the process for the Department of the Interior to follow if approached by a Native Hawaiian government sets up a list of eight criteria for the department to use. "The United States has a long-standing policy of supporting self-governance for Native peoples, yet the benefits of the gov-ernment-to-government relationship have long been denied to Native Hawaiians, one of our largest indigenous communities. Today 's proposal is testament to the Ohama Administration's strong support for our nation's Native peoples' right to self-determination," said Interior Secretary Sally lewell. ■

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