Ka Wai Ola - Office of Hawaiian Affairs, Volume 33, Number 10, 1 October 2016 — DOI Finalizes Pathway to Government-to-Govemment Relationship [ARTICLE]

DOI Finalizes Pathway to Government-to-Govemment Relationship

— White House Press Release — WASHINGTON — The U.S. Department of the Interior announced a hnal rule to create a pathway for reestablishing a formal government-to-government relationship with the Native Hawaiian community. The hnal rule sets out an administrative procedure and criteria that the U.S. Secretary of the Interior would use if the Native Hawaiian community fonns a unified government that then seeks a fonnal government-to-government relationship with the United States. "This final rule provides the Native Hawaiian eommunity with the opportunity to exercise self-detennination by reestablishing a fonnal government-to-govermnent relationship with the United States," said U.S. Secretary of the Interior Sally lewell. "Throughout this two-year rulemaking process, thousands of voices from the Native Hawaiian connnunity and the puhlie testified passionately about the proposal. Today is a major step forward in the reconciliation process between Native Hawaiians and the

United States that began over 20 years ago. We are proud to announee this final rule that respects and supports selfgovernance for Native Hawaiians, one of our nation's largest indigenous connnunities." The final rule builds on more than 150 Federal statutes that Congress enacted over the last century to recognize and implement the special political and trust relationship between the United States and the Native Hawaiian connnunity. It also considered and addressed extensive puhlie connnents during the rulemaking process, whieh included puhlie meetings in Hawaii and the mainland United States. Native Hawaiians have not had a formal unified government since the overthrow of the Kingdom of Hawaii in 1893. In 1993, Congress enacted the Apology Resolution whieh offered an apology to Native Hawaiians on behalf of the United States for its role in the overthrow and eommiu ted the Federal govermnent to a process of reconciliation. XI D0l ON PAGE 23

D0j Continued from page 4 As part of that reconciliation process, in 2000 the Department of the Interior and the Department of Iustice jointly issued a report identifying as its lead reconnnendation the need to foster selfdetermination for Native Hawaiians under Federal law. "We heard from the Native Hawaiian community about the importance of this rule to preserving its culture and traditions," said Kristen Sarri, Principal Deputy Assistant Secretary for Policy, Management, and Budget. "This historic rule provides an opportunity for a Native Hawaiian goveinment to exercise its inherent powers of selfgovernment, self-detennination, and eeonomie self-sufficiency. It recognizes the special political and trust relation-

ship between the United States and the Native Hawaiian conununity and will help to more effectively implement the laws that Congress passed." The decision to reorganize a Native Hawaiian govermnent is one for the Native Hawaiian conununity — not the Federal government — to make as an exercise of self-detennination. If a formal government-to-government relationship is reestablished, it could provide the conununity with greater flexibility to preserve its distinct culture and traditions. It could also enhanee their ability to affect its special status under Federal law by exercising powers of self-government over many issues directly impacting conununity members. The final rule, along with Frequently Asked Questions and other supporting docmnents, is available for review at www.doi.gov/hawaiian. ■