 voting rights organizations’ an emergency restraining order restricting the United States Postal Service (USPS) from implementing its 

. If the order is lifted, the rule will have immediate effects in Indian Country, including new USPS requirements for outbound federal ballot mail complicating nontraditional tribal addressing systems, and exacerbating technological challenges posed by limited and unreliable internet access on Tribal lands, amongst others. USPS declined to engage in Tribal consultation pursuant to 

. It also declined to conduct a Tribal impact assessment of the rule’s implementation, as previously 

requested by the National Congress of American Indians (NCAI)

League of Women Voters of Massachusetts v. Trump

 blocked USPS from implementing Section 3 of 

, which governs voting by mail. On August 24, the U.S. Supreme Court stayed a separate order in 

 blocking implementation of the executive order, finding that the challenge was premature because USPS had not yet issued its final rule. On August 26, the 

 injunction was vacated, allowing plaintiffs to amend their complaint following the USPS issuance of the final rule. The plaintiffs sought emergency relief, which remains in effect pending briefing on the preliminary injunction. A hearing has been set for September 3, 2026.

“American Indian and Alaska Native voters face chronic barriers to access the ballot box without additional last-minute, hasty changes to the federal transmission process,” said NCAI Executive Director Larry Wright Jr. “Voting by mail ensures access to the polls and is the only feasible option in many rural Tribal communities, despite longstanding problems with USPS infrastructure and unreliable services. NCAI demands that the administration cease any changes to the existing processes. Creating significant confusion and administrative challenges will disenfranchise millions of voters, especially Native voters, ahead of the November election.”

On Tuesday, September 22, 2026, from 2:00–3:00 p.m. ET, a three-part 

 will begin to bolster Native civic engagement, elevate voter rights information, and discuss timely issues affecting participation across Indian Country. The first webinar in the series, 

NCAI Native Civic Power Series: Sovereignty at the Ballot Box

will focus on recent issues that Native voters face to access the ballot box, how to mobilize the Native vote, and opportunities to participate in civic engagement prior to the November election. It will also provide practical information and resources for advocates to make their voices heard through civic engagement activities. 

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 Continues to Monitor Federal Court Order Restricting USPS Mail Ballot Rule Implementation Before November Elections

National Association of Tribal Historic Preservation Officers

United South and Eastern Tribes Sovereignty Protection Fund

 issue this joint statement to record our strong and unified position in support of the protection of the Section 106 process of the 

National Historic Preservation Act (NHPA)

 and the fulfillment of the federal government’s trust and treaty obligations to Tribal Nations. The Section 106 process provides Tribal Nations with an important seat at the federal decision-making table, helping the federal government avoid harming cultural heritage sites and uphold its legal obligations while streamlining permitting. Doing so would help to avoid costly delays that can arise when these considerations are not taken into account from the beginning.

On July 24, 2026, the Advisory Council on Historic Preservation (ACHP) voted 15-5, with two abstentions, to advance proposed revisions to the regulations implementing the Section 106 process at 

. Our organizations strongly oppose this rulemaking and believe it should not move forward in its current form. The proposed revisions are now undergoing executive branch review before being published as a proposed rule. As proposed, the revisions violate the United States’ trust and treaty obligations, exceed the boundaries of administrative authority, and attempt to alter responsibilities established by federal statute.

The Section 106 process reflects Congress’s recognition that federal agencies should understand the consequences of their decisions before historic and culturally significant places are damaged or lost. For Tribal Nations, the Section 106 process is inseparable from their inherent sovereignty, the unique legal and political relationship between Tribal Nations and the United States, and the trust and treaty obligations owed to Tribal Nations. It is for this reason that Congress included Tribal Nation-specific provisions within the NHPA. Federal decisions affecting sacred places, ancestral lands, burial places, traditional cultural places, cultural heritage, and cultural landscapes implicate these unique trust and treaty obligations and political relationships, which extend far beyond ordinary stakeholder engagement. Government-to-government consultation with Tribal Nations must be understood within that distinct legal and political relationship.

The draft revisions improperly advanced by the ACHP raise significant and, in our view, illegal and disqualifying concerns about the Tribal consultation framework that these obligations and relationships require. The proposed revisions would significantly expand federal agency discretion over whether and how consultation with Tribal Nations occurs, including, for example, by narrowing when the Section 106 process is triggered for a “federal undertaking” and what qualifies as a “historic property.” The proposed revisions would also decrease the instances in which impacts on Tribal Nations’ cultural heritage are considered “effected” sufficient to trigger consideration of mitigation measures, and they would limit Tribal Nations’ participation in deciding on and carrying out mitigation measures. Conversely, these revisions would allow project applicants and other non-federal parties to assume a greater role in activities that are inherently federal functions, which are non-delegable. They would further shorten critical stages of the Section 106 process and attempt to limit judicial review.

Taken together, the ACHP’s proposed changes extend well beyond matters of regulatory procedure and raise broader questions about the implementation of responsibilities Congress established under the NHPA, including those of the ACHP, the National Park Service and other federal agencies, State Historic Preservation Officers, Tribal Nations, Tribal Historic Preservation Officers, and other participants responsible for implementing the law. The proposed changes also raise questions about the extent to which administrative revisions may alter authorities established by statute or assigned elsewhere within the federal historic preservation framework.

Additionally, although project applicants and contractors may appropriately assist federal agencies with administrative aspects of inherently federal functions, private parties are not owed trust and treaty obligations and do not share the government-to-government relationship with the United States as sovereign Tribal Nations do. The distinction between providing assistance with and input on the Section 106 process and exercising federal governmental responsibility is therefore critical. Federal obligations to Tribal Nations remain regardless of who is seeking approval for an undertaking.

While efficient and predictable federal decision-making is an important policy objective, meaningful Tribal consultation and the historic preservation review it supports are not sources of delay when implemented correctly. When conducted early, consultation with Tribal experts can identify conflicts before substantial resources are committed, allow projects to avoid culturally sensitive places, inform alternatives, and reduce the potential for disputes, litigation, and subsequent project delays. A process that appears administratively shorter may ultimately create greater uncertainty when concerns are not identified until after significant decisions and investments have been made.

