Alaska Inter-Tribal Council : Advocating for Alaska Tribal Governments

Resolution 2007-12-02

TITLE: A Resolution to Oppose NPDES Primacy until the State
Demonstrates Tribal Consultation.

WHEREAS, the Alaska Inter-Tribal Council is a statewide consortium of federally recognized tribes in Alaska, which share a common bond with unique cultures, languages, spirituality, and traditional values; and

WHEREAS, the Alaska Inter-Tribal Council (AI-TC) was established in 1992 and is charged to advocate for, protect, defend, and enhance the inherent rights of tribes in Alaska; and

WHEREAS, the State of Alaska has applied for primacy of the National Pollution Discharge Elimination System (NPDES) under the Federal Water Pollution Control Act (Clean Water Act); and

WHEREAS, the Environmental Protection Agency does not allow the tribes in Alaska similar treatment in a manner such as a state to administer the National Pollution Discharge Elimination System, thereby presenting the Tribes self-protection of their traditional subsistence resources; and

WHEREAS, protection of the subsistence water and resources of the indigenous people is a statutory and trust obligation that is non-delegable under the following:

1. Federal Indian Policy contained in Presidential Executive Orders: 13175 Government to Government Relations, 12898 on Environmental Justice, 12875 Enhancing the Inter-governmental Partnership, 12866 Regulatory Planning and Reviewing.

2. State of Alaska Deficiencies in Primacy Eligibility Requirements: The state is required under 40 CFR 123 and 135 to implement the Clean Water Act under the same trust obligations and tribal consultation as the Federal Government.

3. Federal Trust Obligations cannot be terminated by delegation to the State of Alaska that does not recognize the tribal trust: Indian Tribal Justice Act, Chapter of the United Nations, International Covenant of Civil and Political Rights (protecting tribal subsistence).

NOW, THEREFORE, BE IT RESOLVED that AI-TC does hereby call the attention of the Federal Government that transfer of NPDES primacy to the State of Alaska is an act of cultural destruction in violation of federal statutory, and trust obligation, until the State of Alaska has demonstrated a record of Tribal Government to Government Relations.

BE IT FURTHER RESOLVED, that this resolution shall be the policy of AI-TC.

CERTIFICATION

The foregoing resolution was adopted at the 2007 Annual Convention of the Alaska Inter-Tribal Council, held at the Millennium Alaskan Hotel, in Anchorage, Alaska on December 4, 2007 with a quorum present.