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 #ABQ-10-031

TITLE: Requesting the Federal Trustee Assist the Ysleta Del Sur Pueblo in Its Efforts to Secure Its Sovereign Right to Engage in Economic Development Including Gaming

E XECUTIVE C OMMITTEE 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 Jefferson Keel Chickasaw Nation purposes, in order to preserve for ourselves and our descendants the inherent sovereign

FIRST VICE-PRESIDENT rights of our Indian nations, rights secured under Indian treaties and agreements with Juana Majel Dixon Pauma Band – Mission Ind i a n s the United States, and all other rights and benefits to which we are entitled under the

RECORDING SECRETARY laws and Constitution of the United States, to enlighten the public toward a better Matthew Wesaw Pokagon Band of Potawatomie understanding of the Indian people, to preserve Indian cultural values, and otherwise

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

ALASKA William Martin WHEREAS, the National Congress of American Indians (NCAI) was Central Council Tlingit & Haida established in 1944 and is the oldest and largest national organization of American EASTERN OKLAHOMA Cara Cowan Watts Indian and Alaska Native tribal governments; and Cherokee Nation

GREAT PLAINS Patricia "Patti" Douville WHEREAS, the All Indian Pueblo Council (AIPC) is comprised of 19 Rosebud Sioux Tribe Sovereign Pueblos within the State of New Mexico, (Acoma, Cochiti, Isleta, Jemez, MIDWEST Marge Anderson Kewa, Laguna, Nambe, Ohkay Owingeh, Picuris, Pojoaque, San Felipe, San M i l l e L a c s Ba n d o f Oj i b w e Ildefonso, Sandia, Santa Ana, Santa Clara, Taos, Tesuque, Zia, and Zuni) and 1 NORTHEAST Lance Gumbs Sovereign Pueblo in the State of Texas (Ysleta Del Sur); each possessing inherent Shinnecock Indian Nation government authority and sovereignty over their lands; and NORTHWEST Brian Cladoosby Swinomish Tribal Community WHEREAS, the All Indian Pueblos Council passed a resolution with same PACIFIC Don Arnold title as above to advocate and support our sister Pueblo; Ysleta del Sur in their strive Scotts Valley Band of Pomo In d i a n s for social and economic advancement and to protect their common interests; and ROCKY MOUNTAIN Scott Russell Crow Tribe WHEREAS, the federal government has a government to government SOUTHEAST Larry Townsend relationship with our sister pueblo, the Ysleta del Sur Pueblo, as confirmed in the Lumbee Tribe Restoration Act, 25 U.S.C. §§ 1300g to 1300g-7; and SOUTHERN PLAINS Robert Tippeconnic Comanche Nation

SOUTHWEST WHEREAS, in the Restoration Act Congress confirmed the right of the Joe Garcia Ysleta del Sur Pueblo to engage in gaming; and Ohkay Owingeh

WESTERN Irene Cuch Ute Indian Tribe WHEREAS, in the Restoration Act, Congress specifically prohibited the

State of Texas from exercising any criminal or civil regulatory jurisdiction over EXECUTIVE DIRECTOR Jacqueline Johnson Pata gaming on the Ysleta del Sur Pueblo; and T l i n g i t

NCAI HEADQUARTERS WHEREAS, one year after passage of the Restoration Act Congress passed 1516 P Street, N.W. Washington, DC 20005 the Indian Gaming Regulatory Act; and 202.466.7767 202.466.7797 fax www.ncai.org

NCAI 2010 Annual Session Resolution ABQ -10-031

WHEREAS, Congress confirmed its findings in 25 U.S.C. § 2701 of IGRA, including that existing Federal law does not provide clear standards or regulations for the conduct of gaming on Indian lands; a principal goal of Federal Indian policy is to promote tribal economic development, tribal self-sufficiency, and strong tribal government; and Indian tribes have the exclusive right to regulate gaming activity on Indian lands if the gaming activity is not specifically prohibited by Federal law and is conducted within a State which does not, as a matter of criminal law and public policy, prohibit such gaming activity; and

WHEREAS, Congress declared its policy in 25 U.S.C. § 2702 of IGRA to include provision of a statutory basis for the operation of gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments; provision of a statutory basis for the regulation of gaming by an Indian tribe adequate to shield it from organized crime and other corrupting influences, to ensure that the Indian tribe is the primary beneficiary of the gaming operation, and to assure that gaming is conducted fairly and honestly by both the operator and players; and Congressional declaration that the establishment of independent Federal regulatory authority for gaming on Indian lands, the establishment of Federal standards for gaming on Indian lands, and the establishment of a National Indian Gaming Commission are necessary to meet congressional concerns regarding gaming and to protect such gaming as a means of generating tribal revenue; and

WHEREAS, contrary to popular perception, IGRA did not expand the power of tribal governments; in fact, it curtailed them by giving state governments unprecedented authority over tribal gaming activities; and

WHEREAS, IGRA provides comprehensive regulation of all Indian gaming in a manner not duplicated or addressed in the Restoration Act; and

WHEREAS, given Congress’ specific statement in 25 USCS § 1300g-6(b) of the Restoration Act that the State of Texas has no criminal or civil regulatory jurisdiction over gaming activities of the Ysleta del Sur Pueblo, failure to read IGRA and the Restoration Act as complimentary would leave the Ysleta del Sur Pueblo with sole regulatory oversight of its gaming activities, a result not intended by Congress; and

WHEREAS, IGRA and the Restoration Act must be read together, and not in a way that removes the Ysleta del Sur Pueblo from the protections and requirements of IGRA; and

WHEREAS, the National Indian Gaming Commission has failed to meet its trust obligations to the Ysleta del Sur Pueblo and indeed has resisted through litigation its statutory obligations to the Ysleta del Sur Pueblo under IGRA; and

WHEREAS, the federal courts have refused to enforce Congress statement in 25 USCS § 1300g-6(b) that Texas has no jurisdiction over gaming activities on the Ysleta del Sur Pueblo, and instead have ordered the Ysleta del Sur Pueblo to allow state agents to enter the federal enclave of their Reservation for purposes of regulation and enforcing federal law; and

WHEREAS, the Ysleta del Sur Pueblo has suffered significant and irreparable harm as a result of the federal trustees refusal to assist the Pueblo and enforce its sovereign rights and the protections of the Restoration Act.

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NOW THEREFORE BE IT RESOLVED, that the NCAI supports the All Indian Pueblo Council to help the Ysleta del Sur Pueblo's efforts to secure its sovereign right to engage in gaming under IGRA and the Restoration Act; and

BE IT FURTHER RESOLVED, the NCAI urges all federal agencies to support and work with the Ysleta del Sur Pueblo to allow it to engage in gaming under IGRA and the Restoration Act; and

BE IT FURTHER RESOLVED, the NCAI requests the assistance of New Mexico’s and Texas’ United States Senators and Congressional Representatives to help the NM sister Pueblo in Texas secure its sovereign right to engage in gaming under IGRA and the Restoration Act; and

BE IT FURTHER RESOLVED, NCAI does hereby advocate for federal support of the Ysleta del Sur Pueblo to guarantee its sovereign rights including those not taken under the Restoration Act; and

BE IT FURTHER RESOLVED, the officers of the NCAI are expressly requested to take any and all steps necessary to effectuate the intent of this resolution; and

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

CERTIFICATION

The foregoing resolution was adopted by the General Assembly at the 2010 Annual Convention of the National Congress of American Indians, held at the Albuquerque Convention Center in Albuquerque, NM on November 14-19, 2010, with a quorum present.

President ATTEST:

Recording Secretary

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