WASHINGTON, DC — Today, the Office of the Assistant Secretary – Indian Affairs announced the Department of the Interior’s decision to place a 1.08-acre land parcel owned by the Craig Tribal Association into federal Indian trust status.

“The finalization of the tribal land-into-trust application is very good news for Alaska tribes,” said Brian Cladoosby, NCAI President. “Land into trust will enable Alaska tribal governments to protect lands for future generations and to better exercise governmental authority for the protection of their citizens.”

Public safety is a significant concern in Alaska Native villages. The State focuses its resources in the urban areas, and in the villages the problems of violence and drugs are often not addressed. Two recent blue ribbon panels, the Congressionally-created Indian Law and Order Commission and the Secretarial Commission on Indian Trust Administration and Reform, have both recommended that the prohibition on land-into-trust in Alaska be removed. This land currently houses the Tribe’s offices, town hall, and a commercial space used by the Alaska Court System. This will have an immediate positive impact on their Tribal citizens and the community of Prince Wales Island as a whole by allowing the Tribe to provide additional benefits and services. NCAI strongly supports the progress on this critically important issue for Alaska tribes.

“When tribal governments set their own policies and enforce the laws in their own communities, then they can take care of law enforcement, improve their economy, and help to build productive communities,” said President Cladoosby.

The federal trust relationship to tribes is a sacred and valuable relationship that must be preserved and protected. Millions of acres of Native American lands have been lost when and where federal-tribal trust relations were compromised.

Tribal land into trust is not new in Alaska. The Metlakatla (Annette Island), Klawock, and Kake tribes have land in trust and have had for decades. The State of Alaska benefits from strong tribal governments who support local services and drive economic development.

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 Congratulates US Department of the Interior and Craig Tribal Association on Land-into-Trust in Alaska

Today the Army Corp of Engineers announced its decision not to grant the easement to the Dakota Access Pipeline crossing the Missouri immediately above the Standing Rock Sioux Reservation, and to study alternate routes.

“Our prayers have been answered. This isn’t over, but it is enormously good news,” praised NCAI President Brian Cladoosby. “All tribal peoples have prayed from the beginning for a peaceful solution, and this puts us back on track. From the beginning, the Standing Rock Sioux Tribe has asked for a full environmental analysis to consider threats to the water, and also the social and cultural impacts. Peace, and prayer, and water protectors have led to the right outcome.”

“The Army Corps, the Justice Department, and the Interior Department deserve great credit for conducting a government-to-government consultation with Standing Rock and many other Tribal Nation Leaders. We express great appreciation to the leadership,” Cladoosby continued. “Full consideration of Tribal impacts is necessary, and it will help to de-escalate the confrontation at Standing Rock.”

Tribal leaders from all over the country have gathered in a serious of government-to-government consultation meetings, in Phoenix, Seattle, Albuquerque, Billings, Maine, Minneapolis, and Rapid City. The unprecedented showing of support for the Standing Rock Sioux Tribe’s struggle against the Dakota Access Pipeline has been due to the long history of infrastructure projects bringing great harms to Tribal lands, waters, treaty rights, and sacred places.

“Although tribes want and support infrastructure development,” said Cladoosby, “not at the cost of our drinking water and sacred sites. We have to be at the table early to plan so that infrastructure benefits everyone.”

The movement at Standing Rock has brought an important opportunity to address the nation-to-nation relationship in the context of infrastructure decision-making. NCAI Resolution PHX-16-067 has urged that for any project affecting Tribal lands, waters, treaty rights, or sacred spaces, at the outset the United States must recognize that Indian Nations are governments, consider treaty rights and the trust obligations, including informed consent, uphold all statutory obligations, and ensure that Tribes are not carrying the burdens without the benefits.

“We are entering a season of cold and snow, in North Dakota, and also a time of celebrating the holidays,” Cladoosby concluded. “We hope everyone involved on all sides of this issue will be able to be with their families for the holidays, while the project route is reconsidered. We can all pause to celebrate the Creator. In the New Year, let us put our minds together and see how we can find a solution.”

To read the Standing Rock Sioux Tribe Press Release 

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 

Army Corps Decides Not to Grant Easement for Dakota Access Pipeline Crossing

National Congress of American Indians Veterans Day Message

On this day, across the Nation, citizens are honoring the brave members of the United States Armed Forces. As President of the National Congress of American Indians (NCAI) I am proud to also stand and express my deepest gratitude to our nation’s Veterans, Native and non-Native, reflecting on their courage and sacrifices they have made.

Native Americans have a long history of distinguished service in this country; serving at one of the highest per-capita rates of any population. My own family has served in the Armed Forces for generations, including my father who served in the Korean War.

As Native peoples, we exemplify a high standard of support and recognition for our Native Veterans. Not just on Veterans Day, but every day, we give thanks to our Veteran brothers and sisters for ensuring that we as Native peoples continue to survive and thrive. Through this pursuit of honor and recognition, NCAI has supported the National Museum of the American Indians in the efforts to create a 

National Native American Veterans Memorial

As we take the time today to celebrate, I want to remind you that it should not be just about honoring our Veterans but also reciprocating what they have done for us by committing to their well-being and quality of life. All that we have overcome has been in no small part through the valiant efforts of our Veterans.

I ask that you take some time today to reflect and pray for our Veterans and to find ways that you can support the Veterans in your community.

