Honoring Indigenous Tribal Nations
The U.S. government has a profound legal and moral obligation toward Native American Tribes and Indigenous communities—a trust which has been broken time and again, undermining Tribal nations’ ability to flourish politically, culturally, and economically. Democrats are committed to honoring, upholding, and strengthening the United States’ trust obligations to Tribal Nations and communities, as enshrined in the Constitution, treaties, federal statutes, and case law.
Democrats recognize and support the sovereignty of Tribal Nations and pledge to work on a nation-to-nation basis to empower Indigenous peoples, increase economic development in Tribal Nations, and protect Tribal lands, assets, resources, and treaty rights. We honor and support the great Indigenous traditions all across the country. We stand with the Mashpee Wampanoag Tribe and all Tribal Nations in rejecting the Trump Administration’s efforts to remove land that had been put into trust by the Obama-Biden Administration. We will fight to enact a clean Carcieri fix and support policies to restore Tribal lands, including culturally significant federal lands, by moving land into trust, streamlining the land-into-trust process, and conducting land buy-backs. We will also support establishment of additional federal co-management agreements with Tribal Nations on federal lands that have cultural and historical significance to Tribes.
Democrats believe the federal government must commit to providing full funding to fulfill unmet trust and treaty obligations to Tribal Nations and Native American peoples. We will work on a nation-to-nation basis to increase funding, resources, and financial tools for Tribes, particularly in the key areas of criminal justice, health care, education, housing, and economic development. Democrats will work to address the predictability of funding for Tribes, and explore pathways including mandatory funding, advanced appropriations, shutdown exemptions, and other mechanisms.
The COVID-19 pandemic has devastated Indian Country, with some Tribal communities facing among the highest per capita infection rates in the country. As part of our commitment to fighting the COVID-19 pandemic, Democrats will support funding to hire sufficient staff to conduct contact tracing for all who test positive for this deadly disease. We will surge funding to the Indian Health Service and support investments to help Tribal governments address the economic fallout of the COVID-19 pandemic and President Trump’s recession, including investments to support and create jobs in Tribal communities and to support affordable child care, so parents are not forced to choose between keeping their jobs and keeping their children safe.
Democrats recognize the security of Native peoples (American Indians, Alaska Natives, and Native Hawaiians) is paramount, and will ensure that they have the resources they need to investigate and prosecute crimes against Native peoples and communities, including cooperation from law enforcement agencies outside Tribal lands. We will fight for justice for missing and murdered Indigenous women and girls. Democrats will at last reauthorize the Violence Against Women Act, reaffirm provisions relating to Tribal jurisdiction, and expand the list of crimes that can be prosecuted under the statute to include stalking, child abuse, and trafficking. We also support Indian Tribal jurisdiction over Tribal lands, and we support further efforts to address the Oliphant decision. We will defend the Indian Child Welfare Act and protect Native families and involve Tribes in child welfare cases. And we will build on federal programs to reduce the disproportionate incarceration of American Indian, Alaska Native, and Native Hawaiian men and women, reduce sentencing disparities, and work to ensure all returning citizens have access to housing, employment services, and health care, including mental health and substance use disorder treatment.
American Indians, Alaska Natives, and Native Hawaiians are uninsured at higher rates and suffer from disparities in health outcomes, including in the COVID-19 pandemic. Democrats will make mandatory and work toward full funding for the Indian Health Service and the Native Hawaiian Health Care Improvement Act to help expand access to health care for Native people, including mental health, dental care, and substance use disorder treatments, and will fully fund contract support costs. We will expand insurance coverage for Native Americans (including American Indians, Alaska Natives, and Native Hawaiians) no matter where they live by creating a high-quality, affordable public option on the Affordable Care Act exchanges, and making the public option available without premiums to low-income families.
