Appointment to Tribal Transportation Coordinating Committee

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Res #:Committee:Submitted by:Title:                                    Pass →                     YesNoAmended/TabledTo NCAI
18-47TransportationKirk VinishAppointment to Tribal Transportation Coordinating CommitteeX

no

 2018 Annual Convention 

Worley, Idaho 

RESOLUTION #18 – 47 

“APPOINTMENT TO TRIBAL TRANSPORTATION COORDINATING COMMITTEE” 

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, the U.S Department of Transportation and U.S Department of Interior are now soliciting candidates for membership on the Tribal Transportation Program Coordinating Committee (TTPCC); and

WHEREAS, the responsibilities of the TTPCC are to provide input and recommendations to the Bureau of Indian Affairs ( BIA) and the Federal Highway Administration (FHWA) during the development of the Tribal Transportation Program; and 

WHEREAS, the Secretaries will accept only nominations for two tribal representatives officially selected by tribes in each of the 12 BIA regions as stated below; and 

WHEREAS, MaryBeth Frank-Clark has been officially selected by the Nez Perce Tribal Executive Committee; and 

WHEREAS, Kim Stube has been officially selected by the Cowlitz Tribe; and 

WHEREAS, the Transportation Committee unanimously recommends that MaryBeth Frank-Clark and Kim Stube serve as northwest representatives to the committee; now 

THEREFORE BE IT RESOLVED, that ATNI does hereby nominate Kim Stube and Mary Beth Frank-Clark to serve as the northwest tribal representatives on the TTPCC committee. 

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. 

______________________________ ______________________________ 

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. 

TRIBES WIN KXL ORDER IN ROSEBUD SIOUX TRIBE V. TRUMP

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December 20, 2019
Categories: Environmental Protection (Climate Change), Native Lands, Religious Rights (Religious Freedom, Sacred Places, Repatriation), Tribal Sovereignty and Jurisdiction

https://www.narf.org/keystone-xl/?fbclid=IwAR27aTbfTLiglZwCoAS3UD53TbkymwKOwiTh2mPgCLhFeDfPuAMr5A9I5iA

On Friday, December 20, 2019, NARF and their clients, the Rosebud Sioux Tribe and the Fort Belknap Indian Community (the Tribes) received some great news from a Montana court. The federal court denied the United States federal government’s and the TransCanada’s (TC Energy) efforts to dismiss the Tribes’ case against the KXL Pipeline (Rosebud Sioux Tribe v. Trump).

NARF Staff Attorney Natalie Landreth praised the decision, “The court’s decision means that ALL of the tribes’ claims on the current permits will proceed. The only claims dismissed are the ones that the Tribes conceded should be dismissed because they were based on an old permit. So this is a complete win for the tribes on the motions to dismiss. We look forward to holding the Trump Administration and TransCanada accountable to the Tribes and the applicable laws that must be followed.”

NARF Staff Attorney Matthew Campbell also reacted to the news, “Of course, the treaties were agreed to by the president of the United States and ratified by the Senate, so the treaties clearly apply. The court rightly found that today.”

#HonorTheTreaties

Learn more about Rosebud Sioux Tribe v. Trump.

Ninth Circuit Court: EPA Broke the Law, Must Plan to Reduce Columbia and Snake River Temperatures

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EPA must protect Columbia Basin salmon and steelhead from dangerously warm river temperatures

Salmon leaping over Lyle Falls, photo by Peter Marbach
Salmon leaping over Lyle Falls, photo by Peter Marbach.

December 20, 2019 (Seattle, WA)—Today, the Ninth Circuit Court of Appeals ruled in favor of conservation and trade groups and ordered the U.S. Environmental Protection Agency (EPA) to protect Columbia basin salmon and steelhead from dangerously warm river temperatures. Warm water, caused by large, shallow reservoirs and intensifying climate change, threatens the Columbia and Snake rivers’ already imperiled salmon and steelhead.

