indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Indian Law Online Master Degree
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:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Oglala Sioux Tribe to issue IDs at tournament (11/25)
James Giago Davies: Polygamy and shunning in Lakota culture (11/25)
Ben Shelly: There's a lot to be thankful for on the Navajo Nation (11/25)
Cara Cowan Watts: Share the blessings of the Cherokee Nation (11/25)
Joe Sexton: BIA's 'ugly' land policies stuck in the 19th century (11/25)
Jenny Durkan: Cop who killed Native man wasn't charged either (11/25)
Oklahoma claims Citizen Potawatomi Nation must collect taxes (11/25)
Divided court won't extend Seneca Nation immunity to business (11/25)
Vice: North Dakota tribe sees $25M a month in energy royalties (11/25)
Members of Lumbee Tribe proud to carry on tradition of service (11/25)
Flandreau Santee Sioux Tribe donates $10K to local food pantry (11/25)
Slate: Non-Indians were encouraged to move to tribal territory (11/25)
Column: Remains of Dakota man hanged in 1862 kept in home (11/25)
Family members plead guilty to thefts from reservation town (11/25)
Authorities investigate fatal crash involving Bad River officer (11/25)
Editorial: Yakama Nation must disclose plans for clean water (11/25)
Roy Burton: Montana tribe puts its people at risk with gaming (11/25)
Lawmaker asks BIA to wait on Cowlitz Tribe casino acquisition (11/25)
Gaming compacts on agenda for 2015 session in New Mexico (11/25)
Quapaw Tribe faces even more competition for Kansas casino (11/25)
Pala Band wins final approval for online gaming in New Jersey (11/25)
Mashantucket Tribe still thinking about Massachusetts casino (11/25)
Tim Giago: Cornflakes every Sunday at Indian boarding school (11/24)
Charles Trimble: A time to give thanks -- For whatever reason (11/24)
Mark Trahant: Incoming Alaska governor opens doors to tribes (11/24)
Native Sun News: Four from South Dakota win big at rodeo final (11/24)
Suzan Shown Harjo to receive Medal of Freedom at White House (11/24)
Bill John Baker: Take pride in Cherokee Nation accomplishments (11/24)
Bryan Brewer: Tribal communities need better Internet service (11/24)
Harold Monteau: Teach children about our positive tribal values (11/24)
Crystal Willcuts: Keystone XL Pipeline just makes the rich richer (11/24)
PBS: VAWA helps tribes go after non-Indian domestic offenders (11/24)
Sisseton Wahpeton Oyate in shock after shooting leaves 4 dead (11/24)
Complaint against Navajo Nation presidential hopeful dismissed (11/24)
Otoe-Missouria Tribe defends online loan business amid scrutiny (11/24)
Chippewa Cree Tribe swears in chairman more than a year later (11/24)
Florida Supreme Court declines Miccosukee child custody case (11/24)
Three arrested in fatal stabbing at Yankton Sioux tribal housing (11/24)
Mille Lacs Band grows economy with Oklahoma hotel purchase (11/24)
Editorial: BIA fails to resolve Cayuga Nation leadership dispute (11/24)
Former Choctaw Nation employee plans appeal in criminal case (11/24)
Faction of Chukchansi Tribe walks away from casino mediation (11/24)
Tribal casinos cancel Bill Cosby shows as allegations resurface (11/24)
Editorial: Poarch Creeks control their own destiny with gaming (11/24)
Editorial: Renew Class III gaming compact with Seminole Tribe (11/24)
Choctaw Nation releases statement after guilty verdict in case (11/21)
Former Choctaw Nation employee found guilty in criminal case (11/21)
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.