 - The National Congress of American Indians (NCAI) has released the following statement regarding the budget impasse and the shutdown of the federal government.

“The failure to come to a budget agreement threatens the capacity of tribal governments to deliver basic governmental services to their citizens. The federal government has made treaty commitments to our people, and in return we ceded the vast lands that make up the United States. The immediate shutdown crisis poses very real threats to tribal governments and denies health, nutrition, and other basic services to the most vulnerable tribal citizens.

Even if the shutdown is resolved soon, a greater crisis remains – both the House and Senate versions of the Continuing Resolution sustained the devastating FY 2013 sequestration cuts. The sequester has deeply affected tribal programs: the Indian Health Service, Indian education funding streams, law enforcement, infrastructure programs such as housing and road maintenance, Head Start, and others. These funding commitments serve some of our nation’s most vulnerable citizens and are part of the federal government’s trust responsibility to tribal nations.

As Washington faces the threefold crisis of the shutdown, sequester, and debt limit, we call on the Congress to reach a long-term budget deal that meets the nation’s obligations to tribal nations and Native peoples. It is time to address the ongoing fiscal crisis caused by the sequester. The trust responsibility to tribal nations is not a line item and tribal programs must be exempt from budget cuts in any budget deal.”


In September, NCAI released a paper outlining the impacts of sequestration on tribal nations - 

Tribes Urge Congress to Honor Treaty Promises and Stop Sequestration

Background on the impact of the government shutdown on tribal programs

In the 1995, 1996 shutdown, the impact on American Indian/other Native Americans was that all 13,500 Department of Interior Bureau of Indian Affairs (BIA) employees were furloughed; general assistance payments for basic needs to 53,000 BIA benefit recipients were delayed; and an estimated 25,000 American Indians did not receive timely payment of oil and gas royalties.

With respect to funding for governmental services, more than half of the federally recognized tribes are self-governance and provide services to their citizens through contracts and compacts. If the shutdown is not reversed soon, these tribes and their citizens will be hit particularly hard. Based on the contingency plans for the Departments of Interior and Health and Human Services, IHS would continue to provide direct clinical health care services as well as referrals for contracted services that cannot be provided through IHS clinics. However, IHS would be unable to provide funding to tribes and urban Indian health programs, and would not perform national policy development and issuance, oversight, and other functions, except those necessary to meet the immediate needs of the patients, medical staff, and medical facilities.

With BIA, programs are funded and operated in a highly decentralized manner, with 62 percent of appropriations provided directly to tribes and tribal organizations through grants, contracts, and compacts. Officials said that if tribes have carryover, they can spend it, but tribes won’t receive any new money during a shutdown to reimburse tribes providing those services. While the role of Indian Affairs has changed significantly in the last three decades in response to increased utilization of Indian self-governance and self-determination, tribes still look to Indian Affairs for a broad spectrum of services. Fortunately, law enforcement and detention centers will remain operational, as will social services to protect children and adults. Firefighting, emergency response, and water and power should remain. However, trust asset management, such as lease compliance and real estate transactions would not.

Examples of impacts to tribal governmental services and other assistance to tribal citizens include:

General assistance payments (BIA) to needy individuals and to vendors providing foster care and residential care for children and adults will stop, which will be difficult for many tribal communities. General assistance provides approximately $42 million for approximately 12,400 clients on a monthly basis. These clients include individuals and families whose income is below state standards and who do not qualify for state-operated programs. Provided that these individuals are facing some of the most difficult employment opportunities, the loss or delay of these payments truly impact the neediest in Indian Country. Generally, disbursement of tribal funds for tribal operations including responding to tribal government requests will be halted.

There will be no new funds to support the Food Distribution Program on Indian Reservations (FDPIR). While there would be some inventory available for use in food packages, no carryover, contingency, or other funds are available to support continued operations. The Food Distribution Program on Indian Reservations (FDPIR) program is administered at the Federal level by the Food and Nutrition Service (FNS), an agency of the U.S. Department of Agriculture. FDPIR is administered locally by either Indian Tribal Organizations (ITOs) or an agency of a State government. Currently, there are approximately 276 tribes receiving benefits under the FDPIR through 100 ITOs and 5 State agencies. FDPIR provides USDA Foods to low-income households living on Indian reservations, and to American Indian households residing in approved areas near reservations or in Oklahoma. Many households participate in FDPIR as an alternative to the Supplemental Nutrition Assistance Program (SNAP), because they do not have easy access to SNAP offices or authorized food stores. Average monthly participation for FY 2012 was 76,530 individuals.

The Administration for Children and Families would not continue quarterly formula grants for Temporary Assistance for Needy Families, Child Care, Social Services Block Grant, Refugee Programs, Child Welfare Services and the Community Service Block Grant programs. Additionally new discretionary grants, including Head Start and social services programs, would not be made.

NCAI Urges Congress to Reach a Long-Term Budget Deal that Meets the Nation’s Obligations to Tribal Nations

. – For a third time in as many years, Indian Country advocates and leaders came together in Washington, DC with unified messages and policy priorities for the start of the fall session of Congress. Tribal Unity Impact Days has been instrumental in communicating the key Indian policy priorities for Congress to address. In recent years, the effort was critical to advocating for successful amendments to the Stafford Act and the Violence Against Women Act. This year tribal leaders stood together to remind Congress of the federal trust responsibility and that, amidst partisan division in other areas, Indian Country is common ground for all Americans.

