, during the NCAI 83rd Annual Convention & Marketplace, NCAI will hold a press conference on changes to Section 106. Join us at the Palm Springs Convention Center in the General Assembly room (Oasis 2, 3A, 3B). 

Open to press and convention attendees. Press is encouraged to submit questions in advance to 

For six decades, Section 106 of the National Historic Preservation Act (NHPA) has served as a critical procedural safeguard, ensuring that Tribal Nations maintain a voice in federal decision-making. Historically, this statutory framework has required federal agencies to address the effects of their actions on historic places, fostering collaborative solutions that enhance project outcomes.

However, the Advisory Council on Historic Preservation (ACHP) and the U.S. Congress are considering advancing sweeping revisions to Section 106 regulations. These proposed changes weaken statutory protections, replace collaborative consultation with closed agency decision-making, and threaten ancestral homelands. While framed as an efficiency measure to accelerate FAST-41 infrastructure and critical minerals permitting, this overreach violates the NHPA’s statutory intent. By stripping away established procedural certainty, the proposed changes will inevitably trigger widespread litigation, delaying the very projects it seeks to expedite.

For more information and additional resources, visit the 

Section 106 Press Conference

— The National Congress of American Indians (NCAI), in partnership with the Chickasaw Nation, hosted the 2026 NCAI Honor Awards on Tuesday, October 20. The evening celebrated three distinguished leaders whose decades of service, advocacy, and dedication have strengthened Tribal Nations and advanced Tribal sovereignty across Indian Country.

Held during NCAI's 83rd Annual Convention & Marketplace, the ceremony recognized Governor Emeritus Bill Anoatubby of the Chickasaw Nation with the 2026 John Echohawk Lifetime Achievement Award and honored Arlinda Locklear of the Lumbee Tribe of North Carolina and Councilman Gilbert Suazo, Sr. of Taos Pueblo with the 2026 Native American Leadership Awards.

"Tonight, we honor three remarkable individuals whose leadership has shaped Indian Country and created opportunities for generations to come," said NCAI Executive Director Larry Wright Jr. "Governor Anoatubby, Arlinda Locklear, and Councilman Suazo have each demonstrated that leadership is not simply about the positions we hold, but about the lasting impact we make for our people. Through their dedication to Tribal sovereignty, justice, and self-determination, they have strengthened our Nations and helped build a future rooted in opportunity, resilience, and cultural identity. Their legacies remind us that the work we do today will shape the lives of generations yet to come."

John Echohawk Lifetime Achievement Award: Governor Emeritus Bill Anoatubby

Governor Emeritus Bill Anoatubby was recognized for more than five decades of dedicated service to the Chickasaw Nation and nearly four decades as Governor. Throughout his illustrious career, Anoatubby led the transformation of the Chickasaw Nation through visionary leadership, economic development, expanded governmental services, and investments in education, health care, and opportunities for Chickasaw citizens.

His commitment to self-governance and long-term Nation building has made a lasting impact beyond the Chickasaw Nation, providing an enduring example of the strength and possibilities of Tribal sovereignty.

Native American Leadership Award: Arlinda Locklear

Arlinda Locklear, a citizen of the Lumbee Tribe of North Carolina, was honored for her groundbreaking career in federal Indian law and her lifelong commitment to advancing and protecting Tribal rights inside and outside of the courtroom.

As one of the first Native American women to argue before the United States Supreme Court, Locklear shaped significant legal victories involving Tribal lands, jurisdiction, and sovereignty. Her decades of advocacy, including her leadership with the Native American Rights Fund, have strengthened the legal foundations of Tribal self-determination and inspired generations of Native attorneys and advocates.

Native American Leadership Award: Councilman Gilbert Suazo, Sr.

Councilman Gilbert Suazo, Sr. of Taos Pueblo was recognized for his decades of leadership and steadfast commitment to protecting Tribal sovereignty, cultural heritage, and the lands and natural resources of his people.

As a former Governor and longtime Tribal Councilman of Taos Pueblo, Suazo has dedicated his life to serving his community and advocating for the protection of Tribal lands, water rights, and cultural resources. For decades he fought for the return of Blue Lake to the Taos Pueblo, epitomizing the land back movement. His leadership reflects the importance of honoring ancestral responsibilities while ensuring future generations inherit strong, thriving Tribal Nations.

The 2026 Honor Awards brought together Tribal leaders, advocates, and guests from across Indian Country to celebrate the honorees' extraordinary contributions and the lasting impact of their service.

NCAI extends its appreciation to the Chickasaw Nation for its partnership in hosting this year's Honor Awards and for its continued commitment to recognizing excellence in Native leadership.

About the National Congress of American Indians: 

Founded in 1944, the National Congress of American Indians is the oldest, largest, and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of Tribal governments and communities, promoting strong Tribal-federal government-to-government policies and a better understanding among the general public regarding American Indian and Alaska Native governments, people, and rights. For more information, visit 

NCAI Honors Three Distinguished Leaders for Lifetime Contributions to Indian Country at 2026 Honor Awards

Recently, the Department of Health and Human Services (HHS) Administration for Children and Families (ACF) issued new guidance on the use of predictive analytics in child welfare decision-making. The use of predictive analytics in these important decisions can have a significant impact on Tribal children and families. The National Congress of American Indians (NCAI) and the National Indian Child Welfare Association (NICWA) are sharing an important update about this new federal guidance and how Tribal Nations should engage with local, state, and federal governments to ensure that Tribal voices are part of the discussion about how predictive analytics are used when making decisions that could lead to the breakup of Tribal families.

ACF has clarified that agencies may include these tools in Comprehensive Child Welfare Information Systems (CCWIS) projects and seek federal financial participation for related costs: 

New CCWIS Guidance on Predictive Analytics

. There are important things that Tribal Nations should know about how to engage with their relevant jurisdictions if those jurisdictions are using predictive analytics in their child welfare protective services and/or permanency decision-making.

