Draft Plan Retake the Black Hills, Over Time
Litigation Settlement:
I. Funds go into Land Acquisition Trust Administered by Council of Elders
II. Negotiate trade of some National Forest Land in lieu of some of the funds
III. Ensure that all lands in the Trust become Reservation Land
IV. No funds from the settlement to be used for any purpose other than Land Acquisition
Mapping Strategy:
i. Plot Entire Area
a. Show Federal Lands
b. State Lands
c. Tribal Lands
d. Sacred Sites
e. Primary Access Points (major roads into or out of area)
ii. Develop Monitoring of Real Estate Holdings and Potential Sales of Major Strategic Parcels
Land Use Strategy:
i. Reserve sacred sites for commons
ii. Determine areas reserved for nature/non-development
iii. Determine areas suitable for development
Land Leases:
1. None of the funds to be used for business ventures—all to be reserved for acquiring land under the plan
2. Land determined suitable for development to be leased to individual Tribes on a shared revenue basis, with equal treatment of all tribes involved with a tribal commitment to the planned and approved development
3. Tribes to provide funds for development and project management, and employment for their tribal members
4. Funds obtained by Trust for such land leases to be put to work acquiring more land.
Ongoing Negotiation Team:
1. Negotiate with Federal Agencies for return of land that they don’t need or are willing to give up (in some cases may involve “purchase”)
2. Negotiate with State for purchase of state lands they don’t need or want to develop or are willing to give back
3. Monitor for major land-holdings that may go up for sale (generational change, bankruptcy, etc.)
4. Look for strategic opportunities at major access point areas to provide development areas for revenue for tribes
5. Look for opportunities to create contiguity between tribal lands/reservations and new acquisitions
Guiding Principles for the Black Hills Land Trust
1. No funds of the Trust may be used for any other purpose than acquisition of land to be held by the trust
2. No land may be sold from the trust
3. The Trust must determine the eventual use of each parcel of land held by the trust—which land to be reserved for sacred sites, prayer, preserves, parks, etc versus what types of development will be allowed.
4. Land may be leased by the trust for carrying out the purpose for which that parcel of land is designated by the overall trust management plan.
5. Land may only be leased to tribes or recognized bands, not individuals.
6. Land leased to the tribes or recognized bands should be done according to the principle of a fair and equitable lease rate based on objective, pre-set standards; agreement by the band or tribe to meet the development conditions for that land, and that the band or tribe will have to make any investments in infrastructure; and act to maintain the value of the land and not allow it to be ruined or misused nor allowed to go fallow or fall into disrepair; failure to carry out the conditions within a specified time would revert the land back to the trust.
7. The Trust should be guided/ managed by a council of recognized traditional Elders to ensure both fair and equitable arrangements and care for the long-term goal and needs, not just short-term gain.
8. No land should be leased to any organization other than a recognized first nation band or tribe, nor should any band or tribe sub-let or permit non-first-nations groups, organizations, or individuals to gain effective control over the land.
9. The land cannot be pledged, mortgaged, or hypothecated by any band or tribe, nor by the Trust, but must be owned outright and in full. Any structures erected on the land pursuant to the terms of the lease arrangement will come under the control of the trust in the case of default of any conditions of the lease. Under no circumstances will the Lease or any Lease rights be transferrable, nor a condition of any lien by any lender or bank which provides funds to the band or tribe for development. While this may restrict the ability of bands/tribes to obtain bank or independent lending for projects, it will ensure that legal title to the property is at no time clouded or lost.
10. Earnings from the leases going into the trust must be used for the purpose of the trust to acquire more land.
11. In order to extend a lease to a particular available development parcel, the potential lessee(s) must submit proposals outlining the investment they will make, the type of development, in line with the development plan, that they will put there, and the job creation impact for tribal members that will accrue as a result of that development.
12. Proper legal documentation must be developed and filed to protect the rights of the Trust from any encroachments and to ensure that public notice has been provided that will prevent liens or other encumberments from coming on the land.
13. The Trust may not co-sign, nor guarantee, any borrowing by any tribe, band, or tribal group at any time; nor undertake any acts that could undermine the right, title, and interest in the land either in the short term or the long term.
14. All land held by the Trust should be considered “reservation” land subject to all the protections afforded by that status by the US government, including but not limited to sovereign nation status.
15. Trustees shall represent the different bands or tribes who are joined in the project.
16. Trustees with a close personal relationship to any party making an application to the Trust shall have to recuse themselves from any voting that occurs in the decision on that application.
17. All land purchased by the Trust shall both meet the conditions of the Trust as to its location and shall be at rates supported by market conditions. Should land be acquired from anyone having a direct connection to any trustee that trustee must recuse him or herself from the decision after making full disclosure of the relationship; and market conditions should apply both as to the feasibility and the price and terms being offered.