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

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Res #:Committee:Submitted by:Title:                                    Pass →                     YesNoAmended/TabledTo NCAI
18-44Natural Resources/LandsTaylor AalvikProtect and Restore Snake River Salmon, Southern Resident Orcas, and Treaty Rights

TABLED

 TABLED 

2018 Annual Convention 

Worley, Idaho 

RESOLUTION #18 – 44 

“PROTECT AND RESTORE SNAKE RIVER 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, 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, 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 tribal cultural values that have been passed down for countless generations; and

WHEREAS, the Nez Perce Tribe has been party to a number of lawsuits under the Endangered Species Act and has attempted many methods to develop, continue and/or restore the native Salmon runs that fall within its Treaty of 1855 and Usual and Accustomed areas; and 

WHEREAS, the Nez Perce Tribe has been attempting to bring back the Salmon runs to pre-dam levels; and 

WHEREAS, the Nez Perce tribe has, along with a number of states and federal agencies, taken action to ensure that the Native Salmon runs are available for the future generations of Nez Perce including spending enormous sums of money on this effort; and 

WHEREAS, the efforts by the numerous agencies and the tribe have achieved limited success in restoring the native Salmon runs; and 

WHEREAS, Snake River wild spring/summer chinook salmon have not met the Northwest Power Conservation Council’s recovery objectives, with smolt-to-adult returns at 1.1 percent since the year 2000 despite salmon recovery efforts; and 

WHEREAS, the Army Corps of Engineers agrees that breaching the dams has the highest probability of meeting federal salmon recovery objectives criteria, and since 1999, the National Marine Fisheries Service’s results demonstrated that Snake River dam breaching by itself is likely to lead to recovery of fall chinook and steelhead; and 

WHEREAS, chinook salmon comprise at least 80% of the diet of endangered southern resident orcas – more than 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 four lower Snake River dams have a benefit to cost ratio of 15¢ on the dollar, and sacrifice thousands of jobs and millions of dollars in potential benefits of a free-flowing river; and 

WHEREAS, power from the lower Snake River dams is rarely available to meet peak power demands and maintaining them diverts funds from other more reliable dams and restoration work; and 

WHEREAS, the Army Corps of Engineers needs no new authority to place the lower Snake River dams into a “non-operational” status and, further, has a fiduciary responsibility to do so; and 

WHEREAS, breaching the dams can be financed through existing debt reduction and credit mechanisms as a fish mitigation action by Bonneville Power Administration and is significantly easier and less costly than originally planned; and 

WHEREAS, the southern resident orcas and wild Snake River salmon are an integral part of the Pacific Northwest tribal culture and economy, and after 30 years of failed mitigation

efforts further delays will risk the extinction of our Southern Resident Orcas and wild Snake River salmon; now 

THEREFORE BE IT RESOLVED, that the ATNI hereby call upon the U.S. Army Corps of Engineers, Bonneville Power Administration, and federal trustees to begin removal of the earthen portions of the four lower-Snake River dams to restore Snake River salmon, southern resident orcas, and tribal treaty rights to take fish in all Usual and Accustomed areas; and 

BE IT FURTHER RESOLVED, that the ATNI calls upon Washington state congressional delegation and state elected officials to support the dam breaching process and to ensure a positive transition for the communities affected by the removal. 

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. 

______________________________ ______________________________ 

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. 

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

/0 Comments/in /by
Res #:Committee:Submitted by:Title:                                    Pass →                     YesNoAmended/TabledTo NCAI
18-41Indian Child WelfareGary PetersonDHHS Providing Meaningful Consultation Opportunities for Tribes on Family First Prevention Services ActX

yes

 RESOLUTION #18 – 41 

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

PREAMBLE 

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

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

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

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

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

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

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

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

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

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

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

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

/0 Comments/in , /by
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