2026 Policy Magazine
Environmental Sustainability
NCAI’s Environmental Sustainability portfolio centers on defending Tribal sovereignty and advancing self-determined solutions to climate, all-of-the-above energy solutions, and environmental stewardship. Through coordinated policy advocacy, federal rulemaking engagement, and inter-Tribal collaboration, this portfolio ensures that national climate and energy transitions respect Tribal sovereignty, the federal trust responsibility, and the principles of FPIC. NCAI also works to secure equitable access to federal climate and energy investments, and to ensure that the Tribal decision to transition to a “green economy” does not create new “sacrifice zones” in Indian Country.
NCAI’s work is rooted in a long and consistent mandate established through member-passed resolutions, including:
Opposing Unsafe Energy Infrastructure: A long-standing mandate to oppose dangerous projects, such as the Enbridge Line 5 pipeline, that "endanger Tribal lands and resources" and threaten the Great Lakes, which hold 20 percent of the world's surface fresh water (SPO-16-003).
Defending Tribal Sovereignty over Water Quality: A multi-decade fight to affirm Tribal sovereignty in environmental regulation, including supporting amendments to the Clean Water Act to allow Tribal Nations “to be treated as states" (B-94-042), opposing any amendments that "remove Tribal authority to protect Tribal waters" (SPK-95-031), and opposing any EPA action that "infringes... on Tribal environmental regulatory authority" (PDX-20-018).
Demanding Protective Standards for Tribal Health: A clear directive to the EPA to "only approve State Water Quality Standards that Protect the Sustenance Fishing Rights of Tribal Nations" (MOH-17-048) and to oppose any EPA actions that weaken Human Health Criteria or fail to safeguard Tribal health (ABQ-19-004).
Fighting Environmental Injustice: Declaring climate change a "human rights and environmental justice issue" (DEN-07-017) and "Calling for Environmental Justice" against extractive projects, like tar-sands pipelines that threaten "unique spiritual and cultural resources" (MSP-15-040), asserting that Native Americans have carried heavy burdens caused by extractive industries, while non-Indians have realized the benefits.
Focus Areas and Goals
Climate Change Adaptation and Resilience: Securing direct, non-competitive, and flexible federal funding for Tribal Nations to develop and implement community-led climate adaptation, resilience, and relocation plans.
Environmental Stewardship: Ensuring the federal government fulfills its commitments to direct investments to Tribal Nations as communities disproportionately impacted by environmental harms. This includes demanding the "most thorough environmental review possible" for projects impacting Tribal resources, including full environmental justice analysis and support for Tribal Nations to become "cooperating agencies" in the National Environmental Policy Act (NEPA) process (MSP-15-040).
Sovereign Energy Development: Advocating for policies that require FPIC for all energy and extractive industry projects, opposing harmful hydropower and mining operations, and working to unlock federal funds for Tribally led clean energy projects.
Federal Environmental Rulemaking: Engaging in federal rulemaking to defend foundational climate regulations (such as the Endangerment Finding) and ensure the ethical inclusion of TK in EPA science.
Key Collaborations and Partnerships
Native American Rights Fund (NARF) Water Institute
Partnered with NARF’s Water Institute to co-lead policy briefings, coordinate comment letters, and establish monthly strategic meetings focused on water protection, climate resilience, and federal consultation reform.
Mille Lacs Band of Ojibwe
Forged a strong advocacy partnership with the Mille Lacs Band to combat the proposed Tamarack Nickel Project, supporting their “Water Over Nickel” campaign. This collaboration included a presentation at the Midyear Convention and Marketplace in Memphis and strategic collaboration during Tribal Impact Days.
The Wilderness Society
In collaboration with The Wilderness Society, ongoing advocacy efforts have centered on the Roadless Area Conservation Rule to ensure the continued protection of Tribal homelands, critical habitats, and cultural resources on public lands. This partnership is anchored by strategic, monthly coordination meetings designed to align broader wilderness conservation initiatives with the interests of Tribal Nations. Through these regular convenings, the focus remains on advancing Indigenous co-stewardship models, navigating federal land management policies, and ensuring that Tribal voices and environmental priorities are elevated in national wilderness advocacy strategies.
National Parks Conservation Association
In partnership with the National Parks Conservation Association, advocacy efforts have focused on opposing the proposed Ambler Road project to protect the ecological integrity of the Brooks Range, Gates of the Arctic, and the ancestral lands of Alaska Native communities. Additionally, this ongoing work involves engagement with Section 106 of the NHPA to ensure that federal agencies meaningfully consult with Tribal Nations and comprehensively evaluate the project's impacts on sacred sites and cultural resources. By aligning conservation strategies with Section 106 procedural frameworks, these joint efforts strive to uphold Tribal sovereignty, safeguard subsistence lifeways, and ensure that federal infrastructure permitting remains strictly accountable to historic and environmental preservation standards.
