your internet resource on facebook on twitter on Google+ on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
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:
Native women schedule Quilt Walk for Justice at Supreme Court (12/1)
House approves bill to rename wildlife refuge for Billy Frank Jr. (12/1)
House passes bill to place land in trust for Susanville Rancheria (12/1)
Senate committee to take up land-into-trust reform legislation (12/1)
Witnesses for SCIA hearing on Tribal Law and Order Act of 2010 (12/1)
Native Sun News: Northern Cheyenne Tribe welcomes governor (12/1)
Elizabeth Cook-Lynn: Trying to bridge racial divide in Rapid City (12/1)
Tom Cole/Betty McCollum: Doing what's best for Indian children (12/1)
Gyasi Ross: Our tribal nations developed immigration policies too (12/1)
Steven Newcomb: Language of domination persists in Indian law (12/1)
Mike Myers: Native youth are more than just election promises (12/1)
Yurok Tribe holds installation ceremony for chair and vice chair (12/1)
Suquamish Tribe negotiates agreement to enforce state laws (12/1)
Coeur d'Alene Tribe promotes one of its own as chief of police (12/1)
Shoshone-Bannock Tribes need architect for casino expansion (12/1)
Pechanga Band moves ahead with $285M expansion at casino (12/1)
Pala Band to build $5.6M recreational vehicle resort for casino (12/1)
Agua Caliente Band to build parking garage adjacent to casino (12/1)
Native Sun News: Lakota swimmers promote healthy lifestyles (11/30)
Ivan Star Comes Out: Indoctrinated at Indian boarding school (11/30)
Brandon Ecoffey: President of tribal college takes aim at paper (11/30)
Bobbi Rose Nez: Big Brothers Big Sisters reaches Native youth (11/30)
Terry Brunner: USDA helping tribes build stronger economies (11/30)
Alice Soscia: Connecticut tribes share wealth with community (11/30)
Brigid Harrison: Lenni-Lenape Nation battles for recognition (11/30)
Supreme Court throws wrench into Native Hawaiian election (11/30)
Official in Paraguay fired for kicking Indian woman in stomach (11/30)
Jamul Indian Village slated to open $390M casino in July 2016 (11/30)
Native Sun News: Tribal member speaks out against fracking (11/27)
Lakota Country Times: Rosebud mothers address meth issues (11/27)
Tim Giago: Walk a mile in the moccasins of Native Americans (11/27)
Vince Two Eagles: Focus on being thankful this holiday season (11/27)
Native Sun News: Keystone fighters celebrate permit's defeat (11/27)
Kevin Leecy: Tribes remain a vital segment of our community (11/27)
Steven Newcomb: Even media treats our nations as 'nothing' (11/27)
Ray Cook: Thanksgiving flies in the face of original Americans (11/27)
Terese Mailhot: Racism prevails in American popular culture (11/27)
Ilya Somin: Persistent 'myth' justified taking of Indian lands (11/27)
Ak-Chin Indian Community sued for same-sex marriage ban (11/27)
Cahuilla Band celebrates new travel center at gaming facility (11/27)
Opinion: Don't break promise to Mashpee Wampanoag Tribe (11/27)
Native Sun News: Family questions FBI on reservation death (11/25)
Lakota Country Times: Rosebud students earn top scholarship (11/25)
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.