The U.S. Department of the Interior is considering an administrative rule to create a Native Hawaiian government, marking the first time the federal government has taken a step to give Native Hawaiians federal recognition without congressional approval.
"We’re pleased with the progress," said Oswald Stender, a trustee for the Office of Hawaiian Affairs. "What they’re doing is doing due diligence on our request to have Hawaiians recognized as indigenous people."
Stender said OHA’s board of trustees met with the Interior Department earlier this month to discuss obtaining federal recognition to protect Native Hawaiian entitlements from legal challenges. He didn’t know about the department’s request for comments, but said it is probably a continuation of OHA’s discussion.
"This is moving at warp speed," he said.
The notice, published in the Interior Department’s spring agenda, says the department is seeking comments on whether and how the department should aid in the creation of a "government-to-government relationship with the native Hawaiian community."
Hawaii’s congressional delegation also previously said it was trying to pursue other avenues to federal recognition for Native Hawaiians after Republican-led opposition blocked efforts in Congress.
Under federal law, an American Indian group may become federally recognized by an act of Congress, through administrative procedures or by a decision of the U.S. Supreme Court. The delegation was looking into whether Native Hawaiians could be recognized without Congress.
U.S. Sen. Brian Schatz, D-Hawaii, said in an email that the publication of the proposed rule marks "the beginning of an important public dialogue."
"I encourage broad participation so the full range of voices in Hawaii are heard during the federal rulemaking process," he said. "Separate is not equal. Native Hawaiians deserve the right to self-governance."
U.S. Rep. Colleen Hanabusa, D-Hawaii, mentioned the proposed federal rule during her report to delegates Saturday at the Democratic Party’s state convention in Waikiki.
"Transparency and Native Hawaiian self-determination are essential parts of our platform, and we must never give up, " she said, "because this is also why we are Democrats."
But not all were happy with the agency’s move.
Keli‘i Akina, president of the nonpartisan think tank Grassroot Institute of Hawaii, said it was troubling to see such "unwise" action from the interior secretary.
"Not only does the proposed rule violate the Constitution by creating a race-based government, but it also violates the spirit of ohana and unity that makes Hawaii unique," he said in a statement.
He said the proposed rule comes as questions have been raised about the Native Hawaiian Roll Commission, OHA and the nation-building process.
"This end run around the democratic process is a violation of everything that Native Hawaiian tradition and culture stand for," he said.
Stender said while the goal is self-governance, OHA is asking the federal government only for recognition, not governance.
The issue of a Native Hawaiian government will be handled at another time by those who signed up through the Native Hawaiian Roll Commission, Stender said.
He acknowledged, however, that how the federal government will come to recognize the Native Hawaiian government after it is formed still needs more research.
But separating the two issues fixes the problem with the Akaka Bill, which stalled in Congress for 13 years. That bill addressed both recognition and governance, Stender said.
"All we want to do with the Interior is to get the president to recognize Hawaiians as being indigenous so we can protect our entitlements," he said in a telephone interview. "This effort that we’re doing now has nothing to do with governance."
OHA officials hope recognition can be obtained before President Barack Obama leaves office.
"The entitlement issue is very serious and we want to protect these entitlements, so that’s the only way do it," Stender said.
He expects there to be legal challenges, but said the result of other lawsuits have been favorable to OHA’s position.
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Star-Advertiser reporter Derrick DePledge contributed to this report.
