TITLE: Supporting Efforts to Seek an Exemption for the National Indian Gaming Commission from the Federal Sequestration Policy
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 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, Indian Tribes are sovereigns that pre-date the United States, with prior and treaty protected rights to self-government and to our Indian lands; and
WHEREAS, the Constitution of the United States, through the Treaty, Commerce, and Apportionment Clauses and the 14th Amendment, recognizes the sovereign status of Indian Tribes as Native nations established prior to the United States; and
WHEREAS, the Indian Gaming Regulatory Act (IGRA) acknowledged and confirmed the inherent sovereign powers of Tribal Governments; and
WHEREAS, Indian tribes are governments that pre-date the United States and, through the Indian Commerce Clause and the Treaty Clause, the Constitution of the United States recognizes the status of Indian tribes as sovereigns; and
WHEREAS, the National Indian Gaming Commission (NIGC) is a federal agency designated to provide oversight in the Indian Gaming area; and
WHEREAS, NIGC is solely funded by Indian Gaming Revenues generated by Indian Tribes; and
WHEREAS, Indian Gaming Revenues are not subject to federal taxation; and
WHEREAS, the current Sequester Policy of the Federal government has determined that NIGC is subject to federal budget cuts; and
WHEREAS, the Gaming Regulatory services, ordinarily provided by the NIGC to Tribal Gaming Commissions would be negatively impacted by said budget cuts, by limiting Tribal Gaming Commissions from fulfilling their responsibilities of protecting Tribal assets; and
WHEREAS, the National Gaming Commissioners and Regulator’s Board of Directors and National Indian Gaming Association passed resolutions to support the NIGC being exempt from the present Federal Sequester Policy.
NOW THEREFORE BE IT RESOLVED that the National Congress of American Indians hereby calls for and supports the exemption of the NIGC from the Federal Sequester Policy.
BE IT FURTHER RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by subsequent resolution.