HEARTH Act Update

The HEARTH Act passed the House 400 to zero on May 15. Here is NCAI’s description:

The HEARTH Act (H.R. 205 and S. 703) has been favorably considered in committee in both the Senate and the House, and we urge the Administration to work with Congress to pass the legislation as soon as possible. The HEARTH Act promotes tribal self-determination in the management of tribal lands and would allow tribes to lease their own lands without the delay and bureaucracy of approval within the BIA. The legislation is also optional; each tribe would decide for itself whether or not to take advantage of the Act. Many tribes desire to manage their own lands and to promote economic development, and they are in the best position to decide for themselves whether this Act suits their needs. The Act expands the Navajo Leasing Act of 2000 (P.L. 106-568) to all federally recognized tribes.

Two Papers by Patrice Kunesh on SSRN

The Indian Child Welfare Act of 1978: Protecting Essential Tribal Interests
University of Colorado Law Review, Vol. 60, No. 131, 1989
Patrice H. Kunesh
University of South Dakota

Tribal Self-Determination in the Age of Scarcity
South Dakota Law Review, Vol. 54, No. 398, 2009
Patrice H. Kunesh
University of South Dakota