The legacy of Native American boarding schools has caused generational trauma. We acknowledge this injustice and support continued education and restorative justice. We will invest in Indian education from early childhood through college and career education. Democrats will significantly expand funding for the Bureau of Indian Education and invest in improving public school buildings. We will increase resources for programs that promote cultural preservation and enable Native students to learn their Indigenous languages, and support national curricula to teach Native American history and culture in schools. Democrats will increase recruitment of high-quality teachers and school professionals in Tribal areas. And we will break down barriers that keep Native American students from accessing a college education, including by making community colleges free and significantly increasing support to lower attendance costs at Tribal Colleges and Universities (TCUs). Democrats are committed to reestablishing and strengthening the White House Generation Indigenous initiative and its annual White House Tribal Youth Gathering to support Native youth. We are committed to combating hurtful and racist Native American stereotypes in mainstream American culture, especially those associated with sports teams and educational institutions.
Democrats will substantially increase investments to meet Tribal housing needs, including by constructing and upgrading affordable housing on Tribal lands, investing in drinking and clean water infrastructure, and investing in rural and Tribal broadband infrastructure. We will make energy-saving upgrades to millions of low-income homes and affordable and public housing units, and increase funding for the Indian Community Development Block Grant program.
We will unlock significant new resources for economic development on Tribal lands, including supporting investments in clean energy, climate change resilience, and 21st century infrastructure projects. We will expand access to capital for Tribes by increasing resources for the Native American CDFI Assistance Program, expanding and making permanent the New Markets Tax Credit, and expanding technical assistance to enable Tribes to better access existing federal funding streams. We will continue to support and expand SBA programs for Tribes and fully implement the Buy Indian Act. We will also support Tribal governments and their authority to tax activities on their lands in support of Tribal self-sufficiency and government services. Democrats are committed to environmental justice for Indian Country, and will work to ensure all people have clean air, clean water, modern wastewater infrastructure, and can live without exposure to toxic chemicals.
Democrats recognize that the Native American men and women who have proudly served in the Armed Forces of the United States in all its wars, from the beginning of U.S. history, deserve the total and unqualified support of their needs by the federal government. We will ensure that all the benefits provided to U.S. military veterans are provided to Native veterans and fully funded to meet the special cultural needs of Native veterans. Democrats will additionally establish a Veterans Affairs Tribal Advisory Committee to foster improved collaboration and coordination between the federal government and Tribal Nations on meeting the unique needs of Native American veterans, and establish Tribal veteran service delivery programs in Tribal communities.
Democrats commit to managing federal actions and undertakings in a manner that honors the trust responsibility; respects the nation-to-nation relationship and sovereignty of Tribes; and protects subsistence, treaty, and other reserved rights, natural and cultural resources, and sacred sites of federally-recognized Indian Tribes. We commit to upholding leasing and rights-of-way regulations that strengthen Tribal sovereignty and ensure Tribal consent on lands in which Tribes hold an interest. We will create a more robust and meaningful consultation process that is consistent across all federal agencies, including the Office of Management and Budget, and use early and ongoing consultation to identify and work to appropriately mitigate or address concerns.
Democrats recognize that self-governance and self-determination empowers Tribes to prioritize their needs and plan for the future consistent with their distinct traditions, economies, and institutions. Recognizing the success many Tribes have had with self-governance, we will work to make it more effective within the Bureau of Indian Affairs and encourage other federal agencies to negotiate such agreements with Tribes.
Consistent with the policies of the Obama-Biden Administration, Democrats will make permanent the White House Council on Native American Affairs and commit to holding an annual White House Tribal Nations Conference. We will nominate federal judges who understand Indian law, and will ensure Native Americans and Alaska Natives are appointed to high-level and leadership positions within the federal government.
Over 70 percent of Native Americans live off-reservation. Democrats will create a strategy to support urban Indian populations and ensure their voices are heard and no one is left behind, including by expanding support to access quality health care, culturally relevant education, affordable housing, and other programs.
Democrats also support efforts for self-governance and self-determination of Native Hawaiians. Native Hawaiians are the Indigenous, aboriginal people of Hawai’i whose values and culture are the foundation of the Hawaiian Islands. We support proactive actions by the federal government to enhance Native Hawaiian culture, housing, health, language, and education. We recognize and honor the contributions and sacrifices made in service to our country by Native Hawaiians.