Support for Community Driven Broadband Access

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Res #:Committee:Submitted by:Title:                                    Pass →                     YesNoAmended/TabledTo NCAI
18-46TelecommunicationDanae WilsonSupport for Community Driven Broadband AccessX

no

 2018 Annual Convention 

Worley, Idaho 

RESOLUTION #18 – 46 

“SUPPORT FOR COMMUNITY DRIVEN BROADBAND ACCESS” 

PREAMBLE 

We, the members of the Affiliated Tribes of Northwest Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants rights secured under Indian Treaties, Executive Orders, and benefits to which we are entitled under the laws and constitution of the United States and several states, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise to promote the welfare of the Indian people, do hereby establish and submit the following resolution: 

WHEREAS, the Affiliated Tribes of Northwest Indians (ATNI) are representatives of and advocates for national, regional, and specific tribal concerns; and 

WHEREAS, ATNI is a regional organization comprised of American Indians/Alaska Natives and tribes in the states of Washington, Idaho, Oregon, Montana, Nevada, Northern California, and Alaska; and 

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of the ATNI; and 

WHEREAS, many ATNI member Tribes are still lacking full broadband service that adversely impacts current and future economic development, education opportunities, fully operational public safety communications, increased businesses opportunities, efficient Tribal governmental operations and healthcare accessibility; the “digital divide” continues to grow with the unbalanced dispersion of adequate and affordable broadband services; and

WHEREAS, one of the primary obstacles is the lack of funds to invest in local, rural broadband infrastructure, which impacts the opportunity to create or negotiate with local broadband service providers; and 

WHEREAS, the Community Economic Revitalization Board (CERB) is a program that provides low-cost infrastructure financing and site-specific planning funds to local governments, special purpose districts and federally recognized Indian Tribes, to attract and retain private businesses, create permanent private jobs, and promote community economic development in Washington State; and 

WHEREAS, the new 2018-19 Rural Broadband Construction Program allows local governments and federally recognized Indian tribes to own local broadband infrastructure ,which allows the tribes to lease the infrastructure to service providers for economic development; and 

WHEREAS, the CERB is requesting $22 million to provide low-cost financing to local governments and federally recognized Indian tribes to build high-speed, open-access broadband infrastructure for rural underserved communities; now 

THEREFORE BE IT RESOLVED, that ATNI does hereby support the request for CERB to incorporate the new Administered Rural Broadband Program into CERB’s authorizing statute as a new section in RCW 43.160; this statutory language will derive from the capital proviso authorized in 2018, via Chapter 298, Laws of 2018, ESSB 6095, Section 1008; and 

BE IT FURTHER RESOLVED, ATNI supports long term funding for rural infrastructure and to include the authorizing statue to ensure the CERB Rural Broadband Program in the State of Washington for future support of community driven broadband development of tribal communication services. 

CERTIFICATION 

The foregoing resolution was adopted at the 2018 Annual Convention of the Affiliated Tribes of Northwest Indians, held at the Coeur D’Alene Casino Resort Hotel – Worley, Idaho, on September 17-20, 2018, with a quorum present. 

______________________________ ______________________________ 

Educational Broadband Service Spectrum

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Res #:Committee:Submitted by:Title:                                    Pass →                     YesNoAmended/TabledTo NCAI
18-45TelecommunicationDanae WilsonEducational Broadband Service SpectrumX

no

 2018 Annual Convention 

Worley, Idaho 

RESOLUTION #18 – 45 

“EDUCATIONAL BROADBAND SERVICE SPECTRUM” 

PREAMBLE 

We, the members of the Affiliated Tribes of Northwest Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants rights secured under Indian Treaties, Executive Orders, and benefits to which we are entitled under the laws and constitution of the United States and several states, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise to promote the welfare of the Indian people, do hereby establish and submit the following resolution: 

WHEREAS, the Affiliated Tribes of Northwest Indians (ATNI) are representatives of and advocates for national, regional, and specific tribal concerns; and 

WHEREAS, ATNI is a regional organization comprised of American Indians/Alaska Natives and tribes in the states of Washington, Idaho, Oregon, Montana, Nevada, Northern California, and Alaska; and 

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of the ATNI; now 

THEREFORE BE IT RESOLVED, that ATNI does hereby call for a tribal priority in the Educational Broadband Service, 2.5 GHz, Spectrum over tribal lands with a buildout expectation based upon attached federal funding similar to what is provided to commercial or education providers and to produce a resource of available or unused licenses over tribal lands; and

BE IT FURTHER RESOLVED, that ATNI does oppose the tribal lands designation language as it violates trust obligations for Tribes and tribal reservations and that uninhabited tribal lands must be included for current or future habitation, natural, cultural and protective preservation. 

CERTIFICATION 

The foregoing resolution was adopted at the 2018 Annual Convention of the Affiliated Tribes of Northwest Indians, held at the Coeur D’Alene Casino Resort Hotel – Worley, Idaho, on September 17-20, 2018, with a quorum present. 

