Great Plains Tribal Chairman's Association
Resolution No. 06-07- 09-07 RESOLUTION OF THE GREAT PLAINS TRIBAL CHAIRMAN’S ASSOCIATION

Re: Requesting Congress Amend Section 127 of the Adam Walsh Act

 

WHEREAS, the Great Plains (formerly Aberdeen Area) Tribal Chairman’s Association (GPTCA) is composed of the elected Chairs and Presidents of the sovereign Indian Tribes and Nations recognized by Treaties with the United States that are within the Great Plains Region of the Bureau of Indian Affairs; and

 

WHEREAS, the Great Plains Tribal Chairman’s Association was formed to promote the common interests of the Sovereign Tribes and Nations and their members of the Great Plains Region; and

 

WHEREAS, the United States has obligated itself both through Treaties entered into with the Sovereign Tribes and Nations of the Great Plains Region and through its own federal statutes, the Snyder Act of 1921 as amended, the Indian Self-Determination Act of 1976 as amended, and the Indian Health Care Improvement Act of 1976 as amended; and

 

WHEREAS, the Sovereign Tribes and Nation of the GPTCA place the highest regard on the protection of Tribal Members and especially Women and Children and are committed to fulfilling their responsibility to protect and promote public safety on Tribal Lands , and

 

WHEREAS, according to Department of Justice Statistics, 1 in 3 Native Women will be sexually assaulted in her lifetime with more than 86% percent of rapes against Native American Women  carried out by non-native men, most of them white, and

 

WHEREAS, Native Women have little access to clinics, rape kits or medical treatment and their offenders often go unpunished because of the jurisdictional maze of federal laws and indifference, and

 

WHEREAS, On July 27, 2006, Congress passed the Adam Walsh Act, which created a National Sex Offender Registry and Notification System, and

 

WHEREAS, Section 127 of the ACT addresses Indian Tribes and was included without any hearings, consultation or consideration of the views of Tribal Governments, Tribal Culture and current Tribal Laws and practices, and

 

WHEREAS, Section 127 forces Tribal Governments to affirmatively elect to comply with the mandates of the Act by July 27, 2007 without consideration of the views of Tribal Governments and current Tribal Laws, Culture, Jurisdiction and practices, or “the state in which the Tribe is located will be given jurisdiction to enforce the Act and would then have the right to enter Tribal Lands to carry out and enforce the  Requirements of the Act,” and

 

WHEREAS, the Act requires Tribes who elect to comply with the Act, to maintain a sex offender registry that includes a physical description, current photograph, criminal history, fingerprints, palm prints, and a DNA sample of the sex offender, and

 

WHEREAS, Congress has failed to appropriate any money (Unfunded Mandate) to develop the National Tribal Sex Offender Registry, nor to assist Tribes in developing the systems necessary to comply with the mandates of the Act with a July 27, 2007 deadline, and

 

WHEREAS, Tribal Governments would be forced to relinquish jurisdiction to the states allowing States access to Tribal Territory and Jurisdiction under the Act, and

 

WHEREAS, the provision in the Adam Walsh Act Sec. 127 “A” “2” that gives state enforcement authority essentially delegates federal law enforcement authority on many reservations where no such delegation has occurred for any other area of law and states are not currently exercising criminal jurisdiction, and

 

WHEREAS, requiring Tribes to take affirmative action to avoid an expansion of state jurisdiction on Tribal Lands represents an unprecedented diminishment of Tribal Sovereignty and will likely result in an expansion of state jurisdiction that will unnecessarily complicate the already confusing system of criminal jurisdiction on Tribal lands and diminish cooperation between states and Tribes on law Enforcements, and

 

WHEREAS, the existing system of criminal jurisdiction on Tribal Lands is sufficient to fully enforce the registration requirements of the Adam Walsh Act without the provision delegating federal enforcement authority to the state in places where states do not currently have this authority, and

 

NOW, THEREFORE BE IT RESOLVED; that the Great Plains Tribal Chairman’s Association hereby calls upon the Congress to amend the Adam Walsh Act to remove the existing offensive Tribal Provisions particularly Sec. 127 “A” “2” and engage in a process of consultation as required by law, (YST v Kempthorne) with Tribal Governments to determine how best to include Tribal Nations in the National sex offender registry, and

 

NOW, THEREFORE BE IT FURTHER RESOLVED; that the Great Plains Tribal Chairman’s Association calls upon Congress to strike the portion of the Adam Walsh Act that delegates federal enforcement authority under the statute to the states, Sec. 127 “A” “2” and

 

NOW, THEREFORE BE IT FURTHER RESOLVED, the Great Plains Tribal Chairman’s Association calls upon Congress to appropriate sufficient funds for Tribes to develop registration systems that will comply with the mandates of the Adam Walsh Act and for the development of the National Tribal Sex Offender Registry, and calls upon the Department of Justice to work with and consult with the Tribes for registration numbers implementation of the Registry, and

 

NOW, BE IT FINALLY RESOLVED; the Great Plains Tribal Chairman’s Association call upon other Tribes and Indian Nations to join with us in all efforts to provide for the safety and protection of Tribal Members and to maintain Tribal Jurisdiction on Tribal lands

 

Resolution No. 06-07- 09-07

 

RESOLUTION OF THE

GREAT PLAINS TRIBAL CHAIRMAN’S ASSOCIATION

 

Re:  Requesting Congress Amend Section 127 of the Adam Walsh Act

 

CERTIFICATION

 

This resolution was enacted at a duly called meeting of the Great Plains Tribal Chairman’s Association held at Wakpa Sica, Ft. Pierre, SD on July 9-10, 2007, at which a quorum was present, with 11 members voting in favor, 0  members opposed, 0 members not abstaining, and 5  members not present.

 

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