More than a year after holding hearings in Hawaii where most speakers rejected U.S. government involvement in their Native Hawaiian sovereignty discussions, the Department of the Interior announced Tuesday a proposal to create a procedure in case a unified government comes forward seeking federal recognition.
More than a year after holding hearings in Hawaii where most speakers rejected U.S. government involvement in their Native Hawaiian sovereignty discussions, the Department of the Interior announced Tuesday a proposal to create a procedure in case a unified government comes forward seeking federal recognition.
“We’ve listened to the feedback we received during the public meetings and in writing and worked to improve the proposal to reflect those comments,” U.S. Secretary of the Interior Sally Jewell said in a statement. “We appreciate the many voices on this topic and look forward to hearing from the public on this proposal.”
The series of public meetings throughout the state in the summer of 2014 were dominated by Native Hawaiians seeking full authority to run their own nation without the federal government’s involvement. Many Hawaiians said they don’t want to be considered another tribe, but Native Americans attending similar meetings on the U.S. mainland were overwhelmingly in favor of recognition for Hawaiians.
The more than 5,000 members of the public who submitted written responses also overwhelmingly favored creating a pathway for re-establishing a formal government-to-government relationship, according to Interior Department officials.
“It’s a very exciting time for Hawaiians,” said Lei Kihoi, Hawaii Island representative on the Native Hawaiian Roll Commission.
Still, she said, federal recognition is just one of many options available to Hawaiians as they organize a convention to consider many possibilities, ranging from status quo to a return to a full-fledged “kick the Americans out” Hawaiian Kingdom.
Kihoi, who’s running as a delegate for the aha, or convention, says she’s keeping an open mind.
“We all come from the same place,” she said. “We were illegally overthrown and we want justice. I do, anyway.”
Under the new proposal, the Native Hawaiian community — 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, Interior officials emphasized.
A host of state government officials and officials representing Native Hawaiian interests welcomed the news Tuesday and urged the public to provide more input to the Interior Department through the rule-making process.
“This rule shows the Obama administration’s commitment to Hawaiians and other native people by supporting self-governance for the Native Hawaiian community,” Kamanaopono M. Crabbe, chief executive officer for the Office of Hawaiian Affairs, said in a statement. “While the United States has long supported Hawaiians as a native people, this proposed rule addresses an injustice by allowing Native Hawaiians to receive the benefits of a government-to-government relationship that has been denied them.”
Gov. David Ige called the announcement a “groundbreaking move for the Native Hawaiian community.”
“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,” Ige said in a statement.
“Many in Hawaii have persevered for decades to reach this point,” said U.S. Sen. Mazie Hirono, D-Hawaii. “I will continue to call for forward momentum on this issue until that final step is achieved.”
“Native Hawaiians have the right to reorganize a government that they determine is best for them,” said U.S. Sen. Brian Schatz, D-Hawaii.
“Many indigenous groups in the U.S. have the right of self-determination, and today’s announcement acknowledges that that right also belongs to the Native Hawaiian people, one of the largest native communities in the country,” said U.S. Rep. Tulsi Gabbard, a Democrat representing rural Oahu and the neighbor islands.
Native Hawaiians are in the midst of a process of registration, election of delegates and a convention created by state statute and coordinated through the state Office of Hawaiian Affairs. Native Hawaiian voter registration wraps up Oct. 15. Delegate ballots will be sent to voters Nov. 1. Voting will end Nov. 30, under the plan.
The convention is scheduled to last eight weeks, beginning in February. Its purpose is to decide if a Native Hawaiian government should go forward, and if so, recommend a governance document to be ratified by eligible Native Hawaiian voters.
The election has been challenged in U.S. District Court in Honolulu by a group of Hawaiians and non-Hawaiians who contend a race-based election is contrary to the federal Voting Rights Act and the Constitution. The case was filed by the Washington, D.C.-based public interest law firm Judicial Watch, working with the Honolulu-based Grassroot Institute.
U.S. District Judge Michael J. Seabright scheduled an Oct. 20 hearing on a motion for preliminary injunction, which asks the election be halted until the case in chief can be decided.
“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,” Grassroot Institute president Kelii Akina, who is Hawaiian, said in a statement. “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.”
The federal proposal takes the form of a Notice of Proposed Rulemaking which can be viewed at www.doi.gov/ohr. Public comments will be accepted for the next 90 days in writing by email to part50@doi.gov, on www.regulations.gov (docket no. DOI-2015-0005), or by U.S. mail/hand delivery to the Office of the Secretary, Department of the Interior, Room 7228, 1849 C St. NW, Washington, DC 20240.
The public also can participate in teleconferences on the proposed rule, a schedule of which is available at https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/Public%20Meetings%20and%20Consultation%20Schedule.pdf.
Email Nancy Cook Lauer at ncook-lauer@westhawaiitoday.com.