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.

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.

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.

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.

NAAFTF Announces Eligibility for $38 Million Keepseagle Grants Distribution

NCAI Applauds Alaska Governor’s Tribal Advisory Council

Washington, DC – Yesterday, Alaska Governor Bill Walker announced the members of the Governor’s Tribal Advisory Council. The National Congress of American Indians (NCAI) applauds Governor Walker and the advisory council, calling it a great example of tribal-state collaboration.

In a 

, Governor Walker announced the appointment of 11 tribal leaders nominated by their tribes to the advisory council. Members appointed to the advisory council each represent issues of relevance to tribes including economic development, education, energy and natural resources, healthcare, housing, justice, language and culture, public safety, subsistence, transportation, and wildlife and fisheries. The advisory council met in Anchorage with Governor Walker and Lieutenant Governor Byron Mallott (Tlingit) at the Alaska Native Tribal Health Consortium to set the advisory council agenda moving forward.

“Governor Walker’s creation of the Tribal Advisory Council in Alaska demonstrates a commitment to tribes and tribal input,” says NCAI President Brian Cladoosby. “Communication and coordination between states and tribes is essential to effective governments that can benefit both Native peoples and all Alaskans. This move should become a model for other states to implement. I congratulate the 11 tribal leaders appointed to the advisory council to represent their communities and the interests of Alaska Native peoples to their state government.”


NCAI is an advocate for building and strengthening state-tribal relationships because tribal nations and states share a range of common interests. Both tribes and states share responsibility to use public resources effectively and efficiently. They both seek to provide comprehensive services such as education, health care, and law enforcement to their respective citizens. Additionally, both have interconnected interests in safeguarding the environment while maintaining healthy and diversified economies. More information and resources on state-tribal relations work is available 

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 and NPM Respond to FCC Commissioner Pai’s Criticism of Enhanced Tribal Lifeline Support

Washington, DC – In response to Federal Communications Commission (FCC) Commissioner Ajit Pai’s proposal to limit enhanced tribal support under the Lifeline program, the National Congress of American Indians (NCAI) and Native Public Media (NPM) believe the Commissioner’s justification relies on an inaccurate understanding of tribal lands. Commissioner Pai’s proposal to reform enhanced tribal Lifeline support will negatively impact the program’s purpose of providing affordable phone services to low-income residents on tribal lands.

On March 29th, Commissioner Pai issued a 

 outlining his proposals to reform the Lifeline program. Currently, the program provides a monthly phone bill discount for low-income consumers and enhanced tribal support for residents of tribal lands. Commissioner Pai proposes to limit enhanced tribal support to counties with less than 50 people per square mile and proclaimed that Lifeline was, “intended to support the construction of [telecommunications] facilities in Indian Country, but has instead encouraged abuse of the program in large cities (like Tulsa, Oklahoma and Reno, Nevada) and suburban communities (like Chandler, Arizona).”

NCAI Executive Director Jacqueline Pata and NPM Board Chair Matthew Rantanen issued a joint response stating, “We are supportive of sensible reforms to the Lifeline program to cut waste, fraud, and abuse. However, Commissioner Pai’s understanding of enhanced tribal support disregards the program’s purpose to provide affordable phone services for low-income residents on tribal lands. It is also important to note that areas like Chandler, AZ are not located within the legal boundaries of any tribal lands. These misinterpretations overshadow the needs of the over 40 percent of tribal lands lacking access to vital telecommunications services.”

NCAI and NPM assert that restricting enhanced tribal support to county level metrics—instead of the legal and historical boundaries of tribal lands—will further impede the build out and adoption of communications services in Indian Country. Additionally, Commissioner Pai’s statements regarding Lifeline’s purpose as an infrastructure program is greatly misguided as other programs regulated by the FCC are specifically designed to support infrastructure build out.

During the FCC’s initial rulemaking last year to reform the Lifeline program, Oklahoma was targeted as the center of ‘waste, fraud, and abuse’ because most of the state was recognized as ‘tribal land’. Since then, Commissioner Pai has specifically targeted the enhanced tribal support without recognizing the unique tenants of federal Indian law and the legal tribal lands status of Oklahoma and elsewhere. “Commissioner Pai’s remarks overall are unfair to Indian Country and its citizens who need these vital services for healthcare, emergencies, social services, and to provide contact information for job applications,” conclude Pata and Rantanen.

