New Mexico Indian Affairs Department January 2009 Welcome to the 2009 Legislative Session! MESSAGE FROM CABINET SECRETARY ALVIN WARREN As we embark on the 2009 New Mexico Legislative Session we have chosen to use this edition of I-News to reflect on the complex history that has brought us to this point in statetribal relations as well as to look forward at the opportunities to build on the progress that has been made. I - N ew s The interview with former Cochiti Governor Regis Pecos, Chief of Staff to Speaker of the House of Representatives Ben Lujan and the article by Mr. Bernie Teba, Tribal Liaison at the Children, Youth and Families Department, provide rare and valuable insights into the series of legal and political milestones that have defined the present relationship between the State of New Mexico and the 22 sovereign Indian nations, tribes and pueblos. At each turn there have been a number of visionary and courageous leaders who sought to move away from conflict and create agreements and systems that would foster greater collaboration between the state and tribal governments. Tribal sovereignty and self-determination The inherent sovereignty of Indian tribes is recognized in the U.S. Constitution and further reinforced by numerous treaties, federal legislation and court decisions. Particularly since the 1970’s, with the shift in federal Indian policy to one of tribal self-determination, tribal governments have increasingly exercised their powers of self-governance and developed institutions to protect and promote their interests. For example, federal laws such as the 1975 Indian Self-Determination and Education Assistance Act reaffirmed tribal self-determination and self-governance and resonated with the fundamental American belief that local problems are best solved at the local level. Cont. on p. 6 Left to right: Mark Holyan, Policy Analyst; Christina Stick, Policy Analyst; Francine Hatch, Senior Policy Analyst; and Cabinet Secretary for Indian Affairs Alvin Warren. The Legislative Process at the Indian Affairs Department Policy Unit By Christina Stick, IAD Policy Analyst The Indian Affairs Department’s Policy Unit is now busily engaged with the 2009 Legislative Session. The sixty day Session, which started January 20, and runs through March 21, promises to be fastpaced and interesting. The Legislature is introducing numerous bills to create new laws and support programs and services important to communities around the state. Legislators, both representatives and senators, work with their communities to identify priorities and create legislation that will help communities fund schools and libraries, build roads and infrastructure, create shelters for families and adults, and other important services to their everyday life. Once these bills are written, a representative or a senator will introduce them to the Legislature for consideration. Bills are then evaluated by different committees depending on the bill’s subject, and if a bill passes the committee, it gets voted on by either the House of Representatives or the Senate. After a bill passes one house, it gets sent to the other, and the process starts over again. Cont. on p. 4 1 I - N ew s The State-Tribal Collaboration Act legislature. It is important to note that the bill does not give tribes a right or review of agency action. As the state and the tribes share a range of comThe proposed State-Tribal Collaboration Act (“Act”) represents the shared interests and combined effort mon interests, the formalization of tribal collaboration poliof both state and tribal government in recognizing the im- cies by all cabinet-level state agencies will improve cooperation and communication between the state and tribal portance of maintaining respectful and open communicagovernments to address these shared issues. This Act, tion and cooperation on issues of mutual interest or concern. The Act builds on Governor Richardson’s Statement which will be introduced by Senator John Pinto, is among Governor Richardson’s priority bills, has been endorsed by of Policy and Process and Executive Order 2005-004, which were the first steps in institutionalizing formal gov- the New Mexico Interim Indian Affairs Committee and has the support of the All-Indian Pueblo Council, the Navajo ernment-to-government relationships. Since then, tribal Nation, the Mescalero Apache Tribe, several individual consultation has proven effective in developing state agency capacity and has led to increasing mutually benefi- Pueblos, the New Mexico Indian Affairs Commission, the Albuquerque Indian Center and many others. cial intergovernmental relationships. The purpose of the Act is to provide for greater consistency across all cabinetlevel agencies and to ensure that effective government-toSenate Indian and Cultural Affairs Committee government collaboration and communication continues in future administrations. Sen. John Pinto, Chairman (505-986-4835) Sen. Eric G. Griego, Vice-Chairman (505-986-4862), The Act also provides for an Annual Summit between the Governor and all twenty-two tribal leaders which egriego@yahoo.com Timothy Z. Jennings (505-986-4733) will promote true government-to-government dialogue on Sen. Sen. Lynda M. Lovejoy (505-986-4310), lynda.lovejoy@nmlegis.gov issues of mutual interest. In addition, the Act will ensure Sen. Cisco McSorley (505-986-4485), cisco.mcsorley@nmlegis.gov that all cabinet-level agencies create, with the Indian AfSen. William H. Payne (505-986-4703), william.payne@nmlegis.gov fairs Department’s (“IAD”) assistance, policies for promot- Sen. Stuart Ingle (505-986-4702), stuart.ingle@nmlegis.gov ing effective communication, collaboration and positive government-to government relations between that state agency and tribal governments. These agencies will also 2009 marks the 40th Anniversary of the American be required to designate a tribal liaison who reports directly Indian Graduate Center (AIGC). If you are an to the office of the secretary and who will assist the agency with complying with the Act. Currently, eighteen cabinet- AIGC alumna or alumnus or know one, please visit www.aigcs.org and click on AIGC Alumni level state agencies have adopted tribal consultation policies and sixty tribal liaisons or agency contacts have been Connection and update your information. Information can also be updated by calling designated in twenty-eight such agencies. Additionally, the Act requires that all state agency (505) 881-4584. managers and employees who have ongoing communication with tribes complete a training, provided by the State Personnel Office in collaboration with IAD, on promoting "40th Anniversary effective communication and collaboration between the Kick-Off Event" state agencies and tribes, the development of positive stateSaturday, February 7, 2009, tribal government-to-government relations, and cultural 5:30pm competency in providing effective services to American Albuquerque The Magazine Indians or Alaska Natives. Finally, each agency will be required to submit an 550 Merchantile Avenue, NE, annual report to IAD on the agency’s implementation of Top Floor the Act and their programs and services that directly affect Space is limited so please American Indians and Alaska Natives. IAD will be reRSVP at www.aigcs.org sponsible for compiling these into an annual report that will be submitted to the Governor’s Office and the state By Francine Hatch, IAD Senior Policy Analyst 2 I - N ew s Historic “State-Tribal Collaboration Act” Introduced in New Mexico Senate on January 22 dorsed the bill and there is strong support from the AllIndian Pueblo Council, the Navajo Nation, the Mescalero Apache Tribe, several individual Pueblos as well as the New Mexico Commission on Indian Affairs, the Bernalillo County Off-Reservation Indian Health Commission and the Albuquerque Indian Center. As stated by Isleta Pueblo Governor Robert Benavides, “This Act will improve direct tribal communication with the Governor through an annual summit with tribal leaders, and will further develop tribal communication and collaboration policies by state agencies. The State Tribal Collaboration will enhance reporting on Native American programs administered by the state, and will support the continuation of state agency tribal liaisons in their vital role.” “Strengthening and expanding collaboration between the state and tribal governments through SB 196 will result in better coordination of resources to address shared priorities as well as higher quality services to our more The State-Tribal Collaboration Act was introduced than 200,000 Native American citizens,” said Indian Affairs Secretary Alvin Warren. “The ‘State-Tribal CollaboJanuary 22, 2009, on the Senate floor by Senator John Pinto. Senate Bill 196 would create a statute for effective ration Act’ promises to set another significant milestone in government-to-government communication and collabora- our shared state and tribal endeavor to foster positive government-to-government relations that will benefit all New tion between the state and tribal governments. Mexicans.” “Since taking office, I have made it a priority to Contact: Rima Krisst, Indian Affairs PIO, 505-795-5049 strengthen the relationship between the State of New Mexico and our sovereign tribes,” said Governor Richardson. “The State-Tribal Collaboration Act will further my commitment to Native Americans and provide greater consisSAVE THE DATE! tency across all cabinet-level agencies in working with the PLEASE JOIN US FOR twenty-two tribes, nations, and pueblos in New Mexico, and will ensure productive government-to-government relationships continue into the future.” Senator John Pinto and New Mexico Cabinet Secretary for Indian Affairs Alvin Warren at the State Capitol . Barbara Smith.photo INDIAN DAY “SB 196 will require cabinet-level agencies to develop policies that promote communication and collaboration between the state and tribal governments. Training would also be provided