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AN ACT
RELATING TO EXPENDITURE OF PUBLIC MONEY; PROVIDING FOR
CAPITAL EXPENDITURES; ESTABLISHING CONDITIONS FOR PROJECTS
WITHIN THE NAVAJO NATION; PROVIDING FOR DIRECT PAYMENTS TO
VENDORS; DEFINING INDIGENCY; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. LEGISLATIVE FINDINGS AND PURPOSE.--
A. The legislature finds that many residents of
this state living within Indian country are impoverished and
are involuntarily living without electric service, indoor
plumbing, adequate potable water, telecommunications or
related infrastructure due to federal government policies
over the decades. This finding is based upon federal
decennial census data showing that Native Americans living in
Indian country have a long history of income below federal
poverty levels and a lack of basic domestic amenities.
Living under such adverse circumstances has a negative impact
on the education of children at the elementary and secondary
school levels and on the health and welfare of Native
Americans in general.
B. Since the nineteenth century, the federal
government has assumed a trust responsibility for Native
Americans, but since New Mexico attained statehood, it has
had a responsibility for its Native American residents.
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C. The legislature finds it is the policy of the
state of New Mexico to improve the basic quality of life of
residents within Indian country through the use of any means
available.
D. The purpose of this act is in part to enable
the state, in compliance with the provisions of the
constitution of New Mexico, to provide financial assistance
to residents within Indian country so that they may be served
by basic residential services such as electric service,
indoor plumbing, sewer, adequate potable water,
telecommunications and related infrastructure.
E. The state has developed
government-to-government relationships and agreements with
the twenty-two Indian nations, tribes and pueblos in New
Mexico regarding education and other topics. To better
provide services to Native Americans, many state agencies
have designated divisions or liaisons to work with the
nations, tribes and pueblos.
F. The state has worked with Indian nations,
tribes and pueblos, of which the Navajo Nation is the largest
tribal government, and recognizes that the Navajo Nation is
divided into political subdivisions designated as chapters.
G. Due to federal, state and tribal policies
related to the implementation of capital outlay and other
projects, delays in implementation due to bureaucratic red
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tape have resulted in the reversion of millions of dollars in
capital outlay funds designated for projects in Indian
country.
H. Tribal governments and their subdivisions have,
through the years, organized nonprofit entities to assist in
the provision of education and other basic services.
Section 2. FISCAL AGENTS FOR NAVAJO NATION
PROJECTS.--The state recognizes the chapters of the Navajo
Nation as local tribal entities having the capability and
capacity to apply for and implement capital improvement
projects. The state also recognizes as local tribal entities
those nonprofit entities organized under the supervision of
tribal governments whose mission or objective is to provide
education and other basic services and who may apply for and
implement capital improvement projects. Therefore, the state
may contract through a fiscal agent other than the Navajo
Nation for the expenditure of state funds on behalf of local
tribal entities of the Navajo Nation. Unless otherwise
negotiated, an administrative fee of no more than five
percent of a project's cost may be charged by the entity that
serves as fiscal agent.
Section 3. PUBLIC EMPLOYMENT PROGRAMS.--Local tribal
entities may be considered as vendors when they utilize their
own resources to implement capital improvement projects.
Section 4. DIRECT PAYMENTS.--
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A. In the case of capital outlay projects located
within Indian country and authorized to the Indian affairs
department or other state agencies, the state may make
payments directly to third-party contractors for services
rendered or goods supplied regarding such projects. Upon
approval by the Indian affairs department or other state
agency of a billing statement submitted on behalf of a vendor
by a tribal government or a local tribal entity, the
department may arrange for payment of that statement directly
to the vendor. Capital outlay projects may be invoiced and
paid in phases.
B. The department of finance and administration is
authorized to make payments directly to third-party
contractors for services rendered or goods supplied regarding
capital outlay projects located within Indian country and
authorized to the Indian affairs department or other state
agency.
Section 5. NAVAJO NATION PROJECTS--GENERAL FUND
APPROPRIATIONS.--Money appropriated from the general fund to
several chapters of the Navajo Nation located in New Mexico
for the same or similar purposes may be pooled by those
chapters to create a regional or centralized project upon
review of the Indian affairs department and approval by the
state board of finance.
Section 6. TRIBAL INFRASTRUCTURE ACT.--The provisions
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of this act also may be used to implement the provisions of
the Tribal Infrastructure Act.
Section 7. PRESUMPTION OF INDIGENCY.--For the purposes
of capital outlay projects located within Indian country and
authorized to the Indian affairs department, pursuant to
Subsection A of Section 14 of Article 9 of the constitution
of New Mexico, persons who reside in Indian country who are
not served by electric service, water service, indoor
plumbing, sewers, telecommunications or related
infrastructure are presumed to be indigent. State agencies
may contract with and make payment to local tribal entities
to assist the indigent in local tribal entities.
Section 8. RULEMAKING AUTHORITY.--The department of
finance and administration or the Indian affairs department
shall promulgate rules necessary to implement the provisions
of this act.
Section 9. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect
immediately.