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

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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

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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. Marie Tribe of Chippewa Indians of Michigan entitled under the laws and Constitution of the United States, to enlighten the public TREASURER Dennis Welsh, Jr. toward a better understanding of the Indian people, to preserve Indian cultural Colorado River Indian Tribes values, and otherwise promote the health, safety and welfare of the Indian people, do

REGIONAL VICE- hereby establish and submit the following resolution; and P RESIDENTS

ALASKA Jerry Isaac WHEREAS, the National Congress of American Indians (NCAI) was Native Village of Tanacross established in 1944 and is the oldest and largest national organization of American EASTERN OKLAHOMA S. Joe Crittenden Indian and Alaska Native tribal governments; and Cherokee Nation

GREAT PLAINS Leander McDonald WHEREAS, through treaties with the United States, federal or through Spirit Lake Nation

MIDWEST Congressional actions such as those undertaken in the Indian allotment era, laws Roger Rader Pokagon band of Potawatomi mandating the allotment of Indian lands, and other U.S. takings, tribal governments

NORTHEAST have ceded or have been outright subjected to the and had taken taking of hundreds Lance Gumbs Shinnecock Indian Nation of millions of acres of tribal homelands that now comprise the United Statesto help

NORTHWEST build this Nation; and Fawn Sharp Quinault Indian Nation

PACIFIC WHEREAS, federal lands are carved out of the ancestral lands of Indian tribes, Rosemary Morillo Soboba Band of Luiseno Indians the historical and spiritual connections of Native Americans to these lands have not

ROCKY MOUNTAIN been extinguished, especially since many of these lands include the remains of our Ivan Posey Shoshone Tribe ancestors, and some of these lands include the remains of our ancestors,and Native

SOUTHEAST Americans continue to pray, hold ceremonies, and gather traditional and medicinal Ron Richardson Haliwa-Saponi Indian Tribe plants on these lands; and SOUTHERN PLAINS Stephen Smith Kiowa Tribe WHEREAS, the United States, government as trustee to tribal nations, has a SOUTHWEST Manuel Heart legal and moral obligations to protect these lands while providinge tribal members Ute Mountain Ute Tribe with access to Native Americans and to protect these traditional cultural territories in WESTERN Arlan Melendez a manner that respects for the cultural, historical, spiritual and religious importance Reno Sparks Indian Colony to Indian tribes of these lands; and

EXECUTIVE DIRECTOR Jacqueline Johnson Pata Tlingit WHEREAS, for more than ten years,over ten years Congress considered and

NCAI HEADQUARTERS rejected legislation titled the “Southeast Arizona Land Exchange and Conservation 1516 P Street, N.W. Act of 2013” (“the Land Exchange”) that proposed a mandatory conveyance of Washington, DC 20005 202.466.7767 National Forest Service lands to Resolution Copper, a private mining company 202.466.7797 fax www.ncai.org owned by the foreign mining giants Rio Tinto PLC (United Kingdom) and BHP Billiton Ltd (Australia), to conduct a massive and unprecedented block cave copper mining project; and

NCAI 2015 Midyear Resolution MSP-15-001

WHEREAS, the onto National Forest the lands to be conveyed under the Land Exchange are the ancestral homelands of the Apache, Yavapai, and other tribes in the region and include an area known as “Oak Flat” 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 WHEREAS, Oak Flat is a place filled with power, which is– a place where Native people go today for prayer, to gather medicines and ceremonial items, to seek and obtain peace and personal cleansing, and is an area to conduct ceremonies such as Holy Ground and the Apache Puberty Rite Ceremony that some refer to as the Sunrise Dance, which, 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,, and the Land Exchange circumvents federal laws that mandate the protection of Native religions and, cultures, 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 Nationstribal governments, Nativetribal organizations, and others in opposition to the Land Exchange, because the proposal will destroy the religious and cultural integrity of Oak Flat, and set a 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,, but in the face of this opposition, supporters of the Land Exchange forgced a closed-door deal to attach the Land Exchange as Section 3003, a legislative rider to the Fiscal Year 2015 National Defense Authorization Act (NDAA) under Section 3003, which and was enacted into law in December of 2014; 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 impact statement 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 Page 2 of 3

NCAI 2015 Midyear Resolution MSP-15-001

BE IT FURTHER RESOLVED that NCAI urges Congress to enact legislation to repeal the Land Exchange under, Section 3003 of the Fiscal Year 2015 National Defense Authorization Act; and,

BE IT FURTHER RESOLVED that until Congress repeals such legislation, NCAI urges the Administration to ensure that tribal concerns will be included in any environmental impact statement undertaken and that consultation with tribal nations will be upheld to the highest degree in order to protect the Oak Flat area; anmake all appropriate efforts to stop implementation of Section 3003, and ensure full transparency and 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 assessmentd . BE IT FURTHER RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by subsequent resolution.

CERTIFICATION

Brian Cladoosby, President ATTEST:

Aaron Payment, Recording Secretary

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