Recently President Obama issued a memorandum directing his Departmental and Agency Heads to re-think the whole government contracting process.
Specifically he called for a move away from non-competitive and cost reimbursement contracts except in exigent circumstances. He called for a move toward competitive and fixed-price (performance-based I assume) contracts. President Obama said that the contracting process should not interfere with inherently governmental activities either.
I would like to propose that the treaty obligations are part of the governmental activities. The oversight of the government's accountability to oversee the land held in trust for Indians must not be held by a contracting vendor. They are afterall "vendors," these contractors. They are not the U.S. Government. When an appraisal firm in a city near a reservation assumes an appraisal contract from the Northwest Office of Special Trustee, Office of Appraisal Services and then allows two levels of sub-contracted vendors onto the project, where has accountability gone? I would think that since it resulted in grave errors in more than one appraisal, and that project had to be re-appraised, that the accountability was gone along with a good dose of pride. When discrepancies are discovered by the Tribe for whom the appraisal was being done, how do they address the issue with the Office of Special Trustee? There is no "real" grievance processs that is working. When the vendors make serious (grade schoolers could probably do better) mistakes where is the record for their performance? Why aren't tribes being listed as clients on the appraisals for reservation-wide appraisals? Why aren't tribal land owners being listed as clients on the appraisals for their land? If they aren't listed as clients, they cannot access the documentation that is used to appraise their land, their crops, their timber, their minerals. Only the client can access that information. Who is the client? The client is the Office of Special Trustee, and asking them questions will result in tirades where they question your own qualifications for appraising according the Uniform Standards of Professional Appraisal Practices. What remains to be answered is how Appraisers reach their conclusions in "States of Non-Disclosure." But since the tribes aren't "clients" on the appraisal contract, somebody else will have to ask OST how the appraisers reach their conclusions. OST officers have not-too-kindly pointed out that the Tribe is not a client so they should just take the OST officer at his word.
When the vendors for surveying projects include contracted surveyors who are state, county, and city-hired surveyors who may also have a great deal of interest in boundary disputes and land taxes for the local tax payers, I would assume that there is a conflict of interest. When the Certified Federal Surveyors are state, county, city, and local government-elected officials, I would assume that they have a conflict of interest when they perform cadastral surveys for land being put into trust, for land that is in boundary dispute with either the local government or one of its constituents.
I would assume that if the CFEDS surveyors are members of an anti-sovereignty, or anti-indian organization, that there is a possiblity for a conflict of interest. If they display behavior that is less-than-objective what punishment exists to right the injustice? What happens? We jerk their contract and they go home to their home agency with their full-time job intact? If they bend the rules for themselves and they get caught, who will really press the issue for them to lose their licenses? The point is, appraisals, surveys, and wills are all of such a grave nature to the balance of accountability to the U.S. government that they should all be completed under the colors of the U.S. Government, not by a "vendor," over whom Indians hold no influence and no hope of justice in the event of any unjust actions.
For all these vendor-driven tasks, the Bureau of Indian Affairs, and Office of Special Trustee will tell you that the Tribes can make their own decisions about whether to accept the contracts or to reject them. That may be true in a perfect world but when the list comes to the Bureau of Indian Affairs employee, is it plausible to believe that they will tell superiors that the situation requires more work, more background checks? Will the BIA employees really reject a surveyor who is already on a list titled "CERTIFIED Federal Surveyors?"
I doubt it. Most Indians are oblivious to the entire process and therefore are not the ones to question about the problem. There are a few tribal land owners who are very conscious of the situation and can tell you that this is not the way things should be. Land owners, even though the vocal ones may be in the minority, are the fairest assessors of the impact from sending government responsibilities out to sloppy vendors, who will come back next year to sell us their services once again.
I am hopeful that President Obama and Secretary Salazar will steer the Bureau of Indian Affairs and the Office of Special Trustee into spending the budget dollars in such a way as to have more GOVERNMENT surveyors, more government APPRAISERS, more government EMPLOYEES perform the trust duties. Since the great and holy probate judges require that trust land be probated with a will separate from non-trust interests, since they require such a level of sophistication that not every attorney will be familiar with the requirements--the Federal government should create more positions for probate specialists, more attorneys to work the probate process from creation of an "appropriate" will to probate hearing to probate appeal.
The budget process should be re-vamped; the services for which the U.S. Government is responsible should be maintained by the Government employee, not a vendor who despite his knowledge is not required to know all that is contained within the phrase "trust responsibility" as it applies to the honored tasks for which they have clearly not "just volunteered."
