Click this link to see the Federal Register Release on the BIA's Sweeping Reform of the Federal Leasing Process.
In the proposed reform as seen on the above page, you will note the severe restrictions on Direct Pay Options. If you have 11 landowners on a piece of land, there will be no more direct pay. It will only be allowed on land with 10 owners or less.
And ALL 10 owners have to consent to the Direct Pay. This is a specific slant against direct pay, otherwise, you would have a proposed regulation that says that whatever the "majority" of landowners agree to, is what should be enacted on a lease. Besides that, according to the current CFR, Direct pay is an option already on the books and 100% is NOT REQUIRED for you to receive direct pay from your farmer. This will have disastrous results!
If OST comes in and requires a farmer to pay them for your lease by November 1st, you will not have any option to play the market and you will not get anything that says anything about your harvest.
All you're going to get is a check. There is nothing else given. You don't know WHEN your crop was sold, HOW much crop you had, WHAT THE PRICE/BUSHEL was for your crop. What a wonderful way for accountability to fly out the window with your crop.
This is a policy in direct opposition to Crop Revenue Sharing. There will be confusion and as usual the OST will listen to their finance clerk in Albuquerque who knows nothing of agricultural marketing/harvesting operations.
This should be at least one point that tribes and tribal members should be in opposition to in this proposed regulation.
Assistant Secretary Larry Echo Hawk said on Native Times, "The revised regulations will bring greater transparency, efficiency and workability to the Bureau of Indian Affairs approval process, and will provide tribal communities and individuals certainty and flexibility when it comes to decisions on the use of their land.”
So how is it when I have a gross revenue crop share lease where my farmer pays me with a weighed share of my crops that, under this new leasing reform, I am going to get transparency, efficiency and workability? Under this proposed reform, all I am going to get is a check and that's it. The check doesn't even say what it's for. It doesn't tell me what my crops sold for, when they were sold, or what the total bushel per acre for my allotment was.
You know a funny thing about those crops: There is no guarantee that the protein levels for your crops can be determined before November 1st. There is no guarantee that the quality of the crop versus weed and waste content can be determined before November 1st. They do a seed test on many crops which takes about a month to determine if your seed crops are quality that can be sold. So, how am I going to get a check for my "supposedly sold" crop when it hasn't even been divided up and tested yet? Sometimes the crops in bumper years aren't totally quality-checked until March because of the backlog.
But rest assured, that ONE FINANCE CLERK at OST will rest easy knowing that all the numbers line up nice and straight.
This is a horrible piece of this reform. The current 25 CFR 162. 226 states the lease can be negotiated for "DIRECT PAY" from the farmer or operator. 162.227 even stipulates how payment must be made under Direct Pay options.
There will be even more confusion now for our poor OST Clerk in Albuquerque because, how in the world will they pay land owners who have Crop Revenue Share leases? Legally by November 1st? Talk about Trust Mismanagement! A clear case for screwing the land owners again. How long ago was the Cobell suit? The ink's not even dry and now this!
Showing posts with label President Obama. Show all posts
Showing posts with label President Obama. Show all posts
Tuesday, November 29, 2011
Friday, April 1, 2011
Behind the scenes of the Cobell Opt Out
I can tell you opting out is on the mouths of more than a few Indians. The phone lines and emails are flying between Indians in D.C., South Dakota, Idaho, Montana and Washington. The main problem with opting out is that most lawyers are representing the Tribes. Anyone else is hesitant to take a case on a "contingency basis."
What is obvious to all the INDIVIDUAL Tribal Landowners is that the Cobell Settlement Lawyers did not adequately represent almost the entire great plains region or the Pacific Northwest where landowners lease their land, and where many got Direct Pay from their farmers for YEARS. Not a lot of our money went through IIM accounts. The Cobell Settlement seems to ignore the fact the 25 CFR part 162 has always allowed Native Landowners to receive direct pay from their farmer-operators. It short-changes generations of landowners under the payment schedule worked into the Cobell Settlement where payment is made based on an amount of money that passed through each individual IIM account.
The Elouise Cobell Settlement team did not represent any Direct Pay Native Landowner. Their pay should be commensurate with their level of incompetence and fall well short of 200 million dollars.
Somebody should whisper this in Congressman Doc Hastings ear at the Subcommittee on Indian and Alaska Indian Affairs meeting on Tuesday.
What is obvious to all the INDIVIDUAL Tribal Landowners is that the Cobell Settlement Lawyers did not adequately represent almost the entire great plains region or the Pacific Northwest where landowners lease their land, and where many got Direct Pay from their farmers for YEARS. Not a lot of our money went through IIM accounts. The Cobell Settlement seems to ignore the fact the 25 CFR part 162 has always allowed Native Landowners to receive direct pay from their farmer-operators. It short-changes generations of landowners under the payment schedule worked into the Cobell Settlement where payment is made based on an amount of money that passed through each individual IIM account.
