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 #: MKE-17-007 Title: Protecting Chippewa lands and resources from the threats posed by PolyMet Mine Comments: There is a proposed mine in Northern Minnesota that requires federal approvals and the transfer of federal land. It has received a final environmental impact statement but still requires several permits. The environmental impact statement has been challenged in court. Legislation has been introduced to direct the transfer of federal land for the mine. The resolution expresses support for the Chippewa efforts to prevent transfer of the land to ensure the evaluation of whether to transfer the land complies with federal law and obligations to protect treaty rights. NCAI tabled Resolution #ABQ-10-077, To Prevent Watershed Pollution within the 1854 Ceded Territory by Enacting and Enforcing Rules Affecting Polymet and other Mining Proposals. Recommendations: Resolution is in order and should be forwarded to the Land and Natural Resources committee and Environmental Protection and Land Use Subcommittee for consideration with the suggested edits. Recommendation is that the resolution with suggested edits do pass. 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 #MKE-17-007 EXECUTIVE C OMMITTEE PRESIDENT Brian Cladoosby Swinomish Tribe FIRST VICE-PRESIDENT Fawn Sharp Quinault Indian Nation RECORDING SECRETARY Aaron Payment Sault Ste. Marie Tribe of Chippewa Indians of Michigan TREASURER W. Ron Allen Jamestown S Klallam Tribe R EGIONAL VICE- PRESIDENTS ALASKA Jerry Isaac Native Village of Tanacross EASTERN OKLAHOMA Joe Byrd Cherokee Nation GREAT PLAINS Larry Wright Ponca Tribe of Nebraska MIDWEST Roger Rader Pokagon Band of Potawatomi NORTHEAST Lance Gumbs Shinnecock Indian Nation NORTHWEST Mel Sheldon, Jr. Tulalip Tribes PACIFIC Jack Potter, Jr. Redding Rancheria ROCKY MOUNTAIN Darrin Old Coyote Crow Nation SOUTHEAST Larry Townsend Lumbee Tribe SOUTHERN PLAINS Liana Onnen Prairie Band of Potawatomi Nation TITLE: Support for the Chippewa in Protecting their Treaty-Rights, Lands, Waters and Natural Resources from the Threats Posed by the Proposed Transfer of Federal Land and Approval of Permits for the PolyMet Mine in Northern Minnesota 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 and the United Nations Declaration on the Rights of Indigenous Peoples, 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, there are now proceedings before Congress, the U.S. Forest Service, the Army Corps of Engineers, and several Minnesota agencies to approve a transfer of 6,650 acres of federal lands within the Superior National Forest to a mining company, PolyMet Mining Inc., and to grant federal and state permits to authorize the development of an open pit copper-nickel-sulfide mine on such lands; and WHEREAS, the proposed mine is located within the Territory where the Lake Superior Chippewa hold Treaty-reserved rights to hunt, fish and gather, contains traditional cultural properties, historic resources, and sacred sites, and is crossed by two major rivers that flow downstream to waters within the Reservation of the Fond du Lac Band of Lake Superior Chippewa; and SOUTHWEST Joe Garcia Ohkay Owingeh Pueblo WESTERN Bruce Ignacio Ute Indian Tribe EXECUTIVE DIRECTOR Jacqueline Pata Tlingit NCAI HEADQUARTERS 1516 P Street, N.W. Washington, DC 20005 202.466.7767 202.466.7797 fax www.ncai.org WHEREAS, the land that would be transferred to PolyMet is a large intact area of pristine wilderness, comprised of exceptionally high quality wetlands and mature timber, most of which (6,025 acres) has been designated by Minnesota as a Site of High Biodiversity Significance, meaning that the area contains very good quality occurrences of the rarest species, high-quality examples of rare native plant communities, and is an important functional landscape, all of which illustrates the importance of these lands and waters in providing critical habitat for fish, game and wild rice on which Chippewa Treaty rights both within and outside the Reservations depend; and
WHEREAS, the proposed mine would be the first of its kind in Minnesota, and all similar mines developed elsewhere have resulted in serious environmental damage; and WHEREAS, it is known and undisputed that the proposed mine would directly destroy at least 1,000 acres of pristine wetlands, indirectly damage at least 7,000 additional acres of wetlands, and require water treatment for not only the 20 years that the mine would be in operation, but for an additional 200 to 500 years after the mine is closed; and WHEREAS, based on objective scientific studies as well as the serious adverse environmental impacts of similar such mines built elsewhere, the proposed mine will contaminate and eliminate habitat for fish and animals, degrade water quality, destroy wild rice and medicinal plants, release toxins into the air, and increase mercury contamination of fish; and WHEREAS, because of the threats posed by the mine, the Fond du Lac Band of Lake Superior Chippewa, the Grand Portage Band of Lake Superior Chippewa and the Bois Forte Band of Chippewa, have actively participated in the environment review and proceedings on the permitting process, and in so doing have provided, and continue to provide, detailed scientific analysis of the potential impacts of the mine to the environment and information on why the loss of these federal