Posts Tagged Federal recognition

Testimony submitted to U.S. Department of Interior on Thanksgiving Day 2015 in opposition to proposed regulation for granting federal recognition to a phony Hawaiian tribe

Testimony opposing RIN 1090–AB05
by Kenneth R. Conklin, Ph.D.
November 26, 2015, Thanksgiving Day
Giving thanks there is no Hawaiian tribe

Website: “Hawaiian Sovereignty”
Book: “Hawaiian Apartheid”

Full text of testimony in attached file,
and at


1. Aloha from Ken Conklin, civil rights activist supporting unity and equality

2. Why quorum in NPRM for credible participation in election and ratification is too low

3. Don’t abandon question 8 from ANPRM “What should constitute adequate evidence or verification that a person has a significant cultural, social, or civic connection to the Native Hawaiian community?”

4. A unique rule for recognizing a Hawaiian tribe should acknowledge the uniquely high percentage of Native Hawaiians as 22% of the total population of Hawaii, making it uniquely traumatic to partition the State along racial lines. Therefore, a unique Hawaiian rule should require a vote by all Hawaii’s people to approve federal recognition.

5. Promises or predictions made in the NPRM that the rights of people will be protected cannot be delivered. Whatever requirements the DOI imposes upon a tribe’s initial governing document in order to grant recognition can later be changed by the tribe unilaterally — according to a Final Rule in Federal Register October 19. Any tribe can amend its governing document without DOI approval.

Because of #5:

6. There is no protection for special rights of HHCA-eligible native Hawaiians (50% blood quantum);
7. Hawaiian tribe can ignore DOI prohibition on gambling casinos in Hawaii or mainland;
8. Hawaiian tribe cannot be prohibited from participating automatically in all the benefit programs intended for the mainland tribes;
9. Hawaiian tribe would threaten sovereign immunity of federal and State lands, and also threaten private land titles, due to Indian Non-Intercourse Act;
10. Hawaiian tribe has jurisdiction over citizens with no native blood, and also over ethnic Hawaiians who choose not to join the tribe — Indian Child Welfare Act; Violence Against Women Act.

11. Remove the terms “reestablishing a government-to-government relationship with the Native Hawaiian community” or “reorganizing a Native Hawaiian government” because there was never a Native Hawaiian government. All governments of a unified Hawaii had massive Caucasian participation in executive, legislative, and judicial branches.

12. The “special political and trust relationship” that Congress has allegedly established with Native Hawaiians does not exist — asserting it has been a political football punted between Republicans and Democrats.

13. Authoritative sources since 2001 warn that creating a race-based government for ethnic Hawaiians would be both unconstitutional and bad public policy: U.S. House Judiciary subcommittee on the Constitution; U.S. Commission on Civil Rights; and others.

14. Authoritative sources confirm the Hawaiian revolution of 1893 was legitimate and the U.S. owes nothing to ethnic Hawaiians beyond what is owed to all the citizens of the United States: 808-page report of the U.S. Senate Committee on Foreign Affairs (1894); Native Hawaiians Study Commission report (jointly authorized by Senate and House, 1983); more

15. Evidence that “Native Hawaiians” and also the general citizenry of Hawaii do not want federal recognition of a Hawaiian tribe. Zogby survey; two Grassroot Institute surveys; newspaper and OHA scientific surveys show ethnic Hawaiians and the general population place “nationbuilding” at bottom of priorities; more.

16. People of all races jointly own Hawaii as full partners. President Obama himself opposes tribalism and erecting walls between natives and immigrants. History of Black civil rights movement is instructive — Martin Luther King’s model of full integration won the hearts and minds of African Americans and of all Americans, defeating the racial separatism of the “Nation of Islam.”

17. Administrative rule-making should not be used to enact legislation explicitly rejected by Congress during 13 years when megabucks were spent pushing it. The executive branch can only implement laws Congress passed, not create laws Congress rejected. Two federal courts have now overruled Obama’s rule-making that tried to enact immigration laws rejected by Congress.

18. Federal recognition for a Hawaiian tribe would herd into demographic and geographic racial ghettos people and lands that have long been fully assimilated, widely scattered, and governed by a multiracial society. Map shows public lands likely to be demanded by a Hawaiian tribe; Census 2010 table shows number of Native Hawaiians in every state; Census 2010 table showing number of Native Hawaiians in every census tract in Hawaii.