to state employees so they can work effectively to address Native American issues,” said Senator Pinto. “This is a very meaningful and exciting legislative proposal and something we’ve worked toward for a long, long time. I am honored to sponsor this landmark bill.” FEBRUARY 6, 2009 8:30 A.M. TO 12 NOON AT THE NEW MEXICO STATE CAPITOL ROTUNDA EVERYONE IS WELCOME! The Interim Indian Affairs Committee has en3 I - N ew s The Legislative Process at the Indian Affairs Department Policy Unit cont. from p.1 This process can sometimes be long and difficult to navigate, so the IAD Policy Unit works to help make it all more accessible and easier to understand for our Tribal and off-reservation Native American communities. During the session, IAD will provide regular updates on all Indianrelated bills through email and our website. These updates will include information about the bill that will be helpful for understanding what the bill does and where it is in the process of becoming law. Check out the IAD website for this and other important information related to the Legislative Session. Check out the IAD website at www.iad.state.nm.us for Bill Summaries and other important updates! The IAD Policy Unit will also be busy in providing analysis of all Indian-related legislation to the legislature. During the session, IAD will receive requests from the Legislative Finance Committee (“LFC”), an important committee of the Legislature, requesting analysis of a particular bill. These analyses, called a Fiscal Impact Reports (“FIR”), are the bulk of what the Policy Unit will do during the session. It is the Policy Unit’s job to provide accurate and detailed analyses of a bill in the FIR, describing how a bill will benefit or not benefit tribes, Native Americans, and Native American organizations in this state. The Policy Governor Bill Richardson gives his State-of-the-State address to a full Unit tries to provide balanced and fair analyses while still House on January 20, kicking off the 2009 Session! Rima Krisst photo helping legislators understand the important and great needs for infrastructure and services in Tribal and offreservation communities. 2009 Legislative Session Important Dates: The Policy Unit has 24 hours to complete an FIR Jan. 30, 2009: Deadline for capital for the LFC, after which the LFC will take our analysis and outlay reauthorizations combine it with other agencies’ to create a “Public Feb. 6, 2009: Indian Day at the FIR.” This Public FIR will be posted to the Legislative Legislature! website and it is free and available to the public. Check out Feb. 19, 2009: Deadline for introduction of the New Mexico Legislative Website to find the Public bills and capital outlay requests FIRs for all bills introduced during the session and other March 21, 2009: Session Ends (noon) important information about the Legislative Session. Check out the NM Legislative website at www.nmlegis.gov/lcs! April 10, 2009: Bills not acted upon by Governor are pocket vetoed June 19, 2009: Effective date if bills not carrying an emergency clause or other specified date 4 I - N ew s The Amendments to the New Mexico Subdivisions Act Legislation Often Indian tribes, nations and pueblos have information regarding these important public values, particularly when the proposed development is near tribal boundaries or in areas sensitive to them. In some instances, a tribe may become aware of subdivision developments so late in the planning and implementation process that they are left to resort to litigation to ensure protection of public values not identified earlier in the plat approval process. Because subdivisions can similarly have a profound impact on tribal communities regarding water quality and quantity, transportation, erosion, and cultural properties such as archeological sites and unmarked burials, it would further “open government” for New Mexico tribes to receive adequate and timely notice in the early stages of preliminary plat approval. Based on feedback from tribal leaders, boards of county commissioners and other stakeholders, IAD recognized a need for all participants to continue to be proactive participants in this process as well. HB 37 would further this goal by requiring counties to notify tribes of newly proposed or merged subdivision developments. The underlying purpose would be to prevent or mitigate delays or conflicts for any newly proposed or merged subdivision among tribes, counties, and developers. It is important to note that the amendments proposed in HB 37 would not allow tribes to halt proposed subdivisions nor would they change any requirements for developers when providing documentation to support a newly proposed or merged subdivision. They also would not change any duties of the County when considering whether to approve a subdivision’s preliminary plat. HB 37 would simply include tribes in that list of agencies that would be called upon to provide an opinion on the human and environmental impact of a newly proposed or merged subdivision as part of the county’s decisionmaking process. Indeed, some county regulations and/or practices already include tribes as among those agencies from whom a request may be made. The amendments in HB 37 are therefore aligned with the existing trend for the regulatory procedures of some counties. HB 37 will standardize this practice by all Boards of County Commissioners. HB 37 has been endorsed by the New Mexico House Health & Government Affairs Committee Interim Indian Affairs Committee and Rep. Mimi Stewart Chair 986-4840 mstewart@osogrande.com has the support of the All-Indian Pueblo Rep. Jeff Steinborn Vice Chair 986-4248 jeff.steinborn@nmlegis.gov Council, the Mescalero Apache Tribe, Rep. Eleanor Chavez Member 986-4235 eleanorchavez@gmail.com several individual Pueblos, the New Rep. John A. Heaton Member 986-4432 jheaton@caverns.com Rep. Dennis J. Kintigh Member 986-4453 askdennis@dennisknight.com Mexico Indian Affairs Commission, the Rep. Luciano "Lucky" Varela Member 986-4318 County of Santa Fe, the New Mexico Rep. Gloria C. Vaughn Member 986-4453 Association of Counties, and many Rep. Jeannette O. Wallace Member 986-4452 wallwace@losalamos.com others. By Mark Holyan, Policy Analyst The Indian Affairs Department (“IAD”) has been working steadily over the past year to develop new legislation and legislative amendments for this year’s legislative session. In addition to the new State-Tribal Collaboration Act, IAD is proposing amendments to the New Mexico Subdivision Act. The current Subdivision Act provides for the regulation of county subdivision development, and governs the requirements for developers and counties for approving subdivision plans, or plats, as they are known. These regulations provide for responsible development that protects human and environmental interests for everyone as new subdivisions are planned and built. During the tenure of Governor Richardson’s administration much progress has been made to further the government-to-government relationship between the State and the 22 tribes of New Mexico. Related to this process, but at a separate level of government, is the Subdivision Act Amendments (“Amendments”). HB 37, sponsored by Representative Ray Begaye and endorsed by the Interim Indian Affairs Committee, would amend the New Mexico Subdivisions Act to include tribes in the list of agencies notified by Boards of County Commissioners about proposed new or merged subdivisions. Currently, county commissioners are required to request opinions from the Office of the State Engineer, the Department of the Environment, the Department of Transportation, the Soil and Water Conservation District and such other public agencies as a county deems necessary, when considering whether to approve a preliminary plat design. The approval process is meant to ensure that a developer’s preliminary plats have reasonably demonstrated that each subdivision will have: • water of sufficient quantity and quality for the • community, • adequate solid and wastewater removal, • satisfactory roads, • soil conservation to prevent flooding and erosion, and • protection of cultural properties and antiquities such as burials and unmarked graves. 5 I - N ew s MESSAGE FROM CABINET SECRETARY ALVIN WARREN Cont. from p. 1 New Mexico has 22 federally-recognized tribes, nations and pueblos and over 205,000 Native American citizens who comprise nearly 11% of our state’s population. As is true for many other states, state-tribal relations in New Mexico were historically characterized by mutual indifference or conflict over issues such as jurisdiction, natural resources and access to funding. As described in the interview with former Governor Pecos, the establishment of the Commission on Indian Affairs in 1953 and the subsequent creation of the Office of Indian Affairs marked the beginning of new approach to state-tribal relations. This was further strengthened in the 1980’s and 1990’s. As tribes expanded their capacity to exercise selfgovernance and the visibility of tribal governments increased, the interactions between the state and the tribes increasingly were seen as intergovernmental. This coincided with a trend toward “devolution” of certain federal programs to the state level, which compelled state and tribal governments to improve communication in order to ensure funding and services met the needs of a shared Indian constituency. Farsighted tribal and state leaders came to recognize that states and tribes have numerous shared interests and responsibilities, including allocating public resources effectively and efficiently; providing basic services such as health care, education, and law enforcement to their shared citizens; and protecting the environment while striving to develop strong and diversified economies and sustaining a skilled workforce. New institutions were needed to support greater cooperation between fellow governments. A New Era in State-Tribal Relations Governor Bill Richardson