Strengthening Tribal Control Over Tribal Lands Through the Helping Expedite and Advance Responsible Tribal Homeownership (HEARTH) Act: A Guidebook for Implementing Tribal Leasing Codes Under the HEARTH Act Requirements

Abstract

Introduction: In July 2012, President Obama signed into law the Helping Expedite and Advance Responsible Tribal Homeownership Act 1 (hereinafter "HEARTH Act"). The HEARTH Act amends the Indian Long-Term Leasing Act of 19552 (hereinafter "Long-Term Leasing Act") by allowing tribes to approve leases for enumerated purposes without prior approval of the Secretary of the Interior (hereinafter "Secretary"), assuming ''the lease is executed under the tribal regulations approved by the Secretary." The passage of the HEARTH Act provides tribal governments with a valuable tool, as it allows tribal nations to more quickly and easily lease their lands which, in tum, allows for greater tribal control to promote community development and encourage economic growth in Indian Country. This Guidebook is designed to assist tribal nations who wish to implement the authority restored to them by the HEARTH Act. To understand the full scope and impact of the HEARTH Act, it is necessary to understand the background and history leading up to the passage of the HEARTH Act. Accordingly, this Guidebook first explores both the general history of leasing tribal lands and the specific history of the HEAR TH Act itself. The Guidebook then examines each section of the HERA TH Act, before turning to a discussion of the implementation process. The core of this Guidebook is found in its appendices, which provide model codes, regulations, and other templates for documents tribes will need to develop as part of implementing the HEARTH Act.