Turtle Talk, the leading Indian law blog, has posted Ryan Dreveskracht's blog on the HEARTH Act, "Are Hopes for the HEARTH Act Too High?"
Of course, the HEARTH Act authorizes the Secretary to provide a tribe, upon the tribe’s request, technical assistance in developing a regulatory environmental review process. But this takes time and money. And the Secretary, given all of the BIA’s other demands, is perennially short on time when it comes to launching new initiatives such as this one. Further, Congress has shown time and time again that it is willing to pass these laws, but not to fund them; Congress should not be expected to authorize one red cent to support the HEARTH Act’s implementation.
Time will tell whether the HEARTH Act proves to be any success at all. Until then, the “Expedite” part of the HEARTH Act’s title seems a bit too optimistic.
Ryan Dreveskracht is an Associate at Galanda Broadman PLLC, of Seattle, an American Indian majority-owned law firm. His practice focuses on representing businesses and tribal governments in public affairs, energy, gaming, taxation, and general economic development. He can be reached at 206.909.3842 or firstname.lastname@example.org.