Ka Wai Ola - Office of Hawaiian Affairs, Volume 26, Number 12, 1 December 2009 — The Journey Ahead [ARTICLE+ILLUSTRATION]

The Journey Ahead

t's clear that the "Akaka Bill" will heeome law before too long. Therefore, we need to understand what the joumey ahead will entail. Remember that the bill does not "re-establish" the Native Hawaiian government that existed before the 1893 overthrow. Rather, it provides a "process" for establishing a "Native Hawaiian Governing Entity" (NHGE). In this limited space I would like to cover the highlights of the "process" as I understand them C0MMISSI0N The bill establishes an Office for Native Hawaiian Relations in the U.S. Interior Department, and for the Interior Secretary to form a Commission of nine members (Commission) whieh will prepare and certify to the Secretary a roll (Roll) of adult Native Hawaiians who meet the definition of Native Hawaiian in the bill and elect to participate in the reorganization of the NHGE. The only requirements for membership on the Commission are 10 years of experience in studying Native Hawaiian genealogy and ability to read and translate documents from Hawaiian to English. Native Hawaiian organizations may recommend names to the Secretary for appointment. The Commission is authorized to establish the kind of documentation needed to establish a person's eligibility for inclusion on the Roll and to that end may consult with Native Hawaiian organizations and agencies of the state govemment, including the Department of Home Lands and OHA. Upon completion, the Secretary "shall" publish the Roll. Those persons listed on the Roll will be eligible to participate in the reorganization of the NHGE, and may establish criteria for election to the Native Hawaiian Interim Government Council (Council), the structure of the Council, and elect members from the Roll to the Council. C0UNCIL Onee elected, the Council may conduct a referendum among the persons on the Roll to determine the proposed elements of the organic goveming documents of the NHGE. Those elements may include: the criteria for citizenship; the proposed powers and authorities to be exercised by the NHGE; the proposed civil rights of the citizens of the NHGE "and all persons affected by the exercise of govemmental powers and authorities of the" NHGE; and any other issues. Based on the referendum, the Council may develop proposed organic goveming documents for the NHGE and distribute them along with a brief description to those listed on the Roll. Then the Council may hold elections for ratifying the proposed governing documents. When the documents are ratified and certified by the Secretary, the Council may hold elections to fill the offices of the NHGE. 60VERNIN6 ENTITY After the NHGE is reorganized and the organic governing documents are adopted the Council will submit the goveming documents to the Secretary, who is to certify that the governing documents (1) establish the criteria for citizenship in the NHGE; (2) met the legal requirements for their adoption; (3) provide the authority for the NHGE to negotiate with the Federal, State and "loeal" govemments; (4) provide for exercise of govemmental authority by the NHGE; (5) "prevent the sale, disposition, lease, or encumbrance of lands, interests in lands, or other assets of the" NHGE "without the consent of the" NHGE; (6) provide protection of the civil rights of the citizens of the NHGE and others affected by govemmental actions of the NHGE; and (7) are consistent with applicable Federal law and the special relationship between the U. S. and its indigenous native people. NE60TIATI0NS After all of that, the Native Hawaiian Goveming Entity will be able to enter into negotiations with the other governments regarding transfer of lands; exercise of govemmental authority over those lands and natural resources, and land use; exercise of civil and criminal jurisdiction; delegation of govemmental powers to the NHGE by the federal and state govemment; residual responsibilities of the federal and state governments; and grievances regarding historical wrongs committed against Native Hawaiians by the United States and the State of Hawai'i. ■

Walter M. Heen Trustee, ū'ahu