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  Policy and Projects  
The ILWG Policy & Projects Section highlights our activities and initiatives, which promote land reforms that have a beneficial impact on native communities. Recent policy reform initiatives include regulatory provisions for landowner access to land data; development of Tribal Land Title and Records facilities opportunities; formation of the ILWG Fee To Trust, Rights Of Way, and Estate Planning & Probate Committees; reporting on the appraisal methodology used on Indian lands; and the timely and accurate payments to landowner beneficiaries through collaboration with the Project on Government Operations.

Systemic Change: Over the past several years the ILWG has organized a series of meetings for the purpose of identifying what changes are needed in federal policy and regulations governing trust allotments. Through these meetings the "Indian Trust Estate Planning and Land Title Improvement Act" was formulated. It provides for estate planning services; access to land records, removal of real estate transaction barriers; a land acquisition program for individual landowners; and a probate code to prevent the loss of Indian land through inheritance. Portions of this proposal have been included in the ICLA amendments of 2000. (P.L. 106-462)

Training and Technical Assistance: The ILWG has developed educational videos and manuals in the areas of Estate Planning and Probate; Land Exchange & Consolidation; Leasing of Indian Land; Land Acquisition and Financing; and Land Data. In response to changes in the Indian Land Consolidation Act and the American Indian Probate Reform Act, the Indian Land Working Group (ILWG) has conducted 27 community based trainings over the past 2 years. This includes 15 meetings with tribal councils/tribal employees and landowner associations. In addition the ILWG has responded to well over 300 on-site, and approximately 400 letter/e-mail requests that have been received over the past year alone.

Representatives from the San Xavier Allottee Association (AZ), the Oklahoma Indian Land & Mineral Owners Of Associated Nations – OILMAN (OK), the Allottee Association of the Affiliated Tribes of the Quinault Reservation (WA), the Ft. Hall Landowners Alliance (ID), and the Lakota Landowners Association (SD) are some of the community based entities and locations where trainings have been conducted or individual one-on-one assistance has been given. In addition, trainings were coordinated for Tribal Councils, educational institutions, legal entities, and additional tribal communities on a per request basis.

The ILWG worked directly with the aforementioned 5 community entities, which organized community meetings at these five locations, as well as for tribal communities within their respective regions. Workshops and trainings for both individual landowners and Tribes focused on strategic land planning techniques, promoting native ideals in use and management of land resources.

Formation of ILWG Committees: The ILWG formed a fee-to-trust committee (FTT) in April 2005; an action taken during a fee-to-trust forum conducted by the ILWG in Albuquerque, NM which was attended by over 100 tribal representatives. Currently the Committee is chaired by Deb Louie, Councilperson with the Colville Confederated Tribes with Kim Yearyean serving as staff liaison.

Following the 16th Annual Indian land Consolidation symposium hosted by the Morongo Band of Mission Indians last year, the ILWG formed a Rights of Way (ROW) Committee to  address ongoing concerns related to ROW activities on both Tribal and allotted trust lands. The Committee is currently chaired by Joanna Merrick, Councilperson Nez Perce Tribe, with Karen Woodard, Morongo Band of Mission Indians, serving as Committee liaison.

Additionally the ILWG formed a S.1439 Task Force to address legislative initiatives related to probate reform. This task force has since become the ILWG Probate and Estate Planning (EP & P) Committee currently chaired by Austin Nunez, San Xavier district of the Tohono O’odham with Sally Willett as Committee staff liaison.

The Committees met the morning of November 2nd in Green Bay, WI following the 17th Annual Indian Land Consolidation Symposium to formulate positions and pass resolutions related to their respective issue areas. Additionally the committees will report on the surveys received on the fee to trust backlog, rights of way, and probate issues These surveys were sent out by the ILWG to each Tribal Chairperson in the beginning of October. We encourage all Tribes to fill out this survey and submit it to ILWG.

Some of the issues that the committees will be considering in 2008 are:

- the general backlog impacting fee to trust, rights of way and probate and legislative/regulatory changes which could remedy;

- proposed revisions to 25 CFR Part 151 for the comment period ending
March 3, 2006;

- the draft “Model Tribal Probate Code” regulations released on September 26, 2007;

- federal land transfers being planned by the Department related to Corp of Army Engineer lands;

- the need for foreclosure ordinances to loss of agricultural and home site loans;

- adoption of tribal economic development and land use codes such as those adopted by the Navajo Nation and Hoopa Nation respectively;

Training of Trainers: In August of 2001, the ILWG received funding from the Ford Foundation for support of the "Training of Trainers" project, whereby land specialists from 7 tribal communities will be trained in techniques for managing fractionated allotments. Training in estate planning options; how to access land ownership data; negotiating leases; purchasing fractionated interests; and consolidating fractionated title will be included. Once the training has been completed the land specialists will hold a series of the reservation-based workshops that will be open to all tribes, landowner associations, and intertribal organizations who want training on these topics.

