Policy Resolution ETE-17-44

WHEREAS, Native Americans, Native Alaskans and Native Hawaiians have experienced a traumatic history of discrimination;

WHEREAS, the United States has historically recognized Indian Nations in the United States as sovereign nations having inherent sovereign powers and rights including the right to make their own laws and the right to govern all people who come onto the Indian Nations;

WHEREAS, sovereign Indian Nations predate the United States Constitution and therefore Indian Nations are not subject to the United States Constitution but are subject to the plenary authority of the United States Congress;

WHEREAS, the Standing Rock Indian reservation was established as the homeland for the Hunkpapa, Yanktonai, Cuthead and Blackfoot bands of the Great Sioux Nation:

WHEREAS, the Standing Rock Sioux Tribe depends on the Missouri River as its sole water source as well as for general wellbeing and sustainability of the Standing Rock Indian Reservation;

WHEREAS, the Dakota Access Pipeline poses a serious risk to the wildlife and fish along the Missouri River and the Standing Rock Sioux Tribes ability to provide a livable homeland for its people;

WHEREAS, the horizontal direction drilling in the construction of the Dakota Access pipeline would harm sacred places and cultural resources;

WHEREAS, the National Black Caucus of State Legislators understands the importance of government-to-government consultation and understands there has been a lack of meaningful consultation with the Standing Rock Sioux Tribe; and

WHEREAS, NBCSL supports the Standing Rock Sioux Tribe and the many other tribes that have expressed opposition to the Dakota Access Pipeline.

THEREFORE BE IT RESOLVED, the National Black Caucus of State Legislators (NBCSL) supports the inherit sovereignty of the Standing Rock Sioux Tribe and their efforts to stop construction of the pipeline;

BE IT FURTHER RESOLVED, NBCSL urges the U.S. Army Corps of Engineers to rescind all permitting or easement for the Dakota Access Pipeline on all tribal lands until a full environmental impact study is done with meaningful consultation with the Standing Rock Sioux Tribe; and

BE IT FINALLY RESOLVED, that NBCSL send a copy of this resolution to the President of the United States, the Vice President of the United States, members of Congress, and other federal and state government officials as appropriate.

• SPONSOR: Senator Anastasia Pittman (OK)
• Committee of Jurisdiction: Energy, Transportation, and Environment Policy Committee
• Certified by Committee Co-Chair: Representative Billy Mitchell (GA)
• Ratified in Plenary Session: Ratification Date is December 3, 2016
• Ratification is certified by: Senator Catherine Pugh (MD), President