NCAI joined the Alaska Federation of Natives, California Association of Tribal Governments, Coalition of Large Tribes, Eight Northern Pueblos Council, Great Plains Tribal Chairman’s Association, Midwest Alliance of Sovereign Tribes, Navajo Nation, and the United South and Eastern Tribes in hosting the events. This year, Tribal Unity focused on the protection of treaty promises in the federal budget, tribal tax policy, and land restoration – including a 

Tribal Unity Impact Days kicked off in the Senate Committee on Indian Affairs hearing room with over 130 attendees participating in the tribal briefing. Tribal leaders heard from Senators Begich (AK), Heitkamp (ND), and Tester (MT) and Representatives Becerra (CA), Cole (OK), McCollum (MN), Pearce (NM), and Ruiz (CA). Many Members thanked tribal leaders for their dedication in traveling to the nation’s capital to share how policy decisions are affecting tribal communities, especially impacts of sequestration on health, education, public safety, and other tribal governmental services. Representatives Cole and McCollum emphasized their support for protecting tribal treaty obligations from indiscriminate reductions. 

NCAI and its partners also sought broad support from Congress to assist in providing more fair treatment for tribal governments under the tax code. The Internal Revenue Code has included Indian tribes in a piecemeal fashion, which chooses when and where to acknowledge tribes’ taxing authority. Several tribal tax bills have been introduced during the 113th Congress: H.R. 2332; H.R. 3030; and H.R. 3042. Each of these bills is the result of effective outreach from tribal leadership on key tax issues affecting tribal self-governance. Tribal leaders asked Members to co-sponsor in the House, and encouraged Senators to introduce companion bills in the Senate. 

Tribes also urged Congress to reject the language similar to the Administration’s proposal to unfairly limit payment of contract support costs in the Continuing Resolution. If adopted by Congress, the provisions would set back Indian self-determination and self-governance decades. They would also undo four recent Supreme Court decisions confirming the United States’ obligation to pay the full amount of Contract Support Costs owed to Indian Tribes, by denying Tribes the right to recover damages under the Contract Disputes Act when full CSC payment is not made. 

Everyone was in agreement on the importance of protecting Indian land. President Keel ended his speech with “As our ancestors before us, we must rally to the defense of our land. We must fight for the land rights of all Tribes, including the overturning of 

 fix, and the advancement of the Patchak Patch. Only together can we protect our lands.” 

Tribal Unity Gathering Encourages Congress to Stand on Common Ground with Indian Country

Portland, Ore. and Washington, D.C.—The National Indian Child Welfare Association (NICWA), the National Congress of American Indians (NCAI), and Angel Smith, an 

independent attorney appointed by the District Court of the Cherokee Nation and “Next Friend in the filing,”

are applauding today’s action by the United Nations Special Rapporteur on the Rights of Indigenous Peoples James Anaya calling for state, federal, and tribal authorities in the United States to take all necessary measures to ensure that the well-being and human rights of Veronica Brown, the four-year-old Cherokee child at the center of a highly contentious custody dispute, are protected.

 today pointed out that the Indigenous rights are guaranteed by various international instruments subscribed to or endorsed by the United States, stating, “I urge the relevant authorities, as well as all parties involved in the custody dispute, to ensure the best interests of Veronica, fully taking into account her rights to maintain her cultural identity and to maintain relations with her indigenous family and people.”
NICWA, NCAI, and Smith, who had brought their concerns to the Special Rapporteur’s attention, hailed the announcement as corroboration of the concerns raised both in the 

 on behalf of Veronica in July and in ongoing legal matters in Oklahoma.

Among the possible human rights violations is the forced removal of Veronica from her Indian family and tribal nation without adequate protection or recognition of her right to culture. Such removal violates her right to culture, education, family, and tribal nation as guaranteed by Articles 7 and 8 of the 

U.N. Declaration on the Rights of Indigenous Peoples

International Covenant on Civil and Political Rights

.

The executive directors of two leading national organizations, NICWA’s Terry Cross and NCAI’s Jacqueline Pata, called for the national conversation about the case to focus on Veronica’s human and civil rights.

“These rights are being violated by the failure of the courts to provide Veronica, her tribal nation, and her extended family with opportunities to be heard regarding her best interests,” said Cross. “What the U.N.’s involvement indicates is that we must all agree to turn our focus back to Veronica. When we do, it becomes disturbingly clear that the courts have utterly failed to protect what is guaranteed to her by international law and established treaties, best adoption practices, and in my opinion, basic tenets of decency. Her rights have been violated, pure and simple.”

“We commend the Special Rapporteur for engaging on this issue—it’s a vital step for protecting all Indigenous children throughout the world. It’s important to note that these are violations of international laws recognized and ratified by the United States long ago, not external forces weighing in on domestic laws,” said Pata. “Veronica, and all similarly situated Indian children, families, and tribal nations, have deeply felt interests in maintaining their individual and collective rights to family, culture, and community. These basic human rights, along with the fundamental principles of self-determination, non-discrimination, due process, and equality, must be protected.”

Smith agreed, stating, “Of course the facts of these matters are heart aching. Even so, it is important and required that when considering Veronica’s rights and protections to acknowledge that, as an Indigenous child, she holds the rights of continued connection to her family, her culture and community. It has been tragic that, in the media firestorm following this case the last two years, so little attention has been paid to Veronica’s basic human rights. These are rights and protections due her—due to Veronica—and are independent of any other individual involved in these matters. Veronica's rights and interests must be considered.”

Smith continued, “If she were any other child, in any other case, her present situation, needs, and rights would be considered and would have been part of the determination. Today, Veronica is a four-year-old little girl with her own view of her daily world and her own identity. She has her own words, and her own voice. It is time Veronica is heard because it is, after all, Veronica’s life.”

