National Native Organizations Unite and Urge the President and Congress to Re-Open the Government

 | On the 20th day of the government shutdown, eight national Native organizations are jointly urging the President and Congress to immediately end the partial government shutdown, which breaks the treaty and trust obligations the federal government owes to tribal nations. The organizations jointly 

 to Congress and the President outlining the wide-ranging impacts of the shutdown on Indian Country.

America’s longstanding, legally-mandated obligations to tribal nations should be honored no matter the political quarrels of the moment. “During this shutdown, Congress and the President are putting the well-being of our tribal nations and our citizens in jeopardy. As governmental leaders, we know that it is simply not an option to stop serving our citizens. On behalf of Indian Country, we urge the President and Congress to do their jobs and reopen the government immediately,” said National Congress of American Indians (NCAI) President Jefferson Keel.

On tribal lands, the federal government assumed the responsibility to provide basic governmental services like health care, public safety, and education as a part of its treaty negotiations with tribal nations. The Bureau of Indian Affairs (BIA) and the Indian Health Service (IHS), the primary agencies responsible for providing these services, either directly or through compact and contracts with tribal governments, are both currently hamstrung by the shutdown. The shutdown has a range of impacts throughout Indian Country:

“Unrelated political battles are abrogating the treaties and agreements signed by our ancestors, curtailing health care programs, and causing our people to suffer. When possible, tribal governments are cutting other services and scraping together scarce dollars to keep health clinics operational, but this is not sustainable. The shutdown is destabilizing Native health delivery and health care provider access; as well as destabilizing Tribal Governments, families, children and individuals. Services will be cut, and loss of life will be the result if this shutdown is not ended soon,” said National Indian Health Board (NIHB) Chief Executive Officer Stacy A. Bohlen.

“Urban Indian Health Programs (UIHPs) are an integral part of the health care delivery system for Native peoples. These UIHPs depend on funding from IHS to provide care to urban Native people. However, when IHS is shutdown, we do not receive critical funding and the detrimental impacts on our patients are immediate and significant. Medical staff layoffs, reduction in health services provided, and clinic closure will follow if funding is not restored,” said National Council on Urban Indian Health (NCUIH) President Maureen Rosette.

“This shutdown jeopardizes the future of thousands of Native students and creates undue immediate hardship for BIE systems to ensure the safety of Native students and support nutrition programs that feed the minds of tomorrow. Creating safe and positive learning environments for our Native children and youth to thrive is a priority for Native communities. The price of this shutdown must not be paid by our children. NIEA urges the President and Congress to re-open the government immediately,” said National Indian Education Association (NIEA) President Robin Butterfield.

“Tribal housing programs rely on federal funding to fulfill the United States’ trust and treaty responsibilities, so a prolonged shutdown will only limit a tribal nation’s ability to provide housing opportunities in their communities. Some programs may shut down entirely until new funding is available, while others may be able to stretch out their dollars by providing minimal services to their members. Many tribal members are unable to attain the dream of homeownership because their Section 184 loan is unable to be closed. With the BIA included in the shutdown, leases cannot be approved for rehabilitation work on homes or title reports for home loans,” said National American Indian Housing Council (NAIHC) Chairman Gary Cooper.

“Native children and families are feeling the effect of the partial government shutdown. Children who are involved in the child welfare system, particularly children in foster care, are significantly impacted. Without funds for the tribal programs that support Native children and families, it is difficult for tribal child welfare workers to ensure that our most vulnerable citizens receive the supports they need outside of our tribal services,” said National Indian Child Welfare Association (NICWA) President Gil Vigil.

“The federal government shutdown puts many of our economic development plans and activities in jeopardy as federal agencies must review and approve permits and other documents before tribal governments can proceed with their planned activities. The effects of delayed or lost economic development opportunities will be felt by tribal governments and their citizens long after the government reopens,” said Self-Governance Communication & Education (SGCE) Chairman W. Ron Allen.

“The government shutdown hurts more than just federal employees- it impacts local economies, small businesses, and the contractors who work tirelessly side by side with federal employees to help federal agencies accomplish the work. We call for an end to the shutdown and would like to see all federal contractors who have been impacted restored in the same manner as federal employees. Small businesses cannot afford to absorb the economic cost and impacts of a government shutdown,” said Kimberly Teehee, President, Native American Contractors Association

Tribal nations are resilient and provide services to around 2 million people; however, we cannot continue to provide for our communities without our federal partners. The long-term effects of this shutdown will ripple throughout our communities for months or even years following the reopening of the government. We urge the President and Congress to end this government stalemate, fulfill their trust and treaty promises to tribal nations, and invest in the future of all Americans.

For more information, contact the following:

National Indian Child Welfare Association

Self-Governance Communication & Education Tribal Consortium

WASHINGTON, D.C. | Today, in a 369-47 vote, the U.S. House of Representatives passed the 2018 Farm Bill, which includes a historic number of tribal provisions.

“NCAI applauds the work of the Conference Committee; Senate and House Agriculture Committee leadership Chairman Pat Roberts, Ranking Member Debbie Stabenow, Chairman Mike Conaway, and Ranking Member Collin Peterson; and Senate Committee on Indian Affairs Chairman John Hoeven and Vice Chairman Tom Udall for their tireless commitment to the passage of this bill,” said NCAI President Jefferson Keel. “This legislation recognizes the governmental status of tribal nations and the role tribal growers and producers have in the food systems and resource management practices that affect the daily lives of all Americans. We look forward to President Trump’s swift signing into law of the 2018 Farm Bill.”

The passage of the 2018 Farm Bill in the House comes on the heels of the U.S. Senate passing the bill in an 87-13 vote on Tuesday, which followed the release of the 2018 Farm Bill Conference Report by the House-Senate Conference Committee late on Monday.

Coordinating closely with tribal nations, the Native Farm Bill Coalition, tribal organizations, and other partners, the National Congress of American Indians (NCAI) worked to ensure that the voices of our tribal leaders, citizens, and communities were heard and recognized.