and Lt. Governor Diane Denish recognized this need and were committed to building on the initial efforts of several previous governors, beginning with former Governor Toney Anaya. They knew that it is vital to the well-being and prosperity of the State of New Mexico to foster long-lasting and committed relationships with the tribes and to explore opportunities for all parties to pursue collaborative programs and policies. Accordingly, Governor Richardson moved quickly in 2003 to elevate the Office of Indian Affairs to the only Cabinet-level Indian Affairs Department in the United States. Next, also in 2003, he signed an historic Statement of Policy and Process with 21 tribes, nations and pueblos, committing the Executive Branch to: recognize and re- spect the sovereignty of each tribe; promote governmentgovernment relationships based on mutual respect; value open communication and cooperation on issues of shared interest or concern; and, encourage an open-door policy for tribes to have their views seriously considered in the formulation and execution of state policy. To more fully implement the Statement of Policy and Process, Governor Richardson issued Executive Order 2005-004 directing statewide adoption of Pilot Tribal Consultation Plans by 17 state executive agencies. He also signed Executive Order 2005-003 that directed the creation of a statewide consultation policy on the protection of Native American sacred places and repatriation. From a holistic viewpoint, these interwoven policies have proven effective in developing state agency capacity and have led to increasingly beneficial relationships between state and tribal governments. Direct outcomes of Governor Richardson’s tribal policy initiatives include: • 18 state agencies have adopted tribal consultation protocols and policies; • 60 tribal liaisons or agency contacts are currently designated in 28 state agencies; • 142 Native Americans have been appointed to influential state boards and commissions; • State funding to tribes has increased significantly. For instance, since 2003, approximately $124 million in capital outlay funding has been appropriated through IAD for tribal infrastructure projects, with additional amounts flowing to tribes through other agencies; • The Department of Health has created an Office of Native American Health and an American Indian Health Advisory Council, which report on Indian health disparities annually; • A Native American Subcommittee and five Native American Local Collaboratives emphasize tribal needs as part of the state’s redesigned Behavioral Health system; • The state has entered into three water rights settlements with 7 tribes and created a fund to pay the state's share of implementation costs; and, • In economic development, the state has entered into gross-receipts tax-sharing agreements with 9 tribes, and tribal governments and corporations have begun to benefit from the state’s Certified Communities Initiative and Job Training Incentive Program. 6 I - N ew s MESSAGE FROM CABINET SECRETARY ALVIN WARREN It is important to also note that these achievements • couldn’t have happened without the tireless advocacy and support of tribal leadership, New Mexico legislators, and the Indian Affairs Commission. generating annual reports on each agency’s implementation of the Act as well as their programs and services that directly affect American Indians and Alaska Natives. In 2001 the State of Oregon found itself with an opportunity similar to what is before us now in New Mexico. Oregon Governor John Kitzhaber, in 1996, had adopted Executive Order 96-30 to foster positive statetribal relations, similar to Governor Richardson’s Executive Order 2005-004. Oregon’s state and tribal leadership similarly recognized the value of the institutions, agreements and interactions that had been secured pursuant to the Executive Order. Oregon’s Legislative Commission on Indian Services and Governor Kitzhaber knew the time had come to codify these structures so they could continue to benefit Oregon’s citizens into the future. As a result, SB 770 was enacted by the Oregon Legislature on May 11, 2001, and signed into law by Governor Kitzhaber on May 24, 2001. The eight years since enactment of this law have proven the benefit of creating a statutory structure for Governor Richardson’s proposed landmark “State- strong state-tribal collaboration and communication. Tribal Collaboration Act,” endorsed by the Legislature’s Interim Indian Affairs Committee, seeks to accomplish In reflecting on the efforts here in New Mexico of this, by: so many over the past decades to move past conflict to define a new state-tribal partnership, I am inspired by the op• Providing for an annual summit between the governor portunity that now stands within our grasp. Especially in and the 22 tribal leaders to address issues of mutual con- these challenging economic times, strengthening and excern, similar to what currently occurs in Arizona, Colo- panding collaboration between the state and tribal governrado, Washington and other states with significant Indian ments will result in better coordination of resources to address shared priorities as well as higher quality services to populations; our more than 200,000 Native American citizens. The State-Tribal Collaboration Act: An Enduring Framework for State-Tribal Collaboration and Communication In the year I have served in this position, I have spoken about state-tribal relations with Governor Richardson and Lt. Governor Denish, all 22 tribal governors and presidents, numerous legislators and many of my fellow cabinet secretaries. I have heard a consistent theme. Many recognize the benefit of the government-to-government structures that have been put in place that have led to more effective dialogue and cooperation between state and tribal agencies. It is now time to further strengthen and codify these structures to provide for greater consistency across all cabinet-level agencies and to ensure that this effective structure continues in future administrations. • ensuring the remaining 16 cabinet level agencies adopt The “State-Tribal Collaboration Act” promises to tribal communication and collaboration policies that set another significant milestone in our shared state and have proven beneficial to the 18 such agencies that curtribal endeavor to foster positive government-torently possess them; government relations that will benefit all New Mexicans. I sincerely appreciate your support for this landmark bill. • ensuring the continued assistance of tribal liaisons in all the cabinet-level agencies, including the six that currently have not yet designated such individuals; Respectfully, • guaranteeing long-overdue training to state agency managers and key employees so they may have the greatest chance for success in working with tribal governments and addressing the needs of Indian constituents; and Cabinet Secretary Alvin Warren 7 I - N ew s A Conversation with Regis Pecos, Part 1: The Emergence of Federal Self-Determination Policy and its Impact in Defining State-Tribal Relations Regis Pecos is the Chief of Staff for House Speaker Ben Lujan, former Director of the Office of Indian Affairs, and former Governor of Cochiti Pueblo. We asked Mr. Pecos to reflect on the movement toward tribal selfdetermination, including the impact of the hallmark Indian Self-Determination and Education Assistance Act of 1975, the effect that the federal policy of Indian self-determination ultimately has had on Regis Pecos tribal-state governmentto-government relationships, as well as examples of incentives that emerged for tribes and states to communicate, collaborate, and cooperate in the era of Federal “devolution.” Rima Krisst REGIS PECOS: In order to fully appreciate this time that history will define as the era of “self-determination,” it is necessary to reflect upon the past to appreciate the evolution of the events and relationships that shaped and formed this period. The Treaty of Guadalupe Hidalgo was signed in 1847, officially beginning the occupation of the United States. An important part of the treaty which annexed territory formerly part of Mexico was the recognition of Pueblo land grants as acknowledged by Spain and Mexico. The treaty with the Jicarillas was signed in 1851, establishing their present homelands. Referred to as the “Longest Walk,” the Navajo experienced the forced removal and imprisonment in the Bosque Redondo in 1864. The U.S. Cavalry captured and imprisoned Geronimo and his band in 1886. Then New Mexico joined the union in 1912. In this period of 160 plus years since the signing of the Treaty before New Mexico became part of the United States, our 22 Indian sovereign nations had suffered immensely as the a result of the early extermination policies at the hands of the United States and were now confined to our reservations. Boarding schools like the Santa Fe Indian School had been established beginning in 1890, and children some as young as 5 years old were taken from their parents to begin the forced assimilation process through education. Policies to prohibit the speaking of our Mother tongue were strictly enforced. The government had established the Religious Crimes Code to prohibit the practice of our way of life that would continue through the 1920’s. But through it all, the Indian people and their leaders epitomized a spirit of extraordinary and profound resiliency to survive, with the last of their homelands, reservations as known to us today, their languages, although in a very fragile state to this day, families and communities weakened and traumatized but revitalized, their traditional governments modified with adaptations as a result of the impositions of various governments, and a way of life reflecting their core values since the time of creation. I use that short history as a back-drop because it sets the context within which our leaders would work from. The many challenges that we face today; protecting