Ka Wai Ola - Office of Hawaiian Affairs, Volume 34, Number 5, 1 May 2017 — Improving Native Hawaiians' Lives [ARTICLE+ILLUSTRATION]

Improving Native Hawaiians' Lives

How could a Native Hawaiian government use federal recognition to improve the lives of its citizens? This is rarely talked about when discussing Hawaiian sovereignty within the U.S. legal system. Instead, discussions tend to focus on what the federal government could or might do to a Native Hawaiian government. The difference between the two is that caring for the nation's citizens is an "internal matter" while the government-to-govern-ment relationship is an "external matter." This month's eolumn shows how Native nations use the government-to-government relationship (external matter) to protect, manage, and develop their internal affairs. We start with a Native Hawaiian, who is also a Tribal Chairman or Chief. He shares how his Native nahon uses federal recog-

nition to address their needs. Then, how Native nations ensure meaningful employment for their citizens is briefly reviewed. We also learn how two particular Native nations provide housing for citizens. Protecting Resources Reno Keoni FranMin is the Chief of the Kashia Band of Pomo Indians and is also the son of Pearlann Ku'ulani Makaiwi. He also has 'ohana living on Moloka'i. Keoni explained, "The government-to-government relationship makes it possible for us to keep the state out of our land base. We have our own puhlie water system that we regulate, and guess what? Our water quality standards are higher than Califomia's standards. Our water is cleaner." Keoni related this information to some Native Hawaiians' concerns about pesticides when he explained, "A recognized Native Hawaiian government with trust lands would have an easier time protecting their trust lands from harmful pesticides and other unwanted chemicals." He also explained "Our traditional culture shapes our laws. This makes our laws unique. While our cultural law may not necessarily be codified, it is customary and inllu-

ences our decisions. For instance, let's say a citizen wants to cut a tree down on our land base. Our laws determine whether or not a tree ean be cut down. If the tree is a ceremonial tree, our laws prohibit that tree from being cut down." Employment Opportunities Sovereign Native nations use Tribal Employment Rights Ordinances (TEROs) to provide meaningful employment opportunities for their citizens (and sometimes even spouses of citizens). In summary, TEROs provide for hiring preferences for a Native nation's citizens to ensure that such people "gain their rightful share ofemployment . . . andbusinessopportunities on and near" their land base. In general, the ordinance govems employers (including non-tribal employers) doing business on the land base. This preference is considered consistent with the Supreme Court's

Morton v. Mancari holding that the Bureau of Indian Affairs' hiring preference - for members of recognized Native nations - is constitutional. TEROs help Native nations address poverty and unemployment on their land bases. According to the Couneil for Tribal Employment Rights, TEROs also "eliminate discriminatory and other historical barriers" that Indigenous people have experienced when seeking employment. Housing Native nations also use their federally recognized status to address their citizens' housing needs. The Citizen Potawatomi Nation ("CPN") has a housing department that "assists in providing a decent, safe and sanitary housing" to its citizenry. CPN provides various services primarily for its citizens including down payment and closing cost assistance grants, grants for constructing a new home within the land base, and an acquisition program for buying existing homes within the land base. The Winnebago Tribe uses its business revenues to provide housing to its citizens. In 2015, CEO Lanee Morgan explained, "We took on the goal of building 100 housing units in the next 5 years[.] We also agreed to put in plaee the infrastructure for another 100 housing units[.]" Apparently, this will be

accomplished through a eomhination of single and multi-family units as well as a senior living complex. Native Hawaiians Seeing for ourselves how other Native nations leverage their sovereignty to improve the lives of their citizens, we encourage Native Hawaiians to dreamabout what this could mean for our people. Imagine a future where a Native Hawaiian government has full authority to protect and manage its natural and cultural resources. What might that mean for taro farmers when a government supports and prioritizes taro cultivation? Imagine a future where a Native Hawaiian government prioritizes employment and housing for its citizens on its land base. What might this mean for Native Hawaiian parents struggling to provide food and shelter to their keiki? While the government-to-gov-ernment relationship is important to discuss, it is perhaps more important forNative Hawaiians to imagine and discuss the opportunities available from that relationship and decide if we want those opportunities.B OHA's Governance Program examines different governance modeīs, issues, etc., and shares information with our beneficiari.es through monthly KWO columns.

By Derek Kauanoe

Reno Keoni Franklin

Lonee Morgon