Larry Echo Hawk could not be further from the truth in making the statement in an Indian Country Today article (see here) that the “sweeping reform of federal surface leasing regulations for American Indian lands" will, "break the chains of paternalism that the federal government has held over tribes for too long."
It might in some areas, but when it comes to Tribes and Landowners who grow crops and who utilize a Gross Revenue Crop Share lease, this "sweeping reform" will sweep their rights right into the trash. This proposed reform requires IIM pay for any leases with more than 10 owners. Any leases with 10 owners or less HAVE to all agree to Direct Pay, even if the majority of the owners agree to Direct Pay.
IIM Pay is REGULATED PAYMENT BY CHECK FROM OST, for your crops on your land. And it usually has a time limit to be paid by. If you wanted to hold onto your crops until the market went in your favor by holding a ticket from your grain elevator, under this reform you will lose that ability. Many crops come into the grain elevators at one time. They all get put into a holding pattern until they get quality tested which may take until March or later sometimes. The problem with IIM Pay is that it will require payment by a deadline that fits one OST finance clerk;s misguided schedule in life.
This proposed reform does not eliminate Gross Revenue Crop Sharing being allowed in a lease, but it will confuse OST (big surprise there) in how they handle payments for a Crop Share Lease when payment is made in the form of a weighted share of the crop, which incidentally, is still allowed.
The best option is to leave the Direct Pay option the way it is currently in the CFR. If direct pay is negotiated in a lease, the burden of proof of payment (which is IN THE CFR) is on the person who pays the landowner. Simple. Not elegant, but it has to be more reliable than the years of mismanagement of trust that has been displayed in the Pre-Cobell era.
To the Finance Clerk in Office of Special Trustee who can't keep track of our Gross Revenue Crop Share leases: Please come to the rez to get instruction for how this piece of garbage will mess things up for thousands of land owners before this reform is signed into law.
related entries: bia' sweeping land leasing reforms
Wednesday, November 30, 2011
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1 comment:
Sorry but I am totally new to all this and have just recently began looking at current policy proposals in the interest of Native Americans. I was pleased to begin reading about this current piece of legislation as it seems to grant more flexibility in leases and it gives deadlines for lease approvals by the BIA. I am actually going to be writing a few members of congress regarding it, what would you propose be amended exactly, instead of advocating for throwing the whole thing out?
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