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
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Official in Oklahoma makes bizarre claim about HEARTH Act

Filed Under: Law | National | Politics
More on: absentee shawnee, barack obama, bia, bozos, cpn, h.r.205, hearth act, media, oklahoma, taxation
     
 

President Barack Obama signed H.R.205, the HEARTH Act of 2012, into law on July 30, 2012. Photo by Pete Souza / White House

An elected official in Shawnee, Oklahoma, must not be on the White House e-mail list.

After The Countywide & Sun published a story that discussed the Helping Expedite and Advance Responsible Tribal Homeownership (HEARTH) Act, Vice Mayor James Harrod claimed the law was not "active." He said he "did a little research and in about 10 minutes" he found out that the measure had "never been voted on, never been presented to the Congress or the House," the paper reported.

But as the paper points out, President Barack Obama signed H.R.205 into law on July 30, 2012, after it cleared both chambers of Congress and was the subject of hearings.

Since then, the HEARTH Act has been covered widely by media outlets across the nation because it has proven successful in Indian Country. As of June 2015, 18 tribes utilized the law to assert greater control over leasing, housing and other developments on their lands.


Citizen Potawatomi Nation Chairman John "Rocky" Barrett, seated on left, met with Interior Secretary Sally Jewell and Assistant Secretary Kevin Washburn on November 25, 2013, to sign the tribe's HEARTH Act regulations. Also pictured are CPN Vice Chair Linda Capps and Rep. Tom Cole (R-Oklahoma), both standing. Photo by Department of the Interior

Two Shawnee-area tribes in fact have taken advantage of the law but Harrod must not read the Federal Register or the Interior Department website. The Absentee Shawnee Tribe and the Citizen Potawatomi Nation secured Bureau of Indian Affairs approval for their HEARTH Act regulations in June 2015 and November 2013, respectively.

"The BIA uses it as maybe it’s giving them permission to do something but it’s actually never been approved, never passed Congress, never been out of committee," Harrod said at a city meeting last month, the Countywide & Sun reported.

Harrod's erroneous claim was spurred by the paper's coverage of a BIA letter to the Citizen Potawatomi Nation that confirmed that the tribe's lands cannot be taxed by local governments. The city has been trying to impose a 5 percent sales tax on tribes in the Shawnee area.

"We have determined that improvements, leasehold interests and activities conducted on Indian trust land and restricted lands pursuant to a tribal lease under approved HEARTH Act regulations, are exempt from state taxation due to federal pre-emption," Assistant Secretary Kevin Washburn, the head of the BIA, wrote in the letter, the Countywide & Sun reported.

Get the Story:
Tribal Project To Proceed; Harrod Scolds Newspaper (The Countywide & Sun 8/6)
CPN Gets Opinion Saying State, Cities, Can't Force Tribes To Collect Taxes (The Countywide & Sun 7/30)

Federal Register Notices:
HEARTH Act Approval of Absentee Shawnee Tribe of Oklahoma Regulations (June 25, 2015)
HEARTH Act Approval of Citizen Potawatomi Nation Regulations (June 25, 2015)

Related Stories:
Citizen Potawatomi Nation launches new battle in war with city (06/09)
Citizen Potawatomi Nation alleges retaliation in dispute with city (6/4)
City rejects Citizen Potawatomi Nation land detachment petition (01/22)
City sets hearing on Citizen Potawatomi Nation land detachment (1/20)
Oklahoma claims Citizen Potawatomi Nation must collect taxes (11/25)
Citizen Potawatomi Nation sues city over detachment petition (10/17)
City in Oklahoma ends effort to force tribes to collect sales tax (10/08)
Citizen Potawatomi Nation seeks to detach trust land from city (10/7)
Citizen Potawatomi Nation says 1991 ruling resolved tax issue (05/12)
Citizen Potawatomi Nation ties flooding at center to city water (04/29)
Linda Capps: Citizen Potawatomi Nation is a good neighbor (04/21)
Opinion: City looking for agreement with tribes over sales taxes (04/10)
Citizen Potawatomi Nation objects to mediation for sales taxes (04/09)
Citizen Potawatomi Nation closes cultural center due to damage (04/03)
Oklahoma might side with city in dispute over tribes and taxes (3/27)
Oklahoma tribes meet with city to discuss dispute over sales tax (3/25)
Citizen Potawatomi Nation accuses city of bullying on sales tax (3/20)
City won't provide sales tax information to Oklahoma tribes (3/17)
Oklahoma tribes might walk away from meeting over sales tax (3/13)
Oklahoma city to meet with tribes over request for sales taxes (02/28)
City cites Supreme Court ruling in push for sales tax from tribes (2/24)
Tribes seek more information about city's request for sales tax (02/19)
Citizen Potawatomi Nation plans to create separate community (2/18)
Citizen Potawatomi Nation questions city's taxation stance (2/6)
Oklahoma city wants tribes to pay taxes on non-Indian sales (2/5)

Copyright © Indianz.Com
More headlines...

