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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. 4 FEDERAL ADMINISTRATION & STRUCTURE OF INDIAN AFFAIRS Adopted with 1 objection & 1 abstention, Oct. 21, 1976 NCAI 33rd Annual Convention, Salt Lake City WHEREAS, there exists a conflict of interest in the administration of Indian Affairs within the United States Government which prohibits the various administrative agencies charged with carrying out the Federal trust responsibility due Indian tribes from acting as a true trustee charged with the highest degree of fiduciary responsibility; and WHEREAS, the number of agencies involved with Indian Affairs through set-aside programs or special initiatives has increased sharply, making inter-agency coordination among departments and agencies of equal rank a necessity because of traditional bureaucratic sensitivity to agency jurisdictional issues with all its implications for budget, size of programs and relative rank and stature; and WHEREAS, tribal governments have not been institutionalized within the framework of the Federal Government structure on a consistent basis within existing laws, statutes, policies and administrative mechanisms, thereby inhibiting the Executive branch of the Federal government from recognizing Indian tribes as equals of state governments, having all the commensurate sovereign powers and authority; and WHEREAS, the American Indian Policy Review Commission was mandated by the Congress of the United States to perform a management study of the Bureau of Indian Affairs, and this study has been completed and reviewed by the Major Policy Resolutions Committee of the 1976 NCAI National Convention; and WHEREAS, the Major Policy Resolutions Committee found that the study sufficiently highlights the problems of present Bureau of Indian Affairs organizational structure, policy, budget, personnel and management information systems, but the Executive summary and recommendations of the study do not, however, offer adequate and consistent solutions for the problems identified; and WHEREAS, the Temporary Select Committee to Study the Senate Committee System is moving rapidly to realign committee jurisdictional authority, which will have broad policy implications for Indian people and tribal governing bodies, and has not provided sufficient information nor an opportunity for an Indian tribe to present its views; NOW, THEREFORE, BE IT RESOLVED that the National Congress of American Indians at their 1976 Annual Convention discussed the inherent conflict of interest of the administration of Indian affairs and have concluded that the independent agency solution of the conflict of interest recommended by the American Indian Policy Review Commission Task Force on Federal Administration and Structure of Indian Affairs does not sufficiently delineate nor adequately explain the implications of an independent agency and therefore recommend that the executive staff of the NCAI cause a study to be made of four alternative solutions to the conflict of interest: 1. Improve the efficiency of the BIA within the Department of the Interior, but give it authority to present its views to the Congress, the courts, and Federal or state agency or anyone else as trustee, even in conflict with the views of the Secretary of the Interior or other Federal agencies. 2. Remove the BIA from the Department of the Interior to a separate independent agency providing all of the services currently being provided by the BIA. 3. Remove the BIA from the Department of the Interior to a separate independent agency to provide all the functional services of the Federal domestic assistance programs necessary and desired by Indians and Indian tribes. 4. To recommend the creation of a Secretary for Indian Affairs with Cabinet rank to be appointed by the Indian tribes. BE IT FURTHER RESOLVED that the findings of this study be presented to the Indian tribes and, upon full consultation, consideration and consent of the tribes, a recommendation be submitted to the American Indian Policy Review Commission or the Congress for their consideration; and BE IT FURTHER RESOLVED that the study shall include considerations of the trust counsel authority concept and the new Indian agency be vested with the full authority to present its views to Congress, the courts, any Federal or state agency or anyone else; and BE IT FURTHER RESOLVED that an Indian Affairs Unit be established within the Domestic Council to effectuate nonconflicting interagency and inter-governmental coordination in implementing Federal government policy to insure comprehensive response to the totality of tribal needs. This unit, representing senior membership of all Federal agencies either now delivering or under Federal law mandated to deliver goods and services to Indian people shall advocate tribal interests in providing the following: 1. Policy initiatives of an intergovernmental nature, which shall be representative of the real, not perceived, needs of Indian people. 2. Program recommendations which shall be responsive to previously Indian needs and coordinated with both the Indian users and the Federal agencies to facilitate effectiveness. 3. The assignment to the reservation of at least one senior intergovernmental officer approved by the tribal government, selected from any agency, but assigned to the Indian Affairs Unit of the Domestic Council to provide the following: a. Matching of Federal initiatives to tribal needs and making program recommendations as to service gaps. b. Coordination of Federal legal assistance for treaty, trust, jurisdiction, litigation and other Federally obligated legal assistance to Indian people. c. Monitoring Federal programs to insure Indian eligibility and assistance in the intergovernmental preparation of appropriate grant applications. d. Assist in preparing for an conducting of Federal program reviews, audits, investigations, etc. e. Arranging for competent technical assistance so as to promote generalized tribal planning and management capacity-building with the primary focus on tribal government enhancement. f. Responsiveness to tribal governments in all interactions with the Federal government so as to operationally effectuate the spirit of the partnership of government as expressed in Public Law 93-638 self-determination intent. BE IT FURTHER RESOLVED that all Federal domestic assistance program statutes, administrative regulations and eligibility requirements be amended to recognize tribal governments and tribally-chartered organizations in the same manner as states for direct access to Federal domestic assistance programs; and BE IT FURTHER RESOLVED that the American Indian Policy Review Commission take appropriate action through the United States Congress and Executive branch to insure that the problems identified in the BIA management Study are corrected in consultation with, and consideration and with the consent of tribal governments, and that the corrections be made with paramount consideration of the needs of tribal governments. BE IT FURTHER RESOLVED that the Temporary Select Committee to Study the Senate Committee System be informed that it is the wish of Indian people that a full Committee on Indian Affairs be established, having full Senate responsibility over all matters involving Indians and Indian country. BE IT FINALLY RESOLVED that the Executive Director and President of NCAI should immediately notify the Temporary Select Committee of the Indian desires for a full Committee on Indian Affairs, and if such committee is not established by the Senate, the Executive Director and the President of NCAI request the Senate to defer any proposed changes in committee jurisdiction over Indian affairs until the Executive Council of NCAI shall have had the opportunity to meet and consider the proposed changes in committee jurisdiction and make appropriate recommendations to the Senate concerning such committee jurisdiction. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- 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