Below is a list of key provisions in the 2018 Farm Bill that will benefit Indian Country:

Expansion of Indian Self-Determination and Education Assistance Act contracting authority (638 authority) to the U.S. Department of Agriculture (USDA) for the Food Distribution Program on Indian Reservations;

Expansion of 638 authority for Tribal Forest Protection Act management activities at USDA and the U.S. Department of the Interior, as well as eligibility for tribal nations to exercise Good Neighbor authority for forest management agreements with USDA and states (both of these measures will help tribal nations prevent wildfires from spreading from federal lands to tribal forest lands);

Establishment of a Tribal Advisory Committee at USDA to identify issues and make recommendations to the Secretary; and

Recognition that the Office of Tribal Relations is an important function of USDA that should be within the Office of the Secretary.

The 2018 Farm Bill will now head to the President for his signature.

For more information about the 2018 Farm Bill Conference Report, read the House and Senate Agriculture Committees’ full press release 

 and the full Farm Bill Conference Report 

For more information about the individual tribal provisions, visit the Native Farm Bill Coalition website 

About the National Congress of American Indians:

Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit 

NCAI Applauds Congress for Passing Strong 2018 Farm Bill for Indian Country

Statement from the National Indian Child Welfare Association (NICWA), the National Congress of American Indians (NCAI), Native American Rights Fund (NARF), and the Association on American Indian Affairs (AAIA) about the Indian Child Welfare Act (ICWA) judgment stay pending appeal:

“Yesterday’s decision to stay the District Court’s ruling in Brackeen v. Zinke pending appeal to the Fifth Circuit Court of Appeals is welcome news for Indian children and families, especially in states like Texas where efforts already were underway to remove ICWA’s protections. ICWA remains the law of the land and applicable in all 50 states. The critical work between states and tribes to apply the ‘gold standard in child welfare’ by keeping Indian children with their family and community will continue.”

NCAI President Jefferson Keel (Chickasaw Nation of Oklahoma) said:

“The stay granted yesterday by the Fifth Circuit Court of Appeals is a welcome and positive step. It means that no Indian child who encounters the child welfare system in Texas, Indiana and Louisiana during this time should be denied the protections and safeguards afforded them under the Indian Child Welfare Act. NCAI will continue to support the intervening Tribal Nations and the Department of Justice as they fight to protect the best interests of all Indian children across the United States through the Indian Child Welfare Act.”

NARF Staff Attorney Dan Lewerenz (Iowa Tribe of Kansas and Nebraska) said:

“The Fifth Circuit made the right decision. ICWA is not some new, unimplemented statute that can be set aside without repercussions. It is an Act of Congress, 40 years tried and true, that is intricately woven into state and tribal child welfare systems. Its unraveling would have had serious and harmful effects on dozens, if not hundreds, of Native children. We’re glad that the Fifth Circuit recognizes that.”

About the National Indian Child Welfare Association: The National Indian Child Welfare Association works to support the safety, health, and spiritual strength of Native children along the broad continuum of their lives. NICWA promotes building tribal capacity to prevent child abuse and neglect through positive systems change at the state, federal, and tribal level. For more information, visit 

About the National Congress of American Indians: Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit 

About the Association on American Indian Affairs: AAIA is the oldest non-profit serving Indian Country protecting sovereignty, preserving culture, educating youth and building capacity. The Association was formed in 1922 to change the destructive path of federal policy from assimilation, termination and allotment, to sovereignty, self-determination and self-sufficiency. Throughout its 96-year history, the Association has provided national advocacy on watershed issues that support sovereignty and culture, while working at the grassroots level with Tribes to support the implementation of programs that improve lives on the ground. For more information, visit 

About the Native American Rights Fund: Since 1971, the Native American Rights Fund (NARF) has provided legal assistance to Indian tribes, organizations, and individuals nationwide who might otherwise have gone without adequate representation. Throughout its history, NARF has impacted tens of thousands of Indian people in its work for more than 250 tribes. NARF has defended the Indian Child Welfare Act (ICWA) for decades, and will continue to do so. For more information, visit 

Joint Statement on the Fifth Circuit Granting the Motion to Stay the District Court’s Decision on the Indian Child Welfare Act—The Gold Standard Remains Applicable in All 50 States

Joint Statement on the United States Department of Justice’s Decision to Defend the Indian Child Welfare Act

—Statement from the National Indian Child Welfare Association (NICWA), the National Congress of American Indians (NCAI), the Native American Rights Fund (NARF), and the Association on American Indian Affairs (AAIA) regarding the United States Department of Justice’s decision to defend the Indian Child Welfare Act.

On Friday, November 30, the United States Department of Justice (DOJ), on behalf of the Departments of Interior and Health and Human Services and their officers, filed a notice of appeal to the U.S. Court of Appeals for the Fifth Circuit, challenging a decision by the U.S. District Court for the Northern District of Texas that found the Indian Child Welfare Act (ICWA) and its regulations were unconstitutional. NICWA, NCAI, NARF, and AAIA applaud the United States’ decision. The Department of Justice joins the four intervenor tribal government defendants—Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, and Quinault Indian Nation—who filed their notice of appeal on November 19.

Sarah Kastelic, executive director of NICWA, had this comment:

“We applaud the Department of Justice for standing up for Native children and families by continuing to vigorously defend ICWA. The Department’s action sends a strong and clear message that tribal nations, as governments, have a role in protecting Native children from abuse and neglect; helping families receive the support services they need; and ensuring children stay connected to their families, culture, and communities.”

“The Department of Justice’s appeal of this egregious decision is consistent with its trust responsibility to tribal nations under the Constitution and Congress’ intent in passing the Indian Child Welfare Act 40 years ago. NCAI stands ready to assist the intervening Tribal Nations and DOJ in any way possible to uphold ICWA as the foundational law that protects the best interests of Native children in state foster care systems.”

“The Native American Rights Fund is glad to see that the United States has joined the Tribal Defendants (Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, and Quinault Indian Nation) in this appeal,” said NARF staff attorney Dan Lewerenz. “It is shocking that the lower court would so casually set aside an Act of Congress that has been in effect for 40 years, and would rely on such novel reinterpretations of Supreme Court precedent to do so. Congress spent years investigating and drafting the Indian Child Welfare Act, and in doing so conscientiously weighed the constitutional issues at stake. We are glad that the United States will continue to defend the constitutionality of this critical statute, which has helped to preserve so many thousands of Indian families.”

