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Feds propose rules for government-to-government relations with Native Hawaiians

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KRYSTLE MARCELLUS / KMARCELLUS@STARADVERTISER.COM
Maurice Rosete, left, of Honolulu greets Kaiulani Mahuka of Kauai, while she holds a sign that reads "Deoccupation is Our Salvation" at the fourth Dept. of Interior meeting with Native Hawaiians community members at Makakilo Elementary in Kapolei on Thursday June 26, 2014. The US Dept. of Int. has scheduled a series of 3-hour public meetings in Hawaii to listen to comments on how to reestablish a government-to-government relationship between the US and the Native Hawaiian Community.

The Obama administration announced today that it has proposed rules covering how the federal government would interact with any future Native Hawaiian government.

In making the announcement, the U.S. Department of the Interior stressed that Native Hawaiians — not the federal government — would decide whether to reorganize a Native Hawaiian government, what form that government would take, and whether it would seek a government-to-government relationship with the United States.

“The United States has a long-standing 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 nation’s largest indigenous communities,” U.S. Secretary of the Interior Sally Jewell said in a news release. “Today’s proposal is testament to the Obama administration’s strong support for our nation’s native peoples’ right to self-determination.”

The proposal takes the form of a Notice of Proposed Rulemaking that followed a series of public hearings across the islands last year. At those hearings, Interior officials heard from many people who cited the illegal overthrow of the Hawaiian kingdom as they opposed any U.S. government interaction with a future Native Hawaiian government if and when it is formed.

The move by the Obama administration comes after the so-called Akaka Bill, which would have established a path to federal recognition for a Native Hawaiian government, failed to pass Congress despite several attempts.

The Interior Department said the notice builds on more than 150 federal statutes enacted by Congress over the last century between the United States and Native Hawaiians.

Hawaii’s Congressional delegation and Gov. David Ige unanimously hailed today’s announcement.

Ige said, “This issue has been discussed for many years, and I support President Obama and the Department of the Interior’s efforts to move it forward. I urge the public, particularly Native Hawaiians, to comment on this possible pathway for the United States and Native Hawaiians to establish a government-to-government relationship. The public comment period for the proposed rule is an invitation for the public to participate in the rule-making process.”

“The Native Hawaiian community’s ongoing work toward self-determination takes a significant step forward today, and I applaud the Obama administration for its commitment to this effort,” U.S. Sen. Mazie Hirono said.

“Native Hawaiians have the right to reorganize a government that they determine is best for them,” said U.S. Sen. Brian Schatz. “With today’s publication of proposed rules from the Department of the Interior, I urge Native Hawaiians and other interested individuals to stay engaged and to contribute their comments and concerns as the process moves forward.”

“These rules incorporate over 5,000 public comments submitted to the Department of Interior, and should they be adopted, the Native Hawaiian community will have the option to re-establish a unified government and self-determine their future relationship with the federal government,” said U.S. Rep. Tulsi Gabbard. “I encourage all interested parties to submit their comments to DOI during the 90-day public review period to ensure a collaborative final ruling.”

U.S. Rep. Mark Takai thanked the Interior Department and Obama administration “for strengthening the U.S. government’s relationship with the Native Hawaiian people. I have always supported Native Hawaiians and will continue to make sure the community’s consensus is implemented in Washington at the federal level so that they may have more ownership of their own destiny at home.”

But the Grassroots Institute, which opposes federal recognition and the Native Hawaiian constitutional convention, or aha, being planned for next year, questioned the Obama administration’s motives for the new proposed rules.

“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,” said 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 multiple occasions, 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.”

Akina is one of the plaintiffs in a federal lawsuit seeking to stop a fall election of delegates to next year’s aha.

“The timing of this proposed rule is troubling, as it comes during a Constitutional challenge to an already disputed election and can be seen as an attempt to lend legitimacy to that effort. The DOI was told in no uncertain terms that a large number of Native Hawaiians did not want federal involvement in their affairs. This proposed rule only serves to further confuse and politicize the issue,” Akina said in a news release today.

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