The consequences are particularly significant because damage to historic and cultural heritage is irreversible. Once a sacred place is destroyed, ancestral remains are disturbed, or a cultural landscape is fundamentally altered, consultation after the fact cannot restore what has been lost. The Section 106 process provides a mechanism for considering those consequences 

We raise these concerns while acknowledging that the Section 106 process, as it exists today, is far from a perfect safeguard. In practice, the process can be unevenly applied and vulnerable to political pressure that too often favors project proponents and federal agencies over the Tribal Nations whose irreplaceable sacred places and cultural heritage are at stake. The Section 106 process does not always protect what it should, and for this reason it must not be weakened in the manner that the proposed revisions would allow. The United States must instead remain steadfast in supporting a clear, affirmative policy of protecting Tribal Nations’ sacred places, ancestral lands, and cultural heritage — protection that a procedural review mechanism like the Section 106 process can help support.

As federal policymakers continue to consider matters involving federal permitting, infrastructure, energy development, federal lands, and historic preservation, the current proposed changes to the Section 106 regulations raise important questions about the relationship between legislative action, administrative reform, and congressional intent. Central among them is whether the proposed changes to 

 remain consistent with the United States’ trust and treaty obligations and the text, structure, and purposes of the NHPA, as well as preserve the respective responsibilities Congress established within the federal historic preservation system.

The process by which these substantial changes to the Section 106 regulations were developed is also significant. ACHP members were provided roughly one week to review a nearly complete draft before the July 24 vote — without consultation with Tribal Nations — despite a more deliberative process having been contemplated earlier. Changes affecting a longstanding federal statutory framework and the federal government’s relationship with sovereign Tribal Nations warrant careful consideration and meaningful participation by, and consultation with, Tribal Nations.

For Tribal Nations, participation in this revision process cannot be reduced to ordinary public participation or stakeholder engagement through the Federal Register. Public comment and government-to-government Tribal consultation serve different purposes and fulfill different legal obligations. Consultation recognizes the sovereign status of Tribal Nations, the unique legal and political relationship between Tribal Nations and the United States, and the trust and treaty obligations owed to them. Any federal consideration of changes affecting that relationship or those obligations should preserve that distinction. Our organizations’ position is that the integrity of the Section 106 process rests on meaningful government-to-government consultation with Tribal Nations; federal accountability for carrying out consultation obligations; recognition and protection of sacred places, traditional cultural properties, and cultural landscapes; respect for the statutory responsibilities established under the NHPA; and consideration of harm to historic and cultural heritage before it becomes irreversible.

We call upon members of Congress, federal agencies, preservation organizations, state governments, Tribal Nation leaders, and the American public to recognize that what Tribal Nations work to protect ultimately benefits us all, and that future generations depend upon the choices made today. For generations, Tribal Nations have fulfilled our traditional responsibility to protect the places that define who we are as Peoples. The federal government carries its own responsibility to honor its commitments, uphold its trust and treaty obligations, and engage Tribal Nations as sovereign partners. The Section 106 revisions advanced by the ACHP fail to fulfill that responsibility.

The current debate therefore extends beyond the merits of a single proposed regulation. It concerns the continued implementation of a statutory framework established by Congress in furtherance of the United States’ trust and treaty obligations and the balance between administrative efficiency, federal accountability, sovereignty retained by Tribal Nations, and the protection of places that cannot be replaced once they are lost. Our organizations stand united in this position. We will continue to work together, and with Tribal Nations across the country, to ensure that the Section 106 process is strengthened rather than weakened, and to advance a clear federal policy that protects Tribal Nations’ sacred places, ancestral lands, and cultural heritage while preserving meaningful government-to-government Tribal consultation and federal accountability.

As this rulemaking proceeds through executive branch review and toward publication in the Federal Register, the Association on American Indian Affairs, the National Congress of American Indians, the National Association of Tribal Historic Preservation Officers, and the United South and Eastern Tribes Sovereignty Protection Fund will continue to make our position known, will mobilize Tribal Nations and allies to participate fully once the formal public comment period opens, and will pursue every avenue available to protect and mitigate harm to our shared cultural heritage. The future of the Section 106 process must be grounded in mutual respect, enforceable accountability, and genuine partnership, not administrative expediency or diminished protections.

About the National Congress of American Indians:

About the Association on American Indian Affairs:

The Association on American Indian Affairs is the oldest national Native non-profit protecting sovereignty, preserving culture, educating youth and building capacity. The Association was formed in 1922 to change the destructive path of federal policy from assimilation, termination and allotment, to sovereignty, self-determination and self-sufficiency. Throughout its more than 100-year history, the Association has provided national advocacy on watershed issues that support sovereignty and culture, while working at a grassroots level with Native Nations to support the implementation of programs that support Native Peoples. 

About the National Association of Tribal Historic Preservation Officers: 

NATHPO is a national non-profit 501(c)(3) membership organization, founded in 1998, of Tribal preservation leaders protecting culturally important places that perpetuate Native identity, resilience, and cultural endurance. Connections to cultural heritage sustain the health and vitality of Native peoples. We provide guidance to preservation officials, elected representatives, and the public about national historic preservation legislation, policies, and regulations. We promote Tribal sovereignty, develop partnerships, and advocate for Tribes in governmental activities on preservation issues. For more information visit our website at 

About United South and Eastern Tribes (USET):

Established in 1969, the United South and Eastern Tribes, Inc. (USET) is a non-profit, inter-Tribal organization serving 33 federally recognized Tribal Nations from the Northeastern Woodlands to the Everglades and across the Gulf of Mexico. USET is dedicated to enhancing the development of Tribal Nations, improving the capabilities of Tribal governments, and improving the quality of life for Indian people through a variety of technical and supportive programmatic services.

