TITLE: Requesting President Obama to Issue a Policy Statement and Special Message to Congress on Native Nations and to Establish a Native Nations Policy Council
WHEREAS, we, the members of the National Congress of American Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do hereby establish and submit the following resolution; and
WHEREAS, the National Congress of American Indians (NCAI) was established in 1944 and is the oldest and largest national organization of American Indian and Alaska Native tribal governments; and
WHEREAS, before the establishment of the United States, Indian nations were independent sovereigns with complete authority over our lands and our citizens;
WHEREAS, the Constitution of the United States, through the Treaty, Commerce, and Apportionment Clauses and the 14th Amendment, recognizes the sovereign status of Indian Tribes as Native nations established prior to the United States; and
WHEREAS, President Obama has pledged to promote Indian sovereignty, uphold government-to-government relations, and honor tribal self-government; and
WHEREAS, in his first term President Obama worked to fulfill those pledges by holding annual government-to-government meetings at the White House, issuing a Presidential Memorandum on consultation, settling the Cobell, Keepseagle and tribal government trust fund litigation, supporting passage of the Indian Health Care Improvement Act, the Tribal Law & Order Act, and the Violence Against Women Act, supporting the U.N. Declaration on the Rights of Indigenous Peoples, and many other initiatives; and
WHEREAS, every President since Lyndon Johnson has reaffirmed the nation-to-nation relationship with Indian tribes; and
WHEREAS, the “Statements of Policy” and “Special Messages to Congress” issued by past Presidents have been invaluable tools for guiding Congress, executive branch officials, subsequent presidential Administrations, and the courts as they address tribal policy matters; and
WHEREAS, President Obama has an important opportunity to build upon the historic accomplishments of his Administration and shape the government-to-government relationship with Indian tribes long after his term has ended;
NOW THEREFORE BE IT RESOLVED that the National Congress of American Indians calls upon President Obama to issue a Native Nations Policy Statement setting forth the following:
• the status of Indian tribes as Native Nations endowed with sovereign authority over our citizens and our territory;
• the Constitution’s recognition of Indian sovereignty and the bi-lateral government-to-government relationship between the United States and Indian tribes;
• a policy directive to all Departments and Agencies to respect and adhere to Indian treaties; to respect and defer to Indian sovereignty; and to deal with Indian tribes based upon mutual respect and mutual consent;
• a policy directive to all Departments and Agencies reaffirming the United States’ trust responsibility to Indian tribes, Indian lands, and Indian people;
• a policy directive to all Departments and Agencies to adhere to the fundamental principles of respect for indigenous rights set forth in the U.N. Declaration; and
BE IT FURTHER RESOLVED that the National Congress of American Indians calls upon President Obama to issue a Special Message to Congress calling for Congress to:
• codify the principles set forth in the above-referenced Native Nations Policy in Title 5 of the United States Code to guide Federal agencies in their work with Indian tribes; and
• enact legislation that provides Indian tribes with the tools necessary for our communities to thrive and recognizes the unique cultures, traditional values and governance structures of Indian tribes; and
BE IT FURTHER RESOLVED, that the National Congress of American Indians expresses its strong support to President Obama for his Executive Order establishing the White House Council on Native American Affairs and its commitment to honor treaties and recognize tribes’ inherent sovereignty and right to self-government under U.S. law, and to foster interagency cooperation to meet the federal trust responsibility; and
BE IT FURTHER RESOLVED, that the National Congress of American Indians staff is requested to develop a document for submission to the White House that further examines the potential of a Presidential Policy Statement, Special Message to Congress, and Council to address persistent issues impacting tribal communities and makes specific policy recommendations including:
• REAFFIRM TRIBAL LAW ENFORCEMENT AUTHORITY over all crimes on Indian lands;
• REAFFIRM TRIBAL GOVERNMENT TAX STATUS to restore tribal government authority to generate revenue to provide for the needs of tribal citizens, to stop the intrusion of the IRS on tribal self-government; to restore governmental tax-exempt financing authority, and to pre-empt state tax laws on Indian people, Indian property, and Indian lands;
• REAUTHORIZE INDIAN PROGRAMS where necessary, including Education, Energy, and Housing; streamline administration of programs available to tribal governments; and expand our contracting opportunities for tribal governments to perform Federal functions and programs;
• REVITALIZE INDIAN ECONOMIES by creating free enterprise and commerce zones on Indian lands; creating new job training programs and economic development grants; and facilitating competitive bank lending and finance on Indian lands; and
• FUND essential services for Indian Country such as health care, housing, education, and law enforcement;
• RESTORE tribal land bases by providing funds for land acquisition and access to federal lands transfers.
BE IT FURTHER RESOLVED, that the National Congress of American Indians calls upon the other national Indian policy organizations to advocate with the Obama Administration to undertake the above referenced initiatives; and
BE IT FURTHER RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by subsequent resolution.