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.

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 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 

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 

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.”

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 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.”

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 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 

SOUTH DAKOTA V. WAYFAIR: NCAI AND SOUTH DAKOTA TRIBES FILE AMICUS BRIEF ON TRIBAL TAX AUTHORITY FOR ONLINE SALES

WASHINGTON, D.C. | On Wednesday, February 14, 2018, more than 500 tribal representatives from across the United States raised a unified voice in opposition to the FY 2019 President’s Budget during the Third General Assembly at the National Congress of American Indians (NCAI) 2018 Executive Council Winter Session (ECWS) in Washington, DC.

NCAI President Jefferson Keel, on behalf of the NCAI Executive Committee, voiced concern for the untenable cuts proposed for programs that directly uphold the treaty and trust obligations of the federal government to tribes.

“We seek only those things promised to us and every citizen by the U.S. Constitution, and the solemn treaties and agreements reached between our Tribal Nations and the United States. At the founding, the United States dealt with our tribal governments as sovereign equals. In exchange for federal protection and the promise of certain benefits, our ancestors gave forever to the people of the United States title to the very soil of our beloved country. To settle the process for admission of new states, the thirteen original states agreed to transfer western land claims to the United States under the principles in the Northwest Ordinance, including:

The utmost good faith shall always be observed towards the Indians; their land and property shall never be taken from them without their consent; and, in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity, shall from time to time be made for preventing wrongs being done to them, and for preserving peace and friendship with them.

These provisions signify the intent of the Framers to provide for the governance of Indian Country, a compact between the original states and all that followed. We have never asked anything except that these protections be continued. Today the federal government is threatening to limit this protection and these benefits.

The proposed budget cuts to tribal governmental services, if enacted, would represent a clear retreat from the federal commitments and treaty promises made to tribes.

This week, we see the President’s budget would cut the Bureau of Indian Affairs (BIA) by about half a billion dollars, or 15%. BIA Social Services would be reduced by more than 30%, Indian Child Welfare by more than 25%, and critical human services programs, law enforcement and courts programs, environmental protection, housing, and education programs would face unconscionable reductions. Infrastructure programs such as the Indian Community Development Block Grant would be eliminated, and the Indian Housing Block Grant and road maintenance would be reduced.

We support proposals that treat tribal governments equitably, such as the proposed budgetary set-asides in the Department of Justice for tribes. Tribal parity should be the guiding principle for every other department or initiative as well, including addressing the opioid epidemic and building and repairing infrastructure.

We call on Congress to uphold the federal government’s trust responsibility to tribal nations. When tribal nations agreed to accept a smaller land base, the federal government promised to safeguard our right to govern ourselves and to enable tribal governments to deliver essential services, and provide them resources to do so effectively. That is the trust relationship embodied in the U.S. Constitution. Congress and the Administration are responsible for carrying out that trust in the federal budget.”

NCAI released the Indian Country FY2019 Budget Request and provided and in-depth analysis of the impact of the President’s proposed budget on tribes. To learn more, read the initial NCAI FY2019 Budget Analysis 

Contact NCAI Communications Associate Erin Weldon with any questions at 

Statement on Tribal Nations Concern on the President’s FY2019 Budget

WASHINGTON, D.C. | The National Congress of American Indians (NCAI) congratulates the Chickahominy, the Eastern Chickahominy, the Upper Mattaponi, the Rappahannock, the Monacan, and the Nansemond tribal nations on the recent passage of H.R. 984, the 

Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2017

. President Trump signed the bill into law on January 29, 2018, after being introduced by Rep. Wittman in February of 2017 and receiving strong support from Senators Kaine, Warner, and Virginia’s Congressional delegation.

“This is an important moment in U.S. history,” said NCAI President Jefferson Keel. “As the U.S. government continues to correct the mistakes of the past, we look forward to seeing the federal government honor its trust obligations to these six tribal nations in Virginia and all tribal nations.”

After many years of hard work by these six tribal nations in Virginia, there are now 573 federally recognized tribes recognized by the U.S. government. This status provides for a government-to-government relationship between the six nations and the U.S. Government, and endows them with greater ability to create and enforce their own laws and manage their lands and resources.

NCAI Congratulates Tribal Nations in Virginia on Federal Recognition

WASHINGTON, D.C. | NCAI applauds today’s announcement by Major League Baseball that the league’s Cleveland franchise will retire the Chief Wahoo mascot and logo in 2019. NCAI has advocated for the eradication of offensive Native American-themed imagery from sports since 1968, and today’s announcement represents an important milestone for Indian Country in this effort.

