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Land Buy-Back Program: Only the Beginning

Jay Daniels
2/25/13

The Department of Interior recently completed the final tribal consultations for the implementation of the Cobell Settlement's Land Buy Back Program for Tribal Nations. Tribal Consultations were previously conducted in Billings, Montana (July 15, 2011), Minneapolis, Minnesota (August 18, 2011), Seattle, Washington (September 16, 2011), Albuquerque, New Mexico (September 27, 2011), Phoenix, Arizona (September 29, 2011), Oklahoma City, Oklahoma (October 6, 2011) and Rapid City, South Dakota (October 26, 2011), in anticipation of the Court approval of the final Cobell Settlement Agreement which became final during November, 2012.

These tribal consultation meetings were to address the continued proliferation of thousands of new trust accounts caused by the "fractionation" of land interests through succeeding generations. The Settlement established a $1.9 billion fund for the voluntary buy-back and consolidation of fractionated land interests. The land consolidation program will provide individual American Indians with an opportunity to obtain cash payments for divided land interests and free up the land for the benefit of tribal communities.

One problem with these pre-consultation meetings is tribes were not entirely aware of the Department's proposed implementation plan prior to the consultation meetings so discussion was limited without pre-consultation time to absorb and discuss possible plans with their tribal leaders and tribal members. Basically the Department was gathering comments before two appeals were decided. These costs for the ten tribal consultation meetings probably will be part of the 15% administrative costs reimbursement from the Cobell Settlement award of $1.9 billion awarded for the Land Buy Back Program.

The tribal consultation process begins. The Department will review and discuss for consideration each of the comments submitted by tribes. This process will likely take some time as thoughtful consideration to meet the needs of each tribe where possible. The Department will have to establish a Land Buy Back Program office(s) and land titles records office(s) to meet the increased workload resulting from this program.

The proposed office overhead and staffing costs most likely will be offset by the 15 percent administrative cost pool. Of course, centralizing also costs relocation, or moving, expenses for staff relocating to the new office, again offset by the 15 percent administrative cost pool. And then of course, new positions, more supervisors, more promotions increasing personnel costs offset by the 15 percent administrative cost pool. And, because the Office of the Special Trustee's Office of Appraisal Services will be an integral part of the program effort, their costs will most likely be offset by the 15 percent administrative cost pool. You can see where this is going.

One question of interest I have is "how much interest funds is the $1.9 billion earning, and, how will it be used?" No specific response was given concerning these questions. Did anyone else at any of the other tribal consultation meetings hear this type of discussion? It's important because by the time funds are paid for the actual acquisitions, there should a nice little pot of interest monies earned by the primary deposit funds in late 2012.

The Department stated that tribes will not be able to contract these costs because the Indian Land Consolidation Act does not authorize P.L. 93-638 contracting for this purpose. However, the Department has stated that cooperative agreements may be used for costs associated with the Land Buy Back Program outreach effort to solicit interest by tribal members in selling their land.

The initial implementation plan can be read here. The following post-settlement consultations for the Land Buy-Back Program for Tribal Nations have taken place since the Cobell Settlement was made final in November 2012:
Consultations
•    Minneapolis - January 31, 2013, Consultation Agenda
•    Rapid City - February 6, 2013, Consultation Agenda
•    Seattle - February 14, 2013, Consultation Agenda

In conclusion, the Land Buy Back Program really is a beneficial program and will make it easier for land management and development. Fractionation is increasing as we speak and will never cease under the current scenario. People never stop passing on to the other side. The American Indian Probate Reform Act of 2004 was meant to slow down fractionation, but there are too many areas of the Act which need to be tightened down to be completely effective. Owning ancestral lands is important to Indian folks, and truly so. It's a tie to our past and what it stands for. But, in actuality, the land is not lost in consolidation, but held by the tribe for the whole of it's members.

There is a astonishing story that a probate which, before the probate order was final, incurred an additional 5 or 6 estates or final probate order of heirs within the allotment. Once the probate actually became final, probably more than 500 new owner interests were added to the ownership of the allotment. How would you like to attempt to negotiate a lease with 500 other owners and still expect to get exactly what you want, and everybody is happy? But the Land Buy Back Program can work and be somewhat successful. But, the ten year clock has already started, and it's ticking away. This really isn't the end, it's the beginning.

Jay Daniels has 30 years of experience working in Indian Country, managing trust lands and is a member of the Cherokee Nation of Oklahoma. You can find resources and information at RoundhouseTalk.com.

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Anonymous's picture
OK, Jay I just keep on shaking my head and scratching at the same time. This thicker of a mess than you and I can put together but not hard for the Fed. Govt. to do. LOL there is so much other factors that come to play as I coin a huge Triangle of a mess and the Heirs are smack right in the middle of this triangle. And in the end did this really fit the phrase a means to an end to justify what when all that part of the settement after everything said and done in 10 yrs all that money goes back to the Fed. Govt if not spent.....because no body will sell out to the Govt. Oh, there will be a few but not as many as the Individual Indian Nations are hoping. The propaganda that is out there is scare tactics as far as I am concerned. If there is a Allotment that is divided 500 ways then it's going to an entity and should be looked at closely as opposed to a serial number that it belongs. My family is large and not in my life time or my families life time in 500 years will never grow that large. Nah no one should be afraid other than the life span of this part of the settlement has which is 10 years to consolidate and after said money not spent with interest goes back to the feds. Fraud be careful and know your rights and land tracks and knowledge is power. Stay tuned because this will be interesting to see. Lot's of protesting in the future as we protect what is ours . Oh and by the way we know who the 40 tribes are and mine is in the top 10 and just to let my tribe know because we have a binding treaty with the U.S. does not allow any action unless it is a action by the Authority of Congress. It gets stickier with us....
Anonymous
Anonymous's picture
The Tribes cannot 638 the function but through a cooperative agreement can perform the functions of the Buy Back Program. The Oglala Sioux Tribe has their plan together and will seek some of the 15% administrative fees to operate their own operations.
Anonymous
curtj's picture
Not one word of protest from the supposed Indigenous leaders about the theft of their Tribes minerals, resources and lands. Not one word of protest. No imagination from them to even contemplate bringing the colonial powers to the International Criminal Court at the Hague and especially not one thought of even bringing it to the attention of the Indigenous Peoples Forum of the United Nations. It so happens that if our so called leaders have no imaginations or thoughts of defending their peoples lands and resources with the Un or World Court, the leaders made it their careers to lose all of their peoples resources and lands, or, they are as corrupt as the ones stealing their peoples resources and lands.
curtj
Anonymous's picture
So what does this mean?
Anonymous