The National Congress of American Indians Resolution #ECWS-23-005 TITLE: Offshore Wind Moratorium

Gunnar Larson g at
Sun Feb 26 04:40:45 PST 2023

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
resolution; and
WHEREAS, the National Congress of American Indians (NCAI) was
established in 1944 and is the oldest and largest national organization of
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
Bryan Newland’s statement before the General Assembly of NCAI on February
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
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
stated goal of respecting and including Indigenous Traditional Ecological
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
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.
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
Stephen Roe Lewis, Recording Secretary
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