indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Native American Bank - Native people investing in Native communities
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Jay Daniels: From paternalism to maternalism in HEARTH Act

Filed Under: Opinion
More on: hearth act, housing, jay daniels, self-determination
     

"Recently I wrote about the new Code of Federal Regulations and the change to leasing of Indian trust land. Now I want to go a little further into recent changes also applicable to Indian trust land leasing. From the beginning of time, the U.S. Government has acted in a paternalistic manner concerning Indian Country and land. Paternalism is defined as “telling people what is best: a style of government or management.” Maternalism is defined as “caring, giving and nurturing.” The U.S. Government believed that Native Americans needed someone telling them what to do and how to do it. Now we will be able to show them that we can take care of business as well.

By the stroke of pen, President Obama placed into law the “Helping Expedite and Advance Responsible Tribal Homeownership” Act, or HEARTH Act of 2012 at 25 U.S.C. § 415(h). This action has provided a change, not entirely but partly, where paternalistic treatment in managing tribal lands is being reduced. Here are my observations about the application of the statute in authorizing “tribal authority to approve leases” (Tribal Authority). Finally, tribes will be able to manage their leasing affairs in a more timely fashion competitively in the same manner as non-Indian landowners.

First of all, Tribal Authority does not apply to any lease for the exploration, development, or extraction of any mineral resources meaning oil and gas, sand and gravel, or other mineral. Leases of this nature continue to require Secretarial approval. Your oil rights can’t be leased without continued BIA management, oversight, and approval. Here are my other observations and comments about the changes."

Get the Story:
Jay Daniels: From Paternalism to Maternalism by the stroke of a pen (Round House Talk 12/23)

Related Stories:
Jay Daniels: Everyone wants to talk but no one wants to listen (12/20)
Jay Daniels: HEARTH Act is another step to self-determination (12/7)


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

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Craig Tribal Association celebrates 'historic' trust land acquisition (1/16)
Mark Trahant: Congress moves forward with repeal of Obamacare (1/16)
Native Sun News Today: Northern Cheyenne banker beats the odds (1/16)
James Giago Davies: The real power to defeat the Wasicu pipeline (1/16)
Tiffany Midge: Hollywood needs to stop stereotyping Native people (1/16)
Peter d'Errico: New book connects Native America with Palestine (1/16)
Alaska tribe makes history with approval of trust land application (1/13)
Mille Lacs Band divests from bank over Dakota Access financing (1/13)
Navajo Code Talkers participate in presidential inaugural parade (1/13)
Native Sun News Today: Uranium expansion by sacred site halted (1/13)
Clara Caufield: Commemorating the outbreak from Fort Robinson (1/13)
Terese Mailhot: Paying tribute to my brother & my protector Guy (1/13)
Steven Newcomb: It's been 130 years of taking indigenous lands (1/13)
Trump's Energy nominee vows to stay away from Dakota Access (1/12)
Native Sun News Today: Legal fight continues over Dakota Access (1/12)
Ivan Star Comes Out: We must speak Lakota to keep it from dying (1/12)
Bad River Band calls for removal of aging pipeline on reservation (1/12)
Bill requires tribal consent for Yucca Mountain nuclear waste site (1/12)
California county approves limits on marijuana near tribal lands (1/12)
North Dakota tribe threatens to walk away from energy tax deal (1/12)
American Bar Association honors prominent Indian law attorney (1/12)
Tribal opposition leads to delay on status of Yellowstone grizzly (1/12)
Citizen Potawatomi Nation security guard brought gun to casino (1/12)
Cowlitz Tribe hosts job far as opening date for casino approaches (1/12)
Trump's Justice choice leaves door open to fight tribal jurisdiction (1/11)
Native women join historic march in DC after Trump's inauguration (1/11)
Cobell scholarship fund grows to $47M thanks to buy-back effort (1/11)
Alaska Native village still seeking approval for 'life-saving road' (1/11)
Confirmation hearing delayed for Donald Trump's Education pick (1/11)
Native Sun News Today: Peltier prosecutor supports clemency bid (1/11)
Steven Newcomb: Our indigenous nations were never conquered (1/11)
Peter d'Errico: United States refuses to acknowledge its genocide (1/11)
Ex-chair of Cedarville Rancheria faces death sentence for murders (1/11)
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.