This isn't new.....
President Obama Contracting Memo
http://www.whitehouse.gov/the_press_office/Memorandum-for-the-Heads-of-Executive-Departments-and-Agencies-Subject-Government-Contracting/
The Only Good Indian..... (11-5-08)
http://nativelandguardian.blogspot.com/2008/11/good-indians.html
Dirk Kempthorne had it right (9-11-08)
http://nativelandguardian.blogspot.com/2008/09/two-cheers-for-dirk-kempthorne.html
Lacking a Contracting Accountability (3-21-08)
http://nativelandguardian.blogspot.com/2008/03/grand-contracted-mess.html
Appraisals: Keeping the poor poor (3-18-08)
http://nativelandguardian.blogspot.com/2008/03/poorest-of-poor.html
Here's how you manage leasing (2-20-08)
http://nativelandguardian.blogspot.com/2009/02/heres-how-you-manage-leasing.html
Where Surveying Money should be spent (1-09-08)
http://nativelandguardian.blogspot.com/2008/01/run-numbers.html
Contracting for Customers (1-8-08)
http://nativelandguardian.blogspot.com/2008/01/yet-more-motivations.html
Fraudulent leadership plagues the Office of Special Trustee (12-18-07)
http://nativelandguardian.blogspot.com/2007/12/return-to-scene-of-crime.html
A Penney for your thoughts on Reservation Appraisals (12-4-07)
http://nativelandguardian.blogspot.com/2007/12/penney-for-your-appraisal.html
Indian Reservation Surveys (11-30-07)
http://nativelandguardian.blogspot.com/2007/11/surveys-on-reservation.html
Showing posts with label BLM Surveyors. Show all posts
Showing posts with label BLM Surveyors. Show all posts
Sunday, March 15, 2009
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?
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?
Friday, March 21, 2008
A Grand Contracted Mess
Remember back when I discussed the contracting of CFEDS surveyors and even Appraisers? Remember when I said that accountability walked out the door, when Office of Special Trustee and Bureau of Indian Affairs, and Bureau of Land Management all CONTRACTED their work out?
Here is what happens when anyone, I mean anyone, contracts work out to civilians who are under no authority to be reprimanded. Boo Hoo! Their contract service goes away and then you wonder what happened to their stolen documents, the stolen information, the breach of security of sensitive documents, sensitive information. It happened at the State Department as seen on Yahoo, news page by the Associated Press Writers, titled 3 CANDIDATES PASSPORT FILES BREACHED.
Now for any Natives out there, ask yourself if you want a CONTRACTOR to the Federal Government who also has an elected position in their county, their state, their city, to come on the reservation and survey your land. If this contractor who works for another government does come on the reservation and surveys your land, he is now privy to information such as the title of the land, and the description, and the owner. If you are the owner who has been waiting for years to have your land changed from Fee (tax) to Trust land, congratulations, the tax man just came onto your land!
If you are a County Treasurer wondering how much you should charge that crazy Indian living in the corner of your county that is on the reservation for land that he didn't know was out of Trust, congratulations! With a quick phone call to the appraising firm that works for the BUREAU OF INDIAN AFFAIRS, or the OFFICE OF SPECIAL TRUSTEE, you are also on the list of people who will gain access to this information.
If you are with Office of Special Trustee, DO NOT TELL ME IT DIDN'T HAPPEN, DON'T TELL ME IT WON'T HAPPEN, DON'T SAY ONE WORD!
Look at the State Department. You think you're more intimidating than Condoleeza Rice? You think you can control someone who isn't an employee of yours?
If you do, then you're stupid. What am I saying "if?"
For those of you on reservations, listen up. They, meaning Office of Special Trustee, Bureau of Land Management, and the Glorious Bureau of Indian Affairs have all been contaminated with a dose of guillability.
We currently have CONTRACTORS performing
ALL OUR APPRAISALS
ALL OUR SURVEYS
on our reservations. Well maybe not all the appraisals, maybe not all the surveys, but they could................
Makes you wonder if they'll be walking your property next week don't it?
P.S. Ever wonder how power companies get easements? They have to provide appraisals, and surveys. Ever wonder who did that for them? Look at their employee records. In the words of Borat, Wowwie Wow Wow Wow! They have appraisers and surveyors on staff! How come they didn't contract out for that? And more importantly, why didn't a Federal Surveyor and a Federal Appraiser do it for us? Check your power lines, check your negotiations for payments on the land that these power companies use. There better be a Federal survey, and a Federally reviewed appraisal.