our only remaining homelands, our languages now in a fragile state, our culture, our places of worship, our governance systems and our sovereignty are the result of all of these past intersections and impositions that define our values and attitudes that are many times not so well understood. The following is a classic example. The Treaty of Guadalupe Hidalgo recognized Pueblo land grants and important water rights connected to those lands. Yet, in 1920, eight years after New Mexico became part of the United States, there was an effort to continue to reduce Indian land holdings in the name of resolving some long-standing disputes over land and water rights ownership. It was an effort to accommodate the railroad and those who wanted additional lands. In this typical governmental approach, there would continue the dual strategy of overpowering the Pueblos specifically in the “famous or infamous” legislation launched to accomplish this, known as the Bursum Bill. At that time, the leaders of the All Indian Pueblo Council, in their congressional testimony, referred to the threat of the loss of lands as a threat to their very way of life. The Bureau of Indian Affairs joined the effort against the Pueblos with their forceful policies, prohibiting the Pueblos’ right to practice their religions. They implemented some harsh policies to persecute those who did. The government has always understood the intricate connections between land and religion. All of this caused an uproar. The artists from Taos and Santa Fe and others joined the fight that gave birth to the modern day organization of the Southwest Association of Indian Affairs, known then as the New Mexico Association of Indian Affairs. The effort launched a new way of fighting policies at the federal level utilizing a broad network of alliances. This effort on the part of many resulted in the defeat of the Bursum Bill, which was a major proposal backed heavily by major political figures of 8 the time. I - N ew s A Conversation with Regis Pecos, Part 1: The Emergence of Federal Self-Determination Policy and its Impact in Defining State-Tribal Relations In the 1930s, the federal government’s policy was to force reorganization of traditional governments in an effort to democratize them by imposing an electoral process, a three branch government, and a constitutional framework. This was known as the Indian Reorganization Act. The 1930s was also a time of a short-lived policy of returning children to their communities when Day Schools were built in our communities. There were efforts to implement programs for community development and programs to preserve the art and culture of Indian people. This was, in some ways, a first attempt of the federal government moving toward rebuilding what their policies had consciously destroyed. All of this came to light in a report named the Meriam Report, which exposed the dire conditions Indian people had been reduced to as a result of federal policies. It was in this period that the federal government also began shifting its responsibility for the education of Indian children to the states. The John O’Malley Act was the means to accomplish this. This was their version of integrating Indian children into public schools after their segregation of children in boarding schools to assimilate them failed. The end result today is that 90 percent of all Indian children go to public schools. The impact of this forced integration would have lasting impacts. Children were harshly discriminated against because of their lack of proficiency in English. For many the experience would result in conscious decisions not to teach their children our Mother tongue after such devastating experiences in public schools. With the depression and the World Wars in the 40s, the pendulum moved back in the other direction, and Indians became a drain on the federal budget. The ensuing diminished support would result in yet another swing in the extreme. This would follow, ironically, after our Indian men and women gave their lives serving this country in the wars. In the 1940s, many Indian men and women joined the military to come to the aid of our country, despite the fact that the government had subjected them to the worst policies. Many served with distinction, including my own father. The now famous Navajo Code Talkers epitomize our men and women who gave their lives. But then, when they returned and attempted to exercise their right to vote, they were denied. Miguel Trujillo, a Pueblo man who served in the military, used the legal system to challenge this discrimination. In 1948, he prevailed and, with that victory, the battle for Indian suffrage was finally won. Not that long ago, right? But wars cost money and much like with the wars’ cost today, domestic programs suffer. So, it was then that the federal government began to implement a whole new set of policies to rid itself of Indians in the 1950s. It was at this time that the federal policies probably reached its lowest point. The policy was to “terminate” entire tribes, and concurrently Public Law 280 was aggressively being advanced to extend state jurisdiction over reservations. Also in effect was the policy of “relocation,” an outgrowth of the federal governments’ initial effort to support Indian war veterans in finding employment and reintegrating them into society. The relocation policy led to the beginning of what some refer to as the period of Indian “self-termination,” which would have devastating longterm consequences. The full effect of these devastating federal policies caused the destruction and undermining of Indian people and their communities from, once thriving independent, self-sufficient, and self-governing bodies to communities similar to those devastated by the wars that many of our veterans had just returned from. With termination policies in effect, the hope of relocation, which had originally held great promise for a better future for their children, became yet one more source of division, created by the federal government that would further put the survival of Indian communities at risk. Relocation years later would create a dichotomy of Indian communities that would become divisive not unlike previous policies separating full bloods and half bloods and categorizing them as civilized or uncivilized. The haunting issues of blood quantum and “who is an Indian” would be the ultimate consequence born out of that time. The marketing scheme went like this – the sooner you leave your language and culture behind, the sooner you leave your families and communities behind, the sooner you leave the reservation where there is no hope, the better chance there will be that your children might have a better life somewhere else. And so, those personally experiencing and living through the devastation, made the difficult choice to move on and many never came home. The reality today is that there are more urban Indians than there are reservation Indians, which poses major policy considerations for the fair and equitable treatment for reservation and off-reservation Indian citizens. Aside from these policy considerations, we should remember that we come from the same roots and are one family. Whatever we do, and wherever we live, we must bear in mind not to perpetuate today the divisiveness that was caused by federal policies by our treatment of one another along these lines. Many live in urban America through no fault of their own but as a result of circumstances and tough choices. We have to constantly ask ourselves, “What are we9 I - N ew s A Conversation with Regis Pecos, Part 1: The Emergence of Federal Self-Determination Policy and its Impact in Defining State-Tribal Relations doing differently in these times of self-determination, when we are in control, than in those times when we weren’t, and when we were critical of the federal government? We cannot be the victimizers as the federal government has been throughout history. As I attempt to answer the broad question of the evolution of tribal/state/federal relations and the impact of the self-determination policies on the relations, it is important to understand the immediate past and how personal experiences drive our behaviors in these relationships. Without this education, many in this process do not understand why we are so emotional and why we insist that this history of our treatment as well as an understanding of our responsibilities be part of any discussion. It is an awesome responsibility we have to protect the last of our remaining homelands and resources, our way of life that is defined as religion by others, our language and culture, our places of worship no longer part of our jurisdiction, our governance, our sovereignty, our families and children. Throughout history, the conceptualization of Indian policies has been driven by others and usually not for our benefit. As long as we were not directly involved, even the most thoughtful and well-intended considerations often had unintended consequences. What could go wrong many times did go wrong and we suffered through those times. Crisis often times creates opportunities, however. By the end of the 1950s, many were concerned that with this history of assaults on tribal languages and cultures, there were imminent threats of their survival. In response to this, advocates, primarily non-Indian people, organized to create the New Mexico Commission on Indian Affairs, and the Office of Indian Affairs. It would be a response to protect and preserve the languages and cultures of New Mexico’s Indian tribes and pueblos. The Office and the Commission would not evolve fully and expand until much later in the 1970s as a vehicle for tribal leaders to advocate their interests and guide tribal/state relations. At the national level, there were many important people in the 60’s, 70s and 80s that gave birth to a new renaissance and rebirth. They created the foundation and framework for what would be known as the