The FCC is set to make a final ruling on proposals to finalize reforms to the Lifeline Program during its 

Native Public Media is a national organization dedicated to bringing media opportunities to Native Americans across the United States on multiple platforms including radio, television and the Internet. There are currently 56 Native owned and licensed radio stations serving tribal communities. NPM provides programs and services to the Native media network in areas of regulatory compliance, digital literacy, community engagement and telecommunications and communications policymaking. For more information visit

NCAI and NPM Oppose FCC Commissioner Pai’s Lifeline Proposal

NCAI Supports Responsible, Informed Response to California ICWA Case

A number of media outlets recently reported on the placement of an American Indian child named Lexi with her relatives in Utah, instead of remaining in foster care in California. The National Congress of American Indians (NCAI) stands firmly with the National Indian Child Welfare Association (NICWA), who released a 

 calling for an informed, balanced response to Lexi’s case. NCAI encourages a better understanding of why Lexi and 

 children should be afforded placement with their families if possible. 

Long considered a best practice in childcare, kinship placement creates stability while nurturing ties to the child’s extended family and community. Under the 

 (ICWA), kinship-based placements must be considered as soon as it becomes clear that the eligible child will be removed from their home. There is nothing unusual about child placement with relatives after a stay in a foster home. The only unusual factor in this case is that the foster family in California used extended litigation to prevent placement of a Native child with her family. 

Kinship child placement is the law in 45 states, and also under ICWA. Federal law under title IV-E of the Social Security Act also requires that states “consider giving preference to an adult relative over a nonrelated caregiver when determining placement for a child….” NCAI works tirelessly with partners like NICWA to raise awareness of the benefits and legality of kinship placement for Native children, and encourages informed discussion around cases like Lexi’s.

“Lexi should have gotten a stable, long-term kinship placement years ago,” said Jacqueline Pata, Executive Director of the National Congress of American Indians. “This is why laws like ICWA exist. Regardless of a child’s Indian status, the goal of foster placement has always been to provide a safe and loving 

 home. It is regrettable that Lexi and her relatives have been dragged through a lengthy legal process, and NCAI extends its support to her family for their long-term stability and well-being.”

Supreme Court Unanimously Holds Reservation Boundaries not Diminished in Favor of the Omaha Tribe in

On Tuesday, March 22, 2016, the Supreme Court of the United States ruled in a unanimous decision written by Justice Clarence Thomas in favor of the Omaha Tribe of Nebraska in 

 (14-1406) that an 1882 Act of Congress did not diminish the Tribe’s reservation. The judgment upholds the decision of the U.S. Court of Appeals for the Eighth Circuit.

“The Supreme Court’s unanimous decision to uphold the Omaha Tribe’s reservation lands which were established by treaties is a substantial victory for Indian Country,” said NCAI President Brian Cladoosby. “The ruling in 

 reaffirms long settled legal precedent protecting reservation lands from erroneous claims of diminishment. It also provides tribes with additional certainty when exercising jurisdiction, self-governance, and self-determination over their lands.”

John Echohawk, Executive Director of Native American Rights Fund, said, “I congratulate the Omaha Tribe and its attorneys on today’s unanimous decision. Every judge that heard this case, from the District Court all the way to the United States Supreme Court, has affirmed and followed long-standing legal rules protecting reservation lands. This tribe’s hard-won victory is also an important win for Indian Country.”

At issue in the case is whether the 1882 Act of Congress, which opened the western end of the Omaha Tribe’s reservation to settlement, diminished the boundaries of the reservation or opened the land to settlement while keeping the reservation intact.

Justice Thomas writing for the unanimous Court held that “[t]he 1882 Act bore none of [the] hallmarks of diminishment . . . [and] it is clear that the 1882 Act falls into another category of surplus land Acts: those that ‘merely opened reservation land to settlement and provided that the uncertain future proceeds of settler purchases should be applied to the Indians’ benefit.’”

