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

Transcription

1 Comments: Resolution ANC updates a standing NCAI Resolution REN , Opposing Federal Actions that Threaten Eagle Populations Without Regard for Tribal Interests and Authority. Recommend the Human, Religious and Cultural Concerns Subcommittee replace Resolution REN Recommendations: 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 #: ANC Title: Requesting that the U.S. Fish and Wildlife Service Consult with Indian Tribes before Taking Actions that Threaten Eagle Populations Background Resolution raises concerns regarding the federal government s encouragement to develop wind energy projects, including some projects located near tribal lands that are threatening and resulting in the killing of bald and golden Eagles. References a letter NCAI submitted on September 20, 2012 to the Counselor to the Assistant Secretary Indian Affairs expressing opposition to Executive Order 13604, Improving Performance of Federal Permitting and Review of Infrastructure Projects, which expedites energy projects and places burden on tribes by precluding government-to-government consultation. References Resolution REN , which opposed the U.S. Fish and Wildlife Service s authorization to grant eagle kill permits on tribal lands when affected tribe(s) has not provided expressed consent. In December 2013, the U.S. Fish and Wildlife Service published new regulations to increase eagle take permits from a period of five years to 30 years, without consultation with tribal governments. Recommend the Human, Religious and Cultural Concerns Subcommittee adopt language included in the track changes for Resolution ANC Recommend Resolution REN be included in the Human, Religious and Cultural Concerns Subcommittee packets for the Subcommittee s and attendees consideration. Recommend Resolution REN be replaced by ANC Sponsor a member in good standing (yes/no)?:

2 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 #ANC E XECUTIVE COMMITTEE PRESIDENT Brian Cladoosby Swinomish Indian Tribal Community FIRST VICE-PRESIDENT Michael O. Finley Confed. Tribes of Colville Reservation RECORDING SECRETARY Robert Shepherd Sisseton Wahpeton Oyate TREASURER Dennis Welsh Colorado River Indian Tribes R EGIONAL V ICE- P RESIDENTS ALASKA Jerry Isaac Tanana Chiefs Conference EASTERN OKLAHOMA S. Joe Crittenden Cherokee Nation GREAT PLAINS Leander McDonald Spirit Lake Tribe MIDWEST Aaron Payment Sault Ste. Marie Tribe of Chippewa Indians NORTHEAST Randy Noka Narragansett Tribe NORTHWEST Fawn Sharp Quinault Indian Nation PACIFIC Rosemary Morillo Soboba Band of Mission Indians ROCKY MOUNTAIN Ivan Posey Eastern Shoshone Tribe SOUTHEAST Ron Richardson Haliwa-Saponi Indian Tribe SOUTHERN PLAINS Stephen Smith Kiowa Tribe of Oklahoma SOUTHWEST Manuel Heart Ute Mountain Ute Tribe WESTERN Arlan Melendez Reno Sparks Indian Colony EXECUTIVE DIRECTOR Jacqueline Johnson Pata Tlingit NCAI HEADQUARTERS 1516 P Street, N.W. Washington, DC fax TITLE: Requesting that U.S. Fish and Wildlife Service Consult with Indian Tribes before Taking Actions that Threaten Eagle Populations WHEREAS, we, the members of the National Congress of American Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do hereby establish and submit the following resolution; and WHEREAS, the National Congress of American Indians (NCAI) was established in 1944 and is the oldest and largest national organization of American Indian and Alaska Native tribal governments; and WHEREAS, bald and golden Eagles (Eagles) are vitally important to tribal governments and people because of their cultural and spiritual significance, and Eagles, their populations, nest, migration areas, and other activities must be protected to ensure the longevity of the species and preserve tribal cultural, religious, and spiritual practices; and WHEREAS, the Federal government is encouraging the development of wind energy projects, including projects located on proximate to tribal lands, some of which are threatening and resulting in the killing of Eagles; and ; and WHEREAS, on September 20, 2012, NCAI sent a letter to the Counselor to the Assistant Secretary Indian Affairs, expressing opposition to Executive Order 13604, Improving Performance of Federal Permitting and Review of Infrastructure Projects, which expedites energy projects and places tremendous burdens on tribes by precluding government-to-government consultation and endangers tribal sacred places, burial grounds, and other cultural rights; and WHEREAS, the General Assembly at the 2013 Midyear Session of the National Congress of American Indians adopted Resolution REN expressing opposition to the U.S. Fish and Wildlife Service (Service) authorizing the killing of Eagles on tribal lands when the affected tribe has not given its express consent; and WHEREAS, the General Assembly, in the same resolution, expressed opposition to any changes to Federal policies concerning Eagles without formal consultation with tribal governments, tribal religious and spiritual leaders, and tribal

