New Department of Interior policy seeks to strengthen bond with Native Hawaiians

Some Native Hawaiians want to secede from the United States.

The Federal government took a small but significant step towards healing the wound created when the US took part in the overthrow of the Hawaiian Monarchy.

The Department of the Interior announced Oct. 18 that, for the first time in the agency’s history, it will require formal consultation with the Native Hawaiian community. New policies and procedures, subject to formal consultation, will further affirm and honor the special political and trust relationship between the United States and Native Hawaiians.

“The Interior Department is committed to working with the Native Hawaiian Community on a government-to-sovereign basis to address concerns related to self-governance, Native Hawaiian trust resources, and other Native Hawaiian rights,” said Secretary Deb Haaland.

“A new and unprecedented consultation policy will help support Native Hawaiian sovereignty and self-determination as we continue to uphold the right of the Native Hawaiian Community to self-government.”

The draft consultation policy and procedures seek to, among other things:

• Bolster the Department’s consultation efforts to encourage early, robust, interactive, pre-decisional, informative and transparent consultation;
• Require that Department staff undergo training before participating in consultation;
• Establish bi-annual meetings between the Secretary and Native Hawaiian Community leaders to consult on matters of mutual interest;
• Clarify that the Department’s decision-makers must invite Native Hawaiian Community leaders to engage in consultation; and
• Require a record of consultation.

The draft requirements help further the spirit and intent of President Biden’s “Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships,” which outlines the Administration’s efforts to engage Indigenous communities early and often in federal decision-making.

 

The changed in relationship might stem to the growing movement that wants Hawaii to secede from the United States.

In 1893, with a contingent of 300 US Marines behind him, businessman Sanford Ballard Dole overthrew Queen Liliuokalani, the Hawaiian monarch, and establish a new provincial government with Dole as president. In order to avoid bloodshed, the queen surrendered. The coup occurred with the foreknowledge of John L. Stevens, the US minister to the Kingdom of Hawaii.

On February 1, Stevens recognized Dole’s new government on his own authority and proclaimed Hawaii a US protectorate. Dole submitted a treaty of annexation to the US Senate, but most Democrats opposed it, especially after it was revealed that most Hawaiians did not want annexation.

President Grover Cleveland sent a new US minister to Hawaii to restore Queen Liliuokalani to the throne, but Dole refused to step aside and instead proclaimed the independent Republic of Hawaii. Cleveland was unwilling to overthrow the government by force, and his successor, President William McKinley, negotiated a treaty with the Republic of Hawaii in 1897.

In 1898, the Spanish-American War broke out, and the strategic use of the naval base at Pearl Harbor during the war convinced Congress to approve formal annexation. Two years later, Hawaii was organized into a formal US territory and in 1959 entered the United States as the 50th state.

Unlike Native American tribes and Alaska Natives, Native Hawaiians are not federally recognized by the US government as having their own sovereign nation.

During the Obama administration, the federal government attempted a more formal government-to-government relationship with Native Hawaiians but the process got mired by the deep divisions in the Native Hawaiian community.

This new consultation policy appears to be a renewed attempt by the Biden administration to put Native Hawaiians on similar footing as other Indigenous groups that are federally recognized.

The Office of Native Hawaiian Relations (ONHR) will host two virtual consultations on Thursday, Nov. 10 from 9 to 11 a.m. HST and Monday, Dec. 5 from 6 to 8 p.m. HST to gather feedback from the Native Hawaiian Community on the new policy. ONHR discharges the Secretary's responsibilities for matters related to Native Hawaiians and serves as a conduit for the Department’s field activities in Hawaiʻi. 

More information about the consultations is available on ONHR’s website.

Senator Brian Schatz, D-HI, chair of the Indian Affairs Committee, praised the new path created by the DOI.  The policy was a “very big deal and a vital first step,” Schatz said.

“One of the most important principles in policymaking, especially as it relates to Native communities, is: ‘nothing about me, without me,’” said Schatz in a prepared statement. “This policy update recognizes that consultation with Native Hawaiians is an essential aspect of decision-making for the federal government and key to upholding its trust responsibility. We have a long way to go, but all progress starts with listening.”