NICWA and NCAI Applaud United Nations’ Anaya for Calling on United States to Protect Veronica’s Human Rights

NCAI issued the following statement regarding 

 to no longer use the name of the Washington Football team: 

“The Washington football team’s name is harmful to Native people and dishonors the true historic and contemporary place of Native people and tribal nations in American society. Slate’s decision to join other reputable news outlets by dropping the R word is commendable and the action recognizes the derogatory origins and nature of the team’s name. It also raises the question as to whether Slate’s parent company the Washington Post will follow suit. We continue to call on all news and media outlets to drop the R word.”

NCAI Issues Statement Regarding Slate Decision to Drop the R Word

Washington, DC – Today, Friday, August 9th, Google Maps and the 

National Congress of American Indians (NCAI) will host

 their first ever Indigenous Mapping Day, a global “MapUp” intended to celebrate the 

United Nation's International Day of the World's Indigenous Peoples

. The effort is a result of a partnership between the National Congress of American Indians and Google Maps, including Google Map Maker, Google Earth Outreach and the Google American Indian Network.

“Place is one of the most important values for Indigenous peoples – our place includes our sovereignty, our culture, our resources, and our ways of connecting with each other and other nations. This project is an exciting start to reclaiming and establishing our rightful place in the world. Our focus is to empower tribes and tribal citizens to actively participate in how tribal lands and communities are represented on Google Maps,” said Jacqueline Pata of NCAI, the oldest, largest, and most representative American Indian and Alaska Native advocacy organization in the United States.

A MapUp is a group of people that come together to edit Google Maps with the Google Map Maker tool. By sharing their local knowledge and expertise, MapUp participants help to make Google Maps more comprehensive and useful for others, and can ensure the map accurately reflects their local community. NCAI hosted a MapUp at the 2013 Mid Year Conference, providing the NCAI Youth Commission with training on this important tool. NCAI has established a set of guidelines for Indigenous Mapping Day to ensure tribes make informed decisions about how their community is represented on Google Maps.

Many tribal communities in the United States lack accurate mapping information pertaining to roads, buildings, and information on services available to tribal members and the general public. Google Map Maker enables tribal governments, businesses, and individual citizens to take ownership of their communities as represented on Google Maps. This tool allows these entities to add to, edit, and improve digital local maps by mapping tribal offices, medical facilities, local roads, and everything in between! Anything from structures, landscapes, or ATM locations can be identified on Google Maps by using the Map Maker tool.

NCAI and Google Maps Partner for Indigenous Mapping Day Today - August 9, 2013

NCAI and Google partner for the first ever Indigenous Mapping Day on August 9th.

In partnership with the National Congress of American Indians, and in honor of the United Nation's International Day of the World's Indigenous Peoples, Google Map Maker, Google Earth Outreach and the Google American Indian Network are proud to present Google's first ever Indigenous Mapping Day on August 9, 2013.

A MapUp is a group of people coming together to improve how Google Maps represents their community. You and the members of your tribal community can add local roads, schools, health facilities, tribal offices and more. You can even map in your tribe's native language. Google Map Maker currently supports Cherokee, Navajo, Inuktitut, Inupiaq, Kalaallisut, and Hawaiian.

Many tribal communities in the United States lack accurate mapping information pertaining to roads, buildings, and information on services available to tribal members and the general public. Google Map Maker is a tool that allows tribal governments, businesses, and individual citizens to take ownership of their communities as represented on Google Maps, Google Earth, and Google Maps for Mobile. This tool allows these entities to add to, edit, and improve digital local maps by mapping tribal offices, medical facilities, local roads, and everything in between! Anything from structures, landscapes, or ATM locations can be identified on Google Maps by using the Map Maker tool.


Google Maps goes to the Arctic community of Cambridge Bay

To participate in the upcoming Indigenous Mapping Day on August 9, 2013, participants will need the following:

Must have a Google account to access Google Map Maker - for more information on how to create a Google account click 

Must be affiliated with the tribe whose lands you plan to map, which includes those that are tribal members, tribal government representatives, tribal colleges, or organizations providing services on tribal lands

Must have a computer/laptop and an Internet connection

Host/participate in a local MapUp in your community by registering 

For more information contact Sarah Beccio, NCAI Communications Associate - 

NCAI & Google Partner for Indigenous Mapping Day on August 9th

Statement of Support Issued by Tribal Governments and Leading Native American, Civil Rights, Child Welfare and Legal Advocates along with Arizona and New Mexico State Attorneys General to Stop Violation of “Baby Veronica’s” Civil Rights by South Carolina Courts

 - Today, the Native American Rights Fund filed a complaint in the United States District Court in South Carolina to protect the civil rights of Veronica Brown, a citizen of the Cherokee Nation who has been denied due process in the South Carolina courts. The filing comes after the South Carolina Supreme Court issued two controversial orders to the state’s family court on July 17 and 24, calling for the removal of Veronica from her father and a transfer her to the adoptive couple without a hearing of best interest.

The lawsuit was supported in a national statement released today by a broad coalition of civil rights, child welfare, adoption advocates, legal authorities, tribal governments, and Native American advocacy groups. These groups and individuals joined with the National Congress of American Indians, Native American Rights Fund, and National Indian Child Welfare Association in releasing the national statement of support for Veronica’s civil rights, and the rights of all children, to a hearing of best interest.

The litigation was filed on behalf of Veronica, by Angel Smith, an attorney appointed as counsel for the child by the courts of the Cherokee Nation, in U.S. District Court in South Carolina, and asks the Court to determine whether Veronica has a constitutionally protected right to a meaningful hearing in the state courts to determine what is in her best interests. Furthermore, the litigation asserts that Veronica, as an “Indian child” under the Indian Child Welfare Act, has a federally protected right to have the state courts fully consider and appropriately weigh her best interests as an Indian child. Daniel E. Martin, Jr., the judge for the family court system of South Carolina, is named as the defendant in the suit.