Joint Statement on Protecting Section 106 Process of NHPA

The National Congress of American Indians (NCAI) commends Minnesota Governor Tim Walz for today’s decisive action in signing 

 halting all new exploratory mining leases and operations within the Boundary Waters Canoe Area Wilderness and Rainy River Headwaters Watershed. This historic directive safeguards one of the nation's most vital ecological, cultural, and economic landscapes from irreversible industrial damage.

NCAI recognizes the Bois Forte Band of Lake Superior Chippewa, the Fond du Lac Band of Lake Superior Chippewa, and the Grand Portage Band of Lake Superior Chippewa — all signatories to the 1854 Treaty — for their unwavering leadership and commitment to protecting their ceded territory. For years, these Tribal Nations have stood alongside local communities, conservation advocates, and allied Tribal Nations to defend the Boundary Waters Canoe Area Wilderness and Rainy River Headwaters Watershed from the threat of toxic runoff, habitat fragmentation, and acid mine drainage associated with sulfide-ore copper mining. Earlier this year, the three 1854 Tribes, along with the Red Lake Nation, entered into a historic cross-border agreement with the Gakijiwanong Anishinaabe Nation (formerly Lac La Croix First Nation) in Ontario, Canada, to work collaboratively to protect treaty-guaranteed resources within the Rainy River Headwaters Watershed. Today’s executive order honors the critical importance of treaty rights and acknowledges that this pristine ecosystem is far more valuable left intact than mined for short-term gain.

“The protection of the Boundary Waters Canoe Area Wilderness and Rainy River Headwaters Watershed is not just an environmental imperative; it is a fundamental defense of Tribal sovereignty and treaty rights. While this executive order provides crucial immediate relief, it also underscores the urgency for permanent congressional action,” said Larry Wright, Jr., Executive Director of the National Congress of American Indians. Exploratory mining leads to large-scale extraction, threatening ancestral lands and the fragile ecosystem with heavy machinery and toxic chemicals. Any pollution from drilling would irreversibly damage both Boundary Waters Canoe Area Wilderness and Rainy River Headwaters Watershed. This executive order prevents devastation and safeguards our clean drinking water, protects sacred cultural sites and treaty resources in the ceded territory, and ensures the continued strength of the regional outdoor economy.

“We commend the 1854 Tribes for fiercely defending their ceded territory and the critical resources within it,” said Lenny Fineday, General Counsel of the National Congress of American Indians. “Governor Walz has demonstrated meaningful leadership by listening to Tribal Nations, respecting Tribal stewardship, and recognizing the lasting consequences these activities could have for treaty-protected lands and resources. We extend our deepest appreciation to Chairman Carlos Hernandez, Chairman Bobby Deschampe, Chairman Bruce Savage, and all the 1854 Tribal leaders for their steadfast leadership and advocacy in this fight. NCAI stands with all Tribes and First Nations within the Rainy River Headwaters Watershed and supports their efforts to secure permanent protections for these waters for generations to come.”

While this executive order is a significant step forward, NCAI remains focused on the ultimate goal: permanent federal protections for these lands, waters, and treaty-protected resources. NCAI supports the 1854 Tribes in their push for federal legislation that would permanently withdraw the Boundary Waters Canoe Area Wilderness and Rainy River Headwaters Watershed from mineral leasing and development. Guided by 

, which calls for the protection of the Boundary Waters Canoe Area Wilderness, the Rainy River Headwaters Watershed, and treaty-protected rights, NCAI will continue advocating for federal action that respects Tribal sovereignty, fulfills treaty obligations, and permanently safeguards these critical headwaters for generations to come.

NCAI Applauds Historic Executive Order Protecting the Boundary Waters Canoe Area Wilderness and Rainy River Headwaters Watershed from Exploratory Mining 

The National Congress of American Indians (NCAI) joins the Nisqually Indian Tribe and Indian Country in mourning the passing of Chairman Ellery “Ken” Choke.

Chairman Choke was a respected leader who placed his people and community at the center of his service. His leadership reflected a deep commitment to the sovereignty, well-being, and future of the Nisqually Indian Tribe, as well as a commitment to strengthening relationships throughout the South Sound region and across Indian Country.

“On behalf of NCAI, I extend our deepest condolences to Chairman Choke’s wife, children, grandchildren, extended family, the Nisqually Tribal Council, and the entire Nisqually community,” said NCAI Executive Director Larry Wright Jr., “Chairman Choke understood that Tribal leadership is grounded in service to one’s people. He carried that responsibility with dedication and advocated tirelessly for the rights, resources, and future of the Nisqually Indian Tribe. Indian Country has lost a valued leader, and we stand with the Nisqually people as they honor his life and legacy.”

Chairman Choke’s advocacy reflected many of the principles at the heart of NCAI’s mission, including defending Tribal sovereignty, protecting treaty rights and natural resources, and holding the federal government accountable for fulfilling its trust and treaty responsibilities. Most recently, he brought the Nisqually Indian Tribe’s priorities directly to Congress, where he testified in support of federal legislation to restore Tribal ownership of the Clear Creek Hatchery. This effort was rooted in self-determination, stewardship, and the protection of the Tribe’s treaty-reserved fishing rights.

His community-first approach to leadership was especially evident in his commitment to the 2026 Paddle to Nisqually. His dedication to this gathering reflected his commitment to culture, connection, and future generations.

NCAI holds Chairman Choke’s family, loved ones, and the Nisqually Indian Tribe in our thoughts and prayers during this difficult time. We honor his service, mourn his passing, and recognize the lasting impact of his leadership.

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.

NCAI Mourns the Passing of Nisqually Tribal Chairman Ellery "Ken" Choke

The National Congress of American Indians (NCAI) sent a letter to Commodity Futures Trading Commission (CFTC) Chairman Michael S. Selig formally requesting government-to-government consultation with federally recognized Tribal Nations before the Commission takes final action on its proposed amendments to Rule 40.11 concerning event contracts and prediction markets.

The proposed rule could have significant consequences for Tribal sovereignty, Tribal regulatory authority, Tribal-state gaming compacts, and the governmental revenues on which Tribal Nations rely on to provide essential services. NCAI has asked the Commission to suspend further action on the rule until meaningful consultation has occurred.