Although this HHS guidance does not require any agency to adopt predictive analytics, it clarifies how jurisdictions can fund and integrate such systems into their technology modernization plans. On August 13, 2026, ACF 

 that it was awarding $6 million in grants to 10 Tribal and state jurisdictions to support predictive analytics pilots for child welfare systems. That makes it even more critical for Tribal leaders to understand the potential risks for Tribal children, families, and Tribal sovereignty.

Predictive analytics in child welfare settings are promoted as tools to modernize decision-making and use data more effectively. At the same time, federal research has warned that predictive risk models can encode racial and ethnic bias and worsen existing disparities, including for American Indian and Alaska Native children, if they are not designed and governed with strong safeguards.

Avoiding Racial Bias in Child Welfare Agencies’ Use of Predictive Risk Models (HHS/ASPE)

Predictive Analytics in Child Welfare: An Introduction for Administrators and Policy Makers (ASPE)

Although predictive analytics may offer administrative benefits in some contexts, these same federal researchers have cautioned that, without careful safeguards, such systems may amplify existing disparities rather than reduce them. These risks are active and documented. For example, 

 completely halted its screening algorithm after reviews showed it disproportionately flagged Black families. The pioneering Allegheny Family Screening Tool in 

 has faced U.S. Department of Justice (DOJ) Civil Rights Division scrutiny over concerns that it automates past inequalities. Meanwhile, states like 

 have dropped predictive tools outright after finding them unreliable and ineffective.

Tribal data sovereignty and historical context

For generations, government systems and “expert” judgment were used to justify removing Indian children from their families and communities. Federal Indian boarding schools and other forced assimilation policies were advanced under the phrase “Kill the Indian in him, and save the man,” attributed to Richard Henry Pratt in 1892, which captured the goal of erasing Native identity in order to remake the child. That history and its continuing impacts are documented in efforts such as:

U.S. Department of the Interior, Federal Indian Boarding School Initiative Investigative Report (May 2022)

U.S. Department of the Interior, Federal Indian Boarding School Initiative Investigative Report, Vol. II (July 2024)

Practice Brief on Tribal Children and Forced Assimilation

Following federal boarding school policies, state child welfare agencies took a larger role in intervening in Tribal child and family affairs. Prior to the passage of the Indian Child Welfare Act (ICWA) in 1978 [25 U.S.C. 1901 et seq.] an estimated 25-35% of Tribal children were removed from their homes by state and private agencies. Hearings before the House and Senate prior to ICWA’s passage also revealed that 85% of out-of- home placements of Tribal children were with non-Native families. NCAI has also affirmed the importance of protecting Indian children, families, and Tribal Nations by preserving the ICWA in Resolution 

, which recognizes ICWA as the minimum standard to prevent the unnecessary removal of Tribal children from their homes and communities.

Today, data about Tribal children and families are increasingly collected, stored, and analyzed in digital systems. Tribal data sovereignty means that Tribal Nations have the right to govern the collection, use, sharing, and interpretation of data about their citizens and communities, including in child welfare contexts. Any move to integrate predictive analytics with child welfare systems raises fundamental questions about who controls those data, how they are used, and how Tribal governments can protect their citizens.

Predictive analytics systems are typically trained on historical administrative data. Those data reflect patterns of oversurveillance, overinvestigation, and overremoval that Tribal families have experienced for decades. When risk scores are generated from historically biased data, these tools can reinforce patterns of disproportionate surveillance and family separation that Tribal communities have experienced for generations. While the technologies are different from boarding schools, they risk perpetuating inequities rooted in the same history of government intervention in Tribal families. Even after ICWA’s passage, Tribal children continue to be overrepresented in state foster care systems, and Tribal families receive more intrusive interventions compared to other similarly situated families.

 documented that, even decades after ICWA’s passage, federal data show persistently disproportionate foster care placements for Tribal children enrolled or eligible for enrollment and widespread state noncompliance with ICWA. Those same patterns of bias and noncompliance are likely to be reflected in the data used to train predictive analytics tools, unless strong Tribal‑centered safeguards are in place.

Systems may flag Tribal families as “high risk” more often if historical data show higher rates of prior involvement, without accounting for the structural causes of that involvement.

Systems that do not adequately address federal and state legal requirements or cultural values and norms that define the best interests of Tribal children and families may instead rely on one-size-fits-all definitions of those best interests.

Proprietary or opaque models for which commercial vendors claim confidentiality can make it difficult for Tribal Nations to understand how decisions are being influenced or to challenge unfair outcomes.

The threat of cross-system interoperability as local and state agencies increasingly combine child welfare data with homelessness, criminal justice, and public assistance databases. For Tribal families, this creates a massive, compounded web of surveillance that feeds directly into these algorithms, especially if Tribal consent is not central to design and oversight.

Raise the need to recognize Tribal data sovereignty throughout participation in child welfare decision-making, and ICWA compliance, and discussions about predictive analytics in local, state, or federal child welfare systems.

Proactively engage local and state child welfare agencies. 

Decisions made by local and state agencies to adopt artificial intelligence (AI) methodologies, such as predictive analytics or risk modeling, directly impact Tribal children and families. This is true everywhere, including in urban areas and other regions without Tribal reservations or Tribal Nations within state boundaries. AI tools can be used for tasks ranging from helping case managers organize their case notes to influencing key decisions in child welfare.

 Ensure Tribal leaders and Tribal experts are consulted early and often before any tool is adopted.