According to the filing, Veronica “doubtless has a liberty interest in remaining with her father and such an interest justifies at a minimum a plenary hearing on her current status, her relationships with others and her genuine need for stability… Despite the finding of the family court and the implicit assumption by the Supreme Court of South Carolina that [Veronica’s] best interest would be served by being with her father, two years later the court now determines, despite the passage of time and [Veronica’s] stage of development at age four, that her ‘best’ interests will now be served by being removed from him and given back to the adoptive couple. Again, this order is without any consideration to the present circumstances, psychological and emotional well-being, and future impact on [Veronica]. This is an arbitrary result, depriving [Veronica] of any opportunity to be heard on her own behalf, irrespective of the competing interests of the adult litigants in her young life.”

Broad National Support for the Litigation

Also today, on behalf of broad coalition of civil rights, child welfare, legal authorities, tribal governments and Native American advocacy groups, the National Congress of American Indians, along with the Native American Rights Fund and the National Indian Child Welfare Association released a national statement of support for Veronica’s civil rights to be upheld. 

 has been endorsed by a broad coalition of tribal governments, state and federal legal authorities including two state attorneys general – Arizona and New Mexico – civil rights institutions such as the Leadership Conference on Civil and Human Rights, child welfare and adoption organizations including the Child Welfare League of America, and leading national and regional Native advocacy organizations representing the interests of almost every tribe located within the United States (see full list below).

[T]he rights promised to our children are being compromised in the courts of the State of South Carolina … The recent [South Carolina Supreme Court] ruling in the case denies the basic fundamental right of an almost four-year-old Indian child to a hearing of her ‘best interests’ before removing her from her biological father after almost two years of child-rearing, bonding and establishing a loving home environment. Plainly stated, this is a denial of Veronica’s human rights and constitutional rights to due process as a citizen of the United States.

The following organizations and individuals have signed on to the letter of support for the civil rights lawsuit being filed on behalf of Veronica:

The Office of Arizona Attorney General Tom Horne

Attorney General of the State of New Mexico Gary K. King

Civil Rights, Child Welfare, and Adoption Advocacy Organizations

The Leadership Conference on Civil and Human Rights

North American Council on Adoptable Children

Asian & Pacific Islander American Health Forum

Friends Committee on National Legislation

National Latino Farmers & Ranchers Trade Association

Central Council of the Tlingit and Haida Indian Tribes of Alaska – 

Confederated Tribes of the Umatilla Indian Reservation- 

Les Minthorn, Chairman of the Board of Trustees

Enterprise Rancheria, Estom Yumeka Maidu Tribe 

- W. Ron Allen, Tribal Chairman/CEO and Chairman - DOI, Self-Governance Advisory Committee (representing 253 Tribes and Native Villages throughout the United States)

Lac Courte Oreilles Band of Lake Superior Chippewa Indians – 

- Chief Lynn Malerba, - Chairwoman IHS, Tribal Self-Governance Advisory Committee (representing 336 Tribes and Native Villages throughout the United States)

Tribal President/Administrator Delia Commander

Deanna Muir, Deputy General Manager of the Tulalip Tribes

California Association of Tribal Governments

Tribal Council of the Five Civilized Tribes

Great Plains Tribal Chairman’s Association

American Indian & Alaska Native Organizations

Association on American Indian Affairs Tribal Law & Policy Institute

Oklahoma Indian Child Welfare Association

Self-Governance Communication and Education Tribal Consortium

Co-Director, American Indian Law Program Associate Clinical Professor of Law University of Colorado Law School

Distinguished Indian Law Practitioner in Residence, Center for Indian Law and Policy

Chair, Federal Bar Association Indian Law Section

Co-Director, American Indian Law Program Associate Professor of Law University of Colorado Law School

Professor of Law, Co-Director, International Law Concentration Suffolk University Law School


On July 17 and July 24, the South Carolina Supreme Court issued two controversial orders to the state’s family court calling for an expedited transfer of Veronica Brown to the South Carolina-based adoptive couple without a hearing of best interest. It is standard procedure that all custodial transfers, including adoption proceedings, require a hearing to determine the best interest of the child in advance of any transfer proceedings, an essential step the South Carolina Supreme Court failed to take, thus denying Veronica the right to have her best interests considered. One year ago the South Carolina Supreme Court, followed the family court’s finding that it was in the best interest of Veronica to be with her father stating: “Likewise, we cannot say that Baby Girl's best interests are not served by the grant of custody to Father, as Appellants have not presented evidence that Baby Girl would not be safe, loved, and cared for if raised by Father and his family.”

Click here to read additional background on the case

Federal Civil Rights Lawsuit Filed on Behalf of Veronica Brown

Washington, DC - The South Carolina Supreme Court ruled today to deny the appeal filed by Dusten Brown and the Cherokee Nation of the Court’s July 17 order to expedite the transfer of custody of Veronica Brown to the South Carolina-based adoptive couple. One year ago, the South Carolina Supreme Court found that denying the adoption and awarding custody to Dusten Brown was in Veronica’s best interests. Today, that same Court summarily reversed that decision based on a two-year-old record and without providing a hearing for Veronica. Jacqueline Pata, executive director of the National Congress of American Indians issued the following statement in response to today’s ruling:

“The South Carolina Supreme Court has utterly failed to evaluate Veronica’s current best interests in this case and confirmed our worst fears – when it comes to Veronica Brown, standard adoption procedures do not apply. Apparently, the Court believes that there is no need to require the family court to hold a formal and thoughtful hearing to determine what is in Veronica Brown’s best interest. Like thousands of Native American children before her, Veronica now faces the prospect of being removed from her Cherokee family, without a formal consideration of her needs, her culture and her well-being. This is an alarming failure of the judicial system, and it represents a grave threat to all children in adoption proceedings, but most notably Native American children, who deserve all the legal protections, afforded any child in this nation.”

