{"data":{"id":"us/43-cfr-50.13","jurisdiction":"us","citation":"43 CFR 50.13","heading":"What must be included in the governing document?","body":"The governing document must:\n(a) State the government's official name;\n(b) Prescribe the manner in which the government exercises its sovereign powers;\n(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;\n(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;\n(e) Provide for periodic elections for government offices identified in the governing document;\n(f) Describe the criteria for membership, which:\n(1) Must permit HHCA Native Hawaiians to enroll;\n(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;\n(3) Must exclude persons who are not Native Hawaiians;\n(4) Must establish that membership is voluntary and may be relinquished voluntarily; and\n(5) Must exclude persons who voluntarily relinquished membership;\n(g) Protect and preserve Native Hawaiians' rights, protections, and benefits under the HHCA and the HHLRA;\n(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.;\n(i) Describe the procedures for proposing and ratifying amendments to the governing document; and\n(j) Not contain provisions contrary to Federal law.","path":["Title 43—Public Lands: Interior","Subtitle A—Office of the Secretary of the Interior","PART 50—PROCEDURES FOR REESTABLISHING A FORMAL GOVERNMENT-TO-GOVERNMENT RELATIONSHIP WITH THE NATIVE HAWAIIAN COMMUNITY","Subpart B—Criteria for Reestablishing a Formal Government-to-Government Relationship"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-43.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:15Z","sha256":"9f0aa9ba36bdf921ad8440efe6f5a307ffbe46fdd31ccbce16dedccd1a2ad927","source_id":"us-cfr","stale":true,"prev":"us/43-cfr-50.12","next":"us/43-cfr-50.14"},"notice":"GroundRules: Original legal text. Not legal advice."}