44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO INDIAN AFFAIRS; REORGANIZING THE NEW MEXICO OFFICE OF INDIAN AFFAIRS; CREATING THE COMMISSION ON INDIAN AFFAIRS AND OFFICES OF INDIAN AFFAIRS; AMENDING AND ENACTING CERTAIN SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 28-12-4 NMSA 1978 (being Laws 1975 (S.S.), Chapter 11, Section 1) is amended to read:

"28-12-4. [NEW MEXICO OFFICE OF] COMMISSION ON INDIAN AFFAIRS CREATED--MEMBERSHIP--TERMS--VACANCIES.--

[A. There is created as an agency of New Mexico a commission to be known as the "New Mexico office of Indian affairs", hereinafter called the "commission"]

A. The "commission on Indian affairs" is created. It is administratively attached to the human services department.

B. [Members of the commission shall be appointed by the governor for staggered terms of four years, with the initial commission to be composed of three members appointed for terms ending on June 30, 1976, three members appointed for terms ending on June 30, 1978 and four members appointed for terms ending on June 30, 1980. Thereafter] Members of the commission shall be appointed for terms of four years or less and shall be appointed in such a manner that the terms of three members expire on June 30 of each even-numbered year. Vacancies shall be filled by appointment of the governor for the unexpired term [and such]. Appointments to fill vacancies [or to succeed a member whose term has expired and, in the case of an Indian member, shall be made from the same Indian tribe or pueblo council that their predecessors were appointed from. At the time of making the appointment] shall maintain the balance of membership prescribed by this section. The governor shall designate the chairman.

C. Members of the commission shall be residents of New Mexico [and shall consist of three Pueblo Indians, three Navajo Indians, two Apache Indians, and may be appointed by the governor from lists of names submitted by the all Indian pueblo council, the Jicarilla and Mescalero tribal councils and the eastern Navajo tribal council, and two non-Indians]. The commission shall have ten members appointed by the governor. Three members shall be members of pueblos chosen from suggestion submitted to the governor by the pueblo councils of the nineteen pueblos in the state. One member shall represent the eight northern pueblos, one member shall represent the seven pueblos located in Sandoval county and one member shall represent the remaining four pueblos. Three members shall be members of the Navajo nation chosen from suggestions submitted to the governor by the president of the Navajo nation. There shall be a member each appointed from the eastern Navajo agency, the Shiprock agency and the Fort Defiance agency. No two appointments made from the Navajo nation may be from the same agency. One member shall be appointed from the Mescalero Apache tribe and one member shall be appointed from the Jicarilla Apache tribe. The final two members shall be a Native American representing the urban Indian population in New Mexico and a non-Indian.

D. When a member of the commission fails to carry out the duties of his office, any five commission members [shall] may recommend to the governor the removal and replacement of [such] that member.

E. As used in this section, "commission" means the commission on Indian affairs."

Section 2. Section 28-12-6 NMSA 1978 (being Laws 1955, Chapter 162, Section 3, as amended) is amended to read:

"28-12-6. ORGANIZATION OF COMMISSION--OFFICERS--MEETINGS--EXECUTIVE DIRECTOR.--The commission shall organize by the election of a vice chairman and a secretary and by the adoption of rules and regulations pertinent to the conduct of the business of the commission. A record shall be kept of all proceedings and transactions. The commission shall meet at least once each quarter at [such] a time and place [as may be] determined by the commission and shall hold [such] other meetings as may be called by the chairman. A majority of the commission membership [shall constitute] constitutes a quorum. The commission shall appoint an executive director [who shall act as the administrative officer of the commission] of the office of Navajo affairs, an executive director of the office of Apache affairs and an executive director of the office of Pueblo affairs. The executive directors shall administer their offices pursuant to direction from the commission and shall provide all staffing necessary for the commission. The commission shall set the rates of compensation for the executive directors."

Section 3. [NEW MATERIAL] OFFICES OF INDIAN AFFAIRS CREATED.--The "office of Navajo affairs", the "office of Apache affairs" and the "office of Pueblo affairs" are created and are administratively attached to the human services department. These offices shall perform the duties assigned to them by law or delegated to them by the commission.

Section 4. [NEW MATERIAL] OFFICE OF NAVAJO AFFAIRS--DUTIES.--The office of Navajo affairs shall:

A. act as liaison between the state and the Navajo nation;

B. administer the capital improvement and program funds appropriated to it for capital improvements within subdivisions of the Navajo nation in New Mexico;

C. act as staff to the commission on Indian affairs;

D. provide information to the legislature as requested;

E. assist the Navajo nation, when requested, to present matters of concern to the legislature or agencies of the executive branch to be resolved by informal discussion with an agency, formal action by an agency or by legislative action; and

F. carry out the duties delegated to it by the commission on Indian affairs.

Section 5. [NEW MATERIAL] OFFICE OF APACHE AFFAIRS--DUTIES.--The office of Apache affairs shall:

A. act as liaison between the state and the two Apache tribes in New Mexico;

B. administer the capital improvement and program funds appropriated to it for capital improvements within the Mescalero and Jicarilla Apache tribes;

C. act as staff to the commission on Indian affairs;

D. provide information to the legislature as requested;

E. assist the Jicarilla Apache tribe and the Mescalero Apache tribe, when requested, to present matters of concern to the legislature or agencies of the executive branch to be resolved by informal discussion with an agency, formal action by an agency or by legislative action; and

F. carry out the duties delegated to it by the commission on Indian affairs.

Section 6. OFFICE OF PUEBLO AFFAIRS--DUTIES.--The office of Pueblo affairs shall:

A. act as liaison between the state and the nineteen pueblos in New Mexico;

B. administer the capital improvements and program funds appropriated to it for capital improvements within the pueblos;

C. act as staff to the commission on Indian affairs;

D. provide information to the legislature as requested;

E. assist the pueblos, when requested, to present matters of concern to the legislature or agencies of the executive branch to be resolved by informal discussion with an agency, formal action by an agency or by legislative action; and

F. carry out the duties delegated to it by the commission on Indian affairs.

Section 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.