“The National Congress of American Indians refuses to stand by as the rights of this child are violated. Together with the Native American Rights Fund and the National Indian Child Welfare Association we are preparing to file litigation in order to protect Veronica’s civil rights. On behalf of all Native American children, we will pursue every legal option available to us to ensure that standard adoption procedures are upheld in this case.”

“Let me add that I believe the South Carolina Supreme Court has shown willful disregard for the facts when it claims Dusten Brown has not been involved in the life of his daughter. On the contrary, Dusten Brown has gone to extensive lengths to maintain his family and to care for Veronica. The Court’s willingness to ignore these facts and rush a resolution in this matter is deeply troubling. “

South Carolina Supreme Court Denies Rights to Baby Veronica

Lack of hearing to determine best interest driving concerns of child’s rights violations

Washington, DC – Three of the nation’s leading tribal organizations announced today they are in the early stages of pursuing litigation to protect the civil rights of Veronica Brown, a citizen of the Cherokee Nation who has been denied due process in the South Carolina courts.

Late Wednesday of last week the South Carolina Supreme Court issued a controversial order to the state’s family court calling for an expedited transfer of custody to the South Carolina-based adoptive couple without a hearing of best interest for Veronica. It is standard procedure that adoption proceedings require a hearing to determine the best interest of the child in advance of any transfer proceedings, an essential step the South Carolina Supreme Court failed to take, thus denying Veronica the right to have her best interests considered.

Leaders of the Native American Rights Fund (NARF), National Congress of American Indians (NCAI), and National Indian Child Welfare Association (NICWA) said they were compelled to begin a process to represent the rights of Veronica in the situation, based on the Court’s order.

“When it comes to adoption proceedings, every court in this country has a legal obligation to put the best interests of a child first – every time, no matter the race of the child. This did not happen here. The South Carolina Court’s order represents a perilous prospect for not only Veronica, but any child involved in a custody proceeding in this country,” said Jacqueline Pata, Executive Director of NCAI. “In a rush to judgment, the South Carolina Supreme Court ordered Veronica to be removed from her biological father without any consideration for her best interests. The decision contributes to the long and sordid history of Native American children being removed from their families without any consideration of their best interests. The National Congress of American Indians refuses to stand by as the rights of this child are violated.”

Terry Cross, Executive Director of the National Indian Child Welfare Association outlined the history of best interest determinations within the case and how they run contrary to the order issued by the court last Wednesday:

“Two years ago, both the South Carolina Supreme Court and Family Courts held best interest hearings and determined that it was in Veronica’s best interest to be with her father and that he was fit parent,” said Cross. “As a result the South Carolina Supreme Court transferred custody to Mr. Brown. The legal system worked then, but it is being ignored now. It is unconscionable that no best interest hearing has been held in conjunction with the latest transfer order. Every child deserves to have his or her best interests considered – that is a fundamental right, and one that should not be denied any child.”

The previous ruling by the South Carolina Supreme Court, ruled in favor of the father establishing that putting Veronica in Brown’s care was in best interest. No best interest has ever been established for a transfer to the adoptive couple during the entire time of the case. The organization’s pointed to the court’s findings to favor Brown, thus leading to the placement (

“The family court found persuasive the testimony that Father was a good father who enjoyed a close relationship with his other daughter…” (p.22)

“We can only conclude from the evidence presented at trial that Father desires to be a parent to Baby Girl, and that he and his family have created a safe, loving, and appropriate home for her….” (p.23)

“Likewise, we cannot say that Baby Girl's best interests are not served by the grant of custody to Father, as Appellants have not presented evidence that Baby Girl would not be safe, loved, and cared for if raised by Father and his family.” (p.26)

Additionally, the presenters addressed the issue that certain provisions of the Indian Child Welfare Act no longer applied. Cross identified that in the court’s own decision in the original case it was stated that;

‘South Carolina courts have a long history of determining custody disputes based on the "best interests of the child.”…This important history is not replaced by the ICWA's mandate.” (p.24)

The organization’s also highlighted the comments of Paul Clement the official representative for the child in the U.S. Supreme Court oral arguments, and the lawyer arguing for attorney for the Guardian Ad Litem, stating that if remanded back to the South Carolina Court there was every expectation that a hearing of best interest for Veronica must be held in order to uphold her rights;

“I'm here representing the guardian who represents the best interest of the child. From the child's perspective, the child really doesn't care whose fault it was when they were brought in one custodial situation or another. They just want a determination that focuses on at the relevant time, that time, what's in their best interest. And so in the same way that we think if you rule in our favor and you remand to the lower court that there has to be a best interest determination that takes into account the current situation,” (p.24)

 of this exchange between Clement and Justices. 

John Echohawk, Executive Director of NARF, the nation’s leading non-profit law firm which has represented the interests of Indians and Indian tribes in federal and state courts since 1970 outlined the next steps to be taken by the organizations:

As you know, the Supreme Court of South Carolina issued its order last Wednesday, and gave Dusten and the Cherokee Nation five (5) days to file their petitions for rehearing. Those petitions will be filed today.

When, as anticipated, the Supreme Court of South Carolina denies those petitions for rehearing, its order will become final and this case will be remanded to the State Family Court [quote] “for the prompt entry of an order approving and finalizing Adoptive Couple’s adoption of Baby Girl” [end quote]. As reflected in the order, the courts of the State of South Carolina can summarily terminate Dusten’s rights as a father and—without any hearing on what is in the best interests of this Indian child—and without any regard for due process of law to protect her civil rights—can remove Baby Veronica from her Indian father, her Indian family, and her Indian tribe with whom she has been living with for the past 18 months.

