Native American Affairs

Native Hawaiian Affairs

DoDI: 4710.03 Native Hawaiian Organization Consultation

In recognition of the unique legal and cultural context for consultation in Hawaii and the buildup of mission-critical military operations across the state, the Department of Defense (DoD) established a consultation policy specific to Hawaii in October 2011, Department of Defense Instruction (DoDI) 4710.03, "Consultation With Native Hawaiian Organizations."  The Office of the Secretary of Defense (OSD) reviews each of its policies every ten years to determine needed updates; DoD plans to update DoDI 4710.03 by October 2021.

As an initial step to updating DoDI 4710.03, OSD requested comments and recommendations from Native Hawaiian Organizations (NHOs) affected by the policy during consultations held in September 2019 and through a written request of NHOs sent in November 2019.  DoD reviewed comments shared by the Native Hawaiian community and updated the draft of DoDI 4710.03 to address those comments.

Due to travel restrictions imposed as a result of the COVID-19 pandemic, DoD is unable at this time to conduct additional in-person consultation with NHOs.  Instead, DoD is welcoming a second round of written comments from the Native Hawaiian community.

If you would like to review the draft document, please send an email to DoD_NativeAffairs@keresnm.com.  Please share any comments in writing to DoD_NativeAffairs@keresnm.com by Friday, November 6, 2020.

Later in 2020, DoD will gather input from DoD Components working in Hawaii, and then prepare an updated draft to DoDI 4710.03.

The goal of the update to DoDI 4710.03 is to provide improved guidance that promotes timely, substantive, and respectful consultations between the DoD Components and NHOs.

Please watch this page for information on the update process later in 2020 and into 2021.

DASD Letter to NHO Leaders - August 2020 pdf [162 KB]
Memorandum of Understanding Among Participating Agencies of the Native Hawaiian Federal Interagency Working Group pdf [222 KB]

The Native Hawaiian Federal Interagency Working Group provides guidance and assists federal agencies with their compliance activities associated with the administration and consultation with Native Hawaiian Organizations.

DoD Report to Congress on Native Hawaiian Consultation - September 2019 doc [92 KB]

NHCCCC Training

The DoD Native Hawaiian Cultural, Communication, and Consultation Course is taught by Native Hawaiian specialists in history, culture, intercultural communication and consultation, and legal experts. This FREE course provides valuable information for DoD employees whose work may have an effect on Native Hawaiians and for those already working with Native Hawaiians and Native Hawaiian Organizations. The training will include:

  • Hawaiian history
  • Introduction to Hawaiian concepts and cultures
  • Resources of special importance to Hawaiians
  • Federal laws, regulations, and policies that impact DoD consultation relationships with Native Hawaiian Organizations
  • The DoD Native Hawaiian Consultation Policy
  • Intercultural communications and relationship building
  • Strategies and practical steps for consulting with Native Hawaiians

Check back for updates on upcoming courses.

NHO Consultation Resources

The Apology - P.L. 103-150 pdf [63 KB]

United States Public Law 103-150 to acknowledge the 100th anniversary of the January 17, 1893 overthrow of the Kingdom of Hawaii, and to offer an apology to Native Hawaiians on behalf of the United States for the overthrow of the Kingdom of Hawaii.

Military Presence in Hawaii pdf [282 KB]

Overview of the significant presence the military plays in Hawaii.

Glossary of Hawaiian Expressions pdf [59 KB]
Native Hawaiian Organizations in the Section 106 Process

This e-Learning course is designed to assist Native Hawaiian Community members and leaders advance their understanding of the Section 106 review process and increase awareness of strategies for engaging in consultation. It is also intended to enhance the abilities of the Native Hawaiian Community, through NHOs, to effectively interact and work with federal agencies during the Section 106 review process and project implementation. (Free)

Guidance for Indian Tribes and Native Hawaiian Organizations What to Ask the Federal Agency in the Section 106 Process (Nov. 2013) pdf [294 KB]

This guidance is intended to assist tribal and Native Hawaiian organization (NHO) officials in participating more effectively in the Section 106 review process.1 Understanding federal agency responsibilities and the rights of Indian tribes and NHOs is of central importance in ensuring that you have the opportunity to voice your views.

Whom to Contact if You Have Section 106 Issues: Guidance for Indian Tribes and Native Hawaiian Organizations (June 2018) pdf [141 KB]

Section 106 requires each federal agency to identify and assess the effects of its undertakings on historic properties. It applies when two thresholds are met: there is a federal, federally assisted, or federally licensed activity; and that activity has the potential to affect properties listed in or eligible for listing in the National Register of Historic Places. The responsible federal agency must consult with the appropriate state and local officials, Indian tribes, Native Hawaiian organizations, applicants for federal assistance, and members of the public and consider their views and concerns about historic preservation issues when making final project decisions.

Memo: ACHP Section 106 agreements with Indian Tribes and Native Hawaiian Organizations (Dec. 2005) pdf [632 KB]

ACHP memorandum to Senior Policy Officials regarding agency consultation policies with Indian Tribes and Native Hawaiian Organizations.

Consultation with Native Hawaiian Organizations In The Section 106 Review Process: A Handbook (Jan 2020) pdf [477 KB]

The ACHP offers this as a reference for Native Hawaiian organizations, State Historic Preservation Office (SHPO) staff, and federal agency staff with responsibility for compliance with Section 106. In 2008, the ACHP adopted the ACHP Policy Statement on the ACHP’s Interaction with Native Hawaiian Organizations. The policy is intended to set “forth actions the ACHP will take to oversee the implementation of its responsibilities under the NHPA with respect to the role afforded to Native Hawaiian organizations in the NHPA.

ACHP NHO Policy pdf [1.79 MB]
Recognizing Tribal Sovereignty and Cultural Traditions
Working to Fulfill Federal Trust Responsibilities
Protecting Natural and Cultural Resources
Consulting with Tribal Nations