The lawsuit was sparked by record-high water temperatures in recent years, including an incident in 2015 where 250,000 adult sockeye salmon died when the Columbia and Snake rivers became too warm. This year, hot water in the lower Snake River again killed many endangered Snake River sockeye.

Columbia Riverkeeper, Snake River Waterkeeper, Idaho Rivers United, Pacific Coast Federation of Fishermen’s Associations, and the Institute for Fisheries Resources brought the suit. The court found that EPA has failed to undertake its mandatory duty to issue a temperature TMDL, stating: “The time has come–EPA must do so now.”  The temperature TMDL, or Total Maximum Daily Load, is a Clean Water Act pollution plan designed to protect salmon from hot water in the Columbia and Snake rivers. 

“Because of today’s victory, EPA will finally write a comprehensive plan to deal with dams’ impacts on water temperature and salmon survival,” said Brett VandenHeuvel, Executive Director of Columbia Riverkeeper. 

“Our members’ livelihoods depend on healthy salmon runs,” said Glen Spain, Northwest Regional Director of the Pacific Coast Federation of Fishermen’s Associations and the Institute for Fisheries Resources. “It’s simply unacceptable to let hot water kill otherwise-healthy adult salmon before they can spawn. We’re glad EPA will finally do its job.”

“Hot water in the lower Snake and Columbia rivers has been a year-in, year-out problem for endangered salmon,” said Nic Nelson, Executive Director of Idaho Rivers United. “This victory will create more protections for endangered species that are an indelible part of our northwest way of life, culture, economy, and heritage.”

“This decision represents a clear victory for critically endangered salmon and steelhead populations” said Snake River Waterkeeper Buck Ryan. “EPA must now act to protect what remains of the once-magnificent anadromous fisheries on the Snake, Clearwater, and Salmon rivers by ensuring water temperatures stay cool enough to allow passage for spawning.

Columbia Riverkeeper, Snake River Waterkeeper, Idaho Rivers United, Pacific Coast Federation of Fishermen’s Associations, and the Institute for Fisheries Resources are represented by the law firm Advocates for the West. Advocates for the West litigates to protect western public lands, waters, and wildlife.  

For more information, visit columbiariverkeeper.org, snakeriverwaterkeeper.org, idahorivers.org, pcffa.org, ifrfish.org, and advocateswest.org.

###

Resources:
Background:

The Clean Water Act bans Columbia River temperatures over 68 degrees Fahrenheit. When water temperatures reach the 70s, salmon die. In 2003, EPA studied the causes of hot water in the Columbia and Snake rivers and began developing a legally enforceable plan to fix the problem. But dam operators objected and the plan was shelved. Why? EPA found that dams are the main cause of temperature problems. Thanks to today’s ruling, EPA will have to put that plan into action and protect salmon.

What is the law?

The Clean Water Act prohibits temperature in the Columbia River from exceeding 68 degrees. The Endangered Species Act is designed to protect critically imperiled species from extinction. But the government agencies in charge of the Columbia and Snake river dams aren’t obeying the law. Today’s ruling establishes that EPA is legally obligated to write a plan to bring the rivers’ temperature back in line with the needs of salmon—and the requirements of the Clean Water Act.

Encouraging the Secretary of Energy to Expand Funding for Tribal Building Weatherization

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Res #: Committee: Submitted by: Title:         Pass → Yes No Amended/Tabled To NCAI
19-13 Energy Eddie Sherman Encouraging the Secretary of Energy to Expand Funding for Tribal Building Weatherization X


 2019 Winter Convention 

Portland Oregon 

RESOLUTION #19 – 13 

“ENCOURAGING THE SECRETARY OF ENERGY TO EXPAND FUNDING FOR TRIBAL BUILDING WEATHERIZATION” 

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 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 promote the welfare of the Indian people, do hereby establish and submit the following resolution: 

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

WHEREAS, the Affiliated Tribes of Northwest Indians is a regional organization comprised of American Indians 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 Affiliated Tribes of the Northwest Indians; and 