Transparency about how tools work, what data they use, and how they affect decisions across the child welfare process empowers Tribal Nations and supports sovereignty. This includes child protection investigations, the removal of children from their homes, placement decisions if a child is removed, access to family reunification and preservation services, and permanent placement outcomes such as reunification with birth parents, placement with relatives, or other permanent options.

 Demand third-party fairness audits to assess whether the algorithm discriminates against Tribal families. Additionally, require federal, state, and local agencies to disaggregate their performance data by Tribal affiliation, ensuring that disparities are not obscured by overall averages.

 Demand that any predictive tools or algorithms used by federal, state, or local agencies be designed, monitored, and audited to ensure full compliance with ICWA requirements.

 Assert the right to decline participation in tools that increase surveillance or removal risks, and to negotiate data-sharing agreements that protect Tribal interests and values.

For members seeking additional background, the following resources offer more detail on the promises and risks of predictive analytics in child welfare:

Predictive Analytics in Child Welfare: An Assessment of Current Efforts, Challenges, and Opportunities (ASPE)

Coding Over the Cracks: Predictive Analytics and Child Protection (Fordham Urban Law Journal)

ACTION ALERT: Predictive Analytics in Child Welfare Decision-Making and the Impact on Tribal Children 

On Indigenous Peoples Day, the National Congress of American Indians honors the strength, resilience, and enduring contributions of Indigenous peoples across generations.

We honor the histories, cultures, languages, traditions, and sacrifices that have shaped Indian Country and sustained Tribal communities since time immemorial. We recognize that Tribal Nations are not relics of the past, but sovereign governments exercising their inherent rights, strengthening their communities, protecting their lands and cultures, and shaping the future of this country.

“Indigenous Peoples Day reminds us that recognizing Native peoples must extend beyond acknowledgment – it must be reflected in the policies, decisions, and institutions that shape our communities,” said NCAI Executive Director Larry Wright Jr. “At NCAI, our work is rooted in advancing policies that respect Tribal sovereignty and treaty and trust obligations while ensuring that Native voices are heard where decisions are being made. When Tribal Nations have a meaningful voice in shaping policy, we strengthen not only Indian Country, but the future we are building together.”

Indigenous Peoples Day is also a time to look forward. Across Indian Country, Native leaders, youth, families, artists, educators, advocates, and innovators are carrying forward the knowledge of their ancestors while building stronger futures for generations yet to come. This day also reminds us that what is good for Indian Country is good for everyone. When Tribal Nations thrive, their contributions strengthen economies, protect shared natural resources, and help build a better future for all.

Today and every day, NCAI remains committed to advancing Tribal sovereignty, protecting treaty and trust obligations, advocating for policies that uphold the rights and priorities of Tribal Nations, and amplifying Native voices at every level of government.

Honor the history. Recognize the sovereignty. Celebrate the future.

NCAI Honors Indigenous Peoples Day: Honor the History. Recognize the Sovereignty. Celebrate the Future.

NCAI joined Tribal organizations across Indian Country in calling on Congress to withdraw Title III of the Bipartisan American Affordability and Jobs Act (BAAJA), which would significantly weaken protections under Section 106 of the National Historic Preservation Act.

Section 106 is a critical tool for ensuring Tribal Nations have a meaningful voice in federal decisions that may affect sacred sites, historic properties, cultural resources, and places of profound cultural and spiritual significance.

The proposed changes would narrow when Section 106 review is required, reduce Tribal participation in key federal decisions, impose inappropriate federal oversight on Tribal Historic Preservation Officers, and limit Tribal Nations’ ability to seek judicial review.

Tribal Nations should not have to choose between infrastructure development and the protection of their cultural heritage. Early, robust, and meaningful Tribal consultation can lead to stronger projects, faster decision-making, and more durable outcomes.

NCAI and our partners urge Congress to withdraw this language and work directly with Tribal Nations to develop permitting reforms that respect Tribal sovereignty, fulfill federal trust and treaty obligations, and protect sacred places for future generations.

NCAI Joined Tribal Organizations Across Indian Country in calling on Congress to Withdraw Title III of the Bipartisan American Affordability and Jobs Act (BAAJA)

 — Today the National Congress of American Indians (NCAI) and the Inter Tribal Association of Arizona represented by the Native American Rights Fund (NARF) 

, a case currently before the U.S. Court of Appeals for the District of Columbia Circuit challenging the federal government’s planned construction of a border wall through the Tohono O’odham Nation’s reservation in Arizona.

The brief represents Tribal voices in Arizona and across Indian Country that are alarmed by the federal government’s trespass on the Tohono O’odham Nation’s reservation and are opposed to this unlawful infringement on Tribal sovereignty.

“Tribal Nations were sovereign long before the formation of the United States, and today we continue to exercise sovereignty over our lands,” said NCAI President Mark Macarro. “The administration’s actions reflect a blatant disregard for the sovereignty of the Tohono O’odham Nation. Indian Country stands with the Nation as it seeks to hold the federal government accountable.”

“Tribal Nations have a unique relationship with the federal government. Part of this relationship imposes a duty on the United States to steward and protect Tribal Nations’ land bases. The federal government’s actions on the Tohono O’odham Nation’s reservation are a dereliction of the duties the United States owes to Tribal Nations,” said NARF Staff Attorney Mitchell Forbes.

The amicus brief details the many instances where Tribal Nations have successfully sued trespassers in order to protect their lands from illegal encroachment and the unique role of the United States in protecting Tribal homelands — which makes the federal government’s trespass on Tohono O’odham land especially alarming.

“Historically, the courts have recognized that trespass claims are essential in protecting Tribal lands and interests and maintaining Tribal sovereignty,” said NARF Attorney Joel West Williams. “This filing shows that Tribal Nations are again unified in defending their lands from invasion and protecting their sacred places from haphazard destruction.”