Shannon Keller O’Loughlin, executive director of AAIA, said:

“AAIA membership includes American Indian and Alaska Native peoples as well as members of the public. AAIA’s membership supports the continued and consistent implementation of the Indian Child Welfare Act as the only mandate protecting Indian children and families from the sins and racism inherent in some state institutions and recognizing the inherent sovereignty of Tribes to care for the health, safety, and welfare of Indian families. AAIA is grateful for the United States’ support of its fiduciary obligations to our Indian children and families.”

About the National Indian Child Welfare Association

The National Indian Child Welfare Association works to support the safety, health, and spiritual strength of Native children along the broad continuum of their lives. NICWA promotes building tribal capacity to prevent child abuse and neglect through positive systems change at the state, federal, and tribal level. For more information, visit 

Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit 

About the Association on American Indian Affairs:

AAIA is the oldest non-profit serving Indian Country protecting sovereignty, preserving culture, educating youth and building capacity. The Association was formed in 1922 to change the destructive path of federal policy from assimilation, termination and allotment, to sovereignty, self-determination and self-sufficiency. Throughout its 96-year history, the Association has provided national advocacy on watershed issues that support sovereignty and culture, while working at the grassroots level with Tribes to support the implementation of programs that improve lives on the ground. For more information, visit 

Since 1971, the Native American Rights Fund (NARF) has provided legal assistance to Indian tribes, organizations, and individuals nationwide who might otherwise have gone without adequate representation. Throughout its history, NARF has impacted tens of thousands of Indian people in its work for more than 250 tribes. NARF has defended the Indian Child Welfare Act (ICWA) for decades, and will continue to do so. For more information, visit 

Application deadline is 9:00 p.m. EDT, Feb. 26, 2019

WASHINGTON – The U.S. Department of Justice today announced the opening of the grant solicitation period for comprehensive funding to Indian Country to support crime prevention, victim services, and coordinated community responses to violence against native women.

The Department’s FY 2019 Coordinated Tribal Assistance Solicitation, or CTAS, posts today online at 

www.justice.gov/tribal/open-solicitations

. The solicitation contains details about available grants and describes how federally-recognized tribes, tribal consortia and Alaska Native villages can apply for the funds.

“Public safety professionals serving American Indian and Alaska Native communities frequently find themselves under-resourced and over-extended,” said Principal Deputy Associate Attorney General Jesse Panuccio. “This funding will give tribal officials the tools they need to fight violent crime, protect their citizens, serve victims, and deliver justice.”

The funding from the Department of Justice’s Bureau of Justice Assistance (BJA), Office for Juvenile Justice and Delinquency Prevention (OJJDP), Office for Victims of Crime (OVC), Office of Community Oriented Policing Services (COPS Office), and the Office on Violence Against Women (OVW) can be used to for a variety of public safety and justice-related projects and services. Funds can be used to enhance law enforcement; bolster adult and juvenile justice systems; prevent and control juvenile delinquency; serve native victims of crimes such as child abuse, sexual assault, domestic violence, and elder abuse; improve responses to violence against native women; and support other efforts to combat crime.

New to FY 2019 CTAS is funding designated specifically to address violent crime in native communities (Purpose Area 10). Additionally, the Comprehensive Tribal Victim Assistance Program will be replaced by the Tribal Victim Services Program (Purpose Area 7) in FY 2019. This new program will provide funding to a higher number of applicants and provides funding for a broad range of activities, including a needs assessment, strategic planning, program development and implementation, program expansion, and other actions to address the victim service needs of tribes.

Applications for CTAS are submitted online through the Department’s Grants Management System, or “GMS.” Applicants must register with GMS prior to submitting an application. The application deadline is 9 p.m. EDT, Feb. 26, 2019. Applicants will submit a single application and select from any or all of the 10 competitive grant programs, referred to as “purpose areas.” This approach allows the Department’s grant-making components to consider the totality of a tribal nation’s overall public safety needs.

COPS Office’s Public Safety and Community Policing

Comprehensive Tribal Justice Systems Strategic Planning

BJA’s Tribal Justice System Infrastructure Program

OVW’s Violence Against Women Tribal Governments Program

OVC’s Children’s Justice Act Partnerships for Indian Communities

OJJDP’s Juvenile Tribal Healing to Wellness Courts

BJA’s Addressing Violent Crime in Native Communities

Fact sheets detailing each of the individual purpose areas can be found online at: 

. The Department will also facilitate a series of webinars to guide applicants through the CTAS application requirements. Details, including how to register for these webinars, will be made available online in coming weeks at 

Additionally, tribes and tribal consortia may also be eligible for non-tribal federal grant programs and are encouraged to explore other funding opportunities, which may be found at DOJ’s Tribal Justice and Safety website at 

 across nine grant programs totaling more than $113 million.

CTAS is administered by the Department’s Office of Justice Programs, Office of Community Oriented Policing Services and Office on Violence Against Women.

Today’s announcement is part of the DOJ’s ongoing initiative to increase engagement, coordination and action on public safety in tribal communities.

If you have questions, please use the contacts in the message or call the Office of Public Affairs at 202-514-2007.

Justice Department Announces Funding Opportunities to Support Public Safety in Indian Country

Today, the National Congress of American Indians (NCAI) and the Association on American Indian Affairs (AAIA) filed a “friend of the Court” brief supporting the ongoing legal challenge to the Administration’s attempt to diminish most of the Bears Ears National Monument. Five Tribal Nations – the Hopi Tribe, Navajo Nation, Ute Indian Tribe, Ute Mountain Ute Tribe, and Zuni Tribe – filed the lawsuit last year, arguing that 

The NCAI-AAIA brief provides a national perspective on the importance of Bears Ears and the perils of the Administration’s unprecedented move. In particular, they identify specific landmarks, structures, and objects of cultural, historic, and religious importance to tribal nations not otherwise represented in the case, including many Pueblos of New Mexico. According to NCAI and AAIA, all these sites and artifacts – many of which are considered sacred – face significant risk of being forever damaged, lost, or destroyed if the Administration’s action is allowed to stand.

