HOUSE JOINT MEMORIAL 1

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Ray Begaye

FOR THE INDIAN AFFAIRS COMMITTEE

A JOINT MEMORIAL

REQUESTING THE INDIAN AFFAIRS DEPARTMENT TO DRAFT A PROTOCOL AND PROMULGATE RULES FOR CONSULTATION WITH TRIBAL ENTITIES.

     WHEREAS, the state of New Mexico and Indian nations, tribes and pueblos within New Mexico recognize and respect each other's sovereignty; and

     WHEREAS, the constitution of New Mexico recognizes the sovereign authority of Indian nations, tribes and pueblos under Article 21, Section 2; and

     WHEREAS, the governor has issued Executive Orders Nos. 2005-003 and 2005-004 directing the development of a tribal consultation policy and the adoption of pilot tribal consultation plans; and

     WHEREAS, the interim Indian affairs committee has heard testimony during the 2005 interim that consultation between federal, state and local governments and tribal entities regarding certain projects has not been meaningful; and

     WHEREAS, in recent cases before the cultural properties review committee of the cultural affairs department, project proponents have been required to engage in further consultation with tribal entities regarding the impact of those projects on lands sacred to those tribal entities; and

     WHEREAS, without clear guidelines, any required consultation between federal, state and local governments and tribal entities on issues of mutual importance can be perfunctory and meaningless; and

     WHEREAS, the development of a protocol for meaningful consultation between federal, state and local governments and tribal entities and implementation of that protocol by rules promulgated by the Indian affairs department could serve as a useful guide to the process of meaningful consultation with tribal entities;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the Indian affairs department be requested to draft a protocol for meaningful consultation between federal, state and local governments and tribal entities and implement that protocol through the promulgation of appropriate rules, which protocol will provide guidelines for a process of meaningful consultation with tribal entities; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of Indian affairs, the governor, the cultural properties review committee and leaders of all tribal entities within New Mexico.

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