Ka Wai Ola - Office of Hawaiian Affairs, Volume 27, Number 6, 1 June 2010 — Negotiations with the state and federal governments after formation and recogni tion of the Native Hawaiian Governing Entity [ARTICLE+ILLUSTRATION]

Negotiations with the state and federal governments after formation and recogni tion of the Native Hawaiian Governing Entity

A fter the Native Hawaiian / \ Government Reorgani- / \ zation Aet (the Aet) is

Ē \ enaeted and / *the Interior Seeretary has certified that the fundamental governing documents and the election of the officers of the Native Hawaiian Governing Entity (NHGE) created there conform to the requirements of the legislation, the NHGE will be recognized by the United States Government and heeome vested with the "inherent powers and privileaes of

self-government of a native government under existing law[.]" However, those powers and privileges may be modified by negotiations, required by the Act, between the NHGE and state and federal governments. So what are those powers and privileges? The phrase "native government" refers to the government of Native Indian tribes, and the nature and extent of those "inherent" powers have been established by federal/ Indian treaties, federal statutes and federal judicial opinions. Those legal precedents generally provide that the tribes are sovereign and state law will not apply to tribal members and non-members within the boundaries of the tribal lands. And as sovereign nations the rights to land and self-government are reserved to them without regard to their situation within the United States. In accordance with those

principles the federal courts ean be expected to construe the Act in favor of the existence of the NHGE's gov-

emmental rights and the rights of its members. Of course, Congress always has the plenary power to abrogate the rights established in the Act. BAR6AININ6 STREN6THS Those fundamental guarantees will strengthen the NHGE against the powers of the state and federal governments. Without them, the NHGE will

be bargaining from a far weaker position. The Act's commitment to federal hnaneial assistance will also strengthen the NHGE's bargaining position. On the other hand, the absence of a land base will weaken the NHGE. The state, particularly, will want to know where the NHGE will be exercising its planning and zoning authority. A possible solution is to transfer immediately to the NHGE all Hawaiian Homestead lands, whether under the Act of 1920 or the laws authorizing 999-year leases. With that beginning, the governments ean negotiate the transfer of ceded lands and federal surplus lands and other issues as outlined in the Act and as may eome within the purview of a native government's legal authority. See HEEN on pagE 27

Walter M. Heen TrustEE, ū'ahu

Continued from page 25 Me kou leo'ole Will be lonely without the sound ofyour voice A ke pa mai ka makani Kipu'upu'u i ka po And when the kipu 'upu 'u wind blows in the night Anuanu ka hale ua nalowale 'ia kou mahana The house will be cold; your warmth has vanished Aue no ka 'aha Keomailani Hanapi Alas, for the Keomailani Hanapi Foundation Kapa 'ia no ka ho'ohanohano ana So named to honor O kou makuahine aloha nui e your greatly loved mother. Pehea ka ho'omau ana me kou alaka'i 'ole How will they eonūnue without your guidance? Kahe ka waimaka no ka nele loa Hiere is aflood oftearsfor the deprivation 0 ka po'e maoli hana no'eau Ofthe indigenous artists A me na haumana 'imi na'auao And the students seeking knowledge 1 nana ai ia 'oe, ka hele uma o ka'aha Who looked to you, the anchor ofthe foundation Aue e ku'u kaikunane e Alas, my dear brother Waiho au me no ho'omana'o ana I remain with memories 'Akahi ho'i au i 'ike ia 'oe Ofthe first time ever I saw you Aue kou u'i loa e Oh, how handsome! Aka kou no'ono'o ana ka mea nui But it was your thinking that was important Ko'okahi mana'o ka kaua We thought alike Hawai'i maoli mau a mau True Hawaiian all the way A'ohe lua e like me 'oe There is no other like you Mahalo nui loa ia 'oe You have our greatest admiration, appreciation and gratitude No na mea a pau For everything Aue e ku'u lei hulu mamo e Oh, my precious one E ha'o mai makou ia 'oe no na kau a kau We will miss you evermore Ua noa kou 'uhane Your spirit isfree E lele aku Takeflight Aloha e ku'u Hiko e Go with love my dearest Hiko Aloha e, aloha no la e Faren'ell farev,'ell. I

LINDSEY