2011 Winter Conference
North Bend, Oregon
RESOLUTION #11 - 20
"SUPPORT FOR WASHINGTON STATE RETROCESSION OF PUBLIC LAW 280 CIVIL
AND CRIMINAL JURISDICTION OVER THE YAKAMA NATION RESERVATION"
PREAMBLE
We the members of the Affiliated Tribes of Northwest Indians of the United States,
invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve
for ourselves and our descendants rights secured under Indian Treaties, Executive Orders, and
benefits to which we are entitled under the laws and constitutions of the United States and
several states, to enlighten the public toward a better understanding of the Indian people, to
preserve Indian cultural values, and to promote the welfare of the Indian people, do hereby
establish and submit the following resolution:
WHEREAS, the Affiliated Tribes of Northwest Indians (ATNI) are representatives of,
and advocates for, national, regional, and specific tribal concerns; and
WHEREAS, ATNI is a regional organization comprised of American Indians/Alaska
Natives and tribes in the states of Washington, Idaho, Oregon, Montana, Nevada, Northern
California, and Alaska; and
WHEREAS, the health, safety, welfare, education, economic and employment
opportunity, and preservation of cultural and natural resources are primary goals and objectives
of the ATNI; and
WHEREAS, Congress passed Public Law 280, codified at 18 U.S.C. 1162 and 28 U.S.C.
1360, commonly known as “Public Law 280,” which authorized the State of Washington to
exercise criminal adjudicative jurisdiction over offenses committed by or against Indians, and
civil adjudicative jurisdiction over causes of action between Indians, or to which Indians are
parties, that arise in Indian country in Washington; and
AFFILIATED TRIBES OF NORTHWEST INDIANS
RESOLUTION #11 -20
WHEREAS, the State of Washington asserted Public Law 280 jurisdiction without the
consent of the Confederated Tribes and Bands of the Yakama Nation (“Yakama Nation”), which
violates the Treaty With The Yakamas of June 9, 1855, 12 Stat. 951 (“Treaty of 1855”), and
infringes upon the sovereignty and self-governance of the Tribe; and
WHEREAS, Public Law 280 and the State of Washington’s assertion of civil and
criminal jurisdiction reflects a diminishment and abdication of the United State’s federal, moral
and trust responsibility toward the Yakama Nation; and
WHEREAS, the State of Washington’s assertion of Public Law 280 civil and criminal
jurisdiction over the Yakama Nation Reservation has caused the Yakama Nation and its
members to suffer inadequate state and local law enforcement response to on-reservation crime,
disrespect for tribal authorities, culturally insensitive and discriminatory administration of
criminal justice, the fracturing of state and local governmental-to-government relationships, and
said assertion of jurisdiction has undermined the sovereignty and self-governance of the Yakama
Nation; and
WHEREAS, Congress also enacted the Indian Civil Rights Act of 1968, which included
a provision codified at 25 U.S.C. 1323, which authorizes the Secretary of the Interior to accept a
retrocession of criminal or civil jurisdiction from the states subject to Public Law 280; and
WHEREAS, the Yakama Nation self-governs over 1.2 million acres of land since the
signing of the Treaty of 1855 and has evidenced the capacity to regulate civil and criminal
conduct on the Yakama Reservation, including but not limited to, administering a Yakama police
force, fish and wildlife department, tribal court systems, overseeing significant social service and
child welfare programs under the Indian Child Welfare Act, managing a Sex Offender
Registration Program, and otherwise enforcing civil and criminal laws and regulations under
Tribal Codes; and
WHEREAS, the Yakama Nation intends to assert exclusive jurisdiction over the lands
on the Yakama Nation Reservation and other tribal trust lands, and the State of Washington’s
retrocession of Public Law 280 civil and criminal jurisdiction is the first step in the restoration of
rights and authority conferred to the Yakama Nation by virtue of the Treaty of 1855; and
WHEREAS, the State of Washington’s retrocession of Public Law 280 civil and
criminal jurisdiction will improve Yakama Nation sovereignty and benefit citizens of both
Washington and the Yakama Nation who live on the Yakama Nation Reservation; now
THEREFORE BE IT RESOLVED, that ATNI does hereby fully support and endorse
the Yakama Nation’s efforts to obtain the State of Washington’s retrocession of Public Law 280
civil and criminal jurisdiction over the Yakama Nation Reservation and other trust lands in order
to reaffirm the Yakama Nation’s sovereignty, affirm the Treaty of 1855, and benefit citizens of
both Washington and the Yakama Nation who live on the Yakama Nation Reservation and other
Yakama trust lands; and
2011 WINTER CONFERENCE
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AFFILIATED TRIBES OF NORTHWEST INDIANS
RESOLUTION #11 -20
BE IT FURTHER RESOLVED, that ATNI hereby fully supports the Yakama Nation’s
efforts to obtain immediate and timely action from the Department of the Interior with respect to
the Yakama Nation’s request for Public Law 280 retrocession, and urges the Secretary of the
Interior to act as expeditiously as possible to accept Public Law 280 retrocession from the State
of Washington; and
BE IT FINALLY RESOLVED, that ATNI hereby fully supports the efforts of all
Native American Tribes seeking retrocession of Public Law 280, as it has been made applicable
to them through whatever authority or act; and consistent with said support, ATNI urges the
Secretary of the Interior to act as expeditiously as possible to accept Public Law 280 retrocession
from any requesting tribe.
CERTIFICATION
The foregoing resolution was adopted at the 2011 Winter Conference of the Affiliated
Tribes of Northwest Indians, held at The Mill Casino Hotel & RV Park, North Bend, Oregon on
January 30 – February 3, 2011 with a quorum present.
______________________________
Brian Cladoosby, President
2011 WINTER CONFERENCE
______________________________
Norma Jean Louie, Secretary
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