Our Office of Hawaiian Affairs was just in the news because its聽CEO, Dr. Kamana鈥檕pono Crabbe, wrote a letter to the U.S. secretary聽of state asking for a legal opinion on Hawaii鈥檚 sovereign status.
One聽of the key questions raised in the letter is, 鈥淒oes the Hawaiian聽Kingdom continue to exist?鈥
I will leave it to others to answer that question. But, supposing聽that the Kingdom coexists with the State of Hawaii, what tax and聽public finance implications can we expect?
Throughout its history the U.S. government has had聽to coexist with independent sovereign entities known as Indian tribes.聽During this time, rules and procedures have been adopted allowing聽both to exist with a fair amount of autonomy and dignity for each.
The聽Akaka Bill that has been talked about for years aimed to reconstitute聽a Native Hawaiian governing entity and then have it recognized by聽the federal government the same way as Indian tribes are.
Typically, Indian tribes have space set aside within a state,聽which we call a 鈥渞eservation.鈥
On the reservation, the tribal聽government not only provides governance, but also provides the聽services necessary to maintain a civilized society. Those services,聽like any others provided by any other government, need to be paid聽for.
So the tribal government has the power to impose taxes upon聽those living on the reservation. Those on the reservation pay tribal聽taxes, not state taxes or federal taxes.
But neither the state nor the聽federal government is obligated to provide the reservation with聽infrastructure, police, fire protection, a militia or anything else that聽people typically look to government to provide.
By the same token, anything off the reservation is part of the聽state.
An individual living off the reservation, even though ethnically聽or otherwise a member of an Indian tribe, is considered a state聽resident and needs to pay federal and state taxes like any other state聽resident.
This makes perfect sense because that person is a聽beneficiary of the services and society provided by the federal and聽state governments, and should pay for those services like any other聽person living there.
The same theories apply for the island possessions of the聽United States, such as Guam or American Samoa. The island has a聽government that imposes its own tax and provides its own services.
So, for example, those living in Guam pay Guam tax, while ethnic聽Guamanians living in the United States pay federal and state taxes.
Applying these theories to the Native Hawaiian situation raises聽familiar issues. The Kingdom of Hawaii currently has neither a聽monarch nor anything that is generally recognized by its members as聽a government.
That鈥檚 why the Akaka Bill proposed, and the Native聽Hawaiian Roll Commission is moving toward, a process for getting a聽number of Native Hawaiians together and having them organize聽themselves.
Once that happens, however, some kind of dedicated space is聽needed for the nation-within-a-nation model to work.
We certainly聽hope that no one is thinking that the citizens of the reconstituted聽Kingdom living on state lands, and taking advantages of the benefits聽and services offered by the state and federal governments, will then聽claim they don鈥檛 have to pay for them.
That鈥檚 simply not reasonable.
People paid taxes in the old Kingdom, and those in the reconstituted聽Kingdom shouldn鈥檛 expect something different.
We all need to be聽aware that both benefits and burdens flow from being a part of聽civilized society.
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