______________________________ ______________________________ 

Oppose the Privatization of Municipal Watersheds

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Res #:Committee:Submitted by:Title:                                    Pass →                     YesNoAmended/TabledTo NCAI
18-43Natural Resources/LandsTaylor AalvikOppose the Privatization of Municipal WatershedsX

yes

 2018 Annual Convention 

Worley, Idaho 

RESOLUTION #18 – 43 

“OPPOSE THE PRIVATIZATION OF MUNICIPAL WATERSHEDS” 

PREAMBLE 

We, the members of the Affiliated Tribes of Northwest Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants rights secured under Indian Treaties, Executive Orders, and benefits to which we are entitled under the laws and constitution of the United States and several states, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise to promote the welfare of the Indian people, do hereby establish and submit the following resolution: 

WHEREAS, the Affiliated Tribes of Northwest Indians (ATNI) are representatives of and advocates for national, regional, and specific tribal concerns; and 

WHEREAS, ATNI is a regional organization comprised of American Indians/Alaska Natives and tribes in the states of Washington, Idaho, Oregon, Montana, Nevada, Northern California, and Alaska; and 

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of the ATNI; now 

WHEREAS, water is essential to all life; and 

WHEREAS, every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes; and 

WHEREAS, the demand for bottled water threatens the long-term ability of Municipal Watersheds to ensure a reliable source of water for residential, agricultural, and Tribal cultural uses, as well as to support salmon fisheries; and  

WHEREAS, the privatization of Municipal Watersheds threatens to ensure a reliable source of water for residential, agricultural, and Tribal uses, as well as to support the salmon fishery; and 

WHEREAS, both restrictions on bottled water production and the rejection of privatization of Municipal Watersheds are necessary to protect water supplies for present and future generations; and 

WHEREAS, water, and more broadly nature, are living beings that have the right to exist free from exploitation; now 

THEREFORE BE IT RESOLVED, that ATNI does hereby: 

 Recognize that water is essential to all life; 

 Recognizes that every human being has the right to safe, clean, affordable, and accessible water, adequate for human consumption, cooking, and sanitary purposes; 

 Recognizes the rights of nature to exist free from exploitation; and 

BE IT FURTHER RESOLVED, that ATNI opposes the privatization of Municipal Watersheds. 

CERTIFICATION 

The foregoing resolution was adopted at the 2018 Annual Convention of the Affiliated Tribes of Northwest Indians, held at the Coeur D’Alene Casino Resort Hotel – Worley, Idaho, on September 17-20, 2018, with a quorum present. 

______________________________ ______________________________ 

Opposing the Continuance of the Federal Permitting Process for the Proposed Millennium Bulk Terminal Coal Export Facility in Longview, WA

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Res #:Committee:Submitted by:Title:                                    Pass →                     YesNoAmended/TabledTo NCAI
18-42Natural Resources/LandsTaylor AalvikOpposing the Continuance of the Federal Permitting Process for the Proposed Millennium Bulk Terminal Coal Export Facility in Longview, WAX

no

 2018 Annual Convention 

Worley, Idaho 

RESOLUTION #18 – 42 

“OPPOSING THE CONTINUANCE OF THE FEDERAL PERMITTING PROCESS FOR THE PROPOSED MILLENNIUM BULK TERMINAL COAL EXPORT FACILITY IN LONGVIEW, WA” 

PREAMBLE 

We, the members of the Affiliated Tribes of Northwest Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants rights secured under Indian Treaties, Executive Orders, and benefits to which we are entitled under the laws and constitution of the United States and several states, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise to promote the welfare of the Indian people, do hereby establish and submit the following resolution: 

WHEREAS, the Affiliated Tribes of Northwest Indians (ATNI) are representatives of and advocates for national, regional, and specific tribal concerns; and 

WHEREAS, ATNI is a regional organization comprised of American Indians/Alaska Natives and tribes in the states of Washington, Idaho, Oregon, Montana, Nevada, Northern California, and Alaska; and 

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of the ATNI; now 

WHEREAS, Tribal Nations throughout the country continue to struggle to protect their lands, resources, sacred sites, and cultures in Federal permitting processes that too frequently authorize projects despite their threat to Tribes, and

WHEREAS, the tribes of ATNI have previously adopted Resolution #12-53, in September 2012, recognizing the potential negative impacts of coal export terminal proposals that have come to the Northwest; and 

WHEREAS, the tribes of ATNI have adopted Resolution #13-47, Opposing the Proposals for the Transportation and Export of Fossil Fuels in the Pacific Northwest, and Resolution #17-12, Reaffirming Opposition to Non-Refined Fossil Fuel Across and Export from the Pacific Northwest, based on the potential infringement and endangerment upon indigenous, inherent, and treaty-protected resources, impacts on human health, economies, sacred places, and our traditional ways of life; and 

WHEREAS, the State of Washington concluded within their Environmental Impact Statement that the proposed Millennium Bulk Terminal coal export facility would have significant deleterious impacts to tribal resources; and 

WHEREAS, the State of Washington denied Millennium Bulk Terminal’s application for a Section 401 Clean Water Act permit in September 2017; and 

