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Tribal leaders to Congress: End BIA homeownership bureaucracy

By Rob Capriccioso

WASHINGTON – Tribal leaders testified before Congress that government bureaucracy involving the leasing of Indian lands must cease, or increasing numbers of Native American young people will continue to leave their reservations.

“Who are the movers and shakers?” Arvin Trujillo, executive director of the Navajo Nation’s natural resources division, asked lawmakers at an Oct. 21 hearing of the House Committee on Natural Resources.

Trujillo said, to him, the movers and shakers are the parents in young Indian families whom he calls the “soccer moms” and “basketball dads.”

Sadly, too many of these young folks are choosing to leave their traditional homelands, Trujillo said. And he believes federal bureaucracy involving the leasing of lands has everything to do with the problem.

Several tribal leaders have explained similar complications, saying that under current BIA policies, it can take months and even years for some tribal members to secure reservation-based land leases.

By the time that bureaucracy plays out, mortgage rates sometimes rise, making it impossible for many to afford homeownership.

Gov. Everett Chavez of the Pueblo of Santo Domingo in New Mexico testified that two of his daughters have chosen to move to Albuquerque as a result of such issues. He estimated that BIA leasing hold-ups typically last from six months to a couple of years.

Rep. Martin Heinrich, D-N.M., said the horrors of BIA bureaucracy was one reason he introduced the Helping Expedite and Advance Responsible Tribal Homeownership, or HEARTH Act, in May. He said several pueblo leaders had previously brought up the issue with him.

The act is aimed at allowing tribes to enter into certain long-term leases of land without prior express approval from the secretary of the Interior, which is currently required under federal law in many cases.

Several tribes already have their own lease provisions. The legislation would allow tribes that want to exercise greater control over their lands to do so, but it would not require any tribe to do so that doesn’t want to.

To date, the legislation has 25 House co-sponsors, including 13 members of the natural resources committee.

Jerry Gidner, BIA director, testified that the Obama administration supports self-determination and tribal sovereignty, and it wants to help expedite housing leasing. But he said that amendments would be needed to the HEARTH Act in order for Interior to support it.

One area of concern, Gidner said, involves the liability of the federal government in leases approved by a tribe that ends up seeing losses.

Facing questions from the committee, Gidner admitted staff resources are sometimes an issue in processing lease applications in a timely fashion.

“I don’t think we can process them (leases) as fast as we ought to be able to.”

Chairman of the committee, Nick Rahall, D-W.Va., noted that amendment of leasing legislation would not be unusual, as Congress has done it several times in the past. He also noted that past legislation has specifically allowed the Navajo Nation to do its own leasing.

Cheryl Parish, executive director of the Bay Mills Housing Authority in Michigan, believes more people would live on tribal lands if the problems associated with owning a home were eliminated.

According to Census data, Parish said, about half of all Indians live off their reservations now.

Parish said that based on her housing experience several tribes could currently take advantage of the HEARTH Act if it became law. She said the National American Indian Housing Council is working on building the capacity of more tribal governments to do their own leasing.

Friday, Oct 30 at 10:16 AM Grace Wrote wrote ...

It is true what is being said I had friends that bought homes and while they were waiting for BIA approval for lease their approved loans for homes expired. Also it is happening all over Indian country elected tribal council are corrupet their in there for themselves, they lie to their constiuates to get elected in to office, only their family members have first priority. SAD!

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Thursday, Oct 29 at 12:24 AM pudwaa wrote ...

the oppression and assimilation policies of the new world are clear and present!.

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Wednesday, Oct 28 at 6:13 PM Wanbli wrote ...

The injustice and indecency of first nation's paying rent to live on their homeland shows us the depravity in all Americans thinking processes and the ethics of their value system. If anyone should be paying rent is the US and the non-Indian land squatters, white nationalist free-loading zombies.

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Wednesday, Oct 28 at 1:11 PM David E.Guardipee wrote ...

