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.