To learn more about Veteran issues, NCAI has a long standing Veterans Committee that helps share with all tribes, government officials, and supporters the issues affecting our Native Veterans such as adequate access to homeownership and small business loans programs, proper health care, educational grants, jobs, and homelessness. The NCAI latest resolutions passed regarding Veterans can be found here:

Veterans Day Message

NCAI Applauds Department of the Interior for Recognizing Tribal Role in Managing Federal Lands and Natural Resources

Washington, DC, October 21, 2016 | NCAI applauds the U.S. Secretary of the Interior Sally Jewell as she announced a Secretarial Order encouraging cooperative management opportunities between the Department’s land managers and federally-recognized tribes. Through this effort, the Department of the Interior is recognizing enhanced management through collaborative partnerships and the integration of tribal knowledge, practices, and concerns into the management of federal lands and natural resources where there is a connection to tribal communities.

According to the Order, agencies are directed to identify opportunities, engage in consultation with tribal governments, and to undertake efforts to develop collaborative partnerships with tribes in the management of resources.

NCAI has long supported and advocated for the advancement of cooperative relationships that foster and integrate traditional indigenous knowledge and practices into the management of natural resources that affect tribal lands, empowering tribal self-determination and resiliency of tribal communities. NCAI will continue to work with tribes to ensure equitable participation by tribes in the co-management of traditional and customary resources for the continued well-being of their peoples and appropriate co-management agreements.

NCAI Executive Director Jacqueline Pata said, “The Order announced today sets up a process and identifies the need for cooperative relationships that will benefit tribes in their efforts to manage natural resources. This also supports the exercise of our rights, and provides recognition of essential indigenous knowledge.”

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

President Obama Hosts 8th Annual White House Tribal Nations Conference



WASHINGTON DC, Sept. 26, 2016 | Today, Indian Country gathered in Washington, DC to thank President Barack Obama for fulfilling his promise to Native Americans. President Barack Obama, tribal leaders, and federal officials gathered today for the 8th Annual White House Tribal Nations Conference (WHTNC). Tribes gathered to celebrate the Obama Administration, and honor his commitment to Native Americans over the course of his presidency.

“President Obama expressed a deep commitment to Indian Country when he took office, and pledged to honor the government-to-government relationship with tribal nations,” said NCAI President Cladoosby. “As a result, today was a convening of heads of nations. This Administration has set the bar higher than ever before.”

Under the Obama Administration, great strides were made toward establishing a cohesive government-to-government relationship with tribal nations. The White House Council on Native American Affairs, the White House Tribal Nations Conference, and Native Americans filling key positions in the White House and Administration all contributed to a strengthened relationship with tribes.

As a result, tribal leaders felt moved to thank and honored President Obama, who was gifted with a blanket.

Exchanges between cabinet members and tribal leaders affirmed that no other President has done more for Indian Country. It also became clear that with 116 days remaining, we are still focused on getting the job done.

“In a spirit of cooperation and mutual respect, we’ve made a lot of progress for Indian Country over the past eight years. And this moment highlights why it’s so important that we redouble our efforts to make sure that every federal agency truly consults and listens and works with you, sovereign to sovereign,” said President Obama in his speech.

“I want everybody in this auditorium and all the folks back home in your respective communities to know that this whole time, I've heard you. I have seen you. And I hope I've done right by you. And I hope I've set a direction that others will follow,” said President Obama.



 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.

FOR IMMEDIATE RELEASE
Sept. 23, 2016

CONTACT
ncaipress@ncai.org

WASHINGTON, DC, Sept. 23, 2016 | The National Congress of American Indians (NCAI) is pleased that the federal government has proposed procedures for reestablishing a government-to-government relationship between the United States and the Native Hawaiian community. NCAI has fully supported the Native Hawaiian people in their quest for self-determination and self-governance for many years. NCAI Resolutions PHX-03-004, PSP-99-042, MSP-00-032, and SPO-01-087 all support the sovereign rights of Native Hawaiians and recognize the need to develop a true government-to-government relationship with the Native Hawaiian community.

Native Hawaiians will now be afforded the basic self-governance rights afforded other major Indigenous peoples in the United States under federal law. Native Hawaiians have suffered through similar colonial policies and the dispossession of lands, resources and culture, and we expect the federal government will now demonstrate meaningful respect by engaging Native Hawaiians as a sovereign Indigenous nation.

As noted in the Advance Notice of Proposed Rulemaking, Congress has enacted more than 150 statutes expressly affecting Native Hawaiians, and it is these laws that define the scope of Federal programs and services for Native Hawaiians.

We urge the Department of the Interior to take action on this process that will support the self-determination and economic self-sufficiency of Native Hawaiian people. Like all of the nation’s indigenous peoples, Native Hawaiians lived on their homelands and governed their own affairs before the first contact with Europeans. Like all of the Indigenous peoples of the United States, Native Hawaiians deserve the right to determine their own future and maintain their culture, language, and identity. This is a purpose that all Americans can support, and we urge swift action by the Administration.





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.