Hello my land is leased for $12.a year my other land is also leased for pennies yes the people who profit are Reatives on some companies on another I can not live on my own property.PRESIDENT OBAMA SAID HE WILL HELP.Well like all people in gov.it's only words,I can not live on res. because of the tribal ideas are get mine not the tribes,yes crime intervention is good should start with the B.I.A investigated for it. YATAHAY NATIVEAMERICAN. David Eli Guardipee.

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Wednesday, Oct 28 at 9:37 AM Pyrope Native wrote ...

I know for a fact that the process is TOO LONG ! How do i know, i sell home on the Navajo rez and the actual time from interest to actual homeownership is about 6 months. I have lost clients because of the time frame and the paper-work involved. Let our people truly practice the ways of main stream america and become home-owners

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Tuesday, Oct 27 at 11:13 PM indnchild wrote ...

The Homeownership on reservations through NAHASDA is an wonderful opportunity for the American Dream of Homeownership. If only HUD would be willing to assist with the tasks of Environmental Reviews to complete the Goals and Objectives. They are too busy being trained on the regulation that they are not sure how to implement. Let's work hand in hand HUD, don't work against what we are trying to accomplish for our people.

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Tuesday, Oct 27 at 4:26 PM tribal spouse wrote ...

Not good place for tribal spouse to live. Very high suicide rate amoung tribal spouses on reservations. The only right you have as a tribal spouse is to be buried.Really something to look forward to.

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Tuesday, Oct 27 at 9:03 AM Anonymous wrote ...

Goldtooth, we have already started 'the ball rolling in another direction' by working for over 20 years for the adoption in 2007 of the UN Declaration on the Rights of Indigenous Peoples. It is now our responsibility to learn what our human rights are and to claim them. The right of self-determination is one of them, and applies to housing. We (tribal nations) should determine our leasing policies, not the federal government. That means building capacity to do so and doing it like the Navajo.

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Tuesday, Oct 27 at 7:20 AM Chooge wrote ...

This is so ****ing of the BIA, yet it continues, business as usual. BIA - slow and deliberate. Eastern Oklahoma can share in some of the grief - our BIA is slow and deliberate and just plain incompetent. We're still waiting on Obama's change.

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Monday, Oct 26 at 3:43 PM Phoenix Navajo wrote ...

Its just not the BIA. I tried for years and my people had so much red tape. When my lease finally went up to the "grazing committee" the folder was lost. If you have dealt with indians, you get that look and a sad sound. The local chapter house simply did not want anymore people to come home. Now days indian think they own the land and you even see "No Trespassing" signs. Yes, the indians have fully assimulated and it won't be long now where 1/8 bloods will be the mark.

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Monday, Oct 26 at 2:34 PM Omaha Refugee wrote ...

I had to leave the 'res' for employment opportunity.You're not going to find it,on the Omaha res.Espescially,since the Casino went under. The only ones employed are the Tribal Council & their friends,family.

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Monday, Oct 26 at 12:18 PM goldtooth wrote ...

i think its come down to a serious disagreement and some type of action will happen next. i think the rules that the fed govt makes has to be questioned in such as a way as to put total doubt on its origins. also the use of united nations human rights groups and declaration has to be made to apply to indians. this may start the ball rolling in another direction.

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Monday, Oct 26 at 10:04 AM Lakota Refugee wrote ...

Exactly how it is supposed to be. In the mid-1900s'it was called relocation, at the turn of the century of 1900, it was called removal.At the beginning of a new century, we call it reservations. Most attempts at home owner ship are white-taped by BIA bureaucrats gate keepers who actually prevent descendants of original allotees from establishing any kind of foothold instead calling them life estates. Almost always losing land in a supposed trade where some official arbitrarily makes a decision.

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Saturday, Oct 24 at 8:39 PM Half & Half wrote ...

The young continue to leave, because they eventually want to OWN the place they are living on and not have to face the possibility of the rug being pulled from under them. With the reservations, that's always a possibility.

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