NCAI and AAIA also emphasize the unique role Tribal nations played in creating the Bears Ears National Monument. According to their brief, “Bears Ears is the first national monument protected at the request of Tribes and the first to be collectively managed by…representatives from multiple Tribes.” The Administration, however, has attempted to strip away tribal involvement in the management of Bears Ears at the same time the protections themselves are eliminated.

“NCAI’s brief brings together knowledge and perspectives from a wide variety of tribes – to help the Court understand how important Bears Ears is to thousands of Indian citizens,” NCAI General Counsel Derrick Beetso explained. “We especially appreciate the contributions of the All Pueblo Council of Governors – who represent the 20 Pueblos of New Mexico and Texas – in helping us put together critical new information for the Court’s consideration."

“One of AAIA’s primary initiatives is to advocate for the protection of sacred lands and Native American cultural resources,” according to AAIA Executive Director Shannon Keller O’Loughlin. “Without the designation of Bears Ears as a National Monument where Tribal management is a cornerstone to the Monument’s protection, our sacred Bears Ears will be lost to development – and so will our faith in the government-to-government relationship between Tribal nations and the U.S. government.”

Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit

AAIA is the oldest non-profit serving Indian Country protecting sovereignty, preserving culture, educating youth and building capacity. The Association was formed in 1922 to change the destructive path of federal policy from assimilation, termination and allotment, to sovereignty, self-determination and self-sufficiency. Throughout its 96-year history, the Association has provided national advocacy on watershed issues that support sovereignty and culture, while working at the grassroots level with Tribes to support the implementation of programs that improve lives on the ground. For more information, visit

National Native Organizations NCAI and AAIA File Brief Opposing President Trump’s Attempt to Decimate Bears Ears National Monument

A message from NCAI President Jefferson Keel:

Yesterday marked the 100th Anniversary of the World War I Armistice. Leaders from around the globe gathered at the Arc de Triomphe de l'Étoile in Paris, France to honor the men and women who served during World War I.

As we celebrate the lives and honor the sacrifice of our Armed Service Members from across time, I wanted to recognize the 10,000 WWI Native American Service Members who put their lives on the line for a country that had yet to grant Native peoples the rights of U.S. Citizenship. We remember these warriors and their willingness to protect this land and all people who live here and thank them for their service.

Our Native communities have always held our warriors in highest esteem. Our dedication to service stems from our roots in having been protectors of this land for thousands of years.

As NCAI President, I am dedicated to the preservation and expansion of tribal Veterans services. Veterans Day is not just about acknowledging the sacrifice all Veterans have made for our freedom, but also about renewing our commitment to providing for their well-being when they return home which means access to healthcare, housing, and other benefits that Veterans earn for their service. It is our duty to show our continued support and advocacy on behalf of Native Veterans and all who serve.

I call upon all of Indian Country to join me in honoring and expressing gratitude to all Veterans and active duty service members of the United States Armed Forces. Having served more than 20 years in the United States Army, I would like to say welcome home to my brothers and sisters in arms.

NCAI Honors Veterans on a Historic Veterans Day

WASHINGTON, D.C. | Today, the National Congress of American Indians (NCAI) Executive Committee adopted an emergency resolution opposing the nomination of Eric Miller to the U.S. Court of Appeals for the Ninth Circuit. NCAI and the Native American Rights Fund (NARF) had previously sent a joint letter to the Chair and Ranking Member of the U.S. Senate Judiciary Committee expressing their grave concerns about Mr. Miller’s nomination. 

“Our concern is that [Miller] chose to build a law practice on mounting repeated challenges to tribal sovereignty, lands, religious freedom, and the core attribute of federal recognition of tribal existence. His advocacy has focused on undermining the rights of Indian tribes, often taking extreme positions and using pejorative language to denigrate tribal rights. Indeed, his law firm website touts his record, with over half his private practice achievements coming at the expense of tribal governments,” said NCAI and NARF leadership.

Today’s emergency resolution immediately responds to reports that the Senate leadership will proceed with Miller’s nomination hearing during the Congressional recess next week.

“We are gravely concerned that the Committee is planning to consider this nominee at a time when members of Congress are not in D.C. and will not be able to fully examine his record on Indian law issues,” said NCAI President Jefferson Keel. “This is not how a lifetime appointment to a federal court with jurisdiction over 427 federally recognized Indian tribes should be handled.”

Both NCAI and NARF are committed to protecting the rights of tribal governments. For nearly two decades, NCAI and NARF have jointly advocated for the nomination and confirmation of federal judges who, along with their commitment to uphold the Constitution, are committed to the principles of tribal sovereignty, treaty rights, and the federal trust responsibility enshrined within it. Mr. Miller’s record reflects hostility toward tribal sovereignty, treaty rights, and the federal trust responsibility, or their role in the Constitution and federal law.

Read the full NCAI Resolution #DEN-18-042 here along with the joint letter NCAI and NARF sent to the Senate Committee on the Judiciary on August 21, 2018 on questions and concerns regarding Eric Miller’s nomination.

Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit www.ncai.org.

Since 1970, the Native American Rights Fund (NARF) has provided legal assistance to Indian tribes, organizations, and individuals nationwide who might otherwise have gone without adequate representation. Throughout its history, NARF has impacted tens of thousands of Indian people in its work for more than 250 tribes. NARF has defended the Indian Child Welfare Act (ICWA) for decades, and will continue to do so. For more information, visit 

National Congress of American Indians and Native American Rights Fund Oppose the Nomination of Eric Miller to the U.S. Court of Appeals for the Ninth Circuit

—In a decision published by the United States District Court for the Northern District of Texas, the Indian Child Welfare Act (ICWA) was declared unconstitutional, jeopardizing the landmark legislation protecting tribal children.