Latest Headlines:

Tribes in for long haul as oil continues to flow through Dakota Access
Mark Trahant: Don't plan on getting sick if you're from Indian Country
Tiffany Midge: I shall joke as long as the grass grows and the rivers flow
Director of Office of Indian Energy deletes offensive Twitter account
States cheer decision on grizzly bears amid tribal concerns about hunts
Washington asks high court to overturn Yakama Nation treaty victory
New York Times editorial board reconsiders stance on racist trademarks
Colville Tribes remove council member a week before citizens go to polls
Marijuana firm promises big investments with help of ex-Seminole chair
Lumbee Tribe ordered to release voter list to opponents of chairman
National Indian Gaming Association chooses David Bean as vice chair
Eastern Cherokee citizen promoted to vice president of casino marketing
Tribes in Connecticut waiting on governor to sign bill for new casino
Secretary Zinke removes protections for grizzlies over tribal objections
Court sets final deadline for remaining payments from Cobell settlement
Mary Annette Pember: Indian Child Welfare Act strengthens our families
Peter d'Errico: Navajo authors offer fresh perspective on sovereignty
Native woman was jailed and forced to ride with assailant during trial
Ute Mountain Ute Tribe challenges new permit for uranium operation
Montana tribes get new member of Congress who pleaded to assault
Connecticut tribes welcome court decision favoring new casino law
Pueblo tribes dispute state's demand for $40M in gaming revenues
Mashpee Wampanoag Tribe remains confident of approval of casino
Nooksack Tribe accepting slot tickets while casino remains closed
Key House committee under fire for moving slowly on tribal agenda
Tribes go it alone on climate change as Trump team shifts priorities
Bryan Newland: President Trump's budget threatens tribal treaties
Steve Russell: The GI Bill changed the United States for the better
Harold Monteau: Democrats lack proactive agenda, proactive strategy
St. Regis Mohawk Tribe orders 20 non-citizens to leave reservation
Wilton Rancheria accused of working too closely with city on casino
Witness list for hearing on bill to reform the Indian Health Service
Arne Vainio: What does the princess want to be when she grows up?
Doug George-Kanentiio: 'Spirit Game' brings Iroquois lacrosse to life
Cronkite News: Navajo activist vows fight against racist NFL mascot
Eric Hannel: Addressing the health care crisis among Native Americans
Bill for tribal regalia at graduation ceremonies advances in California
Ramapough Lunaape Nation wins reversal of ruling on prayer camp
Mashpee Wampanoag Tribe still waits on casino ruling from Trump team
Another former leader of Winnebago Tribe pleads in gaming theft case
Supreme Court ruling poses hurdle for opponents of racist NFL mascot
Change the Mascot campaign responds to negative Supreme Court ruling
Secretary Zinke set for another hearing on Interior Department budget
Mark Trahant: Republicans write health reform bill behind closed doors
Jeff Grubbe: Agua Caliente Band focuses on protecting our groundwater
Steven Newcomb: Asserting our traditions in the era of Donald Trump
Shasta Dazen: 'Family Spirit' program incorporates our tribal traditions
Secretary Zinke shuffles top Indian Affairs officials at Interior Department
Choctaw Nation travels to Ireland to dedicate 'Kindred Spirits' sculpture
Nooksack Tribe closes doors to casino after being hit with federal order
Muscogee Nation asserts authority at allotment where casino was proposed
Mark Trahant: Dakota Access decision offers a chance to return to respect
Cheyenne River Sioux Tribe hails 'victory' in Dakota Access Pipeline case
Nooksack Tribe told to close casino amid leadership and citizenship feud
Kristi Noem: Enough is enough - It's time to fix the Indian Health Service
Second hearing scheduled on bill to reform the Indian Health Service
Trump nominee for appeals court seen as favorable to tribal interests
>>> 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.