“Tribal Nations are sovereign governments, not private industry interested parties in a federal rulemaking process,” said NCAI President Mark Macarro. “A public comment period does not replace the federal government’s responsibility to engage Tribal Nations through meaningful, timely, and good-faith government-to-government consultation.”

In its letter, NCAI expressed concern that the CFTC has not conducted dedicated consultation with Tribal Nations regarding the proposed rule. NCAI emphasized that Executive Order 13175 requires federal agencies to obtain meaningful Tribal input when proposed actions may affect Tribal sovereignty, self-government, or economic interests.

The letter also underscores that Tribal gaming revenues fund health care, education, public safety, housing, infrastructure, elder services, emergency response, and cultural and language preservation. Any federal action that could affect these revenues is not simply a commercial matter—it directly affects the ability of Tribal governments to serve their citizens.

NCAI requested that the CFTC conduct formal consultation, evaluate the proposed rule’s Tribal implications, include consultation materials in the administrative record, and ensure that any final regulatory framework recognizes and preserves Tribal sovereignty and regulatory authority.

NCAI stands ready to work with Chairman Selig and Commission staff to establish an appropriate consultation process before any final rule is adopted.

NCAI encourages Tribal Nations to submit their own letters to the CFTC formally requesting government-to-government consultation in support of NCAI’s request and to strengthen the administrative record regarding this rulemaking. A template letter is available that Tribal Nations may use to submit the request to the CFTC. If you have any questions or need additional information, please contact NCAI General Counsel Leonard Fineday at lfineday@ncai.org.

NCAI Sends Letter to CFTC Chairman Requesting Formal Tribal Consultation

WASHINGTON, D.C. - As wildfires continue across the Pacific Northwest and Western U.S., the National Congress of American Indians (NCAI) extends its deepest solidarity and support to the affected Tribal Nations and communities. Tribal Nations are facing evacuations, threats to and the destruction of homes and infrastructure, and hazardous air conditions. The fires have also caused significant risks to Tribal homelands, sacred sites, and natural landscapes that have shaped and sustained Native communities since time immemorial.

“Tribal Nations are once again on the front lines – protecting their citizens, homelands, sacred places, and surrounding communities under extraordinarily difficult conditions,” said NCAI Executive Director Larry Wright Jr. “NCAI stands with every family who has been displaced, every community facing loss, and every responder working tirelessly to protect lives and lands. Federal and state agencies must act with urgency, coordinate directly with Tribal governments, and ensure that lifesaving resources and long-term recovery assistance reach affected communities without unnecessary barriers or delays.”

Tribal Nations and their citizens across the Pacific Northwest are among those facing the direct and immediate effects of these fires. Affected Tribal Nations include the Confederated Tribes of the Colville Reservation, the Confederated Tribes and Bands of the Yakama Nation, the Confederated Tribes of Warm Springs, the Confederated Tribes of the Umatilla Indians Reservation, and the Spokane Tribe of Indians. NCAI extends its deepest gratitude to Tribal fire crews, first responders, emergency personnel, volunteers, and Tribal leaders working to protect their communities and provide assistance under dangerous conditions.

Tribal Nations as sovereign governments are essential partners in emergency response and relief efforts. NCAI calls on federal and state agencies to coordinate directly with affected Tribal Nations and provide necessary emergency resources– including shelter, firefighting and prevention support, health services, infrastructure restoration, and long-term support and recovery assistance. Assistance should immediately be provided directly to Tribal Nations without unnecessary administrative burdens.

NCAI also recognizes the urgent needs of Tribal communities and encourages individuals, partner organizations, and allies to support Tribal-led relief efforts. Direct donations and other resources can help provide emergency supplies, shelter, food, and other resources needed to support communities affected by the fires.

The effects of these fires will continue for years after they are extinguished. NCAI remains committed to advocating for the Tribal and federal resources, partnerships, and assistance necessary to support Tribal communities in protecting their citizens, homelands, and cultural resources for generations to come.

Confederated Tribes of the Colville Reservation: 

https://yakama.com/programs/signal-peak-and-ransier-fire-updates/

https://www.paypal.com/ncp/payment/TUN5ZX9Q8BYF4

Confederated Tribes of the Warm Springs Reservation of Oregon Wildfire Recovery Fund:

https://www.zeffy.com/en-US/donation-form/the-confederated-tribes-of-the-warm-springs-reservation-of-oregon-ctws-wildfire-recovery-fund

American Red Cross – Washington Wildfires: 

https://www.redcross.org/donate/dr/washington-wildfires-2026.html/?alloy_redirect=eyJ2IjoxLCJhZCI6IjY3NDQyNToxOjB8MiJ9

The Native American Rehabilitation Association of the Northwest (NARA NW)

collecting emergency supplies to support relatives and families affected by the recent wildfires, including several of NARA NW staff who have lost their homes or been displaced.

Donations may be dropped off Monday through Friday from noon to 4:00 p.m. at either of the following locations:

Gresham Outpatient, 355 NW Division St., Gresham, Oregon

RiverHouse Administration,211 SE Caruthers St., Portland, Oregon

For questions or assistance, call the NARA NW Disaster Relief Line: 971-710-3116.

NCAI Stands in Solidarity with Tribal Nations Affected by Devastating Western Wildfires

Left to right: Moriah O'Brien (AIHEC), Liz Malerba (USET), Kitcki Carroll (USET), Larry Wright Jr. (NCAI), Secretary Linda McMahon (Dept. of Ed), Ahniwake Rose (AIHEC), Jason Dropnik (NIEA), Julia Wakeford (NIEA), Meghan Kearney (NCAI)

 (Coalition) met with U.S. Secretary of Education Linda McMahon as part of the ongoing efforts to maintain and strengthen the relationship between Indian Country and the federal government, and ensure the latter upholds its trust and treaty obligations.

 from the Coalition, comprising national Native advocacy organizations that serve the majority of sovereign Tribal Nations. In the letter, the Coalition requested urgent dialogue with the Department of Education (ED) leadership. Representatives from the American Indian Higher Education Consortium (AIHEC), the United South and Eastern Tribes (USET), the National Congress of American Indians (NCAI), and the National Indian Education Association (NIEA) met with the Secretary on Wednesday.