Further, the Court found that the “subsequent demographic history” of the land being occupied by a majority of non-Indians “cannot overcome our conclusion that Congress did not intend to diminish the reservation in 1882. . . [a]nd it is not our role to ‘rewrite’ the 1882 Act in light of this subsequent demographic history.”

NCAI, along with NARF as co-counsel, filed an amicus brief in support of the Omaha Tribe, joined by many tribal Nations and other intertribal organizations. We congratulate the Omaha Tribe of Nebraska for this historic victory.


In 1854 and 1865, the Omaha Tribe entered into treaties with the United States to “cede, sell, and convey” land in present-day Nebraska while establishing a reservation for the Omaha Tribe. When the Tribe came back to Congress in 1872 to sell more land, instead of entering into a treaty for the land changing the reservation boundary, Congress authorized the Secretary of the Interior to open parts of western end of the reservation land to sell for the benefit of the Tribe.

With few parcels sold, the Tribe requested that Congress open more lands to sale in 1882. Under the 1882 Act, nearly 50,000 acres were opened for sale to both Indians and non-Indians and the City of Pender, Nebraska was established by non-Indian settlers.

When the Omaha Tribe amended its Beverage Control Ordinance in 2006 it applied it to all businesses located within the reservation, including retailers in the Town of Pender. The town brought suit, and the state of Nebraska joined the town, claiming that they were not within the boundaries of the reservation or Indian country, so the ordinance does not apply.

The Omaha Tribe won in both the federal district court and 8th Circuit, the Supreme Court’s ruling affirmed those decisions.

The Native American Rights Fund is a non-profit organization that has been protecting the legal and sovereign rights of tribes and Native people within the American legal system for 45 years. NARF is headquartered in Boulder, Colorado with offices in Anchorage, Alaska, and Washington, D.C. For more information visit

Supreme Court Unanimously Holds Reservation Boundaries not Diminished in Favor of the Omaha Tribe in Nebraska v. Parker

Department of the Interior Cancels Oil and Gas Lease Threatening the Badger-Two Medicine

Today, Department of the Interior Secretary Sally Jewell announced that the Bureau of Land Management (BLM) will cancel an oil and gas lease held by Solonex LLC in the Badger-Two Medicine area. Located in the Lewis and Clark National Forest in Montana, the Badger-Two Medicine area contains sensitive plant and wildlife, and holds immense cultural and religious significance to the Blackfeet people.

In 1982, absent of tribal consultation and a thorough review of environmental and cultural studies, the U.S Forest Service granted 47 oil and gas permit leases in and around the Badger-Two Medicine area. For over two decades the Blackfeet Tribe of Montana and many non-Native conservation and historical preservation groups have sought the cancellation of these permit leases. While a number of these leases were subsequently cancelled through Congressional action and other measures, the Blackfeet Tribe has sought the cancellation of the remaining leases that would cause irreparable damage to Badger-Two Medicine.

“Today’s cancellation of the lease held by Solonex LLC signifies a major victory in the tribe’s 34 year struggle to protect this sacred place from development that would have caused irreparable damage to the Badger-Two Medicine,” stated NCAI Executive Director Jacqueline Pata. NCAI began working with the Blackfeet Tribe of Montana in early 2016, and wrote a 

 to Secretary Jewell urging the cancellation of any oil and gas leases threatening the Badger-Two Medicine. NCAI’s mission includes the protection of Native sacred sites and historic places.

DOI Cancels Oil and Gas Lease Threatening the Badger-Two Medicine

National Congress of American Indians and Native American Rights Fund on President Obama’s Nomination of Chief Judge Merrick Garland to the Supreme Court of the United States

Today, President Obama took an important step by nominating Merrick Garland to the Supreme Court,” said Brian Cladoosby, President of the National Congress of American Indians (NCAI). “Supreme Court Justices are responsible for legal decisions affecting the lives of all Americans, and we strongly urge the Senate to move quickly to fulfill its constitutional duty by holding confirmation hearings.”



