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.