About the National Congress of American Indians:


Founded in 1944, the National Congress of American Indians is the oldest, largest, and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of Tribal governments and communities, promoting strong Tribal-federal government-to-government policies and a better understanding among the general public regarding American Indian and Alaska Native governments, people, and rights. For more information, visit 

About the Native American Rights Fund (NARF):


NARF is a non-profit 501c(3) organization dedicated to defending and asserting the legal rights of Native Americans. Since 1970, the Native American Rights Fund (NARF) has provided specialized legal assistance to Tribal Nations, organizations, and individuals nationwide on the most important issues to Native Americans. In hundreds of major court cases, legislation and inter-governmental agreements, NARF has achieved significant results in critical areas such as Tribal sovereignty, treaty rights, natural resource protection, voting rights, and Indian education. Like us 

 to learn about the latest fights to promote justice for Native Americans.

Tribal Nations Oppose Federal Government’s Trespass in Border Wall Case

 The National Congress of American Indians (NCAI) welcomed the opportunity for Tribal leaders to engage directly with senior officials from the U.S. Department of Justice (DOJ) during a Tribal Leader Roundtable focused on public safety, justice, and the resilience of Tribal communities.

Convened by DOJ, Tribal leaders assembled for a direct, candid discussion about the public safety challenges facing Tribal Nations and the federal government’s responsibility to support strong Tribal justice systems. NCAI’s long-standing relationship with DOJ helped facilitate this dialogue and reflects the importance of sustained government-to-government engagement between Tribal Nations and the federal government.

“Public safety is foundational to sovereignty. Tribal Nations must have the authority, resources, and partnerships necessary to protect our people and keep our communities safe,” said NCAI President Mark Macarro. “We appreciate the Department of Justice for bringing Tribal leaders to the table for a direct conversation about what is working, where there are gaps, and what needs to change. Tribal leaders must always be part of developing solutions that affect the safety, sovereignty, and well-being of our communities.”

For Tribal Nations, public safety and justice encompass far more than just law enforcement. Effective community safety relies on strong Tribal governments, fully resourced justice systems, the ability to exercise inherent Tribal jurisdiction, and meaningful partnerships with federal, state, and local governments.

The roundtable highlighted several issues that remain critical to improving the quality and resilience of public safety and justice systems in Indian Country, including:

 Ensuring Tribal Nations have the authority and capacity to exercise jurisdiction and protect their citizens and communities.

Tribal law enforcement and justice infrastructure:

 Providing adequate resources for Tribal police departments, courts, detention and corrections systems, prosecutors, victim services, and other components of Tribal justice systems.

 Improving coordination among Tribal, federal, state, and local law enforcement while ensuring federal agencies meet their public safety responsibilities to Indian Country.

 Strengthening responses to domestic violence, sexual violence, trafficking, violence against children, and other crimes that disproportionately affect Native communities.

Missing and Murdered Indigenous People (MMIP):

 Improving investigative coordination, information sharing, case resolution, and support for families and communities affected by the MMIP crisis.

Access to critical information and technology:

 Expanding Tribal access to criminal justice information systems and tools that enable Tribal governments to better protect their communities.

 Supporting Tribally led approaches that strengthen families and communities and address the conditions that contribute to violence and victimization.

“Tribal Nations have always understood that community safety is rooted in strong families, strong communities, and strong governments,” said Macarro. “Our justice systems must have the resources and authority to effectively serve our communities, and our federal partners must recognize that Tribal leaders are essential to developing solutions that work in Indian Country.”

NCAI appreciates the Department of Justice’s willingness to engage directly with Tribal leaders and remains committed to strengthening the government-to-government partnerships necessary to advance public safety and justice throughout Indian Country.

NCAI Statement on DOJ Tribal Leader Roundtable on Public Safety and Justice in Indian Country

Jacqueline Pata, Executive Director of the National Congress of American Indians, released the following statement on Matt Lauer’s use of the phrase “Indian Giver” on NBC’s TODAY:

“Matt Lauer of NBC’s TODAY, an international media personality, made irresponsible comments on the global stage of the 2012 Olympic Games when he used the phrase “Indian Giver” during NBC’s morning coverage of the London Olympics. These comments were not in the spirit of the Olympic Games, nor civil discourse.

Mr. Lauer’s misinformed choice of words reinforces archaic and hurtful racial stereotypes that date back to colonial America. Early commerce between tribal nations and colonial settlers required the value of goods exchanged to be of equal or greater value, or the trade was not deemed acceptable. Some colonial traders who did not uphold this ethic used this phrase to discredit tribal nations and Native traders. Now, the pejorative phrase has become associated with a person who takes back a gift. This misrepresents the original and modern cultural values of Native Americans, based on fair trade, sharing, and empowering those around them.

Native Americans have made and continue to make significant contributions to North American society and the global community – including in sports and athletics.

In London, a number of Native American athletes are competing in the 2012 Olympics including; 

, a member of the Citizen Band Potawatomi tribe of Oklahoma - synchronized duet technical swimming - and 

 a Native Hawaiian, competing as the goalie for the U.S. National Water Polo team.

It’s noteworthy that 2012 also marks the 100th anniversary of one of the more memorable Olympic moments when Jim Thorpe, a Native American considered the best athlete of the 20th Century and an All-American hero, was called the “greatest Athlete in the world” by the King of Sweden. This happened when the King of Sweden gave Thorpe of the Sac and Fox Nation, his gold medals for placing first in game’s the pentathlon and decathlon competitions. Since 1912, no other athlete has accomplished this feat.

