Interior Department Finalizes Pathway to Reestablish a Formal Government-to-Government Relationship with the Native Hawaiian Community
Photo from Office of Hawaiian Affairs / Facebook
Published September 23, 2016
WASHINGTON — 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.
“This final rule provides the Native Hawaiian community with the opportunity to exercise self-determination by reestablishing a formal government-to-government relationship with the United States,” said U.S. Secretary of the Interior Sally Jewell. “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.
“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 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.
The final rule, along with Frequently Asked Questions and other supporting documents, is available for review at www.doi.gov/hawaiian.
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ABOUT TIME! AND ABOUT TIME FOR ALL TRIBES TO HAVE “GOVERNMENT TO GOVERNMENT” DISCUSSIONS, ABOUT SELF RULE AND THE FUTURE OF THE PEOPLE REALLY GOVERNING THEIR LAND.
I agree! If the government of the USA had not abused the centuries old treaties and had been communicating government to tribal governments, the pipeline problems probably would never have occurred.
At last.
The scheduled “spot-check” meetings in an urban setting across the United States to discuss a more “meaningful” understanding on consultation relevant to DAPL regarding the federal government’s role in government-to-government relationship with federally-recognized tribes should be cancelled. The sole reason is provided on this particular article. The final rule that provides the Native Hawaiian community with the opportunity to exercise self-determination by reestablishing a form government relationship with the U.S. This process took two years instead of the four hours allotted to each of the scheduled meetings. Within the two years, “… 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.” The “reconciliation process” provided under a 95-page document entitled “From Mauka to Makai: The River of Justice Must Flow Freely” Report on the Reconciliation Process Between The Federal Government and Native Hawaiians” Prepared by the Department of the Interior and The Department of Justice. October 23, 2000. During a two-day meeting at the University of Hawai’i at Manoa,(March 1999) more than 300 people attended and approximately 100 statements were heard each day covering a wide range of issues. In addition, 262 individuals and organizations submitted statements in the ensuing months. Many of these statements recommended certain steps that would further the reconciliation process. Present for the Department of Interior was one John Berry and one Mark Van Norman for the Office of Tribal Justice. Messrs. Berry and Van Norman, the authors of the Report, had “accepted Senator Akaka’s definition of “reconciliation” as a “means for healing” and in addition believe, in the words taken from one statement “a reconciliation” requires something more than being nice or showing respect. It requires action to rectify the injustices and compensation for the harm.” The authors urge the Federal Government to use the reconciliation process to address a wide array of issues, focusing on actions (proposed Plan of Action that begins on page 17 through 20 of the 95-page document) that will provide a better future for Native Hawaiians. This article content should be studied and appropriate parts implemented as needed for the “meaningful understanding” espoused by the Federal Government as the ultimately outcome to the DAPL issue.
The statement from the DOI regarding “overwhelming support from the Hawaiian community” is a blatant LIE! 2014 meetings on Hawaiian Islands and 98% of the people testified ON RECORD (https://www.youtube.com/watch?v=XDNsTiyl6d4) and understand that the DOI said ALL testimony is being recorded, there are NO translators but that will be done via video and transcribed and counted… Then we were told later that NO VERBAL or VIDEO statements would be VALID…. This is NOT what the Lahui, the Kanaka Maoli want, nor do they agree with it in ANY FORM… A small group has decided to make decisions WITHOUT THE CONSENT OF THE PEOPLE… WE DO NOT RELINQUISH OUR RIGHTS TO BE UNDER THE DOI, WE DO NOT RELINQUISH OUR LANDS NOR OUR IDENTITY. We ALOHA our brothers and sisters on the GREAT Honua, we Stand with them at the Sacred Stone Camp and are against any ANY development regarding sacred sites…DO NOT SUPPORT FEDERAL RECOGNITION FOR HAWAIIANS, WE ARE THE INHERITORS OF OUR KULEANA AND WE WILL NOT ACCEPT FEDERAL RECOGNITION…..
One of several videos posted to youtube voicing strong opposition to federal recognition. I hope you will take the time to view them.
DOI hearing in Keaukaha July 2, 2014
We do not want Federal recognition. We are a recognized sovereign nation of our own, illegally taken by the United States. We are not Native American Indians, nor are we a tribe. We have our language back today that you banned, we have our culture, we have our heritage, and we know who we are. We are continuously being educated and staying informed. We will continue to oppose you, standing in Kapu Aloha, and will fight you until our last breath. Remember, a few do not speak for the majority of Kanaka Maoli.
This Hawaiian issue is critical, however, timely as this this issue have been placed on the political table and should be addressed by those present at the Standing Rock Sioux Nation encampment now. Use the REPORT cited in my previous comment. Have this document generated out and appoint a working group, of course, lead and guided by individuals overseeing this “final ruling.” Remember all eyes are on Standing Rock, therefore, anything coming forth from this encampment already its Seal symbolizing its approval of the First Nations across Indian Country. This massive and phenomenal divinely-inspired is our only opportunity to exercise our God-given right. Let us exercise those rights!
The over $1 million dollar donation by over 11,000 individuals the world over to the Sacred Stone Camp (see Bismarck Tribune’s issue dated Sept. 10, 2016 entitled “Fundraising for Sacred Stone Camp tops $800,000–over $1,000,000 plus now) can be used to fly in the individuals overseeing this final ruling as this “earnest monies donated” is specially designated for the entire encampment, therefore, money is no issue here. The Hawaiians need our help at this chaotic time as Sovereign Nations we are now in the driver’s seat since the victorious military battle on June 25, 1876. We were place on federal lands instead of claiming the honors of the Victor similar to our cases won in the court of law, the attorneys take the settlement/award monies due us and give us the crumbs. Well, Russell Means describes it exceptionally in his video on You Tube entitled “Russell Means Welcome to American Indian Reservation”–it’s time to look at this powerful video.