Ka Wai Ola - Office of Hawaiian Affairs, Volume 31, Number 9, 1 September 2014 — Department of Interior wraps up meetings on the continent [ARTICLE+ILLUSTRATION]

Department of Interior wraps up meetings on the continent

By Sarah Antone The U.S. Department of the Interior is considering whether to end a disparity between Native Hawaiians and other indigenous groups through a rulemaking that has been widely discussed and commented on by Native Hawaiians and others. Native Hawaiians are the only major indigenous group in the 50 states that does not currently have a government-to-government relationship with the United States, but also lacks a process by whieh that relationship could occur. As part of the federal government's effort to gather information, the DOI recently held five meetings on the U.S. continent, geared toward leaders and citizens of federally recognized Native nations. The Office of Hawaiian Affairs attended these meetings to listen to what was shared, especially by Native Hawaiians who attended, and also to answer questions. These continent consultations were held in Minnesota, South Dakota, Seattle, Arizona and Connecticut. Three other meetings with Native Hawaiian groups were held in Nevada and California. Combined with the 15 meetings held earlier this summer across Hawai'i, the DOI held 23 puhlie meetings on this important issue, all of whieh were open to and attended by Native Hawaiians. OHA reiterated its support for the creation of a rulemaking process or other executive aehon to establish a government-to-govemment SEE D0l MEETINGS ON PAGE 8

POI MEETINGS

Continued from page 5 relationship. OHA's first showing of support was made when it eommented directly to the DOI regarding the proposed rulemaking process pathway. OHA has also encouraged other organizations and individuals to do the same by submitting an original comment of support. While OHA supports the rulemaking process, both OHA and DOI agree that the ehoiee of what route to pursue belongs to the Native Hawaiian eommunity. Native Hawaiians, both on the eontinent and in Hawai'i, are passionate about this issue. "While we may not receive 100 percent consensus on the matter, we have seen growing support within the Hawaiian community to keep the creation of the rulemaking process open and on the table," says OHA's chief advocate, Kawika Riley. Riley stressed that the more time people have had to consider the questions, the more they have eome forward to support providing this option for Native Hawaiians. The Native Hawaiian community on the continent made their voices heard, expressing their desire to remain part of the nation-building process and stay connected to Native Hawaiian organizations and programs in Hawai'i. These views were shared with the OHA staff and trustees through informal meetings and discussions before, during and after these meetings. OHA encouraged the Native Hawaiian community to think deeply about

the issues at hand and share their views directly with the DOI. The DOI chose to pursue the most inclusive route of rulemaking by utilizing the Optional Supplementary Procedure through an Advanced Notice of Proposed Rulemaking (ANPRM). The rulemaking process is designed to consider anyone and everyone's comments prior to making any decision. This

was accomplished by including an extensive series of puhlie meetings in Hawai'i and the continental United States. While this option is not required through federal regulations, the Department of Interior demonstrated an understanding regarding the amount of sensitivity and consultation this issue requires from the Native Hawaiian eommunity. The responses should help the DOI determine if it should develop a formal administrative procedure that re-establishes a government-to-govemment relationship with the Native Hawaiian community. "This merely is an optional door. Native Hawaiians ean choose whether or not they even want to knoek on that door," says OHA's governance manager, Derek Kauanoe. "But if Native Hawaiians decide to knoek on that door, we need to know that someone is going to answer." ■

Sarah Antone is the administrative assistantfor OHA's Governance Program.

While we may not receive īoo percent eonsensus on the matter, we have seen growing support within the Hawaiian community to keep the creation of the rulemaking process open and on the table."

— Kawika Riley, OHA!s chief advocate

Public hearings have wrapped up on proposed federal rulemaking by the U.S. lnterior Department to establish a process that eoulel lead to a government-to-government relationship with Native Hawaiians. In June, federal representatives visited OHA offices, including Esther Kia'āina of the lnterior Department, second from the left, and Sam Hirsch of the Justice Department, left. - Phoio: Francine Murray