This egregious decision ignores the direct federal government-to-government relationship and decades upon decades of precedent that have upheld tribal sovereignty and the rights of Indian children and families. Through 40 years of implementation, ICWA’s goal is to promote family stability and integrity. It continues to be the gold standard in child welfare policy.

While this disturbing ruling is a pivotal moment for Indian Country, we vehemently reject any opinion that separates Native children from their families and will continue to fight to uphold ICWA and tribal sovereignty.

About the National Indian Child Welfare Association:


The National Indian Child Welfare Association works to support the safety, health, and spiritual strength of Native children along the broad continuum of their lives. NICWA promotes building tribal capacity to prevent child abuse and neglect through positive systems change at the state, federal, and tribal level. For more information, visit 


Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit 


AAIA is the oldest non-profit serving Indian Country protecting sovereignty, preserving culture, educating youth and building capacity. The Association was formed in 1922 to change the destructive path of federal policy from assimilation, termination and allotment, to sovereignty, self-determination and self- sufficiency. Throughout its 96-year history, the Association has provided national advocacy on watershed issues that support sovereignty and culture, while working at the grassroots level with Tribes to support the implementation of programs that improve lives on the ground. For more information, visit 


Since 1971, the Native American Rights Fund (NARF) has provided legal assistance to Indian tribes, organizations, and individuals nationwide who might otherwise have gone without adequate representation. Throughout its history, NARF has impacted tens of thousands of Indian people in its work for more than 250 tribes. NARF has defended the Indian Child Welfare Act (ICWA) for decades, and will continue to do so. For more information, visit 

OFFICIAL STATEMENT: Joint Statement on Indian Child Welfare Case Brackeen v. Zinke Ruling

 | The National Congress of American Indians disagrees strongly with the Department of the Interior’s recently announced decision affecting the tribal homelands of the Mashpee Wampanoag Tribe.

In the decision, the Department (DOI) failed to consider the 

 of the Tribe’s evidence in determining whether or not the Tribe was “under the jurisdiction” of the Federal Government in 1934. Instead, the Tribe was unfairly expected to prove that each 

 submitted piece of evidence on its own proved that the Tribe was under federal jurisdiction, rather than viewing the collective evidence presented by the Tribe and then making a determination based on all of the assembled facts.

DOI rendered this unfounded decision despite the fact the Tribe presented evidence that Mashpee Wampanoag children, enrollees of the federal Carlisle Indian School in Pennsylvania, were subjected to the most repugnant policies toward Indians during that era – the forced removal of Native children from their tribal homes so they could be stripped of their cultures and languages. The Tribe also presented evidence that the Office of Indian Affairs considered the Tribe in several large policy discussions, including whether to remove certain groups of Indians from their reservations. In addition, the Tribe provided evidence that a United States (U.S.) Attorney represented the Tribe’s interests in court, but DOI suggested that the Tribe needed to show the actual authorization from the Federal Government enabling the U.S. Attorney to take the case, or some other comparable indicia that a U.S. Attorney was acting on behalf of the Federal Government other than his title at the time he provided the Tribe his services.

Furthermore, the Tribe presented evidence that its lands and people were included in various federal reports documenting Indian tribes at various points in history. However, the decision rejects this clear evidence of federal jurisdiction by inexplicably claiming that these federal reports – in some cases commissioned by Congress – somehow do not constitute “exercises” of federal jurisdiction. DOI also failed to mention the plenary authority exercised by the Federal Government over Indian tribes (as that term is used in the Constitution), much less applicable canons of construction, both of which should have been material factors in making this momentous decision.

This decision severely restricts the Mashpee Wampanoag Tribe’s sovereignty and its ability to exercise meaningful self-governance. In addition, the Tribe’s reservation is now threatened with disestablishment. The Tribe is effectively stripped of important “reliance interests” that will affect the social service programs it provides to its citizens, as well as the economic development ventures (including gaming) that the Tribe relies on to support critical tribal government functions and provide job opportunities to its people.

NCAI is extremely disappointed in this decision, as it reflects the obvious failure of the Federal Government to uphold its trust responsibility to Indian tribes. NCAI demands an immediate response from the Department as to whether this decision indicates that the Administration’s current land policy towards Indian tribes is one of “how to get to no.”

NCAI Objects to the Department of the Interior’s Decision on the Mashpee Wampanoag Tribe and Questions What It Means to the Future of Indian Country

“The National Congress of American Indians gives honor to the life of Senator John McCain and celebrates the time we had with him as a tireless champion for Indian Country and tribal sovereignty. The Senator dedicated many years to Indian Country," said Keel. "Serving as longtime member and former Chairman of the Senate Committee on Indian Affairs, he met frequently with tribal leaders on the Hill, in their community, and at our gatherings. In his last speech at NCAI Senator McCain said, 'We must listen more to you, and get out of the way of tribal authority.' As we close out the day, we extend our sincere condolences with the family of Senator John McCain.”

NCAI President Jefferson Keel Honors Senator John McCain

 — Today, nine leading national civil rights and racial justice organizations formally announced their joint opposition to the Washington National Football League (NFL) team locating its new stadium in the District of Columbia unless the team agrees to drop the 

 the team’s continued use of this offensive mascot, felt compelled to speak out now given the team is actively exploring potential stadium sites across the Washington, D.C. metropolitan area.

“In 2018, no other people of color must confront the harm and ridicule levied by a sports team whose name refers to the color of their skin,” 

Derrick Johnson, President and CEO of the

, stated. “It is long past time that the NFL and its Washington franchise throw this 

 racial slur into the dustbin of history, where it belongs.”

“The need to recognize and respect the humanity of all of our fellow Americans is more critical than ever to the future of our nation. The prospect that our nation’s capital would once again be adorned with this derogatory term runs counter to that ideal,” said 

Kathy Ko Chin, President and CEO of the Asian & Pacific Islander American Health Forum.

The coalition takes particular exception with 

 to locate the new stadium on the site of the team’s former home, Robert F. Kennedy (RFK) Memorial Stadium. That stadium’s namesake was an ardent champion of equality for communities of color, notably 

. Events DC, the city’s official convention and sports authority, is planning a 

 at the site that will serve “as a place of remembrance and a place of teaching and practicing the civil rights and equality ideals Robert F. Kennedy championed.”

