N A T I O N A L C O N G R E S S O F A M E R I C A N I N D I A N S 

The National Congress of American Indians Resolution #SD-15-044

TITLE: To Urge the U.S. Congress to Enact H.R. 3137 and S. 1931 Federal E XECUTIVE COMMITTEE Legislation to Reaffirm Tribal Government Trust Lands PRESIDENT Brian Cladoosby Swinomish WHEREAS, we, the members of the National Congress of American Indians FIRST VICE-PRESIDENT Randy Noka of the , invoking the divine blessing of the Creator upon our efforts and Narragansett Tribe purposes, in order to preserve for ourselves and our descendants the inherent sovereign RECORDING SECRETARY Aaron Payment rights of our Indian nations, rights secured under Indian treaties and agreements with Sault Ste. Marie Tribe of Chippewa Indians of Michigan the United States, and all other rights and benefits to which we are entitled under the

TREASURER laws and Constitution of the United States, to enlighten the public toward a better Arlan Melendez Reno Sparks Indian Colony understanding of the Indian people, to preserve Indian cultural values, and otherwise

REGIONAL VICE- promote the health, safety and welfare of the Indian people, do hereby establish and P RESIDENTS submit the following resolution; and ALASKA Jerry Isaac Native Village of Tanacross WHEREAS, the National Congress of American Indians (NCAI) was EASTERN OKLAHOMA S. Joe Crittenden established in 1944 and is the oldest and largest national organization of American Cherokee Nation Indian and Alaska Native tribal governments; and GREAT PLAINS Leander McDonald Spirit Lake Nation WHEREAS, Indian Tribes are sovereigns that pre-date the United States, with MIDWEST Roger Rader prior and treaty protected rights to self-government and to our Indian lands; and Pokagon band of Potawatomi

NORTHEAST Lance Gumbs Shinnecock Indian Nation WHEREAS, the Constitution of the United States, through the Treaty, th NORTHWEST Commerce, and Apportionment Clauses and the 14 Amendment, recognizes the Fawn Sharp Quinault Indian Nation sovereign status of Indian Tribes as Native nations established prior to the United

PACIFIC States; and Rosemary Morillo Soboba Band of Luiseno Indians

ROCKY MOUNTAIN WHEREAS, before the United States, Indian nations were independent Ivan Posey Tribe sovereigns with complete authority over our lands and our citizens; and

SOUTHEAST Ron Richardson Haliwa-Saponi Indian Tribe WHEREAS, before the formation of the United States, Indian nations were

SOUTHERN PLAINS independent sovereign nations and it is the policy of the United States to support self- Stephen Smith Kiowa Tribe determination, self-governance, and self-sufficiency as set forth in the Indian Self- SOUTHWEST Manuel Heart Determination Act of 1975 as amended, the Self-Governance Act, and other federal Ute Mountain Ute Tribe laws; and WESTERN Len George Fallon Paiute Shoshone Tribe WHEREAS, the United States government has legal and moral responsibilities

EXECUTIVE DIRECTOR to manage traditional cultural territories, on and off-reservation trust lands, in a way Jacqueline Johnson Pata Tlingit that respects areas that hold cultural and historical importance to tribes; and

NCAI HEADQUARTERS 1516 P Street, N.W. WHEREAS, Indian lands are the original territories of Indian tribes. From the Washington, DC 20005 202.466.7767 colonial era, private persons were not permitted to acquire Indian lands without the 202.466.7797 fax www.ncai.org consent of the sovereign, and the United States adopted this legal doctrine in the Indian Non-Intercourse Act when the American Republic was founded, and

 NCAI 2015 Annual Resolution SD-15-XXX

WHEREAS, in 2012, the U.S. Supreme Court handed down the Match-E-Be- Nash-She-Wish Band of Pottawatomi (Gun Lake) v. Patchak decision, which allows individuals to retroactively challenge the status of Indian lands placed into trust for the benefit of tribal governments; and

WHEREAS, in January 2014, a 3-judge panel of the U.S. Court of Appeals for the Ninth Circuit, which includes the states of California, Washington, Oregon, Idaho, Montana, , Arizona, and Alaska, in v. California, opened for question the status of Indian lands placed in trust over 20 years ago, essentially removing a time limit on bringing challenges to Indian trust lands; and

WHEREAS, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit in Big Lagoon Rancheria v. California overturned the 3-judge panel but this question has been litigated and is being litigated in other courts, including the 11th Circuit Court of Appeals; and

WHEREAS, these decisions challenging lands taken into trust violate 240 years of Federal law and policy to protect the quiet title to Indian lands; and

WHEREAS, Congress recognized the importance of restoring certainty to current tribal trust land holdings by passing the Gun Lake Trust Land Reaffirmation Act, P.L. 113-179; and

WHEREAS, in December 2010, the United States recognized the rights of First Peoples through its support of the United Nations Declaration on the Rights of (UNDRIP), whose provisions and principles support and promote the purposes of this resolution; and

WHEREAS, piecemeal legislation to protect the existing trust lands of individual tribal governments will cost unnecessary tribal government resources and U.S. taxpayer resources and result in the inconsistent protection of tribal trust lands; and

WHEREAS, without legislation protecting all tribal government trust lands, further mushrooming litigation in the federal and state courts will continue to threaten existing tribal trust lands throughout Indian Country and could result in additional U.S. Supreme Court precedent adversely impacting Indian lands and tribal sovereignty;

NOW THEREFORE BE IT FURTHER RESOLVED, that the member Tribes of NCAI call upon Congress to enact H.R. 3137 and/or S. 1931 to protect and reaffirm current trust lands for all federally recognized Indian Tribes in fulfillment of Congress’ intent through enactment of the Indian Reorganization Act; and

BE IT FURTHER RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by a subsequent resolution.

CERTIFICATION

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NCAI 2015 Annual Resolution SD-15-XXX

The foregoing resolution was adopted by the General Assembly at the 2015 Annual Session of the National Congress of American Indians, held at the Town and Country Resort, San Diego, CA, October 18-24, 2015, with a quorum present.

Brian Cladoosby, President ATTEST:

Aaron Payment, Recording Secretary

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