Great Plains Tribal Chairman's Association
Resolution No. 3-12-19-14 RESOLUTION OF THE GREAT PLAINS TRIBAL CHAIRMAN’S ASSOCIATION

A RESOLUTION OF THE GREAT PLAINS TRIBAL CHAIRMAN’S ASSOCIATION OFFICIALLY SUPPORTING THE LEGAL EFFORT BY SEVERAL OF THE TRIBES AND TRIBAL SCHOOLS IN NORTH AND SOUTH DAKOTA TO ENFORCE THE SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGMENT REACHED IN CIV NO. 06-4091 KES, AND TO FILE ANY AND ALL AMICUS CURAE BRIEFS, IF NECESSARY, TO SUPPORT THE SAID ENFORCEMENT ACTION AND ASSOCIATED LAWSUITS IN THE ABOVE-REFERENCED MATTER AGAINST THE UNITED STATES DEPARTMENT OF INTERIOR, THE BUREAU OF INDIAN EDUCATION AND ANY OTHER FEDERAL ENTITY

 

WHEREAS, the Great Plains Tribal Chairman’s Association (hereafter GPTCA) is composed of the elected Chairs and Presidents of the federally recognized sovereign Indian Tribes and Nations within the Great Plains Region of the Bureau of Indian Affairs; and

 

WHEREAS, the Great Plains Tribal Chairman’s Association is formed to promote the common interest of the Sovereign Tribes and Nations who are members of the GPTCA; and

 

WHEREAS, the United States has obligated itself to ensure the well-being of sovereign Tribes and Nations of the Great Plains Region both through Treaties and federal statutes, including the Snyder Act of 1921 ad amended, the Indian Self-Determination Act of 1976 as amended, and the Indian Health Care Improvement Act of 1976 as amended, and

 

WHEREAS, the GPTCA recognizes its responsibility to act to advance the goals of the Tribes and their members and to promote improvements to the health, safety welfare, education, economic development and preservation of the spiritual, cultural, and natural resources of its member Tribes and Nations; and

 

WHEREAS, several tribal government members of the Great Plains Tribal Chairmen’s Association (hereinafter “GPTCA”) in North and South Dakota were original plaintiffs in the matter of YST, et al. V. Kempthorne, et al., CIV No. 06-4091 KES, which resulted in a Settlement Agreement and Stipulated Final Judgment signed by the United States District Court; and

 

WHEREAS, one of the provisions of the Settlement Agreement and Stipulated Final Judgment was that the Bureau of Indian Education (BIE) agreed to maintain a minimum of 24 Education Line Office staff in North and South Dakota in order to provide support to the tribal grant and contract schools, as well as BIA schools; and

 

WHEREAS, it has come to the attention of the GPTCA that over the past year, the BIE has allowed the number of line office staff to shrink to considerably less than the required minimum in North and South Dakota without any meaningful consultation with the affected tribes and tribal schools; and

 

WHEREAS, the GPTCA has also been advised that the BIE has recently moved line office staff from the reservation level to Minnesota, in direct violation of the Stipulated Final Judgment and Settlement Agreement; and

 

WHEREAS, the GPTCA believes that it is harmful to the education services they provide to the children of their communities and Tribes, under the Indian Self-Determination and Education Assistance Act and the Tribally-Controlled Schools Act, to remove the BIE’s education support personnel from the reservation level and move them to urban areas where they are geographically removed from providing face-to-face, direct contact with Indian tribes and tribal schools; and

 

WHEREAS, the GPTCA believes that the proposed restructuring/streamlining is unlawful and is in violation of the Stipulated Final Judgment and Settlement Agreement, as well as the United States Department of Interior’s consultation policy, and the Indian Self-Determination and Education Assistance Act and the Tribally-Controlled Schools Act and has been done without adequate meaningful consultation with Indian tribes and tribal schools operating under the auspices of the tribes as required by federal law, regulation and policy, and the opinion of United States District Judge Karen E. Schreier in her original opinion regarding the temporary injunction in the above-referenced case, and will permanently and irreparably harm the tribes and tribal schools in the Dakotas;

 

THEREFORE BE IT RESOLVED, that the undersigned GPTCA  hereby supports the legal effort by several of the tribes and tribal schools in North and South Dakota to enforce the Settlement Agreement and Stipulated Final Judgment reached in CIV No. 06-4091 KES, and to file any and all amicus curae briefs, if necessary, to support the said enforcement action and associated lawsuits in the above-referenced matter against the United States Department of Interior, the Bureau of Indian Education and any other federal entity; and be it further

 

Resolution No. 3-12-19-14

 

CERTIFICATION

 

This resolution was enacted at a duly called meeting of the Great Plains Tribal Chairman's Association held at Rapid City, South Dakota on December 19, 2014 at which a quorum was present, with 9 members voting in favor, 0 members not abstaining, and 7 members not present.

 

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