“We applaud Events DC’s decision to honor Robert Kennedy’s legacy of racial justice in this place in this way. The Washington NFL team and its symbol of racial injustice should be no part of it,” said 

Janet Murguía, President and CEO of UnidosUS.

“The R-word is the moral equivalent of the N-word,” said 

Marc H. Morial, President and CEO of the National Urban League.

 “It packs the same level of bigotry and insensitivity for Native Americans as any other racial slur. We cannot tolerate the NFL’s continued commitment to normalizing this demeaning characterization of Native Americans. The success of the Washington football franchise does not depend on the name of its team, but rather the talent of its players and leadership. The NFL must abandon its tone-deaf culture as it relates to people of color and change the hurtful name of this team.” 

“We thank our racial equity colleagues for locking arms in solidarity with Indian Country as we grow this decades-long 

 to eradicate offensive Native-themed mascots from the sports landscape once and for all. We call on D.C. Mayor Muriel Bowser and the D.C. City Council to stand firm in its 

 to the team relocating to the District as long as it retains its current name and mascot,” stated 

Jacqueline Pata, Executive Director of the National Congress of American Indians.

 “We also welcome other organizations, governments, corporations, 

, and everyday Americans to likewise choose to stand on the right side of history.”

Advancement Project, Asian & Pacific Islander American Health Forum, Demos, Faith in Action, National Association for the Advancement of Colored People, National Congress of American Indians, National Urban League, Race Forward, and UnidosUS are a collaborative of nine leading national racial equity anchor organizations (the Anchors) supported by the W.K. Kellogg Foundation. Together, we work to promote racial equity, advance racial healing, and ensure that all children, families, and communities have opportunities to reach their full potential

Leading National Civil Rights and Racial Justice Organizations Announce Joint Opposition to Washington NFL Team Locating New Stadium in District of Columbia

WASHINGTON, DC | Today, the Senate Committee on Indian Affairs (SCIA) announced the unanimous confirmation of Tara Mac Lean Sweeney as the Assistant Secretary for Indian Affairs at the Department of the Interior. The National Congress of American Indians applauds the swift confirmation of Ms. Sweeney following the SCIA vote to move the nomination to the full U.S. Senate earlier this month. The Office of the Assistant Secretary—Indian Affairs is a key office in the fiduciary responsibility of the federal government to American Indian and Alaska Native tribes. Congratulations to Ms. Sweeney on her confirmation, and we look forward to working together with the Assistant Secretary as she transitions into office.

U.S. Senate Confirms Tara Mac Lean Sweeney as Assistant Secretary for Indian Affairs

WASHINGTON, D.C. | The House Appropriations Committee adopted an amendment offered by Representatives Betty McCollum (D—MN) and Tom Cole (R—OK) that would support tribal victim services programs. The amendment was adopted by voice vote with overwhelming bi-partisan support.

“We greatly appreciate Congresswoman McCollum and Congressman Cole’s leadership and advocacy to ensure that crime victims on tribal lands have access to the healing and justice they need,” said Jefferson Keel, President of the National Congress of American Indians (NCAI).

Despite federal and tribal government efforts to reduce violence on Indian lands, reservations continue to face staggering rates of violent crime and victimization. A recent Department of Justice (DOJ) study found that more than four in five American Indian and Alaska Native adults have experienced some form of violence in their lifetime. Among American Indian and Alaska Native women, 55.5 percent have experienced physical violence by intimate partners in their lifetime, and more than half at 56.1 percent have experienced sexual violence. DOJ also found that Native victims are more likely to be injured as a result of their violent victimization, more likely to need services, and are significantly less likely to have access to services compared to their non-Native counterparts.

The McCollum-Cole Amendment is an amendment to the FY19 Commerce, Justice, Science Appropriations (CJS) bill. Without this amendment, the bill would have cut tribal funding from the Crime Victims Fund. The Crime Victims Fund is the primary federal source for crime victim services and tribal governments have largely been shut out of that funding. Tribal funding was included for the first time in the FY18 Omnibus appropriations bill. The bill taken up in the House yesterday includes $2.6 billion in outlays from the Crime Victims Fund, the McCollum-Cole amendment directs 5 percent of that funding to tribal governments.

With its adoption by the House Appropriations Committee yesterday, NCAI hopes that similar language will be included in the Senate bill, thereby strengthening the ability of tribal governments to build sustainable crime victim services programs in their communities. The Senate has announced that it will be marking up its version of the FY 19 Commerce, Justice, Science Appropriations Bill during the week of June 11.



The McCollum-Cole Amendment on Tribal Victim Service Passes in the House Appropriations Committee

NATIONAL CONGRESS OF AMERICAN INDIANS COMMENDS ROBERT WOOD JOHNSON FOUNDATION FOR ITS LEADERSHIP ON DEROGATORY MASCOTS

“The National Congress of American Indians (NCAI) commends our partner the Robert Wood Johnson Foundation (RWJF) for its leadership in establishing a new criterion for the RWJF Sports Award excluding any sports team with derogatory mascots from award eligibility. A strong advocate for healthy communities, RWJF is standing on the right side of history as we work together to create healthier communities across the country through cultural awareness and understanding. Congratulations to RWJF on taking this important step into the future, and NCAI looks forward to our continued partnership.”

NCAI Commends Robert Wood Johnson Foundation for its Leadership on Derogatory Mascots

WASHINGTON, D.C. | Yesterday, the Senate failed to come up with the necessary votes to proceed with a full vote on the Tribal Labor Sovereignty Act, an amendment to the National Labor Relations Act that would include tribes in the same exempt category as all other government employers in the United States. The Senate voted 55-41 in favor of moving forward with the legislation, but this tally fell short of the 60 votes needed to prevent a filibuster.

“Obviously, this is disappointing,” said NCAI President Keel. “But I want to thank the Senate for taking up this important issue, and thank each Senator for the time he or she spent to understand the issue and the nature of tribal governments. From the comments we heard on the Senate floor today, we still have much work to do to educating Congress about the fact that tribal sovereignty is not a conditional proposition. However, I am encouraged that we won a majority of votes, and that our issue made it to the Senate floor. We will be back.”

