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. 

______________________________ ______________________________ 

Leonard Forsman, President Norma Jean Louie, Secretary 

Calling on the City of Tacoma and the State of Washington to Conduct a Supplemental Environmental Impact Statement to Analyze the Full Impacts of the Proposed Tacoma LNG Plant

Res #: Committee: Submitted by: Title:         Pass → Yes No Amended/Tabled To NCAI
19-08 Natural Resources/Lands Taylor Aalvik Calling on the City of Tacoma and the State of Washington to Conduct a Supplemental Environmental Impact Statement to Analyze the Full Impacts of the Proposed Tacoma LNG Plant X
Amended

 2019 Winter Convention 

Portland, Oregon 

RESOLUTION #19 – 08 

“CALLING ON THE CITY OF TACOMA AND THE STATE OF WASHINGTON TO CONDUCT A SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT TO ANALYZE THE FULL IMPACTS OF THE PROPOSED TACOMA LNG PLANT” 

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, the tribes of ATNI 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, the tribes of ATNI work tirelessly to protect tribal members health, safety, welfare, and futures both within and without tribal reservations; and 

WHEREAS, the tribes of ATNI recognize that liquefied natural gas (LNG) could provide a cleaner fuel for ships, trucks, or cars than other fuel sources; however, ATNI tribes cannot accept that tribes, their members and tribal lands are bearing a disproportionate share of the significant risks posed by LNG facilities; and 

WHEREAS, federal, state and local agencies are supporting LNG storage facilities in areas within, or in close proximity to, tribal lands without significant input or consideration of tribal interests or rights; and 

WHEREAS, LNG storage and the untested technology for such facilities pose significant risks to human safety, human health, and natural resources due to explosive risks, spill risks, and risks to the health of natural resources relied upon by ATNI tribes; and 

WHEREAS, LNG proponents are not fully analyzing and disclosing to ATNI tribes or the general public the risks posed by LNG to human safety, human health, and natural resources due to explosive risks, spill risks, and risks to the health of natural resources; and 

WHEREAS, the Northwest Tribes’ ancestral industry of fisheries relies on sustainable resources that will face detrimental impacts from the construction and operation of LNG storage and fueling facilities; and 

WHEREAS, the Proposed Tacoma LNG Plant continues to be constructed without the necessary permits and has changed significantly since the original environmental impact statement was completed including, but not limited to; increased use for marine applications, more ships proposed for fueling from the facility, changed mitigation which is inadequate to address fisheries impacts, additional fueling facilities where the applicants assured permitting authorities that was not part of the project and reduced peak shaving for utility customers; and 

WHEREAS, the changes are significant and lead to unanalyzed environmental impacts that most be analyzed in a supplemental environmental impact statement; and 

WHEREAS, significant shortfalls in the safety analysis have been identified by the Puyallup Tribe and other regional experts; now 

THEREFORE BE IT RESOLVED, that ATNI is opposed to the siting of the Proposed Tacoma LNG Plant; and 

BE IT FURTHER RESOLVED, that ATNI supports a strategy to document and disclose the true risks of construction and operation of LNG storage and distribution facilities to

accurately disclose the risks involved with such facilities and promote siting of such facilities in areas where such risks are not disproportionately absorbed by tribes and such risks are lessened for the public as a whole; and 

BE IT FURTHER RESOLVED, that ATNI has identified that several of the failures to document and disclose the risks of construction and operation of the LNG plant are best addressed through a supplemental Environmental Impact Statement (EIS) and, a complete analysis of environmental justice concerns and human health study, which have not been completed to date; and 

BE IT FURTHER RESOLVED, that ATNI calls upon the City of Tacoma to require a supplemental EIS and, the State of Washington and Federal authorities to urge the City of Tacoma to require a supplemental EIS or, conduct a supplemental EIS under their own authority, to be scoped accordingly through public comment; and 

BE IT FINALLY RESOLVED, that ATNI calls for all Federal, State and Local agencies to ensure compliance with all permitting requirements and conditions imposed upon the Proposed Tacoma LNG Plant by demanding the proponents cease construction activities. 