As Executive Director of NARF, I have instructed my legal staff to work with local counsel in South Carolina and Oklahoma to determine our best legal recourse through the federal courts to protect the rights of Baby Veronica. In this case, we strongly believe that federal civil rights laws are being violated, that other applicable provisions of the Indian Child Welfare Act are being ignored by the state courts, and that the principles underlying treaty and international law protecting the rights of indigenous peoples are being undermined.

National Native Organizations Announce Pursuit of Civil Rights Lawsuit for Baby Veronica

Washington, DC - The National Congress of American Indians (NCAI) has released the following statement regarding yesterday’s 

 calling on the South Carolina Family Court to order a transfer of custody of Baby Girl – Veronica - to the Adoptive Couple involved:

“We are witnessing the final steps in a forced removal of a Native child from her father, her family, and her Native community.

NCAI is astounded and alarmed that the South Carolina Supreme Court has issued an order to transfer Veronica, the daughter of Dusten Brown, a citizen of the Cherokee Nation, to the adoptive couple and doing so without holding a hearing to determine the best interests of the child. There is no scenario in which the best interests of this three year old child will be served by removing her from her loving father and family raising her in Oklahoma. Mr. Brown pursued his right to care for his biological daughter since the moment he learned of the adoption. A removal of the child will be extremely traumatic for her and is clearly not in her best interest.“

NCAI Statement on South Carolina Order to Remove Veronica – Baby Girl - From Father and Family

Washington, DC – The National Congress of American Indians has issued the following statement by President Jefferson Keel on the passing of President Dr. Clinton M. Pattea of the Fort McDowell Yavapai Nation.

“Throughout his long career, Dr. Pattea built a lasting foundation for Indian Country’s success by championing Native rights and advocating for all Native peoples. His commitment to tribal economic success and improving the education, health, and wellness of our children is a legacy that will benefit our nations for generations to come. Dr. Pattea was a shining example of courage and leadership for all Americans. Our thoughts and prayers are with the Pattea family, and all of the citizens of the Fort McDowell Yavapai Nation, as they face the loss of such a great leader.”

NCAI Issues Statement About Passing of President Dr. Clinton M. Pattea of the Fort McDowell Yavapai Nation

Washington, DC – The National Congress of American Indians (NCAI) released a statement today reflecting on the life and contributions of former Board Member Marge Anderson, who passed away on Saturday, June 29, 2013 at the age of 81.


Marjorie Anderson was the first woman to lead an American Indian tribe in Minnesota. She served as Chief Executive of the Mille Lacs Band of Ojibwe Indians from 1991 to 2000 and again from 2008 to 2012. During her outstanding career she served on the Executive Board of the National Congress of American Indians.


NCAI President Jefferson Keel stated on her passing, “We know that her spirit and example lives on, encouraging all Native peoples to stand up for what they believe in and accept the challenge of serving in leadership roles.”


The Mille Lacs Band economic development was enhanced through her efforts to invest tribal revenue into schools, social programs, infrastructure and environmental protection. Mrs. Anderson was also a driving force in promoting the separation of powers in tribal governments.


She is survived by her husband Merlin Anderson, their children, grandchildren and great grandchildren.


Our thoughts are with the Anderson family and Mille Lacs Band.

NCAI Remembers Marge Anderson, First Woman To Lead An American Indian tribe in Minnesota

The 2013 Mid Year Conference was full of significant announcements that affect our nation-to-nation relationship with the federal government. On Wednesday, President Obama signed an Executive Order creating the White House Council on Native American Affairs. The Executive Order establishes a national policy to ensure that the federal government engages in a true and lasting government-to-government relationship with tribal nations.

NCAI President Jefferson Keel released a statement welcoming the President’s Executive Order, calling it “a very strong step forward to strengthen our nation-to-nation relationship.” President Keel noted that the Council “has been a top priority of tribal leaders from the earliest days of the Obama Administration.”

On Thursday morning, Interior Secretary Sally Jewell provided her first address to tribal leaders at the 3rd General Assembly. Secretary Jewell noted that President Obama and former Secretary Ken Salazar “opened a new chapter” in relations with tribal nations. She promised to “keep that chapter open” and “take it to the next level.”

Also on Wednesday, Health and Human Services Secretary, Kathleen Sebelius announced a final rule that all American Indians and Alaska Natives eligible to receive care through the Indian Health Service will be exempt from the minimum essential coverage requirement in the Affordable Care Act.

Mid Year 2013 Newsletter

This is the first time Secretary Jewell will be addressing tribal leaders attending an NCAI Conference. Please join our 

NCAI Mid Year Conference LIVE STREAM- Department of the Interior, Secretary Sally Jewell Addresses the Third General Assembly

NCAI Statement on President Obama’s Executive Order
Establishing the White House Council on Native American Affairs

Secretary Jewell to Meet with Tribal Leaders on Thursday Morning

Reno, NV- In Washington today, President Obama signed an 

Executive Order creating the White House Council on Native American Affairs

. The Executive Order establishes “a national policy to ensure that the federal government engages in a true and lasting government-to-government relationship” with tribal nations. In advance of tomorrow’s address by Interior Secretary Sally Jewell to the General Assembly of the National Congress of American Indians (NCAI) Mid Year Conference in Reno, Nevada, NCAI President Jefferson Keel released the following statement:

“President Obama’s Executive Order represents a very strong step forward to strengthen our nation-to-nation relationship. The Council has been a top priority of tribal leaders from the earliest days of the Obama Administration. It will increase respect for the trust responsibility and facilitate the efficient delivery of government services.

The Executive Order represents an important commitment to:

Effective tribal policy development coordinated with the White House Domestic Policy Council;

Increased engagement with tribal nations and Native peoples through the White House Office of Public Engagement and Intergovernmental Affairs;

Effective and efficient consultation under Executive Order 13175; and

The ongoing success of the annual White House Tribal Nations Summit.