Associated Organizations
Alaska Native Regional Tribal Health Consortium
Climate Science Alliance
Institute for Tribal Environmental Professionals
NARF
NCN
NOAA/National Integrated Drought Information System
Pacific Northwest Tribal Climate Change Project
Tribal Emergency Management Association
Tribal Healthy Homes Network
EPA
U.S. Department of Energy
Institute for Resilient Environmental and Energy Systems at the University of Oklahoma
Alliance for Tribal Clean Energy
Associated NCAI Bodies
Associated Committees and Subcommittees:
Land and Natural Resources Committee
Litigation and Governance Committee
Energy and Mineral Policy Subcommittee
Environmental Protection and Land Use Subcommittee
Human, Religious, and Cultural Concerns Subcommittee
Trust Lands, Natural Resources, and Agriculture Subcommittee
Associated Task Forces:
Climate Action
Large Land-Based Tribal Nations Task Force
Tribal Border Task Force
Associated Legislation
NEPA (1969)
Clean Air Act (1970, amended 1990)
Clean Water Act (1972)
Safe Drinking Water Act (1974)
Resource Conservation and Recovery Act (1976)
CERCLA Act (1980)
Tribal Forest Protection Act (2004)
Energy Policy Act (2005) – Tribal Energy Provisions
Helping Expedite and Advance Responsible Tribal Homeownership (HEARTH) Act (2012)
Greenhouse Gas Reduction Fund – Tribal Climate & Energy Programs
Executive Order (E.O.) 13175 (2000) – Consultation and Coordination with Indian Tribal Governments
EPA Indian Policy
Past Year Achievements
Defending Tribal Water Rights (2025): Throughout 2025, NCAI addressed multiple agency actions that concerned Tribal water rights.
April 2025: NCAI submitted extensive comments on the Sackett Waters of the United States (WOTUS) rule, arguing that the federal trust responsibility is a separate and standalone obligation to protect Tribal water quality and treaty-protected resources.
August 2025: NCAI submitted "significant adverse comments" demanding the withdrawal of a Bureau of Land Management (BLM) Direct Final Rule that rescinded mining regulations for powersite lands. NCAI argued that the rule directly threatened federally reserved water rights affirmed by the Winters doctrine and that the BLM's failure to consult violated the new PROGRESS Act consultation framework.
Published and presented “Environmental Stewardship Brief” during the 2026 ECWS
Strengthening Federal-Tribal Consultation Through Legal Advocacy
NCAI collaborated with the NARF Water Institute through the 2025 Water Convening, which brought together Tribal leaders, advocates, and policy experts to identify shared priorities around Tribal water rights, consultation, and federal accountability. The convening strengthened coordination between NCAI and NARF on national water policy and emphasized the urgent need for stronger agency compliance with the PROGRESS Act and other consultation frameworks.
Educating on the Tribal Reserved Rights Rule (January 2025): To educate Tribal leaders and state agencies on new water protections, NCAI hosted a two-part webinar series on the EPA's new "Reserved Rights Rule". The rule mandates that states incorporate Tribal reserved rights, such as fishing, hunting, and gathering, into their water quality standards.
Defending Sacred Landscapes & Watersheds: Led national advocacy efforts to protect critical watersheds and sacred sites from extractive industries. This included issuing formal opposition and comprehensive public comments against mineral leasing in the Boundary Waters Canoe Area Wilderness and the Rainy River watershed, as well as addressing the proposed Tamarack Nickel Project in Minnesota and the Bear Lodge Rare Earth Project in the Black Hills. Our extensive policy and advocacy work against sulfide-ore copper mining in the Boundary Waters played a major role in supporting the broader coalition efforts that led to Governor Tim Walz declaring a historic moratorium on nonferrous mining in the watershed via E.O.
Alaska Outreach & Ambler Road Opposition: Spearheaded targeted outreach and coalition-building in Alaska, partnering with the Tanana Chiefs, Native Movement, NPCA, and TWS, to oppose the Ambler Road project. We mobilized during Tribal Impact Days to engage key lawmakers on the House Natural Resources Committee and the Senate Committee on Indian Affairs, challenging federal subsidies for the road, tracking Senate Bill 2554, and demanding a moratorium on exploratory activities until a full environmental impact statement is completed.