NCAI has worked to educate Major League Baseball about this issue in recent years, sending several letters to the league highlighting the importance of removing this harmful mascot and logo, which resulted in a meeting with MLB Commissioner Rob Manfred last year. Damaging imagery like the caricature of Chief Wahoo denigrates Native people and is harmful to their self-esteem, particularly for Native youth. Commissioner Manfred recognizes this fact, and thus kept his word, fulfilling his commitment to work with the team to retire the Chief Wahoo logo. NCAI commends Major League Baseball and Commissioner Manfred for choosing to stand on the right side of history.

“Today’s announcement marks an important turning point for Indian Country and the harmful legacy of Indian mascots,” said NCAI President Jefferson Keel. “These mascots reduce all Native people into a single outdated stereotype that harms the way Native people, especially youth, view themselves. Today’s news is a big step in the right direction, but much work remains, and NCAI will press on with this struggle until every single one of these harmful mascots is gone from the sports landscape.”

MLB is setting the example for how professional sports leagues can and should respect Native peoples. NCAI encourages all major professional sports leagues to follow the lead of Major League Baseball by retiring all offensive Native American-themed mascots, names, and imagery.

Over the past four decades, NCAI, hundreds of tribal nations, and their many partners have succeeding in eliminating more than two-thirds (roughly 2,000) of the Native-themed mascots from sports at all levels (nearly 1,000 remain today). NCAI is pleased to add the Chief Wahoo mascot and logo to that long list.


 to learn how you can join the movement to eliminate harmful Native-themed mascots from sports.


NCAI Applauds Major League Baseball and the Cleveland Franchise for Retiring Offensive Chief Wahoo Logo

WASHINGTON, D.C. | The National Congress of American Indians (NCAI) appreciates the Consumer Financial Protection Bureau’s action to voluntarily dismiss the Bureau’s civil litigation against consumer lending companies of the Habematolel Pomo of Upper Lake Tribe that had been pending in federal court in Kansas in Case No. 2:17-cv-02521. 

NCAI believed the legal theories that the Bureau had advanced in the case were incorrect. In the amicus brief NCAI filed in support of the tribal defendants’ motion to dismiss in November 2017, NCAI explained that the Bureau appeared to have overlooked important federal Indian law precedents and tribal sovereignty principles, namely that tribal powers of tribal self-government are inherent, and that their exercise is vital to fostering economic prosperity and healthy communities in Indian Country.

NCAI is pleased that the Bureau is following U.S. Supreme Court precedent and honoring sovereign rights of tribal governments by taking corrective action to dismiss the case. NCAI and its member tribal nations stand ready to continue to work with the Bureau on a government-to-government basis to assist the Bureau in its important mission.

View 

 in support of the defendant’s motion to dismiss, as well as 

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

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 

Consumer Financial Protection Bureau Honors Tribal Sovereignty in Recent Federal Court Case

WASHINGTON, D.C | The House Natural Resources Committee’s Subcommittee on Federal Lands held a Legislative Hearing today on H.R. 4532 – the 

Shash Jáa National Monument and Indian Creek National Monument Act

. The bill would codify the recent executive action that reduced the Bears Ears National Monument.

The National Congress of American Indians (NCAI) opposes this legislation, and stands with the Bears Ears Inter-Tribal Coalition in efforts to preserve their historical and cultural objects within the Bears Ears region. The Coalition was founded by leaders from five tribes including the Hopi Tribe, Navajo Nation, Ute Mountain Ute Tribe, Pueblo of Zuni, and Ute Indian Tribe to conserve the Bears Ears cultural landscape. Native people practice their freedom of religion in sacred places like the Bears Ears National Monument. NCAI also calls on Congress to uphold the right of Native peoples to freedom of religion.

“For years, NCAI has stood by the five tribes in protecting this sacred area and their cultural and religious practices,” said NCAI President Jefferson Keel. “NCAI will continue to support the five tribes of the Bears Ears Inter-Tribal Coalition and their right to protect their sacred sites and freedom of religion, as well as standing by the many tribes impacted by the National Monument review.”

H.R. 4532 seeks to ratify the recent executive action that diminishes the Bears Ears National Monument in size and replace it with two smaller National Monument units: the 

 unit. This land designation would remove federal protections preserving thousands of tribal historical artifacts.

Further, the bill does not recognize the inherent sovereignty of individual tribal nations in the establishment of management boards and councils. NCAI calls on Congress to recognize each individual sovereign tribal nation's authority to have representation on any such National Monument advisory committees.

NCAI encourages the House Natural Resources Committee to schedule a legislative hearing on H.R. 4518 – the 

Bears Ears National Monument Expansion Act

. H.R. 4518 would expand the Bear Ears National Monument to the 1.9 million acres originally proposed by the Bears Ears Coalition.


