NATIONAL CONGRESS OF AMERICAN INDIANS
Resolutions Committee Recommendation
Resolution #: PHX-16-006
Title: Calling on Congress to Provide Tribal Court Funding for Tribal Nations in Pub. L.
280 States
Comments:
This resolution calls on Congress to appropriate $16.9 million specifically for tribal courts in PL 280
jurisdictions based on a BIA estimate that it would require $16.9M for those tribal courts to be funded
at an equitable level as tribal courts in other states. That same BIA report, however, acknowledged
that tribal courts in non-PL 280 jurisdictions are funded at an abysmal 6% of need. BIA estimates that
full funding for tribal courts would cost over $860 million, and acknowledges that providing $16.9M
to PL 280 tribes would not be viewed “as robust or perhaps even adequate.”
Recognizing the need for parity and for significant funding increases overall, last year NCAI asked
Congress to allocate $82 million in additional funding to the Bureau of Indian Affairs to increase base
funding for tribal courts, including courts in PL 280 jurisdictions, and to incrementally move towards
fully meeting the need for tribal court funding. NCAI’s request last year did not ask for a separate
appropriation for tribal courts in PL 280 jurisdictions as this resolution recommends, but rather
recommended increasing tribal court appropriations overall and ended the disparity in funding based
on the applicability of PL 280.
Recommendations:
This resolution could either be made more general to focus on the need for equitable funding for
tribal courts in PL 280 jurisdictions (see redline). The Committee should discuss the question whether
tribal court funding should be segregated into separate funding streams based on the applicability of
PL 280. This matter should also be sent to the NCAI Budget Taskforce to be included in NCAI’s
annual appropriations advocacy positions.
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NATIONAL CONGRESS OF AMERICAN INDIANS
The National Congress of American Indians
Resolution #PHX-16-006
Suggested Edits
EXEC UT I VE CO M M IT T EE
P RES IDE NT
Brian Cladoosby
Swinomish Tribe
F IRS T V ICE -PRES IDE NT
Fawn Sharp
Quinault Indian Nation
R E CORDING S E CRE TARY
Aaron Payment
Sault Ste. Marie Tribe of Chippewa
Indians of Michigan
T REA SURE R
W. Ron Allen
Jamestown S’Klallam Tribe
REG IO NA L VIC EPRE SID ENT S
TITLE: Calling on Congress to Provide Tribal Court Funding for Tribal
Nations in Pub. L. 280 States
WHEREAS, we, the members of the National Congress of American Indians
of the United States, invoking the divine blessing of the Creator upon our efforts and
purposes, in order to preserve for ourselves and our descendants the inherent sovereign
rights of our Indian nations, rights secured under Indian treaties and agreements with
the United States, and all other rights and benefits to which we are entitled under the
laws and Constitution of the United States, to enlighten the public toward a better
understanding of the Indian people, to preserve Indian cultural values, and otherwise
promote the health, safety and welfare of the Indian people, do hereby establish and
submit the following resolution; and
ALASKA
Jerry Isaac
Native Village of Tanacross
E A STE RN O K LAHOMA
Joe Byrd
Cherokee Nation
WHEREAS, the National Congress of American Indians (NCAI) was
established in 1944 and is the oldest and largest national organization of American
Indian and Alaska Native tribal governments; and
G REA T PLA INS
Leander McDonald
Spirit Lake Nation
M IDW E ST
Roger Rader
Pokagon Band of Potawatomi
N ORTHEA S T
Lance Gumbs
Shinnecock Indian Nation
N ORTHW ES T
Mel Sheldon, Jr.
Tulalip Tribes
P A CIFIC
Jack Potter, Jr.
Redding Rancheria
R OCKY MOUNTAIN
Darrin Old Coyote
Crow Nation
S OUTHEA S T
Larry Townsend
Lumbee Tribe
S OUTHERN P LA INS
Liana Onnen
Prairie Band of Potawatomi Nation
S OUTHW ES T
Joe Garcia
Ohkay Owingeh Pueblo
W E STE RN
Bruce Ignacio
Ute Indian Tribe
EXECUTIVE D IRECTOR
Jacqueline Pata
Tlingit
NCAI HEADQUARTER S
1516 P Street, N.W.
Washington, DC 20005
202.466.7767
202.466.7797 fax
www .nc ai.or g
WHEREAS, tribal nations rely on tribal courts in the exercise of their inherent
tribal sovereignty; and
WHEREAS, tribal courts allow tribal nations to address civil matters and
public safety concerns in a way that is more responsive, culturally appropriate, and
attuned to local concerns than a state court system; and
WHEREAS, tribal courts provide a front line defense to protect Native
children while keeping Native families together through the application of the Indian
Child Welfare Act; and
WHEREAS, the Bureau of Indian Affairs provides funding to tribal courts
located in non-Pub. L. 280 states but the Bureau of Indian Affairs generally chooses
not to provide funding to tribal courts located in Pub. L. 280 states; and
WHEREAS, the Bureau of Indian Affairs cites a lack ofinsufficient funding
for as its reason forin deciding not to allocate resources to tribal courts in Pub. L. 280
states; and
WHEREAS, this leaves tribal courts in Pub. L. 280 states with little to no
funding to perform their essential functions; and
WHEREAS, Congress has shown a deep concern regarding the lack of
resources available to tribal courts in Pub. L. 280 states; and
NCAI 2016 Annual
Resolution PHX-16-006
WHEREAS, pursuant to the Consolidated and Further Continuing Appropriations Act of
2015 Congress directed the Bureau of Indian Affairs in coordination with the Department of Justice
to prepare a report on the budgetary needs of tribal courts located in Pub. L. 280 states, see 160
Cong. Rec. H9764-5 (Dec. 11, 2014); and
WHEREAS, the report concluded that “the budgetary cost estimate [for the BIA to fund]
tribal courts in P.L. 280 states at a level consistent with BIA-funded Tribal Court programs in nonP.L. 280 states is $16.9 million;” and
WHEREAS, the report further concluded that that full funding for tribal courts would cost over
$860 million, and acknowledged that providing $16.9 million to PL 280 tribes ion order to achieve parity
with other tribes would still meet only 6% of the funding need and would not be viewed “as robust or
perhaps even adequate;” and
WHEREAS, appropriation of this $16.9 million would provide a crucial lifeline to tribal
courts in Pub. L. 280 states that are currently operating without federal funds; and
WHEREAS, the appropriation of this $16.9 millionincreased funding for tribal courts in PL
280 jurisdictions would ensure that tribal courts in Pub. L. 280 states would receive federal funding
while not impacting tribal court funding to tribal courts located in non-Pub. L. 280 states.; and
NOW THEREFORE BE IT RESOLVED that the National Congress of American Indians
calls on Congress to appropriatee $16.9 million funds for tribal court funding in Pub. L. 280 states;
and
THEREFORE BE IT FURTHER RESOLVED that Congress should explicitly state that
this funding be directed to tribal courts in Pub. L. 280 states; and
BE IT FINALLY RESOLVED that tribal nations in Pub. L. 280 states should be able to
access the entirety of this funding through the Indian Self-Determination and Education Assistance
Act to use in a manner that tribal nations decide best suits the needs of their tribal courts.
CERTIFICATION
The foregoing resolution was adopted by the General Assembly at the 2016 Midyear Session of the
National Congress of American Indians, held at the Spokane Convention Center, June 27 to June
30, 2016, with a quorum present.
Brian Cladoosby, President
ATTEST:
Aaron Payment, Recording Secretary
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