AJR90: Joint Resolution Text

LRB-4263/1

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2001 - 2002 LEGISLATURE

2001 Assembly JOINT RESOLUTION 90

February 5, 2002 - Introduced by Joint Legislative Council. Referred to Committee on Government Operations.

AJR90,1,1 Relating to: policy of executive branch consultation with tribal governments.

Joint legislative council prefatory note: This joint resolution was prepared for the joint legislative council's special committee on state-tribal relations.

This joint resolution encourages the governor to develop and implement a consultation policy under which state executive branch agencies: (1) ensure meaningful and timely input by tribal officials in developing state policies and programs that have a substantial and direct effect on: (a) one or more American Indian tribes or bands in the state; (b) American Indians in the state; or (c) the relationship between state government and the American Indian tribes and bands in the state; and (2) identify key personnel in the agency who are responsible for coordination with tribal governments and have them meet on a regular basis with tribal officials regarding issues of mutual interest. The joint resolution also encourages the governor to promote positive government-to-government relations between the state and the American Indian tribes and bands in the state.

AJR90,1,3 Whereas, there are 11 federally recognized American Indian tribes and bands in this state, each with a unique history and unique concerns; and

AJR90,1,5 Whereas, each of these tribes and bands is a separate and independent political community with its own government and is distinct and separate from the state; and

AJR90,1,9 Whereas, tribal governments in this state administer many programs, including state programs, that provide benefits to tribal members and nontribal members, such as child welfare services, health care services, social services, environmental protection, education, and law enforcement; and

AJR90,2,2 Whereas, there is a need for governments to discuss matters of mutual concern in a government-to-government relationship; and

AJR90,2,5 Whereas, the American Indian tribes and bands in this state and the state of Wisconsin should have a mutual respect for each other and strive to improve communications on issues of mutual concern; and

AJR90,2,8 Whereas, decisions by state agencies that affect tribal governments or American Indians would be better informed if they were based on a consideration of views of tribal government before the decisions were made; and

AJR90,2,11 Whereas, actions of state government can, and often do, affect the functioning of tribal governmental programs, and these effects may be unintended and unanticipated by the state; and

AJR90,2,15 Whereas, these unintended and unanticipated effects may be detrimental to tribal government and, thus, to residents of this state inasmuch as a well-functioning tribal government is beneficial not only to tribal members but also to all residents of this state; and

AJR90,2,17 Whereas, these unintended and unanticipated effects may be avoided by consultation between state and tribal officials; and

AJR90,2,20 Whereas, several previous U.S. presidents have affirmed the importance of government-to-government relations between American Indian tribes and the federal government; and

AJR90,2,22 Whereas, Congress has enacted measures that promote tribal self-government and self-determination; and

AJR90,3,2 Whereas, President Clinton issued an executive order to establish regular and meaningful consultation and collaboration with tribal officials in the development of federal policies that have tribal implications and the federal Department of Interior's Bureau of Indian Affairs has developed a government-to-government consultation policy; and

AJR90,3,7 Whereas, the states of Oregon and Washington have recognized the importance of promoting government-to-government relations between state government and tribal governments and have developed consultation processes to seek consultation with representatives of tribal governments in developing policies and program activities that affect American Indian tribes in those states; and

AJR90,3,11 Whereas, a consultation process can assist in resolving potential conflicts, maximize key intergovernmental relations, and enhance an exchange of ideas and resources for the greater good of all Wisconsin residents, whether tribal members or not; and

AJR90,3,14 Whereas, the Wisconsin legislature wishes to promote positive government-to-government relations between the state of Wisconsin and the American Indian tribes and bands in this state; now, therefore, be it

AJR90,3,17 Resolved by the assembly, the senate concurring, That the Wisconsin legislature encourages the governor to develop and implement a consultation policy under which state executive branch agencies:

AJR90,3,20 (1) Ensure meaningful and timely input by representatives of tribal government in developing state policies and programs that have a substantial and direct effect on:

AJR90,3,21 (a) One or more American Indian tribes or bands in this state;

AJR90,3,22 (b) American Indians in this state; or

AJR90,3,24 (c) The relationship between state government and the American Indian tribes and bands in this state; and

AJR90,4,3 (2) Identify key personnel in the agency who are responsible for coordination with tribal governments and have them meet on a regular basis with tribal officials regarding issues of mutual interest; and, be it further

AJR90,4,6 Resolved, That the Wisconsin legislature encourages the governor to promote positive government-to-government relations between the state and the American Indian tribes and bands in this state; and, be it further

AJR90,4,10 Resolved, That the assembly chief clerk shall provide copies of this joint resolution to the governor, the departments and agencies in the executive branch, and the chairs of all of the federally recognized American Indian tribes and bands in this state.

AJR90,4,11 (End)