During the discussion, the Coalition emphasized the need to protect dedicated funding streams, honor tribal sovereignty, and ensure Native students have equitable access to high-quality, culturally relevant education. The Coalition requested that Secretary McMahon issue an affirmative statement clarifying that Indian Country programs and eligible funding are not DEI, but trust and treaty obligations that the U.S. government must uphold.

Secretary McMahon recognized the importance of ongoing dialogue with Tribal Nations on issues impacting Indian education.

Coalition for Tribal Sovereignty Meets with Secretary of Education Linda McMahon

Washington, D.C. - On April 24, 2024, President Joseph R. Biden nominated Danna Jackson to serve as a federal judge in the United States District Court for the District of Montana. If confirmed by the U.S. Senate, Jackson would be the first American Indian, Alaska Native, or Native Hawaiian to serve as a federal judge in Montana.

Jackson has had a long career in public service. She has worked as a tribal attorney for the Confederated Salish & Kootenai Tribes, an Assistant United States Attorney in the District of Montana in the Indian Country Crime Unit, and in legal advisory roles for the Montana Department of Natural Resources and the United States Department of the Interior.

“NCAI is proud to support President Biden’s nomination of Danna Jackson to be the first-ever Native American to sit on the federal bench in the State of Montana,”‘ said National Congress of American Indians (NCAI) Executive Director Larry Wright, Jr. “Ms. Jackson will bring deep Indian law and policy expertise to the federal bench. NCAI urges her swift confirmation in the U.S. Senate.”

“Danna Jackson has a long track record of public service, extensive federal legal experience, and is well qualified to be a federal judge,” said Native American Rights Fund (NARF) Executive Director John Echohawk. “We commend the Biden Administration’s selection of this historic nominee and exhort her confirmation. She will be a strong addition to the federal judiciary in Montana.”

“Inclusion of Native Americans in the courts that preside over matters in Montana is critically important to advancing trust in the judicial system and the rule of law. Danna Jackson’s deep experience in Montana in criminal and civil matters and her connections to the communities she has served her whole career will be a great asset to the court,” said Matthew Archer-Beck, President of the National Native American Bar Association (NNABA).

Jackson is the fifth judicial nomination by President Biden of a Native American to the federal bench. NARF, NCAI, and NNABA have long advocated for increasing Native representation in the federal court system. It is imperative to have federal judges who understand the unique relationship between the United States and Tribal Nations and who reflect the diversity within the districts that they serve.

Founded in 1944, the National Congress of American Indians (NCAI) is the oldest, largest, and most representative American Indian and Alaska Native organization in the United States. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies. NCAI promotes an understanding among the general public regarding American Indian and Alaska Native governments, people, and rights. For more information, 

NCAI, NARF, and NNABA Applaud Historic Nomination of the First Native American to the Federal Bench in Montana

Jantzen Hale, National Congress of American Indians,


Mauda Moran, Native American Rights Fund, 

On April 12, 2024, the National Congress of American Indians (NCAI), represented by the Native American Rights Fund (NARF), 

filed an amicus brief supporting the Shoshone-Bannock Tribes

Shoshone-Bannock Tribes of the Fort Hall Reservation v. United States Department of the Interior

 in the U.S. Court of Appeals for the Ninth Circuit. The brief emphasizes the importance of the trust relationship between Tribal Nations and the United States, which requires the federal government to act in good faith and fully honor its promises to Tribal Nations.

“The Shoshone-Bannock Tribes ceded vast tracts of their homelands to the United States, but they did so pursuant to an agreement that reserved crucial rights for the Tribal Nations and their citizens,” 

said NCAI Executive Director Larry Wright, Jr.

 “Congress ratified that agreement and defined limited ways that the land could be removed from their use. It is imperative that the United States honors its legal and moral obligations by upholding the terms of this agreement.”

“The Shoshone-Bannock Tribes have long fought to protect their homelands and their treaty rights,” 

. “NARF is proud to stand with them and to echo their call that the United States must respect the sovereign-to-sovereign trust relationship that exists between the government and all federally recognized Tribal Nations. The United States is not allowed to change or reinterpret the terms of federal law and its agreement with the Shoshone-Bannock just because it is convenient for them.”

The Shoshone-Bannock Tribes brought suit in 2020 to stop the federal government’s illegal exchange of their homelands. The Shoshone-Bannock’s right to use those lands is protected under an 1898 agreement and codified in law under what is known as the 1900 Act. In 2023, the U.S. District Court rightfully found that the federal government had failed to comply with federal law, including the 1900 Act, and breached its trust responsibilities to the Shoshone-Bannock.

The federal government and the J.R. Simplot Company, the business seeking to acquire the lands, appealed that decision to the Ninth Circuit Court in 2023.

Founded in 1944, the National Congress of American Indians (NCAI) is the oldest, largest, and most representative American Indian and Alaska Native organization in the United States. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies. NCAI promotes an 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 nonprofit 501c(3) organization focused on applying existing laws and treaties to guarantee that federal and state governments live up to their legal obligations to Native Americans. Since 1970, 

 has provided specialized legal assistance to Native American Tribal Nations, organizations, and individuals nationwide to assert and defend the most important Native rights. In hundreds of major cases. 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 and protect Native American rights.

NCAI Supports Shoshone-Bannock Fight to Protect Treaty Rights and Homelands

The Native American Graves Repatriation Act (NAGPRA) addresses the treatment and repatriation of cultural items, objects of cultural patrimony, sacred objects, and human remains. Passed into law in 1990 as a result of decades of NCAI advocacy, this legislation goes a long way towards recognizing and respecting the sacred, religious, and cultural rights of American Indian and Alaska Native people. It was considered long overdue at the time of its passage and has faced significant hurdles since then.



