LUNIBEE TRIBE OF NORTH CAROLINA CLLR-2018-0222-01 DATE: February 22, 2018 CONSULTATION AND THE ATLANTIC COAST WHEREAS, The Lumbee Tribe of North Carolina (?Lumbee Tribe") is a recognized American Indian Tribe of the State of North Carolina, subject to the Constitution of the Lumbee Tribe of North Carolina ("Tribal Constitution") and its inherent powers and self?government; and WHEREAS, The Lumbee government was formed to preserve for all time the Lumbee way of life and community, promoting the educational, cultural, social, and economic well-being of Lumbee people, and securing justice and freedom for the tribe; and WHEREAS, Article VII, Section 1 of the Tribal Constitution delegates all legislative authority to the Tribal Council of the Lumbee Tribe of North Carolina (?Tribal Council"); and WHEREAS, just as our ancestors, the members of the Lumbee Tribe and other Indian tribal nations depend on rivers, streams, aquifers, and other ground water sources, community lands, forests, swamps, and environment for sustenance, medicines, as well as for health, general welfare, and sustainability of tribal communities and the ecosystem; and Page 1 of 5 WHEREAS, approximately 30,000 American Indians live within one mile of the Atlantic Coast Pipeline?s proposed route and constitute a highly disproportionate concentration of tribal citizens who would be subjected to any adverse impacts related to the pipeline's construction and operation; and WHEREAS, the Atlantic Coast Pipeline as pr0posed by Atlantic Coast Pipeline, LLC and Dominion Energy Transmission, Inc. poses a serious risk to the environmental and cultural resources of the Lumbee Tribe and its ability to provide a safe, livable homeland for its members and residents; and WHEREAS, the states of the United States, as sub-divisions of the federal government of the United States owe a duty to consult with the Indian tribal governments impacted by the decisions of its regulatory entities and subdivisions and thus far, have not officially consulted with the Lumbee Tribe, and WHEREAS, the Federal Energy Regulatory Commission (FERC) has not honored requests for consultation from the Lumbee government, against the guidance of the Advisory Council of Historic Preservation, the United States Environmental Protection Agency, the North Carolina Department of Environmental Quality, and the North Carolina Commission of Indian Affairs; and WHEREAS, the lack of true government-to-government consultation with the Lumbee Tribe, and other Indian tribal nations with ties to the land, will potentially suffer negative impact due to the construction and future operation of the ACP. WHEREAS, the Lumbee Tribe is deeply concerned about the protection of unmarked ancestral burials, sacred places, and its environment, and is unconditionally opposed to their desecration or dispossession, and to any adverse impact, damage, endangerment, injury or threat to them; Page 2 of5 WHEREAS, consultation with the Lumbee Tribe, and other potentially impacted lndian tribal nation as requested, must be undertaken for the Federal Energy Regulatory Commission (FERC) and other federal and state regulatory bodies to be in a position to claim it has a record that documents its obligations to conduct full and meaningful consultation with and consider the ACP's impacts upon the Indian tribal communities that attach cultural and religious concerns to the ACP route and, if permitted, how to mitigate such impacts; and WHEREAS, the Final Environmental Impact Statement prepared by the FERC for the ACP lacks suf?cient information on how Dominion will protect the religious, cultural, ancestral, and environmental interests of the Lumbee Tribe and other lndian tribal nations that would be impacted by the construction and future operation of the and WHEREAS, Dominion?s application for 401 Clean Water Act certification recently approved by the North Carolina Department of Environmental Quality lacks sufficient information for the Department to determine whether the ACP can comply with water quality standards, a project that would cut across nearly every major watershed in eastern North Carolina, including the Lumber River, and clear over 450 acres of precious wetlands; and WHEREAS, the National Congress of American Indians, the oldest and largest national organization of American lndian and Alaska Native tribal governments, has likewise called upon all agencies to engage in meaningful consultation with the Indian tribal nations that will be impacted by the construction and operation of the and Page 3 of 5 THEREFORE, be it resolved, the Tribal Council of the Lumbee Tribe of North Carolina does hereby respectfully request that FERC and other federal, state, or local regulatory bodies and other permitting entities, immediately engage in true and meaningful consultation with the Lumbee Tribe and other Indian tribal nations that would be potentially impacted by the construction and future operation of the and BE IT FURTHER resolved, the Tribal Council of the Lumbee Tribe of North Carolina does hereby call upon all entities of the United States government, and all federal, state, and local regulatory bodies and other entities to deny or suspend any permits, approvals, or other progress towards issuance of ?nal certifications, permits, or other approvals regarding Dominion's Atlantic Coast Pipeline until all federal, state, local and other entities have engaged in full and meaningful government?to-government consultation with all Indian nations, including the Lumbee, that attach cultural or religious concerns to the ACP. And, conduct a full and complete impact statement that fully considers the concerns of the affected Indian tribal nations through such consultations; and BE IT FINALLY resolved, that the Tribal Council of the Lumbee Tribe of North Carolina calls upon its membership, public officials, and other Indian tribal nations to express their opposition to the permitting and certifications for the ACP until the conduct of full and meaningful consultation with the Lumbee Tribe, and other impacted Indian tribal nations as requested, by all federal, state, and local entities. Page 4 of 5 5&0 989d euumeg quoN ,lo a u_L aeqwm em ,10 ?ounog lequi iiSEliiV 31433?3? MWX WC) eunmeo quoN ,10 equi eeqwnj an; ,to [equi 'Jexeeds SQNOWWVH g/awwy CINV 30 A8 BLOZ :lO AVG puzz 3H1 SIHL 'wnaono 'iNasaad 383M d0 WIONHOO (LZ) 3H1 .LSVOO EIH.L CINV SIHJ. NOILVOIJILHEO ROLL CALL VOTE RESULTS CLLR -2018-0222-01 CONSULTATION AND THE ATLANTIC COAST ADOPTED FEBRUARY 22, 2018 YES, _0 District 1: LaKishia Sweat ABSENT District 2: Sharon Hunt YES Janie McFarland YES District 3: James B. Hunt YES Alton Locklear ABSENT District 4: Jonathan Locklear YES District 5: Bobby Oxendine ABSENT Jarrod Lowery ABSENT District 6: Larry Chavis YES Douglas Locklear ABSENT District 7: Reginald Oxendine YES Jan Lowery YES Alvin Mercer ABSENT District 8: Corbin Eddings YES District 9: Anita Hammonds Blanks YES District 10: Janet Locklear YES District 11: Frank Cooper YES District 12: Annie Taylor YES Michael Chavis YES District 13: Ricky Burnett YES District 14: Barbara Lowery YES