19. Six cartoons by Daryl Cagle illustrating the social divisiveness of racial entitlement programs, as seen in Midweek newspaper, Honolulu, probably late 1990s to mid 2000s.

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Testimony in opposition to Department of Interior proposal to create a Hawaiian tribe by administrative rule change

August 19, 2014 was the final day to submit testimony regarding the Department of Interior Advance Notice of Proposed Rule-Making to create a Hawaiian tribe and give it federal recognition by an administrative procedure or executive order without Congressional action.

At least 2069 written comments were submitted during the 60 day comment period. A large majority were opposed to the Department of Interior proposal. The following seven testimonies are especially valuable in opposition because they explicitly rely upon the fundamental principles of racial equality and the unity of all Hawaii’s people under the undivided sovereignty of the State of Hawaii:

(1) Kenneth R. Conklin of the Center for Hawaiian Sovereignty Studies!documentDetail;D=DOI-2014-0002-0887

(2) Keli’i Akina, President, Grassroot Institute of Hawaii

(3) Hans A. von Spakovsky of The Heritage Foundation

(4) Paul M. Sullivan

(5) H.W. Burgess

(6) Sandra Puanani Burgess

(7) Jack Miller

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Why mainland Indian tribes and Hawaii opponents of gambling should oppose state or federal recognition of a “Native Hawaiian” tribe

by Kenneth R. Conklin, Ph.D.

On January 10, 2014 a letter was sent to more than 150 leaders of Indian tribes on the U.S. mainland. The letter describes how federal recognition of a phony “Native Hawaiian” tribe would have bad consequences for the genuine tribes, and asks them to express opposition to executive action when speaking to officials in the Bureau of Indian Affairs, Department of Interior, and White House. Federal recognition of a phony Hawaiian tribe by means of rules changes in the Bureau of Indian Affairs, or a Presidential Executive Order, would be far more dangerous to the genuine tribes than passage of the Akaka bill in Congress, because executive action would simply add the Hawaiian tribe to the list of federally recognized tribes with none of the restrictions in the Akaka bill that would have prohibited the Akaka tribe from having gambling casinos or from grabbing the lions share of entitlements intended for the mainland tribes.  See

Why businesses, labor unions, and community groups in Hawaii should oppose state and/or federal recognition of a phony “Native Hawaiian” tribe. An 11-page letter to Hawaii Coalition Against Legalized Gambling, and commentary in Honolulu Star-Advertiser, provide detailed explanations.  See

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Akaka tribe jurisdictional conflicts shown by mainland examples

by Kenneth R. Conklin, Ph.D.

Congress is on vacation for the month of August. Thus one-third of the 113th Congress (8 of its 24 months) has expired, and the perennial Akaka bill has still not been introduced. What’s going on? If a state-recognized Akaka tribe gets federal recognition, what kinds of jurisdictional conflicts would we see in Hawaii as shown by real conflicts now happening with Indian tribes on the mainland?

OHA is building its newest racial registry, Kana’iolowalu. Embarrassed that after a year only 9300 ethnic Hawaiians had signed up, OHA is now dragging more than 100,000 names onto the list, pulling from previous racial registries such as Kau Inoa, Project Ohana, Kamehameha Schools, etc. OHA is doing this without asking those people for permission. But Census 2010 counted more than 527,000 people claiming to be “Native Hawaiian”, so even if Kana’iolowalu gets 260,000 names (extremely unlikely) it would still be a minority of those eligible by race and a far smaller minority of Hawaii’s people.

In December 2011 I pulled together 13 news reports from the final 13 weeks of that year from various places on the mainland, concerning conflicts between Indian tribes and local communities that would clearly happen in Hawaii if an Akaka tribe gets federal recognition. For each situation I described the facts and cited a link to the full news report. This year I decided that instead of looking at a wide range of topics from a three month period, I would select news reports about a single topic from a single week. So at the end of July I put the following phrase into Google, including the quote marks: “tribal jurisdiction”; and I narrowed the search to the most recent week.

For details see

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Rebuttal to maiden speech by Senator Schatz pleading for federal recognition for a phony Akaka tribe

June 11 is Kamehameha Day, a state holiday in Hawaii. U.S. Senator Brian Schatz chose that day to give his maiden speech asking for federal recognition for a phony Akaka tribe.

A webpage provides a point-by-point rebuttal to 23 misleading or false statements in the speech, including citations to references that back up the rebuttal. See

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