P.P.S. IT CAN GET REALLY DEEP AROUND HERE SO PUT YER WADERS ON!!!!!!!
Here is what happens when anyone, I mean anyone, contracts work out to civilians who are under no authority to be reprimanded. Boo Hoo! Their contract service goes away and then you wonder what happened to their stolen documents, the stolen information, the breach of security of sensitive documents, sensitive information. It happened at the State Department as seen on Yahoo, news page by the Associated Press Writers, titled 3 CANDIDATES PASSPORT FILES BREACHED.
Now for any Natives out there, ask yourself if you want a CONTRACTOR to the Federal Government who also has an elected position in their county, their state, their city, to come on the reservation and survey your land. If this contractor who works for another government does come on the reservation and surveys your land, he is now privy to information such as the title of the land, and the description, and the owner. If you are the owner who has been waiting for years to have your land changed from Fee (tax) to Trust land, congratulations, the tax man just came onto your land!
If you are a County Treasurer wondering how much you should charge that crazy Indian living in the corner of your county that is on the reservation for land that he didn't know was out of Trust, congratulations! With a quick phone call to the appraising firm that works for the BUREAU OF INDIAN AFFAIRS, or the OFFICE OF SPECIAL TRUSTEE, you are also on the list of people who will gain access to this information.
If you are with Office of Special Trustee, DO NOT TELL ME IT DIDN'T HAPPEN, DON'T TELL ME IT WON'T HAPPEN, DON'T SAY ONE WORD!
Look at the State Department. You think you're more intimidating than Condoleeza Rice? You think you can control someone who isn't an employee of yours?
If you do, then you're stupid. What am I saying "if?"
For those of you on reservations, listen up. They, meaning Office of Special Trustee, Bureau of Land Management, and the Glorious Bureau of Indian Affairs have all been contaminated with a dose of guillability.
We currently have CONTRACTORS performing
ALL OUR APPRAISALS
ALL OUR SURVEYS
on our reservations. Well maybe not all the appraisals, maybe not all the surveys, but they could................
Makes you wonder if they'll be walking your property next week don't it?
P.S. Ever wonder how power companies get easements? They have to provide appraisals, and surveys. Ever wonder who did that for them? Look at their employee records. In the words of Borat, Wowwie Wow Wow Wow! They have appraisers and surveyors on staff! How come they didn't contract out for that? And more importantly, why didn't a Federal Surveyor and a Federal Appraiser do it for us? Check your power lines, check your negotiations for payments on the land that these power companies use. There better be a Federal survey, and a Federally reviewed appraisal.
P.P.S. IT CAN GET REALLY DEEP AROUND HERE SO PUT YER WADERS ON!!!!!!!
Wednesday, January 9, 2008
Run the numbers
Ok,
lets run some numbers.
In the 26th Status Report to the Court which is supposed to show Trust Reforms being taken to help settle the Cobell Lawsuit, Donald A. Buhler, Chief Cadastral Surveyor, Bureau of Land Management ( BLM ) signed off on his portion of that same report that says that $16.4 millions dollars were proposed for appropriation to complete surveys in 2007/8/9. The value of the Indian Trust projects would total about $127.4 million dollars. For $16.4 million dollars we're going to fix $127.4 million dollars worth of property pieces. They fix them by performing surveys which is their contribution to managing the land.
But, what if we divided $16.4 million dollars by 200. $16,400,000/200=$82,000 dollars.
$16.4 million dollars
200________________
$82,000 dollars.
16.4 MILLION DOLLARS
200 SOMETHINGS
$82,000 dollars
What does it mean? Lets divide $82,000 dollars by 1/3. $82,000/3=$27,333 dollars
the other 2/3 looks like $54,666 dollars.
So we have $54,666 dollars per 200 somethings to play with.
What are those somethings? Why is 1/3 being set aside for those 200 somethings?
Give up?
If we divide $16.4 million dollars by 200 FEDERALLY-EMPLOYED-SURVEYORS we have a total of $82,000 dollars per surveyor to play with. Of that $82,000 dollars per surveyor we take 1/3 for benefits away leaving us with $54,666 dollars per surveyor for salary. If you look at a recent job advertisement on USA JOBS for a surveying technician in Cherokee North Carolina, I think the pay grade was GS 4/5 which is right around $30,000 dollars.
hmmmmm.....
Spend the Indians' money and make sure that they have to come back next year and spend more money
OR
Spend the money enabling them to do it themselves.
