Great Plains Tribal Chairman's Association
Resolution No. 4-9-6-13 RESOLUTION OF THE GREAT PLAINS TRIBAL CHAIRMAN’S ASSOCIATION

RESOLUTION to OPPOSE ADMINISTRATION PROPOSAL and LEGISLATION TO CAP INDIRECT COSTS

 

WHEREAS, the Great Plains Tribal Chairman’s Association (GPTCA) is composed of sixteen elected Chairs and Presidents of sovereign treaty tribes and nations (or their duly appointed representatives) that are located in the Great Plains Region of the Bureau of Indian Affairs in North Dakota, South Dakota, Nebraska, and Iowa;

 

WHEREAS, the GPTCA was formed to promote the common interests of the member tribes and their enrolled members in the Great Plains Region;

 

WHEREAS, Indian nations and tribes were independent sovereigns before the United States;

 

WHEREAS, the Constitution of the United States through the Treaty, Supremacy, and Commerce Clauses acknowledges Indian nations and tribes as sovereigns with authority over our territory and citizens;

 

WHEREAS, through treaties, the United States pledged acknowledged Indian nations and tribes as sovereigns with authority over our territory and citizens, pledged the United States’ protection for our Indian nations and tribes, and promised to provide health care, education, and housing;

 

WHEREAS, the United States, in furtherance of the Indian Self-Determination Policy, delegated authority to perform certain Federal functions and provide Federal programs and services to tribal citizens on and near Indian reservations and lands;

 

WHEREAS, in order for Indian nations and tribes to provide Public Law 93-638 Indian Self-Determination Programs, Congress authorized Indian nations and tribes to receive indirect costs through Self-Determination contracts to fund provision of the certain Federal functions, programs and services;

 

WHEREAS, the Supreme Court in the Ramah Navajo case ruled that Indian nations and tribes are entitled by law to receive indirect costs and have our Federal Self-Determination contracts honored;

 

WHEREAS, these indirect costs and contract support dollars fund essential and integral tribal government overhead necessary to operate and provide the Federal functions, programs and services delegated by the United States, including light bills, property and supply, payroll administration, and accounting—and the Federal agencies demand the provision of many of these items;

 

WHEREAS, for these reasons, any indirect costs and contract support dollars that are not provided by the Federal Government, must be provided by tribal general funds—and that will result in a taking of tribal government property for Federal government purposes contrary to the Unfunded Mandates Act;

 

WHEREAS, the IHS and OMB are seeking to circumvent the Supreme Court ruling in Ramah and avoid payment of tribal indirect costs and cap indirect costs;

 

WHEREAS, the United States honors contracts with state and local governments and private contractors, such as DOD contractors;

 

WHEREAS, the United States is required by the Constitution’s Contract and Due Process Clauses to honor its contracts;

 

WHEREAS, the Administration has proposed and both the House and the Senate Appropriations Subcommittees have accepted Appropriations language that would impose a cap on FY 2014 indirect cost payments, which is well below the amount required for Indian nations’ and tribes’ BIA and IHS Indian Self-Determination Contracts under the Supreme Court’s Ramah decision;

 

WHEREAS, the Administration’s and the Appropriations Subcommittees are contrary to the Indian Self-Determination Act, and the Supreme Court’s Ramah decision;

 

NOW THEREFORE BE IT RESOLVED that the Great Plains Tribal Chairman’s Association calls upon President Obama, Congress, including the full House and Senate, and the Administration, including the BIA, BIE, IHS and OMB, to respect the Supreme Court’s decision in Ramah, honor our Indian Self-Determination Contracts, fully fund and pay our indirect costs;

 

BE IT FURTHER RESOLVED that any indirect costs paid for prior periods pursuant to the Supreme Court’s Ramah decision should be drawn from the Judgment Fund, not existing appropriations because it was a long-term default by the United States and any other result would punish the plaintiffs for recovering their rightful pay under contract;

 

BE IT FURTHER RESOLVED that the Great Plains Tribal Chairman’s Association calls upon the full House and Senate to reject the Administration’s recommendation to cap indirect costs below the amount provided for in the Indian Self-Determination Act and necessary to fully fund tribal governments to provide Federal functions, programs and services delegated by the United States thereby;

 

BE IT FURTHER RESOLVED that the Great Plains Tribal Chairman’s Association opposes any effort to cap indirect costs by the BIA, BIE, IHS and OMB and opposes any legislation to do so;

 

BE IT FURTHER RESOLVED that the Great Plains Tribal Chairman’s Association calls upon our North and South Dakota, Nebraska, and Iowa congressional delegations to require the Administration to respect the Supreme Court’s Ramah decision, honor our Indian Self-Determination contracts, and fully fund our indirect costs and to oppose any effort or legislation to cap indirect costs.

 

BE IT FINALLY RESOLVED, that this resolution shall be the policy of the Great Plains Tribal Chairman’s Association unless and until withdrawn by subsequent resolution.

 

Resolution No. 4-9-6-13

 

CERTIFICATION

 

This resolution was enacted at a duly called meeting of the Great Plains Tribal Chairman’s Association held at Bismarck, North Dakota on September 6, 2013 at which a quorum was present, with 9 members voting in favor, 0  members opposed,  0  members not abstaining, and 7  members not present.

 

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