Nat. Congress of Amer. Indians Major Policy Resolution #4 - Federal Administration & Structure of Indian Affairs 10/21/76
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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.
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