WHEREAS, the Energy Conservation and Production Act (“the Act”) (42 U.S.C. §6863) establishes a program for grants to Indian Tribal Organizations for weatherization; and 

WHEREAS, the Act also requires the Secretary of Energy to reserve, from amounts that would otherwise be allocated to a state, between 100% and 150% of the proportion of tribal low-income residents of a state so that tribal organizations serving low-income members (including NAHASDA) may apply for a direct grant of those funds; and 

WHEREAS, Indian housing is often in extremely cold or extremely hot areas of the United States and housing is often of poor quality and is not energy efficient and is in desperate need of funding for weatherization; now 

THEREFORE BE IT RESOLVED, that ATNI does hereby encourage the Secretary of Energy to expand funding for weatherization in Indian Country and to fully and quickly implement the provisions of the Energy Conservation and Production Act. 

CERTIFICATION 

The foregoing resolution was adopted at the 2019 Winter Convention of the Affiliated Tribes of Northwest Indians, held at the DoubleTree by Hilton – Portland, Oregon, on January 28-31, 2019, with a quorum present. 

______________________________ ______________________________ 

Leonard Forsman, President Norma Jean Louie, Secretary 

Supporting Federal Income Tax Immunity for Income Earned on Tribal Lands and Authorizing Tax Payments to Tribal Governments Instead of the Federal Government

/0 Comments/in , /by
Res #: Committee: Submitted by: Title:         Pass → Yes No Amended/Tabled To NCAI
19-12 Taxation Henry Cagey Supporting Federal Income Tax Immunity for Income Earned on Tribal Lands and Authorizing Tax Payments to Tribal Governments Instead of the Federal Government X

X

 2019 Winter Convention 

Portland, Oregon 

RESOLUTION #19 – 12 

“SUPPORTING FEDERAL INCOME TAX IMMUNITY FOR INCOME EARNED ON TRIBAL LANDS AND AUTHORIZING TAX PAYMENTS TO TRIBAL GOVERNMENTS 

INSTEAD OF THE FEDERAL GOVERNMENT” 

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, the U.S. Constitution defines a class of “Indians not taxed” to describe the status of American Indians in 1789 who were living and working within their own tribal lands under the sovereign authority of our own tribal governments and outside the jurisdiction of the United States government (U.S. Constitution, Art. I, Sec. 2, Cl. 3); and

WHEREAS, American Indians today continue to live and work on tribal lands under the sovereign authority of our tribal governments but are forced to pay taxes to the United States for income earned on tribal lands; and 

WHEREAS, in 1913, when the 16th Amendment to the U.S. Constitution was adopted to authorize the federal income tax, American Indians were not expressly made subject to its application nor was any treaty entered into that consented to such taxation; and 

WHEREAS, in 1924, the United States government enacted the Indian Citizenship Act which naturalized all American Indians as U.S. citizens without consent, which has served as the basis for the U.S. Supreme Court and lower federal courts to hold that Indians are subject to federal income tax; and 

WHEREAS, despite the grant of U.S. citizenship, the federal government continues to recognize that income earned by Indians from tribal lands are not subject to federal income tax, that Indians who earn income from fishing, hunting, and gathering from tribal lands and waters are not subject to federal income tax, and that revenues earned by Indian tribal governments from all sources are not subject to federal income tax; and 

WHEREAS, the collection of federal income tax from Indians for income earned on tribal lands (i) violates provisions of the U.S. Constitution; (ii) undermines Indian entrepreneurship; and (iii) divests scarce economic resources away from Indian nations that could be better utilized to support Indian people, their families, and the future generations of our tribal nations; and 

WHEREAS, currently, the U.S. Internal Revenue Code provides that American citizen residents of U.S. territories like Guam and the Northern Marianas Islands are not subject to federal income tax because they pay taxes and make contributions to their own territorial governments; and 