American Indian and Alaska Native sovereign Nations are affected by the federal courts to a greater degree than almost any other group in the country. For Native people, many issues of daily life are matters of federal law. As the confirmation process advances, tribal leaders will be doing their job and taking a close look at the record of Judge Garland. In February, NCAI’s Executive Committee passed a resolution calling on President Obama and the U.S. Senate to move expeditiously to fulfill their constitutional responsibilities to fill the current vacancy on the Supreme Court so that the important work of the Court can continue without interruption; and urged the Senate Judiciary Committee to include in its confirmation proceedings a public discussion of the U.S. Constitution and its relationship to tribal self-government.”

John Echohawk, Executive Director of the Native American Rights Fund, offered the following assessment:

“Chief Judge Garland appears to have a very limited record on Indian law issues. We do know he voted against Indian interests in 

San Manuel v. National Labor Relations Board

, a 2007 decision by the D.C. Circuit which held that the National Labor Relations Act (NLRA) applies to tribally-owned businesses located on Indian reservations. This decision has led to continuing litigation by the NLRB (National Labor Relations Board) against Indian tribes, and the possibility of labor strikes that would cripple tribal governmental functions. For 70 years, the NLRA had been consistently interpreted to exempt all government entities from coverage, including Indian tribes. The 

 decision truly undermined the ability of Indian tribes to be politically self-governing and economically self-sufficient.”

NCAI President Cladoosby concluded:

“It is critical that the next Supreme Court Justice recognize and uphold tribal sovereignty, treaty rights, and the federal trust responsibility. We urge the Senate to move forward with the process, to hold hearings, and to consider the record of Judge Garland.”

NCAI and NARF on President Obama's SCOTUS Nomination

Press Release: Indigenous Peoples Attend Prime Minister Trudeau State Visit

Washington, DC – Today on March 10th, Indigenous peoples from Canada and the United States gather with other distinguished guests at The White House South Lawn to welcome Prime Minister Justin Trudeau of Canada. The Prime Minister, who was elected and supported by a large number of the Indigenous peoples of Canada, will meet with President Obama, who many tribes say has been the best US President for Indian Country. It is a historic moment to have these world leaders together, with their experience and tremendous support for Indigenous peoples, as they tackle some of the challenges that face our Indigenous communities.

There are critical issues from both nations that Indigenous peoples care about such as climate change, mental well-being, education of our youth, and languages. It is anticipated that climate change is on the agenda of topics to be discussed at today’s events. The National Congress of American Indians (NCAI) President Brian Cladoosby remarks, “Our Indigenous communities have felt a direct impact from climate change. Including Indigenous voices, with our irreplaceable practices and perspectives, will only strengthen the power of the effort. Climate change is here now, the time for action is also right here, right now.”

Further, many American Indian and Alaska Natives tribes share boundaries, waterways, hunting grounds, and natural resources with Canada. The health of our rivers, streams, and ecosystems are paramount to Indigenous peoples on both sides of the border, especially those who rely on our traditional and customary ways of life. It is imperative that the U.S., Canada, American Indian and Alaska Native tribal governments, and Canadian First Nations work together to collectively solve these issues.

NCAI applauds the recognition for the needs of Indigenous science and knowledge as well as inclusion of our communities addressing adaptations, while still retaining our cultural, languages, and values. We will be sharing today’s events through our Twitter, Facebook, and Flickr.

Indigenous Peoples Attend Prime Minister Trudeau State Visit

Press Call Today: Alaska Native Leaders Urge Alaska Senators to Consider Eventual SCOTUS Nominee

 On Thursday, March 10 at 12:00 AKST / 4:00 EST, Alaska Native leaders will host a press call to urge their senators to give a fair hearing and a timely vote to the forthcoming Supreme Court nomination. 

Speakers will include leaders from the Alaska Federation of Natives and National Congress of American Indians.

RSVP is requested to 

: Alaska Native Leaders Urge Alaska Senators to Consider Eventual SCOTUS Nominee



: Thursday, March 10 at 12:00 AKST / 4:00 EST



Executive Director, National Congress of American Indians

Alaska Native Leaders Urge Alaska Senators to Consider Eventual SCOTUS Nominee

October is Domestic Violence Awareness Month, and the Office on Violence Against Women invited the Pasqua Yaqui and Tulalip Tribes to speak on the implementation of VAWA Special Domestic Violence Criminal Jurisdiction. To watch or listen to the panel please click on the link below.