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 

Protect and Restore Salmon, Southern Resident Orcas, and Treaty Rights

Res #: Committee: Submitted by: Title:         Pass → Yes No Amended/Tabled To NCAI
19-07 Natural Resources/Lands Taylor Aalvik Protect and Restore Salmon, Southern Resident Orcas, and Treaty Rights X


 2019 Winter Convention 

Portland Oregon 

RESOLUTION #19 – 07 

“PROTECT AND RESTORE SALMON, SOUTHERN RESIDENT ORCAS

AND TREATY RIGHTS” 

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, as indigenous peoples, we honor in all ways our relation to Creation and in that spirit acknowledge a sacred obligation to ensure all our relations are treated in a dignified manner that reflects our tribal cultural values passed down since time immemorial; and 

WHEREAS, our ATNI youth leaders recognize that our salmon, traditional foods and resources need bold action in order to sustain our families and future generations for as long as the rivers flow; and 

WHEREAS, the Federal Government has the trust responsibility to protect our salmon, lamprey, steelhead and southern resident orcas, for future generations; and 

WHEREAS, the Columbia River basin’s salmon and steelhead runs were once among the largest in the world, with around 10-16 million fish returning to the basin annually, but have declined significantly, as have the populations of other critical species, including lamprey and sturgeon; and 

WHEREAS, climate change is placing an increasing strain on the ecosystem of the Columbia River basin; and 

WHEREAS, chinook salmon comprise at least 80% of the diet of endangered southern resident orcas – over 50% of it from the Columbia River basin (which includes the Snake River watershed) – and dwindling chinook runs are the leading cause for the decline of those orcas to a critically low breeding population of fewer than 30 individuals; and 

WHEREAS, the removal of dams in the Columbia River basin may prove to be the most effective way to protect and restore for future generations the natural resources on which our communities depend; and 

WHEREAS, ATNI is concerned that current federal laws concerning the Columbia River basin have not been developed to fully protect and restore cultural, natural, and treaty-reserved resources; now 

THEREFORE BE IT RESOLVED, that ATNI hereby calls upon its member tribes and upon federal and state legislators to identify and advocate strategies for strengthening federal and state laws and regulations governing natural and cultural resource protection throughout the Columbia River basin; and 

BE IT FURTHER RESOLVED, that these strategies and proposed revisions to federal environmental laws and regulations should consider the impacts of climate change on tribal and treaty-protected natural and cultural resources, and should require a meaningful evaluation of dam removal in the Columbia River basin. 

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 

Support for the Native American Spirituality and Re-Entry Advisory Committee in its Endeavors to Work with Native American Adults in Custody in Oregon

Res #: Committee: Submitted by: Title:         Pass → Yes No Amended/Tabled To NCAI
19-04 Law & Justice Davis Washines Support for the Native American Spirituality and Re-Entry Advisory Committee in its Endeavors to Work with Native American Adults in Custody in Oregon
X


 2019 Winter Convention 

Portland, Oregon 

RESOLUTION #19 – 04 

“SUPPORT FOR THE NATIVE AMERICAN SPIRITUALITY AND RE-ENTRY ADVISORY COMMITTEE IN ITS ENDEAVORS TO WORK WITH NATIVE AMERICAN ADULTS IN CUSTODY 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, Indigenous people account for a disproportionate number of Adults in Custody, Department of Justice research data shows Native Americans are incarcerated at a rate of 38% higher than the national average and 70% of youth taken into federal custody are Native American; and 

WHEREAS, racial identity specific to population data of Indigenous people incarcerated within the Oregon Department of Corrections (ODOC) appear to be dramatically undercounted; as the state of Oregon Native American population is approximately 1.8%, ODOC Native American population is listed at 2.7%, Native American Religious Service Volunteers believe the numbers to be at least 4% to 5% of the total prison population; and 

WHEREAS, Indigenous people face challenges that other adults in custody do not, due to cultural isolation, high disparity numbers and, loss of self (identity); and 