We look forward to working with President Obama, Secretary Jewell, and other members of the Cabinet to ensure that the Council advances our nation-to-nation relationship and builds a prosperous future for generations to come. “

The Council has been a top priority of tribal leaders from the very earliest days of the Obama Administration. At the NCAI Annual Convention in 2009, anticipating the first annual White House Tribal Nations Summit, the membership of NCAI passed 

resolution PSP-09-008 “Reaffirmation of the Nation-to-Nation Relationship.”

 The resolution called upon the President to establish an Executive Branch Nation-to-Nation Council chaired by the Secretary of the Interior.

In 2012, following the President’s successful reelection campaign, NCAI urged the President to “Create an Interagency Native Policy Council” as one of nine transformative actions that would strengthen our nation-to-nation relationship.

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 Statement on President Obama’s Executive Order Establishing the White House Council on Native American Affairs

Reno, NV – On Tuesday June 25, President Obama and his Administration released 

an action plan to address the threats posed by climate change

. The National Congress of American Indians (NCAI) released the following statement from the organization’s national Mid Year Conference in Reno, Nevada:

“NCAI welcomes President Obama’s important plans to address climate change. American Indian and Alaska Native people live on the front lines of a changing world, where the disruptions to our natural resources caused by changes in the climate are having real and measurable effects on the livelihoods of Native people. We agree with the President that responding to the very real threat of climate change is a moral obligation to future generations.

We applaud the inclusion of tribal governments in the Task Force on Climate Preparedness and look forward to contributing our time tested insights to address the impact of climate change. NCAI recommends that tribal governments have active and consultative roles in all federally led climate task forces and initiatives, and urges consideration of a permanent climate change adaptation advisory board to oversee federal policy development and implementation. We also recommend that the Administration explicitly include traditional ecological knowledge in their work to identify approaches to address climate change.

Tribal lands possess extensive renewable energy resources and our governments look forward to partnering with the Administration to expand the development of tribal renewable energy. We also welcome efforts to expand and modernize the electric grid and call on the Administration to prioritize tribal nations as those most underserved by the electric grid.

We were heartened by the President’s comments that his decision to approve the Keystone XL Pipeline would depend on whether it would increase emissions of climate warming greenhouse gases. Tribal nations have consistently raised concerns about the environmental impact of Keystone and the absence of meaningful consultation with tribal nations. We look forward to working with the Department of State to ensure tribal concerns are fully included in the final environmental impact statement and that meaningful consultation with tribal nations precedes any final decision regarding the Keystone XL Pipeline.

We expect that the Administration’s efforts will fit hand in hand with the federal government’s obligation and responsibility to consult with tribal nations. Under the Executive Order 13175 and the UN Declaration on the Rights of Indigenous Peoples, tribal nations have the right to be involved directly in all decision-making that affects our nations and our peoples.

We look forward to working with the President and his Administration on these issues and welcome his critical leadership in this area.”

NCAI Statement on Obama Administration Plan on Climate Change

 the United States Supreme Court upheld the Indian Child Welfare Act (ICWA), but reversed and remanded this case back to the South Carolina courts on a technicality. The narrow decision focused on the standard to determine whether this particular father’s parental rights could be terminated.

Jefferson Keel, President of the National Congress of American Indians delivered the following statement from the organization’s Mid Year Conference in Reno, Nevada:

“Today’s decision sends a clear message that there is no question of ICWA’s role as the most important law to protect Native children and families. The decision also affirms Congressional authority to protect Indian Children.

While we are pleased the court has upheld ICWA, we’re very disappointed for Dusten, Veronica, and the Brown family that the court has ruled to send the case back to the South Carolina courts on a technicality. However, the courts in South Carolina have previously affirmed that Dusten Brown is Veronica’s father and that he is a fit parent. We are confident that his parental rights will be upheld, and that Veronica will stay with her family.

We remain committed to Native families and we will continue to support Dusten Brown’s fight for his rights as a father and for Veronica to remain with her loving father, grandparents, and community. Dusten loves his daughter and has never given up in this process, and neither will we. “


In mid-April of 2013, the Supreme Court Justices considered an appeal by the South Carolina couple and their lawyers to the South Carolina Supreme Court decision which held the following;

1. that it was in Veronica’s best interests to be placed with her father;
2. that ICWA applied and was not unconstitutional;
3. the "Existing Indian Family" doctrine was inapplicable as an exception to the application of the ICWA in this case;
4. that the father did not voluntarily consent to the termination of his parental rights or the adoption;
5. the Appellants failed to prove by clear and convincing evidence that Father's parental rights should be terminated or that granting custody of Baby Girl to Father would likely result in serious emotional or physical damage to Baby Girl.

In advance of the oral arguments, support for the position to uphold the lower court rulings and the protections of ICWA was characterized as historic. U.S. Solicitor General Donald Verrilli and 19 states and state attorneys general were joined by 

a large array of groups who submitted 24 separate briefs

 in all. Not one state submitted briefs in support of 

.

The overwhelming support included 17 former and current members of Congress; Casey Family Programs, the Children’s Defense Fund, and 16 other child welfare organizations; the American Civil Liberties Union; broad coalitions of psychology associations, child advocates, and legal experts; adult Native American adoptees; and tribal amicus briefs which include 333 American Indian tribes.

Two national tribal amicus briefs were submitted. The first, focused on the legislative history and importance of ICWA, was submitted by the Association on American Indian Affairs, NCAI, and the National Indian Child Welfare Association (NICWA), who were joined by 30 Indian tribes and five Indian organizations. A second national tribal amicus brief addresses the constitutional issues raised by the petitioners and also includes 24 tribal nations and organizations. The members of the Tribal Supreme Court Project—Native American Rights Fund (NARF) and NCAI—in partnership with NICWA, joined together to organize the briefs in support of the father.

