---
kind: "section"
citation: "43 C.F.R. § 50.13"
title: "43"
number: "50.13"
heading: "What must be included in the governing document?"
url: "https://uscodex.org/cfr/43/50.13"
---

# §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](/usc/25/1301.md) et seq.;
- (i) Describe the procedures for proposing and ratifying amendments to the governing document; and
- (j) **Not contain provisions contrary to Federal law.**

## Notes

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9; 25 U.S.C. 479a, 479a-1 (2015) (reclassified to 25 U.S.C. 5130, 5131 (2016)); 43 U.S.C. 1457; Pub. L. 67-34, 42 Stat. 108, as amended; Pub. L. 86-3, 73 Stat. 4; Pub. L. 103-150, 107 Stat. 1510; sec. 148, Pub. L. 108-199, 118 Stat. 445; 112 Departmental Manual 28.

### Source

Source: 81 FR 71318, Oct. 14, 2016, unless otherwise noted.