DOJ Invites Pasqua Yaqui & Tulalip for VAWA Implementation Panel

Washington, DC – Building on its First Kids 1st initiative and its work advancing Generation Indigenous (Gen-I), the National Congress of American Indians (NCAI) has joined forces with the Native Financial Education Coalition (NFEC) to launch NAT$VE in the BANK because they understand that Native youth building relationships with financial institutions by opening a bank account is a proven difference-maker in them making smart financial decisions over the course of their lives.

Designed for Native youth ages 12 to 25, NAT$VE in the BANK requires participants to finish four easy steps: complete a short, fun online course on financial education; open an account with a bank or credit union; take a “selfie” picture with a bank/credit union representative; and share through words or art their financial goals in life. Once they do, participating Native youth receive a NAT$VE in the BANK T-shirt and a chance to win an iPad Air. If participants recruit at least three friends to also complete NAT$VE in the BANK’s four easy steps, they are entered for a chance to win an iTunes gift card, an iPad mini, or a trip to NCAI’s 2015 Annual Convention in San Diego.

“This important new initiative, which seeks to strengthen the financial capability and self-sufficiency of our youth, builds on NCAI’s work on First Kids 1st and Gen-I,” said Jacqueline Pata, NCAI Executive Director. “We encourage Native youth everywhere to participate, and we invite tribal governments, Native organizations, and financial institutions to play key roles in supporting Native youth to answer the NAT$VE in the BANK call.”

Tribes and organizations can support NAT$VE in the BANK by recruiting Native youth to participate, integrating the initiative into their youth programs, and reaching out to local banks and credit unions to get them to participate. Banks and credit unions, meanwhile, can do their part by: accepting tribal IDs and a minimum initial deposit of $25 to open accounts, waiving monthly account fees, hosting a NAT$VE in the BANK fair at a bank branch or school in/around a tribal community so youth can open accounts, and contributing matching funds to initial deposits made to those accounts.

One of the first Native youth to answer the NAT$VE in the BANK call was Harmani Wilson, a citizen of the Oglala Sioux Tribe and high school senior who lives in Henderson, Nevada. She explains, “I said, ‘Why not give it a try?’ It was pretty easy to understand and do. I am happy I did it because I learned a lot from it. It was amazing how much money I was saving by putting it in the bank because I was not spending like I would if I had cash in my pocket. It helped me budget better and I was able to save up for items I really wanted, and I learned that I can take my time and don’t need to buy things immediately.”

In order to be eligible to win the trip to NCAI’s upcoming Annual Convention in San Diego, Native youth must answer the NAT$VE in the BANK call and get at least three friends to participate by Friday, September 25th. NAT$VE in the BANK will then unveil a new grand prize for youth who answer the call by March 31, 2016. To learn more about NAT$VE in the BANK, please visit the 

NCAI Partners with Native Financial Education Coalition to Launch NAT$VE in the BANK Initiative for Native Youth

A new website is now available with the express purpose of providing sex trafficking information and resources for tribal domestic violence and sexual assault coalitions. The link to the site is 

The site includes federal, state, and tribal laws, articles, resources, and information about victim services and will continue to include new information as it becomes available.

 website was created to provide tribal coalitions with quick access to information their advocates need–legal resources, victim service directories, training calendars, technical assistance, and more.

Additionally, we envision this site as a place for Native women to find help when dealing with violence. Individuals can reach out to their local 

 for assistance or they can easily use our 

 themselves. We suggest, however, that individuals contact their local tribal coalition for assistance first. A Tribal Coalition can help individuals navigate options and services, and utilizing coalition connections can increase a client’s chances of receiving services or referrals immediately. 

New Website: Sex Trafficking Resources for Tribal Coalitions

On September 5, 2015, PBS Newshour aired an 

 on Special Domestic Violence Criminal Jurisdiction under VAWA. The 

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