Calling on the Council on Environmental Quality for Consultation on Proposed Regulation Changes Under the National Environmental Policy Act

Res #:	Committee:	Submitted by:	Title:                                 Pass →	Yes	No	Amended/Tabled	To NCAI
2020-12	Natural Resources/Lands	Taylor Aalvik	Calling on the Council on Environmental Quality for Consultation on Proposed Regulation Changes Under the National Environmental Policy Act				X

 2020 Winter Convention 

Portland, Oregon 

RESOLUTION #2020 – 12 

“CALLING ON THE COUNCIL ON ENVIRONMENTAL QUALITY FOR CONSULTATION ON PROPOSED REGULATION CHANGES UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)” 

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 (AI/AN) 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, the Council on Environmental Quality proposed major regulatory changes to the National Environmental Policy Act (NEPA) on January 10, 2020; and

WHEREAS, tribal trust resources and tribal rights could be threatened by the proposed changes to environmental review by the January 10, 2020 rule changes; and 

WHEREAS, the Council for Environmental Quality cites a need to facilitate more efficient, effective, and timely NEPA reviews; and 

WHEREAS, NEPA regulations and guidance have in fact been frequently updated with focus on clarification, timeliness, and brevity; and 

WHEREAS, the Council on Environmental Quality proposal shows an attempt to significantly restrict reviews spatially and temporally; and 

WHEREAS, the proposed changes are likely to substantially restrict environmental review and consideration of related impacts; and 

WHEREAS, the Council on Environmental Quality proposal can likely be contrary to the meaning and intent of NEPA; and 

WHEREAS, ATNI would like to understand how the Council on Environmental Quality has established its legal burden to make substantive changes to the meaning and intent of lawfully approved Congressional legislation; now 

THEREFORE BE IT RESOLVED, pursuant to Executive Order 13175, ATNI does hereby respectfully call upon the Council on Environmental Quality to consult with tribes on its regulatory proposal to change regulations under NEPA; and 

BE IT FURTHER RESOLVED, that ATNI wants to know how the proposed NEPA regulatory changes may impact treaty and/or trust resources of the tribes; and 

BE IT FINALLY RESOLVED, that ATNI is opposed to NEPA regulatory changes that would diminish protections for culturally significant resources of the Tribes. 

CERTIFICATION 

The foregoing resolution was adopted at the 2020 Winter Convention of the Affiliated Tribes of Northwest Indians, held at the DoubleTree by Hilton – Portland, Oregon, on January 27-30, 2020, with a quorum present. 

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