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SENATE RULES COMMITTEE SUBSTITUTE FOR

SENATE JOINT MEMORIAL 59

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

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SRC/SJM 59

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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, 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

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SRC/SJM 59

.162410.1

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

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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