selfdetermination era. This was driven as a result of their personal experiences. It also was the beginning of the formation of a new group of traditional leaders, and formally educated Indian people, with a new set of experiences, all working together in a complementary way. The move from termination to self-determination was a dramatic and drastic shift. How did it happen? There were many culminating factors and influences. The Civil Rights Movement helped to energize the Indian rights movement. It was, in many ways a wake-up call to America’s consciousness and conscience. There are many on- and off-reservation Indian leaders who contributed to this radical movement. They saw this as necessary if were going to survive. They rose to challenge the status quo as our forefathers had done in their time. As we reflect upon the past, we are reminded that each generation is challenged with different circumstances, which calls for different responses. If we are going to be successful, we have to be fully cognizant of that at all times. The American Indian Policy Review Commission is not well known to many people and yet it had a significant impact articulating a new vision for our people. Senator James Abourezk and Senator Fred Harris were major catalysts in having Congress reluctantly initiate and fund this monumental undertaking of examining policies across the board in education, natural resources protection, and governance, among the most critical areas of policy development. It brought together a Who’s Who in Indian Country and brought together an unprecedented group of the best thinkers and radical thinkers of the time. Their recommendations were far-reaching to this day. It was the planting of seeds for a new era. It was, for the first time, from and through our lens. It helped to usher in what we know today as the “self –determination era.” After its implementation into law by President Richard Nixon in 1975, self-determination policy didn’t really take full form until the early mid-80s in two distinctively different ways. One was becoming fully conscious of effectuating the intent of the law, and assuming the responsibility of managing and administering programs once the responsibility of the federal government, predominantly through the Bureau of Indian Affairs. The other would happen much later, and would conceptually extend the experience, opportunities, and principles to state-tribal relations. What would force the latter was the implementation of the state rights agenda that would ironically cause a conflict, perhaps as an unintended consequence, between the states and the tribes. This agenda would consciously dismantle the community block grant framework that heretofore had resulted in a relationship between the federal government and tribal governments as resources flowed directly to the tribes. Beginning with the Welfare Reform Act, the shift was more pronounced. There was a very interesting question asked in this development and discourse in regard to 10 I - N ew s A Conversation with Regis Pecos, Part 1: The Emergence of Federal Self-Determination Policy and its Impact in Defining State-Tribal Relations Indian people. In came at a time when Contract With America was evolving and a conservative think-tank, The Heritage Foundation, in this individual responsibility agenda would ask, “Isn’t it about time we gave the American Indian his rightful place?” On the face of it, who would object, right? So here we were in the midst of a new policy of self-determination with contradicting policies at play at the same time. What was implied, of course, like with termination and relocation, was that we ought to be totally assimilated and be responsible for ourselves, and integrated into mainstream society. At the time here in New Mexico, we recognized that a message needed to be heard on Capitol Hill. Senator Daniel Inouye, who had just become Chairman of the Senate Committee on Indian Affairs and Alan Parker, an Indian himself, who was Chief Counsel at the time, understood the underlying ramifications these new ideas would cause. So, we traveled to Washington. Tribal leaders, Representative Nick Salazar, would testify that even in places like New Mexico, where relationships were generally positive, unless there were explicit provisions guiding how states and tribes would work together to implement and access resources for this newly defined program called Temporary Assistance for Needy Families (TANF), it would pose significant problems between states and tribes. It was a state’s rights agenda and sure enough, even to this day, matters are not fully resolved. It did cause a major conflict. We have to appreciate that, historically, states had not yet been defined in this governmental framework. It was a federal/state or federal/tribe system, not yet integrating federal, state, and tribal governments. In fact, many would say at that time that states were the worst enemies of tribal governments for the simple fact that tribes and states, often in trying to carve out their respective places as sovereign governments, defined the relationship or nonrelationship litigiously in the courts as they over battled who had the great power and/or authority as sovereign governments. It was welfare reform that finally forced a relationship between states and tribes. Programatically, welfare reform hit hard at the heart of our cultural organization and our extended family structures. The next wave was health care reform. In both cases, resources would flow through the states. This was a bigger heartburn than anyone had yet experienced. Indian Health is one of the longstanding pillars tribes define as part of a trust obligation on the part of the federal government to Indian people. Tribal leaders fought that fight but lost and the Health Care Reform Act would force another relationship if Indian people, eligible for these services, were going to get their fair share. What would happen if we use this service through the state? Will the federal government use this to dismantle Indian Health Service (IHS)? Others would say that we have dual citizenship, and that we therefore ought to have the benefit of services from both the IHS, and, where some services are not possible with diminishing federal support, we ought to also have the right, as citizens of New Mexico, if we qualify, to enjoy the benefits provided by the state. These issues and questions gave rise to a new appreciation that tribal leaders would now be forced to focus their attention to defining our relationship with the state. Given the history, we had a right to feel schizophrenic. These were very important questions Indian people were asking their leaders. What motivated states and tribes to begin working together collaboratively was appreciating that they had to define a whole different approach to addressing competing interests. With a state rights agenda forcing the state and tribes into an undefined relationship and, as tribes were flexing their muscle and their powers and authority under self-determination laws, there were sharp conflicts but there were also some extraordinary visionaries who emerged and created a framework to guide the development of these relationships that deserve credit of their profound wisdom. While tribes were fighting at the federal level, there were leaders here at the state level who were heading major initiatives to develop a framework within which tribal and state leaders would engage in a necessary discourse over issues of mutual concern and interest. For example, Governor Tony Anaya in the early 80’s was one who began engaging tribal leaders formally on important state-tribal issues on education. He and then Navajo Nation President Peterson Zah would sign the first State/ Tribal Protocol Agreement. Sam Deloria, the Director for the American Indian Law Center, used the Center as a vehicle to create a national movement with the creation of the Commission of State/Tribal Relations. The work that ensued through these kinds of initiatives gave guidance in the early stages of the development and evolution of New Mexico’s state-tribal relations and protocols. Please see “A Conversation with Regis Pecos, Part 2,” in the February issue of I-News. Printed with permission from Regis Pecos. ©Copyright 2009, Regis Pecos. All rights reserved. The views expressed in this interview do not necessarily reflect the opinions or the official policy or position held by the Indian Affairs Department or the 11 State of New Mexico. I - N ew s New Mexico Tribal Liaison Bulletin: Secretary Rhonda Faught Advanced the Role andon Importance State-Tribal Reflecting the Indianof Child Welfare Relations Act of 1978 tutions. The decision to remove these children from their natural families was often a lack of understanding of Indian culture and child-rearing practices (U.S. House Report, 1978). Recent news articles and reports have created a The AAIA study found that Indian children were misunderstanding of State child custody proceedings infive (Minnesota) to sixteen times (Montana) more likely to volving Indian children. The following is a broad attempt to highlight the Indian Child Welfare Act (ICWA) of 1978. be placed in foster care compared to non-Indian children. A survey of 16 states in 1969 also revealed that Because Indian children are treated uniquely in the legal system, and because there is an increasing number of approximately 85% of Indian children in foster homes and 90% of non-relative Indian adoptees were living with noncourt proceedings involving Indian children, the need to understand the ICWA is fast becoming imperative. (Since Indian families (U.S. House Report, 1978). The result of this survey troubled tribes for a variety of reasons. First, the ICWA was enacted, more than 250 state and federal the placement of so many Indian children in non-Indian court decisions have been rendered.) homes threatened the extinction of the tribe. In short, tribes were losing