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-07-077 TITLE: Opposition and THPO/Tribal Government Consultation re: Railroad, Coal Bed Methane Mining Projects WHEREAS, we, the members of the National Congress of American Indians E XE CU T 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 gaiashkibos Lac Court Oreilles Band of Lake Superior Chippewa Indians WHEREAS, the National Congress of American Indians (NCAI) was RE G ION A L V ICE -PRESIDENTS established in 1944 and is the oldest and largest national organization of American ALASKA Mike Williams Indian and Alaska Native tribal governments; and Akiak Native Community EASTERN OKLAHOMA Joe Grayson, Jr. WHEREAS, the Rosebud Sioux Tribe, a federally recognized Indian Tribe, is Cherokee Nation a successor to the Brule Band of the Great Sioux Nation, a signatory tribe to the 1851 GREAT PLAINS Ron His Horse Is Thunder Treaty of Fort Laramie and the 1868 Treaty of Fort Laramie; and Standing Rock Sioux Tribe MIDWEST Robert Chicks WHEREAS, the Rosebud Sioux Tribe Historic Preservation Office has been Stockbridge-Munsee notified of a number of railroad projects, coal bed methane mining, and other coal NORTHEAST Randy Noka mining projects where archaeological and cultural site surveys are being conducted Narragansett NORTHWEST and currently underway; and Ernie Stensgar Coeur d’Alene Tribe PACIFIC WHEREAS, the archaeological and cultural site surveys are being conducted Juana Majel Pauma-Yuima Band of Mission Indians in the areas within the 1851 Treaty of Fort Laramie and the 1868 Treaty of Fort ROCKY MOUNTAIN Laramie boundaries; and Willie Sharp, Jr. Blackfeet Tribe SOUTHEAST WHEREAS, the Brule Band of the Great Sioux Nation, has treaty rights, Archie Lynch Haliwa-Saponi property rights, use and access rights, and other legal rights protected under federal SOUTHERN PLAINS law, including the National Historic Preservation Act (NHPA), National Darrell Flyingman Cheyenne-Arapaho Tribes Environmental Policy Act (NEPA), the American Indian Religious Freedom Act SOUTHWEST (AIRFA), the Archaeological Protection Act (ARPA), the Archaeological and Historic Derek Valdo Pueblo of Acoma Preservation Act of 1974, the Native American Graves Protection and Repatriation WESTERN Act (NAGPRA), and federal regulations; and Alvin Moyle Fallon Paiute-Shoshone WHEREAS, Tribal Historic Preservation Offices throughout the Great Sioux EXECUTIVE DIRECTOR Jacqueline Johnson Nation have been meeting to discuss the impact of the proposed projects and activities Tlingit and federal agencies disregard for consultation with Tribal Historic Preservation NCAI HEADQUARTERS offices; and 1301 Connecticut Avenue, NW Suite 200 Washington, DC 20036 202.466.7767 202.466.7797 fax www.ncai.org NCAI 2007 Annual Session Resolution DEN-07-077 WHEREAS, The Brule Band of the Great Sioux Nation and the Rosebud Sioux Tribe Historic Preservation Office require that federal agencies comply with the Tribal consultation process with both the Tribal Historic Preservation offices of the Great Sioux Nation and Tribal governments required by federal law and Executive Orders No. 13007 and No. 13175, during review of any projects occurring on or affecting historic properties on all lands within the exterior boundaries of the Great Sioux Nation as defined by the 1851 Treaty of Fort Laramie and the 1868 Treaty of Fort Laramie; and WHEREAS, The Brule Band of the Great Sioux Nation and Rosebud Sioux Tribe Historic Preservation Office opposes the proposed railroad projects, coal bed methane mining, and other coal mining projects within the exterior boundaries of the Great Sioux Nation as defined by the 1851 Treaty of Fort Laramie and 1868 Treaty of Fort Laramie. NOW THEREFORE BE IT RESOLVED, that the NCAI does hereby oppose the proposed railroad projects, coal bed methane mining, and other coal mining projects within the exterior boundaries of the Great Sioux Nation as defined by the 1851 Treaty of Fort Laramie and the 1868 Treat of Fort Laramie; and BE IT FURTHER RESOLVED, that the NCAI does hereby require federal agencies comply with the Tribal Consultation process with both the Tribal Historic Preservation offices of the Great Sioux Nation and Tribal governments as required by federal law and Executive Orders No. 13007 and No. 13175, during review of any projects occurring on or affecting historic properties on all lands within the exterior boundaries of the Great Sioux Nation as defined by the 1851 Treaty of Fort Laramie and the 1868 Treaty of Fort Laramie; 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 referred by the General Assembly at the 2007 Annual Session of the National Congress of American Indians to the Executive Committee, and adopted on December 5, 2007 by the Executive Committee, with a quorum present. President ATTEST: Recording Secretary Page 2 of 2 .