2003 - 2004 LEGISLATURE
June 27, 2003 - Introduced by Representatives Musser, Pettis, Sherman,
Ainsworth, Black, Albers, Bies, J. Lehman, Lothian, Miller, Gunderson,
Krawczyk, McCormick, Ott, Weber, Van Roy
and Turner, cosponsored by
Senator Schultz. Referred to Committee on Government Operations and
Spending Limitations.
AJR40,1,1 1Relating to: policy of executive branch consultation with tribal governments.
AJR40,1,32 Whereas, there are 11 federally recognized American Indian tribes and bands
3in this state, each with a unique history and unique concerns; and
AJR40,1,54 Whereas, each of these tribes and bands is a separate and independent political
5community with its own government and is distinct and separate from the state; and
AJR40,1,96 Whereas, tribal governments in this state administer many programs,
7including state programs, that provide benefits to tribal members and nontribal
8members, such as child welfare services, health care services, social services,
9environmental protection, education, and law enforcement; and
AJR40,1,1110 Whereas, there is a need for governments to discuss matters of mutual concern
11in a government-to-government relationship; and
AJR40,1,1412 Whereas, the American Indian tribes and bands in this state and the state of
13Wisconsin should have a mutual respect for each other and strive to improve
14communications on issues of mutual concern; and
1Whereas, decisions by state agencies that affect tribal governments or
2American Indians would be better informed if they were based on a consideration of
3views of tribal government before the decisions were made; and
AJR40,2,64 Whereas, actions of state government can, and often do, affect the functioning
5of tribal government programs, and these effects may be unintended and
6unanticipated by the state; and
AJR40,2,107 Whereas, these unintended and unanticipated effects may be detrimental to
8tribal government and, thus, to residents of this state inasmuch as a
9well-functioning tribal government is beneficial not only to tribal members but also
10to all residents of this state; and
AJR40,2,1211 Whereas, these unintended and unanticipated effects may be avoided by
12consultation between state and tribal officials; and
AJR40,2,1513 Whereas, several previous U.S. presidents have affirmed the importance of
14government-to-government relations between American Indian tribes and the
15federal government; and
AJR40,2,1716 Whereas, Congress has enacted measures that promote tribal self-government
17and self-determination; and
AJR40,2,2218 Whereas, President Clinton issued an executive order to establish regular and
19meaningful consultation and collaboration with tribal officials in the development
20of federal policies that have tribal implications and the federal Department of
21Interior's Bureau of Indian Affairs has developed a government-to-government
22consultation policy; and
AJR40,3,223 Whereas, the states of Oregon and Washington have recognized the importance
24of promoting government-to-government relations between state government and
25tribal governments and have developed consultation processes to seek consultation

1with representatives of tribal governments in developing policies and program
2activities that affect American Indian tribes in those states; and
AJR40,3,63 Whereas, a consultation process can assist in resolving potential conflicts,
4maximize key intergovernmental relations, and enhance an exchange of ideas and
5resources for the greater good of all Wisconsin residents, whether tribal members or
6not; and
AJR40,3,97 Whereas, the Wisconsin legislature wishes to promote positive
8government-to-government relations between the state of Wisconsin and the
9American Indian tribes and bands in this state; now, therefore, be it
AJR40,3,12 10Resolved by the assembly, the senate concurring, That the Wisconsin
11legislature encourages the governor to develop and implement a consultation policy
12under which state executive branch agencies:
AJR40,3,1513 (1) Ensure meaningful and timely input by representatives of tribal
14government in developing state policies and programs that have a substantial and
15direct effect on:
AJR40,3,1616 (a) One or more American Indian tribes or bands in this state;
AJR40,3,1717 (b) American Indians in this state; or
AJR40,3,1918 (c) The relationship between state government and the American Indian tribes
19and bands in this state; and
AJR40,3,2220 (2) Identify key personnel in the agency who are responsible for coordination
21with tribal governments and have them meet on a regular basis with tribal officials
22regarding issues of mutual interest; and, be it further
AJR40,3,25 23Resolved, That the Wisconsin legislature encourages the governor to promote
24positive government-to-government relations between the state and the American
25Indian tribes and bands in this state; and, be it further
1Resolved, That the assembly chief clerk shall provide copies of this joint
2resolution to the governor, the departments and agencies in the executive branch,
3and the chairs of all of the federally recognized American Indian tribes and bands
4in this state.
AJR40,4,55 (End)