Comments in Support of Procedures for Reestablishing a Formal Government-to-Government Relationship with the Native Hawaiian Community

FOR IMMEDIATE RELEASE
Sept. 23, 2016

CONTACT
ncaipress@ncai.org

WASHINGTON, DC, Sept. 23, 2016 | The National Congress of American Indians (NCAI) looks forward to the tribal consultation sessions announced today by the Department of the Interior, the Department of Justice, and the Department of Army. These federal departments are taking the next step as outlined by their September 9, 2016 Joint Statement in setting a tribal consultation schedule, to address longstanding issues of ensuring meaningful tribal input into infrastructure-related reviews and decisions that impact tribal communities, resources, and lands.

“Tribal Leaders from across Indian Country have come together in an unprecedented show of support for the Standing Rock Sioux Tribe, in the fight to protect their water and cultural places,” said NCAI President Brian Cladoosby, “So many of our tribal nations have dealt with the same type of issues protecting our natural and cultural resources.”

NCAI encourages the advancement of tribal sovereignty, and anticipates these tribal consultations sessions as an opportunity for tribal nations to their take place as governments during the review and permitting process of projects that will impact tribal waters, lands, and sacred places.



NCAI Hopeful for New Opportunities to Protect Tribal Lands, Waters, and Sacred Places with the Scheduling of Federal Government Tribal Consultation Sessions



Today, the U.S. District Court for the District of Columbia issued a ruling denying the Standing Rock Sioux Tribe’s request for a preliminary injunction to stop construction of the Dakota Access Pipeline. However, immediately following the release of the Court’s decision, the Departments of Justice, Army, and Interior released a joint statement indicating that construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward until the Army Corps can determine whether it will need to reconsider important issues raised by the Standing Rock Sioux Tribe and other tribal nations.

The Departments also indicated that this case has raised a need for serious discussion on whether national reform is necessary to ensure full consideration of tribal views in these types of infrastructure projects.


NCAI President Brain Cladoosby made a statement on today’s court ruling and joint statement:

“We as Native people have endured many battles and we still remain. Despite the setback in court today, I’m encouraged by the decision of the Departments of Justice, Army, and Interior to halt construction of the pipeline near Standing Rock’s waters and sacred places, in accordance with its trust responsibility to tribal nations. What I’ve seen in my two visits to Standing Rock is the transformative power Indian Country has when we stand together and speak with one voice to protect our waters, our lands, and our sacred places for future generations. No decision from any court can take away the power of our prayers, our songs, and the collective voice of our peoples. NCAI and all of Indian Country will continue to Stand with Standing Rock.”


Departments of Justice, Army, and Interior Joint Statement



For more information, please visit NCAI’s website or contact Colby Duren, Staff Attorney & Legislative Counsel, 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

Tribes Lose Dakota Access Pipeline Decision - Win on Federal Front

WASHINGTON, DC, Sept.7, 2016 | On Tuesday, Sept.6, National Congress of American Indians (NCAI) President Brian Cladoosby delivered remarks at the White House Council on Native American Affairs. As the first tribal leader to address the council, President Cladoosby thanked the Obama Administration for strengthening ties between the White House and Indian Country.

In his opening remarks, President Cladoosby also praised the Administration for the cross-agency agreements and programs that have been created.

Among the many successes listed were increased jurisdiction authority through the Violence Against Women Act, the restoration of tribal lands, and President Barack Obama's historic visits to the Standing Rock Indian Reservation and Alaska.

“Tribal nations look forward to working with President Obama and the Administration at the upcoming White House Tribal Nations Conference to secure the progress and the strong legacy that he is leaving in Indian Country,” said President Cladoosby of the upcoming event.

President Cladoosby also discussed opportunities for the Administration to continue its work in the remaining days of Obama’s presidency, including designating Bears Ears as a National Monument, finding long-term solutions for persistent issues at the Indian Health Service, and issuing a new Memorandum of Opinion on the scope of the federal trust responsibility.

In his closing remarks, President Cladoosby also asked the council to uphold its trust responsibility in its dealings with the Standing Rock Sioux Tribe, which is currently protesting the Dakota Access Pipeline.

“What all tribes want to leave to the next generations are our lands, waters, natural resources and sacred places. When these are lost, it does irreversible harm to our tribes,” said President Cladoosby. “The world is watching.”

“For far too long, our lands and resources were seen as disposable and consultation requirements were not fulfilled leaving tribal voices diminished in the larger conversation,” continued President Cladoosby. “All tribes have faced this in one form or another, and Standing Rock has become the symbol for many in a way that has brought Indian Country together.”

In support of the Standing Rock Sioux Tribe, President Cladoosby submitted a letter to U.S. Attorney General Loretta Lynch on Sept.5 requesting federal monitors and federal law enforcement to protect protestors and sacred places at the Standing Rock Indian Reservation.




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.

NCAI President Delivers Remarks at White House Council on Native American Affairs

WASHINGTON DC | On Monday, July 18, through Thursday, July 21, 2016, tribal government leaders from four U.S. Indian tribes and nations will travel to Havana, Cuba alongside the Native American Finance Officers Association (NAFOA) and National Congress of American Indians (NCAI) to meet with Cuban government officials.

Cubano e Indio Americano: Sovereignty in Action

 is the first diplomatic exchange of its kind with the mission to create engaging and empowering dialogue between leaders of Cuban and U.S. Tribal Governments to build collaborative partnerships through a mutual exchange of culture and economic understanding.

 is an incredible opportunity for not only Indian Country, but also for Cuba,” said NAFOA President & Oneida Nation Chairwoman Cristina Danforth. “We’ve found that there are several socio-economic, cultural, and historical parallels to our communities, and we’re looking forward to this mutual exchange with our nations. This is an exciting time for tribal sovereignty and NAFOA is humbled to be a part of this next step.”