The purpose of the legislation is to fix a problem created by the National Labor Relations Board’s decision to single out Indian tribes as the only form of government in the United States subject to the National Labor Relations Act. Over 90,000 other units of government in America, who employ over 21 million Americans, are not subject to the NLRA. The Tribal Labor Sovereignty Act is a crucial step for Congress to ensure that the United States consistently respects the sovereignty of tribal governments.

Keel continued: “Everyone knows that the U.S. Constitution set up our federal system of government, but far too few know that the Constitution also recognizes the sovereignty of Indian tribes. The reason is found in our history. Our lands and resources were stolen despite the guarantees of treaties and federal laws, and when there was little left to take from us, our rights have simply been ignored. This is the dark history we have inherited. However, tribes have struggled and succeeded in establishing the federal policy of tribal self-determination, economic development is taking hold in many places, and our government structures are growing ever more effective and secure.

“Tribal sovereignty is not an abstract principle. Tribal self-government is critical for us to maintain our cultures and our viability as distinct groups of people. We want our children to grow up with the same traditions and values that we grew up with. These are reasons that everyone in America can understand because these are the basic values of cultural survival that we all share just as much as our need to breathe the air.”

According to NCAI Executive Director Jacqueline Pata, “The Tribal Labor Sovereignty Act builds upon a principle that has been long established by Indian tribes across the country: when tribal sovereignty is respected and acknowledged, successful, accountable and responsible governments and economies follow. This is not merely a legal issue but a moral imperative of protecting and defending the sovereignty of America’s Indian tribes, and guarding against any discrimination against those tribes. There is no good reason to treat tribal governments in any way different from other governments. Federal law should uphold, not undercut, parity of treatment and equality of opportunity for tribal governments.”

NCAI President Jefferson Keel Responds to Senate Vote on Tribal Labor Sovereignty Act

In life, timing is everything as they say. And the time is now for the United States Senate to take up and pass the Tribal Labor Sovereignty Act, a bi-partisan bill that has been pending for years that would uphold the inherent rights of Indian tribes to self-governance. TLSA would provide parity for tribal governments by ensuring they have the same ability as all other governments to regulate labor relations for our government employees.

When the National Labor Relations Act (NLRA) was enacted in 1935, Congress deliberately excluded from its coverage federal, state, and local government employers. For seven decades after the enactment of the National Labor Relations Act in 1935, the National Labor Relations Board (NLRB) held the law also did not apply to tribal government employers, affirming their official status as governments as recognized in the U.S. Constitution. The NLRB’s position made sense, because labor strikes risk paralyzing tribal governments and causing havoc in their communities (just as it would for other governments).

In 2004 – without any directive change in the law – the NLRB pulled an about-face, arbitrarily deciding for the first time that the NLRA applies to tribal government employers. Developed to right the NLRA’s unfounded wrong, the Tribal Labor Sovereignty Act reflects our unwavering belief that tribal sovereignty is not conditional. There is no alternative when it comes to treating tribal governments with the same respect and deference accorded to federal, state, and local governments when it comes to the NLRA.

Sovereignty in this instance simply means tribal governments should be allowed to enact their own laws regulating labor organizing by government employees – just like other governments have always been. The truth is that many tribal nations openly welcome labor unions into the enterprises that they own, and a growing number have designed and enforce their own labor regulations. As tribal governments, we all strive to attract and retain employees and provide the best working conditions and the best incentives for workers. Tribal nations, like other governmental employers, have a huge interest in ensuring that our employees are satisfied and productive. In fact, tribal government employers regularly are hailed as the best employers in our regions.

The NLRB’s decision not to exempt tribal nations as governmental entities gives outside third-party unions the power and control to call a strike of a tribal government’s workforce. This can be devastating to tribal nations, as their governments face potential shutdowns that would stall the provision of public services and vital revenue-generating operations. Therefore, tribal nations must not, have not, and will not stand for the NLRB’s position.

State and local governments are very similar to tribal governments. They employ hundreds of thousands of workers in government-owned enterprises, including hotels, convention centers, state casinos and lotteries, state parks, golf courses, ski resorts, as well as revenue-generating banks, flour mills, and facilities for vehicle repair. All of these state employers and those they employ are exempt from the NLRA. Tribal governments simply ask for the same treatment – fair treatment.

The Tribal Labor Sovereignty Act is a simple amendment to the National Labor Relations Act that would explicitly name tribal governments in the same exempt category as all other government employers in the United States. At the end of the day, policy, as in life, means making choices that define who we are and what we value. The Senate has the opportunity to correct the NLRB’s flawed decision by voting to pass the Tribal Labor Sovereignty Act, upholding tribal self-governance and providing a measure of justice to tribal nations and Native people.



Jefferson Keel is the Lieutenant Governor of the Chickasaw Nation of Oklahoma and the President of the National Congress of American Indians.

Ernie Stevens is the Chairman of the National Indian Gaming Association.

Editorial: Support Tribal Sovereignty and Pass the Tribal Labor Sovereignty Act


WASHINGTON, D.C. | The National Congress of American Indians (NCAI) sent a letter to the Department of the Interior (DOI) Secretary Ryan Zinke urging him to publish notice in the Federal Register of gaming compact amendments for the Mohegan and Mashantucket Pequot Tribes of Connecticut. 

The letter states the following: “These (tribal gaming compact) amendments are very important to economic development for both tribal governments as well as the State of Connecticut, and publication of amended compacts is within your duties under the Indian Gaming Regulatory Act. We urge you to act with dispatch.”

“Under federal law, the Secretary’s publication of gaming compacts is not discretionary. The Secretary may disapprove a compact only if it violates federal law or the trust obligations of the United States. If the Secretary does not approve or disapprove a compact within 45 days, the compact shall be considered to have been approved. At that time, the Secretary is required by law to act;” the law says the Secretary “shall publish in the Federal Register notice of any Tribal-State compact that is approved, or considered to have been approved.” 25 U.S.C. 2710(d)(8).”