WHEREAS, the Indigenous population continues to experience oppression and discrimination within the dominant society and, oppression is also reflected within the Oregon Native prison population; and 

WHEREAS, Religious, spiritual and cultural needs are poorly understood, and many times dismissed as unnecessary, within institutional settings; and 

WHEREAS, the Native American Spirituality and Reentry Advisory Committee (NASRAC) was formed in September 2018 to provide formal and informal oversight and assistance in supporting authentic Indigenous teachings, spirituality and reentry behind the Iron Doors of Oregon state prisons and jails; and 

WHEREAS, the NASRAC is made up of Indigenous people who have experience volunteering their time and sharing knowledge within a correctional facility, have been formally incarcerated, and/or formally represent one of the 9 federally recognized Oregon Tribes; and 

WHEREAS, the NASRAC and ATNI agree that tribal governments should support the work being done by faithful volunteers providing services within Oregon prisons, through a Government-to-Government relationship specific to addressing Policies, Administrative Rule, accountability for lost or damaged religious service items, lack of communication, barriers to volunteering, and access to programming; and 

WHEREAS, there are prisons within the ODOC with large numbers of tribal members who have limited, or have lost, programming due to a lack of Native American Religious Service volunteers being available to help facilitate programs; and 

WHEREAS, active Native American Religious Services volunteers for Oregon prisons presently number 24 and, NASRAC and ATNI recognize there is great need to support these volunteers and programs, regardless of their tribal affiliation; and volunteers frequently travel long distances (most without financial compensation), and state they continue to deal with chronic unresolved issues specific to their programs; and

WHEREAS, NASRAC reports that the ODOC response to limited and/or lost programming, ultimately falls upon the shoulders of poverty stricken Native communities and tribes to provide each institution with volunteers and necessary resources; and 

WHEREAS, Religious Freedom and the Religious Land Use and Institutionalized Persons Act (RLUIPA), balance the right to exercise religion against the government’s interests in security, safety, health and cost controls; and 

WHEREAS, Washington state has been successful in providing consistent Native American Religious and Reentry services to their state prison facilities for many years, by contracting with a Native American led, independent non-profit known as Native American and Reentry Services; and 

WHEREAS, critical decision making and alterations to current programming involving Native American Religious Services, should always be made in collaboration with Native American Religious Services providers and appointed tribal representatives. Access to Religious Services should not be restricted based on Incentive Level, or an administrative need whose intent is to homogenize all religious services programs; now 

THEREFORE BE IT RESOLVED, that ATNI does hereby call upon the Oregon Department of Corrections to comply with the Religious Land Use and Institutionalized Persons Act (RLUIPA), and take whatever actions are necessary to ensure that the religious, spiritual and cultural needs of all Native persons in the State’s custody are met; and 

BE IT FURTHER RESOLVED, that ATNI does hereby acknowledge and recognize the Native American Spirituality and Reentry Advisory Committee (NASRAC) as a Native organization that was created to provide formal and informal oversight and assistance in supporting authentic Indigenous teachings, spirituality and reentry behind the Iron Doors of Oregon state prisons and jails; and 

BE IT FURTHER RESOLVED, that ATNI calls upon tribal and state governments to support the work being done by faithful volunteers providing services within Oregon prisons, through a Government to Government relationship specific to addressing Policies, Administrative Rule, accountability for lost or damaged religious service items, lack of communication, barriers to volunteering, and access to programming; and 

BE IT FURTHER RESOLVED, that ATNI does hereby call upon the ODOC and the Tribes of Oregon State to work collaboratively to identify an independent organization to be employed by ODOC to develop, implement and staff a minimum standard of programming for each institution, specific to serving Adults in Custody who self identify as Native American, First Nations or Indigenous People; and 

BE IT FINALLY RESOLVED, that ATNI does hereby support an independent demographic survey to be designed and implemented within all ODOC facilities with tribal input and tribal representation as the purpose of an independent study is to identify the number of

tribes represented, as well as to identify the spiritual, cultural and reentry needs of the Indigenous population presently incarcerated. 

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. 