You could be the reason for 200 new federal surveyors in the Bureau of Indian Affairs or you could be anther one who spent the entire "tribal" priority allocation piece by piece, sending it out the window and down the street to a bunch of private firms who will show up next year to do the same thing next year. What do you do? That your final answer?
Spend the Tribal Priority Allocation Funds the way they were supposed to be spent and start up a new division in the BIA (we'd even let you design a cool unit patch for your Survey Crew) or continue to be the lackey who has a hand in destroying the Tribal Priority Allocation Funds' checking account. Maybe the Office of Special Trustee or the Bureau of Indian Affairs Trust Services needs to have the truth explained to them. Maybe even they don't know how these funds are going out the window, keeping Indians dependent on the Federal Government. Not much trusteeship going on here right now, maybe they're not even busy so it might be easy to get into an office way up there at the top of Office of Special Trustee. Somebody "s'plain this to them," and wait for the virtue and beauty to roll out the door! Yeah, well, maybe not in this generation eh?
Maybe it's because Honorable Bill Anoatubbe, Governor of Chickasaw Nation of OK; Bobby Brooks at Bank of Oklahoma; Mr David English, Law professor at the University of Missouri-Columbia; Honorable Jim Gray, Chief of the Osage Nation, OK; Mr Edward Holland CEO Chota Capital Company; Mr Fred Matt, Confederated Tribes of Salish-Kootenai Tribes of Flathead Reservation, MT; Honorable Richard Milanovich, Chmn Agua Caliente Band of Cahuilla Indians, CA; Mr. Loren "Bat" Pourier, owner Muddy Creek Oil and Gas Inc.; and Ms. Helen Sanders Chmn Allottees Association and Affiliated Tribes of the Quinault Reservation; who are all members of the Special Trustees Advisory Board don't know that this is going on right under their noses. Who knows?
At any rate, if I was in charge of spending my grandma's money at the store to get something to clean the counter off with, I damn sure wouldn't buy cheap napkins-I'd get maybe one or two dish towels so I could have something a year or two from now to do the job.
I would think the decision would be an easy one...but then methinks I think too much.
lets run some numbers.
In the 26th Status Report to the Court which is supposed to show Trust Reforms being taken to help settle the Cobell Lawsuit, Donald A. Buhler, Chief Cadastral Surveyor, Bureau of Land Management ( BLM ) signed off on his portion of that same report that says that $16.4 millions dollars were proposed for appropriation to complete surveys in 2007/8/9. The value of the Indian Trust projects would total about $127.4 million dollars. For $16.4 million dollars we're going to fix $127.4 million dollars worth of property pieces. They fix them by performing surveys which is their contribution to managing the land.
But, what if we divided $16.4 million dollars by 200. $16,400,000/200=$82,000 dollars.
$16.4 million dollars
200________________
$82,000 dollars.
16.4 MILLION DOLLARS
200 SOMETHINGS
$82,000 dollars
What does it mean? Lets divide $82,000 dollars by 1/3. $82,000/3=$27,333 dollars
the other 2/3 looks like $54,666 dollars.
So we have $54,666 dollars per 200 somethings to play with.
What are those somethings? Why is 1/3 being set aside for those 200 somethings?
Give up?
If we divide $16.4 million dollars by 200 FEDERALLY-EMPLOYED-SURVEYORS we have a total of $82,000 dollars per surveyor to play with. Of that $82,000 dollars per surveyor we take 1/3 for benefits away leaving us with $54,666 dollars per surveyor for salary. If you look at a recent job advertisement on USA JOBS for a surveying technician in Cherokee North Carolina, I think the pay grade was GS 4/5 which is right around $30,000 dollars.
hmmmmm.....
Spend the Indians' money and make sure that they have to come back next year and spend more money
OR
Spend the money enabling them to do it themselves.
You could be the reason for 200 new federal surveyors in the Bureau of Indian Affairs or you could be anther one who spent the entire "tribal" priority allocation piece by piece, sending it out the window and down the street to a bunch of private firms who will show up next year to do the same thing next year. What do you do? That your final answer?
Spend the Tribal Priority Allocation Funds the way they were supposed to be spent and start up a new division in the BIA (we'd even let you design a cool unit patch for your Survey Crew) or continue to be the lackey who has a hand in destroying the Tribal Priority Allocation Funds' checking account. Maybe the Office of Special Trustee or the Bureau of Indian Affairs Trust Services needs to have the truth explained to them. Maybe even they don't know how these funds are going out the window, keeping Indians dependent on the Federal Government. Not much trusteeship going on here right now, maybe they're not even busy so it might be easy to get into an office way up there at the top of Office of Special Trustee. Somebody "s'plain this to them," and wait for the virtue and beauty to roll out the door! Yeah, well, maybe not in this generation eh?
