Educational Broadband Service Spectrum

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

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

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

December 20, 2019
Categories: Environmental Protection (Climate Change)Native LandsReligious 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

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.orgsnakeriverwaterkeeper.orgidahorivers.orgpcffa.orgifrfish.organd 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

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

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

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 

Opposing Oregon Senate Bill 444 and Any Other New Nuclear Power Plants in Oregon

Res #: Committee: Submitted by: Title:         Pass → Yes No Amended/Tabled To NCAI
19-10 Natural Resources/Lands Taylor Aalvik Opposing Oregon Senate Bill 444 and Any Other New Nuclear Power Plants in Oregon X
Amended

 2019 Winter Convention 

Portland Oregon 

RESOLUTION #19 – 10 

OPPOSING OREGON SENATE BILL 444 AND ANY OTHER NEW NUCLEAR 

POWER PLANTS IN OREGON” 

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, since time immemorial, our economy, culture, religions and way of life has been centered around our fishing, hunting, and gathering resources, and the lands and waters upon which they depend, and we have been and remain careful and conscientious stewards over them to ensure their continued health and well-being; and 

WHEREAS, ATNI member Tribes depend on the natural resources of this region to sustain our way of life, rights to fish, hunt and gather, our economies, human health and fulfill our sacred obligation to protect our First Foods and our most precious natural resources, water; and 

WHEREAS, ATNI member Tribes work tirelessly to protect tribal members health, safety, welfare, and futures both within and external to tribal reservations; and 

WHEREAS, ATNI member Tribes recognize that, notwithstanding new smaller modular designs being developed in North America, all nuclear power requires nuclear fuel and generates nuclear waste; and 

WHEREAS, uranium mining, nuclear power and nuclear weapons production, and nuclear waste disposal has occurred in areas within or in close proximity to tribal lands without significant input or consideration of tribal interests or rights; and 

WHEREAS, the nuclear fuel cycle poses significant risks to human safety, human health, sacred foods & medicines, homelands, waterways, and the air relied upon by ATNI tribes due to its long-lived toxicity; and 

WHEREAS, Oregon law currently prohibits the construction of nuclear power plants in Oregon until “an adequate repository for the disposal of the high-level radioactive waste produced by the plant has been licensed to operate by the appropriate agency of the federal government” (ORS 469.595). If such a high-level radioactive waste repository is federally licensed, then the proposed nuclear plant in Oregon is subject to statewide voter approval (ORS 469.597); and 

WHEREAS, Oregon Senate Bill 444 would change Oregon’s law to allow Oregon cities and counties to pass ordinances allowing nuclear reactors of 300 megawatts or less in their jurisdiction without a permanent repository for the high-level radioactive waste they would create; and 

WHEREAS, Oregon Senate Bill 444 would also bypass the current requirement for statewide voter approval for new nuclear reactors in the state of Oregon; and 

WHEREAS, current Oregon laws provide important protections for tribal communities and the resources they rely upon who may face contamination from the construction and operation of new nuclear power plants and risks from orphaned nuclear waste; and 

WHEREAS, radioactive waste from the shuttered Trojan Nuclear Power Plant remains stored on the shores of the Columbia River, a testament to the difficulty of identifying a permanent repository for high-level nuclear waste; now 

THEREFORE BE IT RESOLVED, that ATNI opposes Senate Bill 444; and 

BE IT FURTHER RESOLVED, that ATNI hereby supports the basic principle that new nuclear power plants must demonstrate the availability of a deep geologic repository for high-level waste before gaining approval; and 

BE IT FURTHER RESOLVED, that ATNI has identified that nuclear waste often places a disproportionate pollution burden on tribal communities, and a county-level or city-level vote may not be the appropriate forum to address these challenges; and 

BE IT FINALLY RESOLVED, that ATNI calls upon the 2019 Oregon Legislature to reject Senate Bill 444 and any other new nuclear power plants in Oregon. 

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 

Promoting the Clean Energy and Carbon Reduction Policies in Washington

Res #: Committee: Submitted by: Title:         Pass → Yes No Amended/Tabled To NCAI
19-09 Natural Resources/Lands Taylor Aalvik Promoting the Clean Energy and Carbon Reduction Policies in Washington X


 2019 Winter Convention 

Portland Oregon 

RESOLUTION #19 – 09 

PROMOTING THE CLEAN ENERGY AND CARBON REDUCTION POLICIES IN WASHINGTON” 

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, Indigenous Peoples in the U.S., including 567 federally-recognized Tribes, are facing immediate and significant impacts from climate change; and 

WHEREAS, a growing body of literature illustrates the unique issues facing Tribes as a result of climate change, including the recently developed Primer on Climate Change and Indigenous Peoples, Guidelines for Considering Traditional Knowledges (TKs) in Climate Change Initiatives, and the special issue of the peer-reviewed journal Climatic Change, “Climate Change and Indigenous Peoples in the United States: Impacts, Experiences and Actions;” and 

WHEREAS, the transition to clean energy presents economic and community benefit opportunities that surpass further expansion of the fossil fuel economy; and 

WHEREAS, renewable sources of energy can have significant public health and other co-benefits that can help address pressing ecological and environmental justice challenges in sensitive ecosystems, Tribal governments, and Native American and rural communities in Washington and around the country; and 

WHEREAS, Tribes and Native Americans have unique experiences and energy expertise and, communities are at the frontline of climate change, but are often not included in policy conversations; and 

WHEREAS, equitable solutions exist to ensure shared benefits from renewable energy and a transition to a clean energy economy, including but not limited to; access to the financial services, community-based development of renewable energy, equitable pricing structures, community solar programs with low-income carve-outs, non-profit organization leadership, and access to public energy conservation facilities; now 

THEREFORE BE IT RESOLVED, that ATNI does hereby call upon all Washington state government officials, including state agencies to ensure that tribes are full partners in developing and implementing state policy to address mitigating and adapting to climate change in Washington; and 

BE IT FURTHER RESOLVED, that ATNI supports Washington state policy and programs that limit climate pollution, internalizes the external costs from that pollution, and invests proceeds in reducing climate pollution and promoting community benefit; and 

BE IT FURTHER RESOLVED, that ATNI members will proactively engage in advancing state efforts to reduce climate pollution and promote clean energy jobs by: 

1. Supporting Washington Tribes efforts to develop carbon policy legislation; 

2. Submitting letters of support from individual tribal governments to decision-makers; 

3. Participating in implementation processes where possible; 

4. Defending against opposition and efforts to weaken or repeal; 

5. Supporting the coordination and involvement of Washington Tribes; and 

BE IT FINALLY RESOLVED, that ATNI moves to support Washington Tribes in developing and promoting Washington State policy and legislation to reduce greenhouse gas emissions and invest proceeds in Washington’s clean energy economy and call on all Washington state government officials, including state agencies to ensure that Washington tribes are full partners in developing and implementing effective greenhouse gas reduction legislation. 

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. 

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Leonard Forsman, President Norma Jean Louie, Secretary