Elder’s Plea to Delay AIPRA Rulemaking during Pandemic
Elder, Jolette Bird Bear (Three Affiliated Tribes of the Fort Berthold Reservation), pleaded with the Department of Interior to delay the actions taken to push through the AIPRA regulations’ updates.
During the Thursday, February 11, 2021, Public Session with the Department of Interior on the new proposed rules for the American Indian Probate Reform Act regulations, Elder Bird Bear reminded the Department of the Corona Virus pandemic effects on her reservation. She noted the seriousness of her fellow landowners having proper notice and a chance to participate before finalizing the proposed regulations.
Will the Department Listen to Our Elder?
The New York times did an article on Tribal Elders Are Dying From The Pandemic Causing a Cultural Crisis for American Indians.
Like Elder Bird Bear, we also pleaded with the government to have public hearings during the advance notice of the proposed rulemaking (ANPRM) period in 2019. Our plea was not honored. Our fears are now real. Our submitted 2019 comments are here: https://www.nativeprobate.org/blog/2019/12/30/sire-comments-to-proposed-rules/
We are now strategizing on what options Indian people have.
We have not yet analyzed the current proposed rule changes in-depth, but based on the public session and the Department’s overview on the 10 topics, it is clear that commenting is just a checkbox in the Department’s process. These regulations may move forward regardless. The Department’s list of 10 topics are here: https://www.nativeprobate.org/blog/2021/02/11/today-february-11-2021-aipra-public-session-topics/
Our immediate action is to bring a Native American woman on board to help speak to our tribal communities. We have been honored with Ms. Marisol “Mari” Lopez, named Wambli Wakita Wiyan, of the Four Feathers clan of the Lakota Nation. In response to the March 8, 2021 deadline, she is Getting Involved by helping with information outreach, Staying Informed by Joining the Discussion, and Sharing Information by drafting content for our www.NativeProbate.org Blog.
We are asking you to Join the Discussion and sign-up for our newsletter at www.NativeProbate.org.
Get Involved, Stay Informed, and Share Information. We need a united front to support our Elder’s request. Time is of the essence.
Remember:
- These new rules will give Native Americans even less due process and protection for Indian landowners. It is vital that you be involved and learn what these new regulations mean for you and your future generations.
- The complete list of proposed changes can be found here at www.FederalRegister.gov and the Department’s presentation material can be found here.
- The deadline to comment is March 8, 2021. If you are interested in being apart of the discussion about the proposed rules, please message me.
- Also, please Get Involved, Stay Informed, and Share Information by Join the Discussion at NativeProbate.org.
If you have any questions or comments, I can be reached at Roberta@IndianWillsOnWheels.org
It’s totally one of the most backward systems when it comes to our lands that were meant to be handed down from generation to generation and tribal communities are being allowed to bully many off their lands by the government that only recognizes their authority, my great grandparents have certificates to ownership yet this is not recognized or supported by Congress, who placed these lands for occupation by the Native Americans who are entitled! We even tried to Sue the Department of Interior and they won of course! Thrown out of court because our attorney decided to go after more land and included too many people and lands that were to be occupied, due to backlash by occupation of euro-descendants during the land grab and didn’t like the Dakota after the uprising, yet they were saved by our ancestors! Still affecting our people today! No probate courts in tribal communities! Wrong in so many ways! Unconstitutional!
Thank you for your courage to seek justice through the court system. You may have lost the battle but not the war. I am convinced the only way to seek justice in getting the United States Government to honor their trust responsibility to INDIVIDUAL Indian people is to have our grievances heard in court. I applaud you. Which tribe community you speak of?