WHEREAS, Members of Congress and the Trump Administration should support any and all efforts to retain scarce economic resources in Indian Country and strengthen the self-governance and self-determination of American Indian tribal nations; now 

THEREFORE BE IT RESOLVED, that ATNI calls upon the U.S. Congress to enact amendments to the U.S. Internal Revenue Code that: 

1. Eliminates the federal income tax on income earned by Indians on tribal lands and not just from tribal lands and waters; and 

2. Creates a 100% tax credit against any federal income tax obligation for taxes or contributions paid by an Indian to our tribal governments; and 

BE IT FURTHER RESOLVED, that this resolution be forwarded to regional and national forums, not limited to the National Congress of American Indians (NCAI), United South & Eastern Tribes (USET), California Association of Tribal Governments, Native American Finance Officers (NAFOA), the Great Plains Tribal Chairman’s Association, and the Midwest Alliance of Sovereign Tribes (MAST). 

CERTIFICATION 

The foregoing resolution was adopted at the 2019 Winter Convention of the Affiliated Tribes of Northwest Indians, held at the DoubleTree by Hilton – Portland, Oregon, on January 28-31, 2019, with a Quorum present. 

______________________________ ______________________________ 

Leonard Forsman, President Jeanie Louie, Secretary 

Supporting Tribal Opportunity Zones and Job Creation Legislation

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Res #: Committee: Submitted by: Title:         Pass → Yes No Amended/Tabled To NCAI
19-11 Taxation Henry Cagey Supporting Tribal Opportunity Zones and Job Creation Legislation X

X

 2019 Winter Convention 

Portland, Oregon 

RESOLUTION #19 – 11 

“SUPPORTING TRIBAL OPPORTUNITY ZONES AND JOB CREATION LEGISLATION” 

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, the U.S. Congress recently enacted the Tax Cuts and Jobs Act, Pub. L. 115-97, on December 22, 2017 in which approximately $1.5 trillion will be invested in the U.S. economy through tax cuts and tax credits for individuals and corporations; and 

WHEREAS, the Tax Cuts and Jobs Act contains no provisions supporting private sector investment and job creation in Indian Country, but contains a new program called the

Opportunity Zones program to promote investment in economically distressed areas in the United States; and 

WHEREAS, Opportunity Zones must be designated by the governor of a state, which in states like Washington has included every Indian tribal territory, but has not included all tribal lands within Indian Country; and 

WHEREAS, Indian Country is in great need of incentives for investment and job creation; and 

WHEREAS, Members of Congress and the Trump Administration should support any and all efforts to improve investment and job creation in Indian Country; now 

THEREFORE BE IT RESOLVED, that ATNI calls on the U.S. Congress to enact changes in federal law to create incentives for investment and job creation in Indian Country in support of efforts by tribal governments to establish strong tribal economies; and 

BE IT FURTHER RESOLVED, that ATNI supports legislation to promote investment and job creation in Indian Country through: 

1. Amendment of the Opportunity Zone program to allow for the designation of every Indian tribal territory as an eligible opportunity zone; and 

2. Establishment of federal tax credits such as the Indian Employment Tax Credit, Accelerated Depreciation for Business Property on Indian Reservations (or equivalent), the New Markets Tax Credit and the Low-Income Housing Tax Credit; and 

BE IT FINALLY RESOLVED, that this resolution be forwarded to regional and national forums, not limited to the National Congress of American Indians (NCAI), United South & Eastern Tribes (USET), California Association of Tribal Governments, Native American Finance Officers (NAFOA), the Great Plains Tribal Chairman’s Association, and the Midwest Alliance of Sovereign Tribes (MAST). 

CERTIFICATION 

The foregoing resolution was adopted at the 2019 Winter Convention of the Affiliated Tribes of Northwest Indians, held at the DoubleTree by Hilton – Portland, Oregon, on January 28-31, 2019, with a quorum present. 

______________________________ ______________________________ 

Leonard Forsman, President Jeanie Louie, Secretary