Land Use Education Project: The ILWG has joined with the Tuskegee University (AL) and the Land Tenure Center of the University of Wisconsin to establish a land security program. This effort is funded by the USDA/Fund for Rural America. Under the "Land Use Education Project" the ILWG is developing training materials that focus on turning fractionated allotments of trust land into viable economic units of land. Tools such as cooperatives, family trusts, and lease councils for administering allotments, will be used.

Socio-Cultural Preservation Project: Landowners from The San Xavier District of the Tohono O'odham Nation are being trained on how to document and assess on-going land loss prevention and recovery efforts. This includes learning how to research land title records and conducting oral history interviews. The ILWG is seeking funds for replication of this project at other sites. This project is also a part of the land security program sponsored by the Tuskegee Institute.

Click on document links below to download full PDF.
ILWG Resolution on Administration of Allotments
ILWG Resolution: Recommendations to Remedy Land Loss and Fee to Trust Backlog
Widdos Appraisal Report This report details how the United States Department of the Interior, plans to "devalue" Indian owned land if the land is owned by multiple owners. This appraisal methodology conflicts with the federal standard "USPAP" or "Uniform Standard for Professional Appraisal Practice" which today stands as a standard - level - or bar, by which all other federal and non-federal lands are appraised. Once again, this Administration and in particular Ross Swimmer, as Special Trustee, responsible for reforming the trust standard and bringing this standard into compliance with generally accepted standards, has chosen to apply a lesser standard to the valuation of Indian land. This devaluation also opens the way for energy and utility companies to negotiate or renew rights of way rates at a lower value. If lands in multiple ownership are worth "0" if the share is less than 20% of an allotment, then how could Tribes and individuals negotiate a right of way at the market rate!
Widdoss Appraisal Graph This graph exposes in visual format, how Indian land ownership interests that are less than 20 percent of a whole tract of land - for 160 acres this means a 32 acre share; for an 80 acre tract this means a 16 acre share; for a 40 acre tract this means an 8 acre share - are worth "0" dollars. Now consider that the home site requirement at Lummi Nation is 8,000. square feet and this amount of land is highly valued for these purposes. And remember a "working oil interest" in the non-Indian world is a 2% share in the land.  The Widdoss Appraisal methodology is corrupt and must be stopped.
Widdoss Appraisal Analysis This analysis was formulated by a certified appraiser who's name will not be mentioned for fear of certain retaliation. The analysis completely exposes the double standard applied to Tribes and individual Indian lands when it comes to valuation of land and resources.
"Indians Don't Know Jack" A must read! Jack Abramoff, the infamous lobbyist who ripped off tribes for multi- millions, got access to Gale Norton through now indicted Tom "the Hammer" Delay. Steven Griles, Norton's second banana, a former lobbyist himself, was openly dubbed "our guy" by kick back king, Michael Scanlon, Abramhoff's cohort in crime. Among the strangest and ethically challenged aspects of the Abramoff scandal was the deployment of tribal gaming money to pay Christian conservative activist, Ralph Reed, a Bush political advisor and gaming opponent, to work against certain tribal gaming. "Casino Jack" as Abramoff had come to be known, was "a longtime friend of Reed". Reed clearly had issues. Reed however wanted to pretend not to be taking gaming money so "he and Abramoff arranged to have millions of dollars laundered through a series of non-profits." A strategy similar to that which ultimately triggered the downfall of Delay
Market Economy – They Only Mean Market Economy and Free Markets for Them This article explores the recent attempts by industry interests to "standardize" rights of way negotiations with Tribes. That is a gentle and sanitized expression for what they actually seek. "Companies such as El Paso Natural Gas, want the same old rip off of Indian resources that it and its kind have pulled off since Europeans first laid siege to North America". In it's report to Congress, the Interior and Energy Departments listed options/solutions such as: reaffirming/clarifying the existing statutory mandate that tribal consent is required for a right-of-way taking; Congress determining fair compensation; Congress resolving any impasse; and creating condemnation authority for tribal lands where none exist now. Tribal approval authority must be upheld.
Native Strategic Land Planning Workbook Presentation This presentation was given by Theresa Carmody, ILWG Director, at the "Navajo Nation Economic Summit & Business Trade Fair" held in June 2006. The presentation includes a number of excerpts from the ILWG "Native Strategic Land Planning" workbook. The workbook training process informs Tribes and individuals about the options for consolidation, use and management of allotted lands with special focus on the changes within the Indian Land Consolidation Amendments of 2000 and the American Indian Probate Reform Act of 2004. Check this websites "Videos & Publications" to order or to schedule an ILWG Native Strategic Land Planning" training.
Restoring Trust Status, By Dore Bietz A chronology of the events leading up to the current fee-to-trust backlog, including: NCAI Land Recovery Task Force efforts and OST To-Be Re-engineering which removed the fee-into-trust function from a non-discretionary to a discretionary trust function.