3 NCAI 2014 Mid-Year Session Resolution ANC-14-XXX conservation and environmental experts, consistent with the requirements of Executive Order and the Service s own consultation policy; and WHEREAS, in December 2013, the Service published new regulations [78 Fed. Reg ] which increased from five years to 30 years the length of time a permit may be issued authorizing the killing of Eagles on tribal lands; and WHEREAS, the Service s failure to consult with tribal governments is in direct conflict with Executive Order because the authorizing of the killing of Eagles on tribal lands and extending Eagle kill permits by 25 years is a major Federal policy decision that jeopardizes the vitality of Eagle populations and threaten tribal religions and cultures that depend on them; and WHEREAS, the Service s determination that consultation was not required because the new regulations require the Service to conduct its own internal review every five years affords no protection for tribal interests when there are no provisions for public comment on the internal review and no assurances that the conclusions reached in the Service s internal review will even be made public; and NOW THEREFORE BE IT RESOLVED, NCAI reaffirms its opposition to U.S. Fish and Wildlife Service authorizing the killing of Eagles on tribal lands when the affected tribe has not given its express consent, and NCAI opposes the new Federal regulations which provide for no consultation with tribal governments, tribal religious and spiritual leaders, and tribal conservation and environmental experts when conducting review of permit holders as to compliance with the regulations; and BE IT FURTHER RESOLVED, NCAI also reaffirmed its continued opposition to Executive Order when expedited energy projects are fast-tracked without meaningful consultation with tribal nations and threaten to desecrate tribal sacred places and rights to practice our traditional and religious beliefs; and BE IT FURTHER 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 2014 Mid-Year Session of the National Congress of American Indians, held at the Dena'ina Civic & Convention Center, June 8-11, 2014 in Anchorage, Alaska, with a quorum present. ATTEST: President Recording Secretary Page 2 of 2

4 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 TITLE: The National Congress of American Indians Resolution #ANC Suggested Edits Requesting that U.S. Fish and Wildlife Service Consult with Indian Tribes before Taking Actions that Threaten Eagle Populations E XECUTIVE COMMITTEE PRESIDENT Brian Cladoosby Swinomish Indian Tribal Community FIRST VICE-PRESIDENT Michael O. Finley Confed. Tribes of Colville Reservation RECORDING SECRETARY Robert Shepherd Sisseton Wahpeton Oyate TREASURER Dennis Welsh Colorado River Indian Tribes R EGIONAL V ICE- P RESIDENTS ALASKA Jerry Isaac Tanana Chiefs Conference EASTERN OKLAHOMA S. Joe Crittenden Cherokee Nation GREAT PLAINS Leander McDonald Spirit Lake Tribe MIDWEST Aaron Payment Sault Ste. Marie Tribe of Chippewa Indians NORTHEAST Randy Noka Narragansett Tribe NORTHWEST Fawn Sharp Quinault Indian Nation PACIFIC Rosemary Morillo Soboba Band of Mission Indians ROCKY MOUNTAIN Ivan Posey Eastern Shoshone Tribe SOUTHEAST Ron Richardson Haliwa-Saponi Indian Tribe SOUTHERN PLAINS Stephen Smith Kiowa Tribe of Oklahoma SOUTHWEST Manuel Heart Ute Mountain Ute Tribe WESTERN Arlan Melendez Reno Sparks Indian Colony EXECUTIVE DIRECTOR Jacqueline Johnson Pata Tlingit NCAI HEADQUARTERS 1516 P Street, N.W. Washington, DC fax WHEREAS, we, the members of the National Congress of American Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do hereby establish and submit the following resolution; and WHEREAS, the National Congress of American Indians (NCAI) was established in 1944 and is the oldest and largest national organization of American Indian and Alaska Native tribal governments; and WHEREAS, bald and golden Eagles (Eagles) are vitally important to tribal governments and people because of their cultural and spiritual significance, and Eagles, their populations, nest, migration areas, and other activities must be protected to ensure the longevity of the species and preserve tribal cultural, religious, and spiritual practices; and WHEREAS, the Federal government is encouraging the development of wind energy projects, including projects located on proximate to tribal lands, some of which are threatening and resulting in the killing of Eagles; and ; and WHEREAS, on September 20, 2012, NCAI sent a letter to the Counselor to the Assistant Secretary Indian Affairs, expressing opposition to Executive Order 13604, Improving Performance of Federal Permitting and Review of Infrastructure Projects, which expedites energy projects and places tremendous burdens on tribes by precluding government-to-government consultation and endangers tribal sacred places, burial grounds, and other cultural rights; and WHEREAS, Resolution REN was adopted the General Assembly at the 2013 Midyear Session of the National Congress of American IndiansNCAI, adopted Resolution REN expressing opposition to the U.S. Fish and Wildlife Service (Service) authorizing the killing of Eagles on tribal lands when the affected tribe has not given its express consent; and WHEREAS, the General Assembly, in the same resolution,resolution REN expressed opposition to any changes to Federal policies concerning Eagles without formal consultation with tribal governments, tribal religious and spiritual leaders, and tribal

