indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Native American Bank - Native people investing in Native communities
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Jay Daniels: HEARTH Act is another step to self-determination
Friday, December 7, 2012
Filed Under: Opinion
More on: bia, hearth act, jay daniels, self-determination
 
"On July 30, 2012, President Barack Obama signed into law the Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012, also known as the HEARTH Act of 2012, H.R. 205 (Act), to provide for Indian tribes to enter into certain leases without approval from the Secretary of the Interior. Another step toward true Indian Self-Determination.

The Act amended 25 U.S.C. § 415, more commonly referred to as the Long-Term Leasing Act, approved August 9, 1955, provides authority for tribes to negotiate and approve leases on tribally owned and possibly tribal interests in allotted lands without Bureau of Indian Affairs (BIA) approval. Tribal interests in allotted lands should be a policy call by the BIA because the Act is ambiguous on this issue. Canon’s Rule of Construction states that in the event that the law is ambiguous, federal or local government authority prevails in the absence of a defined rule. If a tribe owns any interest, and the required percent of owner(s) consent is obtained, the tribe could reasonably approve the lease. Mineral leases such as oil or gas, or rights-of-way grants must continue to be approved by the BIA.

Tribes are required to draft tribal regulations for leasing compliant with federal law, develop a environmental review process that identifies 1) evaluation of any significant effects to the environment; 2) inform the public by: a) giving reasonable opportunity to comment on any significant environmental impacts; and b) provide responses to relevant and substantive public comments on any impacts before approving the lease. BIA has drafted a policy memo intended to streamline environmental reviews for residential lease applications."

Get the Story:
Jay Daniels: HEARTH Act: Another Step Toward True Indian Self-Determination (Indian Country Today 12/7)


Copyright © Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Leaders of Northern Cheyenne Tribe slammed (5/4)
Dana Lone Elk: Oglala Sioux Tribe goes back on its word on vote (5/4)
Camaray Devalos: Colonial mindset continues to destroy tribes (5/4)
Amalia Rubin: Adam Sandler portrays Native people as savages (5/4)
Opinion: Join Long March to Rome to support indigenous rights (5/4)
Court rebuffs Cherokee Nation in Indian Child Welfare Act case (5/4)
How Custer's rise and fall was covered by The New York Times (5/4)
No movement on reform of federal recognition process at BIA (5/4)
BIA not planning hearing for Miccosukee Tribe land-into-trust (5/4)
Opinion: Take a modern approach to land-into-trust in Alaska (5/4)
Winnebago Tribe works on plans for big housing development (5/4)
Kahnawake First Nation sued over mixed-race marriage policy (5/4)
Marathon on Navajo Nation draws large number of participants (5/4)
Mashantucket Tribe sued over 'transition pay' for ex-councilor (5/4)
Genetic research confirms Alaska homeland for Inupiat people (5/4)
Eastern Cherokees maintain close relationship with university (5/4)
Oneida Nation makes first changes to constitution since 1969 (5/4)
Pyramid Lake Paiute Tribe helps contain blaze on reservation (5/4)
Fort Mojave Tribe still waiting for cleanup plan at sacred site (5/4)
Kialegee Tribal Town declines to submit brief in casino dispute (5/4)
Disputed leader of Chukchansi Tribe pleads guilty in casino feud (5/4)
Rivals outspend Tohono O'odham Nation in urban casino battle (5/4)
Poarch Creeks question plan to authorize casinos at racetracks (5/4)
Seminole Tribe renews bid to negotiate Class III casino compact (5/4)
Native Sun News: Cheyenne River Sioux man debuts tattoo shop (5/1)
Mark Trahant: Budget plan means deep cuts for Indian programs (5/1)
Terese Mailhot: Still proud to serve as that 'angry Indian' woman (5/1)
Cara Cowan Watts: Make your voice heard within Cherokee Nation (5/1)
Oglala Sioux Tribe struggles with increase in suicide among youth (5/1)
Lower Brule Sioux Tribe cites treaty in bid to oust Keystone XL firm (5/1)
Change to Oglala Lakota County becomes official in South Dakota (5/1)
Makah Nation mounts strong defense of whaling at public hearing (5/1)
Northwest Indian College in Washington attracts NASA's attention (5/1)
Officers for Cheyenne River Sioux Tribe start using body cameras (5/1)
Eastern Cherokee elder Jerry Wolfe proud of Beloved Man status (5/1)
Death of five-year-old member of Hoh Tribe under investigation (5/1)
Tribes seek consultation on status of Yellowstone grizzly bears (5/1)
Leaders of Fort Peck Tribes vote to banish school superintendent (5/1)
Editorial: Russell Begaye faces hurdles as Navajo Nation's leader (5/1)
Ute Mountain Ute Tribe aims to draw in tourists with new business (5/1)
Seminole Tribe secures listing for historic oak tree on reservation (5/1)
Historians join movement to eliminate NFL team's racist mascot (5/1)
Column: Tribes fought English settlers in bloody King Philip's War (5/1)
Lawmaker slammed for comment about Pokagon Band casino bid (5/1)
Disputed leader of Chukchansi Tribe set for plea in casino dispute (5/1)
Arizona tribes send another $25.2M in gaming revenues to state (5/1)
Draft bill calls for a Class III gaming compact with Poarch Creeks (5/1)
Acoma Pueblo awaits BIA approval for Class III gaming compact (5/1)
Coeur d'Alene Tribe seeks enforcement of ban on gaming devices (5/1)
Opinion: Bid for more Connecticut casinos comes down to money (5/1)
Native Sun News: Juvenile center offers services to Native youth (4/30)
Lakota Country Times: Rosebud walk raises awareness of autism (4/30)
Clara Caufield: Off-reservation Cheyenne need a voice with tribe (4/30)
Vince Two Eagles: The top 10 influential people in Indian Country (4/30)
more headlines...


Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.