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

SPONSOR Begay

ORIGINAL DATE

LAST UPDATED

1-18-2007

HB 99

SHORT TITLE TRIBAL LIBRARY APPROPRIATIONS

SB

ANALYST Dearing

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$1,330.0

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Education Department (PED)

Cultural Affairs Department (CAD)

Department of Finance and Administration (DFA)

Indian Affairs Department (IAD)

SUMMARY

Synopsis of Bill

House Bill 99 appropriates $1.33 million from the general fund to department of Cultural Affairs

for the purpose of providing salary and operation support to nineteen tribal libraries.

FISCAL IMPLICATIONS

The appropriation of $1.33 million contained in this bill is a recurring expense to the General

Fund. Any unexpended or unencumbered balance remaining at the end of FY08 shall revert to

the General Fund.

House Bill 99 – Page

2

SIGNIFICANT ISSUES

House Bill 99 would expand the level of contract awards for both the Tribal Library Grant

Program and State Grants In Aid To Public Libraries contracts issued through the State Library.

The Legislature makes numerous appropriations to IAD every year for a variety of tribal and

pueblo projects. The appropriation in House Bill 99 will affect the Acoma, Cochiti, Isleta,

Jemez, Laguna, Okay Owingeh, Pojoaque, San Felipe, Sandia, Santa Ana, Santa Clara, Tesuque,

Zia, and Zuni pueblos. Additionally, funds would be directed to the Navajo Nation and both the

Jicarilla Apache Nation and the Mescalero Apache Tribe.

In these instances, the Indian Affairs Department enters into joint powers agreements (JPA) with

the pueblos or tribes and projects and funding is administered by the department. According to

the department of Finance and Administration, by approving these agreements, the State of New

Mexico has have endorsed the position, shared by the Attorney General, that tribal governments

are exempt from the Anti-Donation Clause, since they are sovereign governmental entities. In

addition, state agencies may to donate real property to tribal governments through authorizing

language found in Section 13-6-2(b) -1 NMSA 1978.

The appropriation request could help promote literacy within tribal communities. This

appropriation seeks to address a gap in the educational opportunities afforded tribal communities

within New Mexico.

Section 4.5.2 of New Mexico of administrative code contains distribution criteria, for 7 grant

awards assisting operations and acquisition needs. The grants are intended to develop libraries

by supplementing local efforts, and NMAC provides differing grant process for the multiple

categories libraries fall into concerning their development status.

New Mexico Tribal Library Status

Full-Public Library Developing Potential Library

Isleta Pueblo Library Resource Center

9

Jemez Pueblo Community Library

9

Jicarilla Public Library

9

Laguna Public Library

9

Pojoaque Pueblo Community Library

9

Santa Ana Pueblo Community Library

9

Santa Clara Pueblo Community Library

9

Atsa Library, branch of Farmington Public Library, Shiprock

9

Zia Enrichment Library

9

Zuni Public Library

9

Acoma Learning Center

9

Cochiti Pueblo Community Library

9

Sandia Pueblo Learning Resource Center

9

San Felipe Pueblo Library

9

Navajo Community Library

9

Mescalero Community Library

9

Santo Domingo Pueblo Library

9

Table 1. Tribal Libraries development status; Indian Affairs Department.

House Bill 99 – Page

3

PERFORMANCE IMPLICATIONS

If enacted, the LFC requests that the State Library report on the distribution of funding and

submit specific program goals and criteria for assessing the effectiveness of these grants.

TECHNICAL ISSUES

Under 4.5.2.16 of New Mexico administrative code, grants to Tribal or other private libraries

must be made by contract or agreement between the Indian nation or the private entity and the

state library.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

If House Bill 99 is not enacted, 19 tribal libraries will not receive operational funding from the

general fund.

POSSIBLE QUESTIONS

If enacted, will this funding altogether replace existing operational funding provided through

local governments and Tribal Nations.

PD/mt