Matt Lauer can still have his great Olympic moment and exhibit true Olympic spirit by educating NBC’s global audience about the important place of Native American’s in society and sports. Like so many athletes are doing every day in London, we hope he rises to the moment. ”

Matt Lauer’s Comments “Not in the Spirit of the Olympics,” says the National Congress of American Indians;

NCAI President Jefferson Keel Statement of Support for Nomination

Yesterday, the White House announced the nomination of Kevin Washburn to serve at the Department of Interior as the next Assistant Secretary for Indian Affairs. Professor Washburn is the Dean of the New Mexico School of Law, and a pre-eminent scholar on federal Indian law and policy with a particular focus on law enforcement. Washburn worked closely with NCAI in the development of the Tribal Law and Order Act of 2010. Washburn is a citizen of the Chickasaw Nation of Oklahoma. NCAI President Keel offered his strong support for Washburn's nomination.

"Kevin is a member of my tribe, the Chickasaw Nation, and we have known each other for many years. He has had a remarkable career, and I am very confident in his abilities," said Jefferson Keel, President of NCAI and the Lt. Governor of the Chickasaw Nation. "Law enforcement and trust reform will be two of the most important issues for the BIA in the coming years. Kevin's experience as a federal prosecutor will be a great benefit. I am also very glad that he has extensive management experience as Dean at the University of New Mexico. The BIA is moving toward a new era as a partner with tribal governments, and I believe that Kevin will be a very strong leader. "

From the White House Press Release: Kevin K. Washburn is Dean of the University of New Mexico School of Law, a position he has held since June 2009. Prior to that, he served as the Rosenstiel Distinguished Professor of Law at the University of Arizona James E. Rogers College of Law from 2008 to 2009 and as an Associate Professor of Law at the University of Minnesota Law School from 2002 to 2008. From 2007 to 2008, Mr. Washburn was the Oneida Indian Nation Visiting Professor at Harvard Law School. Previously, he served as General Counsel for the National Indian Gaming Commission from 2000 to 2002, and as an Assistant United States Attorney in Albuquerque, New Mexico, from 1997 to 2000. Mr. Washburn was a trial attorney in the Indian Resources Section of the U.S. Department of Justice from 1994 to 1997. Mr. Washburn is a member of the Chickasaw Nation of Oklahoma. He earned a B.A. from the University of Oklahoma and a J.D. from Yale Law School.

President Obama Nominates Kevin Washburn to be Assistant Secretary for Indian Affairs;

President Barack Obama signs H.R. 205, the HEARTH Act of 2012, in the Oval Office, July 30, 2012. Standing behind the President, from left, are: Bryan Newland, Senior Policy Advisor at the Department of the Interior; Governor Randall Vicente, Pueblo of Acoma in New Mexico; David Hayes, Deputy Secretary of the Department of the Interior; Jefferson Keel, President of the National Congress of American Indians; Rep. Martin Heinrich, D-N.M.; Sen. Daniel Akaka, D-Hawaii; interior Secretary Ken Salazar; Cheryl Causley, Chairperson of the National American Indian Housing Council; Governor Gregory Mendoza, Gila River Indian Community of Arizona; and Del Laverdure, Acting Assistant Secretary of the Department of the Interior.

Washington, D.C. - NCAI President Jefferson Keel witnessed and applauded President Obama signing the HEARTH Act into law today.

"This is a very good new law for tribal self-determination. The law provides that Indian tribes will be able to lease their lands for up to 25 years without the need for Interior approval. This will streamline business development and housing development and create jobs on reservations across the country," President Keel said.

In a statement released following the passage of the legislation

 on July 18, 2012, Keel praised the praised the unanimous support for the HEARTH Act in both the House and Senate as an example of strong bipartisanship upholding the federal trust responsibility.

The White House released details of the signing event today on the White House blog in a post titled, 

Strengthening Tribal Communities Through the HEARTH Act

President Obama Signs HEARTH Act

Washington, D.C. – On Tuesday July 17 the Senate passed by unanimous consent, H.R. 205, the Helping Expedite and Advance Responsible Tribal Homeownership (HEARTH) Act. The bill, considered critical to tribal self-determination related to leasing tribal lands and economic development, passed the House of Representatives in May, and is expected to be signed by the President in the near future. A copy of the legislation is found 

The HEARTH Act authorizes surface leasing of tribal lands without needing to obtain direct approval from the Secretary of the Interior. Instead, tribal leases can be approved by the tribe under tribal leasing regulations. The new law will enable tribes to move much more quickly on leasing and economic development, while maintaining the Secretary’s trust responsibility to oversee trust lands.

“The HEARTH Act had strong bi-partisan support. It’s unanimous passage demonstrates that Congress can make progress on important legislation for Indian Country to help create jobs and improve the economy, ” said Jefferson Keel, President of the National Congress of American Indians (NCAI). “This new law will speed housing and other development on tribal lands because we can do it ourselves under tribal government regulations. NCAI is very appreciative of Representative Heinrich and Senator Barrasso for taking the lead introducing the HEARTH Act in the House and Senate. We also appreciate the strong support from the Administration. Working together with the National American Indian Housing Council (NAIHC) and many tribal leaders, the bill passed with unanimous support in both the House and Senate, such incredible support and many sponsors on both sides of the aisle.”

NCAI Praises Passage of HEARTH Act, Tribal Self-Determination in Land Leasing Bill Passes House and Senate Unanimously; President Obama to Sign Legislation

US Senator Daniel Akaka stands with Native women advocates during a rally for passing a comprehensive VAWA reauthorization.

Standing with Senator Akaka, from left to right, are Jacqueline Agtuca, Public Policy Director, Clan Star, Juana Majel Dixon, NCAI First Vice President, Deborah Parker, Tulalip Tribes Vice President, and Terri Henry, Co-chair of the NCAI Task Force on Violence Against Women and Councilwoman for the Eastern Band of Cherokee Indians.