______________________________ ______________________________ 

Advance Appropriations for Indian Health Service

Res #: Committee: Submitted by: Title:         Pass → Yes No Amended/Tabled To NCAI
19-03 Health Andy Joseph Advance Appropriations for Indian Health Service X


 2019 Winter Convention 

Portland, Oregon 

RESOLUTION #19 – 03 

“ADVANCE APPROPRIATIONS FOR INDIAN HEALTH SERVICE” 

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 United States has a unique and special relationship with American Indians and Alaska Natives (AI/ANs) to provide health care as established through the U.S. Constitution, Treaties, U.S. Supreme Court decisions and federal legislation; and 

WHEREAS, although the trust relationship requires the federal government to provide for the health and welfare of tribal nations, the Indian Health Service (IHS) remains chronically underfunded and AI/ANs suffer from among the lowest health status nationally; and

WHEREAS, IHS, an agency within the Department of Health and Human Services, administers health care to 2.2 million AI/ANs residing in tribal communities in 35 states, directly, or through contracts or compacts with tribes and tribal organizations under the Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA); and 

WHEREAS, in recent years, federal appropriation bills have not been enacted in a timely manner, thus hampering tribal and IHS health care providers’ budgeting, recruitment, retention, provision of services, facility maintenance, and construction efforts; and 

WHEREAS, since FY 1998, there has only been one year (FY2006) in which the Interior, Environment and Related Agencies Appropriations bill has been enacted before the beginning of the new fiscal year; and 

WHEREAS, ATNI believes that moving to the Advance Appropriations process protects tribes and tribal organizations and the IHS direct service units from cash flow problems that regularly occur at the start of the federal fiscal year due to delays in enactment of annual appropriations legislation; and 

WHEREAS, Congress has recognized the difficulties inherent in the provision of direct health care that relies on the appropriations process and traditional funding cycle through enactment of the Veterans Health Care Budget Reform and Transparency Act of 2009 (PL 111-81), which authorized Advance Appropriations for Veterans Administration (VA) medical care programs; and 

WHEREAS, IHS should be afforded the same budgetary certainty and protections extended to the VA which is also a federally-funded provider of direct health care; now 

THEREFORE BE IT RESOLVED, that ATNI requests that Congress amend the Indian Health Care Improvement Act to authorize Advance Appropriations for IHS; and 

BE IT FURTHER RESOLVED, that ATNI requests that Congress include our recommendation for Advance Appropriations for IHS in the Budget Resolution; and 

BE IT FINALLY RESOLVED, that ATNI requests that Congress include in the enacted appropriations bill Advance Appropriations for IHS. 

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. 

______________________________ ______________________________ 

2020 Census: Democracy Reform that Supports Tribal Sovereignty

Res #: Committee: Submitted by: Title:         Pass → Yes No Amended/Tabled To NCAI
19-16 Native Youth Asa Washines 2020 Census: Democracy Reform that Supports Tribal Sovereignty X


 2019 Winter Convention 

Portland Oregon 

RESOLUTION #19 – 16 

“2020 CENSUS: DEMOCRACY REFORM THAT SUPPORTS TRIBAL SOVEREIGNTY” 

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 U.S. Census data is used to determine the distribution of Congressional seats to states, used to define legislative districts, school district assignment areas, and other important functional areas of government; and 

WHEREAS, the U.S. Census has become a tool for democracy and democracy reform, improving representation in government; now 

THEREFORE BE IT RESOLVED, that ATNI hereby commits to work towards democracy reforms within the government system after the U.S. Census data is collected and analyzed; and 

BE IT FURTHER RESOLVED, these democracy reforms will be more inclusive of Tribal Nations, recognize the existing rights of Tribal Nations, support Tribal sovereignty, and will create more effective representation. 

