43 CFR §50.13
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
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, see 25 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.