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter.

Biden's Indigenous Peoples Day proclamation is history in the making

Native Americans across the nation observed Indigenous Peoples Day instead of Columbus Day.

President Biden is the first U.S. President to proclaim Oct. 11 as Indigenous Peoples Day. He also signed a separate proclamation for Columbus Day.

On Friday, in both proclamations, he sought to walk a thin line to allow Italian Americans to celebrate one of their heroes but also to present American history within the context of today's perspective instead of glorifying Christopher Columbus' voyage in 1492 and the subsequent exploitation and destruction of native civilizations.

In the Columbus Day proclamation, he honored the contributions to America of Italian Americans, who have turned the day into a celebration of all things Italian even though Christopher Columbus' infamous voyage was under the flag of Spain,

RELATED: Christopher Columbus, hero or villan?

In proclaiming Indigenous Peoples Day, Biden fulfilled a campaign pledge to the original inhabitants of the United States.

"In the first week of my Administration, I issued a memorandum reaffirming our Nation’s solemn trust and treaty obligations to American Indian and Alaska Native Tribal Nations and directed the heads of executive departments and agencies to engage in regular, meaningful, and robust consultation with Tribal officials," he said in his historic proclamation.

"Our country was conceived on a promise of equality and opportunity for all people — a promise that, despite the extraordinary progress we have made through the years, we have never fully lived up to. That is especially true when it comes to upholding the rights and dignity of the Indigenous people who were here long before colonization of the Americas began," said Biden. 

"For generations, Federal policies systematically sought to assimilate and displace Native people and eradicate Native cultures. Today, we recognize Indigenous peoples’ resilience and strength as well as the immeasurable positive impact that they have made on every aspect of American society."

He tempered the Columbus Day proclamation by reminding the nation of the true impact of arrival of European explorers and settlers on the America's

“Today, we also acknowledge the painful history of wrongs and atrocities that many European explorers inflicted on Tribal Nations and Indigenous communities,” Biden wrote. “It is a measure of our greatness as a Nation that we do not seek to bury these shameful episodes of our past — that we face them honestly, we bring them to the light, and we do all we can to address them,” Biden said.

  

At the same time he honored and acknowledged the contributions of Italian Americans to the United States.

The Indigenous Peoples Day proclamation included American Indians, Alaskan Natives and Native Hawaiians. It continued, "We must never forget the centuries-long campaign of violence, displacement, assimilation, and terror wrought upon Native communities and Tribal Nations throughout our country."

In Hawaii, Discoverers' Day includes honoring the Polynesians who sailed to the island state.

Since the 1990s, a growing number of states have begun replacing Columbus Day with Indigenous People’s Day — a holiday meant to honor the culture and history of Native Americans.

Indigenous Peoples’ Day has grown in popularity, either replacing or being celebrated along with Columbus Day in towns, cities, states and schools across the nation, according to the History Channel. 

In Hawaii, the day is observed as Discoverers' Day, “to honor all discoverers, including Pacific and Polynesian navigators.”

In much of Latin America, Columbus' arrival is known as Dia de la Raza.

With Deb Haaland, the first Native American Secretary of the Interior, by his side, Biden issued his proclamations on the same day the White House announced its plans to restore territory to two sprawling national monuments in Utah that Trump had stripped of protections from mining and fossil fuel interests. One, Bears Ears, is on land that Native American tribes consider sacred.

Native Americans and their supporters demonstrated in front of the White House today (Oct. 11) to protest oil pipelines transversing and endangering their reservations and water resources and to demand action on the climate crisis. Arrests were made when they disobeyed police orders to move on.