Washington, D.C. – Throughout last week, NCAI’s prominent female leaders and advocates for protecting Native women came to Washington, D.C. from across Indian Country to deliver a powerful message to decision makers on Capitol Hill: protect Native women and pass VAWA now. During the week, tribal leaders and representatives, including members of NCAI’s Task Force on Violence Against Women, met with legislators and held public events to raise awareness about the Violence Against Women Act (VAWA) legislation.

The group, led by co-chairs of NCAI’s Task Force on Violence Against Women, Juana Majel Dixon and Terri Henry visited members of Congress from in both chambers and from both sides of the aisle – including Senator Patrick Leahy (D-VT), Senator Patty Murray (D-WA), Rep. Darrell Issa (R-CA), Rep. Tom Cole (R-OK), Rep. Sandy Adams (R-FL), and Rep. Nancy Pelosi (D-CA). The tribal leaders delivered a simple message: “Pass a VAWA that protects all victims now!” in hopes that the Senate will resolve the procedural problems in S.1925 and bring a bill that protects Native victims to the discussion table with the House.

The week of events also included a rally in which tribal leaders, members of Congress, advocates, and allies gathered on Capitol Hill to stand in solidarity against the 

- a version of the VAWA that excludes protections for certain groups of victims, including Native Americans. The rally marked the start of the national “

the National Task Force to End Sexual and Domestic Violence Against Women

. Throughout the ten day period, ally organizations and advocates promised to work to raise awareness about the importance of an inclusive version of the bill, urging Congress to support a VAWA that protects all women.

“If Native American rights and tribal provisions are not put into the current VAWA, as they were in S. 1925, we will all pay a price- not just the Native Women,” NCAI’s First Vice President Juana Majel Dixon remarked, “We can save VAWA now.”

Advocating and Protecting Native Women; NCAI Violence Against Women Task Force Leads VAWA Meetings on Capitol Hill

Washington, DC – In a 5-4 decision the Supreme Court has upheld the constitutionality of the Affordable Care Act (ACA), affirming the permanent reauthorization of the Indian Health Care Improvement Act (IHCIA) which passed along with the ACA.

“This is an important step for health care in Indian Country; the permanence of the Indian Health Care Improvement Act has been affirmed and NCAI will stay focused on working with all members of Congress to uphold the trust responsibility to tribes,” said Jefferson Keel, President of NCAI, the nation’s oldest and most representative American Indian and Alaska Native advocacy organization. “Moving forward, we are focused on improving health care for Indian Country, while ensuring the Indian Health Care Improvement Act remains protected and implemented as enacted.”

The IHCIA permanently authorizes daily health care delivery to nearly 2 million American Indians and Alaska Natives served by the Indian Health Service (IHS), who are in critical need of improved health care services. A snapshot of health conditions highlights the critical need for improving health care in Indian Country; Native people suffer from higher rates of diabetes and related illness, heart disease, and substance abuse than any other group.

The IHCIA authorizes new programs within the IHS to ensure the Service is more equipped to meet its mission to raise the health status of American Indians and Alaska Natives to the highest level.
For example, it includes:

Authorities for new and expanded programs for mental and behavioral health treatment and prevention;

Expanded authorities for long-term care services, including home health care, assisted living and community-based care;

New authorities for development of health professional shortage demonstration programs;

Expanded authorities for funding of patient travel costs;

New authorities for demonstration projects for innovative health care facility construction;

New authorities for the provision of dialysis services;

Improvements in the Contract Health Services program, which pays for referrals;

New authorities for facilitation of care for Indian veterans; and

New authorities for urban Indian health programs.

The passage of the IHCIA on March 23, 2010 represented a fourteen year-long effort by NCAI, tribal leaders, and advocates to make permanent the legislative commitment by the federal government to deliver health care for American Indian and Alaska Natives. The IHCIA was originally passed in 1976 and last reauthorized in 2000.

Indian Health Care Improvement Act Permanent; Supreme Court Decision Upholds Reauthorization

Lincoln, NE – Access to voting and voter registration for Native Americans is nearing a “civic emergency” and the nation’s leading tribal advocacy organization has called for immediate action. Addressing tribal, state, and federal government officials, Jefferson Keel the President of the National Congress of American Indians (NCAI), outlined a set of solutions to increase access to the ballot box and voter registration for American Indian and Alaska Native voters. In addition to grassroots voter registration efforts, Keel called for the Indian Health Service (IHS) facilities to be added to the list of federal and state government service providers, which serve as voter registration sites.

“Over the last century since securing our rightful place at the ballot box, Native people have remained one of the most disenfranchised group of voters in the United States. Today as a result, two out of every five eligible American Indian and Alaska Native voters are not registered to vote, in 2008 over 1 million eligible Native voters were unregistered,” said Keel, President of NCAI, the nation’s oldest and most representative tribal advocacy organization. “This should be considered a civic emergency – we should all be concerned: American Indians and Alaska Natives, tribal governments, state and federal governments, ordinary citizens. Today I’m offering a set of concrete actions we can take now to change this situation.”

Early in 2012, during NCAI’s State of Indian Nations Address, Keel called for the largest Native turnout in history. In remarks delivered at NCAI’s Mid Year Conference, he focused on the role of everyday citizens to register voters and that call for Indian Country to participate in Native Vote, NCAI’s national non-partisan campaign. In his address he highlighted three opportunities for tribes and Native citizens to make Indian Country’s voice heard in 2012 and beyond.

Keel announced a new partnership with national non-profit Rock the Vote, a partnership that allows the Native Vote campaign to provide resources for online voter registration through NativeVote.org. Keel also announced, “Rock the Native Vote Youth Week” September 24-28, 2012, coinciding with National Voter Registration day on September 25. The week of events across the country will engage tribal schools and Native youth programs in a range of civics education, including a tribal specific supplement to Rock the Vote’s Democracy Day class. Participants, such as local chapters of Boys and Girls Clubs of America, will educate Native young people about the power of civic engagement and the importance of registering their parents, family members, and one day, themselves, to vote.