WHEREAS, the US Army Corps of Engineers, responding to the State of Washington’s decision, suspended work on the Environmental Impact Statement, ESA, Tribal, and historic property consultations on September 27, 2017; and 

WHEREAS, Millennium Bulk Terminals has neither applied for, nor obtained, a Section 401 Clean Water Act permit since September 2017; and 

WHEREAS, the US Environmental Protection Agency has delegated Washington State with Clean Water Act authorities described in 33 U.S.C. SS1342(b)(1); and 

WHEREAS, the State of Washington’s Department of Ecology is the delegated Clean Water Act state agency as of February 4, 1987 by RCW 90.48.260; and 

WHEREAS, under Clean Water Act Section 510, an express non-preemption clause establishes that, except as expressly provided, nothing in the Act should read as limiting the States’ ability to adopt or enforce more stringent standards; and 

WHEREAS, the Clean Water Act Section 401(a) requires any applicant for a Federal license or permit, if its activity will result in a discharge into the navigable waters, to provide the licensing or permitting authority with a certification form from the State in which the discharge originates, that the discharge will comply with the Clean Water Act; and 

WHEREAS, the State of Washington has not issued a permit nor has a new application been made; and 

WHEREAS, the US Army Corps of Engineers has reopened review of the Environmental Impact Statement as well as the Endangered Species Act, Tribal and historic property consultations; and

WHEREAS, the US Army Corps of Engineers is prohibited from issuing a permit in the absence of Section 401 Clean Water Act compliance; and 

WHEREAS, Millennium Bulk Terminals has applied substantial political pressure at the US Senate level, as well as through federal and state lawsuits; and 

WHEREAS, Millennium Bulk Terminals has filed both state and federal court cases regarding the State of Washington’s authority to deny its permits; and 

WHEREAS, the courts should conclude their process prior to additional permit actions being taken; and 

WHEREAS, ATNI recognizes the US Army Corps of Engineers demonstrates the appearance of political interference in State’s rights as established by Congress; and 

WHEREAS, the US Army Corps of Engineers has not issued a public, formal legal statement in support of their actions to continue federal permitting processes; now 

THEREFORE BE IT RESOLVED, that ATNI opposes the US Army Corps of Engineers continuance of the federal permitting process for the proposed Millennium Bulk Terminal coal export facility in Longview, WA. 

DHHS Providing Meaningful Consultation Opportunities for Tribes on Family First Prevention Services Act

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Res #:Committee:Submitted by:Title:                                    Pass →                     YesNoAmended/TabledTo NCAI
18-41Indian Child WelfareGary PetersonDHHS Providing Meaningful Consultation Opportunities for Tribes on Family First Prevention Services ActX

yes

 RESOLUTION #18 – 41 

“DHHS PROVIDING MEANINGFUL CONSULTATION OPPORTUNITIES FOR TRIBES ON FAMILY FIRST PREVENTION SERVICES ACT” 

PREAMBLE 

We, the members of the Affiliated Tribes of Northwest Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants rights secured under Indian Treaties, Executive Orders, and benefits to which we are entitled under the laws and constitution of the United States and several states, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise to promote the welfare of the Indian people, do hereby establish and submit the following resolution: 

WHEREAS, the Affiliated Tribes of Northwest Indians (ATNI) are representatives of and advocates for national, regional, and specific tribal concerns; and 

WHEREAS, ATNI is a regional organization comprised of American Indians/Alaska Natives and tribes in the states of Washington, Idaho, Oregon, Montana, Nevada, Northern California, and Alaska; and 

WHEREAS, the health, safety, welfare, education, economic and employment opportunity, and preservation of cultural and natural resources are primary goals and objectives of the ATNI; now 

WHEREAS, the Family First Prevention Services Act was enacted into law on February 9, 2018, as part of the Bipartisan Budget Act of 2018 in Division E and provides new federal funding for tribes and states to support prevention services that can help families keep their children safely at home rather than having them removed and placed in foster care; and  

WHEREAS, the new law is complex and requires development of criteria for states and tribes that will determine their ability to receive the prevention services funding starting October 1, 2019; and 

WHEREAS, the law requires the Secretary of the Department of Health and Human Services (DHHS) to develop tribal specific criteria that will allow for support of cultural services; and 

WHEREAS, the development of tribal criteria is important not just for services to tribal children under tribal jurisdiction, but also for tribal children under state jurisdiction; and 

WHEREAS, tribes are working as much as possible to prepare for the new law’s implementation, but so far DHHS has not provided ample education on the law that takes into consideration unique tribal circumstances and service delivery systems and has not provided ample notice and opportunity for tribes to consult with DHHS on implementation of the law; now 

THEREFORE BE IT RESOLVED, that ATNI does hereby request that DHHS redouble their efforts to provide more effective education on the law and facilitate consultation with tribes that meets tribal needs and is in alignment with the federal-tribal government-to-government relationship; and 

BE IT FURTHER RESOLVED, that ATNI requests that the education and consultation efforts be conducted on a regional basis to provide opportunities for all tribes to participate in on site, in-person sessions.