Title: In Support of the Request by Alaska’s Tribes to the Secretary of Interior for Withdrawal of Solicitor’s Opinion No. M-36975 (January 11, 1993)

 

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 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 organizations 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 NCAI is the preeminent Native advocacy organization in the United States made up of more than 230 Native American nations, including federally recognized Alaska Native tribes; and,

WHEREAS, on December 18, 1971, then-President Richard Nixon signed into law the Alaska Native Claims Settlement Act (ANCSA), thereby vesting land, property, and monies into the ownership of thirteen regional for-profit corporations and over two hundred village for-profit corporations; and

WHEREAS, while ANCSA declared that only Natives born prior to December 18, 1971 could be enrolled as shareholders in these Native corporations, ANCSA’s assets have always been construed by the Natives themselves as intended to derive to the benefit of Alaska’s First Nations; and,

WHEREAS, On January 11, 1993, only days before the end of the Administration of George Bush, then-Solicitor for the Department of Interior Ronald Sansonetti issued his Opinion that, "In light of the clear expression of congressional intent in the Alaska Native Claims Settlement Act (ANCSA) not to create trusteeship or a reservation system, it would be an abuse of discretion for the (Interior) Secretary to acquire (ANCSA) lands in trust;" and

WHEREAS, this particular Solicitor’s Opinion is in direct conflict with the treatment of Alaska Natives and their lands by the Interior Secretary, particularly in recent years, a specific example being an opinion issued in 1980 by the Associate Solicitor for Indian Affairs, which concludes that certain ANCSA village corporation lands were Indian Country; and

WHEREAS, since its issuance on January 11, 1993, this particular Solicitor’s Opinion has undergone substantial reconsideration within the Interior Department; and

WHEREAS, in October 1993 then-Assistant Interior Secretary for Indian Affairs Ada Deer, a member of the Menominee Tribe of Wisconsin, published in the Federal Register a list of 225 (later amended to 227) federally recognized Alaskan Tribes; and

WHEREAS, in the years since the issuance of the January 11, 1993, Solicitor’s Opinion, numerous requests have been made by Alaska’s First Nations to the Secretary of the Interior, to withdraw the aforementioned Solicitor’s Opinion.

NOW THEREFORE BE IT RESOLVED, that the National Congress of American Indians fully supports and endorses the petitions by Alaska’s Tribes for withdrawal of the Sansonetti Opinion; and,

BE IT FURTHER RESOLVED, that the National Congress of American Indians hereby calls upon Interior Secretary Bruce Babbitt to accede to the requests by Alaska’s Tribes and withdraw the Sansonetti Opinion.

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.