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Resolutions Committee Recommendation 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 Resolutions Committee Recommendation Resolution #: MSP-15-001 Title: “Support for Repeal of Section 3003 of the FY15 National Defense Authorization Act, the Southeast Arizona Land Exchange Comments: • Resolution calls for the repeal of Section 3003 of the Fiscal Year 2015 National Defense Authorization Act (FY15 NDAA), which became law in December 2014. It is only calling for repeal of Section 3003, and not the entire FY15 NDAA. • Section 3003 is the “Southeast Arizona Land Exchange”, which authorizes the conveyance of federal lands to Resolution Copper for the purposes of mining copper. The lands authorized in the conveyance include an area known as Oak Flat, a sacred place to the Apache of Arizona, and the proposed mining operations will cause irreparable harm to and surrounding the Oak Flat area. • Despite the authorizing legislation’s failure to pass for over a decade, the Southeast Arizona Land Exchange Act was added as a rider to the FY15 NDAA in December 2014 and passed shortly thereafter. • While Section 3003 of the FY15 NDAA authorized the transfer of these lands, it also mandated the U.S. Department of Agriculture to conduct an environmental impact statement and engage in government-to-government consultation with affected Indian tribes prior to such conveyance. Recommendations: • Recommend title change to, “Support for Repeal of Section 3003, the Southeast Arizona Land Exchange, in the Fiscal Year 2015 National Defense Authorization Act” • Proposed edits include the combination of some “whereas” and “be it resolved” clauses to convey issue in a concise and direct manner Sponsor a member in good standing (yes/no)?: _____ 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 #MSP-15-001 TITLE: Support for Repeal of Section 3003 of the FY15 National Defense E XECUTIVE COMMITTEE Authorization Act, the Southeast Arizona Land Exchange PRESIDENT Brian Cladoosby Swinomish Tribe WHEREAS, we, the members of the National Congress of American Indians FIRST VICE-PRESIDENT Randy Noka of the United States, 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 Dennis Welsh, Jr. Colorado River Indian Tribes 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, through treaties with the United States, federal laws mandating MIDWEST Roger Rader the allotment of Indian lands, and other U.S. takings, tribal governments ceded and Pokagon band of Potawatomi NORTHEAST had taken hundreds of millions of acres of tribal homelands to help build this Nation; Lance Gumbs Shinnecock Indian Nation and NORTHWEST WHEREAS, federal lands are carved out of the ancestral lands of Indian Fawn Sharp Quinault Indian Nation tribes, the historical and spiritual connections of Native Americans to these lands have PACIFIC not been extinguished, and some of these lands include the remains of our ancestors, Rosemary Morillo Soboba Band of Luiseno Indians Native Americans continue to pray, hold ceremonies, and gather traditional and ROCKY MOUNTAIN medicinal plants on these lands; and Ivan Posey Shoshone Tribe SOUTHEAST WHEREAS, the United States government has legal and moral obligations to Ron Richardson Haliwa-Saponi Indian Tribe provide access to Native Americans and to protect these traditional cultural territories SOUTHERN PLAINS in a manner that respects for the cultural, historical, spiritual and religious importance Stephen Smith Kiowa Tribe to Indian tribes; and SOUTHWEST Manuel Heart Ute Mountain Ute Tribe WHEREAS, for more than ten years, Congress considered and rejected WESTERN Arlan Melendez legislation titled the “Southeast Arizona Land Exchange and Conservation Act of Reno Sparks Indian Colony 2013” (“the Land Exchange”) that proposed a mandatory conveyance of National EXECUTIVE DIRECTOR Forest Service lands to Resolution Copper, a private mining company owned by the Jacqueline Johnson Pata Tlingit foreign mining giants Rio Tinto PLC (United Kingdom) and BHP Billiton Ltd NCAI HEADQUARTERS (Australia), to conduct a massive and unprecedented block cave copper mining 1516 P Street, N.W. project; and Washington, DC 20005 202.466.7767 202.466.7797 fax www.ncai.org WHEREAS, the lands to be conveyed under the Land Exchange lie within the Tonto National Forest and are known as “Oak Flat”, which are the ancestral homelands of the Apache, Yavapai, and other