UPDATE--Analysis: Draft DoI Rules Create Path for Fake Indian Tribe to Take Over DHHL
* * * * *
STATEMENT REGARDING U.S. DEPARTMENT OF THE INTERIOR RULES
News Release from DHHL May 8, 2015
KAPOLEI, HAWAII — The Department of Hawaiian Home Lands (DHHL) has not had an opportunity to fully review the proposed rules and evaluate the potential impacts to the department and its beneficiaries.
The department has had a long relationship with the U.S. Department of the Interior (DOI) and appreciates DOI’s efforts in supporting its mission established by the Hawaiian Homes Commission Act.
We will be discussing this with the Hawaiian Homes Commission and look forward to participating in the rulemaking process to provide our feedback to DOI. We are hopeful that the ultimate outcome is clarity in the relationship between DOI and DHHL.
* * * * *
Publication of Proposed Hawaiian Home Land Rules Governing Land Exchanges and Amendments to the Hawaiian Homes Commission Act
From US Department of the Interior, 05/08/2015
WASHINGTON, D.C. - The Department is seeking comments on proposed Federal rules that seek to clarify how we review land exchanges involving Hawaiian home lands and amendments to the Hawaiian Homes Commission Act proposed by the State of Hawai‘i.
BACKGROUND + DEPARTMENTAL STATEMENT
The health and strength of the Hawaiian Home Land Trust and the beneficiaries is among the top priorities for the U.S. Department of the Interior. We are optimistic that with input from beneficiaries, the Native Hawaiian Community, the State of Hawai‘i and others, that we can put an effective process in place that will serve the beneficiaries on and off the land. The Department seeks to do this by providing clarity about how we review land exchanges and amendments to the Hawaiian Homes Commission Act, and also providing the State of Hawai‘i and the Department a clear path for how to work together in protecting the Hawaiian Home Lands Trust.
The proposed rules we’re issuing in the coming days seek to clarify the Federal Government’s responsibilities in helping to ensure the management of the Home Lands Trust occurs in a fair, transparent, and sustainable manner.
“The Department of the Interior takes our responsibilities for the Hawaiian Home Lands Trust and its beneficiaries seriously,” said Kris Sarri, Principal Deputy Assistant Secretary - Policy, Management, and Budget at the U.S. Department of the Interior. “is the Trust is vital to the health and strength of the Native Hawaiian Community, and especially to the beneficiaries who live on the lands or are on the waiting list for a homestead lease. That's why the Department today is proposing rules for public comment that seek to clarify the process it undertakes to review land exchanges involving Hawaiian home lands and amendments to the Hawaiian Homes Commission Act proposed by the State of Hawaii.”
The proposed rules 43 C.F.R. parts 47 & 48 seeks to deal with two specific Departmental responsibilities. They are the Department’s review of (1) proposed land exchanges involving trust lands and (2) amendments (proposed by the State of Hawai‘i) to the HHCA. The processes outlined in both parts 47 & 48 seek to build upon past experiences and success working with beneficiaries and the State (e.g., Statewide consultation efforts between 2007-2012 by the Department to obtain input on potential land exchanges and amendments to the HHCA) to protect the Trust.
Part 47 seeks to clarify for the State and the beneficiaries the Department of the Interior’s land exchange review process when Hawaiian home lands are involved, the documents the Department will use for the review, and the standards to be used in that review.
- Seeks to ensure that certain Federal laws are appropriately applied in land exchanges, including: NEPA, National Historic Preservation Act, Native American Graves Protection and Repatriation Act (NAGPRA).
- Seeks to ensure appraisals of properties involved in a Hawaiian Home Lands Trust land exchange meet Federal standards and that all parties can be confident in the results of the appraisals.
- Seeks to ensure all land exchanges involving Hawaiian home lands are reviewed with the primary goal of protecting the interest of the Trust and its beneficiaries.
Part 48 seeks to clarify for the State and the beneficiaries the steps the Department will take to review proposed amendments to the Hawaiian Homes Commission Act and the standards to be used in that review.
- By utilizing this rule, everyone can have confidence that our reviews will be fair, in compliance with all applicable Federal laws and completed with the primary goal of protecting the interests of the Trust and its beneficiaries.
The State of Hawai‘i, beneficiaries of the Hawaiian Home Lands Trust, the Native Hawaiian Community, and the general public are invited to comment on the proposed rules which will be available for official comment beginning Tuesday, May 12, 2015 at www.regulations.gov.
The draft proposed rules are available for review now at http://www.doi.gov/ohr/loader.cfm?csModule=security/getfile&pageid=1158567.