One of the key provisions of NAGPRA establishes requirements that federal agencies and any institutions that receive federal funding, make account of any human remains, funerary objects, sacred objects, and objects of cultural patrimony that they have in their possession. The law states that they must be then repatriated to the appropriate Tribal Nations, to be cared for, and to be honored according to tribal religious practices. 



Of critical importance is that NAGPRA also includes steps for consultation and collaboration between federal agencies, museums, and Tribal representatives and communities. One of its goals is to foster communication based on respect for culture and cultural sensitivity. This process is meant to bring healing and reconciliation to Native communities. Likewise, it calls for both museums and cultural institutions to address and take stock of the historical trauma associated with the exploitation and desecration of sacred objects, burial sites, and human remains that were stolen for their own benefit.



Delving back into the NCAI archival records, we learn that the organization was a key advocate for repatriation legislation long before NAGPRA was adopted. For example, In 1986 at the Annual Convention in Phoenix, Arizona, NCAI condemned the Department of Interior policy on human remains and sacred objects that they had developed without any tribal consultation or input. Organization leaders called on Congress to create tribally focused legislation, and to “hold hearings to allow the Indian Community to present its views and recommendations.”



Then, immediately prior to the passage of NAGPRA, NCAI adopted a Resolution at the 1990 Executive Council Winter Session calling upon Congress to adopt repatriation legislation because, “the sanctity of the dead for American Indians and Alaska Natives has never been respected by the dominant, non-Indian society as evidenced by the untold thousands of deceased Native Americans that have been dug up from their final resting places and because respect for the dead is a basic human right that is fundamental to all cultures, societies and religions…”.



Working in coalition with its partners such as the Native American Rights Fund and Association on American Indian Affairs, NCAI continued its unwavering advocacy until NAGPRA was finally passed into law in November 1990. Unfortunately, despite its historic significance, NAGPRA has faced major challenges in its implementation. Many claim that the original legislation does not go far enough to address past wrongdoings, nor does it take into account the challenges of the repatriation process both in terms of legal and ethical considerations. The quest for successful implementation of NAGPRA has dragged on for 34 years.



In recent months, however, there have been some promising developments. In an April 2023 press release, NCAI commended the ongoing bipartisan effort of the U.S. Senate that was underway at the time for ensuring that, “Native American ancestral remains and cultural items are returned to their rightful owners as an essential first step towards acknowledging the historic and ongoing wrongs inflicted upon the American Indian and Alaska Native community.” In August 2023, the National Park Service announced $3.4 million in grants to 16 Tribal Nations and 28 museums to assist in the consultation, documentation, and repatriation of ancestral remains and cultural items. This is the largest amount since the grant program began.



Lastly, on December 6, 2023, the Department of the Interior announced the outcome of that work—a series of new, stricter regulations concerning the implementation of NAGPRA. The new rules are considered long overdue and are a result of Nation-to-Nation consultation. They strengthen the force of the law and include systematic processes for returning human remains, funerary objects, and objects of cultural patrimony, setting the timeline for compliance at 5 years. The goal of the regulations is to give Tribal Nations more authority in the repatriation process. Museums and federal agencies now must obtain free, prior, and informed consent from Tribal Nations and descendants before displaying or conducting research on any human remains or cultural items. In addition, museums must now be more publicly transparent about their collection holdings that are subject to NAGPRA.



News coverage across the country has reported on the response to the new NAGPRA changes announcing that museums and cultural institutions have either covered or removed their exhibits relating to Native history. For example, The American Museum of Natural History in New York closed two halls dedicated to the Eastern Woodlands and Great Plains tribal cultures. Sean Decatur, President of the Museum, explained, “The Halls we are closing are vestiges of an era when museums did not respect values, perspectives and indeed the shared humanity of indigenous peoples.”



Other institutions have responded accordingly and have removed objects on display as they await consultation with Tribal Nations. We have yet to completely see how these new regulations will play out. But the hope is they will fulfill the original intent of the legislation and not result in further delays. Secretary of the Interior Deb Haaland stated, “The Native American Graves Protection and Repatriation Act is an essential tool for the safe return of sacred objects to the communities from which they were stolen. Among the updates we are implementing are critical steps to strengthen the authority and role of Indigenous communities in the repatriation process…. Finalizing these changes are an important part of laying the groundwork for the healing of our people.”



As time goes on, NCAI will continue to advocate for the complete implementation of NAGPRA and repatriation of ancestral remains, and sacred and cultural objects, so that wrongdoings inflicted upon American Indian and Alaska Native communities are recognized and healing can begin.

 signals a rebirth of NCAI’s oldest and most continuously published membership newsletter, 

. Published for the first time in the 1940s, 

 focused on NCAI membership matters, events, people and policy issues. This newly conceived version will, instead, take a look backwards with a nod to the present. Each post will feature stories about past events, programs, and people, as well as articles on NCAI leaders throughout the years and new developments and discoveries in the archival collections.

Drawing on NCAI’s rich digital and physical archival collections, it is our hope that you will return each month to learn more about the organization’s 80 years of advocacy for Indian Country and, as a result, will also remain informed about what is happening at NCAI today.

Healing Through Restoration: The Native American Graves Repatriation Act

The NCAI 2024 Executive Council Winter Session Wrap-Up Report is Now Available!

Last month, the National Congress of American Indians (NCAI) brought together Tribal Nations from across the United States for the prestigious 2024 State of Indian Nations Address and its legislative conference, the 2024 Executive Council Winter Session (ECWS).

A standout moment of this year's conference was the 2024 State of Indian Nations address, delivered by newly elected NCAI President Mark Macarro. In his visionary speech, President Macarro outlined priorities aimed at advancing Tribal Nations' interests and strengthening nation-to-nation relationships with the United States. Throughout the week, tribal delegates also had the invaluable opportunity to hear from members of Congress and the Biden-Harris Administration, gaining insights into their strategies for addressing key challenges facing tribal communities. Read the Wrap-Up Report below to dive into the enriching discussions, impactful initiatives, and collaborative efforts that shaped this year’s ECWS.

 NCAI 2024 Executive Council Winter Session Wrap-Up Report Now Available!