the most basic necessity for survival – a next Historical Development of ICWA generation. In 1974 Congress initiated its first hearing on the As early as 1860, the Bureau of Indian Affairs (BIA) used boarding schools as federal policy to “civilize” state of Indian children in substitute care. Testimony in 1974 provided the first official acknowledgement by the Indian children by separating them from their tribal comUnited States government that the unwarranted removal of munities and forcing them to learn English and to adopt Indian children from their families represented a systematic European-American practices and customs. Further, in attempt to destroy Native tribes and cultures that resulted in 1958, the BIA and the Child Welfare League of America negative outcomes for both tribes and tribal children. (CWLA) established the Indian Adoption Project to On November 8, 1978 Congress passed the Indian “provide adoptive placements for Indian children whose parents were deemed unable to provide a “suitable” home Child Welfare Act (ICWA) in response to the “rising concern … over the consequences to Indian children, Indian for them. States were paid by the BIA to remove Indian families, and Indian tribes of abusive child welfare pracchildren from their homes under the charge of neglect. Most of the children removed from their “unsuitable” envi- tices that resulted in the separation of large numbers of Indian children from their families and tribes through adopronment were placed in non-Indian homes. tion or foster care placement.” By limiting states’ powers In 1968, members of Spirit Lake Sioux Tribe of over American Indian children, ICWA aims to support InNorth Dakota were concerned with the treatment of their children by their local state child welfare officials. Due to dian families, specifically by maintaining Indian children with Indian caregivers in order to honor a rich cultural trawhat the tribe perceived as the state’s ignorance of tribal dition and tribal sovereignty. welfare practices, tribal children were routinely uprooted from their Indian families and placed in non-Indian foster or adoptive homes, a situation exacerbated by the fact that What ICWA Requires of States many of the actions taken by state child welfare agents were carried out without tribal consultation. As mentioned in the Act, Congress designed From 1969 through 1974, the Association on ICWA to restrain the authority of state agencies and courts American Indian Affairs (AAIA) acting at the request of in removing and placing Indian children, based on states ” the Spirit Lake Tribe, conducted nationwide studies on the historical inability to fairly adjudicate child custody proimpact of state child welfare practices toward Indian chil- ceedings” (25 U.S.C. 1901(5); Native Village of Venetie dren. AAIA research indicated that in certain states, 25%- I.R.A. Council v. Alaska, 1991). ICWA accomplishes this 45% of all Indian children were removed from their natural task through both procedural and substantive provisions homes and placed in foster homes, adoptive homes or insti- that advance Congress’ purpose of protecting Indian chilBy Bernie Teba, Tribal Liaison, Children, Youth, and Families Department 12 I - N ew s New Mexico Tribal Liaison Bulletin: Reflecting on the Indian Child Welfare Act of 1978, cont. dren and tribes by “ the establishment of minimum federal standards for the removal of Indian children from their homes and families and the placement of such children in … homes which will reflect the unique values of Indian culture” (25 U.S.C. 1902). ICWA is unique in that it involves not only the relationship between American Indian tribes and the federal government but also the relationship of state government to both the United States government and tribes. In its broadest application, ICWA applies only to child custody proceedings in state court systems. Under ICWA, a child custody proceeding includes foster care placement, termination of parental rights, pre-adoptive placement and adoptive placement (25 U.S.C. 1903[1]). The Act further specifies that the child involved in a custody proceeding must be “Indian” (25 U.S.C. 1903[4]) and requires that the child in question be an unmarried minor who is either (a) a member of an Indian tribe, or, (b) eligible for membership in a tribe, AND a biological child of a tribal member. If a child is a member of, or eligible for membership in, more than one tribe, the court must decide the child’s tribe for ICWA purposes by determining the tribe with which the child has “the most significant contacts” (25 U.S.C. 1903[5]). To protect the interests of tribes, ICWA requires states to provide notification to the tribe at least 10 days in advance of pending “involuntary” child custody proceedings (25 U.S.C 1912[a]). This requirement is consistent with the fundamental underpinning of ICWA that recognizes that tribes have a unique interest separate from that of the child’s parent or Indian custodian. ICWA also requires states to document the placement history of Indian children within their respective child welfare systems. In cases of adoption, ICWA authorizes Indian children, once they reach 18 years of age, the right to obtain information on their tribal heritage (25 U.S.C. 1915 [e], 1917 and 1951) Consequently, 25 U.S.C 1911 of ICWA grants tribes exclusive jurisdiction in all child custody matters involving Indian children who are wards of tribal courts or who reside or domiciled on Indian reservations. Also, if an Indian child is the subject of a foster care placement or termination of parental rights proceeding in state court, the state must transfer the proceeding to the tribe, absent objection by either parent, upon petition by either parent, Indian custodian or tribe (25U.S.C 1911 [b]). This transfer should occur absent “good cause to the contrary”. The Supreme Court has ruled that the jurisdiction of the tribal court in such cases is “presumptive” meaning that good cause to the contrary should be a heavy burden for the state to carry. ICWA also strengthens the legitimacy of tribal courts in conducting child welfare proceedings involving Indian children. ICWA provision 25 U.S.C 1911[d] requires that both state and federal courts give “full faith and credit” to tribal acts, records and judicial proceedings in the same manner afforded to non-Indian entities (such as courts of other states). Although ICWA protects the legal interests of tribes and provides for the “best interests” of Indian children in state custody - without Indian families to serve as foster care and adoptive families - history will repeat itself. Joint Tribal- State collaborative efforts are necessary for the successful implementation of the ICWA of 1978. As one result of the 1995 U.S. General Accounting Office survey of States’ Compliance with ICWA, CYFD revised the ICWA Intergovernmental Agreement (IGA) by and between the Navajo Nation and CYFD. Both Navajo Nation and CYFD agreed that the revision was a historic occasion since it had been over 20 years since the last ICWA IGA had been revised. The revised ICWA IGA more clearly defines the roles and responsibilities of the Navajo Nation and CYFD. The process involved in revising the ICWA IGA included key elements in Governor Richard’s executive order 2005-004 and the 2003 Statement of Tribal-State Government-to-Government Policy. Jurisdiction and Requests for Transfer In Mississippi Band of Choctaws v. Holyfield (1989), the U.S. Supreme Court noted that the jurisdictional mandates of ICWA are at the very heart of the Act. The jurisdictional provisions of ICWA are designed to maximize the opportunity for tribal courts to determine the Bernie Teba is the CYFD Tribal Liaison and ICWA contact fate of their children because such courts are the more and can be reached at 505-827-7612 or by e-mail at knowledgeable about child-rearing traditions and customs. Bernie.Teba@state.nm.us 13 I - N ew s Behavioral Health Collaborative Approves Expansion of Local Collaboratives Governor Bill Richardson Announces Expanded Education Initiatives for 2009 Legislative Session The Behavioral Health Collaborative has approved a proposal for the expansion of Native American Local Collaboratives by three, which will increase the number of Native American Local Collaboratives to five, and the total number of Local Collaboratives to 18 across the state. Governor Bill Richardson outlined his expanded education agenda for the upcoming legislative session during visits to Clovis and Tucumcari. While speaking with lawmakers, community leaders, education officials and students, the Governor reiterated his support for changing the current education funding formula and announced his proposals to increase college opportunities for New Mexico students. “We have no higher priority than ensuring all New Mexico students receive a quality education and are given the tools and opportunities for success,” Governor Richardson said. “I look forward to working with the legislature to make sure we are adequately funding our classrooms, but ultimately I believe the voters of New Mexico must have a say on this major investment.” Two years ago, Governor Richardson signed legislation to fund a task force to study the funding formula that New Mexico has used for more than 30 years. It found the funding formula is outdated and underfunds schools, particularly smaller and rural schools, by $350 million. The Governor will work with lawmakers to find a way so that voters decide how changes to the formula will be funded. Other educational initiatives the Governor will be pushing for this year include: • Requiring students to be in the classroom 180 days and moving teacher professional development outside of the instruction day. • Increasing math requirements for K-8 teachers by three credit hours. • Strengthening the Public Education Department’s ability to sanction school districts that do not adhere to audit requirements. • Expanding the College Affordability Fund Scholarship to increase the number of students who can receive assistance. • Put all of the state’s 3% Scholarships into need-based aid. • Creating a division within the Higher Education Department to coordinate all major initiatives targeted towards Native American Students. • Expand dual credit opportunities so that Native American high school students can take advanced classes and earn credit toward graduation at Tribal and other colleges. Using proposals, assessment of readiness, and geography as the criteria, the Collaborative selected the following three proposals for the Local Collaborative expansion. 