THE NATIONAL CONGRESS OF
AMERICAN INDIANS
RESOLUTION # JUN-00-043

Title: Demanding the Return of Trust Records to Local Agencies; Full Tribal Access to Records Necessary for Self-Government; and Establishment of a Negotiated Rulemaking Committee to Develop Trust Reform Regulations with the Full Participation of Indian Tribes and Individuals they are intended to Benefit.

 

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 Assistant Secretary for Indian Affairs of the Department of Interior has proposed to publish proposed regulations in accordance with the Secretary’s High Level Implementation Plan for trust reform to revise procedures for probate, leasing, grazing, and trust fund administration; and

WHEREAS, at his request, the National Congress of American Indians has formed a working group to assist the Department in developing these regulations in a manner consistent with the highest fiduciary standards, and respectful of the national policy of Indian self-determination and self-governance; and

WHEREAS, the National Congress of American Indians has repeatedly requested that the Assistant Secretary convene a negotiated rulemaking committee comprised of tribal leaders and other representatives of Indian owners of trust funds and resources to develop these regulations in a cooperative manner that takes into consideration the concerns and desires of Indian resource and account owners at least on an equal basis with the concerns of the Department and the Bureau of Indian Affairs; and

WHEREAS, the Assistant Secretary has declined to revise his schedule for promulgation of these regulations to honor the request for greater tribal participation in the development of policies and procedures to be codified in these regulations; and

WHEREAS, the most recent version of these regulations reflect many recommendations and concerns of the NCAI working group, but still fail to place the legitimate interests and expectations of Indian tribes and individuals ahead of the agency’s own concerns over potential liability and ease of administration; and

WHEREAS, these regulations will undoubtedly and significantly affect the rights of Indian tribes and individuals in the use and enjoyment of their own lands and resources; may well adversely affect the operation of credit and other programs administered by tribes for the benefit of their members; will impede access to Indian accounts for burial and other necessary expenses; will limit the ability of Indian account holders to enjoy the benefits of other federal programs such as social security and welfare assistance; fail to address adequately issues of collection and enforcement of lease terms; and do not deal with problems arising from bankruptcy, foreign ownership, and other evasive devices commonly employed by lessees and trespassers on Indian lands; and

WHEREAS, the Department through the Office of Special Trustee and other agencies has systematically removed from reservations and local agencies trust and other ownership records that are needed for reservation-based land management and trust administration; and

WHEREAS, Tribes throughout the nation are now routinely denied access to records previously available to them and necessary for the exercise of self-government,

NOW, THEREFORE, BE IT RESOLVED that the National Congress of American Indians hereby demands that the Secretary of the Interior immediately order the return of Indian trust records to the BIA offices from which they have been removed, and

BE IT FURTHER RESOLVED that the National Congress of American Indians hereby demands that the Secretary of the Interior immediately order that Indian tribes be granted full and unconditioned access to records regarding lands and resources on their reservations which are necessary for effective self-governance and self-determination in accordance with federal Indian policy of the 21^st Century; and

BE IT FINALLY RESOLVED, that the National Congress of American Indians hereby demands that the Assistant Secretary of Indian Affairs immediately halt the current schedule for publication of proposed trust reform regulations and convene a negotiated rulemaking committee to develop these regulations in full cooperation with the Indian community for whose benefit these regulations are presumably intended.

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.