lands and the development of the mine would put the Bands Treaty rights, health and welfare, at risk because of the harm to water, fish, game, wild rice, and the habitat on which those depend; and WHEREAS, despite the substantive expertise provided by the Tribes, in November 2015, a Final Environmental Impact Statement was released by the federal and state agencies, following which, on January 7, 2017, the Forest Service issued a decision to approve a transfer of the federal lands to PolyMet; and WHEREAS, although a Final EIS was issued in November 2015, proceedings are still underway to determine whether permits (federal and state) should be issued for this mine which involve further scientific and technical analysis that was not addressed in the Final EIS; and WHEREAS, there is also now pending litigation in the federal court in Minnesota brought by several environmental organizations challenging the Forest Service s January 7, 2017 decision; and WHEREAS, although proceedings on the permits have not been concluded and it is therefore not certain whether the mine will ultimately be permitted, and although litigation challenging the decision to transfer these lands is still pending, legislation is now being advanced in Congress to direct the transfer of these federal lands to the mining company; and WHEREAS, such congressional action is unwarranted and sets a dangerous precedent by bypassing important and long-standing laws that were carefully developed and designed to ensure that transfers of federal land are in the public interest, fully informed by objective scientific analysis of the environmental impacts of the proposed project, consistent with the federal government s Treaty and trust obligations to Indian tribes, and subject to the rights of citizens to seek judicial review of federal agency decisions; and Page 2 of 3
WHEREAS, federal action to transfer these lands for the development of the proposed mine, and any approval of permits for such mine, pose a direct and immediate threat to the lands, waters and natural resources on which the Chippewa people depend, and a direct and immediate threat to their health and welfare that should not be permitted to occur. NOW THEREFORE BE IT RESOLVED, that the National Congress of American Indians (NCAI) does hereby support the Chippewa and their efforts to prevent the transfer of these federal lands for the development of the proposed PolyMet mine, and to ensure that the evaluation of whether such lands should be transferred or the mine permitted is done pursuant to, and in full compliance with, existing federal law, including the United States obligation to protect Tribal Treaty rights from loss, damage or harm, and its trust responsibility to protect the health and welfare of Indian people who depend on such lands, waters and natural resources to meet their most basic subsistence, cultural and religious needs; 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 2017 Annual Session of the National Congress of American Indians, held at the Wisconsin Center in Milwaukee, WI, Oct. 15, 2017 Oct. 20, 2017, with a quorum present. ATTEST: Brian Cladoosby, President Aaron Payment, Recording Secretary Page 3 of 3
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 E X ECUTIVE COMMITTEE PRESIDENT Brian Cladoosby Swinomish Tribe FIRST VICE-PRESIDENT Fawn Sharp Quinault Indian Nation RECORDING SECRETARY Aaron Payment Sault Ste. Marie Tribe of Chippewa Indians of Michigan TREASURER W. Ron Allen Jamestown S Klallam Tribe R E GIONAL VI CE- P R ESI DENTS ALASKA Jerry Isaac Native Village of Tanacross EASTERN OKLAHOMA Joe Byrd Cherokee Nation GREAT PLAINS Larry Wright Ponca Tribe of Nebraska MIDWEST Roger Rader Pokagon Band of Potawatomi NORTHEAST Lance Gumbs Shinnecock Indian Nation NORTHWEST Mel Sheldon, Jr. Tulalip Tribes PACIFIC Jack Potter, Jr. Redding Rancheria The National Congress of American Indians Resolution #MKE-17-007 Recommended Revisions TITLE: Support for the Chippewa in pprotecting their Chippewa Treaty-rights, lands, waters and natural resources from the threats posed by the proposed transfer of federal land and approval of permits for the PolyMet Mine in northern Minnesota 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 and the United Nations Declaration on the Rights of Indigenous Peoples, 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, there are now proceedings before Congress, the U.S. Forest Service, the Army Corps of Engineers, and several Minnesota agencies to approve a transfer of 6,650 acres of federal lands within the Superior National Forest to a mining company, PolyMet Mining Inc., and to grant federal and state permits to authorize the development of an open pit copper-nickel-sulfide mine on such lands; and ROCKY MOUNTAIN Darrin Old Coyote Crow Nation SOUTHEAST Larry Townsend Lumbee Tribe SOUTHERN PLAINS Liana Onnen Prairie Band of Potawatomi Nation SOUTHWEST Joe Garcia Ohkay Owingeh Pueblo WESTERN Bruce Ignacio Ute Indian Tribe EXECUTIVE DIRECTOR Jacqueline Pata Tlingit NCAI HEADQUARTERS 1516 P Street, N.W. Washington, DC 20005 202.466.7767 202.466.7797 fax w w w. n c a i. o r g WHEREAS, the proposed mine is located within the Territory where the Lake Superior Chippewa hold Treaty-reserved rights to hunt, fish and gather, contains traditional cultural properties, historic resources, and sacred sites, and is crossed by two major rivers that flow downstream to waters within the Reservation of the Fond du Lac Band of Lake Superior Chippewa; and WHEREAS, the land that would be transferred to PolyMet is a large intact area of pristine wilderness, comprised of exceptionally high quality wetlands and mature timber, most of which (6,025 acres) has been designated by Minnesota as a Site of High Biodiversity Significance, meaning that the area contains very good quality occurrences of the rarest species, high-quality examples of rare native plant communities, and is an important functional landscape, all of which illustrates the importance of these lands and waters in providing critical habitat for fish, game and wild rice on which Chippewa Treaty rights both within and outside the Reservations depend; and