1. Rain Cloud, an off reservation group, 2. Sandoval County Consortium (Santa Ana, Santo Domingo, Zia, Cochiti, Jemez, Sandia, and San Felipe Pueblos as well as urban tribal populations in Sandoval County), and 3. Eight Northern Pueblos - with the stipulation they must provide a list of members (Nambe, Picuris, Pojoaque, San Ildefonso, Ohkay Owingeh, Santa Clara, Taos and Tesuque Pueblos). The Jicarilla Apache Nation, who also submitted a proposal for a Local Collaborative, will be given the option to join one of the three expansion collaboratives, or remain a part of Local Collaborative 14. Any Local Collaborative must accept Jicarilla Apache Nation and all Local Collaboratives must affirm their willingness to be inclusive and not refuse anyone’s participation. This expansion leaves Local Collaborative 14 with more geographic integrity with Mescalero Apache Tribe and the southernmost Pueblos (Isleta, Acoma, Laguna and Zuni Pueblos) and Navajo Chapters (Ramah, Alamo and To’Hajiilee.) The Mescalero Apache Tribe proposal that was submitted was very strong and this expansion plan is intended to recognize their strength and maintain geographic integrity. About the Collaborative The Collaborative was created in 2004 by the Governor and the Legislature to allow most state agencies and resources involved in behavioral health treatment and recovery to work as one in an effort to improve mental health and substance abuse services in New Mexico. This cabinetlevel group represents 15 agencies and Governor Bill Richardson’s office. Contact: Betina Gonzales McCracken (505) 476-6205 Alarie Ray-Garcia, Office of Governor Bill Richardson 14 I - N ew s Governor Bill Richardson Announces Public Safety Priorities for Legislative Session Governor Bill Richardson traveled around the state on January 14 to announce his public safety priorities for the legislative session. The Governor stopped in Farmington, Las Cruces and Roswell where he detailed his plans for tougher DWI, Liquor Control, gangs and domestic violence reforms. “Today I outlined my ambitious plan to improve public safety in New Mexico, including increasing penalties for drunk driving, domestic violence and gang violence and new this year – we are proposing legislation to combat drugged driving,” Governor Richardson. DWI Governor Richardson today proposed a number of new DWI initiatives to be presented to the Legislature later this month. The Governor announced his proposal to combat “drugged drivers” – including a bill that would establish a limit for drivers under the influence of illegal drugs. The Governor is also proposing a bill that would allow law enforcement officers to appear by phone or video conference in order to participate in DWI license revocation hearings. This would allow officers to stay on in communities looking for drunk drivers instead of spending valuable time in court. Liquor Control Act The Governor along with DWI Czar Rachel O’Connor unveiled plans for more comprehensive liquor control reform in Farmington this morning. “This year we're bringing forward a bill that provides for comprehensive liquor reform for the Liquor Control Act in the State of New Mexico,” said Governor Richardson. “This bill will have provisions that substantively impact public safety and liquor licensing.” The proposed changes would bring an increase in financial penalties to bars that over serve and sell to minors; both are violations under the Three Strikes rule. The legislation also would allow the state to revoke the liquor licenses of establishments that are considered a public nuisance. Additional changes to the Liquor Control Act would give local law enforcement the authority to enforce certain provisions of act and would require alcohol servers to renew their server permits every three years instead of every five. Gangs The Governor has proposed two pieces of legislation aimed at fighting back against gangs in New Mexico. The first will make gang recruitment a crime. We want to make recruiting an adult into a gang a 4th degree felony and recruiting a child a 3rd degree felony. Secondly, the Governor has proposed a bill that would provide sentence enhancements for crimes committed during gang activity. Under this bill gang activity penalties will be increased from a one year enhancement for a fourth degree felony to an additional eight years for a first degree felony. This will give police and prosecutors better tools to prosecute those individuals who have not gotten the message, “We don’t want gang violence here.” Domestic Violence The Governor announced a number of new domestic violence initiatives during his stops around the state today. The first is to add domestic violence to a list of crimes that would limit an individual’s ability to obtain certification as a law enforcement officer or to retain their certification. Secondly, the Governor wants to close a major gap in the current law and make damage to community or jointly owned property a crime the Governor wants take power away from batterers. This bill would create a new offense under the Crimes Against Household Members Act making criminal damage to property against a household member a 4th degree felony if the damage is more than $1000. The Governor also unveiled his plan to prohibit employers from discriminating against victims of domestic violence, sexual assault and stalking. Under the Governor’s proposed bill, employers must grant employees unpaid leave to obtain an order of protection or other judicial relief from abuse, to meet with law enforcement, consult with attorneys or victim advocates and attend court proceedings related to the abuse. Finally, with one in twelve New Mexicans being victimized by stalkers and only 5.5% of these cases resulting in an arrest, the Governor is looking to streamline and broaden the language in our stalking law so that stalkers will no longer be able to threaten or cause fear to their victims. Alarie Ray-Garcia, Office of Governor Bill Richardson 15 I - N ew s Welcome New and Continuing 2009 Tribal Officials! 2009 TRIBAL OFFICIALS Tribes, Pueblos, and Nations in New Mexico: (in alphabetical order) JICARILLA APACHE NATION PRESIDENT LEVI PESATA P.O. Box 507 Dulce, NM 87528 Phone (575) 759-3242 Fax (575) 759-3005 Vice President Ty Vicenti MESCALERO APACHE TRIBE PRESIDENT CARLETON NAICHEPALMER P.O. Box 227 Mescalero, NM 88340 Phone (575) 464-4494 Fax (575) 464-9191 Vice President Jackie D. Blaylock, Sr. NAVAJO NATION PRESIDENT JOE SHIRLEY, JR. P.O. Box 9000 Window Rock , AZ 86515 Ph on e (928) 871-6352/6357 Fax (928) 871-4025 Vice President Ben Shelly NAVAJO NATION COUNCIL Speaker Lawrence T. Morgan P.O. Box 3390 Window Rock , AZ 86515 Phone (928) 871-7160 Fax (928) 871-7255 OHKAY OWINGEH GOVERNOR MARCELINO AGUINO P.O. Box 1099 San Juan Pueblo, NM 87566 Phone (505) 852-4400/4210 Fax (505) 852-4820 1st Lt. Gov. Virgil Cata 2nd Lt. Gov. Joseph Martinez PUEBLO OF ACOMA GOVERNOR CHANDLER SANCHEZ P.O. Box 309 Acoma, NM 87034 Phone (505) 552-6604/6605 Fax (505) 552-7204 1st Lt. Gov. Mark Thompson 2nd Lt. Gov. Ron Charlie PUEBLO OF COCHITI GOVERNOR JOHN F. PECOS P.O. Box 70 Cochiti Pueblo, NM 87072 Phone (505) 465-2244 Fax (505) 465-1135 Lt. Gov. Peter Trujillo PUEBLO OF ISLETA GOVERNOR ROBERT BENAVIDES P.O. Box 1270 Isleta Pueblo, NM 87022 Phone (505) 869-3111/6333 Fax (505) 869-4236 1st Lt. Gov. Max Zuni 2d Lt. Gov. Frank Lujan PUEBLO OF JEMEZ GOVERNOR DAVID TOLEDO P.O. Box 100 Jemez Pueblo, NM 87024 Phone (575) 834-7359 Fax (575) 834-7331 1st Lt. Gov. Benny Shendo, Jr. 2nd Lt. Gov. Stanley Loretto PUEBLO OF LAGUNA GOVERNOR JOHN ANTONIO, SR. P.O. Box 194 Laguna Pueblo, NM 87026 Phone (505) 552-6654/6655/6598 Fax (505) 552-6941 1st Lt. Gov. Robert Mooney, Sr. 2nd Lt. Gov. Marvin Trujillo, Jr. PUEBLO OF NAMBE GOVERNOR ERNEST MIRABAL Route 1, Box 117-BB Santa Fe, NM 87506 Phone (505) 455-2036 Fax (505) 455-2038 Lt. Gov. Arnold Garcia PUEBLO OF PICURIS GOVERNOR RICHARD MERMEJO P.O. Box 127 Penasco, NM 87553 Phone (575) 587-2519 Fax (575) 587-1071 Lt. Gov. Matthew Pacheco PUEBLO OF POJOAQUE GOVERNOR GEORGE RIVERA Pueblo of Pojoaque 78 Cities of Gold Road Santa Fe, NM 87506 Phone (505) 455-3334 Fax (505) 455-0174 Lt. Gov. Linda Diaz PUEBLO OF SANDIA GOVERNOR JOE M. LUJAN 481 Sandia Loop Bernalillo, NM 87004 Phone (505) 867-3317 Fax (505) 867-9235 Lt. Gov. Scott Paisano PUEBLO OF SANTA ANA GOVERNOR BRUCE SANCHEZ 2 Dove Road Santa Ana Pueblo, NM 87004 Phone (505) 867-3301 Fax (505) 867-3395 Lt. Gov. Myron Armijo PUEBLO OF SANTA CLARA GOVERNOR WALTER DASHENO P.O. Box 580 Espanola, NM 87532 Phone (505) 753-7330/7326 Fax (505) 753-8988 Lt. Gov. Bruce Tafoya PUEBLO OF SAN FELIPE GOVERNOR ANTHONY ORTIZ P.O. Box 4339 San Felipe Pueblo, NM 87001 Phone (505) 867-3381/3382 Fax (505) 867-3383 Lt. Gov. James Candelario PUEBLO OF SAN ILDEFONSO GOVERNOR LEON T. ROYBAL Route 5, Box 315-A Santa Fe, NM 87506 Phone (505) 455-2273 Fax (505) 455-7351 1st Lt. Gov. Paul Rainbird 2nd Lt. Gov. Terrence K. Garcia PUEBLO OF SANTO DOMINGO GOVERNOR EVERETT F. CHAVEZ P.O. Box 99 Santo Domingo Pueblo, NM 87052 Phone (505) 465-2214 Fax (505) 465-2688 /-2215 Lt. Gov. Paul Rosetta Pueblo Organizations: ALL INDIAN PUEBLO COUNCIL CHAIRMAN JOE GARCIA 2401 12th Street, NW Albuquerque, NM 87103 Phone (505) 881-1992 Fax (505) 883-7682 Vice Chairman Gregory T. Ortiz EIGHT NORTHERN INDIAN PUEBLOS COUNCIL