On Friday, March 22, 2024, the U.S. House of Representatives passed six appropriations bills, with the U.S. Senate following suit shortly thereafter. The appropriations bills passed were:

Financial Services and General Government Appropriations Act, 2024

Homeland Security Appropriations Act, 2024

Labor, Health and Human Services, Education and Related Agencies Appropriations Act, 2024

Legislative Branch Appropriations Act, 2024

State, Foreign Operations, and Related Programs Appropriations Act, 2024

The six bills will now go to the President’s desk to be signed into law sometime this weekend.

In the upcoming weeks, NCAI will provide additional analysis of all 12 appropriations bills and the President’s Fiscal Year (FY) 2025 Budget. Below is a brief summary of some of the wins and losses for Indian Country that came out of this week’s legislation:

House, Senate Pass Remaining Six Appropriations Bills and Fund the Remainder of the Government—Many Indian Country Programs Flat Funded for FY2024

“On behalf of the National Congress of American Indians, we congratulate Lily Gladstone (Blackfeet Nation and Nez Perce) for her spectacular awards season and nomination for Lead Actress at the 96th Academy Awards. As the first Native American woman nominated for an Oscar in this prestigious category, Gladstone’s performance marks a milestone for authentic voices and representation of tribal communities in film. For too long, the narratives of Native peoples, along with our histories and stories, have been largely invisible in this country— no more. Thank you, Lily, and the Native actors, cast, and filmmakers whose efforts have made this milestone possible.”

NCAI Congratulates Lily Gladstone for Groundbreaking Achievements in Media and Film

On Wednesday, March 6, 2024, the U.S. House of Representatives passed six appropriations bills, and today, March 8, 2024, the U.S. Senate followed suit. The appropriations bills passed were:

Agriculture, Rural, Development, Food and Drug Administration and Related Agencies Appropriations Act, 2024

Commerce, Justice, Science, and Related Agencies Appropriations Act, 2024

Energy and Water Development and Related Agencies Appropriations Act, 2024

Interior, Environment, and Related Agencies Appropriations Act, 2024

Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024

Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2024

The six bills will now go to the President’s desk to be signed into law, while Congress will turn its attention to funding the remaining aspects of the federal government before current funding expires on March 22, 2024.


In the upcoming weeks, NCAI will provide additional analysis of all 12 appropriations bills as well as the President’s Fiscal Year (FY) 2025 Budget. Below is a brief summary of some of the wins and losses for Indian Country that came out of this week’s legislation:

House, Senate Pass Six Appropriations Bills and Partially Fund the Government— Indian Country Programs See Both Increases and Cuts

“The National Congress of American Indians (NCAI) mourns with profound sadness and a heavy heart the passing of its first female president, Veronica Homer (

). Her departure marks a significant loss for Indian Country, highlighting her role as both a trailblazer and a relentless advocate for the unity and strength of all Tribal Nations.At just 34, Homer broke historic barriers as the first woman to helm NCAI, setting new precedents with her visionary leadership and championing self-determination. Her lifelong dedication to serving her community and her advocacy on issues such as the federal recognition process, the restoration of traditional lands, and the protection of tribal sovereignty demonstrated her deep understanding of the challenges and opportunities facing tribal communities.


Beyond her NCAI Presidency, Homer was a symbol of grace and resilience, growing up in a family of activists on the Colorado River Indian Tribes’ Reservation and later serving as Vice Chair of the Colorado River Indian Tribes. Her roles within NCAI, including Phoenix Area Regional Vice President and Recording Secretary, underscored her relentless advocacy on behalf of Tribal Nations.

Veronica Homer was more than a leader— she was a mentor and a source of inspiration for so many of us. We send our condolences to her family, friends, and the Colorado River Indian Tribes community. May we all find comfort in knowing that her legacy of leadership, unity, kindness, and advocacy will forever resonate across Indian Country.”


NCAI Honors the Legacy of its First Female President Veronica Homer 

This legislation has gone a long way to support pay equity for women but there is still a persistent and pervasive gap across all demographic sectors of women. For example, recent research has shown that the pay gap has been closing for White women; however, for Native women, it remains at the lowest of any demographic. In fact, according to the Institute for Women’s Policy Research, as of 2021 Native women working full time only earned 59 cents as compared to white men. For all employed Native women, the statistic is even more dismal: 51 cents to every dollar, emphasizing the need for an intersectional approach to pay disparities. These figures vary across Tribal Nations and communities, and are further compounded by the lack of reliable statistical data in tribal communities.


So what does this 59-cent figure mean for Native Women? Each year, Equal Pay Days are marked for various groups. In 2023, Native Women’s Equal Pay Day was marked on November 30. This date signifies the time in the year to which Native women would have to work to catch up to the earnings of their white male counterparts. Simply put, that means it takes almost a full additional year of work for Native women to achieve salary parity. Looking more broadly, the wage gap will typically cost a Native American woman nearly $1 million over a lifetime (roughly 40 years) of work. Moreover, it unfortunately is also one of the slowest stagnating gaps, which has shown little signs of narrowing over the last decade.



While this issue is often framed as a women’s issue, it’s important to recognize that the pay gap affects everyone, not just women. According to the National Partnership for Women and Families, 64% of Native households are headed by women; and Native women are more often than not the primary breadwinners and caregivers for their families. These caregiving responsibilities often limit women’s mobility in search of better, higher-paying jobs. Understanding this larger context makes this a broader family issue that affects not only women but everyone in Native communities. It puts Native families on the front lines and at risk of poverty.



Much research has been done into why the pay disparity is so profound for Native women. The lasting impacts of colonization altered the status of women in traditionally matrilineal societies. Genocide, displacement, and misogyny are also contributing factors. The intersections of discrimination on the basis of race, ethnicity, and gender compound to create this deep pay divide amongst not only women and men, but amongst white women and women of color. Research shows that the average American woman makes 82 cents for every dollar an American man makes. In contrast, Native women only make 51 cents to that dollar, over 30 cents less. In addition, the U.S. has failed in its responsibility to collect accurate data relating to tribal communities, thereby making these pay figures difficult to track over time.


