43 C.F.R. § 50.13

Current through September 30, 2024
Section 50.13 - What must be included in the governing document?

The governing document must:

(a) State the government's official name;
(b) Prescribe the manner in which the government exercises its sovereign powers;
(c) Establish the institutions and structure of the government, and of its political subdivisions (if any) that are defined in a fair and reasonable manner;
(d) Authorize the government to negotiate with governments of the United States, the State, and political subdivisions of the State, and with non-governmental entities;
(e) Provide for periodic elections for government offices identified in the governing document;
(f) Describe the criteria for membership, which:
(1) Must permit HHCA Native Hawaiians to enroll;
(2) May permit Native Hawaiians who are not HHCA Native Hawaiians, or some defined subset of that group that is not contrary to Federal law, to enroll;
(3) Must exclude persons who are not Native Hawaiians;
(4) Must establish that membership is voluntary and may be relinquished voluntarily; and
(5) Must exclude persons who voluntarily relinquished membership;
(g) Protect and preserve Native Hawaiians' rights, protections, and benefits under the HHCA and the HHLRA;
(h) Protect and preserve the liberties, rights, and privileges of all persons affected by the government's exercise of its powers, see25 U.S.C. 1301 et seq.;
(i) Describe the procedures for proposing and ratifying amendments to the governing document; and
(j) Not contain provisions contrary to Federal law.

43 C.F.R. §50.13

81 FR 71318, 11/14/2016