Maybe it's because Honorable Bill Anoatubbe, Governor of Chickasaw Nation of OK; Bobby Brooks at Bank of Oklahoma; Mr David English, Law professor at the University of Missouri-Columbia; Honorable Jim Gray, Chief of the Osage Nation, OK; Mr Edward Holland CEO Chota Capital Company; Mr Fred Matt, Confederated Tribes of Salish-Kootenai Tribes of Flathead Reservation, MT; Honorable Richard Milanovich, Chmn Agua Caliente Band of Cahuilla Indians, CA; Mr. Loren "Bat" Pourier, owner Muddy Creek Oil and Gas Inc.; and Ms. Helen Sanders Chmn Allottees Association and Affiliated Tribes of the Quinault Reservation; who are all members of the Special Trustees Advisory Board don't know that this is going on right under their noses. Who knows?
At any rate, if I was in charge of spending my grandma's money at the store to get something to clean the counter off with, I damn sure wouldn't buy cheap napkins-I'd get maybe one or two dish towels so I could have something a year or two from now to do the job.
I would think the decision would be an easy one...but then methinks I think too much.
Tuesday, January 8, 2008
Yet more MOTIVATIONS!
Take a look around and you will see that the Certified Federal Surveyors Program (CFEDS)is supposed to be self funded. Self Funded? No budget from the great white father? Cut off? For real? Why would they do that? Why would the great white father create a program in the federal government that isn't funded? What gives? Come on now, you can't create a school traffic warning sign without some sort of maintenance fee in this country. Why would you create a program and "hope" it grows up on its own?
1. Instead of enriching the program, instead of empowering tribes to become self sufficient, instead of teaching them how to fish, you drain their checkbook paying for each and every fish. Instead of putting funding into training tribal surveyors so that tribes can become self sufficient in at least one more area, you take TPA funds away from tribes across the board, and you pay those TPA funds into overpriced surveys on a piece-meal basis. Tribal Priority Allocations were meant in their infancy in the 1970s to pursue Indian self-determination by offering ways to set [TRIBAL] priorities and allocate funds for those activities they [TRIBES] wanted to fund, in consultation with BIA. BIA was supposed to give TRIBAL PRIORITY ALLOCATION FUNDS to tribes by funding TRIBALLY OPERATED ACTIVITIES or through SERVICES PROVIDED BY BIA as well as some of Bureau of Indian Affairs' management and administrative costs, according to A 1998 GAO report. The consultation went out the window. I know two years ago that when a regional BLM surveyor-type was made aware of the elected officials who would now be conducting boundary surveys, he said "I wasn't aware of that." And now apparently, neither is anybody else aware of the problem (the results) built into the Certified Federal Surveyor Program. Does the Certified Federal Surveyor program meet the test of being a TRIBALLY OPERATED ACTIVITY or a SERVICE PROVIDED BY THE BIA? Afraid not. Somebody at the Office of Special Trustee has made a horrible case for this program which will take a serious link out of the Indian Self Determination which Tribal Priority Allocations was supposed to create.
2. Instead of doing it outright, in front of GOD AND EVERYBODY, you make it sophisticated, covert, and you make believers of even the smartest people that it is in the best interest of the Indian population, when in reality it isn't. I really feel sorry for my friends at the Certified Federal Surveyor Program. I hope and I do pray that their eyes are opened to the sophisticated effects that are at work here. Remember it isn't the rules we care about in Indian Country. It's the RESULTS that we're concerned about. Do my friends, the Certified Federal Surveyor Program Coordinators really know what we're talking about here? Do they really know how they're being used to facilitate this egregious infraction against Indian Self -Determination? Why else would they willingly participate unless they didn't know? Why else would otherwise very intelligent, professionals so willingly participate? Why else would they cash the checks from the Tribal Priority Allocation funds like a Federal Spendthrift instead of advocating for these funds to be turned around and sent back to the Tribal Priority Allocation Fund coffers where some really advantageous work can be done?