Tribes in the region; and NCAI 2015 Midyear Resolution MSP-15-001 WHEREAS, Oak Flat is a place filled with power – a place where Native people go today for prayer, to conduct ceremonies such as Holy Ground and the Apache Puberty Rite Ceremony that some refer to as the Sunrise Dance, which celebrates a young woman’s coming of age, to gather medicines and ceremonial items, and to seek and obtain peace and personal cleansing; and WHEREAS, Oak Flat has played an essential role in Apache religion, traditions, and culture for centuries and is a holy site and traditional cultural property with deep tribal religious, cultural, archaeological, historical and environmental significance; and WHEREAS, the Land Exchange circumvents federal laws that mandate protection of Native religion and culture and circumvents federal laws that mandate protection the environment; and WHEREAS, NCAI has passed resolutions opposing the Land Exchange and has joined hundreds of Native Nations, Native organizations and others in opposition to the Land Exchange, because the proposal will destroy the religious and cultural integrity of Oak Flat, and set dangerous precedent for all of Indian Country by conveying federal lands that encompass a known Native sacred area to a private company for mining activities; and WHEREAS, united opposition to the Land Exchange in the 114th Congress resulted in the House of Representatives Leadership pulling the bill from the House floor twice because the misguided legislation lacked votes for passage; and WHEREAS, in the face of this opposition, supporters of the Land Exchange forced a closed-door deal to attach the Land Exchange as Section 3003, a legislative rider to the FY15 National Defense Authorization Act (NDAA), which was enacted into law in December of 2014; and WHEREAS, the lack of transparency and other last-minute tactics used attach the Land Exchange to the must-pass NDAA, which funds our troops and military operations, represents the antithesis of democracy and everything that is wrong with Congress; and WHEREAS, under Section 3003, the United States Department of Agriculture (USDA) must begin implementation of the Land Exchange, which includes conducting an environmental assessment of the Land Exchange and conducting government-to-government consultation with impacted Indian tribes – but which also includes a mandatory transfer of Oak Flat to the foreign- owned mining corporation regardless of the results of the environmental assessment and tribal government consultation; and NOW THEREFORE BE IT RESOLVED that NCAI reaffirms its commitment to the protection of Native sacred and cultural sites located on federal lands; and BE IT FURTHER RESOLVED that NCAI urges Congress to enact legislation to repeal the Land Exchange, Section 3003 of the FY15 National Defense Authorization Act; and BE IT FURTHER RESOLVED that NCAI urges the Administration to make all appropriate efforts to stop implementation of Section 3003, and ensure full transparency and Page 2 of 3 NCAI 2015 Midyear Resolution MSP-15-001 information sharing to the general public of the outcomes of the ongoing environmental assessment and impacts on tribal religion and culture prior to issuing a final environmental assessment. CERTIFICATION The foregoing resolution was adopted by the General Assembly at the 2015 Midyear Session of the National Congress of American Indians, held at the St. Paul River Centre, St. Paul, MN, June 28 to July 1, 2015, with a quorum present. Brian Cladoosby, President ATTEST: Aaron Payment, Recording Secretary Page 3 of 3 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 #MSP-15-001 Edits TITLE: Support for Repeal of Section 3003, the Southeast Arizona Land Exchange, inof the Fiscal Year Y2015 National Defense Authorization Act, the Southeast Arizona Land Exchange E XECUTIVE COMMITTEE PRESIDENT Brian Cladoosby WHEREAS, we, the members of the National Congress of American Indians of Swinomish Tribe the United States, invoking the divine blessing of the Creator upon our efforts and FIRST VICE-PRESIDENT Randy Noka purposes, in order to preserve for ourselves and our descendants the inherent Narragansett Tribe sovereign rights of our Indian nations, rights secured under Indian treaties and RECORDING SECRETARY Aaron Payment agreements with the United States, and all other rights and benefits to which we are Sault Ste.
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