will not address the underlying problem because the MOU, by its terms, carries no substantive force of law; and WHEREAS , the Presidential Executive Order should stand in direct contrast to the language of the existing MOU by requiring legally-binding obligations; and WHEREAS , the absence of a designated federal official or mechanism within the Executive Branch to ensure compliance with Indian treaties underscores the imperative for an authoritative mandate from President Biden to rectify this long standing oversight; and WHEREAS , various treaty fishing tribes have asserted unequivocally, “What good is a treaty right to harvest fish if there are no fish?” showcasing the urgent need for the United States government to take decisive actions to uphold its Treaty obligations; and NOW THEREFORE BE IT RESOLVED , that the Indian Gaming Association urgently calls upon the President of the United States to issue an Executive Order to: ● Direct and mandate that federal agencies enforce Indian Treaty provisions with the force of law; and ● Appoint a Special Trustee for Treaty Rights Compliance within the Department of Interior; and ● Empower the Special Trustee to Coordinate the modification of federal regulations to ensure Treaty rights compliance under the Indian Trust Asset Reform Act; and ● Mandate Treaty Compliance Oversight by the Department of State and Department of Justice; and BE IT FINALLY RESOLVED , that this resolution shall be the policy of Indian Gaming Association until it is withdrawn or modified by subsequent resolution.
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