Tribal leaders from NAFOA and NCAI (Washington DC), Colusa Indian Community (California), Oneida Nation (Wisconsin), Seneca Nation of Indians (New York), and the Swinomish Tribal Indian Community (Washington), will be discussing four theme areas including Economics, Finance, and Commerce; Culture & Diplomacy; Agriculture & Food Sovereignty; and Life Science Research & Medical Advancements with Cuban Government Ministries and Offices.

“Relationships built through cultural understanding empowers people and nations to exchange quality information from a place of collaboration and cooperation,” said NCAI President & Swinomish Indian Tribal Community Chairman Brian Cladoosby. “Nation-to-Nation relationship building opens learning opportunities to create stronger economies, advancements in medicine, and more.”

The exchange is being facilitated directly with the Cuban Government and the Cuban Embassy. In Havana, tribal leaders are scheduled to meet with a number of officials including the Ministry of Foreign Trade and Investment, Ministry of Tourism, Ministry of Culture, Ministry of Fisheries, and the Ministry of Agriculture.

In addition to the diplomatic meetings there is also a focus on cultural exchange that will include a traditional performance by a Seneca Nation dance group. There will also be an opportunity to learn about the Cuban health care system with a tour of the Cuban Center for Biotechnology and Genetic Engineering and the Latin American School of Medicine.

NAFOA will be capturing daily trip updates through its website at 

Check back for photos and content updates during the trip.

For all media inquiries contact Ricki McCarroll at 

Native American Finance Officers Association (NAFOA)

Through its work in growing tribal economies and strengthening tribal finance NAFOA supports the advancement of independent and culturally vibrant American Indian and Alaska Native communities. NAFOA launched over three decades ago as the Native American Finance Officers Association to highlight the role of tribal finance in fostering economic opportunities. Since that time, NAFOA has grown along with tribal economies. Today NAFOA advocates sound economic and fiscal policy, develops innovative training programs in financial management, builds the financial and economic skills of the next generation, and convenes tribal leadership, experienced professionals, and economic partners to meet the challenges of economic growth and change.

National Congress of American Indians (NCAI)

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 

Press Release available for download at: 

Today, the U.S. Environmental Protection Agency and Department of Justice announced a settlement agreement in pending litigation regarding allegations of deceitful emissions tests and deceiving customers by Volkswagen. Under the $14.7 billion settlement, Volkswagen is required to spend $2.7 billion to fund projects across the country that will reduce emissions of nitrogen oxide for interested states, cities, Indian tribes, and federal agencies. Part of the fund is reserved solely for tribes. “The Volkswagen settlement agreement marks the first time tribal governments have been specifically included in a major public settlement and is an important recognition of our status as sovereign nations,” said NCAI President Brian Cladoosby. “This will hopefully set a precedent for tribes to be considered in our rightful place among the family of governments in future settlements.”

For more information on the settlement, please visit:

https://www.epa.gov/enforcement/volkswagen-clean- air-act- partial-settlement#partners

Tribal Sovereignty Recognized in Volkswagen Settlement Agreement with the EPA and DOJ

FOR IMMEDIATE RELEASE
June 23, 2016

CONTACT
ncaipress@ncai.org

U.S. Supreme Court Affirms Tribal Court Jurisdiction in Dollar General v. Mississippi Choctaw


Washington, DC - Today, June 23, 2016, the Supreme Court issued its ruling in 

Dollar General v. Mississippi Band of Choctaw Indians

 (No. 13-1496). The decision was a 4 to 4 tie, meaning that there is no written opinion, and the evenly divided court affirms the decision of the Fifth Circuit, which upheld the jurisdiction of the Mississippi Band of Choctaw Tribal Courts over tort claims brought by a tribal member against a corporation doing business on the reservation. The Fifth Circuit decision is not direct precedent outside of the Fifth Circuit (Mississippi, Louisiana and Texas) but is persuasive for other courts and affirms the longstanding legal principle that tribal courts have civil jurisdiction over non-Indian conduct arising from consensual relations on Indian reservations. 

“Tribal courts must have the authority to protect and provide remedies for tribal members who are subjected to assault on an Indian reservation,” said NCAI President Brian Cladoosby. “The Supreme Court upheld the Fifth Circuit's decision, and the civil lawsuit against Dollar General in the Mississippi Choctaw Tribal Court will proceed. While we applaud this result, we also remember that the offender in this case was never held criminally responsible for his crimes. For victims on tribal lands to truly have access to justice, Congress must take action to untie the hands of tribal courts and allow them to prosecute offenders who commit crimes against our children regardless of their race.”