5 NCAI 2014 Mid-Year Session Resolution ANC conservation and environmental experts, consistent with the requirements of Executive Order and the Service s own consultation policy; and WHEREAS, in December 2013, the Service published new regulations [78 Fed. Reg ] which increased from five years to 30 years the length of time a permit may be issued authorizing the killing of Eagles on tribal lands; and WHEREAS, the Service s failure to consult with tribal governments prior to the adoption of the Eagle take permit regulations is in direct conflict with Executive Order because the authorizing of the killing of Eagles on tribal lands and extending Eagle kill permits by 25 years is a major Federal policy decision that jeopardizes the vitality of Eagle populations and threaten tribal religions and cultures that depend on them; and WHEREAS, the Service s determination that consultation was not required because the new regulations require the Service to conduct its own internal review every five years affords no protection for tribal interests when there are no provisions for public comment on the internal review and no assurances that the conclusions reached in the Service s internal review will even be made public; and NOW THEREFORE BE IT RESOLVED, NCAI reaffirms Resolution #REN to reflect these newly adopted Eagle take permit regulations [78 Fed. Reg ], and NCAI reaffirms its opposition to the U.S. Fish and Wildlife Service authorizing the killing of Eagles on tribal lands when the affected tribe has not given its express consent, and BE IT FURTHER RESOLVED, that NCAI opposes the new Federal Eagle take permit regulations, which provide for no consultation with tribal governments, tribal religious and spiritual leaders, and tribal conservation and environmental experts when conducting review of permit holders as to compliance with the regulations; and BE IT FURTHER RESOLVED, that NCAI also reaffirms its continued opposition to Executive Order when expedited energy projects are fast-tracked without meaningful consultation with tribal nations and threaten to desecrate tribal sacred places and rights to practice our traditional and religious beliefs; and BE IT FURTHER RESOLVED, that NCAI opposes the new Federal Eagle take permit Federal regulations, which provide for no consultation with tribal governments, tribal religious and spiritual leaders, and tribal conservation and environmental experts when conducting review of permit holders as to compliance with the regulations; and BE IT FURTHER RESOLVED, NCAI also reaffirms its continued opposition to Executive Order when expedited energy projects are fast-tracked without meaningful consultation with tribal nations and threaten to desecrate tribal sacred places and rights to practice our traditional and religious beliefs; and BE IT FURTHER RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by subsequent resolution. CERTIFICATION Page 2 of 3

6 NCAI 2014 Mid-Year Session Resolution ANC The foregoing resolution was adopted by the General Assembly at the 2014 Mid-Year Session of the National Congress of American Indians, held at the Dena'ina Civic & Convention Center, June 8-11, 2014 in Anchorage, Alaska, with a quorum present. ATTEST: President Recording Secretary Page 3 of 3

