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    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

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    Van_Stippen_Bryan_J.pdf
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    Description:
    Dissertation
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    Author
    Van Stippen, Bryan J.
    Issue Date
    2014
    Keywords
    United States, HEARTH Act of 2012
    Indians of North America -- Land tenure
    Navajo Indians -- Legal status, laws, etc.
    Leases -- United States
    Federal-Indian trust relationship
    
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    Rights
    Copyright © is held by the author. Digital access to this material is made possible by the James E. Rogers College of Law and the University Libraries, University of Arizona. Further transmission, reproduction, presentation (such as public display or performance) of protected items is prohibited except with permission of the author.
    Collection Information
    This item is part of the IPLP Dissertations collection. For more information about the collection or the program, please contact Justin Boro, UA College of Law, justinboro1986@email.arizona.edu.
    Publisher
    The University of Arizona.
    URI
    http://hdl.handle.net/10150/631501
    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.
    Type
    text
    Dissertation-Reproduction (electronic)
    Language
    en_US
    Collections
    IPLP Dissertations

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