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F I S C A L I M P A C T R E P O R T

SPONSOR SRC

ORIGINAL DATE

LAST UPDATED

2-13-2006

HB

SHORT TITLE PRC Interaction with Tribal Governments

SJM 59/SRCS

ANALYST Dearing

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

*NFI

(Parenthesis ( ) Indicate Expenditure Decreases) *Please See Narrative

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico Indian Affairs Department (NMIAD)

Public Regulation Commission (PRC)

SUMMARY

Synopsis of SRC Substitute

In general the Senate Rules Committee substitute joint memorial adopts a more formal and neu-

tral language for the request presented in the original SJM 59. The substitute recognizes the in-

tention of the PRC to cooperate with tribal and pueblo entities in instances where the commis-

sion has jurisdiction to conduct joint investigations, hold joint hearings, and issue joint or con-

current orders with the tribal and pueblo government entities.

Synopsis of SJM 59

Senate Joint Memorial 59 requests that the New Mexico Public Regulation Commission (“PRC”)

be urged to develop a protocol for interactions with tribal governments immediately. Also re-

quested is the initiation of procedures and principles for positive interactions that are respectful

and effective which foster communication and encourage professional relationships among PRC

and various sovereign pueblos, nations & tribes within New Mexico. It also directs the PRC to

report to the interim legislative Indian Affairs Committee no later than September 2006, present-

ing at that time the protocol developed and adopted by the PRC that ensures respectful, effective

interactions among the PRC and the Indian nations, tribes and pueblos which encourages better

communication and fosters strengthened relationships.

Senate Joint Memorial 59/SRCS – Page

2

FISCAL IMPLICATIONS

Senate Joint Memorial 59 carries no appropriation, if enacted, and as such has no direct fiscal

implications, however, *due to implied additional personnel involved in producing extensive re-

search and writing involved in drafting a protocol and rules for tribal consultation and interac-

tion, there may be need for a FTE at the PRC to manage the process and ensure a quality product

is produced.

SIGNIFICANT ISSUES

As indicated in SJM 59, Governor Richardson has taken significant steps to encourage and direct

State agencies to develop, in consultation with New Mexico’s Indian Tribes, Nations, and Pueb-

los, protocol and procedure regarding tribal consultation.

In responding to the critique of collaborative and cooperative procedures between New Mexico’s

Indian Tribes, Nations, and Pueblos, the Public Regulation Commission wishes to bring attention

to a list of several actions and initiatives taken in order to demonstrate their respectful and proac-

tive role in addressing the process, including, but not limited to:

•

PRC Staff met with representatives of Laguna and Acoma Pueblos to assist the Pueblos

with issues relating to supply of electricity for tribal high technology enterprises.

•

The PRC opened Utility Case No. 3588 to explore the unlawful charging of gross re-

ceipts taxes on telephone services on tribal lands.

•

In 2005, Commissioners and PRC Staff met with the Navajo Nation Telecommunica-

tions Regulatory Commission regarding the formation of a telecommunications regula-

tory body.

•

On July 28 and 29, 2005, PRC Commissioners attended the FCC-NCAI ITI Regional

Workshop to discuss key issues in the development of tribal communications services.

•

On August 23, 2005, the PRC received, at a Formal Open Meeting, a visit and presenta-

tion from the Honorable Joe Shirley, President of the Navajo Nation. President Shirley

and other tribal officials and residents have voiced their concerns to the PRC regarding

the unavailability of telephone services.

•

In that regard, the PRC has expedited the Application of Sacred Wind Communications

to address the telecommunications needs of the Navajo people and Chairman Lujan

raised the possibility of holding joint hearings.

•

Chairman Lujan proposed creation of a tribal liaison position at the PRC and a request

for the position was part of the PRC’s 2007 budget request.

•

On January 17, 2006, the PRC referred to mediation a complaint by the Pueblo of Zuni

against Continental Divide Electric Cooperative, Inc., after both the Pueblo and the Co-

operative agreed to mediation.

PERFORMANCE IMPLICATIONS

The PRC has requested a tribal liaison position whose duties would include developing proce-

dures and principles for interactions with tribal and pueblo governments that are respectful and

effective which encourage good communications and foster better relationships.

Senate Joint Memorial 59/SRCS – Page

3

ADMINISTRATIVE IMPLICATIONS

In order to draft a meaningful tribal consultation protocol, the PRC would have to coordinate

with all twenty-two Indian Tribes, Nations, and Pueblo in New Mexico. SJM 59 does not spe-

cifically state that, in developing the requested protocol, the PRC actually consult with the af-

fected Tribes in drafting such protocol. Further, SJM 59 requests that a draft protocol be pre-

sented to the interim Senate Indian Affairs Committee “no later than September 2006.” It is not

clear whether several months (from the date of enactment of this Memorial to September) would

be sufficient time to develop a meaningful protocol.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Senate Joint Memorial 59 is duplicative of House Joint Memorial 60.

TECHNICAL ISSUES

Section 8-8-4(B)(11) NSMA 1978, the Public Regulation Commission Act, requires cooperation

of the public regulation commission with tribal governments on topics over which the commis-

sion has jurisdiction and to conduct joint investigations, hold joint hearings and issue joint or

concurrent orders with tribal governments.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

The interaction and collaboration of these groups will remain at the current level.

PD/mt:yr