The 59th annual conference of the National Congress of American Indians took place in San Diego, California this week, with delegates from across the country discussing issues such as trust reform, federal funding, sacred site and sovereignty protection, veterans and health care. Many tribal leaders expressed concern about whether or not their needs and priorities will be addressed under Republican rule. Though many issues were up for debate and resolution, there was unanimous agreement that American Indians need to stand together to oppose the U.S. Supreme Court’s continued erosion of their rights as indigenous peoples. The theme of the five-day conference was “United for Sovereignty: Our Destiny - Our Right”.
Founded in 1944, the National Congress of American Indians is led by President Tex Hall and represents over 250 tribal governments. The organization is based in Washington, D.C., and serves to aid tribes in dealing with Congress and other branches of the federal government. The conference attendance ranged in the thousands and took place over six days, during which more than 150 resolutions were expected to be passed or debated. For both urban and reservation tribal governments, the resolutions will be used to advocate their positions before state and federal legislatures and other bodies that make decisions concerning Native American issues. The resolutions passed will direct the priorities and course of the NCAI for the next year.
In his keynote address, Deron Marquez, chairman of the San Manuel Band of Mission Indians, urged tribal members everywhere to work together on issues that affect all, despite their differences. “We are our own separate nations, yet we are all still connected by that notion of sovereignty. We must invest and commit ourselves to each other if we're going to save ourselves, be part of one team,” he said. Two Supreme Court cases in 2001 (Atkinson Trading Company v. Shirley and Nevada v. Hicks) that resulted in overturning decisions made by tribal governments sparked the prevailing sentiment that protection for all tribes from rulings that could endanger their right to sovereignty is an urgent priority.
Officials at the National Congress of American Indians agreed that this effort in tribal coordination on a nationwide scale comes at an opportune time. Many tribes are establishing more businesses than ever before and gaining political power in the United States, which could be tremendously important in aiding their broader causes. One example is the situation of a significant number of tribes from inland Southern California, who have been at odds with the state over sacred sites and tribal law enforcement, underscoring concerns over just how much say tribal governments are allowed in policy matters. The Pechanga Band of Mission Indians and other nearby tribes were hoping to acquire a greater say in the development of sacred lands through the bill that Governor Gray Davis recently vetoed; now alternate routes to achieving this are being considered.
Of even greater concern were issues concerning the Department of the Interior, which handles – or mishandles, depending on your perspective – the federal trust responsibility to the tribes. The Department is currently hoping to revise a Title that explains many American Indian laws, causing worry among tribes that state laws will be undermined. Title 25 of the Code of Federal Regulations is outdated and sorely needs dramatic revision, according to the department. “Federal statutes form the basis of preempting of state law in Indian reservations,” said John Dossett, an NCAI attorney. “We don't know the effect it would have to repeal some of these like the Indian Trader Act ... If you repeal all of those it creates a lot of uncertainty.” Delegates expressed concern over the department’s handling of Native landowner trust funds: the department is being sued by account-holders adamantly opposing the proposal to eliminate many individual accounts and settle for payment and closure instead.
On the central issue of self-determination, several solutions have been drafted and presented at the conference to improve tribes’ situation. Draft legislation for the Tribal Sovereignty Protection Initiative was distributed at the conference November 11, and tribal leaders hope this will encourage state and federal courts to promote rulings that respect and uphold American Indian rights. Another project to address issues concerning interaction with the courts has been in process for at least a year. President of the Morning Star Institute (a Native rights advocacy group) Suzan Shown Harjo urged a cultural affairs subcommittee to support and strengthen legislation protecting sacred lands. This would hopefully prevent further desecration of tribal sites nationwide and reform previously ineffective legislation.
