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 #DEN-07-049

TITLE: Support for the Seneca Nation of Indians' Tribal Law Regulating Retail Sales on Indian Lands

WHEREAS, we, the members of the National Congress of American Indians E X ECUT IV E C OMMITTEE of the United States, invoking the divine blessing of the Creator upon our efforts and PRESIDENT Joe A. Garcia purposes, in order to preserve for ourselves and our descendants the inherent Ohkay Owingeh (Pueblo of San Juan) sovereign rights of our Indian nations, rights secured under Indian treaties and

FIRST VICE-PRESIDENT agreements with the United States, and all other rights and benefits to which we are Jefferson Keel Chickasaw Nation entitled under the laws and Constitution of the United States, to enlighten the public

RECORDING SECRETARY toward a better understanding of the Indian people, to preserve Indian cultural values, W. Ron Allen Jamestown S’Klallam Tribe and otherwise promote the health, safety and welfare of the Indian people, do hereby

TREASURER establish and submit the following resolution; and gaiaishkibos Lac Courte Oreilles Band of Chippewa Indians WHEREAS, the National Congress of American Indians (NCAI) was R E G IO NAL V ICE - P RESIDENTS established in 1944 and is the oldest and largest national organization of American

ALASKA Indian and Alaska Native tribal governments; and Mike Williams Akiak Native Community

EASTERN OKLAHOMA Joe Grayson, Jr. WHEREAS, the Seneca Nation of Indians has the right to govern itself, free Cherokee Nation of all interference by the State of New York government, enshrined in a treaty GREAT PLAINS Ron His Horse is Thunder guarantee that the U.S. will never permit anyone to "disturb the Seneca Nation . . . in Standing Rock Sioux Tribe the free use and enjoyment of its lands"; and MIDWEST Robert Chicks Stockbridge-Munsee WHEREAS, the Seneca Nation's sovereign right of self-government, NORTHEAST Randy Noka affirmed in its treaties with the United States, is now threatened by several bills Narragansett pending in the U.S. Congress which would override the Seneca Nation's tribal NORTHWEST Ernie Stensgar sovereignty; and Coeur d’Alene Tribe

PACIFIC Juana Majel WHEREAS, the Seneca Nation has traditionally and routinely enacted tribal Pauma-Yuima Band of Mission Indians laws to control all activity within its Territories, including its Seneca Nation Import- ROCKY MOUNTAIN Willie Sharp, Jr. Export Law, a comprehensive revenue and regulatory law governing the sale of Blackfeet Tribe and other retail products within its Territories; and SOUTHEAST Archie Lynch Haliwa-Saponi Tribe WHEREAS, the Seneca Nation has worked in cooperation with the federal SOUTHERN PLAINS Darrell Flying Man Bureau of Alcohol, Tobacco, Firearms and Explosives ("BATFE") in enforcement Cheyenne-Arapaho Tribe efforts related to tobacco sales within Seneca Nation Territories; and SOUTHWEST Derek Valdo Pueblo of Acoma WHEREAS, legislation pending in the U.S. Congress, such as S. 625 (Family WESTERN Alvin Moyle Prevention and Act), H.R. 1108 (Family Smoking Fallon Paiute Shoshone Tribe Prevention and Tobacco Control Act), S. 1027 (Prevent All Trafficking

Act); and H.R. 2932 (barring tobacco products from the U.S. Mails), contain EXECUTIVE DIRECTOR Jacqueline Johnson provisions empowering the State of New York to enforce federal law within Seneca Tlingit

Nation Territory and otherwise threatens to override the Seneca Nation's Import- NCAI HEADQUARTERS Export Law and thereby attack the unique sovereign status of the Seneca Nation and 1301 Connecticut Avenue, NW Suite 200 Washington, DC 20036 202.466.7767 202.466.7797 fax www.ncai.org NCAI 2005 Annual Session Resolution DEN-07-049

its ability to regulate commerce within Seneca Territory without interference by the State of New York; and

WHEREAS, the Seneca Nation is petitioning the U.S. Congress to adopt amendments to the foregoing legislation to ensure that the federal government takes no action to empower the State of New York in its efforts to override the Seneca Nation's sovereign authority to govern its own Territory.

NOW THEREFORE BE IT RESOLVED, that the NCAI does hereby affirm its support of the Seneca Nation in seeking amendments to S. 625 (Family Smoking Prevention and Tobacco Control Act), H.R. 1108 (Family Smoking Prevention and Tobacco Control Act), S. 1027 (Prevent All Cigarette Trafficking Act), H.R. 2932 (barring tobacco products from the U.S. Mails), and related legislation, in order to protect economic development within Seneca Territory, to provide a better life for the citizens of the Seneca Nation, and to preserve the treaty-protected sovereign authority of the Seneca Nation of Indians to govern itself, its lands, and its people; and

BE IT FURTHER RESOLVED, that this resolution shall be the policy of NCAI until the aforementioned bills are amended by the U.S. Congress to the satisfaction of the Seneca Nation of Indians.

CERTIFICATION

The foregoing resolution was adopted by the General Assembly at the 2007 Annual Session of the National Congress of American Indians, held at the Hyatt Regency Denver at the Colorado Convention Center in Denver, Colorado on November 11-16, 2007, with a quorum present.

President ATTEST:

Recording Secretary

Page 2 of 2