Ka Wai Ola - Office of Hawaiian Affairs, Volume 27, Number 3, 1 March 2010 — What happens next? [ARTICLE+ILLUSTRATION]

What happens next?

Let's look ahead to what Native Hawaiians must do when the Native Hawaiian Govemment Reorganization Bill (Bill) becomes law. The process will be rather cumbersome, but let's discuss how eaeh of us ean contribute to the formation of the Native Hawaiian Governing Entity (NHGE). FIRST: The U.S. Secretary of the Interior (Secretary) will appoint a Commission (Commission) of nine persons who have satisfied the

Secretary that they have "not less than ten (10) years of experience in the study and determination of Native Hawaiian genealogy, ... and the ability to read and translate into English documents written in the Hawaiian language." The Commission will prepare and maintain the roll of "qualified Native Hawaiian constituents." The Bill outlines those qualifications and includes nearly everyone. The first duty for Native Hawaiians is to recommend to the Secretary names of persons for appoinlmenl as Commissioners. Note that there is no requirement that the Commissioners be Native Hawaiian as defined in the bill or anywhere else. SECOND: The Commission is to establish and submit to the Secretary a certified list of "qualified Native Hawaiian constituents," (Constituents) based on the criteria in the law and the documentation of genealogy. Everyone needs to verify genealogy and submit supporting documents to the Commission. See HEN ūū page 15

Walter M. Heen TrustEE, ū'ahu

HEEN

Continued from page 13

THIRD: The Commission then must hold at least three meetings of at least two working days eaeh with the Constituents to ( 1)

develop criteria for candidates to be elected to a Council established by the Bill; (2) determine the number of Council members and the Council's structure; and (3) elect Council members from the Roll. If you want to have some inpul into these matters, you must attend the meetings and voice your opinions and recommendations. FOURTH: The Council must conduct a referendumamong the Constituents to determine: criteria for future membership in the NHGE; proposed powers, authorities, privileges and immunities of the NHGE; the civil rights and protection of rights of the NHGE citizens and those persons affected by its powers and authorities. Based on those referenda, the Council is to prepare proposed organic goveming documents for the NHGE and distribute them to the Constituents. Everyone needs to he engaged in the referendum in order that your voices will he heard on these impoilanl matters. FIFTH: The Council will then hold elections to ratify the proposed governing documents. If the Secretary certifies the "organic government documents," the Council will hold elections for the officers of the NHGE. Onee that reorganization process is completed and the governing documents are adopted, the governing documents are to be submitted to the Secretary. Everyone needs to he involved in the process: vote in the eleetions for the officers of the NHGE and īaliliealion of the governing documents. If you don't like the candidates or Ihe provisions of the governing documents, vote against them. SIXTH: When the Secretary certifies that the terms of the Bill have been complied with, and all the documents and elections are complete and proper, the Council will cease to exist and the "special relationship between the United States and the Native Hawaiian people" shall be "reaffirmed" and the NHGE will be Federally recognized as "the representative sovereign body of the Native Hawaiian people[.]" But that's not the end of the odyssey. Onee formed, the NHGE will officially represent Native Hawaiians in negotiations with the State and the Federal govemments regarding among other things, transfer of lands and natural resources, governmental authority over those assets, and exercise of civil and criminal jurisdiction. Those further negotiations will be discussed in my next eolumn. ■