With this decision, the Supreme Court is three for three in upholding tribal sovereignty in major Indian law cases this year. In 

, a unanimous Court upheld the authority of the Omaha Tribe to impose a liquor tax, and rejected the State of Nebraska’s argument that the reservation was diminished. In 

, the Supreme Court unanimously upheld the reliability of tribal court convictions as a predicate for the federal crime of habitual domestic violence. Both 

 are very important cases for the ability of tribal courts to protect tribal members from domestic violence and sexual assault.



 case, a young tribal member participating in a job-training program was sexually assaulted by the store manager at the store during work hours. His parents sued Dollar General in Tribal Court for damages caused by the assault. Dollar General filed this action in federal court, asserting that a tribal court cannot assert tort jurisdiction over a non-Indian business on a reservation. The Fifth Circuit ruled that because Dollar General agreed to participate in the job training program, it was subject to tribal court jurisdiction over conduct that arose from the employer relationship. Copies of the Fifth Circuit decision and briefs on the merits are 

, the Supreme Court said that Indian tribes generally lack civil jurisdiction over non-Indians on non-Indian fee land within the reservation with two exceptions. First, a tribe may regulate "through taxation, licensing, or other means, the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealing, contracts, leases, or other arrangements." Second, a tribe "may also retain inherent power to exercise civil authority over the conduct of non-Indians on fee lands within its reservation when that conduct threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe." This legal standard now has added force.




The major question decided is that tribal courts have jurisdiction to protect their members from intentional torts committed within the context of an employer relationship by a business that is located on tribal lands. This is a particularly important question because Indian tribes do not generally have criminal jurisdiction over non-Indians. The ability to seek a civil remedy, then, is the only deterrent to unlawful actions committed by non-Indians who are working or doing business on the reservation.A recent study by the National Institute of Justice found that more than 4 in 5 Indians will experience violent victimization in their lifetime and nearly all (more than 90% of Indian men and 97% of Indian women) will be victimized by a non-Indian offender.

If you have questions, please contact John Dossett at jdossett@ncai.org.

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.

U.S. Supreme Court Affirms Tribal Court Jurisdiction in Dollar General v. Mississippi Choctaw

FOR IMMEDIATE RELEASE
June 22, 2016

CONTACT
ncaipress@ncai.org

President Signs Indian Trust Asset Management Reform Act Into Law


NCAI to Hold Special Session to Discuss Implementation Tuesday, June 28 at the NCAI Mid Year Conference in Spokane, WA

Washington DC - Today, in a major step forward in tribal self-determination over trust land management, President Obama signed H.R. 812, the Indian Trust Asset Management Reform Act. The Act establishes an Indian trust asset Demonstration Project, in addition to other provisions empowering tribes to better manage their own trust assets.

The primary feature of the new law is a Demonstration Project that empowers tribes to develop plans for trust asset management with tribal objectives and priorities. The tribal plan and regulations, when approved by the Secretary of the Interior, can authorize the tribe to engage in surface leasing, forest management, and appraisals without any further approval of the Secretary.

The new law also authorizes the Secretary of the Interior to create the position of Under Secretary for Indian Affairs to supervise and coordinate trust functions that are now separate in the OST, Bureau of Indian Affairs, and other divisions of Interior. Further, the Secretary of the Interior is required to consult with tribes and develop a plan for the future of the OST.

“Tribal leaders want to move to a system focused on tribal self-determination and economic opportunities,” stated NCAI President Brian Cladoosby. “This Act allows for tribes to have greater control over decision making and furthers tribal self-governance. It is a significant milestone for the modernization of the trust relationship between the federal government and tribal nations.”

On behalf of Indian Country, NCAI would like to thank Representatives Mike Simpson (R-ID), Denny Heck (D-WA) as well as Representatives Cole, Kilmer, DelBene, Labrador, Reichert, McMorris Rodgers, Pocan, Jones, Gosar, and Newhouse. In the Senate, we would like to thank Senator Mike Crapo (R-ID), who sponsored the Senate mirror bill, Senator James Risch (R-ID), Senator Patty Murray (D-WA), and the entire Senate Committee on Indian Affairs.

NCAI will hold a special session at the Mid Year Conference next week in Spokane, Washington. This breakout will take place Tuesday, June 28 from 1:30 to 4:00 pm in the Spokane Convention Center - view the agenda here. The discussion will be led by Vice Chairman Ernie Stensgar of the Coeur D’Alene Tribe, who has been in the forefront on the legislation for many years. In addition to the new law, this session will address other areas of the trust reform effort, including Department of the Interior’s new Rights-of-Way Regulations; an update on the Land Buy-Back Program; Interior’s goal of place 500,000 acres in trust; and discussion with Office of the Special Trustee.

For more information, please contact John Dossett, General Counsel, jdossett@ncai.org; or Colby Duren, Staff Attorney, cduren@ncai.org.

President Signs Indian Trust Asset Management Reform Act Into Law

FOR IMMEDIATE RELEASE
June 17, 2016

CONTACT
ncaipress@ncai.org

NCAI Applauds the U.S. Army Corps of Engineers Announcement Recognizing Tribal Sovereignty and Cooperative Management

Washington, DC - Today, the United States Army Corps of Engineers announced two major changes to improve the partnership between the Corps and tribes to manage water resource projects and activities and further protect tribal natural and cultural resources.

First, Secretary of the Army delegates their authority under Section 1031(b) of the Water Resources, Reform and Development Act 2014 to enter into cooperative agreements with federally recognized tribes to protect fish, wildlife, water quality, and cultural resources to all divisions and districts of the Army Corps. Bringing this process to the local level allows for more tribes to enter in to cooperative agreements, share management responsibilities, protect their resources using culturally appropriate practices, and further build economic capacity of tribes to expand their management practices.

