Ka Wai Ola - Office of Hawaiian Affairs, Volume 10, Number 1, 1 January 1993 — Native Hawaiian Recognition and Restoration Act [ARTICLE]

Native Hawaiian Recognition and Restoration Act

Re-establishment of the Native Hawaiian Govemment is a critical step in bringing about a reconciliation of the injustices heaped on Native Hawaiians following the overthrow of the Hawaiian Monarchy a century ago. The Office of Hawaiian Affairs, in conjunction with other Native Hawaiian groups and Hawai 'i ' s Congressional delegation, has prepared a draft bill that is expected to be introduced in Congress sometime in 1993. The form and stmcture of the Native Hawaiian Govemment is for Native Hawaiians to decide, but this draft bill would establish a mechanism to make it happen. It also would provide for immediate action by the President of the United States to obtain Congressional recognition of whatever Native Hawaiian govemment is so established. The draft bill recognizes that Native Hawaiians are indigenous people with a long historical and poliheal relationship with the United States. And it notes that Congress has the constitutional authority to legislate in matters affecting indigenous people, including Native Hawaiians. In recognizing the unique status of Native Hawaiians as Native Americans, the draft bill would extend to a

re-established Native Hawaiian Govemment a status and relationship with the United States similar to that whieh federally recognized Indian tribes now possess. The draft bill directs OHA to eall a Constitutional Convention of 101 delegates, elected from districts through-

out the state, for the purpose of developing an organic document (a basic, comprehensive statement of principles and practices) to govern Native Hawaiians affairs. Onee this draft document is eompleted, it will be the subject of hearings in eaeh district. and comments will be received before a final document is prepared. The draft bill provides Native Hawaiians with the right to operate a govemment of their ehoiee, and includes a

partial list of powers to be granted to the re-established Native Hawaiian Govemment. Powers include but are not limited to: • Define conditions of membership • Regulate conduct of members through legislation. • Adopt ordinances for health, safety and welfare. • Regulate domestic relations and inheritance. • Administer justice. • Levy taxes, zone lands, produce ineome from and regulate conduct on lands. • Hold, manage land or resources and administer any Trust. • Issue allotments, assignments, leaseholds or homesteads. • Regulate hunting, fishing, gathering and other traditional rights and practices of Native Hawaiians. The final document would require the approval of a majority of Native Hawaiian voters at a ratification eleetion. The bill also provides that the process of electing a constitutional eonvention, holding hearings and ratification elections will eonūnue until a gov-

erning document is approved. An appropriation of $2 million per year, through the Administration for Native Americans, would be provided to cover expenses relating to elections, conventions, hearings and other informational activities necessary to complete the process. OHA would be designated as the interim organization to manage the process and petition the president and Congress with the results.

The draft bill would extend to a re-established Native Hawaiian Government a status and relationship with the United States similar to that whieh federally recognized Indian tribes now possess.

Theform and structure of the Native Hawaiian Government isfor Native Hawaiians to decide, but this draft bill would establish a mechanism to make it happen.