The public comment period for these proposed rules will last 60 days from the date of publication. If the Department ultimately decides to issue a final rule it could be published within six months of the publication of the proposed rules.
Subscribing to RSS feeds will not register a Native Hawaiian organization (NHO) on DOI's NHO Notification List. To learn more about the List and to access a sample registration form, please visit www.doi.gov/ohr/nativehawaiians/list.cfm.
* * * * *
Asian American, Native Hawaiian and Pacific Islander Leaders Applaud the President and the Department of the Interior for Proposed Hawaiian Home Land Rules
News Release from CNHA May 10, 2015
WASHINGTON, D.C.—The National Council of Asian Pacific Americans (NCAPA) and Council for Native Hawaiian Advancement (CNHA) sincerely thank the Department of the Interior (DOI) and President Obama for proposing rules Friday for public comment regarding Hawaiian home lands.
The proposed Federal rules aim to clarify how the DOI reviews land exchanges involving Hawaiian home lands and amendments to the Hawaiian Homes Commission Act proposed by the State of Hawai‘i. The proposed rules will be available for official comment on Tuesday, May 12, 2015 at www.regulations.gov.
NCAPA leaders issued the following statements:
Michelle Kauhane, president of the Council for Native Hawaiian Advancement:
“We are excited to hear the news about the beginning of the rule-making process. This has been a top priority for us for many years as we further our goal to improve the lives of our Native Hawaiian community and Hawaiian Home Land Trust beneficiaries. We recognize this announcement as a significant first step and look forward to reviewing the rules further and providing our comments.”
Mini Timmaraju, NCAPA national director:
“NCAPA is proud to work with our member group, the Council for Native Hawaiian Advancement (CNHA) and partner, the Sovereign Councils of the Hawaiian Homelands Assembly (SCHHA), to support these proposed rules. We look forward to supporting CNHA in their work with DOI and the President to ensure that Native Hawaiian voices are heard in the rule-making process.”
Robin Danner, one of the first Hawaiian leaders to advocate participation in NCAPA, and policy chairman of the SCHHA:
“We are very pleased to see real action from the Obama Administration in furthering the rights of our Hawaiian people. We congratulate the President for making good on this long overdue commitment to those on the lands established by Congress under the Hawaiian Homes Commission Act and those still waiting. The SCHHA is proud to have worked on this policy priority with CNHA, and we especially thank NCAPA for standing with Native Hawaiians to push for justice now and in the years to come.”
The National Council of Asian Pacific Americans (NCAPA), founded in 1996, is a coalition of 34 national Asian Pacific American organizations. Based in Washington D.C., NCAPA serves to represent the interests of Asian American, Native Hawaiian and Pacific Islander (AA & NHPI) communities and to provide a national voice on policy issues and priorities.
* * * * *
Star-Adv: First-ever regulations will clarify Hawaiian Homes law
Robin Danner, the former Council for Native Hawaiian Advancement chief executive who met two years ago with President Obama to ask that the rule-making process start, was elated when she heard about the latest development.
After nearly 95 years without rules, Danner said, the start of the rule-making process marks a significant step that proponents say will lead to more federal regulations, providing clear parameters for holding the state accountable and paving the way for more trust lands going to beneficiaries Danner cronies.
"We were high-fiving," Danner said upon learning the news. "It means the door is open and it can't be shut."
An Interior spokeswoman told the Honolulu Star-Advertiser that her agency does not expect to issue additional proposed rules beyond what is being made public this week.
"That's very disheartening," said Kauai resident Bill Fernandez, a retired judge who believes more rules are needed to hold the state accountable for its trust obligations.
But Danner, who is policy chairwoman for the Sovereign Councils of the Hawaiian Homelands Assembly, said the Obama administration was asked to start with two basic "housekeeping" areas for practical and strategic reasons — Obama's term ends in January 2017 — and that beneficiaries will advocate for more rules once the next administration takes office.
"This is just the beginning of what I anticipate will be five to six years of rule-making," she said.
"I think this is amazing," added Michelle Kauhane, head of the Native Hawaiian Advancement group, which several years ago made federal rule-making a top priority. "It's an important step in the right direction."
* * * * *
Reality: Report Exposes Scheme to Funnel Interior Department Money to Council for Native Hawaiian Advancement
More Reality: Danner Sisters Upset Because Ige Won't Let Them Take over Hawaiian Homelands and Turn it into Indian Tribe
Hawaii Admission Act: Article 4 -- "As a compact with the United States relating to the management and disposition of the Hawaiian home lands, the Hawaiian Homes Commission Act, 1920, as amended, shall be adopted as a provision of the Constitution of said State...."