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 #WAS-04-004

TITLE: Opposing the Transfer of the Black Hills and Resources Away from the Great Sioux Nation and its Members

EXECUTIVE COMMITTEE WHEREAS, we, the members of the National Congress of American Indians

PRESIDENT of the United States, invoking the divine blessing of the Creator upon our efforts and Tex G. Hall Mandan, Hidatsa, and Arikara Nation purposes, in order to preserve for ourselves and our descendants the inherent

FIRST VICE-PRESIDENT sovereign rights of our Indian nations, rights secured under Indian treaties and Joe A. Garcia Ohkay Owingeh agreements with the United States, and all other rights and benefits to which we are (Pueblo of San Juan) entitled under the laws and Constitution of the United States, to enlighten the public RECORDING SECRETARY Juana Majel toward a better understanding of the Indian people, to preserve Indian cultural values, Pauma-Yuima Band of Mission Indians

TREASURER and otherwise promote the health, safety and welfare of the Indian people, do hereby W. Ron Allen establish and submit the following resolution; and Jamestown S’Klallam Tribe

REGIONAL V ICE-PRESIDENTS WHEREAS, the National Congress of American Indians (NCAI) was ALASKA Edward K. Thomas established in 1944 and is the oldest and largest national organization of American Tlingit and Haida Tribes Indian and Alaska Native tribal governments; and EASTERN OKLAHOMA Jefferson Keel Chickasaw Nation WHEREAS, the National Congress of American Indians supports the historic GREAT PLAINS Harold Frazier objection to the illegal taking of the sacred He Sapa, popularly referred to as the Black Cheyenne River Sioux Tribe Hills, and which the Great Sioux Nation reserved unto itself in the 1851 and 1868 MIDWEST Norman Adams, Jr. Treaties of Ft. Laramie with the U. S. government; and Bois Forte Band of Chippewa Indians

NORTHEAST Kevin Seneca WHEREAS, the sacred Black Hills and other lands of the Great Sioux Nation Seneca Nation were taken following the “sell or starve policy” of the United States, and were NORTHWEST Ernie Stensgar illegally taken pursuant to an Act of the U.S. Congress in February 1877; and Coeur d’Alene Tribe

PACIFIC Leslie Lohse Paskenta Band of Nomlaki Indians WHEREAS, the Great Sioux Nation Tribes sued the United States in the U.S.

ROCKY MOUNTAIN Court of Claims, and on appeal the U.S. Supreme Court stated: “The Court also Geri Small Northern Cheyenne Tribe remarked upon President Grant’s duplicity in breaching the government’s Treaty

SOUTHEAST obligations to keep trespassers out of the Black Hills, and the pattern of duress Eddie Tullis Poarch Band of Creek Indians practiced by the government on the starving Sioux to get them to agree to the sale of

SOUTHERN PLAINS the Black Hills. The court concluded a more ripe and rank case of dishonorable Zach Pahmahmie Prairie Band Potawatomi Nation dealings will never in all probability be found in our history…”, U.S. v. Sioux Nation

SOUTHWEST 100 S. Ct. 2716, 2727, 448 U.S. 356, 388 (1980); and John F. Gonzales San Ildefonso Pueblo

WESTERN WHEREAS, the National Congress of American Indians supports the Arlan Melendez Reno-Sparks Indian Colony Cheyenne River Sioux Tribe, Rosebud Sioux Tribe and other member Tribes of the

Great Sioux Nation whom continue to object to the illegal taking of the sacred Black EXECUTIVE DIRECTOR Jacqueline Johnson Hills, and continue to oppose any transfer of land or resources away from the Great Tlingit

Sioux Nation and its members; and NCAI HEADQUARTERS 1301 Connecticut Avenue, NW Suite 200 Washington, DC 20036 202.466.7767 202.466.7797 fax www.ncai.org

NCAI Winter Session Resolution #WAS-04-004

WHEREAS, the State of South Dakota recently passed legislation transferring a portion of the Homestake Gold Mine through Senate Bill 200, an Act to Provide Certain Provisions Relating to the Transfer of a Portion of the Former Homestake Mine to the newly created Science and Technology Authority, to Make Appropriations for Certain Costs Associated With Maintaining The Mine, and to Declare An Emergency; and

WHEREAS, South Dakota Senate Bill 200 dedicates up to $30.8 million dollars of funds toward conveyance and conversion of the former Homestake Gold Mine into an underground scientific research laboratory; and

WHEREAS, the Tribes have not been invited to discussions about the future of the former Homestake Gold Mine or its “conveyance” to the State of South Dakota; and

WHEREAS, the three (3) Lakota members of the State House of Representatives voted against SB 200 based on the Great Sioux Nation’s claim to the sacred Black Hills, which were guaranteed by the United States Government in the Fort Laramie Treaties of 1851 and 1868.

NOW, THEREFORE BE IT RESOLVED, that the National Congress of American Indians supports the Cheyenne River Sioux Tribe, Rosebud Sioux Tribe and other member Tribes of the Great Sioux Nation with their continued objection to the illegal taking of the sacred Black Hills, and continue to oppose any transfer of land or resources away from the Great Sioux Nation and its members.

BE IT FURTHER RESOLVED, that the Great Sioux Nation Tribes shall be included in any and all discussions pertaining to the former Homestake Gold Mine and this shall not affect the rights of the Great Sioux Nation pursuant to the 1851 and 1868 of Ft. Laramie.

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

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CERTIFICATION

The foregoing resolution was adopted at the Winter Session of the National Congress of American Indians, held at the Wyndham Washington, D.C. on February 25, 2004 with a quorum present.

______President

ATTEST:

______Recording Secretary

Adopted by the Executive Council during the Winter Session of the National Congress of American Indians, held at the Wyndham Washington, D.C. from February 23-25, 2004 .

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