Federal government finalizes pathway for formal relations with Native Hawaiians
STAR-ADVERTISER / OCT. 2015
Native Hawaiian community leader Walter Ritte publicly disenrolled from the Native Hawaiian Roll and withdrew his candidacy from the Nai Aupuni Native Hawaiian election and aha, calling for a boycott of the election in Oct. 2015. The U.S. Department of the Interior announced today a final rule to create a pathway for reestablishing a formal government-to-government relationship with the Native Hawaiian community.
The U.S. Department of the Interior announced today a final rule to create a pathway for reestablishing a formal government-to-government relationship with the Native Hawaiian community.
The final rule sets out an administrative procedure and criteria that the U.S. Secretary of the Interior would use if the Native Hawaiian community forms a unified government that then seeks a formal government-to-government relationship with the United States.
U.S. Secretary of the Interior Sally Jewell said in a statement, “Throughout this two-year rulemaking process, thousands of voices from the Native Hawaiian community and the public testified passionately about the proposal. Today is a major step forward in the reconciliation process between Native Hawaiians and the United States that began over 20 years ago. We are proud to announce this final rule that respects and supports self-governance for Native Hawaiians, one of our nation’s largest indigenous communities.”
The final rule builds on more than 150 Federal statutes that Congress enacted over the last century to recognize and implement the special political and trust relationship between the United States and the Native Hawaiian community. It also considered and addressed extensive public comments during the rulemaking process, which included public meetings in Hawaii and the mainland United States.
Native Hawaiians have not had a formal unified government since the overthrow of the Kingdom of Hawaii in 1893. In 1993, Congress enacted the Apology Resolution which offered an apology to Native Hawaiians on behalf of the United States for its role in the overthrow and committed the Federal government to a process of reconciliation. As part of that reconciliation process, in 2000 the Department of the Interior and the Department of Justice jointly issued a report identifying as its lead recommendation the need to foster self-determination for Native Hawaiians under Federal law.
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“We heard from the Native Hawaiian community about the importance of this rule to preserving its culture and traditions,” said Kristen Sarri, Principal Deputy Assistant Secretary for Policy, Management, and Budget. “This historic rule provides an opportunity for a Native Hawaiian government to exercise its inherent powers of self-government, self-determination, and economic self-sufficiency. It recognizes the special political and trust relationship between the United States and the Native Hawaiian community and will help to more effectively implement the laws that Congress passed.”
The news release said the decision to reorganize a Native Hawaiian government is one for the Native Hawaiian community — not the Federal government — to make as an exercise of self-determination. If a formal government-to-government relationship is reestablished, it could provide the community with greater flexibility to preserve its distinct culture and traditions. It could also enhance their ability to affect its special status under Federal law by exercising powers of self-government over many issues directly impacting community members.
On the net:
The final rule, Frequently Asked Questions and other documents are available on the Department of the Interior website at doi.gov/hawaiian.
23 responses to “Federal government finalizes pathway for formal relations with Native Hawaiians”
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Holumua! Diver, Kuro, KC, et al, y’all said this would never actually transpire…….tell, you what, I’ll get some chili pepa water, and you can’t eat both your words and the document.
Buahahahahahaah.
I want my free stuff!
Over 90 per cent of Hawaiians voted for statehood and their best solution is to exercise sovereignty through the existing state. Don’t like the monopoly party? Vote in different people. Supreme court will invalidate all of this anyway.
90% of imports and military, natives were banned from voting unless sponsored by a voter with land(stolen). 95% signed Ku’e Petition against annexation that caused it to fail twice. The organic act is an internal document for the US not valid here 25k miles from Amerikkka
The land base exists – namely, 200,000 acres of so called homelands. Already a federal reservation in parcels. Each parcel has a form of local governance even if not acknowledged by local public government agencies at the city, country and state levels. The ali’i trusts hold vast amounts of aboriginal land they acquired when the British style monarchy system started up after 1778. Then there is the public land trust, which accounts for the rest of all the land of the islands, which is governed by the mostly Asian derived public’s governments that legislate the rules and laws for the public land usages. Then there is fee simple land and federal military reservation land. So governing land is what is up for the taking. Thinking about this in terms of land not in terms of royalism and an overthrow is the way to constitutionally resolve this. The objective should be for the homestead native to rapidly reach parity with the Asian derived public that now benefits from the overthrow through controlling of Waikiki and ali’i trust lands and tourism, not strengthening royalism’s colonial rule. Families with land claims can best resolve them at this late date through Title 25, not through hula shows and chants. The royal societies are ceremonial, having only the kind of value a coin or a feather cloak or cape from back in the kingdom day has. There is in federal law fact no residual sovereignty in spite of codification of some kingdom era law in today’s arbitrary Hawaiian law encoded into state and other local law and custom. The “nation” is a TRIBE, not a kingdom. Those who are descendants but not homesteaders need to stop obstructing homesteaders from enjoying equal treatment from the federal government as a way to try to force congress to pay you reparations for the lands that you actually lost to Kamehameha, not to the alleged overthrow.