3. Could it be because, the Certified Federal Surveyor program is now supposed to be SELF FUNDED? Could it be because the reputation as a manager, is on the line for a Certified Federal Surveyor Program Coordinator and staff? Could it be because they really put one over on him and his staff when they gave him about $400,000 dollars to start it up, and then "sell" the program to every state licensed surveyor who is at this moment clamoring to get in the class to "pad their resume?" Could it be because the Certified Federal Surveyor Program Coordinators on the ground level really aren't as experienced as they thought they were? Like maybe they didn't realize that the funds that went into starting this program now provides "the customers to raid the cash register?" Believe it- now the funds have been shifted through the Office of Special Trustee into paying for outrageous surveys. We pay now in some cases $15,000 dollars per survey and get what? Instead of providing funding at say $45,000 -$60,000 per surveyor per year to have them in-house in the tribes, or at BLM. Then if they screw things up, we have some accountability. As it stands now, we take away their contract and point and say "bad surveyor!" In a normal situation that would be sufficient. But in a Fiduciary Trust Model under the ownership of the Office of Special Trustee, it reaks of irresponsibility, and under-handedness, and a general lack of ethical fortitude.
We look for motivators to constantly evaluate how well we work for the "common good." Or do we? It isn't an easy thing to admit we've been hoodwinked. It isn't easy unless we think we have backing, unless we think we have support...when in reality we really do already have that support, that backing, when we withdraw from something less than honest (in a fiduciary trust model). All that support, all that backing will come from all those people we are supposed to remember we are supporting. When we really do come out in their corner, we find that they're there like they've always been: waiting for us to fight for them.
I'd shake the hand of somebody like that. I think the TRUE MOTIVATION is there for a whole "helluva lotta dem dere Indians" to shake the hand of someone who champions our cause, because then the results, the negative results, the disastrous results, would have one less protagonist.
Socrates would be proud.
1. Instead of enriching the program, instead of empowering tribes to become self sufficient, instead of teaching them how to fish, you drain their checkbook paying for each and every fish. Instead of putting funding into training tribal surveyors so that tribes can become self sufficient in at least one more area, you take TPA funds away from tribes across the board, and you pay those TPA funds into overpriced surveys on a piece-meal basis. Tribal Priority Allocations were meant in their infancy in the 1970s to pursue Indian self-determination by offering ways to set [TRIBAL] priorities and allocate funds for those activities they [TRIBES] wanted to fund, in consultation with BIA. BIA was supposed to give TRIBAL PRIORITY ALLOCATION FUNDS to tribes by funding TRIBALLY OPERATED ACTIVITIES or through SERVICES PROVIDED BY BIA as well as some of Bureau of Indian Affairs' management and administrative costs, according to A 1998 GAO report. The consultation went out the window. I know two years ago that when a regional BLM surveyor-type was made aware of the elected officials who would now be conducting boundary surveys, he said "I wasn't aware of that." And now apparently, neither is anybody else aware of the problem (the results) built into the Certified Federal Surveyor Program. Does the Certified Federal Surveyor program meet the test of being a TRIBALLY OPERATED ACTIVITY or a SERVICE PROVIDED BY THE BIA? Afraid not. Somebody at the Office of Special Trustee has made a horrible case for this program which will take a serious link out of the Indian Self Determination which Tribal Priority Allocations was supposed to create.
2. Instead of doing it outright, in front of GOD AND EVERYBODY, you make it sophisticated, covert, and you make believers of even the smartest people that it is in the best interest of the Indian population, when in reality it isn't. I really feel sorry for my friends at the Certified Federal Surveyor Program. I hope and I do pray that their eyes are opened to the sophisticated effects that are at work here. Remember it isn't the rules we care about in Indian Country. It's the RESULTS that we're concerned about. Do my friends, the Certified Federal Surveyor Program Coordinators really know what we're talking about here? Do they really know how they're being used to facilitate this egregious infraction against Indian Self -Determination? Why else would they willingly participate unless they didn't know? Why else would otherwise very intelligent, professionals so willingly participate? Why else would they cash the checks from the Tribal Priority Allocation funds like a Federal Spendthrift instead of advocating for these funds to be turned around and sent back to the Tribal Priority Allocation Fund coffers where some really advantageous work can be done?
3. Could it be because, the Certified Federal Surveyor program is now supposed to be SELF FUNDED? Could it be because the reputation as a manager, is on the line for a Certified Federal Surveyor Program Coordinator and staff? Could it be because they really put one over on him and his staff when they gave him about $400,000 dollars to start it up, and then "sell" the program to every state licensed surveyor who is at this moment clamoring to get in the class to "pad their resume?" Could it be because the Certified Federal Surveyor Program Coordinators on the ground level really aren't as experienced as they thought they were? Like maybe they didn't realize that the funds that went into starting this program now provides "the customers to raid the cash register?" Believe it- now the funds have been shifted through the Office of Special Trustee into paying for outrageous surveys. We pay now in some cases $15,000 dollars per survey and get what? Instead of providing funding at say $45,000 -$60,000 per surveyor per year to have them in-house in the tribes, or at BLM. Then if they screw things up, we have some accountability. As it stands now, we take away their contract and point and say "bad surveyor!" In a normal situation that would be sufficient. But in a Fiduciary Trust Model under the ownership of the Office of Special Trustee, it reaks of irresponsibility, and under-handedness, and a general lack of ethical fortitude.
