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NATIONAL COUNCIL OF AMERICAN INDIANS
Major Policy Resolution No. 5
NATURAL RESOURCES
Adopted October 21, 1976
WHEREAS, the National Congress of American Indians recognizes the
following immutable and undisputed principles:
1. Indian rights to their natural resources are private
rights for the exclusive use and benefit of Indians
and are not public rights to be controlled by the
unilateral action of the United States or any of its
officials;
2. Indian resource rights are inherent sovereign rights
deriving from aboriginal ownership of the entire
North American continent; these resource rights may
extend beyond reservation boundaries to ceded areas
or usual and accustomed places;
3. The United States has undertaken by treaty and by the
laws of its and preserve Indian resource rights;
4. Federal trust responsibility requires that the United
States and its officials respond to the will of the
Indian people in the full enjoyment, development and
use of their private natural resources;
NOW, THEREFORE BE IT RESOLVED that the National Congress of
American Indians strongly supports all necessary
affirmative policies and programs within the Federal
government for the following general purposes:
1. Protection of natural resources owned by Indians, by
fostering developing that Indians expressly desire
and by prohibiting development that Indian oppose.
2. Adequate funding for inventories of natural resources
owned by Indians, to the extent that the inventories
are desired by Indians involved.
3. Full protection and nondisclosure by the Federal
government of all information related to those lands,
including amendment of the Federal Freedom of
Information Act, if necessary.
4. Enactment of necessary law to require that before any
Federal agency takes any action that will in any way
affect Indians or their natural environmental
resources the involved agency notify the BIA and the
affected Indian tribes or Indians and obtain their
consent.
5. Immediate appropriation of adequate funds for highly
intensified management systems for Indian natural
resources, which systems and experts shall be under
the sole control of the Indian tribes.
6. Amendment of the National Environmental Policy Act to
make the Act inapplicable to Federal approvals of
actions taken by tribes or Indians on private Indian
trust lands.
7. Adequate financial and full technical support of
tribal governments in developing and enforcing tribal
laws and regulations governing and raising revenue
from the use and protection of Indian natural
resources. (Examples of such laws and regulations
would be tribal codes for water, land use,
environmental protection, mineral development,
reclamation, forest practices and taxation of
production.)
8. At a tribe's request, immediate cessation of plans
for irrigation projects that benefit primarily non-
Indians, and that use of water to which Indians have
a claim under the Winters Doctrine.
9. Immediate implementation of adequately funded
irrigation projects primarily to serve Indians.
10. Enact necessary legislation to exempt Indian water
rights from adjudication or administration through
state agencies or courts.
11. Immediate approval, if Federal or Tribal law requires
approval, of tribal water codes to regulate all
surface and ground water arising upon, bordering,
flowing through or otherwise occurring on or under
Indian reservations, or within the concept of "Indian
country" as defined by or recognized under Federal
statutes.
12. At a tribe's request, declaring a moratorium on all
major agricultural, industrial or other projects
using waters to which Indians have a claim under the
Winters Doctrine, and cancellation of existing con-
tracts relating to such projects until such time as
the Indian water rights have been specifically and
accurately measured by Indians and allocated to
Indian uses.
13. Immediate cessation of,all projects developing Indian
resources where the governing bodies of the Indian
tribe affected have formally opposed further
development, and where there is a violation of law.
14. Adequate funding for tribal land acquisition
programs.
15. Return to tribal ownership all lands taken by the
United States for various government projects that
are now or will become excess to the needs of those
projects.
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