Following is Biden's Presidential Proclamation for Indigenous Peoples' Day:

Since time immemorial, American Indians, Alaska Natives, and Native Hawaiians have built vibrant and diverse cultures — safeguarding land, language, spirit, knowledge, and tradition across the generations. On Indigenous Peoples’ Day, our Nation celebrates the invaluable contributions and resilience of Indigenous peoples, recognizes their inherent sovereignty, and commits to honoring the Federal Government’s trust and treaty obligations to Tribal Nations.

Our country was conceived on a promise of equality and opportunity for all people — a promise that, despite the extraordinary progress we have made through the years, we have never fully lived up to. That is especially true when it comes to upholding the rights and dignity of the Indigenous people who were here long before colonization of the Americas began. For generations, Federal policies systematically sought to assimilate and displace Native people and eradicate Native cultures. Today, we recognize Indigenous peoples’ resilience and strength as well as the immeasurable positive impact that they have made on every aspect of American society. We also recommit to supporting a new, brighter future of promise and equity for Tribal Nations — a future grounded in Tribal sovereignty and respect for the human rights of Indigenous people in the Americas and around the world.

In the first week of my Administration, I issued a memorandum reaffirming our Nation’s solemn trust and treaty obligations to American Indian and Alaska Native Tribal Nations and directed the heads of executive departments and agencies to engage in regular, meaningful, and robust consultation with Tribal officials. It is a priority of my Administration to make respect for Tribal sovereignty and self-governance the cornerstone of Federal Indian policy. History demonstrates that Native American people — and our Nation as a whole — are best served when Tribal governments are empowered to lead their communities and when Federal officials listen to and work together with Tribal leaders when formulating Federal policy that affects Tribal Nations.

The contributions that Indigenous peoples have made throughout history — in public service, entrepreneurship, scholarship, the arts, and countless other fields — are integral to our Nation, our culture, and our society. Indigenous peoples have served, and continue to serve, in the United States Armed Forces with distinction and honor — at one of the highest rates of any group — defending our security every day. And Native Americans have been on the front lines of the COVID-19 pandemic, working essential jobs and carrying us through our gravest moments. Further, in recognition that the pandemic has harmed Indigenous peoples at an alarming and disproportionate rate, Native communities have led the way in connecting people with vaccination, boasting some of the highest rates of any racial or ethnic group.

The Federal Government has a solemn obligation to lift up and invest in the future of Indigenous people and empower Tribal Nations to govern their own communities and make their own decisions. We must never forget the centuries-long campaign of violence, displacement, assimilation, and terror wrought upon Native communities and Tribal Nations throughout our country. Today, we acknowledge the significant sacrifices made by Native peoples to this country — and recognize their many ongoing contributions to our Nation.

On Indigenous Peoples’ Day, we honor America’s first inhabitants and the Tribal Nations that continue to thrive today. I encourage everyone to celebrate and recognize the many Indigenous communities and cultures that make up our great country.

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim October 11, 2021, as Indigenous Peoples’ Day. I call upon the people of the United States to observe this day with appropriate ceremonies and activities. I also direct that the flag of the United States be displayed on all public buildings on the appointed day in honor of our diverse history and the Indigenous peoples who contribute to shaping this Nation.

IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth.

JOSEPH R. BIDEN JR.

EDITOR'S NOTE: For additional commentary, observations, tips and references, follow me on Twitter @dioknoed for news and views from an AAPI perspective.

Dept. of Interior transfers federal land to Hawaiian land trust

Secretary of the Interior De Haaland

Eighty acres of federal property on the island of Oahu is being transferred to the Hawaiian Home Lands Trust that could provide homestead property for 200 to 400 Native Hawaiian families.

As action is part of the President Biden's administration’s commitment to honor relationships with Indigenous communities and uphold trust responsibilities, according to an announcement by Biden's Interior Secretary Deb Haaland and Deputy Secretary of Commerce Don Graves.

“The Native Hawaiian Community has waited more than 20 years for the federal government to address a $16.9 million credit owed by the United States to the Hawaiian Home Lands Trust,” said Secretary Haaland., the first Native American to head the Department of Interior.