The Army Corps also announced that it is removing the legal requirement that a tribe must waive its sovereign immunity when entering into a legally binding agreement for the construction of a water resources project with the Corps. This requirement was a major obstacle for tribal participation and often the reason many projects were not planned or built.

NCAI President Brian Cladoosby said, “Indian Country applauds the Army Corps for listening to the concerns of our tribal nations, honoring tribal sovereignty, and supporting cooperative management agreements to help protect our valuable tribal resources. Today’s decisions are important not just for the many tribes with Army Corps projects near their homelands, but it demonstrates the positive impact of tribal consultation and true Nation-to-Nation partnership.”



FOR IMMEDIATE RELEASE
June 14, 2016

CONTACT
NCAIPress@ncai.org

National Native Organizations Receive Funding to Pursue First Kids 1st: Every Native Child is Sacred Initiative

Washington, DC – This week, the W.K. Kellogg Foundation awarded a generous grant to the National Congress of American Indians (NCAI), the National Indian Child Welfare Association (NICWA), the National Indian Education Association (NIEA), and the National Indian Health Board (NIHB) to support a nationwide campaign to lift up and support Native youth.

This initiative - called First Kids 1st: Every Native Child is Sacred - aims to galvanize systems changes in education, health, welfare, and governance to better support Native children and youth. In each of these areas, community-determined and community-driven changes will improve the systems that impact Native youth, allowing them more and better opportunities to achieve their full potential.

The collaboration began in 2008 with the creation of the original National Children’s Agenda, crafted by these four partner organizations and also funded by the W.K. Kellogg Foundation. The Agenda was updated in 2015 as the Native Children’s Policy Agenda: Putting First Kids 1st, with tribal strategies and policy objectives to implement its principles. The partners look forward to engaging with tribal leaders, community leaders, tribal citizens, and Native youth across Indian Country and the nation to realize the vision of First Kids 1st.

“First Kids 1st asks for all of us to make our Native children and youth our first priority. In whatever position we hold, we all have the opportunity to ensure our youth will thrive and prosper. Through love, responsibility, and focus we can take opportunities for our children and youth to the next level,” shared NCAI Executive Director Jaqueline Pata.

The First Kids 1st initiative comes at a pivotal time, with Native youth making up 39 percent of the American Indian and Alaska Native population. These demographic trends bring unique opportunities to address some of the longstanding disparities seen in Indian Country and Native communities. Through multi-media communications, community engagement, data development, policy analysis, and capacity building, the First Kids 1st Campaign will offer a range of strategies, activities and tools so that communities can design and implement the solutions that best address their needs.

NICWA Executive Director Sarah Kastelic stated, “Our First Kids 1st team looks forward to working alongside all of our community partners. No one organization can do this work alone; we need each other to address the needs of children and youth holistically. Collaboration makes our vision clearer, our efforts stronger, and our success more certain.”

With the new funding from the W.K. Kellogg Foundation, First Kids 1st will reinforce outreach efforts and ramp up capacity building trainings beginning this summer and fall. “We know that targeted, sustained, and smart investments can make all the difference in our tribal communities. This is an exciting time and we are honored to have a role in that investment in our Native children and youth.” shared Stacy Bohlen, NIHB Executive Director.

Campaign partners also look forward to sharing the updated 2015 Native Children’s Policy Agenda: Putting First Kids 1st, and providing youth data and policy recommendations. “Decision makers at every level need real-time, accurate information about our children and youth. Part of our charge will be to drill down on that data, and share it broadly so that policies and programs designed for our youth bring the benefits they promise,” stated NIEA Executive Director Ahniwake Rose.

“This campaign is about caring communities creating capable and confident kids. It’s as simple as that,” said Pata. The First Kids 1st partner organizations invite all who care about Native children and youth to join the initiative and help spread the word. Please contact Carolyn Hornbuckle with NCAI at chornbuckle@ncai.org.

Founded in 1944, the National Congress of American Indians 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.

About The National Indian Child Welfare Association (NICWA):

NICWA works to support the safety, health, and spiritual strength of Native children along the broad continuum of their lives. The organization 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 www.nicwa.org.

About The National Indian Education Association (NIEA):

NIEA is the Nation’s most inclusive advocacy organization advancing comprehensive culture-based educational opportunities for American Indians, Alaska Natives, and Native Hawaiians. Formed by Native educators in 1969 to encourage a national discourse on education, NIEA adheres to the organization’s founding principles- to convene educators to explore ways to improve schools and the educational systems serving Native children; to promote the maintenance and continued development of language and cultural programs; and to develop and implement strategies for influencing local, state, and federal policy and decision makers. For more information visit www.niea.org.

The National Indian Health Board advocates on behalf of all Tribal Governments and American Indians/Alaska Natives in their efforts to provide quality health care. Visit www.nihb.org for more information.

National Native Organizations Receive Funding to Pursue First Kids 1st: Every Native Child is Sacred Initiative

FOR IMMEDIATE RELEASE
June 8, 2016

CONTACT
ncaipress@ncai.org

New Regulations will Improve Compliance with Indian Child Welfare Act and Keep Families Together



Today, the Department of the Interior released new final regulations governing state court and agency child custody proceedings to insure uniform compliance with the Indian Child Welfare Act of 1978 (ICWA). The previous ICWA regulations had a narrow scope and covered only the administration of ICWA service programs authorized under the Act. Revisions to the regulations were sorely needed and long overdue, as implementation guidance has been lacking and compliance with ICWA has been highly inconsistent since passage of the Act.

