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.161935.4
HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
HOUSE JOINT MEMORIAL 60
47
TH LEGISLATURE
- STATE OF NEW MEXICO -
SECOND SESSION
, 2006
A JOINT MEMORIAL
REQUESTING THE PUBLIC REGULATION COMMISSION TO DEVELOP A TRIBAL
CONSULTATION PLAN.
WHEREAS, the significance of state-tribal relations has
been recognized repeatedly by New Mexico governors and elected
representatives; and
WHEREAS, the state of New Mexico has recognized through
agreements, protocols, treaties and laws the need for respect
for the Indian nations, tribes and pueblos in New Mexico; and
WHEREAS, in February 2005, Governor Bill Richardson issued
an executive order requiring seventeen state agencies to adopt
formal plans for interactions with tribal governments, tribal
communities and tribal members within New Mexico and
encouraging all other state agencies to prepare a pilot tribal
consultation plan consistent with the order; and
WHEREAS, also in February 2005, Governor Bill Richardson
by executive order required eight state agencies to develop
tribal consultation polices on the protection of sacred places
and repatriation; and
WHEREAS, in 2003, Governor Bill Richardson entered into
agreement on a statement of principles and process, agreed to
by the nineteen pueblos, the Navajo Nation and the Mescalero
pg_0002
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HCPAC/HJM 60
.161935.4
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Apache Tribe, that called for an "open-door policy" for voicing
concerns and committed to legislative and administrative
consultation prior to action affecting tribal governments; and
WHEREAS, in 1996, former Governor Gary Johnson entered
into a statement of principles and policy with tribal
governments and aspired to government-to-government
relationships dedicated to open communications "based on mutual
respect"; and
WHEREAS, the public regulation commission seeks to
cooperate with tribal governments on topics over which the
commission has jurisdiction and to conduct joint
investigations, hold joint hearings and issue joint or
concurrent orders with tribal governments;
NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF NEW MEXICO that the public regulation commission be
respectfully requested to develop a tribal consultation plan or
protocol in conjunction with the Indian affairs department for
interactions with tribal governments, setting forth procedures
and principles for interactions that are respectful and
effective and that encourage good communication and foster good
relationships; and
BE IT FURTHER RESOLVED that the public regulation
commission report to the interim legislative Indian affairs
committee during the 2006 interim, presenting at that time the
tribal consultation plan or protocol developed and adopted by
the commission in conjunction with the Indian affairs
department that ensures respectful, effective interactions
between the commission and the Indian nations, tribes and
pueblos and that encourages good communication and fosters good
relationships; and
BE IT FURTHER RESOLVED that copies of this memorial be
transmitted to the governors of all of the pueblos in New
pg_0003
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HCPAC/HJM 60
.161935.4
Mexico, the presidents of the Navajo Nation and the Mescalero
Apache Tribe, the commissioners of the public regulation
commission and the secretary of Indian affairs.
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