HOUSE MEMORIAL 109

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Sandra D. Jeff

A MEMORIAL

REQUESTING THE UNITED STATES CONGRESS AND EXECUTIVE BRANCH TO TREAT TRIBAL GOVERNMENTS AS STATES FOR THE PURPOSES OF APPROPRIATIONS AND ASSISTANCE RELATED TO EMERGENCY MANAGEMENT SERVICES.

     WHEREAS, the focus of the United States government has changed dramatically after the terrorist attacks of September 11, 2001, and the United States congress has acted to provide unprecedented levels of funding for bioterrorism prevention, public health and safety, border security and other homeland security initiatives; and

     WHEREAS, congress has largely overlooked the need for Indian country to be included in the evolving national strategy for homeland security and has failed to provide funding to Indian tribes, the bureau of Indian affairs or the Indian health service to participate in homeland security initiatives; and

     WHEREAS, tribal governments are responsible for providing for the health, safety and welfare of tribal citizens; and

     WHEREAS, tribal governments must strengthen governmental structures and infrastructure to provide an immediate response to emergency situations and to protect the health, safety and welfare of tribal members, as well as other citizens who reside or are visitors on reservations; and

     WHEREAS, congress has acted to make billions in homeland security funding available to states and local governments without any mandates for the inclusion of Indian tribal governments in these new programs; and

     WHEREAS, United States Senate Resolution 578 and United States House Resolution 2242 add "Indian Tribes" to all sections of the Homeland Security Act where "states" are referred to; and

     WHEREAS, that legislation also contains tribal inherent sovereignty jurisdictional statements; and

     WHEREAS, the secretary of the United States department of homeland security has recognized that tribal interests are a necessary and integral part in developing regulatory policies and recommending grant procedures for tribes; and

     WHEREAS, the United States has a unique and legal relationship with American Indian and Alaska Native people, which serves as the basis for the federal government's trust, responsibility and obligations; and this government-to- government relationship is a well-settled principle of federal Indian law that is reflected in the United States constitution and expressed in treaties, executive agreements and orders, statutes and hundreds of federal court decisions; and

     WHEREAS, there are also moral components to the relationship that has been described as a "mutuality of obligations" between the United States and tribal governments;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the Obama administration and United States congress be requested to take immediate actions to ensure Indian tribal governments are treated as states for planning, consultation, coordination and eligibility for grant money and funds to improve capacity and help prepare, prevent and respond to activities affecting public safety and other related purposes; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the president of the United States and the New Mexico congressional delegation.

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