The state of Connecticut, in conjunction with the Mohegan and Mashantucket Pequot Tribes, is currently suing DOI in an effort to get the department to follow the law and publish these tribal gaming contracts. The case is currently working its way through the Federal court system. View the letter 

Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information visit

The National Congress of American Indians Calls on the Department of the Interior Secretary Ryan Zinke to Publish Tribal Gaming Compact Amendments

WASHINGTON, D.C. | The National Congress of American Indians (NCAI) has released a new report summarizing results of the first five years of tribal government-expanded criminal jurisdiction over non-Indians under the tribal provisions of the 2013 reauthorization of the Violence Against Women Act (VAWA 2013).

The report was released in conjunction with the March 19th Senate Judiciary Committee Hearing on “The Need to Reauthorize the Violence Against Women Act.”

VAWA 2013 created a framework for tribal courts to prosecute non-Indians for certain violent crimes against Indian citizens—something that has not happened in 35 years, since the U.S. Supreme Court decision in 

 VAWA 2013 recognized and affirmed the inherent sovereign authority of tribal nations to exercise criminal jurisdiction over certain non-Indians who commit domestic or dating violence against Indian victims on tribal lands.

NCAI works closely with the 18 tribal nations who have arrested non-Indians under this landmark provision. These tribes report 143 arrests of 128 different non-Indian abusers. These arrests have led to 74 convictions and 5 acquittals to date, with some cases still pending. VAWA 2013 has allowed tribes to finally prosecute these long-time abusers who previously had evaded justice, and provide increased safety and justice for victims who previously had little recourse against their abusers. The report highlights specific examples illustrating successes as well as gaps in the law that Congress should address.

The report documents how committed each tribe has been to successfully implementing VAWA and ensuring the effective administration of justice in their communities. Not only do non-Indian offenders receive a fair day in court, but many tribes include broader resources aligned with cultural values for community wellness to ensure that these defendants receive help and support. Fifty one percent of the defendants were sentenced to batterer intervention or other rehabilitation programs as a part of their tribal court sentences.

“The success of VAWA 2013 demonstrates that tribes can and will provide effective justice to their communities, and fair process to all those who appear in tribal courts,” said NCAI President Jefferson Keel. 

VAWA 2013 only allows tribal courts to prosecute non-Indians for a narrow set of crimes. The report also documents the limitations of the law, including the lack of tribal court jurisdiction over crimes against children, law enforcement personnel, and sexual assault crimes committed by strangers. Tribes express continued frustration at their inability to prosecute these crimes—many of which occur in conjunction with a domestic violence offense—often with dangerous and devastating consequences for victims. Many tribes also report that a lack of funding is the only thing preventing them from implementing VAWA. “NCAI and its member tribal nations stand ready to advocate for further expansions of this law to ensure public safety and justice in Indian Country,” said Juana Majel-Dixon, Co-Chair of the NCAI Task Force on Violence Against Women.

This project was supported by the Office on Violence Against Women at the Department of Justice however this report does not necessarily reflect the view of the Department of Justice.

, as well as additional resources on NCAI’s 

. Please direct any questions to NCAI Legal Counsel John Dossett at 

 and NCAI Project Attorney Elizabeth Reese at 

NCAI Releases Five-Year Report on Tribal Governments Exercising VAWA 2013 Special Domestic Violence Criminal Jurisdiction Over Non-Indians

WASHINGTON, D.C. | The National Congress of American Indians (NCAI) and South Dakota Tribal Nations today filed an amicus brief before the U.S. Supreme Court in 

, a case that could greatly affect tax policy in Indian Country in South Dakota and nationwide.



While the brief supports neither party to the case, it was filed to ensure that the Justices take tribal governments’ concerns into account when writing their opinion in this tax case.

“The Commerce Clause recognizes tribes as sovereign governments with the authority to collect taxes and to be immune from certain taxes,” said NCAI President Jefferson Keel. “We are urging the Supreme Court to protect these fundamental principles as it considers whether to expand state authority to collect online sales taxes. Tribal governments operate and fund courts of law, police, road systems and schools, and have a great need for tax revenue to fund governmental services.”

At issue is the State of South Dakota’s request that the high court change the current law on internet and mail-order taxation so that the state can receive revenue from these “remote” purchases. Under Court decisions from 1967 and 1992, South Dakota is prohibited from charging sales taxes on items that South Dakotans order from internet or mail-order retailers that are located outside South Dakota with no stores or other facilities in the state.

NCAI’s brief makes three arguments for the Court’s consideration:

• 

, tribes, like states, have the inherent sovereign power to impose taxes on certain transactions. If South Dakota is permitted to tax items that a distant internet or mail-order retailer delivers to, say, Sioux Falls or Rapid City, then a tribe can tax the same items when the same retailer delivers them to tribal members, or others living on Indian land, on the tribe’s reservation.

• 

, if South Dakota is permitted to tax remote sales, it can

 tax items delivered to the tribal government or tribal members on the tribe’s reservation, where Indians are immune from state sales taxes. Otherwise, families living on reservations could suffer from “double taxation,” as they suddenly would become subject to both tribal and state sales taxes.

• 

, straightforward mechanisms, like tribe-state intergovernmental agreements and blanket exemption certificates, can protect these fundamental principles of Indian law – tribes’ power to tax and Indians’ immunity from state sales taxes – regardless of how the Court decides this case.

“We’re simply asking the Court to safeguard tribes’ taxing power and Indians’ immunity from state sales taxes,” said Jenner & Block Partner Sam Hirsch, who co-leads the firm’s Indian law work and is representing NCAI in the matter with Partner Ian Heath Gershengorn, chair of the firm’s Appellate and Supreme Court Practice, and Associate Leonard R. Powell, a member and former elected official of the Hopland Band of Pomo Indians. “Tribal governments impose sales taxes just like state and local governments do, and commonly enter tax agreements with neighboring jurisdictions. At the heart of this case is the Commerce Clause, which expressly protects not only states, but also Indian tribes. The Supreme Court should do the same.”

Oral argument in the case is set for April 17th. View the amicus brief 

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