Title: Additional Consultation Session and Extension of Comment Deadline on the Proposed CDIB Rule

 

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 welfare of the Indian people, do hereby establish and submit the following resolution; and,

WHEREAS, the National Congress of American Indians (NCAI) is the oldest and largest national organization established in 1944 and comprised of representatives of and advocates for national, regional, and local Tribal concerns; and,

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of NCAI; and,

WHEREAS, the April, 18, 2000 the Bureau of Indian Affairs proposed to adopt a rule governing the preparation and use of Certificates of Degree of Indian and Alaska Native Blood (Federal Register, volume 65, Pgs. 20775-20787); and,

WHEREAS, in calculating an individual’s total Indian blood quantum for federal purposes, the proposed rule would disregard Indian blood derived from any Indian tribe not listed on the Bureau of Indian Affairs’ list of federally recognized tribes and would thereby redefine "Indian" and "Indian blood" contrary to the Bureau’s past practice and the requirements of the Snyder Act, 25 U.S.C. section 13, the Indian Reorganizations Act, 25 U.S.C. section 479, and other federal statutes and regulations; and,

WHEREAS, because of the unique history of Federal-Indian relations in California, particularly the failure of the United States to ratify treaties negotiated with the California tribes in 1851-52 and its subsequent efforts to terminate California tribes and withdraw federal programs and services from California, many California tribes and their members and not included on the Bureau’s list of federally recognized tribes and therefore do not have the blood of a "federally recognized" tribe; and,

WHEREAS, in light of this unique California Indian History, implementation of the proposed rule, which in many cases will either reduce an individual’s Indian blood quantum or treat him/her as a non-Indian for federal purposes, is likely to affect a disproportionately greater number of California tribes and their members than tribes from other states; and,

WHEREAS, implementation of the proposed rule will also rule will also have a similar significant, though perhaps not a widespread, impact on Indian tribes and their members in areas of the United States outside of California and, therefore, all tribes should be concerned about the potential implications of the proposed rule in determining who is an "Indian" for federal purposes; and,

WHEREAS, the Bureau of Indian Affairs has failed to schedule adequate consultation within California and other areas of the United States on this important issue; and

WHEREAS, the current comment deadline of August 17, 2000, does not allow adequate time to schedule such consultations and to guarantee that the California Tribes and other tribes potentially affected by the proposed rule will have sufficient time to prepare comprehensive comments following such consultation; and,

WHEREAS, that NCAI will support the Yurok Tribe in the extension for Government to Government consultation on the CDIB Rule; and,

NOW, THEREFORE, BE IT RESOLVED, that NCAI supports of the Yurok Tribe and other California tribes to obtain sufficient consultation on this important issue; and,

BE IT FURTHER RESOLVED, that NCAI urges the Bureau of Indian Affairs to immediately schedule additional consultations session on the proposed rule, including at least one session in California, in order to guarantee that potentially affected tribes are provided a full and fair opportunity to participate in the discussion of the proposed rule; and

BE IT FINALLY RESOLVED, that NCAI also urges the Bureau of Indian Affairs to extend the comment deadline by a least six (6) months and to consider entering into a negotiated rulemaking process following the completion of these additional consultations.

The foregoing resolution was adopted at the 2000 Mid-Year Session of the National Congress of American Indians, held at the Centennial Hall in Juneau, Alaska on June 25-28, 2000 with a quorum present.

_____________________________

Susan Masten, President

Juana Majel, Recording Secretary

Adopted by the General Assembly during the 2000 Mid-Year Session of the National Congress of American Indians, held at the Centennial Hall in Juneau, Alaska on June 25-28, 2000.