“The new regulations will keep families together,” explained NCAI President Brian Cladoosby, praising the development. “Clear and consistent rules for child placement also will result in faster and more reliable placement decisions for all affected families, creating better outcomes for our children.”

Highlights of the updated regulations include:
•Clear guidance on “active efforts” that state courts and agencies must employ to provide services and programs designed to prevent removal and encourage reunification
•Clarification of notice and time frames to improve compliance and expedite the process
•A requirement that state courts and agencies inquire whether ICWA applies in every child custody proceeding
•Procedures governing emergency removal of Indian children
•Clarification that the “existing Indian family doctrine” is not an exception to ICWA’s application and only the tribe has the power to determine a child’s membership status

Preference for relative placement is considered in the best interest of all children, not just Native American children. Relative child placement preference is the law in 45 states. It is also federal law under Title IV-E of the Social Security Act. This is because research and best practice prove that children fare better when placed with relatives.

The revised regulations’ focus on keeping families together is especially important to Native families given the history. In 1959, as part of the federal government’s “termination” policy of the era, the Bureau of Indian Affairs entered a contract with the Child Welfare League of America to implement a nationwide adoption policy for Native American children. Entitled the “Indian Adoption Project,” the policy mandated that Indian children were to be adopted out to non-Indian families. Project-approved state agencies took on the responsibility of enacting this policy of “Indian extraction,” where Native American children were routinely removed from their homes and schools by state social workers based on vague allegations of poverty and neglect. By the time ICWA was passed in 1978, 35 percent of all Native American children had been taken from their families and placed in adoptive, foster, or institutional care. In passing ICWA, Congress intended to combat this deliberate, collaborative abuse of the child welfare system, to reinstate tribal government authority to determine child placement, and to restore the integrity of Indian families.

Despite the passage of ICWA, the abuse of Native American children and families continues to the present. In 2015, in Oglala Sioux Tribe v. Van Hunnick, the United States District Court for South Dakota found that a South Dakota state judge and the State Department of Social Services “failed to protect Indian parents' fundamental rights to a fair hearing by not allowing them to present evidence to contradict the State's removal documents. The defendants failed by not allowing the parents to confront and cross-examine DSS witnesses. The defendants failed by using documents as a basis for the court's decisions which were not provided to the parents and which were not received in evidence at the 48-hour hearings.” The new regulations will help to end these abuses.

New Regulations will Improve Compliance with ICWA and Keep Families Together

The Reauthorization of Violence Against Women in 2013 created the Pilot Project, which comprised of five tribes the Confederated Tribes of the Umatilla Indian Reservation, Pascua Yaqui Tribe, Tulalip Tribes of Washington, Assiniboine and Sioux Tribes of Fort Peck, and the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation in North Dakota. These tribes exercised the Special Domestic Violence Criminal Jurisdiction, which restored their partial power to criminally prosecute non-Indians for domestic violence offenses. The Pilot Project Report provides a brief account of the activities during the Pilot Project period from February 2014 – March 2015 and shares recommendations for next steps.



VAWA Pilot Project Report 2015

Indian Health Service Solicits Tribal Consultation on Proposed Community Health Aide Program Expansion

Washington, DC – In a teleconference meeting today, Indian Health Service (IHS) Principal Deputy Director Mary Smith called on tribal leaders to provide feedback and input on an IHS draft policy statement that could expand the innovative Community Health Aide Program (CHAP) beyond Alaska. The CHAP program funds nursing aides, behavioral health aides, and in some cases, mid-level dental providers called Dental Health Aide Therapists (DHAT), along with other types of community health workers, to ensure residents of rural communities have access to health services. Currently, Alaska is the only IHS service area that has the program in place.

Tribal communities in Alaska have embraced the CHAP and DHAT programs, and tribal leaders outside the state have long advocated for expansion of the programs as part of an overall strategy to improve access to care, especially in remote and rural areas facing provider shortages. The proposed new IHS policy underscores the Agency’s recognition of the CHAP and DHAT programs as effective, efficient, and culturally competent mechanisms for increasing access to high-quality health and dental care by American Indian and Alaska Native people across the nation.

“Today’s announcement is a tremendous step forward in creating the health care systems our citizens need and deserve,” stated NCAI President Brian Cladoosby. “The CHAP and DHAT programs are common sense approaches that deliver excellent care. Every tribe should be able to determine what care model works for citizens, and every tribe should be able to set up these innovative models.”

In the draft policy statement, IHS also notes Congressional support for the program as demonstrated in the Indian Health Care Improvement Act, which authorized creation of a national CHAP program.

DHATs not only provide high quality care to their patients, but also bring high levels of cultural competence to their practice settings – as most DHATs are from the communities they serve. (Nearly 80 percent of DHATs returned to their home villages to practice and the program has an 81 percent retention rate.) The Alaska program has allowed for more than 40,000 patients to be treated for the first time. A study conducted by Community Catalyst demonstrated that mid-level dental providers cost less than 30 cents for every dollar of revenue they generated.