“Moderation”? What are the offensive words: Asian? Royalism?
Yeah, I’ve heard from them too.
The rule amends rules relating to the Hawaiian Homes Act — so does that mean any “government-to-government” relationship would involve only those with 50% Hawaiian blood (or 25%, if the person inherited the home)? And there are other federal laws that limit federal recognition as a “tribe” to the continental US and Alaska — are those being changed as well? I still do not understand what impact this rule change has. I know there are activist out there who can explain it better than the Star-Advertiser.
As for the “continent” and “lower 48” the 50th state is no longer carried in the insular bureau of the D of Interior. It is connected to two DOI sections (1) the BIA and (2) Office of Hawaiian Relations (which changed its own name to Office of Native Hawaiian Relations subsequent to congress creating it as the Office of Hawaiian relations). There is a challenge in federal court as we speak as to whether or not the capital Native Hawaiian is actually eligible for federal funding assistance through congress. Also, the story is no factual as it is a fact that only Congress can “create” a “New” Native American tribe, not the BIA/DOI etc. This is a guy born in Hawaii who accepted money from KSBE back in the day and other favors kicking the can down the road because he couldn’t pay back the favors without violating the federal constitution. This will be worked out in the courts and congress, not the executive branch, which the DOI is part of.
Maybe it’s a good thing, but why we need permission to fix our people? Sovereignty in it’s most simple definition is the right to determine one’s own destiny. Look at all the social scourges Hawaiians are confronted with and has been even after the movement started over 40 years ago. Has the social scourges that cuffs our people with high incarceration rates, poor health issues, economic and financially burdened, homelessness, education and list goes on and on, changed and somehow gotten better. I work programs for kid in out of home care, where close to 60% of the kids were removed from Hawaiian families, which indicates to me how eroded the ohana system has become for us. Our sense of Aloha comes from the love of our ohana. No get me wrong, I also believe in the need to right a wrong. If the movement was to redirect their efforts of sovereignty to actually show the world that we as a people can determine the fate and destiny of Hawaiians by addressing and resolving the social scourges that revolves around Hawaiians, we no need ask for permission. Oh by way I am a Native Hawaiian and trying to make PONO with other Hawaiians around me, not only within the political arena.
“one of our nation’s largest indigenous communities”
They are not indigenous, they came from somewhere else, and fairly recently when compared to other communities in the US.
But this may be a fine point. Not so the following:
“the overthrow of the Kingdom of Hawaii in 1893”
From what I have read, at that time, citizens of the Kingdom or Hawaii were not restricted to Native Hawaiians, so that setting up a formal relation with this group has no basis.
all true. This entire process is deeply flawed by the bad history it is based on.
Really, many bands of apaches and pueblos are historically in their US provence for 700-900 years or a time period very similar to those of native Hawaiians and in some instances less…..
I have 1/16 hawaiian blood and my Great Great Grand Aunt married her nephew to keep the royal blood in the Family. Do I have any claim to leadership in this new form of government.
Yes, you get a Kahala beachfront home, and you don’t have to work another day in your life. Did I mention free food and cable?
The key phrase is “if the Native Hawaiian community forms a unified government that then seeks a formal government-to-government relationship with the United States.”
that is the big question and the hardest thing to do with so many going in so many directions.
From now, the DRAMA begins. 1000 chiefs to 10 commoners.
This rule is going to be divisive, pitting the eite Hawaiians against all the other Hawaiians. Guess who gets the most!
This opens the door for more chaos and confusion. The U.S. government with the Obama influence are getting ready to set forth efforts to pacify Native Hawaiians.
Looks like Captain Cook all over again. The U.S. government do not take any Hawaiian movement very seriously. Just more phony ways to spend more of the tax payers money.
How soon will we see Hawaiian Casino’s?…just a short drive to Nalo or the West Side….beats going to Vegas…keeps the kala circulating in Hawaii Nei.
and what about a Hawaiian storefront selling medical pakalolo?…or booze or smokes?..maybe in my life time???
That would be interesting. Military can have bingo again…..for prizes. Hawaiians can have casinos on Hawaiian lands, cut the State out if agreed between U.S Government and Hawaiian Government….lol… wishful thinking.
What about an international Hospital campus where innovative medical techniques can be practiced! The potential is endless.
They have at least 300,000-400,000 of our land held in trust. The market valuations on this are in the billions, so the there are so many viable options to explore. Folks need to remember, the state cannot hold these ceded lands if Native Hawaiians obtain federal,recognition and thus a return or settlement would be the next big pivot….