In addition to advocating for effective legislation to combat pay inequity, individual advocates and Native organizations such as NCAI recognize that other policies can contribute to strengthening the economic security of women. Promoting entrepreneurship among women and implementing mandatory paid leave policies are crucial for unlocking better opportunities. Additionally, access to affordable, high-quality child care is also important.

In his statement on the 15th Anniversary of the Lilly Ledbetter Fair Pay Act, President Biden marked the occasion by announcing new rules intended to help increase pay equity in the United States. He stated, “… my Administration will continue to call on Congress to pass the Paycheck Fairness Act, to increase pay transparency and strengthen our tools to fight sex-based pay discrimination.” 



Adopting “common sense” policies, the Biden administration then announced that the federal government is now prohibited from using the salary history of federal workers and contractors when determining pay for prospective hires. Office of Management and Budget Director Shalanda Young stated, “Relying on a candidate’s salary history can exacerbate pre-existing inequality in our pay structures and disproportionately impact women and workers of color.” This should be of some benefit to Native women, as they are employed in the federal workforce at twice the rate of their participation in the civilian labor force. Some progress is being realized, but we are still a long way off from true pay equality.

UPCOMING WEBINAR – NCAI Foundation: Strengthening Our Shared Legacy

The Executive Council Winter Session (ECWS) brings together representatives from member tribes to Washington, DC, for the purpose of planning strategy for the coming year. Although the ECWS is required by the NCAI Constitution today, this wasn’t always the case. For the first 11 years of the organization’s existence, the Council did meet, but not as required by NCAI rules. It was not until a 1955 revision of the NCAI Constitution that the organization’s governing document was amended to specifically require this annual meeting. As for the timing of the meeting, it could be anytime ‘immediately’ following the Annual Conference. Further revisions brought us to where we are today, specifying that the meeting must be held in the first quarter of each year.



Before we delve into this year’s agenda, let’s take a look back in the archives at some of the ECWS meetings from years past. The first Executive Council Winter Session meeting for which we have a detailed archival record occurred in March 1959. This meeting was at the time “the biggest in the organization’s history” with 70 delegates in attendance. These delegates represented 30 Tribal Nations and came from 11 states. In addition, six attorneys assisted with analyzing legislation, court decisions, and rulings affecting Indian communities and property.



Taking center stage that year was a newly proposed federal Indian policy known as Senate Concurrent Resolution No. 12. This proposed legislation was designed to clarify a previous piece of legislation known as House Concurrent Resolution No. 108 (adopted in 1953), which called for immediate termination of the federal government’s responsibility to Tribal Nations.



NCAI delegates in attendance agreed that this new proposal, introduced by Senator James E. Murray (D-MT) and Senator Richard Neuberger (D-OR), was necessary as it would clearly counter the unjust practices of both the United States Public Health Service and the Bureau of Indian Affairs at the time. Both agencies denied any services to individual Indians unless they lived on trust land. NCAI President Joseph Garry (Coeur d’Alene Tribe) led the discussion and attendees debated this legislation all week throughout the session and ultimately concluded that the agencies’ actions were unlawful—they were withholding services they were legally required to provide. While not explicitly stated, the delegates viewed this as a form of termination. The new proposed legislation they supported called for the reinstatement of the education and health services to the affected individuals.



Delegates in 1959 also addressed other issues at the forefront of NCAI’s advocacy. They questioned the alarming delays in the settlement of claims cases. They scoffed at the ruling that claims settlements could not be awarded to claimant’s dependents. Considering how long the cases actually took, the question of dependents’ rights to the settlements was a valid one.

Some positive applause was given to the U.S. Public Health Service and the Bureau of Indian Affairs for the increased appropriations benefitting Tribal Nations, but delegates tempered their praise with the reality of wanton closures of schools and hospitals that denied educational and health services to many Indians—especially those who were unable to travel further distances to access those services. Increased funding could only go so far if it failed to reach the people it was intended to assist!



Another timely issue on the forefront of the agenda was Alaska statehood legislation. Delegates rallied around two realities—the status of Alaska Natives would be altered when statehood became a reality, and the State would unfairly have first claim to land. The following discussions at the meeting centered around how to best protect the land rights of Alaska Natives. NCAI vowed to ensure adequate legal protection for the rights of Alaska Natives to claim their ancestral lands for future generations.



Analysis of records from later ECWS meetings shows a consistent resolve. During the Executive Council Winter Session meeting held in January 1975, delegates reviewed resolutions and charted legislative activities for the upcoming year. Forty Tribal Nations attended and listened to reports on upcoming Bureau of Indian Affairs’ programs and activities, and reviewed statements on upcoming legislation and court cases.



However, it was the recently created Indian Policy Review Commission that dominated the meeting. Established in 1975 by the U.S. Congress with the mandate to comprehensively review the relationship between Indians and the federal government, the Commission established 11 Task Forces to study specific areas of importance. As a result of the ECWS discussions, many NCAI members were identified and appointed to those Task Forces. They then contributed to the Commission’s final policy recommendation report.



Additionally, the case of whether individual Indians leasing reservation lands were subject to taxation also led to a heated conversation that year. Those individuals who were leasing land on the Fort Peck and Cheyenne River reservations for cattle ranching suddenly found themselves subject to taxation by the Internal Revenue Service.



NCAI’s position was that the lands were not taxable and therefore those levies should not apply to leaseholders. Following the meeting, the 

 featured several follow-up articles that provided greater understanding of this complex issue and that continued the conversation at subsequent meetings.

Each Executive Council Winter Session meeting’s purpose was the same—to gather at an opportune time in the new year to set the course for policy and advocacy for what was to come. While the settings, and certainly the times, have changed, some things have remained the same: the issues that have been discussed—issues of sovereignty, self-determination, governance, and protection of individual and tribal rights—have been woven into every Executive Council Winter Session meeting from the start.

History of the NCAI Executive Council Winter Session

Advocacy in Action: The Origins of ECWS

Strength in Unity: NCAI’s Treaty of Peace, Friendship and Mutual Assistance

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