THE NATIONAL CONGRESS OF AMERICAN INDIANS RESOLUTION #BIS-02-058

WHEREAS, we, the members of the National Congress of American 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 the inherent sovereign rights of our Indian nations, rights secured
under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and
Constitution of the United States, to enlighten the public toward a better understanding of the Indian people and their way of life, to preserve Indian
cultural values, and otherwise promote the health, safety and welfare of the Indian people, do hereby establish and submit the following resolution; and
WHEREAS, the National Congress of American Indians (NCAI) was established in 1944 and is the oldest and largest national organization of
American Indian and Alaska Native tribal governments; and WHEREAS, the Mescalero Apache Tribe, an Indian Tribe organized under the
Indian Reorganization Act of June 18, 1934 (25 USC 476) and under its Revised Constitution has full power and authority to act for the Tribe; and
WHEREAS, on March 24, 1964 the Mescalero Apache Tribe entered into a lease with the United States Fish & Wildlife Service ("Service") for the
operation of the Mescalero National Fish Hatchery ("Hatchery") on the Mescalero Apache Reservation; and WHEREAS, for over thirty-five years,
the Mescalero Hatchery has been the economic backbone for many tribal recreational and tourism programs, serving, together with the Alchesay and
Williams Fish Hatcheries on the Fort Apache Indian Reservation, as the region's primary sources of stockable fish to 24 Indian reservations pueblos,
and to two military bases in New Mexico, Arizona, and Southern Colorado; and WHEREAS, in prior years, the United States Congress has recognized
the importance of the Hatchery to the economic well-being of the Mescalero Apache Tribe and the affected Southwest tribes by appropriating
operational funds directly to the Hatchery, and specifically directing the Service to provide expert biological and technical assistance to the tribes with
the express goal of moving toward tribal control and management of the facility; and WHEREAS, in November 2000, the Service suspended operations
at the Hatchery after the Service informed the Mescalero Apache President and Tribal Council that a "temporary suspension" was necessary so that the
Service could resolve certain deteriorating conditions; and WHEREAS, despite its prior representations to the Mescalero Apache President and
Council and without meaningful consultation with the Mescalero Apache Tribal leadership, the Service decided to permanently close the Hatchery,
stripped the facility of all equipment and most of the fixtures, reassigned personnel and reprogrammed $392,400 appropriated specifically for the Hatchery
to address other Service program priorities; and WHEREAS, on March 15, 2001, the Mescalero Apache Tribal Council reaffirmed the importance
of the Hatchery's continued operation to the economic development efforts of the Mescalero Apache Tribe and the affected tribes, and provided notice to
Service of its intent to contract the operations of the Hatchery in accordance with P.L. 93-638 self-determination contracting; and WHEREAS, the
Mescalero Apache Tribe has taken necessary and significant measures to ensure the continued operation of the Hatchery and continues to believe that
the Tribe could operate the fish hatchery in a manner that would be beneficial to the Tribe and the affected tribes served by the Hatchery; and
WHEREAS, the Mescalero Apache Tribe requested Congress to restore funding in FY 2003 for the Hatchery through the Bureau of Indian Affairs; and
NOW THEREFORE BE IT RESOLVED, that the NCAI does hereby recognize and declare that the continued operation for the Mescalero Fish
Hatchery is a top priority of the Tribe as well as the affected Tribes in the Southwest; and BE IT FURTHER RESOLVED, that the NCAI hereby
declares that with continued federal funding, the Tribe is prepared and willing to assume management and control of the Hatchery; and BE IT
FURTHER RESOLVED, that the NCAI hereby respectfully calls upon Congress and specifically the New Mexico Congressional Delegation,
Senator Pete Domenici, Senator Jeff Bingaman and Congressman Joe Skeen to restore operational funding in the amount of $392,400 for the
Mescalero Fish Hatchery in the FY 2003 Interior Appropriations Bill; and BE IT FINALLY RESOLVED, that this resolution shall be the
policy of NCAI until it is withdrawn or modified by subsequent resolution.