46th legislature - STATE OF NEW MEXICO - first session, 2003

FOR THE INDIAN AFFAIRS COMMITTEE

REQUESTING THE GOVERNOR AND OTHER ELECTED EXECUTIVE OFFICERS OF THE STATE TO WORK TOGETHER TO FORMULATE AN EXECUTIVE AGENCY STANDARD TO ENSURE THAT CONSISTENT, GOVERNMENT-TO-GOVERNMENT PROCESSES ARE USED WHEN WORKING WITH INDIAN NATIONS, TRIBES OR PUEBLOS TO FORMULATE INTERGOVERNMENTAL AGREEMENTS AND RESOLVE INTERGOVERNMENTAL CONFLICTS.

WHEREAS, Indian nations, tribes and pueblos and the state of New Mexico have discussed the need to work together on a government-to-government basis, and in July 1996 and in current tribal-state agreements, the state and some tribes have agreed to work with each other on a government-to-government basis; and

WHEREAS, it is best to have a consistent policy throughout the executive branch of New Mexico state government that provides protocols and procedures for engaging in discussion with the governments of the Indian nations, tribes and pueblos with land located in New Mexico; and

WHEREAS, it is important that governments of Indian nations, tribes and pueblos know who they need to contact when a question or conflict involving the state arises and that the governments of the Indian nations, tribes and pueblos can be assured that their concerns will be heard and dealt with promptly by a person who has the authority to resolve the problem and negotiate a solution that is satisfactory to both parties; and

WHEREAS, for most executive agencies, a coordinated policy can best be accomplished through an executive order from the governor, but to ensure that the policy is statewide, other executive officers must also be involved in the evolution of the policy along with leaders of all the Indian nations, tribes and pueblos located in New Mexico;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the governor be requested to coordinate an effort among executive agencies and leadership of Indian nations, tribes and pueblos to develop standard protocol and procedures for government-to-government relations between the state and the Indian nations, tribes and pueblos with land located in the state; and

BE IT FURTHER RESOLVED that the governor be requested to issue an executive order with the details of the standard protocol and procedures to be followed in government-to-government communications between Indian nations, tribes and pueblos and the state executive agencies under the control of the governor; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the secretary of state, the attorney general, the state auditor, the state treasurer, the commissioner of public lands, the commissioners of the public regulation commission, the members of the state board of education, the governors of the nineteen pueblos located in New Mexico, the president of the Jicarilla Apache Nation, the president of the Navajo Nation and the president of the Mescalero Apache Tribe.