The Elouise Cobell Settlement team did not represent any Direct Pay Native Landowner. Their pay should be commensurate with their level of incompetence and fall well short of 200 million dollars.
Somebody should whisper this in Congressman Doc Hastings ear at the Subcommittee on Indian and Alaska Indian Affairs meeting on Tuesday.
Sunday, December 5, 2010
Elouise Cobell Settlement could have been so much more
The "Cobell settlement" which is on the mouths of landowners as the "Cobell Sellout" will forever go down in history as one of the pivotal points at which justice was once again used to tease Indians. Like a piece of meat held too high for a starving dog to snatch.
The Cobell Sellout was analyzed and at first was embraced by all as a good effort to "make" the Federal Government show how much we were owed.
If you "Lose the Initiative" on the battlefield, you are prone to seek out any new goal far short of what your objective originally was. Suddenly just living seems so much more appeasing than actually following through with your mission.
So it is with the Cobell Sellout. We were all behind her when she had the vision before her to compel an accounting. Maybe 10 years into it, maybe 13 years into it, she lost the initiative. And now we are all being forced into a pen of acceptance for a pittance of what is really owed and everybody in the Federal Government knows it. We are forced into an acceptance of a pitiful settlement while the memory of a "Compelling Accounting" for what we are owed, is now forever forgotten. The original objective sits on the memory map of so many who are now poised to lose that one chance to show that our generations before us were wronged, our ancestors suffered and the proof was forthcoming.
The Cobell Sellout could have contained so much more. As she shared in Indian Country Today, Angelique Eagle Woman had an idea for where this could have been steered. It would appear that when President Obama signs the Settlement legislation, Eagle Woman's and our hopes for "major positive sustainable changes" will forever go down in history with scant explanation or time due for positive dialogue.
Eagle Woman's "Remediation, Accounting, an Apology, and a More Just Monetary Compensation Plan" will go down, ignored with the pleas from the landowners who are in abundance, who do not support this poor excuse for a settlement, despite the questionable terms Cobell team used when they said the "majority of Indian Country" supports this settlement.
In every battlefield, the lieutenant who loses initiative will have a few bold sergeants who will make corrections in the heat of battle because somebody must. Maybe the Commander In Chief will take note of a select few shining examples of some brilliant leaders in the field of Indians and take pause to listen, right before he signs the Cobell Sellout.
The Cobell Sellout was analyzed and at first was embraced by all as a good effort to "make" the Federal Government show how much we were owed.
If you "Lose the Initiative" on the battlefield, you are prone to seek out any new goal far short of what your objective originally was. Suddenly just living seems so much more appeasing than actually following through with your mission.
So it is with the Cobell Sellout. We were all behind her when she had the vision before her to compel an accounting. Maybe 10 years into it, maybe 13 years into it, she lost the initiative. And now we are all being forced into a pen of acceptance for a pittance of what is really owed and everybody in the Federal Government knows it. We are forced into an acceptance of a pitiful settlement while the memory of a "Compelling Accounting" for what we are owed, is now forever forgotten. The original objective sits on the memory map of so many who are now poised to lose that one chance to show that our generations before us were wronged, our ancestors suffered and the proof was forthcoming.
The Cobell Sellout could have contained so much more. As she shared in Indian Country Today, Angelique Eagle Woman had an idea for where this could have been steered. It would appear that when President Obama signs the Settlement legislation, Eagle Woman's and our hopes for "major positive sustainable changes" will forever go down in history with scant explanation or time due for positive dialogue.
Eagle Woman's "Remediation, Accounting, an Apology, and a More Just Monetary Compensation Plan" will go down, ignored with the pleas from the landowners who are in abundance, who do not support this poor excuse for a settlement, despite the questionable terms Cobell team used when they said the "majority of Indian Country" supports this settlement.
In every battlefield, the lieutenant who loses initiative will have a few bold sergeants who will make corrections in the heat of battle because somebody must. Maybe the Commander In Chief will take note of a select few shining examples of some brilliant leaders in the field of Indians and take pause to listen, right before he signs the Cobell Sellout.
President Obama's final step before the fall known as the Cobell Settlement
It would seem as if the "forgotten" Native Population will once again be told what is best for them by what would seem to be a non-appointed voice for us all. Reminds one of the treaty-signers and what they gave away for the rest of their respective tribes. Elouise Cobell is set to pull the wool over one of the brightest minds in the Nation, Barack Obama Black Eagle.
