CONSEJO INTERNACIONAL DE TRATADOS INDIOS

IITC 29^th Annual Treaty Conference

Sac and Fox Nation, Oklahoma

October 5, 2003

Resolution to Denounce the National Energy Bill

WHEREAS:

The United States Congress has convened an Energy Conference Committee to merge the differences within the Senate and House passed versions of the National Energy Bill to provide for a final comprehensive National Energy Policy. Within the National Energy Bill and the Indian Energy Title, there remains a focus on the depletion of non-renewable resources, the burning of fossil fuels, which leads to climate change, and promote nuclear energy, the waste from which will be stored on Indian lands at Skull Valley or Yucca Mountain and; 

WHEREAS:

The Indian Title of the Energy Bill promotes access to Indigenous Lands for corporate exploitation and the Energy Bill in general promotes “corporate welfare” for the multi-national corporations that obtain their wealth from the ultimate exploitation and degradation of our Indigenous lands and;

WHEREAS:

The Indian Title of the National Energy Bill specifically addresses energy development in Indian Country. The Indian Title as such is cloaked in sovereignty but in reality it is detrimental to Indigenous Peoples and Lands and;

WHEREAS:

Within the Indian Title there are several extremely dangerous provisions, which carry the promise of negatively impacting American Indian and Alaskan Native communities on a massive scale.  Most notable is the section pertaining to siting of energy facilities, including leases and rights-of-ways for oil and gas and other energy development that modifies the Energy Policy Act of 1992 and;

WHEREAS: 

The bill undermines federal environmental laws such as NEPA and NHPA for energy development projects, which occur on Indian lands. Existing law requires that the Department of the Interior approve all leases and agreements relating to energy development projects on Indian lands.  The purpose of this set procedure is to ensure that energy companies engaged in development projects yield to such crucial federal laws as the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA).  The Indian Energy Title would serve to uproot this time-honored system by problematically enabling Tribes to enter into resource agreements not withstanding prior federal environmental laws and;

WHEREAS: 

The Indian title poses a threat to tribal sovereignty of Alaskan Natives because it acknowledges Native Corporations over tribal governments.    The bill defines ANCSA Corporations as tribes.  The Indian Energy Title sets up a process of definitions, which could end up affording tribal status to ANCSA Regional Corporations for the purposes of energy development at the detriment of Alaskan tribes.  Alaskan tribes have always valued their ability to exercise full tribal authority in governing their respective communities.   As their role and function differs greatly from that of the ANCSA Regional Corporations, it is vital that the Indian Title acknowledge the importance of this distinction, which would make major changes for Alaska Native (ANCSA) Corporations for the purposes of the Energy Policy Act of 1992 and;  

WHEREAS: 

The Indian title defines ANCSA Corporation lands as Indian lands. – The term ‘Indian land’ means… (C) Land conveyed to a Native Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).”And;

WHEREAS: 

The Indian title defines ANCSA Corporation lands as Indian reservations. S. 14 Amends the Energy Policy Act of 1992.  “Section 2601. Definitions. (3). The term ‘Indian reservation’ includes… (D) A parcel of land owned by a Native Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).” and;

WHEREAS:

The Energy Bill explicitly includes a provision for oil development and extraction in the coastal plain of the Arctic National Wildlife Refuge, which is a direct threat to the health and well being of the Gwich’in Nation of Northeast Alaska and Northwest Canada.  The Gwich’in have the inherent right to continue their own way of life; and that this right is recognized and affirmed by civilized nations in the international covenants on human rights.  Article 1 of both the International Covenant of Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights read in part:

            “…In no case may a people be deprived of their own means of subsistence.”

NOW THEREFORE BE IT RESOLVED:

The IITC denounces all notions within the Energy Bill and the Indian Title that would further perpetuate abuses and violate the integrity of Indigenous lands, as well as designate Alaska Native Corporations as Sovereigns, and redesignate Alaskan Native corporation lands to be within the definition of Indian Lands or Reservation Lands. The IITC condemns the notion with the bill that undermines federal environmental laws such as NEPA and NHPA for energy development projects, which occur on Indian lands.

BE IT FURTHER RESOLVED:

The IITC has consistently supported the rights of the Gwich’in Nation and the ultimate demand that the United States Congress and President recognize the rights of the Gwich’in people to continue to live their way of life by prohibiting development in the calving and post-calving grounds of the Porcupine Caribou Herd, located within the coastal plain of the Arctic National Wildlife Refuge.

BE IT FINALLY RESOLVED:

The IITC denounces all notions in the overall Energy Bill that would designate our lands as National Energy Sacrifice Areas and we assert our demand for clean, renewable energy with a full phase out of fossil fuels and a just transition toward renewable energy. The IITC will work to promote the ultimate demise of the National Energy Bill if any of the above cited harmful provisions remain intact within the final draft of the Energy Bill for passage.

Passed unanimously this day of October 6th, 2003 by a quorum of the Board of Directors and affiliates of the International Indian Treaty Council present at the 29^th Annual International Indian Treaty Council conference hosted by the Sac and Fox Nation October 3-7^th, 2003.