Ka Wai Ola - Office of Hawaiian Affairs, Volume 27, Number 9, 1 September 2010 — ʻUh-oh. Now we have to govern!' [ARTICLE+ILLUSTRATION]

ʻUh-oh. Now we have to govern!'

A ccording to the Native Ē % Nations Institute for LeaāĒ \ ership, those words

Ē \ were expressed Ē \ by a tribal leader when the Canadian government agreed that his tribe had the right to its own lands and to govern themselves. With the imminent passage of the NHGRA, I believe they are directly applicable to us. In a recent OHA workshop, the institute discussed with us some fundamental precepts of

establishing self-governance that are clearly appropriate for us to observe. Three of them stand out for me: The governance challenge ... • Is not about what they did to you in the past but about what you will do for yourselves in the future. • Is not about what you ean get from the other governments but about what kind of government you ean create for yourselves. • Has no end point. Rights are lost or won or fought for or defended when challenged. Governance never stops. It is a daily task. We will soon need to resolve a myriad of questions about establishing a lasting governance structure that will protect our homelands and our environment, and allow us to become self-sustaining. And while we may still be smarting from our history, we must not let those hurts prevent us from "standing tall" and making our own decisions about how we will manage our affairs in the future. Native Hawaiians need to eome together and, looking forward, resolve that the govemanee form we put together will prevent a repeat of such historical events from happening again and will allow us to make our own way. The NHGRA vests the NHGE, onee formed, "with the inherent powers and privileges of self-government of a native government under existing laws[.]" The term "existing laws" clearly refers to the myriad of statutes and regulations relating to the powers of Indian tribal governments.

However, the act also provides that the NHGE and the State and Federal governments shall then negotiate

with a possible view toward modification of those powers and privileges. As I've said in previous columns, that's a two-edged sword. First, the act gives us inherent powers but, then, requires further negotiations to firmly establish the parameters of those powers. But modification ean be good or bad. Certainly, the State and the Federal governments

will try to limit the NHGE's authority, while NHGE's representatives must insist on powers and authority that are as far reaching as possible. So, in my view, the strategy for NHGE is clear. I believe that NHGE must first become knowledgeable about the history and present status of Indian law, the source of the "inherent powers and privileges of self-government of a native government." That establishes the "playing field." There are countless experts in Indian law that ean be consulted and hired. Based on that knowledge, NHGE must adopt a form of government that ean be best utilized to put into action the powers it deems vital to true self-governance. Merely by way of illumination, and not to be considered as solid suggestions, the new structure could probably include an agency for management of lands acquired back from the State and the Federal governments, and agencies for health, housing and medical services for Native Hawaiians. Two matters that will probably lead to extensive negotiations are the exercise of civil and criminal jurisdiction, and the taxing authority. Civil and criminal jurisdiction has long been the subject of heated dispute between the Indian tribes and the State and Federal governments and will probably be so here. Finally, the NHGE must be prepared every day to fight for and preserve its rights of self-governance. ■

Walter M. Heen TrustEE, O'ahu