NCAI’s membership has strongly supported the designation of the full Bears Ears National Monument since adopting a resolution on this matter in 2015. Since then, NCAI has passed two subsequent resolutions supporting Bears Ears and all other National Monuments which were under review. View NCAI resolutions in support of National Monument designations 

, as well as NCAI’s comments submitted to the Department of the Interior 

NCAI Supports Bears Ears Coalition and Affected Tribes in House Natural Resources Committee Hearing

WASHINGTON, D.C. | NCAI opposes President Trump’s efforts to reduce two monuments that hold tribal sacred places. Today, President Trump issued Presidential Proclamations reducing the size of the Bears Ears and Grand Staircase national monuments in Utah. These monuments were initially designated as monuments to ensure that tribal and American citizens would have use of these significant landscapes for generations to come. The National Congress of American Indians stands by the efforts of all effected Tribal Governments and local communities who are determined to protect these sacred places in their entirety.

The Bears Ears National Monument was decreased by 85% removing protections from 1,148,000 acres. Grand Staircase Escalante National Monument was reduced by 47% removing protections from 896,000 acres. With the two Presidential Proclamations signed today, National Monument protections were removed from over 2 million acres of land.

“The original intent of the Antiquities Act was to protect our tribal sacred sites and the cultural objects in those sites. The history of our indigenous ancestors lives in these sacred places. Today’s action to reduce Bears Ears and Grand Staircase-Escalante endangers our freedom of religion, our histories and our communities,” stated Jefferson Keel, President of NCAI. “We stand with the Tribes of the Bears Ears Inter-Tribal Coalition as well as the Tribes impacted by other Monument designations.”

Bears Ears and Grand Staircase-Escalante were both designated under the original intent of the Antiquities Act. The Antiquities Act granted power to the President to create national monuments to protect Tribal sacred sites and cultural objects. The Act does not grant the President the authority to reduce and revoke the boundaries of national monuments as was done today.

NCAI’s membership is steadfast in its full support of all Tribes to protect their ancient objects and histories by National Monument protections. As the Administration continues the review process of national monuments, NCAI remains working to ensure all sacred sites remain protected.

View NCAI resolutions in support of National Monument designations 

 and NCAI’s comments submitted to the Department of the Interior 

NCAI Opposes Executive Action on the Reduction of National Monuments

Oneida Nation Homelands – Nov. 21, 2017 –

 A coalition of the country’s most prominent advocacy and civil rights organizations today called on media organizations to refrain from using the offensive R-word name of the Washington NFL team during their Thanksgiving Day coverage. The Washington franchise will take on the New York Giants in a high-profile, nationally broadcast game on Thursday.

Endorsees of the just-released letter include: NAACP, National Urban League, Advancement Project, Asian and Pacific Islander American Health Forum, Demos, PICO National Network, Race Forward, UnidosUS, National Congress of American Indians, Oneida Indian Nation and Change the Mascot.

“Thanksgiving is often the only major American holiday that brings Native people and their history into the national conversation. Using the holiday to promote the Washington team’s derogatory name will further marginalize Native Americans who have already experienced histories of oppression and violence,” the letter states. “Media organizations can do their jobs by reporting on the team, but also refrain from using the slur and denigrating Native people.”

The letter goes on to highlight the substantial and tangible destruction caused by the use of the R-word. It points to social science research proving that such mascots and slurs lower self-esteem and mood among Native American youth, and also increase negative attitudes towards Native Americans among other races.

“In light of all of the evidence of destruction caused by the R-word’s use, we are hopeful that you will pledge to honor this modest request,” the letter continues. “At a time when our political debate is so polarized, media organizations should be able to agree to not explicitly promote a racial slur.”

Today’s plea to media organizations is part of Change the Mascot’s grassroots movement to educate the public about the damaging effects on Native Americans arising from the continued use of the R-word. This civil and human rights movement has helped reshape the debate surrounding the Washington team’s name and brought the issue to the forefront of social consciousness.

Since its launch, the campaign has continually garnered support from a diverse coalition of prominent advocates including elected officials from both parties, Native American tribes, sports icons, leading journalists and news publications, civil and human rights organizations and religious leaders. A full list of Change the Mascot supporters can be found at:


http://www.changethemascot.org/supporters-of-change/

.

The full text of today’s letter to media organizations can be found at:


http://www.changethemascot.org/wp-content/uploads/2017/11/CHANGE-THE-MASCOT-Broadcaster-Letter-Nov-21-2017.pdf

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