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Box 2574 :: :: Olympia, Wa Fido Net 1:352/333 :: :: 98507-2574 206-786-9629 :: :: USA The Quarto Mundista BBS :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: NATIONAL CONGRESS OF AMERICAN INDIANS Major Policy Resolution No. 3 JURISDICTION Adopted without objection October 20, 1976 NCAI 33rd Annual Convention, Salt Lake City PREAMBLE From time immemorial American Indian governments existed within the now exterior boundaries of the United States of America. After the coming of the non-Indian to these shores, non- Indian governments were established in conflict with the traditional American Indian governments. Jurisdictional disputes have continuously existed as a result of competing governmental claims to the right and duty of such governments to regulate the people within the territories of such governments. Conflicting claims must be resolved consistent with the perpetual existence of American Indian government. WHEREAS, American Indian nations, tribes, bands and communities possess all inherent powers of total sovereignty and the right to self-government; and WHEREAS, in the process of negotiations forced upon American Indian tribes by the Federal government, Indian tribes retained governmental powers not specifically surrendered over its members, property and lands; and WHEREAS, those retained powers include jurisdiction over all persons, property, lands, environment and activities within the original established exterior boundaries of reservations, and within the boundaries of other trust and restricted lands held by or for the tribe; and WHEREAS, these powers also include jurisdiction over traditional activities wheresoever located that are necessary to insure the survival of Indian people and culture, including but not limited to hunting, fishing and gathering rights; and WHEREAS, these powers also include exclusive jurisdiction to provide no less than a sufficient quantity and quality of water as a tribal resource to insure the survival and growth of Indian people and culture; and WHEREAS, various Congressional enactments have impinged upon the exercise of tribal jurisdiction powers and have created ambiguities in jurisdiction, and these impingements and ambiguities have duly burdened tribal governments in their exercising the full scope of their jurisdiction; and WHEREAS, states use their superiority of resources to exhaust tribal resources in jurisdiction struggles and intimidate legitimate tribal assertions of jurisdiction; and WHEREAS, Congressional appropriations for tribal programs are often significantly reduced by expenses incurred within the Federal bureaucracy, and programs are often hampered by exercise of federal control of programs; and WHEREAS, the laws and actions of the State of Oklahoma and the United States government concerning the jurisdictional status of the American Indian tribes of Oklahoma have created great confusion for Indian and non-Indian governments; and WHEREAS, the laws and actions of the various states and the United States government concerning the jurisdictional powers and status of non-reservation and landless tribes are vague and confusing; NOW, THEREFORE, BE IT RESOLVED THAT: 1. Appropriate Congressional legislation must be enacted to provide for retrocession for those tribes affected by similar statutes at the option of the tribes. 2. Indian country must be excluded from the application of the Assimilative Crimes Act. 3. Appropriate Congressional legislation must be enacted to provide for tribal assumption by the enactment of appropriate ordinances providing for penalties commensurate with the offense committed, including any offenses enumerated under the Major Crimes Act. 4. Congress must appropriate adequate funds based upon tribal assessment of its needs to insure the development and continued existence of tribal law enforcement and court systems. 5. Congress must enact legislation requiring that before a Federal agency can take or continue major action affecting tribal jurisdiction the agency shall file with the affected tribes an Indian impact statement setting out all the effects of the action or proposed action on the jurisdiction and relationship with other governments. 6. Congress must enact legislation and appropriate sufficient funds that tribal governments may enjoy independent counsel for the negotiation and litigation of jurisdiction issues where a conflict of interest exists within the Federal government and/or when state governmental entities are involved. 7. Congress must enact legislation precluding indirect state taxes on tribal and individual property, including but not limited to lease-hold interest tax, severance tax, extraction tax, etc. 8. Any additional Federal laws concerning jurisdiction in Indian country must serve to enhance tribal government consistent with historic and legal concepts of Indian sovereignty. 9. Congress must specifically include tribal governments within the Full Faith and Credit provisions of 28 USC Section 1738. 10. Because many of the disputes between tribes and local non-Indian governments are the result of ignorance concerning tribal jurisdiction, Congress must require that those educational institutions receiving Federal funds institute comprehensive programs to educate Americans in the nature, scope and history of tribal governmental powers in the United States. 11. Congress must enact legislation providing for direct funding to tribes and for tribal control of tribal programs. 12. Congress must enact legislation specifically recognizing or restoring the established exterior boundaries of the American Indian tribes of Oklahoma consistent with the direction of the tribes affected. 13. Congress must enact legislation consistent with the jurisdiction integrity and perpetual existence of non- reservation and landless tribal governments. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- To have a current Center For World Indigenous Studies Publication Catalogue sent to you via e-mail, send a request to jburrows@halcyon.com Center For World Indigenous Studies P.O. Box 2574 Olympia, WA U.S.A. 98507-2574 Fax: 206-956-1087 BBS: 206-786-9629