Title: Opposition to States Bad Faith Gaming Compact Negotiations to Impose Unconscionable Provisions on Gaming Tribes

 

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, at the 1999 Mid-Year Session of the National Congress of American Indians, held in Vancouver, British Columbia, Canada, formally adopted RESOLUTION # VAN–99- 027, Title: Opposition to State’s Misuse of Gaming Compact Negotiations to Extort Concessions on Non-gaming Issues, and

WHEREAS, the purpose and Congressional Intent in passing the Indian Gaming Regulatory Act (IGRA) in 1988, was to provide Tribal governments with a means of promoting Tribal economic development, self-sufficiency, and strong Tribal governments; and

WHEREAS, the State of California’s Governor is using the compact negotiation process to extract unconscionable Tribal Sovereign authority concessions from the California Tribes on issues unrelated to the regulation of Class III Gaming and is imposing Labor Unions on Gaming Tribes, taxes, and is imposing Tribal Membership criteria, and

WHEREAS, this is a clear violation of the IGRA Act of 1988, as well as undermining Tribal Sovereignty and Self Determination of Federally Recognized Indian Tribes, and

WHEREAS, it is Bad Faith for states to use the compact negotiations process to extract unacceptable, non-IGRA provisions and/or concessions from the Tribes on issues unrelated to the regulation of Class III Gaming that violates the intent of IGRA and detrimentally impacts economic development intended to promote Tribal well being and Self-sufficiency, and

WHEREAS, it is the fiduciary, and Trust responsibility of the Bureau of Indian Affairs (BIA) under the Department of Interior to protect the Sovereign rights of Tribes, and

WHEREAS, the United States Government has failed to take steps to protect those Tribes’ interests in objecting to Bad Faith State Compacts, by not utilizing its resources and authority available to it including- but not limited to- , (1) using states on behalf of the Tribes; (2) disapproving compacts that have clearly incorporated unconscionable provisions: (3) providing an expeditious and efficient administrative remedy; and (4) implementing and defending that remedy, and

WHEREAS, the Department of Interior’s failure to execute its Trust Responsibility in protecting the Federally Recognized Tribes involved in state Gaming Compact Negotiations now threatens Indian Gaming Tribes throughout the United States with the potential imposition of unconscionable and unacceptable provisions formulated in other states, and

WHEREAS, the United States Government, through the Department of Justice, has further aided and abetted this extortion by initiating federal (forfeiture) enforcement action against Tribes that attempt to exercise their sovereign and statutory gaming rights rather than agree to state compacts with unacceptable conditions outside of the intent of IGRA.

NOW THEREFORE BE IT RESOLVED, that NCAI does hereby demand that the Department of the Interior protect the Sovereign rights of Tribes to enter into State Gaming Compacts as they may decide, and to protect those Indian Tribes that refuse to enter into Bad Faith State Gaming Compact Negotiations; and

BE IT FURTHER RESOLVED, that NCAI does hereby demand that those Federal Agencies with Trust Responsibilities to include the Department of the Interior, Department of Justice, and the National Indian Gaming Commission to execute its fiduciary responsibility to Indian Gaming Tribes by taking action against states that abuse the compact negotiation requirements, and to refrain from taking action against Tribes asserting their Sovereign authority while confronted with such Bad Faith Indian Gaming Compacts; and

BE IT FURTHER RESOLVED, that NCAI does hereby demand that the Secretary of the Interior and the Department of Justice execute their Trust Responsibility to protect the Sovereign Rights and economic well being of Indian Gaming Tribes that have filed Bad Faith Lawsuits; and

BE IT FINALLY RESOLVED, that NCAI does further demand that the Secretary of the Interior and the Department of Justice refrain from intervention on behalf of states in any Bad Faith Lawsuits filed against a state.

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.