SJR97: Joint Resolution Text

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2007 - 2008 LEGISLATURE

2007 Senate JOINT RESOLUTION 97

March 4, 2008 - Introduced by Senators Jauch, Robson, Harsdorf, Plale, Miller, Kreitlow, Vinehout, Coggs, Lehman, Taylor, Wirch, Carpenter, Risser, Breske, Decker, Hansen, Darling and Schultz, cosponsored by Representatives Musser, Soletski, Mursau, Sherman and Grigsby. Referred to Committee on Senate Organization.

SJR97,1,2 Relating to: state recognition of the sovereign status of federally recognized American Indian tribes and bands.

SJR97,1,7 Whereas, article I, section 8, of the U.S. Constitution gives Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes," thus recognizing American Indian tribes and bands as separate and independent political communities within the territorial boundaries of the United States; and

SJR97,1,12 Whereas, the U.S. Supreme Court has interpreted the U.S. Constitution as recognizing the sovereignty of American Indian tribes and bands by classifying treaties between the United States and American Indian tribes as part of the "supreme law of the land," and by establishing Indian affairs as a unique area of federal concern; and

SJR97,1,14 Whereas, Congress has enacted measures that promote tribal economic development and tribal self-government and self-determination; and

SJR97,2,17 Whereas, previous U.S. presidents have affirmed tribal sovereignty and, thus, the rights of American Indian tribes and bands in the following ways: President Lyndon B. Johnson recognized "the right of the first Americans ... to freedom of choice and self determination"; President Nixon strongly encouraged "self-determination" among American Indian people; President Reagan pledged "to pursue the policy of self-government" for American Indian tribes and reaffirmed "the government-to-government basis" for dealing with American Indian tribes; President George Bush stated that a government-to-government relationship between the American Indian tribes and the federal government was "the cornerstone of [his] Administration's policy of fostering tribal self-government and self-determination"; President Clinton issued an executive order to strengthen the United States' government-to-government relationships with American Indian tribes and to establish regular and meaningful consultation and collaboration with tribal officials in the development of federal policies that have tribal implications; and President George W. Bush issued a proclamation indicating that his administration will "continue to honor tribal sovereignty by working on a government-to-government basis with American Indians"; and

SJR97,2,25 Whereas, Governor Jim Doyle issued Executive Order #39 on February 27, 2004, recognizing the unique status of American Indian tribes and their right to existence, self-government, and self-determination and directing cabinet agencies to recognize the unique legal, government-to-government relationship between the state of Wisconsin and American Indian tribes, to take tribal interests into account when administering formerly federal programs and, when feasible and appropriate, to consult with tribal governments regarding state actions anticipated to directly affect an American Indian tribe or its members; and

SJR97,3,3 Whereas, the Wisconsin legislature is committed to strengthening and assisting tribal governments in their development and to promoting tribal self-governance; and

SJR97,3,7 Whereas, the Wisconsin legislature supports and is committed to the enforcement of the Indian Civil Rights Act of 1968 (25 USC 1301 and following), which safeguards tribal sovereignty while simultaneously ensuring that the civil rights of American Indians are protected; and

SJR97,3,10 Whereas, the Wisconsin legislature wishes to promote positive government-to-government relations between the state of Wisconsin and each of the federally recognized American Indian tribes and bands in this state; and

SJR97,3,13 Whereas, the Wisconsin legislature recognizes and respects tribal customs and traditions and considers it important that state government work to preserve tribal cultures; and

SJR97,3,16 Whereas, tribal governments are now able to provide tribal members with better health care services, education, job training, employment opportunities, and other basic essentials; now, therefore, be it

SJR97,3,18 Resolved by the senate, the assembly concurring, That the Wisconsin legislature:

SJR97,3,22 (1) Affirms state recognition of the sovereign status of federally recognized American Indian tribes and bands as separate and independent political communities within the territorial boundaries of the United States to the fullest extent provided by federal law;

SJR97,3,25 (2) Encourages all state departments and agencies, when engaging in activities or developing policies affecting American Indian tribal rights or trust resources, to do so in a knowledgeable manner that is respectful of tribal sovereignty;

SJR97,4,3 (3) Encourages all state departments and agencies to continue to reevaluate and improve the implementation of laws that affect American Indian tribal rights; and

SJR97,4,5 (4) Encourages future governors to reaffirm and continue the policies specified in Executive Order #39; and, be it further

SJR97,4,10 Resolved, That the senate chief clerk shall provide copies of this joint resolution to all federally recognized American Indian tribes and bands in Wisconsin, the governor, the departments and agencies in the executive branch, members of Congress representing Wisconsin, and the President of the United States.

SJR97,4,11 (End)