He also highlighted the “Tools for All” partnership initiated with State Voices – a national civic engagement network. The partnership offers the chance for tribes to access voter outreach tools that can identify tribal members who need to register and encourage all tribal citizens to make their voice heard.

“Finally and most importantly, our federal and state government partners should provide the same voter registration services offered in other government facilities. That’s why today I’m calling for state election officials to work with tribes and the federal government to ensure tribal citizens are offered the chance to vote when they visit an add Indian Health Service (IHS) facility,” stated Keel.

President Keel cited a new report released by D?mos, a multi-issue national organization, outlining Native voter disenfranchisement and proposing IHS facilities as logical sites for voter registration. The report, 

Ensuring Access to the Ballot for American Indians & Alaska Natives: New Solutions to Strengthen American Democracy

, states that “Appropriate IHS facilities should be designated as official voter registration agencies along the same lines as state based public assistance agencies are now designated under the National Voter Registration Act (NVRA).

Keel announced he is sending a letter in support of the idea directly to every individual IHS facility, along with a copy of the report.

In the letter, Keel writes, “The Indian Health Service is a key agency in delivering on the federal government’s trust responsibility to tribes. As outlined in the report, IHS facilities, conveniently and centrally located in many tribal communities, are ideal voter registration sites. Joining other federal and state agencies in offering this service to clients will make a large impact in tribal communities, in the national Native Vote and in furthering the fulfillment of the federal trust responsibility.

President Jefferson Keel final remarks as delivered.

Access to Elections and Voter Registration a “Civic Emergency” for Native Americans says NCAI President

WASHINGTON, D.C. – Jefferson Keel, President of the National Congress of American Indians (NCAI), made the following statement in honor of Memorial Day.

“This Memorial Day, we again pay our respect to those members of the United States military, both Native and non-Native, that have passed on and who served with great honor to protect our lands and our nations. Service is one of the most honorable callings and for over a century Native men and women have offered their lives to ensure brighter days for future generations,” said Keel, President of NCAI and a veteran with over 20 years of active duty service in the United States Army. “Today, Native Americans continue to serve in distant lands, however upon returning home they face even greater challenges. Too often services to which Native veterans are entitled fall short of meeting their needs and are less adequate than those provided to their non-Native counterparts. It is our duty to protect and serve those who have served us with such honor. On this Memorial Day, we call on the United States and tribal nations to honor those veterans who have passed on, by supporting those veterans who have returned.”

NCAI is currently working to secure resources to enable tribal communities to establish Veteran Treatment Courts, an important tool in supporting veterans; to increase the number of tribal Veteran Service Officers; to increase funding for VA tribal home-loan programs and the homeless veteran initiative; and to collaborate with the Department of Defense and Veterans Affairs to ensure effective consultation with tribal nations.

Updated – Native Service by the Numbers


Hundreds of thousands of tribal members have served in the U.S. military in the last century, including the recent engagements in Iraq and Afghanistan. As of March 2012 the Pentagon estimates that since 2001, 64 American Indians and Alaskan Natives have died fighting in Afghanistan and Iraq (42 in Operation Iraqi Freedom; 22 in Operation Enduring Freedom (Afghanistan)).

The Pentagon also reported in March that 22,248 American Indian/Alaska Natives (AI/AN) currently serve in the military (active duty). Native personnel serve across the Armed Forces at the following levels; Army: 4,404; Navy: 13,511; Marine Corps: 2,128; and Air Force: 2,205.

The 2010 U.S. Census estimates that there are currently 156,515 American Indian and Alaska Native veterans. (Source: 2010 American Community Survey for the American Indian and Alaska Native alone population)

According to Department of Veteran Affairs, in 2006 more than 36,000 female veterans are AI/AN, representing almost 10 percent of all AI/AN veterans, and nearly twice the national average (6 percent of women in the overall population are veterans).


President Keel, serving his second term as President of NCAI, is a retired U.S. Army officer with over 20 years active duty service. He also serves as the Lt. Governor of the Chickasaw Nation.

During his military service, he served two extended tours of combat duty as an Infantryman in Vietnam, and received numerous awards and decorations for heroism, including two Purple Hearts, the Bronze Star with "V" for valor, and the Army Commendation Medal with valor. He is a former Airborne Ranger, infantry platoon sergeant and platoon leader, and served as an instructor in the elite U.S. Army Rangers. In June 2011, Jefferson Keel was one of three former service members inducted into the Military Memorial Museum Hall of Honor.

Native Military Service and Memorial Day; Statement by NCAI President Jefferson Keel

Washington, DC – The U.S. House of Representatives voted and passed a version of the Violence Against Women Act (VAWA) reauthorization - HR 4970 - without any of the key tribal jurisdictional provisions intact. The National Congress of American Indians (NCAI) has serious concerns about the alternative provisions contained in the House bill and is calling on the House and Senate to restore the bipartisan and constitutionally sound tribal provisions in the Senate version of the bill, S.1925, that create local solutions to the epidemic of domestic violence experienced by Native women.

“Native women aren’t safer as a result of the passage of HR 4970. In fact, the tribal provisions included in this bill create additional hurdles for Indian women seeking protection from violence on tribal lands, and that is unacceptable,” said Juana Majel-Dixon, 1st Vice President of the National Congress of American Indians (NCAI) and co-chair of the NCAI Task Force on Violence Against Women. “Indian Country supports the bipartisan Senate VAWA bill, which contains constitutionally sound tribal provisions that provide local solutions that will deliver long-overdue justice to Native women and safety to tribal communities.”

