Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2025 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - Code of Federal Regulations Title 43. Public Lands: Interior § 43.50.13 What must be included in the governing document? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-43-public-lands-interior/cfr-sect-43-50-13/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)