While both DHAT and CHAP programs have won many awards since 2005 for their impact on remote and rural health, some of the most impressive accolades come from the populations being served by DHATs and CHAPs. “Children and adults too would be so scared. Every time they thought of dental, they thought of pain. I was able to build trust with them,” shared DHAT Bonnie Johnson. “Now they are excited to see me… I’m not only here to fix pain; I’m here to prevent it.”

NCAI Executive Director Jaqueline Pata stated, “Tribal leaders have shown tremendous support for and interest in both the CHAP and DHAT programs. These are model programs that have been incredibly successful. We applaud IHS for exploring ways to scale up these programs nationally so that they can benefit all of Indian Country.”

IHS Solicits Tribal Consultation on Proposed CHAP Expansion

NCAI Response to New Poll on R*skins Team Name

"It is true some Native people do not find the word offensive. However, thousands of Native people across the country have voiced their opposition to the name and the historic, disparaging connotations it carries to this day. More than 100 Native American organizations representing tribal nations and peoples across the United States have spoken out in opposition to the use of the R*skins mascot of the Washington D.C. NFL team. The tribal nations comprising the National Congress of the American Indians have repeatedly passed resolutions against the R*skins name and image, as well as many individual tribal governments and organizations.

The Washington Post surveyed a small sample of Native American adults, anyone can create a poll on any issue. The survey doesn't recognize the psychological impacts these racist names and imagery have on American Indian and Alaska Natives. It is not respectful to who we are as Native people. This poll still doesn't make it right." 

NCAI Response to New Poll on R*skins Team Name

Native American Agricultural Fast Track Fund (NAAFTF) Announces Eligibility for $38 Million Keepseagle Grants Distribution

WASHINGTON DC, May 17, 2016 | Today, the class counsel in the Keepseagle v. Vilsack case announced a one-time distribution of $38 million from the remaining settlement funds through the Native American Agricultural Fast Track Fund (NAAFTF).

This will be the first distribution of $380 million left in the Keepseagle cy pres fund for the benefit of Native American farming and ranching.

“Today’s announcement marks the beginning of a new era in Indian agriculture,” said Jacqueline Pata, Executive Director, National Congress of American Indians. “The initial $38 million from the remaining Keepseagle settlement fund will go a long way to furthering the reach and capacity of organizations which have always supported our Native farmers and ranchers. By increasing our ability to feed ourselves, we can strengthen our sovereignty.”

The fast-track registration opens May 25, 2016, and closes applications June 24, 2016. According to a press release by Echo Hawk Consulting today, the awards from NAAFTF are to be made on a competitive basis. Echo Hawk Consulting will be managing this process under the supervision of class counsel.



Interested organizations must provide documentation of agricultural, business, technical or advocacy services to Native American farmers or ranchers between January 1, 1981, and November 1, 2010;

The organizations must be based in the United States, and meet one of the following criteria:

7871 designation as a non-profit organization chartered under the tribal law of a state or federally recognized tribe;

An educational institution described in 170(b)(1)(A)(ii); OR

An instrumentality of a state or federally recognized tribe, designated under 7701(a)(40).

Step 1: One-month period for letters of intent (5/25/2016-06/24/2016)

May 25 at 12:00 p.m. MDT – Letter of Intent registration, application materials, process details, and timeline is available at www.indianfarmclass.com/NAAFTF.aspx.

Friday, June 24, 2016, by 5:00 p.m. MDT – Letter of Intent application closes.

Technical assistance for the application process will be available by dedicated phone and email.

Step 2: After the one-month period closes, an Advisory Committee will issue an invitation to eligible candidates on July 28, 2016 to submit complete proposals. The Advisory Committee includes six experts in the areas of Native American farming, ranching, and philanthropy.

Step 3: All awards are subject to court approval. Advised by the Advisory Committee, the class counsel will make recommendations to the Court on awards.

NAAFTF letter of intent application must include:

Demonstrate eligibility through the criteria described above;

Explanation of purpose for seeking NAAFTF funds;

Interested organization’s total annual operating budget, and total project costs (if applicable);

Proposed use of award funds to provide assistance to Native American farming or ranching activities. Lobbying, political activities, and/or litigation is NOT eligible for funding.

The size of awards will vary depending on the interested organization’s focus and scope. NAAFTF will also consider applications from intermediary organizations having existing, relevant grant programs which can be expanded through awards.


Questions about NAAFTF? Contact Crystal Echo Hawk at Echo Hawk Consulting via email (crystal@echohawkconsulting.com) or phone (720.891.9118).



On April 20, 2016, the U.S. District Court for the District of Columbia approved a modification to the Keepseagle settlement agreement, which included a process for the distribution of funds to cy pres beneficiaries. The modification to the settlement also provides for additional damage awards to be paid to prevailing claimants. The remaining funds, approximately $265 million, will go to a Trust that will distribute funds at the direction of an independent board of trustees for up to 20 years. NAAFTF is separate from the Trust, and is designed to ensure that a substantial portion of the remaining funds are distributed to qualifying organizations more quickly than the Trust will be able to award grants.

NAAFTF was created to make awards to such organizations already involved in supporting Native American ranchers and farmers before the original Keepseagle settlement was agreed to in 2010.

The Court's order is open to appeal through June 20, 2016. If an appeal is filed, the grant process will be suspended until a decision on the appeal is rendered.

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