SENATE JOINT MEMORIAL 59

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

INTRODUCED BY

Leonard Tsosie

A JOINT MEMORIAL

URGING THE PUBLIC REGULATION COMMISSION TO DEVELOP PROTOCOLS FOR RESPECTFUL INTERACTIONS WITH TRIBAL GOVERNMENTS.

     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 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, concern that all New Mexico agencies act in accordance with law and policy leads legislators to question whether some agencies do not fully understand the significance of the need for respect toward Indian nations, tribes and pueblos within New Mexico's boundaries; and

     WHEREAS, the public regulation commission, unlike many other state agencies, has never adopted a protocol for formal government-to-government relationships between itself and tribal governments; and

     WHEREAS, the public regulation commission is required by rule 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; and

     WHEREAS, certain Indian nations, tribes and pueblos have been dissatisfied with interactions that evince, at best, a lack of understanding of the nature of tribal sovereignty and, at worst, a lack of respect by the public regulation commission for tribal sovereignty; and

     WHEREAS, reports from Indian nations, tribes and pueblos show concern that the public regulation commission believes that tribes are subject to the authority and regulation of the public regulation commission rather than that they are sovereign entities that must be negotiated with when an issue of regulation on their land arises; and

     WHEREAS, Indian nations, tribes and pueblos have the expectation that their leaders are entitled to the respect, consideration and consultation that would be accorded a public official from any jurisdiction, not merely a subdivision of the state, and over which the public regulation commission has limited, if any, jurisdiction; and

     WHEREAS, significant relationships deserve attention, respect and emphasis, and state agency interactions with sovereign governments are significant relationships;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the public regulation commission be urged to develop a protocol for interactions with tribal governments immediately, 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 no later than September 2006, presenting at that time the protocol developed and adopted by the commission 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 Mexico, the presidents of the Navajo Nation and the Mescalero Apache Tribe and the commissioners of the public regulation commission.

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