Passed by a vote of 222-205, the tribal provisions included in HR 4970 would be a step backward in contrast to the bipartisan Senate VAWA bill, supported by NCAI and tribes across the country. Over the past few days, H.R. 4970 has been amended to include provisions that have the potential to cause great confusion surrounding tribes' authority to issue civil protection orders and that could further endanger Native victims.

HR 4970 would “federalize” the issuance and enforcement of protection orders for Native victims, authorizing Indian victims of domestic violence or Indian tribes on behalf of Indian victims to seek protection orders from U.S. district courts against suspects of abuse. This approach fails to address the crux of the problem - a lack of local authority to handle misdemeanor level domestic and dating violence when the perpetrator is non-Indian. The legislation passed by the House is drafted in a way that undermines the safety and autonomy of victims.

On the other hand, S.1925 contains key tribal provisions that would empower the governmental authorities closest to the alleged criminal activity—tribal police and courts—to intervene early in acts of domestic violence committed by non-Indians within the tribe's territory, before the violence escalates to the point of serious assault or homicide. These provisions are limited in scope, do not infringe on existing federal or state court jurisdiction, and defendants who stand trial before a tribal court would have the full panoply of constitutional rights.

House Passes VAWA with Weakened Tribal Provisions; NCAI Voices Serious Concerns Regarding HR 4970

HEARTH Act Passes House of Representatives 400 to 0

Washington, DC - In good news for Indian tribes, last night the House of Representatives unanimously passed H.R. 205, the Helping Expedite and Advance Responsible Tribal Homeownership (HEARTH) Act. The legislation will amend the Indian Long-Term Leasing Act of 1955 to authorize surface leasing of tribal lands under tribal leasing regulations, which would be approved by the Secretary. The legislation supports tribal self-determination and will enable tribes to move much more quickly on leasing and economic development, while maintaining the Secretary’s trust responsibility to oversee trust lands. It is an extension of the Navajo Leasing Act of 2000 to all Indian tribes.

“NCAI is very appreciative of Representative Heinrich for taking the lead on the HEARTH Act and passing the bill in House with the incredible support of Representatives Hastings, Markey, Young, Boren, Cole and Kildee and all the co-sponsors,” said Jefferson Keel, President of the National Congress of American Indians (NCAI). “In the Senate the lead sponsor is Senator Barrasso with Senator Akaka and more sponsors on both sides of the aisle. This legislation has strong bi-partisan support, and offers an opportunity to keep making progress on important legislation that will help create jobs and improve the economy. I urge the Senate to take up H.R. 205 and pass it this week.”

The House bill has been sent to the Senate, where it awaits consideration. The Senate Committee on Indian Affairs has reported out the companion legislation, S. 703.

NCAI Praises House Passage of HEARTH Act, Urges Swift Senate Action

By Jefferson Keel, NCAI President
as published on 

There is a group of criminals, on Native American lands, who assault, rape, and abuse Native women and they can’t be arrested. These criminals are non-Native men. They don’t have to face a judge, spend any time behind bars, or be hounded by a criminal record. Instead they remain free to go after the next victim or the same one, time after time. Congress, the one legal body able to fix this problem, could let these injustices continue if they don’t act.

The epidemic of violence against women on tribal lands is staggering; 34% of American Indian and Alaska Native women will be raped in their lifetimes, 39% will experience domestic violence, and as a Department of Justice study found, non-Indians commit 88% of these heinous crimes. Tribal justice systems are the most appropriate entities to root out these criminals, yet they are the ones with tied hands—restricted by antiquated jurisdictional laws established the U.S. government limiting tribes from prosecuting non-Native criminals.

Over the last few weeks, we have seen members of Congress from both sides of the aisle work to pass a law that would give tribes the authority over these criminals; the Violence Against Women Act (VAWA). The proposed tribal provisions of the law, passed with bipartisan support in the Senate, are now being left out of the main House of Representatives version of VAWA. Some members of the House fear they don’t have the power to fix the problem or are afraid non-Natives will be subject to tribal law and not guaranteed their constitutional rights.

The reality is the tribal provisions of VAWA are fully constitutional and offer every safeguard provided by U.S. courts – more importantly they are vital to curtailing a very real problem.
In a recent letter to Congress, fifty leading U.S. law professors outlined their confidence in the constitutionality of the legislation. At the core of the letter, the lawyers highlighted the Supreme Court case law supporting Congressional authority and the requisite safe guards of the provisions offered to every defendant.

The Supreme Court in U.S. v. Lara, 541 U.S. 193 (2004), held that “Congress does possess the constitutional power to lift the restrictions on the tribes’ criminal jurisdiction.” Moreover, the VAWA provisions at issue are designed to catch a very narrow set of criminals, not just anyone. They are limited to only crimes of domestic violence or dating violence committed in Indian country, where the defendant is a spouse or established intimate partner of a tribal member.

Defendants prosecuted under these provisions would be entitled to the full array of constitutional protections; due-process rights, an indigent defendant’s right to appointed counsel (at the expense of the tribe) that meets federal constitutional standards, and as the proposed law states, “all other rights whose protection is necessary under the Constitution of the United States.” This includes the right to petition a federal court for habeas corpus to challenge any conviction and to stay detention prior to review, a right of which the prosecuting tribe must timely notify the defendant.

Finally, any non-Indian defendant prosecuted under these new provisions has the right to a trial by jury drawn from sources that do not systematically exclude any distinctive group in the community, including non-Indians.

These provisions offer tribal governments and the United States an opportunity to advance our cause together and root out this epidemic of violence. If Congress removes the restrictions placed on tribal governments, tribal law enforcement, and tribal courts, Native and non-Native communities alike will have the means to protect our women and remove criminals from our lands.

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