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 

Support for Legislation that Establishes a Department of Veterans Affairs’ Tribal Advisory Committee

Res #: Committee: Submitted by: Title:         Pass → Yes No Amended/Tabled To NCAI
19-15 Veterans Lavada Anderson Support for Legislation that Establishes a Department of Veterans Affairs’ Tribal Advisory Committee X


 2019 Winter Convention 

Portland, Oregon 

RESOLUTION #19 – 15 

“SUPPORT FOR LEGISLATION THAT ESTABLISHES A DEPARTMENT OF VETERANS AFFAIRS’ TRIBAL ADVISORY 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 (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, AI/AN Veterans have played a vital role in the United States military for over two hundred years in all of the United State’s wars since the Revolutionary War and have served in several wars before they were even recognized as American citizens; and

WHEREAS, AI/AN Veterans have distinctive cultural values that drive them to serve their country; and 

WHEREAS, AI/ANs serve in the United States Armed Forces at higher rates per capita, are younger as a cohort and have a higher concentration of female Service members compared to all other Service members, yet they are underrepresented among Veterans who access the services and benefits they have earned; and 

WHEREAS, in Fiscal Year (FY) 2016, the National Center for Veterans Analysis and Statistics counted 11,028 AI/AN Veterans in the Northwest; and 

WHEREAS, in FY 2016, there were 1,775 AI/AN Veterans in Idaho, 3,151 in Oregon, and 6,102 in Washington; and 

WHEREAS, the Veterans Affair (VA) must take into consideration that AI/AN Veterans are more likely to lack health insurance and to have a disability, service-connected or otherwise, than Veterans of other races; and 

WHEREAS, in 2010, the American Community Survey highlighted about 19 % of AI/AN Veterans had a service-connected disability rating in 2010; and 

WHEREAS, in FY 2016, the National Center for Veterans Analysis and Statistics reported that AI/AN Veterans have lower incomes, lower educational attainment, and higher unemployment than Veterans of other races; and 

WHEREAS, for the VA to better serve AI/AN Veterans after their service, the VA must create a Tribal Advisory Committee (TAC) to address inequities of AI/AN Veterans and to fulfill the federal trust responsibility; and 

WHEREAS, the creation of a VA TAC is critical to ensuring that the VA in partnership with tribes provides comprehensive culturally responsive care and benefits to our AI/AN Veterans; and 

WHEREAS, a VA TAC would provide an opportunity for meaningful tribal consultation and deliberation on issues that pertain to the complex and varying infrastructure of Indian Health Service and Tribal health care facilities for the 573 federally-recognized tribes in the United States; and 

WHEREAS, the VA TAC is needed to ensure that effective collaboration and informed decision-making with tribes occurs before, during, and after VA policy decisions are made; and 

WHEREAS, the VA TAC should be comprised of designated tribal representatives to ensure-ongoing communications with the leadership of the VA regarding broad policy decisions that significantly impact the healthcare and well-being of AI/AN Veterans; now

THEREFORE BE IT RESOLVED, that ATNI supports legislation that establishes a VA TAC with these provisions: 

 Membership must be based on Indian Health Service Areas; 

 Tribes must be able to select their own representatives to participate on the VA TAC, and such representatives may or may not be elected tribal leaders; 

 Include “Alternate Representatives” and Technical Advisors for each Area; 

 No term limits on TAC membership except that a TAC member may be replaced if the TAC member is unable to attend two of four meetings in year; 

 Membership must include non-voting representatives from the VA Office of Tribal Government Relations and the Indian Health Service; 

 Quarterly meetings must be held along with monthly calls, as necessary; 

 Inclusion of Subcommittees within the VA TAC to enhance the work of the TAC on various issues impacting AI/AN veterans; and 

 Inclusion of an annual report from the VA to tribes as well as Congress. 

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 

Tribal Membership in Washington State Regional Transportation Planning Organizations

Res #: Committee: Submitted by: Title:         Pass → Yes No Amended/Tabled To NCAI
19-14 Transportation Kirk Vinish Tribal Membership in Washington State Regional Transportation Planning Organizations X


 2019 Winter Convention 

Portland Oregon 

RESOLUTION #19 – 14 

“TRIBAL MEMBERSHIP IN WASHINGTON STATE REGIONAL TRANSPORTATION PLANNING ORGANIZATIONS” 

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, effective regional transportation planning requires participation from all affected governments; and 

WHEREAS, HB 1584 in the Washington State Legislature ensures that tribes shall be allowed to have voting membership in Regional Transportation Planning Organizations (RTPO’s); and 

WHEREAS, many tribal governments wish to participate in the RTPO’s; now 

THEREFORE BE IT RESOLVED, that ATNI does hereby urge its members to make it known to the Washington State Legislature that all tribes should be allowed to become a voting member in Regional Transportation Planning Organizations. 

