§ 50.13 What must be included in the governing document?

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.