The U.S. Department of the Interior has announced that it will develop a formal “Native Hawaiian community consultation” policy. The announcement marks a substantial advance in Interior’s commitment to incorporate Hawaiians’ input in actions affecting them.
The significance is in Interior’s affirming an official dialogue pipeline between the federal government and Hawaiians, regardless of the existence of a government body that speaks for all Hawaiians.
“This chapter affirms and honors the special political and trust relationship between the United States and the Native Hawaiian community, characterized as a government-to-sovereign relationship,” Interior’s announcement states.
While the consultation policy affirms Hawaiians’ place at the table, it explicitly does not give Hawaiians new powers, and applies only to actions undertaken by Interior. What it does do is require Hawaiian input equal to that specified by federal policy for “Indian” tribes. The consultation requirement would apply to policies or actions with “substantial direct effects” on Hawaiians, including regulations or proposed legislation, as well as consideration of “the distribution of power and responsibilities” between the federal government and Hawaiians.
Interior officials will also be required to consult with Native Hawaiians on any issues that might affect their ancestral lands, water and cultural resources.
Carmen Hulu Lindsey, chair of the Office of Hawaiian Affairs board, describes it as “a victory in the fight for Native Hawaiian sovereignty and self-determination,” in that it “confirms and respects the special political and trust relationship” between the U.S. and Native Hawaiians.
The final language of the policy and the particulars of the mandates it may create are being developed, and this will also require Hawaiian input. Interior’s Office of Native Hawaiian Relations will host online meetings on Nov. 10 and Dec. 5; the draft policy and meeting registration links are posted at 808ne.ws/consult.
This significant step forward by Interior comes at a time when Native Hawaiian organizations are increasingly vocal about having input, at a minimum.
The Sovereign Council of Hawaiian Homestead Associations (SCHHA), for example, is creating its own list of potential Hawaiian Homes commissioners who could be appointed by the incoming governor to be part of the Department of Hawaiian Home Lands (DHHL) governing body.
“What we’re saying is that shouldn’t we have a say,” said Mike Kahikina, a SCHHA founding member who served eight years on the Hawaiian Homes Commission, in supporting homesteaders’ right to be involved in decision-making. “We like take over our own trust, and our purpose is to get rid of the waitlist, period.”
SCHHA also showed its determination to be heard by reaching out to Congressman Kai Kahele and the Department of the Interior, questioning DHHL’s authority to extend long-term land leases on Hawaiian Homelands property. The objections prompted Interior to step in and assert some control over DHHL actions.
Meanwhile, OHA has pushed back over state restrictions on its land use at Kakaako Makai, and pushed successfully for additional funding derived from the state’s ceded lands.
And the nonprofit Council for Native Hawaiian Advancement (CNHA) has grown into an organization controlling grants and contributions of $70 million in 2021 — much of it COVID-19 pandemic relief programs — from just over $1 million annually in 2018. The group is now pressing to become a force in Hawaii’s tourism industry, vying with the Hawaii Visitors and Convention Bureau for a multimillion-dollar tourism contract for U.S. marketing.
At CNHA’s annual conference this year, which drew about 1,700 in July, CNHA CEO Kuhio Lewis told the Star-Advertiser it’s about “hulihia,” which means deep structural change. That change, which could bring Hawaiian viewpoints to the center of decision-making, may already have begun.
