Thursday, March 28, 2024
Hawai'i Free Press

Current Articles | Archives

Wednesday, June 24, 2015
Proposed Federal Rules for Hawaiian Homelands Parallel Obama Admin Rewrite of Indian Law
By Andrew Walden @ 4:23 AM :: 8387 Views :: Akaka Bill, DHHL, OHA

by Andrew Walden

Proposed Interior Department rules creating a path to administratively turn Hawaiian Homelands into a fake Indian Tribe parallel a year-long Obama administration push to take the tribal recognition process in the other 49 states away from Congress.

The proposed Federal rule for Hawaiian Homelands reads: "The Secretary will determine that Congressional approval is required if the proposed amendment ... Allows the use of proceeds and income from the Hawaiian home lands for purposes other than carrying out the provisions of the HHCA...."  Since "provisions of the HHCA," as interpreted by DoI, include, "political cultural and social reorganization", the Secretary would logically conclude that Congressional approval is not required to "politically reorganize" DHHL into a fake Indian Tribe.

Meanwhile, since May 23, 2014, the Bureau of Indian Affairs has been pursuing proposed rule #RIN 1076-AF18 "Federal Acknowledgment of American Indian Tribes" which "establishes the Assistant Secretary's final determination as final...."  But this proposed rule carries standard language which illustrates why a separate rule would be necessary to create a fake Indian tribe in Hawaii: "This part applies only to entities that self-identify as Indian tribes, are located in the continental United States and believe they meet the criteria for Federal acknowledgement....  Continental United States means the contiguous 48 states and Alaska."

A bipartisan group of five Congressmen protested the DoI power grab in a March 26, 2015 letter to Interior Secretary Sally Jewel, writing: "the procedures are not based on standards or guidelines established by Congress, whose power to regulate Indian affairs under Article 1, Section 8 of the Constitution has been characterized by the Supreme Court as 'plenary' and 'exclusive'...."

An April 20, 2015 memo from House Subcommittee on Indian, Insular, and Alaska Native Affairs Subcommittee Chair Don Young warns, "The Department's proposed rule...relaxes the standards by which a petitioner may obtain recognition, leading to a concern the Department will create a tribe, not recognize an historic tribe."  Young also points out: "...in the context of federal Indian policy, the terms 'acknowledgement' and 'recognition' are used interchangeably...."

The proposed rule provoked an angry exchange in the April 22, 2015 meeting of the House Committee on Natural Resources after Assistant Interior Secretary Kevin Washburn reiterated the Administration's intent is to recognize Indian tribes without Congressional approval.  (See video below.)

---30---

Federal Register: RIN 1076-AF18

March 26, 2015: Letter to Jewell

April 20, 2015: Memo from Rep Don Young

Draft DoI Rules Create Path for Fake Indian Tribe to Take Over DHHL

Feds Grab for Rule-Making Authority over Hawaiian Homelands

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT