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.”

2012 report released by the Department of Veterans Affairs

more than 154,000 Veterans identify themselves as solely American Indian and Alaska Native;

Over 44,000 Native Americans served between 1941 and 1945. The entire population of Native Americans in the United States was less than 350,000 at the time;

More than 42,000 Native Americans served in the military in the Vietnam Era, and over 90 percent of these Service members were volunteers.

New Native Veterans Memorial Bill to “Make Memorial a Reality”

Draft Environmental Impact Statement doesn’t address potential impact to tribal water resources, sacred places, and lacks plans for emergency response coordination with tribes

Washington, DC - The National Congress of American Indians (NCAI) has released 

 by the organization the week of April 22, 2013 to the U.S. Department of State in response to the Draft Supplemental Environmental Impact Statement (DSEIS) For the KEYSTONE XL PROJECT Applicant for Presidential Permit: TransCanada Keystone Pipeline, LP released on March 1, 2013. The responding documents includes a letter from NCAI and fourteen pages of comments, including Google Earth Maps showing the proximity of the pipeline to tribal nations and natural resources.

In the letter, NCAI outlines the organization’s concerns and absence of vital information regarding vulnerabilities and potential impact of the pipeline on tribal nations:

“While grateful for the opportunity to submit these comments, it is with great concern that NCAI submits our comments related to the proposed construction of the Keystone XL Pipeline and the DSEIS. NCAI has a number of environmental impact concerns, which are detailed in these comments, and is calling on the U.S. Department of State to adequately address and mitigate these concerns pursuant to requirements established by Executive Order 13175 for consultation with tribal governments.

The following are points of concern offered by NCAI:

1.) Potential Environmental Impacts to Tribal Natural Resources, Water Quality, and Water Supply Systems;
a. Surface Water and Groundwater Impacts Identified by the DSEIS
b. Threats to Tribal Water Systems & Water Quality: Major Waterbody Crossings
i. Missouri River Crossing - Fort Peck Tribes of Assiniboine and Sioux Tribes = Milepost(MP) # 89.6
ii. Cheyenne River Crossing - Cheyenne River Sioux Tribe – MP #430.07

c. Threats to Tribal Water Systems: The Mni Wiconi Rural Water System

2.) Potential Impacts to Native American Sacred Places;

3.) Concerns with Spill Prevention Control and Countermeasure Plan and Emergency Response Plan Sections

4.) Consultation With and Opposition by Tribal Governments”

Additionally the letter goes on to state:

“As a result of the findings included in our comments, NCAI is calling on the U.S. Department of State, to include in the final version of the SEIS critical information pertaining to tribal nations that is missing in the DSEIS. Noting that further consultation is required and ongoing by the federal government, the U.S. Department of State should engage in further consultation immediately pursuant to Executive Order 13175.

In total, if these concerns are not addressed sufficiently or mitigated to the fullest extent, it is in the best interest of the United States to reject the Keystone XL pipeline permit solely on the basis of the federal trust responsibility to tribal nations. The project as outlined in the DSEIS poses tremendous risks to the cultural and natural resources of tribal nations and is not in the best interest of the tribal nations and their citizens.

The United States has treaty and trust responsibilities to protect tribal lands from hazards and threats posed to tribal nations and non-Native citizens, which will also be impacted by the Keystone XL pipeline.”

NCAI Releases Public Comments Submitted to U.S. Department of State on Keystone XL Pipeline

Nurse-Midwifery Student Brittany Simplicio (Navajo) Receives Award

“Healthy Native children and families are essential to strong tribal nations,” said NCAI President Jefferson Keel. “We commend Ms. Simplicio for her commitment to strengthening the health of our nations’ youngest members and their mothers, and we look forward to assisting her in her professional development and her ongoing efforts to improve Native health as a nurse-midwife.”

Throughout her Master’s program, Ms. Simplicio has been devoted to serving Native communities. Her clinical rotations have largely been on the Navajo Nation, both at the Northern New Mexico Medical Center in Shiprock, New Mexico, and the Tsehootsooi Medical Center in Fort Defiance, Arizona. Together with her mentor, Nicolle Gonzales, she is also spearheading efforts to establish a sustainable birth center in northern New Mexico that would serve Navajo, Pueblo, and Apache families and bring a traditional birth option back to the Native community. In addition, Ms. Simplicio mentors diverse high school students in preparing for higher education as a tutor at the College Enrichment and Outreach for College Readiness Program.

In its second year, NCAI's Native Graduate Health Fellowship is a part of NCAI's commitment to equipping the next generation of Native leaders. NCAI received nearly 40 applications from students representing 18 tribes. A review committee comprised of NCAI staff and key leaders in Native health selected the Fellow, as well as two finalists, on the basis of demonstrated commitment to American Indian and Alaska Native health, academic achievement, and community leadership. The program aims to build a pipeline of Native health professionals who can support tribal sovereignty and who are prepared to lead in promoting health policies and practices that address the unique needs of American Indians and Alaska Natives.

NCAI deeply appreciates the generous support of Robert Burnette and the Seventh Day Adventist Church in helping to sustain the fellowship. The Klamath Tribes, the Kiowa Tribe, the Ketchikan Indian Community, and the Jamestown S’Klallam Tribe also pledged a combined $4,000 to help sustain the Fellowship’s endowment. NCAI is planning to expand this Fellowship into other high-need areas in Indian Country, such as education and economic development. For more information about supporting the Fellowship, contact Peter Morris at (202) 466-7767 or 

Native American Midwife Student Awarded 2nd Annual NCAI Graduate Health Fellowship

Former NCAI Executive Director Jacqueline Pata appeared on Melissa Harris-Perry on MSNBC on Sunday April 28, 2013 to discuss and contextualize the Indian Child Welfare Act (ICWA).

Jacqueline Pata on MSNBC Discusses History and Contemporary Context of ICWA

Washington, DC - NCAI and Indian Country converged on Washington, DC during the week of April 22, 2013 to engage the federal government in a constructive dialogue about the federal government's trust responsibility and federal budget obligations to tribal nations. The message was clear and firm - "Honor the Promises to Tribal Nations in the Federal Budget." In making the unified call, 

 outlining how deep sequestration cuts and proposed cuts to the FY 2014 budget would impact Indian Country.

Throughout a week of events this message and many more have been brought forward by tribal leaders and advocates. On Monday NCAI and seven regional tribal organizations hosted a Joint Tribal Budget Briefing on Capitol Hill. On Wednesday both the House and the Senate hosted hearings on the issue - the House Committee on Appropriations, Subcommittee on Interior, Environment, and Related Agencies held a hearing on American Indian/Alaska Native Programs - and the Senate Committee on Indian Affairs held a hearing on the FY2014 Budget's Impact on Indian Country. Tribal Interior Budget Council meetings were held Tuesday and Wednesday along with a tribal meeting Thursday on the changes proposed in the President's budget on contract support costs.

The week of events came two months after NCAI released its 

 and just two weeks after the Obama administration released its own FY 2014 Budget. In response to the Obama Budget, 

NCAI released the following analysis of the Administration's proposed budget

Joint Tribal Budget Briefing - NCAI & Seven Regional Tribal Organizations Brief Staff and Media

On Monday April 22, 2013 NCAI hosted a Joint Tribal Budget Briefing in partnership with the Affiliated Tribes of Northwest Indians (ATNI), California Association of Tribal Governments (CATG), Coalition of Large Tribes (COLT), the Great Lake Inter-Tribal Council (GLITC), the Great Plains Tribal Chairman's Association (GPTCA), the Montana-Wyoming Tribal Leaders Council (MWTLC), and the United South and Eastern Tribes (USET).

Ron Allen, NCAI's Treasurer and the Chairman of the Jamestown S'Klallam Tribe opened the event as tribal leaders, congressional staffers, members of the media, and tribal advocates listened and participated in question and answer sessions. During the briefing NCAI announced the 

release of its budget paper - A Call to Honor the Promises

Tex Hall, former NCAI President and current Chairman of COLT and Chairman of the Mandan, Hidatsa and Arikara Nation in North Dakota - sent a clear message about the direct impacts tribal nations are facing - especially the large land based tribes.

"Sequestration has hit us very hard. We have taken an almost 11% cut in just the last two quarters of this fiscal year," said Hall in 

. "As a result, the Oglala Sioux Tribe has lost over $3 million in direct service dollars from the BIA alone. The Yankton Sioux Tribe has had its medical contract health care referrals stopped altogether until further notice. The Rosebud Sioux Tribe and Oglala Sioux Tribe are looking at the possibility of laying off police officers, and virtually all of us have seen additional limitations placed on our contract health care referrals. Today, schools throughout our reservations are all struggling to buy the supplies necessary to open in the fall. Some, at Pine Ridge, for example, are even photocopying outdated text books."

Fawn Sharp, President of ATNI and President of the Quinault Indian Nation also addressed the group. She shared howtribes are building economies but having to subsidize government functions. Sequester impacts are so compounding that it will take many generations to recover from this one period.

Robert McGhee, USET representative and Councilman of the Poarch Band of Creek Indians shared that we live in a period of self-determination for Native peoples, reflected in a host of laws that support tribal sovereignty and are critical to the vitality and well-being of tribal communities. Regrettably, these laws are rarely funded to the level necessary to achieve their intended purposes.

Ed Johnstone of the Northwest Indian Fisheries Commission (NWIFC) spoke about how tribes' treaties are at risk. Tribes are trustees for the natural resources, for tribal hunting and gathering, plants and animals, our fish, and everything that makes us whole. He lamented, "Tribes have 9 more years of this pressure, this reality. It's unimaginable."

Cathy Abramson, the Elected Councilwoman, Saulte Ste. Marie Chippewa Indians and NIHB Board Chairperson spoke about the critical impacts of underfunding that will result of IHS funding cuts.

"Pine Ridge has reported there have been a 100 suicide attempts in 110 days. Because of sequestration, they won't be able to hire two mental health providers. We just can't take any more cuts."

House Appropriations, Interior Subcommittee Hearing on Tribal Programs

The Subcommittee on Interior, Environment, and Related Agencies held a two day hearing on American Indian and Alaska Native programs. The Subcommittee heard testimony from over 85 tribal witnesses in person. Jefferson Keel, Lt. Governor of the Chickasaw Nation testified as President of NCAI and as tribal co-chair of the Tribal Interior Budget Council. NCAI thanks and commends all the tribal leaders and advocates for all the work put into preparing testimony for this important hearing. The witness list can be 

Senate Committee on Indian Affairs - Budget Hearing - Obama FY2014 Budget's Impact on Indian Country 

Watch the replay of the hearing from the Senate Committee on Indian Affairs' website.

On Wednesday, April 24, 2013 the U.S. Senate Committee on Indian Affairs (SCIA) Chairwoman Maria Cantwell (D-WA) encouraged the Administration to continue to invest in key programs for Indian Country, during a Committee oversight hearing on the President's Fiscal Year 2014 budget proposal.

The hearing - entitled "The President's Fiscal Year 2014 Budget for Tribal Programs" - reviewed funding priorities for key tribal programs that provide healthcare, education, infrastructure, and public safety services to tribal members. The hearing occurred exactly two weeks after the Administration released its budget.

In her opening remarks, Chairwoman Cantwell discussed the federal trust responsibility to tribes.

"It's important in our discussions here today to acknowledge the unique legal obligations the federal government has towards Indian tribes. The trust responsibility is grounded in the United States Constitution, in treaties, in federal statutes, in Supreme Court decisions, so it's important that when we look at how we fund tribal programs, we understand that tribal programs are an acknowledgment of a government to government relationship that exists between tribes and the federal government."

Cantwell applauded the Administration's support for Indian health programs, energy development and public safety programs for tribal governments. Cantwell also expressed concerns about proposed budget cuts to tribal economic development programs. Eight of the ten poorest counties in the United States can be found in Indian Country and unemployment rates can be as high as 80 percent. Cantwell also expressed concern about the Administration's budget proposal to zero out investments for new school construction in Indian Country, even though half of the schools in the Bureau of Indian Education system are considered to be in poor or fair condition.

"For tribal communities to thrive now and into the future there must be economic development opportunities and workforce opportunities," said Cantwell at the hearing. "This year's budget request contains a decrease in economic development funding for Indian Country, despite a moderate increase in overall education funding, and it contains no funding for school construction."

In his opening remarks Senator Franken (D-MN) also addressed the challenges facing Indian schools affected by reductions in Indian school replacement funding.

"Despite the many schools that need to be rebuilt, this year, like last year, the President has requested that no funding go to rebuilding these schools. Leaving thousands of Indian children to stay in crumbling dangerous building, this is just simply unacceptable," said Senator Franken who had outlined deplorable conditions of Indian schools in Northern Minnesota and throughout Indian Country.

Franken continued, "How can we expect Indian children to succeed, Native communities to flourish under these conditions? We simply have to do better. I hope that my colleagues on this committee join me in pushing to restore funding for Indian school replacement."

As the Vice Chairman, Senator Barrasso (R-WY) provided his remarks emphasizing the current fiscal situation the federal government faces.

"This budget represents the Administration's policies with respect to funding for important programs for tribes and their members and addressing an unprecedented federal deficit. We need to examine and evaluate those policies very carefully. Due to proposed funding levels - do they reflect sound decisions in terms of the priorities and needs of Indian Country? - that's what we need. We need to know what the justifications are for funding certain programs more or less than others, and we need to see if the proposals reflect the need to use American tax dollars in the most effective, efficient, and accountable manner."

"In light of widely shared concerns about the federal deficit, all agencies are called upon to control spending," " continued Barrasso. "The agencies must also prioritize the use of funding as wisely as possible. Everything can't be a top priority when funding is insufficient to cover all the needs."

The Committee first heard from Administration officials: Kevin Washburn, Assistant Secretary Indian Affairs, U.S. Department of the Interior (DOI) who was accompanied by: Thomas D. Thompson, Deputy Assistant Secretary - Management, DOI, Monty Russell -Acting Director of Bureau of Indian Education, and Mike Black - Director, Bureau of Indian Affairs. Dr. Yvette Roubideaux, Director Indian Health Service, U.S. Department of Health and Human Services, followed Assistant Secretary Washburn.

Assistant Secretary opened his testimony to the Committee asking for its support for the President's budget saying, "It's not a perfect budget; I know that there are parts of it that have not been well received. But it is better than a flat budget, it is an increase request for meeting our trust responsibilities in Indian Country and we hope that we get that increase because we desperately need that increase."

"The budget request is roughly $2.6 billion for Indian Affairs at DOI and it's about a $30 million increase over the prior FY 2012 budget and frankly because of sequestration its about a $171 million dollar increase over the budget I'm currently living under. I have to tell you that sequestration, as the Chairwoman recognized, has been absolutely brutal. It's not only impacted tribes very directly through their contracts with the federal government it's devastated our ability to provide services to tribes," added Washburn detailing the areas where DOI has had to cut back on services - including cutbacks in travel, training, personnel, and other areas.

Assistant Secretary Washburn spoke to and answered questions regarding funding shortfalls or underfunding of school construction funding for BIE schools in serious disrepair.

Dr. Roubideaux detailed the specific funding levels of IHS in the FY 2014 budget request, the implementation of the Affordable Care Act (ACA), and the Indian Health Care Improvement Act (IHCIA) in her testimony. The committee put forward questions to Director Roubideaux regarding the underfunding of contract support costs.

The Committee also heard testimony from NCAI President Keel, along with Cathy Abramson, Chairperson, National Indian Health Board; John Sirois, Chairman - Business Council of the Confederated Tribes of the Colville Reservation; and Mr. Lloyd Miller, Legal Counsel, National Tribal Contract Support Cost Coalition.

In his opening remarks, NCAI President Jefferson Keel sent a clear message to the SCIA - "As Congress develops the FY 2014 budget, we call on you to make investments in programs that fund trust and treaty obligations, support tribal self-determination, and promote economic recovery in Indian Country."(

"We have compiled specific recommendations in our written testimony that addresses many programs in the federal budget," said Keel."I want to share with you the very dangerous threats to Indian self-determination, tribal economies, and well-being due to the reductions from the current sequester and if the FY 14 appropriations bills don't address some of those impacts. This Committee knows well, but I must reiterate the point, that the sequester reductions and other cuts to tribal programs undermine Indian treaty rights and obligations - treaties which were ratified under the Constitution and considered the "supreme law of the land."

Keel continued, "Tribes deliver all the range of services that other governments provide. Federal funds provide much-needed investments in tribal physical, human, and environmental capital. For many tribes, a majority of tribal governmental services is financed by federal sources. Tribes lack parity in tax authority to raise revenue to deliver services. If federal funding is reduced sharply for state and local governments, they may choose between increasing their own taxes and spending for basic services or allowing their services to take the financial hit. Half of state and local government revenue is from their own taxes, while a quarter is federal. On the other hand, up to 60 and 80 percent of the revenue for tribal governmental services comes from federal sources."

Another topic that gained much attention throughout was the issue of contract support costs. Senator Murkowski (R-AK) in her opening remarks focused on concerns regarding contract support costs.

"Madam Chair, I just want to state for the record today how very disappointed I am with the Administration's decision to alter the operation of Indian self-determination contracts. Indian tribes fought and won a huge victory in the supreme court's Ramah decision, and rather than delivering justice to tribes in the adequate payment of contract support costs for the operation of federal Indian programs, the Administration, in my view, has decided to forgo justice and hand the issue over to Congress to address in the appropriations process --a decision that dramatically alters the federal Indian self-determination statute without consultation of the tribes nor this authorizing committee," said Murkowski.

The Alaska Senator added, "Self-determined contracts are the core of our nation's federal trust relationship with Indian tribes. Through thousands of contracts with BIA and IHS, tribes operate the federal programs promised to Indians for the removal of their lands. This is a federal responsibility that exists in strong budget times and, most importantly, in difficult budget times as well."

Regarding the Administration's proposal to short fund contract support costs and proposed statutory amendment-by-appropriation, seeking to cut off all future contract rights, Lloyd Miller told the Committee, "This is an outrageous and unwarranted overreaction by the Administration to another loss in the courts. But it is not surprising. For years the agencies have kept their heads in the sand about their contract obligations to the tribes."

"They have acted as if these contracts were just another program to be balanced against other programs or activities the agencies felt were important to prioritize, including protecting and growing their internal bureaucracies," continued Miller. "They have treated these self-determination contracts as second-class contracts, and the Indian tribes as second-class contractors. They would never behave in this fashion if an IHS hospital were contracted out to Sisters of Providence, or a BIA detention center were contracted out to the Corrections Corporation of America. Yet they find it perfectly acceptable to do so when the contract is with an Indian tribe."

The witnesses also described the severe impact sequestration is having on their tribal communities. Sequestration, which took effect on March 1, 2013, required across-the-board cuts at federal agencies. Tribal programs are being reduced at the Department of the Interior by $120 million and at the Indian Health Service by $220 million.

John Sirois, Chairman of the Business Council of the Confederated Tribes of the Colville Reservation of Nespelem, Washington:"In the current budget climate, we believe that existing resources for economic development can be leveraged and maximized with more formal coordination between federal agencies," Sirois said. "Businesses are often hesitant to locate their operations on Indian lands because of the administrative burdens, both real and perceived, that accompany federal approval requirements applicable to many activities on Indian land."

Chairwoman Cantwell ended the hearing noting that, on the issue of contract support costs, "there are times I don't want to pay my Pepco bill. But that's not the luxury you get; you have to pay... So, it's the same -- it's a contract."

Indian Country Budget Week in Washington, DC "Uphold the Federal Trust Responsibility"

Expanded Native Financial Education Initiative beginning in April 2013, Financial Literacy Month

 In recognition of National Financial Literacy Month in April, the National Congress of American Indians (NCAI) is announcing the expansion of its Native Financial Education Initiative, including support of the Native Financial Education Coalition (NFEC) and targeting education activities with tribes across Indian Country. The announcement comes during Financial Literacy Month, established in 2004 to teach the general public practical financial skills and distribute useful financial tools. NCAI’s expanded financial education efforts are focused on strengthening financial education in Indian Country. 

“April is a time to bring a spotlight on the promising practices of tribes and Native organizations working to build financial capability in Native communities. We are learning through the partners of NFEC about exciting efforts in Indian Country. However, we all realize that more financial education must happen. Forty-two percent of our population is under the age of 25. More can always be done to help Native youth be financially successful. We encourage all of Indian Country to join these efforts as we celebrate National Financial Literacy Month this April,” said Sherry Salway Black Director of NCAI’s Partnership for Tribal Governance. “The NFEC efforts moving forward will help bring together Indian Country and share best practices for advancing our individual and institutional financial capabilities.”

The NFEC, originally started in 2000 through a Treasury Department initiative, is now being re-established initially as part of NCAI’s

Financial Education Initiative and with support and participation from partners. The NFEC is a working group of partners recognizing, expanding and enhancing the financial capability in Native communities. Partner organizations include tribes, tribal organizations, national, regional, local Native and non-Native organizations, financial institutions, federal agencies, and others interested in Native financial education.

During April, key activities of the Coalition will be to identify the many federal agency financial education activities, distribute a financial toolkit for tribal leaders, identify local events at the tribal and Native community level, identify best/promising practices, and engage tribal leaders. NFEC will provide updates throughout the month of April about local tribal centric events and trainings to foster community involvement.

NCAI’s Native Financial Education Initiative provides information for tribes and their citizens to enhance financial capabilities in Indian Country - including the work of the Native Financial Education Coalition, Financial Literacy Month (April), and NCAI's Protect Native Money Campaign and Tribal Exchange Stock Market Game. NCAI launched the “Protect Native Money” campaign in September 2012 following a number of large financial settlements in Indian Country to increase consumer financial protection in Indian Country.

More about NFEC and NCAI’s Native Financial Education initiative can be found at: 

http://www.ncai.org/initiatives/nativefinancial-ed

New Financial Education Tool Kit and Native Financial Education Coalition Effort

Concerning Cuts to Contract Support Costs and School Construction, Promising Signs of Commitment to the Trust Responsibility in Law Enforcement, Health, and Natural Resources

Washington, DC – The National Congress of American Indians (NCAI) has released an in-depth analysis of President Obama’s 2014 Budget Request. The organization is deeply concerned about proposed cuts that threaten recent progress in critical areas. The most concerning budget cuts include: unilateral reductions in contract support services – legally binding costs for services delivered by tribes in place of the federal government, education and school construction cuts, and reduced spending on low-income housing.

“We see signs of hope in the President’s proposal to replace the sequester and expand investments to enhance tribal law enforcement and strengthen the Indian Health Service but now is not time to slow the progress we have seen in Indian Country. The federal government must live up to its obligations in critical trust responsibility areas like contract support costs, education, and housing,” said Jefferson Keel, President of NCAI. “We’ve experienced decades of the federal government falling short, and while we understand the limitations of the federal government, the federal trust responsibility to tribal nations and our peoples, is not a line item.”

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