The National Congress of American Indians

Resolution #ECWS-23-005

TITLE: Offshore Wind Moratorium

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 and the United Nations Declaration on the 

Rights of Indigenous Peoples, 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

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

WHEREAS, the government has a legal obligation to consult with Tribal 

Nations on any activities that may affect their lands or resources; and

WHEREAS, the Biden administration encourages through the January 26,

2021 Memorandum, “Tribal Consultation and Strengthening Nation-to-Nation 

Relationships” to improve tribal engagements; and

WHEREAS, the Biden administration in the November 30, 2022 

Memorandum requires “Uniform Standards for Tribal Consultation”; and

WHEREAS, the Biden Administration has embraced the need to expand tribal 

consultation to incorporate the essential importance of tribal co-stewardship and co-

managment of traditional tribal lands and waters as recently as Assistant Secretary 

Bryan Newland’s statement before the General Assembly of NCAI on February 22,

2023; and

WHEREAS, President Biden issued a Memorandum on December 1, 2022, 

titled, “Implementation of Guidance for Federal Departments and Agencies on 

Indigenous Knowledge,” requires federal agencies to integrate Indigenous Knowledge 

as a line of evidence in federal decision-making; and

WHEREAS, incorporating tribal Indigenous Traditional Ecological 

Knowledge, through co-management of traditional lands and the associated life forms 

is critical to protecting tribal environment and is essential to Biden Administrations’ 

stated goal of respecting and including Indigenous Traditional Ecological Knowledge 

in decision making; and

WHEREAS, these policies must apply to energy development projects that may impact their

traditional territories, cultural resources, or sacred sites; and

WHEREAS, Tribal Nations must be included in the management, permitting and

development of power purchase agreements and both consulted and included in determining the terms

and conditions of the agreements; and

WHEREAS, this includes negotiating fair compensation for the use of their lands and

resources, inclusion in any revenues associated with such development of their traditional resources

as well as ensuring that the development does not harm their environment or cultural heritage.

NOW THEREFORE BE IT RESOLVED, NCAI resolves to support shared tribal

jurisdictional authority over and tribal management of offshore renewable energy activities, aimed at

empowering Native communities through socio-economic benefits such as job opportunities, revenue

sharing, and support for tribal energy development projects; and

BE IT FURTHER RESOLVED, that NCAI strongly urges the Department of the Interior

and the Bureau of Ocean Energy Management to halt all scoping and permitting for offshore wind

projects until completion of a comprehensive and transparent procedure adequately protecting tribal

environmental and sovereign interests is developed and implemented; and

BE IT FINALLY RESOLVED, that this resolution shall be the policy of NCAI until it is

withdrawn or modified by subsequent resolution.

CERTIFICATION

The foregoing resolution was adopted by the General Assembly at the 2023 Executive Council Winter

Session of the National Congress of American Indians, held February 20-23, 2023, in Washington,

D.C., with a quorum present.

Fawn Sharp, President

ATTEST:

_________________________________

Stephen Roe Lewis, Recording Secretary