We look for motivators to constantly evaluate how well we work for the "common good." Or do we? It isn't an easy thing to admit we've been hoodwinked. It isn't easy unless we think we have backing, unless we think we have support...when in reality we really do already have that support, that backing, when we withdraw from something less than honest (in a fiduciary trust model). All that support, all that backing will come from all those people we are supposed to remember we are supporting. When we really do come out in their corner, we find that they're there like they've always been: waiting for us to fight for them.
I'd shake the hand of somebody like that. I think the TRUE MOTIVATION is there for a whole "helluva lotta dem dere Indians" to shake the hand of someone who champions our cause, because then the results, the negative results, the disastrous results, would have one less protagonist.
Socrates would be proud.
Friday, November 30, 2007
Surveys on a Reservation
The latest craze to sweep federal surveyors offices is the program called CFEDs. It's a training program for certifying surveyors to perform federal surveys, cadastral services, BLM surveys, surveys for Tribes.
The requirements for becoming a CFEDs surveyor are really loose. REALLY really loose. REALLY REALLY REALLY LOOSE!
Why is this so important? Well if your tribe needs a survey performed that is of a Federal survey type, or a cadastral survey for oh, lets say a border dispute between the Tribe (reservation) and a state or a county, BLM usually is the one to do that. BLM has always done tribal cadastral surveys I am told. This CFEDs program replaces BLM surveyors with CFEDs surveyors because BLM cannot keep up with the demand for surveys from tribes. Basically, they are contracting out their services, their role in the fiduciary responsibility of the federal government, their oversight of an ethical survey. (remember the ethics part, I'll address this later in this entry)
So how loose are the requirements for becoming a CFEDs surveyor? Well if you look at the CFEDs Site you'll find that you have to meet two requirements:
1. be a licensed surveyor in any state
2. have no (negative) disciplinary actions in any state regulatory board or court in the last five years.
That is all that is required. For anything else, the sky's the limit. hmmmmmmm.
"Anything else" covers a lot of ground doesn't it? It does indeed!
What is meant when I said "anything else?" Let's say you're a CFEDs surveyor working at your normal job, and you get a call from Bureau of Land Management, or a tribe to go to a reservation to settle a border dispute between the Tribe and the State. You go in you do your thing, you check titles, you check monuments, you recheck titles, you do everything to uphold the integrity of your profession and decide that the land in dispute goes to the State. Easy right? Too easy!
How can you uphold the integrity of your profession...recommend a boundary dispute resolution in favor of a state, between a tribe and the state, as a CFEDs surveyor...when you are a state or county elected-surveyor? Remember the only requirements are listed above. There are no restrictions on anything else! So, elected surveyors, and state and city employee-surveyors, can (AND ARE) participating in the CFEDs process!
Which God will this surveyor serve? Will he serve the state, county or city he is an employee at, or an elected official of, or will he serve the Tribe for whom he is under contract through the BLM?
I brought this up quite a long time ago (2 years ago at a BIA realty conference in Lincoln City Oregon) and there was no answer. Now the first class has graduated from the CFEDs course and within the first four pages of my print out from the list I have found three CFEDs surveyors who meet the ethical dilema I have described here. I have also found several who have written questionable material as it relates to Tribal cultures.
So, what about that crazy word "ethics?" Let's see what one of the coordinators of the CFEDs program has to say about ethics. Dennis Mouland, one of the training coordinators has a venerated book called Ethics for the Professional Surveyor. He also has a fan, William Schmidt, who wrote a glowing review of the book, for Professional Surveyor Magazine.
He describes Dennis Moulan's "thoughts" on the subject of ethics as a word that '...originally meant habit, or the way someone is disposed to act.' He also says the word means the "right way," or "the approved or a proven way."
Well I have news for Dennis Mouland. I do not approve of the way that they are randomly creating a plethora of ethical dilemas for a bunch of surveyors whose real jobs may depend on how they are "disposed to act," during a border dispute between the Tribe and their real employers.