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 

Calling on the Secretaries of Commerce and the Interior to Conduct Meaningful Government- to-Government Consultation with Pacific Northwest Tribes Regarding the Proposed Endangered Species Act Rule Changes

Res #: Committee: Submitted by: Title:         Pass → Yes No Amended/Tabled To NCAI
19-06 Natural Resources/Lands Taylor Aalvik Calling on the Secretaries of Commerce and the Interior to Conduct Meaningful Government- to-Government Consultation with Pacific Northwest Tribes Regarding the Proposed Endangered Species Act Rule Changes X

X

 2019 Winter Convention 

Portland, Oregon 

RESOLUTION #19 – 06 

“CALLING ON THE SECRETARIES OF COMMERCE AND THE INTERIOR TO CONDUCT MEANINGFUL GOVERNMENTTO-GOVERNMENT CONSULTATION 

WITH PACIFIC NORTHWEST TRIBES REGARDING THE PROPOSED 

ENDANGERED SPECIES ACT RULE CHANGES” 

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 Secretaries of Commerce and the Interior proposed three major rule changes to Endangered Species Act on July 25, 2018; and

WHEREAS, Secretarial Order 3206, “American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act,” requires the Secretaries of Interior and Commerce to conduct government-to-government consultations when proposed Endangered Species Act regulations may affect Indian lands, tribal trust resources, or the exercise of American Indian tribal rights; and 

WHEREAS, tribal trust resources and tribal rights are threatened by the proposed July 25, 2018 rule changes; and 

WHEREAS, tribal leaders have expressed that proposed rule changes threaten tribal trust resources and tribal rights through public comment, as Agencies have not appropriately used tribal consultation; and 

WHEREAS, tribes requesting government-to-government meetings have been offered staff-to-staff meetings; and 

WHEREAS, additional requests for government-to-government meetings have been repeatedly delayed; and 

WHEREAS, Agency staff have indicated that Agency directives are to propose final rules in early 2019; and 

WHEREAS, Agency staff cannot confirm that Agencies will fulfill tribal trust responsibilities by adequately reviewing and responding to tribal concerns prior to proposing final rules; and 

WHEREAS, the Departments of Commerce and Interior have federal trust responsibilities to take into consideration the impacts of their actions and policies under the Act on Indian use of listed species for cultural and religious purposes; and 

WHEREAS, the Departments of Commerce and Interior are failing to meet this basic obligation to Pacific Northwest tribes; and 

WHEREAS, ATNI tribes believe that Agencies’ consultation practices are currently highly flawed and biased towards deregulation rather than protecting endangered species, which overlap with trust resources and treaty rights, under established rules; and 

WHEREAS, ATNI tribes believe that absent significant tribal government-to-government consultation, the Agencies will prepare a final rule which does not protect Tribal trust resources and treaty rights; now 

THEREFORE BE IT RESOLVED, that ATNI does hereby call upon the Secretaries of Commerce and Interior to direct their staffs to immediately respond to tribal concerns associated with the July 25, 2018 proposed Endangered Species Act rule changes; and

BE IT FURTHER RESOLVED, that ATNI calls upon the Secretaries of Commerce and Interior to immediately begin meaningful government-to-government tribal consultation to hear tribal leadership’s concerns and address those concerns in a manner ‘clearly stating the rationale for the recommended final decision and explain how the decision relates to the Services’ trust responsibilities. 

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, January 28 – 31, 2019, with a quorum present. 

______________________________ ______________________________ 

Leonard Forsman, President Jeanie Louie, Secretary