Friday, February 20, 2009

Here's how you manage leasing!

If you ever wanted to know why land owners complain about the BIA leasing process, about Gross Revenue Crop Share versus Cash Rent Leases, read about how the Fort Hall Landowner's Alliance led by Ernestine Werelus has been effecting major change in how the leasing process is conducted on their land.

Read about how nefarious deals between a willing or un-educated employee and a farmer who bids low is now being stopped. Farmers will mail bids to the owners. No more Agency Letterhead sent to land owners who mistakenly have believed the bids to be under the approval of the agency employees.

A cautionary note to all landowners: make sure that the appraisals are kept under lock and key (literally) so farmers do not have access to the information of which they are not clients. (REMEMBER OFFICE OF SPECIAL TRUSTEE DOES NOT EVEN LIST THE TRIBE AS A CLIENT ON APPRAISALS THAT PASS THROUGH THEIR OFFICE SO IN ALL EQUALITY, KEEP THE INFORMATION FROM BEING SHARED OPENLY WITH THE FARMERS)

There are a lot of subtle changes that make a vast world of difference: BIA and OST officials should not allow single-low-bids to substitute for competitive bidding. Ask Donna and Ross if they have audited any agencies who are allowing single bids to be a competitive bid. They have been made aware of this practice, and so have BIA officials but we still don't seem to have any changes, a year later.

One more note of caution: Somebody should really explain to the rest of the world after they explain to Indians, how appraisers reach appraisal Fair Annual Rental Rates in states of Non-Disclosure. Idaho is one such state so, if nobody is required to disclose information, how do appraisers reach conclusions?

Amen to expressing a Native American's point of view

Talk Left .com ran an article during the recent presidential campaign.
It is relevant to discussing any of the appointments in President Obama's Administration.

Accordingly, it is also relevant that Native Americans should be following the appointments at every level of government. Question the footprints left in the appointees' history, not the person who made the footprints.

That's all this is about. And it's all that Evon Peters was purported to have been talking about: ("It's unfortunate that across America, our communities don't tend to dig deeper into the actual decisions that different leaders have made in their previous offices. ... My hope is that Native American people will be inspired to look into all candidates' track records on the tribal, state and national level.")

It's a recurrent issue: looking at who will have an impact on our way of life. Maybe we can be forgiven for pointing out the significant facts that are related to the people who the Federal Government appoints to serve the relationship between Native America and the Federal Government.

It would seem an easy thing to say that Heather Kendall-Miller fits the bill for evaluating how the Federal Government nurtures the relationship between Native America and the Federal Government.

http://www.adn.com/adn/features/indian_country/05a5.html
http://www.pbs.org/newshour/bb/environment/july-dec08/alaskawarming_07-10.html
http://www.people.com/people/archive/article/0,,20124560,00.html
http://www.hks.harvard.edu/hpaied/people/miller.htm

Thursday, February 19, 2009

Larry Echo Hawk debated on Native America Calling

[Click here for most Recent article on Larry Echo Hawk's (Re)Confirmation hearing...]

Native America Calling had a recent interview with attorney Scott Crowell and Shoshone Bannock Tribal Chairman Alonzo Colby on Monday February 16, 2009 regarding Larry Echohawk's possible appointment to Assistant Secretary for Indian Affairs.

An informative, depending on who you are and what you're willing to accept, pod cast can be found at http://nac.unm.edu/archives/2009/feb/021609.mp3.


excerpts:

"Larry was clearly doing his job"

"I would opt for his brother Walter"

"not simply advising the governor...traveled the state advocating for the change in the constitution"

"You negotiate with Indian tribes in good faith based upon the laws of the book of the time"

What is sovereignty? The Hualapai Tribe has the correct answer

This is a case regarding the Hualapai Tribe's inherent assertion of sovereignty over its own airspace.

The Arizona Daily Sun has reported about an issue that is pertinent to the discussion about the current appointments to key Indian positions in the government. The story in the Feb 18 issue of the Arizona Daily Sun, Hualapai, pilot at stalemate is a prime example of what sovereignty should mean. This is where our key appointed officials work with the Federal Government to spell out what sovereignty means.

In this case a pilot flew through Hualapai Tribal airspace and was subsequently detained so he could be cited for trespassing.

Cyndy Cole reports that the FAA said that the FAA has not given the [Hualapai] tribe any airspace rights.

In 1871 the U.S. stopped making treaties. In 1874 they moved the Hualapai (one could argue illegally) for the benefit of the Santa Fe Railroad. In 1883 they created the Hualapai Reservation by Executive Order. The FAA has never been given rights from the Hualapai Tribe. If the Hualapai had not stipulated what rights the United States had by 1871, then basically the United States cannot come in and say what they "think" the Hualapai Tribe meant to bestow on the States. And since the U.S. Government gave up making treaties in 1871, we should assume that the United States were never given rights from the Hualapai Tribe.

Treaties between the United States and Indian Tribes, are stipulations for what rights the Tribes gave up, and what the United States gave to the Tribes in exchange. I seriously doubt that the Hualapai gave up the right to govern their airspace. In other words they have a reserved right to everything that they didn't give up. Right? Right? There are a few ways to express that concept but for purposes of this conversation, we'll keep it simple.

Bravo to the Hualapai Tribe for exercising Sovereignty. Let's hope the Federal Officials learn about sovereignty from the Hualapai action.

Just so it's clear, THE FAA has no airspace rights to give to anyone over the Hualapai Reservation because the Hualapai Tribe never gave up that right.

hmmmm......what's Spectrum?

Wednesday, February 4, 2009

President Obama's American Indian adviser on tribal policy

Any suggestions? There is still hope that despite whoever takes the BIA helm or the OST helm and is still subject to Federal Oversight and Federal Program Managers, we might still have a chance at an appointment who will be our voice. I believe that tribes would do well to assemble a top-to-bottom consensus for who we think might be a good choice.

A nationally elected representative might be a good place to start. Those scholars who have visited our tribes preaching the gospel of sovereignty from our Universities might be a good choice. Some people who have the ground-level view of how Federal policies have affected us might be a good looking place.

The venerated warriors who have suffered through the indignities of our struggles to retain hunting and fishing rights may yield some cheers from throughout Indian Country. In the end, the person who has a personal stake in assuring Indian Country has a voice in how the Federal Government Policy is affecting us, who can both speak with and hear from the general Native American Populace is a good sure bet.

Some of our warriors who are elders may be the ones to listen and speak for us. Afterall, this position is an advisor. They are there to tell our side. In any population, the best ones to do that are the Elders who speak from several generations of experience. The re-hashing of an old trick will do no one well. The voice of experience has the most valid argument, not from what is thought to be happening, but from the trenches where sovereignty's dignified warriors presented themselves as obstacles to those who would have taken everything from Native Americans nation-wide.

In a cultural-reawakening it would be appropriate that the People begin to ask which elders among us can sit in the position best suited to mentor a government in its task to honor the treaties made by our ancestors.