When President Obama signs the Cobell Sellout, the Federal Government will breathe a giant sigh of relief. "Whew, we got through that one cheaper than we should have" will be a thought in many legislators minds.
"We could have ended up giving them what we gave the Black Farmers. We could have given the tribes 1.4 billion outright - good thing the process will prevent them from ever using all the money in 10 years. We'll get some of this back, in the meanwhile it'll earn interest. We could have granted generous funding to clear the back log of land sales currently on the books. We could have granted generous funding to create a bunch of Indian Surveyors so the tribes could have been more self sufficient to fix their Cadastral surveys. We got off easy on this one because we'll continue to be a pass through to all the contracted surveyors. Good vote getter there!
Did you catch that freakish clause where we're gonna give 'em 60 million for college? Wasn't that great? Considering we already covered that with each treaty that was a steal!
We could have actually been forced to come up with an accounting which we could not have done. Well, we couldn't have done it without spending more of our money to fix the accounting errors. On a good note, because of this case, we got all the land title documents under lock and key in our super secret cave in Lenexa, Kansas. "
Despite some of the greatest minds in the field of law and policy speaking out on behalf of the landowners, President Obama will instead "forget" that justice requires dialogue and with a history of people, good-willed or not, speaking on our behalf, we return once again to a scene where one will speak for many. One legal team will get off on their take while we get 1/50th of what another legal team got for their black farmers. One land owner who would have only gotten a tiny payment every year will instead take home 15 million dollars despite the lack of proof that millions were spent according to her own tax records. (check the link here) (she showed on her own records that she didn't even work some months and she put it out there for everybody to see)
123 years of injustice: uncounted millions lost
362 tribes who still don't have a sound land management advocate: cheap when you get a Secretary who has never lived on his own reservation and has no concept of what real life issues take place daily on the rez, but can cry on demand when speaking in front of a camera.
Stealing their 1 last shot to infuse justice into the situation: PRICELESS!
I guess there will be a ceremony where a drum will be beat to the heartbeat of very few. There will be a photo op in a plush room with a cast of very well-known players. And then the checks will start rolling in with nary an explanation-just like our checks come now. No receipt, no statement, no explanation for why we're getting it. Certainly no justice from the Federal Government who issued it.
Thanks be to President Obama for making it all happen with the swipe of a pen. Indians never did like paperwork and we still don't.
When President Obama signs the Cobell Sellout, the Federal Government will breathe a giant sigh of relief. "Whew, we got through that one cheaper than we should have" will be a thought in many legislators minds.
"We could have ended up giving them what we gave the Black Farmers. We could have given the tribes 1.4 billion outright - good thing the process will prevent them from ever using all the money in 10 years. We'll get some of this back, in the meanwhile it'll earn interest. We could have granted generous funding to clear the back log of land sales currently on the books. We could have granted generous funding to create a bunch of Indian Surveyors so the tribes could have been more self sufficient to fix their Cadastral surveys. We got off easy on this one because we'll continue to be a pass through to all the contracted surveyors. Good vote getter there!
Did you catch that freakish clause where we're gonna give 'em 60 million for college? Wasn't that great? Considering we already covered that with each treaty that was a steal!
We could have actually been forced to come up with an accounting which we could not have done. Well, we couldn't have done it without spending more of our money to fix the accounting errors. On a good note, because of this case, we got all the land title documents under lock and key in our super secret cave in Lenexa, Kansas. "
Despite some of the greatest minds in the field of law and policy speaking out on behalf of the landowners, President Obama will instead "forget" that justice requires dialogue and with a history of people, good-willed or not, speaking on our behalf, we return once again to a scene where one will speak for many. One legal team will get off on their take while we get 1/50th of what another legal team got for their black farmers. One land owner who would have only gotten a tiny payment every year will instead take home 15 million dollars despite the lack of proof that millions were spent according to her own tax records. (check the link here) (she showed on her own records that she didn't even work some months and she put it out there for everybody to see)
123 years of injustice: uncounted millions lost
362 tribes who still don't have a sound land management advocate: cheap when you get a Secretary who has never lived on his own reservation and has no concept of what real life issues take place daily on the rez, but can cry on demand when speaking in front of a camera.
Stealing their 1 last shot to infuse justice into the situation: PRICELESS!
I guess there will be a ceremony where a drum will be beat to the heartbeat of very few. There will be a photo op in a plush room with a cast of very well-known players. And then the checks will start rolling in with nary an explanation-just like our checks come now. No receipt, no statement, no explanation for why we're getting it. Certainly no justice from the Federal Government who issued it.
Thanks be to President Obama for making it all happen with the swipe of a pen. Indians never did like paperwork and we still don't.
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