THE FEDERAL RULE AND ITS IMPLICATIONS FOR OUR PEOPLE

Dr Kalama o ka ʻāina Niheu
The two most important take home messages from the current rule is that

There will be NO LAND except for Kaho’olawe
Federal programs for Native Americans like health care and education are off the table.

Page 35 FORM OF RATIFICATION : They now say you can have a ratification vote on a governing document first OR you could have a government “stood up’”(by who? Not clear, but most likely the DOI) with a document adopted by other means and the ratification vote would just measure support of it. In other words they can just continue to move forward without our consent

Page 49-50 Individuals may use SWORN STATEMENTS for SELF-certification or for sponsoring a close family relatives for purposes of a referendum vote. In other words, there is no regulation on who gets to use your name or the name of a loved one

Page 114 NH Governing entity members are subject to Federal laws, State laws, and Native Hawaiian Governing Laws. There will be no territorial laws because there will be no Indian Country

This goes hand in hand with the almost supreme power that the Na’i Aupuni constitution grants their head of state to be able to unilaterally change the entire constitution at will

What they are looking for at the Sheraton is to have the Na’I Aupuni Gated 88 be recognized as that government so that they can move forward with writing the rules of engagement.

Supporters of this process have said argued that Na’I Aupuni no longer exists, that something is better than nothing, and that although this process is flawed, it’s the best we can get.

But what they have also shown consistently is that they will be top down, exclusive ensuring that these meetings lock out the vast majority of our people, and will have absolutely no scruples about continuing to utilize our people’s names without consent or consideration.

Now, the question is, are they able to stand a constitution during this current CNHA gathering at the Sheraton? Given the guidelines listed? My analysis is most likely, they won’t be able to pull it together so quickly. However, the frightening thing is, that given the rules described above THEY COULD.

SUMMARY OF FINAL RULE
https://www.doi.gov/…/external_faqs_on_part_50_final…

FULL FINAL RULE
https://www.doi.gov/…/procedures-reestablishing-formal…