7 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 #REN TITLE: Opposing Federal Actions that Threaten Eagle Populations Without Regard for Tribal Interests and Authority E XECUTIVE COMMITTEE PRESIDENT Jefferson Keel Chickasaw Nation FIRST VICE-PRESIDENT Juana Majel Dixon Pauma Band of Mission Indians RECORDING SECRETARY Edward Thomas Central Council of Tlingit & Haida Indian Tribes of Alaska TREASURER W. Ron Allen Jamestown S Klallam Tribe R EGIONAL V ICE- P RESIDENTS ALASKA Mike Williams Akiak Native Community EASTERN OKLAHOMA S. Joe Crittenden Cherokee Nation GREAT PLAINS Robert Shepherd Sisseton Wahpeton MIDWEST Matthew Wesaw Pokagon Band of Potawatomi NORTHEAST Lance Gumbs Shinnecock Indian Nation NORTHWEST Fawn Sharp Quinault Indian Nation PACIFIC Don Arnold Scotts Valley Band of Pomo Indians ROCKY MOUNTAIN Ivan Posey Shoshone Tribe SOUTHEAST Larry Townsend Lumbee Tribe SOUTHERN PLAINS George Thurman Sac and Fox Nation SOUTHWEST Joe Garcia Ohkay Owingeh WESTERN Ned Norris, Jr Tohono O odham Nation EXECUTIVE DIRECTOR Jacqueline Johnson Pata Tlingit NCAI HEADQUARTERS 1516 P Street, N.W. Washington, DC fax WHEREAS, we, the members of the National Congress of American Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do hereby establish and submit the following resolution; and WHEREAS, the National Congress of American Indians (NCAI) was established in 1944 and is the oldest and largest national organization of American Indian and Alaska Native tribal governments; and WHEREAS, bald and golden Eagles (Eagles) are vitally important to tribal governments and people because of their cultural and spiritual significance, and Eagles, their populations, nests, migration areas, and other activities must be protected to ensure the longevity of the species and preserve tribal cultural, religious, and spiritual practices; and WHEREAS, the Federal government is encouraging the development of wind energy projects, including projects located on and proximate to tribal lands, some of which are threatening and resulting in the killing of Eagles, and the U.S. Fish and Wildlife Service (Service) may issue permits to wind energy project operators to kill Eagles; and WHEREAS, to date, the Service has never issued a permit to allow a wind energy project to kill Eagles; but is currently considering issuing a permit to allow a private wind energy project located on Osage Nation territory, known as the Osage Wind Energy Project, to kill up to 120 bald eagles; and WHEREAS, the Osage Wind Energy Project developer did not consult with the Osage Nation regarding the Eagle take permit and, in the permit application, significantly understated the number of bald eagles in the area and failed to identify the potential for the Project to kill golden eagles as well; and WHEREAS, authorizing the Osage Wind Energy Project to kill Eagles in Osage Nation territory absent the tribe s consent would set a dangerous precedent that will limit the ability of all tribes in the U.S. to protect their cultural resources, and also raises questions about whether the Service is appropriately following its trust obligations and its own regulations requiring the evaluation of cultural significances of eagle population to Native people; and

8 NCAI 2013 Mid Year Resolution REN WHEREAS, on September 20, 2012, NCAI sent a letter to the Counselor to the Assistant Secretary Indians Affairs, expressing opposition to Executive Order 13604, Improving Performance of Federal Permitting and Review of Infrastructure Projects, which expedites energy projects and places tremendous burdens on tribes by precluding government-to-government consultation and endangers tribal sacred places, burial grounds, and other cultural rights; and WHEREAS, on May 3, 2013, NCAI sent a letter to the Director of the Service raising concerns that issuing a permit to the Osage Wind Energy Project could set a very harmful and detrimental precedent for tribes and future eagle protection efforts, which also referenced a September 20, 2012, letter sent to the Department of the Interior, Counselor to the Assistant Secretary Indian Affairs stating tribal opposition to Executive Order 13604; and WHEREAS, the Service is also proposing to revise its regulations to extend the maximum term for Eagle take permits from five years to 30 years, and has failed to consult with tribes despite repeated requests by tribal governments and organizations; and WHEREAS, authorizing the killing of Eagles on tribal lands and extending Eagle kill permits by 25 years are major Federal policy decisions that jeopardize the vitality of Eagle populations and threaten tribal religions and cultures that depend on them; and NOW THEREFORE BE IT RESOLVED, that NCAI opposes the U.S. Fish and Wildlife Service authorizing the killing of Eagles on tribal lands when the affected tribe has not given its express consent, and NCAI opposes any changes to Federal policies concerning Eagles without formal consultation with tribal governments, tribal religious and spiritual leaders, and tribal conservation and environmental experts, consistent with the requirements of Executive Order and the Service s own consultation policy; and BE IT FURTHER RESOLVED, the NCAI reaffirms its continued opposition to Executive Order when expedited energy projects are fast-tracked without meaningful consultation with tribal nations and threaten to desecrate tribal sacred places and rights to practice our traditional and religious beliefs; and BE IT FURTHER 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 2013 Midyear Session of the National Congress of American Indians, held at the Atlantis Casino from June 24-27, 2013 in Reno, Nevada with a quorum present. ATTEST: President Recording Secretary