Co-Management and Public Lands: Drafted extensive public comments regarding the federal program review of subsistence management for public lands in Alaska, reinforcing the fundamental need for co-management of public lands and resources.
Federal Regulatory and Legislative Advocacy: Engaged extensively in advocacy opposing proposed rollbacks to the NEPA and Section 106 of the NHPA, hosting a national webinar on Section 106 regulatory changes that drew over 500 participants. We also organized and hosted a critical national webinar focused on defending the Roadless Rule and safeguarding protected forest lands. Additionally, we coordinated advocacy for the Tribal Emergency Response Resources Act (TERRA Act) via a national briefing and organized congressional Hill visits during September’s Tribal Impact Days.
Clean Energy and Resilience Partnerships: Forged collaborations with clean energy organizations and academic institutes, including the University of Oklahoma. We also contributed to the inaugural cohort of the Sovereign Policy Intensive to shape the next generation of Tribal leaders.
Federal Rulemaking Defense: Authored and coordinated comment letters across multiple environmental dockets, including:
EPA’s Greenhouse Gas Reporting Program Reconsideration (90 Fed. Reg. 44,591; EPA-HQ-OAR-2025-0186)
BLM’s Proposed Rescission of the Conservation and Landscape Health Rule (90 Fed. Reg. 43,990; BLM-2025-0001)
Revision of Coal Royalty under 43 C.F.R. Part 3470 (Direct Final Rule) (90 Fed. Reg. 36,122; Aug. 1, 2025)
NEPA – Department of the Army’s Interim Final Rule (IFR) Rescinding 32 C.F.R. Part 651 – Environmental Analysis of Army Actions (Docket ID: USA-2025-HQ-0003)
NEPA – Army Corps of Engineers IFR– Rescission of 33 CFR Part 230, Procedures for Implementing NEPA (Docket ID: COE-2025-0007)
NEPA – Department of the Interior’s (DOI) NEPA Implementing Regulations and Handbook of NEPA Implementing Procedures (90 Fed. Reg. 29,498; Docket No. DOI-2025-0004; 516 DM 1)
Council on Environmental Quality (CEQ)’s Removal of NEPA Implementing Regulations (90 Fed. Reg. 10,610; Docket No. CEQ-2025-0002)
Notice of Intent to Prepare an Environmental Impact Statement for the Proposed Rescission of the 2001 Roadless Area Conservation Rule (90 Fed. Reg. 42,179; Docket No. FS-2025-0001)
Significant Adverse Comments Requiring Immediate Withdrawal of the Direct Final Rule to Rescind 43 C.F.R. Subpart 3738 (Docket No. BLM-2025-0009; RIN 1004-AF25)
Formal opposition and comprehensive public comments against mineral leasing in the Boundary Waters Canoe Area Wilderness and the Rainy River Watershed
Formal public comments on the environmental impact statement scoping for the proposed Tamarack Project in Minnesota
Formal public comments concerning the Bear Lodge Rare Earth Project in the Black Hills
Extensive public comments regarding the federal program review of subsistence management on public lands in Alaska
Formal public comments advocating for the protection of the Chaco Cultural Heritage Area.
Each letter reinforced Tribal sovereignty, advanced co-stewardship principles, and underscored the federal government’s trust and consultation obligations across multiple agencies.
Next Year Goals
Looking ahead, NCAI will continue to stand alongside Tribal Nations and key partners to vigorously uphold inherent sovereignty, defend ancestral homelands, and safeguard waters. Guided by the Land and Natural Resources Committee and the Climate Action Task Force, NCAI will maintain vigilant oversight of federal clean energy legislation and environmental justice programs, holding agencies accountable to their binding trust responsibilities and statutory commitments to Indian Country. To maximize national legal and regulatory impact, NCAI will deepen its strategic alliance with the NARF’s Water Institute through regular policy coordination, united rulemaking interventions, and joint advocacy targeting water security and treaty-reserved rights. Simultaneously, NCAI will maintain an active administrative posture across the EPA, DOI, CEQ, and U.S. Army Corps of Engineers (USACE), submitting robust comments and demanding that binding co-stewardship frameworks and TK guide all federal environmental reviews.
NCAI is actively preparing for collaborative engagement with the incoming Administration in 2029. By developing forward-looking policy roadmaps, drafting executive priority briefs, and establishing early intergovernmental touchpoints, NCAI will ensure that Tribal sovereignty, land protection, and equitable climate resilience remain central, non-negotiable priorities for federal leadership from day one.