“Today’s action is an important step in our commitment to resolving the Hawaiian Home Lands Recovery Act settlement. We thank the Department of Commerce, General Services Administration, State of Hawai‘i, and Native Hawaiian Community members who provided their input during consultation on this transfer.”

The surplus federal property is located at the former NOAA Pacific Tsunami Warning Center on O‘ahu.

The lands are being transferred to the state of Hawaii’s Department of Hawaiian Home Lands for inclusion in the Hawaiian Home Lands Trust. The transfer will help fulfill the terms of a settlement agreement authorized by Congress in 1995 to compensate Native Hawaiians for the lost use of 1,500 acres of lands set aside as potential homelands but subsequently acquired and used by the U.S. Government for other purposes. 

The federal government owns and manages about 20% of the land in Hawaii, most of the land is reserved for recreational or military uses and only a small portion of the lands is developable.

“Residential lots on Oʻahu are of the highest demand from applicants on the waiting list. This land transfer is an opportunity for beneficiaries that is truly in line with the spirit of the Hawaiian Home Lands Recovery Act,” said William J. Aila, Jr., Chairman of the Hawaiian Homes Commission.

In 1998, the Interior Department and the state of Hawai‘i identified a site for transfer under the HHLRA. In 2000, that site became unavailable, leaving a credit of $16.9 million owed to the Trust by the United States.

The General Services Administration notified the state of Hawai‘i of the availability of NOAA’s Pacific Tsunami Warning Center site in 2020. The former Pacific Tsunami Warning Center land represents the best available property offered to the Hawaiian Home Lands Trust by the United States, suitable for residential development, under the HHLRA. 

After an appraisal, environmental review, and consultation with the Native Hawaiian Community, the Interior Department notified the General Services Administration that the site is suitable and approved the conveyance to the Hawaiian Home Lands Trust to satisfy $10 million of the $16.9 million credit.

The state's Department of Hawaiian Home Lands, a state agency charged with facilitating the return of lands seized from Native Hawaiians in 1893 by a U.S.-backed group of sugar and pineapple plantation owners. The businessmen and their U.S. military co-conspirators deposed Queen Liliuokalani and lobbied the president for U.S. annexation of Hawaii, which occurred. In 1898, when the U.S. annexed the island chain, it took possession of 1.8 million uncompensated acres of former kingdom land.

Thousands of low-income Native Hawaiians, unable to afford property at the market rate, are on wait lists for homesteads as promised. A 2020 investigation by the Star Advertiser and Pro-Publica revealed that some of the federal lands had been sold by the U.S. Navy to private parties for development, bypassing the land trust. 

The so-called "workarounds" were approved by lawmakers, including the late Senators Daniel Inouye and Daniel Akaka and current Senators Mazie Hirono and Brian Schatz. Hirono and Schatz claim they were unaware of the workarounds but the practice must stop going forward.

On paper, the 203,000-acres in the land trust contains 7,800 acres on the Oahu, the most populated island in the Hawaii chain. However, much of the land is "defined by two large mountain ranges that create towering ridges, steep slopes, forests, beaches and sea cliffs. But in reality, just a fifth of that land is considered suitable for residential development. A full third of DHHL’s Oahu holdings are on terrain so rugged that it has been marked purely for conservation, including 1,400 acres of steep mountainside in the Hawaiian community of Waimanalo," writes the investigative articles.

“We are pleased that Native Hawaiians will now have access to the 80 acres in Ewa Beach where the NOAA Pacific Tsunami Warning Center once resided,” said Deputy Secretary Don Graves. “With this overdue transfer, this parcel of land will soon be called home for hundreds of Native Hawaiians."

The long-delayed action by the Interior Department holds the promise that it could be the first of such land transfers under the Biden administration, which couldn't come soon enough.

"About 11,000 Hawaiians are now seeking residential homesteads on Oahu," according to the report by Pro Publica and the Star Advertiser.  "The trust has only enough land to accommodate less than a third of those homestead-seekers in single-family homes, although it is moving to develop more multi-family housing. Many waitlisters are homeless, and thousands have died without getting a homestead lease."