U.S. Supreme Court Upholds Indian Child Welfare Act in Adoptive Couple v. Baby Girl

In lead up to 2014 World Conference on Indigenous Peoples tribal nations engage in global dialogue concerning the Declaration on the Rights of Indigenous Peoples

 Indigenous governments, including the tribal nations of North America, are seeking an official status within the United Nations in the lead up to the High Level Plenary to be known as the World Conference on Indigenous Peoples (WCIP) in New York City in September of 2014.

In late May of 2013 during the United Nations Permanent Forum on Indigenous Issues in New York City, more than 72 tribal nations and ten Indian and Native Hawaiian organizations – including NCAI, called on the UN to adopt rules to recognize the “regular and permanent status” of constitutional and customary Indigenous governments at the UN and become fully inclusive of all Indigenous governments. More specifically, the joint statement (download) made three recommendations for consideration leading up to the WCIP:

That a new monitoring body be incorporated within the UN to help guide implementation of the Declaration by members states of the UN;

That the UN take action to address the issue of violence against Indigenous women, including convening a high-level conference to discuss this matter, ensuring any monitoring mechanism of the Declaration pay particular attention to Article 22, and to appoint a Special Rapporteur with a specific focus on violence against Indigenous women and children; and

That the UN take action to give constitutional and customary governments of Indigenous Peoples a dignified, permanent status within its processes, which acknowledges their rights as self-governing nations.

In a global meeting held last week in Alta, Norway, tribes continued to advocate that the UN adopt rules to recognize the “regular and permanent status” of constitutional and customary Indigenous governments at the UN and become fully inclusive of all Indigenous governments.

Currently, Indigenous governments have no official status in the UN. Non-governmental organizations (NGOs) are given a formal ‘consultative status” in UN processes and are relied upon in matters affecting Indigenous Peoples, while the elected or traditionally appointed governments of Indigenous Nations are often denied an active role in discussions affecting their people.

The global meeting in Alta was held to prepare for the UN’s High Level Plenary Meeting to be held in September 2014, and produced an Outcome Document (download) with recommendations for the implementation of the UN Declaration on the Rights of Indigenous Peoples with input from 7 Indigenous caucuses from throughout the globe. Recommendation 2.10 states:

Pursuant to the universal application of the right of self-determination for all Peoples, recommends that the UN recognize Indigenous Peoples and Nations based on our original free existence, inherent sovereignty and the right to self-determination in international law. We call for, at a minimum, permanent observer status within the UN system enabling our direct participation through our own governments and parliaments. Our own governments include inter alia our traditional councils and authorities.

Participating in the Alta Meetings were – Chairman John Sirois, Confederated Tribes of the Colville Reservation; Chief John Giesbrecht, Kwikwetlem First Nation; Chief Wilfred King, Gull Bay First Nation; and Dwight Witherspoon (Tribal Council Representative) and Leonard Gorman (Executive Director, Navajo Nation Human Rights Commission) on behalf of the Navajo Nation.

Frank Ettawageshik (Little Traverse Bay Bands of Odawa Indians, Executive Director, United Tribes of Michigan) also participated as an official delegate of the National Congress of American Indians (NCAI).

Statement of the National Congress of American Indians (NCAI):

“The tribal nations that participated in these meetings helped continue the push for full and effective participation for Indigenous nations in the UN. NCAI has an NGO status with the UN, yet believes that tribes should be afforded their full and effective status, and is committed to acting as a resource for tribes wanting to participate in UN discussions. NCAI insists that Indigenous nations need an active, direct voice within the UN, especially considering that Indigenous nations remain at the forefront of the world’s most challenging issues - from climate change to poverty. To recognize the autonomy of Indigenous governments and afford them a rightful seat at the table is a critical step to fully implementing the Declaration on the Rights of Indigenous Peoples. NCAI is committed to providing technical assistance to tribes in making the push for each of these issues. Each of these recommendations remains a priority for Indigenous nations as we move forward toward the 2014 WCIP. “

Indigenous Nations Call for Full and Effective Participation of Indigenous Nations in United Nations

NCAI Supports Fixes in Native American Vets' Memorial Act of 2013

Bill allows for more flexibility for National Museum of the American Indian (NMAI) to assist with the completion of the Memorial

Washington, DC – The National Congress of American Indians (NCAI) is supporting new legislation introduced by Senator Schatz of Hawaii to clarify the Native American Veterans’ Memorial Establishment Act of 1994, amending the bill to allow for the completion of the long standing project. The project has encountered a number of obstacles since the legislation’s passage, including limitations placed on the involvement of the National Museum of the American Indians (NMAI). The new language removes a number of technical barriers that have hindered completion and allows for the memorial to be built adjacent to NMAI, not inside the Museum as originally proposed. Additionally, NMAI would be able to participate in raising funds for the effort.

“It is essential that we fulfill Senator Inouye and Indian Country’s vision for a memorial to honor the service and sacrifice of our Native American service members. NCAI supports the amendments to the Native American Veterans’ Memorial Establishment Act of 1994, which will make the memorial a reality and allow for it to be built on the property of the National Museum of the American Indian,” said Jefferson Keel, President of NCAI and a decorated veteran. “Most importantly, this bill allows for more flexibility for tribal nations and the United States to work together to honor the contributions and sacrifices of American Indian, Alaska Native, and Native Hawaiian military service members and veterans. As a Native veteran myself, I look forward to the day my fellow veterans are recognized for their contributions to protecting the sovereignty of tribal nations and the United States.”

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