Ka Wai Ola - Office of Hawaiian Affairs, Volume 34, Number 6, 1 Iune 2017 — Protecting culture and resources [ARTICLE+ILLUSTRATION]

Protecting culture and resources

n the United States, the govern-ment-to-government relationship is an "external relationship" between a Native nahon and the U.S. federal government. This relationship is in contrast to the internal relationships and affairs we focused on last month. As a

reminder, recognized Native nations use the external relationship with the federal government to develop their internal affairs and relationships. We

start this article with a brief explanation of the general protection the U.S. provides a Native nation through the government-to-govern-ment relationship. We explore a few ways Native nations utilize federal protection. Lastly, we encourage consideration of how a Native Hawaiian government could utilize the relationship. U.8. Protection In 1886, the Supreme Court explained that with the govern-ment-to-government relationship "there arises the duty of protection, and with it the power" to provide that protection. Indigenous rights advocate and law professor Charles Wilkinson explained the govern-ment-to-government relationship, in modern times, "provides protections for [Indigenous peoples'] resources and federal aid of various kinds in development of those resources." He also shared the relationship in modern times "provides federal protection for [indigenous]

resources and federal aid of various kinds in development of these resources." With federal protection, Native nations operate without interferenee from others, including the federal and state governments. A federal Indian law treatise further explains that the Secretary of the Interior must "avoid interference with internal tribal matters." Utilizing Federal Protection Richard Monette, a law professor and director of the Great Lakes Indian Law Center, shared with us how Native nations use their federally recognized status. "Here on the continent, indigenous groups understand that poliheal autonomy is important and recognition of our lands are something we hold strongly to because our lands help preserve our identities and cultures from outside pressures." Monette continued, "Having a government makes a people's voice legitimate, and it allows for the invocation of certain laws that preserve culture including the consultation process." Professor Monette also explained how federal recognition makes a difference to the Standing Rock Sioux Tribe's efforts against the Dakota Access Pipe Line. "Without federal recognition, there is no requirement to conduct consultation" indicating a federal obligation to consult with that Native nahon. Monette further explained, "Tribes set water quality standards. Even if the pipeline gets built, if the pipeline affects the tribe's water quality, the tribe's recognized status means they have a way for addressing the issue." According to Monette, recognized Native nations "have different ways of producing capital." With this capital, Native nations "then hire their own scientists for determining heahh impacts on the land base andresources caused by others SEE PR0TEGTI0N ON PAGE 17

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By Derek Kauanoe

Richard Monette

PR0TECTI0N

Continued from page 11 rather than relying on the research of state governments and state universities." This scientific evidence is used to deal with heahh and culture issues in a way that works for the Native nation. He reiterated, "a Native government ean do these things with recognition." Monette also shared that he "does not know of any collective official action" where a recognized Native nation voluntarily relinquished its recognized status. This fact is important because some say Native Hawaiians should not pursue federal recognition due to past wrongs against Native nations. While Monette clarified that there are some Native nations whose federally recognized statuses were involuntarily relinquished, he quickly pointed out that "many of those sought to have their governments rerecognized." This information suggests that while the relationship is complex, it is sufficiently useful and beneficial to aūain federal recognition. Considering Native Hawaiian Federal Protection While Native Hawaiians' history and culture are unique from other indigenous peoples, there exists a eommon desire to protect and perpetuate our eulture, language, as well as lands and other resources. If federal recognition protects a Native Hawaiian government's resources and abilities to make decisions about culture, language, and how Native Hawaiians relate to eaeh other as citizens

of that govemment, then, is federal recognition something forNative Hawaiians to seriously consider? If federal recognition makes it possible for a Native Hawaiian government to protect its cultural sites and its natural resources for its citizens and implement its own safeguards that are more effective than what the state and county governments do, then is it not an option for discussion among Native Hawaiians? In summary, the government-to-gov-ernment relationship provides Native nations with protection by the federal government against other entities and interests. This protection allows indigenous people to manage, develop, and use their resources in ways that are consistent with their culture, customs, and values without interference. Native Hawaiians may want to consider how we ean eolleetively use the govemment-to-government relationship to manage our resources to make sure we address the needs of our people today and generations to eome. ■

OHA's Govemcmce Program examines different governance modeīs, issues, etc., and shares information with our beneficiari.es through monthly KWO columns.