WHEREAS, the proposed mine would be the first of its kind in Minnesota, and all similar mines developed elsewhere have resulted in serious environmental damage; and WHEREAS, it is known and undisputed that the proposed mine would directly destroy at least 1,000 acres of pristine wetlands, indirectly damage at least 7,000 additional acres of wetlands, and require water treatment for not only the 20 years that the mine would be in operation, but for an additional 200 to 500 years after the mine is closed; and WHEREAS, based on objective scientific studies as well as the serious adverse environmental impacts of similar such mines built elsewhere, the proposed mine will contaminate and eliminate habitat for fish and animals, degrade water quality, destroy wild rice and medicinal plants, release toxins into the air, and increase mercury contamination of fish; and WHEREAS, because of the threats posed by the mine, the Fond du Lac Band of Lake Superior Chippewa, the Grand Portage Band of Lake Superior Chippewa and the Bois Forte Band of Chippewa, have actively participated in the environment review and proceedings on the permitting process, and in so doing have provided, and continue to provide, detailed scientific analysis of the potential impacts of the mine to the environment and information on why the loss of these federal lands and the development of the mine would put the Bands Treaty rights, health and welfare, at risk because of the harm to water, fish, game, wild rice, and the habitat on which those depend; and WHEREAS, despite the substantive expertise provided by the Tribes, in November 2015, a Final Environmental Impact Statement was released by the federal and state agencies, following which, on January 7, 2017, the Forest Service issued a decision to approve a transfer of the federal lands to PolyMet; and WHEREAS, although a Final EIS was issued in November 2015, proceedings are still underway to determine whether permits (federal and state) should be issued for this mine which involve further scientific and technical analysis that was not addressed in the Final EIS; and WHEREAS, there is also now pending litigation in the federal court in Minnesota brought by several environmental organizations challenging the Forest Service s January 7, 2017 decision; and WHEREAS, although proceedings on the permits have not been concluded and it is therefore not certain whether the mine will ultimately be permitted, and although litigation challenging the decision to transfer these lands is still pending, legislation is now being advanced in Congress to direct the transfer of these federal lands to the mining company; and WHEREAS, such congressional action is unwarranted and sets a dangerous precedent by bypassing important and long-standing laws that were carefully developed and designed to ensure that transfers of federal land are in the public interest, fully informed by objective scientific analysis of the environmental impacts of the proposed project,that ensure tribal lands, resources, and reserved rights are protected, consistent with the federal government s Treaty and trust obligations to Indian tribes, and subject to the right s of citizens to seek judicial review of federal agency decisions; and Page 2 of 3
WHEREAS, federal action to transfer these lands for the development of the proposed mine, and any approval of permits for such mine, pose a direct and immediate threat to the lands, waters and natural resources on which the Chippewa people depend, and a direct and immediate threat to their health and welfare that should not be permitted to occur; and NOW THEREFORE BE IT RESOLVED, that the NCAI does hereby support the Chippewa and their efforts to preventoppose the legislative transfer of these federal lands for the development of the proposed PolyMet mine, and to ensure thatcalls for the evaluation of whether such lands should be transferred orand the mine permittingted is done pursuant to, and in full compliance with, existing federal law, including the United States obligation to protect Tribal Treaty rights from loss, damage or harm, and its trust responsibility to protect the health and welfare of Indian people who depend on such lands, waters and natural resources to meet their most basic subsistence, cultural and religious needs. 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 2017 Annual Session of the National Congress of American Indians, held at the Wisconsin Center in Milwaukee, WI, Oct. 15, 2017 Oct. 20, 2017, with a quorum present. ATTEST: Brian Cladoosby, President Aaron Payment, Recording Secretary Page 3 of 3