• Political Appointments Letter
• DOJ Transition Plan
• Indian Water Rights Policy Statement
• Presidential Transition Planning Power Point
• NCAI Political Platform 2008

As we approach another Presidential election, the NCAI Executive Committee proposes that Indian tribes work together to develop a strategy for the 2009 Presidential Transition. In the past, tribal issues have suffered from inattention during the transition and the early years of many prior Administrations. Without clear goals and planning for Indian affairs, new appointees lack expertise in the major issues that they will be required to manage, and major policy decisions are delayed. By the time they get oriented, it is time for another election – and the long term issues in Indian country are left unaddressed and handed on to the next Administration.  Any significant reform efforts must start at the beginning of an Administration and be supported by a broad consensus if they are to have a chance of success.
To prepare for the 2009 transition we propose developing a comprehensive Indian Country Transition Plan by September 2008. This timeline will allow NCAI to maintain a non-partisan stance, and prepare for either a Democratic or Republican Administration. It will also give us sufficient time to implement any distribution and publicity plan is deemed appropriate. For example, the Transition Plan could be turned into a series of editorials to highlight significant issues or could be highlighted in forums with the candidates. NCAI has also been approached by other policy organizations who are producing comprehensive transition plans and would like to include Indian Country-specific recommendations.

Framing the Issues for the Next Presidential Administration
Identifying Indian Country's Priorities
As a first step, the NCAI Transition Team must identify Indian Country’s key priorities. Although there are many issues that deserve attention during the next Administration, it is important that Indian Country identify a few key issues where tribal governments would like to see a transformation in the way the federal government interacts with Indian Nations. Identifying these priorities will provide direction in determining the leadership qualities and experience needed for appointees in the next Administration. It will also define the initial focus for the first few months of a new Administration, which will maximize our opportunity to make a difference during a four year term.  Issues that Indian Country may want to prioritize at the outset of the next Administration include: 
1) Trust Settlement, Trust Reform and Tribal Natural Resources Management – For the last decade trust accounting litigation and trust reform have dominated the resources and energy of the Department of Interior. There is broad agreement that a settlement is necessary and that fundamental reforms are needed to improve the Department’s management of Indian natural resources and trust accounts, to empower tribal governments in natural resources management, to address fractionation, and to streamline the bureaucracy that stifles economic development in Indian country. Tribal leaders have already done a great deal of work, but leadership is needed at Interior that can successfully bring these issues to closure.  
2) Tribal Sovereignty, Treaty Rights and Consultation – The rights of Indian Nations are recognized in the Constitution, treaties, federal laws and numerous Supreme Court decisions,  yet too many federal agencies are unaware of their responsibilities toward tribes. Tribal governments have jurisdiction over land the size of seven states, yet are not included in important intergovernmental matters that affect the entire nation. Strong leadership is needed at the White House to ensure that Indian Nations are consulted on the broad range of issues that affect tribes, that consultation results in meaningful policies that respect tribal sovereignty and core concerns, and that the time and energy of the tribes and the federal agencies is used effectively.
3) Funding of Tribal Government Services – Under the federal policy of Tribal Self-Determination, Indian Nations have taken on an increasing role in providing the basic services on reservations such as education, health care, law enforcement and transportation. White House and OMB budgets and policies need to ensure stable sources of funding for tribal governments so that tribal citizens receive equitable services in the same manner that is found in other jurisdictions throughout the United States.
4) Law Enforcement – Rising crime rates and scarce law enforcement resources have grown into a crisis on many Indian reservations. Jurisdictional fragmentation, lack of funding, failures of coordination and an anemic federal response have all contributed to the problem. The Department of Justice and Department of Interior need new leadership that will seriously address the federal government's role in Indian country, and new resources must be focused to reduce crime on Indian reservations, particularly to address the increasing problems with drug trafficking, domestic violence and sexual assault.
5) Taxation – As tribes have increased their economic development efforts, they have increasingly developed issues at the Department of Treasury and the Internal Revenue Service.  On a range of issues from tax exempt bonds, to pension plans, to benefits provided to tribal members, the Department has failed to provide policy guidance while the IRS Audit Division has dramatically expanded review and enforcement in ways that are unfair and detrimental to Indian tribes.  The Treasury Department needs leadership that will work with tribes and develop equitable policies on the range of issues affecting tribal financing and employment.  In addition, the new Administration should take a fresh look at the problem of dual taxation on retail sales on reservations, as tribes look for non-federal revenue streams to improve the inadequate services on reservations.
Anticipating National Policy Initiatives
In addition to identifying Indian Country's key priorities, it is important for tribes to consider those issues that will likely be keystone policy initiatives for the new Administration. This will allow Indian Country to proactively work to ensure that tribal concerns are incorporated from the outset. For example, health care reform will likely be a major focus no matter who is elected in November. Indian Country should prepare now to be at the table for the national policy discussion on health care reform.
Education and Job Training – Education policy will be a key question for the next Administration. However, the federal government has direct responsibility for only two education systems – military and Indian school systems. Indian education and job training should become a model for preparing our children and our workers to compete in the global economy while also respecting the values of local communities.
Health Care -- The nation is engaged in a large-scale debate on how to reform the health care system in America. Much of the debate has centered on proposals to ensure universal health care for all Americans. The Federal Government has a unique responsibility to provide health care to Indian people. The Indian Health Service administers health care to 1.9 million to American Indians and Alaska Natives in Indian hospitals and clinics in 35 States. American Indians and Alaska Natives also receive services through other federal programs such as Medicare, Medicaid, Veterans Affairs, and through private and tribal insurance coverage.  If the new Administration and Congress moves forward with health care reform, tribes should be an integral component in any of the proposals to reform health care.
Climate Change and Energy - Climate change is having the most profound impacts on native communities, such as tribes located in regions in Alaska and the arid West that are already affected by rising temperatures and increased drought.  Tribal communities also live closer to the land, and are more dependent on subsistence hunting and fishing and other natural resources affected by climate change.  Tribes are also uniquely positioned to contribute to sustainable energy technologies, and should be prominently included in any national climate change strategy.
Economic Stimulus - The current downturn in the U.S. economy is likely to be a top priority of the incoming Administration.  Indian tribal communities should be included in any economic stimulus efforts. 
Once the Transition work group has identified both Indian Country’s key priorities and anticipated national policy initiatives, the Work Group will prepare a number of memos and documents to guide the next Administration.
Documents produced as part of the NCAI Transition Plan will address four core components:

1. a comprehensive list of individuals to fill key positions;
2. guidance for the incoming Administration about how to approach its responsibilities to Indian Country in overall White House policy;

 

1. recommendations for key federal agencies including the Department of Interior, the Indian Health Service, the Department of Justice, and any other agencies deemed appropriate.
2. materials for tribal leaders offering information on how best to engage in the process during the transition and promote tribal priorities. 

 

The Appointment Process for Major Indian Affairs Positions
Perhaps the most important decisions that a new Administration will be making is appointments and staffing. Staff in the White House personnel office have tremendous influence in making these decisions, and each cabinet office has a White House liaison who will also be influential. It will be important for Indian Country to have lists of people prepared for key positions and to know who the career personnel are who will continue to serve in their positions after the elections. NCAI will be working with Mary McNeil, who has experience working in a Presidential transition, to help coordinate our efforts with the appointment process. Please see a memo she has prepared for additional information (attached).
The Transition Team
The first positions that Indian Country will need to be prepared to fill are on the Transition Team for the next Administration,. The Presidential Transition Act establishes the transition team as a Federal entity to provide for the orderly transfer of power between Administrations. In addition to providing that the transition team may hire its own staff, the Act provides for the detail of Federal employees to the transition team after the November election.  
The NCAI Transition Plan should identify both highly knowledgable individuals outside of the federal government, and inside of the federal agencies, to serve on the transition team and provide expertise and assistance on matters related to Indian Affairs.  At a minimium, this would include individuals with knowledge related to the Bureau of Indian Affairs, Indian Health Service and Indian Housing.
 Policy Papers on Major Issues
The NCAI Transition Team will prepare detailed policy papers on a number of key issues for Indian Country. These policy papers will provide the incoming Administration with the background and recommendations it needs to move forward with proactive policies that will benefit Indian Country.   As a preliminary list, the topics could include:

Law Enforcement – see example Trust Reform and Trust Settlement Sovereignty and Government to Government Consultation Land into Trust Budget and Funding Taxation Economic Development Health Care

Education Homeland Security and Emergency Response Energy Climate Change Sacred sites and cultural resources Gaming Agriculture Transportation Water rights

Short Term Actions or 100 Day Plan
In order to maximize the impact of Indian Country on the Transition, it will be important to have identified  a small number of key actions that can be undertaken in the first few months of a new Administration. These priority actions should take into account the political climate in which the new President will be working and should fit in to the signature initiatives that the new President will likely be pursuing.
Recommendations Department by Department
In addition to the Policy Papers on Major Issues identified above, the NCAI Transition Team will prepare a short transition memo tailored to each of the federal agencies. These memos will provide a roadmap to guide the agencies as they begin addressing the tribal issues in their jurisdiction. The memo will include recommendations on organizational structure, critical appointments, and policy initiatives.