And really now, how can anybody who works for any state (say California) understand the real complexities of a border dispute between a tribe and another state (say Idaho) when they are working for another state?
I don't know, what do you think? What is your stand on this?
What about background checks? How many people serve on organizations that purport to deny tribal jurisdiction exists and are on the list of CFEDs surveyors? (I'm looking at you--you know who you are, and it's only a matter of time before this becomes painfully evident to the world)
Talk to your tribal councils, talk to your chairmen, your presidents, your program directors, ask them if they understand how screwed up this program is in its implementation from the ground up.
A friend of mine from Haskell Indian Nations University who shall remain nameless to protect Cricket's identiy, (Hi Cricket!) has this on her page and I think it's only too appropriate:
He who serves two masters has to lie to one.
The requirements for becoming a CFEDs surveyor are really loose. REALLY really loose. REALLY REALLY REALLY LOOSE!
Why is this so important? Well if your tribe needs a survey performed that is of a Federal survey type, or a cadastral survey for oh, lets say a border dispute between the Tribe (reservation) and a state or a county, BLM usually is the one to do that. BLM has always done tribal cadastral surveys I am told. This CFEDs program replaces BLM surveyors with CFEDs surveyors because BLM cannot keep up with the demand for surveys from tribes. Basically, they are contracting out their services, their role in the fiduciary responsibility of the federal government, their oversight of an ethical survey. (remember the ethics part, I'll address this later in this entry)
So how loose are the requirements for becoming a CFEDs surveyor? Well if you look at the CFEDs Site you'll find that you have to meet two requirements:
1. be a licensed surveyor in any state
2. have no (negative) disciplinary actions in any state regulatory board or court in the last five years.
That is all that is required. For anything else, the sky's the limit. hmmmmmmm.
"Anything else" covers a lot of ground doesn't it? It does indeed!
What is meant when I said "anything else?" Let's say you're a CFEDs surveyor working at your normal job, and you get a call from Bureau of Land Management, or a tribe to go to a reservation to settle a border dispute between the Tribe and the State. You go in you do your thing, you check titles, you check monuments, you recheck titles, you do everything to uphold the integrity of your profession and decide that the land in dispute goes to the State. Easy right? Too easy!
How can you uphold the integrity of your profession...recommend a boundary dispute resolution in favor of a state, between a tribe and the state, as a CFEDs surveyor...when you are a state or county elected-surveyor? Remember the only requirements are listed above. There are no restrictions on anything else! So, elected surveyors, and state and city employee-surveyors, can (AND ARE) participating in the CFEDs process!
Which God will this surveyor serve? Will he serve the state, county or city he is an employee at, or an elected official of, or will he serve the Tribe for whom he is under contract through the BLM?
I brought this up quite a long time ago (2 years ago at a BIA realty conference in Lincoln City Oregon) and there was no answer. Now the first class has graduated from the CFEDs course and within the first four pages of my print out from the list I have found three CFEDs surveyors who meet the ethical dilema I have described here. I have also found several who have written questionable material as it relates to Tribal cultures.
So, what about that crazy word "ethics?" Let's see what one of the coordinators of the CFEDs program has to say about ethics. Dennis Mouland, one of the training coordinators has a venerated book called Ethics for the Professional Surveyor. He also has a fan, William Schmidt, who wrote a glowing review of the book, for Professional Surveyor Magazine.
He describes Dennis Moulan's "thoughts" on the subject of ethics as a word that '...originally meant habit, or the way someone is disposed to act.' He also says the word means the "right way," or "the approved or a proven way."
Well I have news for Dennis Mouland. I do not approve of the way that they are randomly creating a plethora of ethical dilemas for a bunch of surveyors whose real jobs may depend on how they are "disposed to act," during a border dispute between the Tribe and their real employers.
And really now, how can anybody who works for any state (say California) understand the real complexities of a border dispute between a tribe and another state (say Idaho) when they are working for another state?
I don't know, what do you think? What is your stand on this?
What about background checks? How many people serve on organizations that purport to deny tribal jurisdiction exists and are on the list of CFEDs surveyors? (I'm looking at you--you know who you are, and it's only a matter of time before this becomes painfully evident to the world)
Talk to your tribal councils, talk to your chairmen, your presidents, your program directors, ask them if they understand how screwed up this program is in its implementation from the ground up.
A friend of mine from Haskell Indian Nations University who shall remain nameless to protect Cricket's identiy, (Hi Cricket!) has this on her page and I think it's only too appropriate:
He who serves two masters has to lie to one.
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