EXECUTIVE DIRECTOR MICHAEL MILLER P.O. Box 969 San Juan Pueblo, NM 87566 Phone (505) 747-1593 Fax (505) 747-1599 FIVE SANDOVAL INDIAN PUEBLOS EXECUTIVE DIRECTOR JAMES ROGER MADALENA 1043 Highway 313 Bernalillo, NM Phone (505) 867-3351 Fax (505) 867-3514 PUEBLO OF TAOS GOVERNOR RUBEN A. ROMERO P.O. Box 1846 Taos, NM 87571 Phone (575) 758-9593 Fax (575) 758-4604 Lt. Gov. Tony R. Mirabal PUEBLO OF TESUQUE GOVERNOR MARK MITCHELL Route 42, Box 360-T Santa Fe, NM 87506 Phone (505) 955-7732 Fax (505) 982-2331 Lt. Gov. Earl Samuel PUEBLO OF ZIA GOVERNOR IVAN PINO 135 Capitol Square Dr. Zia Pueblo, NM 87053-6013 Phone (505) 867-3304 Fax (505) 867-3308 Lt. Gov. Fred Medina PUEBLO OF ZUNI GOVERNOR NORMAN COOEYATE P.O. Box 339 Zuni, NM 87327 Phone (505) 782-7022 Fax (505) 782-7202 Lt. Gov. Dancy Simplicio 16 I - N ew s The Interim Indian Affairs Committee (IIAC) 2009 Legislative Shuttle The goals of the Interim Indian Affairs Committee are FOR YOUR CONVENIENCE… to: provide a direct interface between the legislature and tribal governments and officials in New Mexico; The New Mexico identify issues of concern to American Indian people Department of Transportation and tribal communities and provide information to is operating the legislators regarding those issues; provide legislators with first-hand information regarding the status of 2009 LEGISLATIVE SHUTTLE tribal communities in New Mexico; provide the peothrough March 20, 2009 ple living in tribal communities with an understanding NO FARE of and access to state government; identify and work to resolve areas of state-tribal misunderstanding, conFREE at all times flict and dispute, and; identify areas where state government can be made more responsive to the needs of There are three shuttle routes: tribal communities in New Mexico. Members Rep. James Roger Madalena, Co-chair Sen. John Pinto, Co-chair Sen. Rod Adair Rep. Ray Begaye Sen. Dianna J. Duran Rep. Justine Fox-Young Sen. Lynda M. Lovejoy Rep. Patricia A. Lundstrom Rep. John Pena Sen. Lidio G. Rainaldi Sen. Nancy Rodriguez Sen. John C. Ryan Rep. Gloria C. Vaughn Rep. W. C. "Dub" Williams IIAC Advisory Members Sen. Joseph J. Carraro Rep. Ernest H. Chavez Sen. Timothy Z. Jennings Rep. Ben Lujan Sen. Richard C. Martinez Rep. Debbie A. Rodella Rep. Nick L. Salazar Sen. William E. Sharer Sen. David Ulibarri Route #1 between the NMDOT General Office and the State Capitol Route #2 between the Toney Anaya Building and the State Capitol Route #3 between St. John’s United Methodist Church, the State Capitol and the De Vargas Mall Service for persons with disabilities is available from Santa Fe Trails. Call 505-4734444, 24 hours in advance. For More Information and Complete Shuttle Schedules Contact: 505-827-0775 legishuttle@state.nm.us Or visit: www.dot.state.nm.us 17 I - N ew s A River Apart: Tour and Close-up Study of Santo Domingo and Cochiti Pottery The Indian Arts Research Center (IARC) at the School for Advanced Research and Museum of Indian Arts & Culture (MIAC) unite to present a joint educational program focusing on Santo Domingo and Cochiti pottery. Based on the exhibit at MIAC, A River Apart: The Pottery of Cochiti and Santo Domingo Pueblos, this program not only creates a learning experience about these unique ceramics from a curated point of view, but also encourages the visitor’s own self-discovery and research skills to gain further insight on this topic. Due to limited space, this program is available for small groups of 30 or less and is available through the duration of the exhibition, through June 6, 2010. SCHEDULE 10:30-12:00 Tour of A River Apart at MIAC 12:30-1:30 Lunch on your own 2:00-3:30 Close-up research study of Cochiti and Santo Domingo pottery at IARC PROGRAM Tour of A River Apart This tour includes a specially guided tour by a MIAC staff or docent of the ‘A River Apart’ exhibit. The tour focuses on an introduction to Cochiti and Santo Domingo pottery, overview of the Museum of Indian Arts & Culture collection, and the historical formation of the collection. Research Visit Visitors are guided through the sizeable Santo Domingo and Cochiti pottery collections ranging in age from the 1800s to the present. A limited number of ceramics of your choosing will also be brought out onto tables for close examination without the barrier of acrylic and walls. This is a FREE program available for educational groups. This includes adult, college, senior citizen, and tribal groups. TO MAKE A RESERVATION Please call (505) 954-7279 or email poon@sarsf.org. Reservations MUST be made at least two weeks in advance. No exceptions. TRANSPORTATION Visitors are responsible for their own transportation. The Museum of Indian Arts & Culture (MIAC) is located at 708 Camino Lejo on Museum Hill in Santa Fe. The Indian Arts Research Center is located at 660 Garcia at the School for Advanced Research in Santa Fe, less than one mile from MIAC. ABOUT THE EXHIBIT Located along the central Rio Grande Valley in New Mexico and separated by that great river, Cochiti and Santo Domingo Pueblos shared a ceramic tradition for cen- turies until increasing contact with outsiders ushered in tumultuous changes that set the pueblos on divergent paths. Cochiti Pueblo more freely modified its traditional forms of painted pottery to appeal to new markets created when the railroads started bringing in tourists from the East in 1898, while the Santo Domingo Pueblo shunned the influences of the tourist trade and art market, continuing an artistic tradition that was conservative and insular. A River Apart: The Pottery of Cochiti and Santo Domingo Pueblos, examines the pottery traditions of the two Pueblos through the medium of the museum’s collections. To decipher what discoveries can be made and identities established through the nearly 250 pieces in the exhibition, visitors are provided with a choice of viewpoints. This multi-vocal approach reveals that the pottery represents more than anthropological artifacts or art for the marketplace. From A River Apart: The Pottery of Cochiti and Santo Domingo Pueblos we learn much about the Pueblos’ history, communities, and the various artists’ responses to influences from the outside world. ABOUT THE INDIAN ARTS RESEARCH CENTER AND MUSEUM OF INDIAN ARTS & CULTURE The Indian Arts Research Center at the School for Advanced Research houses a research collection of over 12,000 items of Native Southwest art and culture. Its goal is to bridge the divide between art/creativity and research/ scholarship by supporting initiatives and projects that illuminate the intersections of the social sciences, humanities, and arts. IARC accomplishes this by providing opportunities for artists to engage in uninterrupted creativity through artist fellowships; fostering dialogue among artists, researchers, scholars, and community members through special seminars and programs; nurturing future arts and museums professionals through experiential training; and promoting study and exploration of the IARC collection. The Museum of Indian Arts & Culture is a premier repository of Native art and material culture and tells the stories of the people of the Southwest from pre-history through contemporary art. The museum serves a diverse, multicultural audience through changing exhibitions, public lectures, field trips, artist residencies, and other educational programs. It is MIAC's mission to provide cross-cultural education to the many visitors to Santa Fe who take part in our programs and to New Mexican residents throughout the state. It is especially important that MIAC serve the Indian communities in our state and throughout the Southwest whose contemporary and ancestral cultures are represented in the museum's collections. Elysia Poon, Program Coordinator, School For Advanced Research, Indian Arts Research Center, (505) 954-7279. 18 I - N ew s Santa Clara Pueblo Reopens Puye Cliffs National Historic Landmark The Pueblo of Santa Clara is pleased to announce that the Puye Cliffs Dwellings National Historic Landmark is now open for group tours following an eight-year closure. The expansive archaeological site opens to individual visitors in May of 2009. This ancestral home of Santa Clara Pueblo supported 1,500 people from 1100 to 1580 A.D. An original Fred Harvey House built on site in the early 1900s to accommodate guests exploring the American Southwest will once again accommodate guests with a museum and cultural center. It is the only Harvey House on a Native American reservation. “Puye Cliffs was closed as a result of the Cerro Grande fire that impacted access to the area,” said Lucretia Jenkins-Williams, Puye Operations Manager for the Santa Clara Development Corporation. “We have created a destination where people can experience the beautiful panoramic scenery of northern New Mexico, while learning of the ancient Pueblo people who called Puye Cliffs home.” Carved into the volcanic tuff of the panoramic Puye Cliffs, alcoves were fronted with natural rock to create hundreds of homes and storage rooms for the population. Above the cliffs are the remains of many more rooms and circular, underground religious structures called kivas. Puye Cliffs will offer enchantment and education in one location, giving visitors a unique insight into the significance of the Pueblo’s ancestral home while celebrating one of the tribe’s modern successes. Tours of Puye Cliffs are managed by the Pueblo’s own Santa Clara Development Corporation. “Tours of the Puye Cliffs will give New Mexicans and their visitors a genuine cultural experience,” said Michael Cerletti, Secretary of the New Mexico Tourism Department. “There is no better way to discover the beauty, enthusiasm and tradition of the pueblos than through the people that have inhabited those lands for generations.” Tour admission is $25 per person in a group of 10 or more. The tour lasts approximately 2 and 1/2 hours. Pottery making, dancing, and other culturally educational demonstrations may be arranged as well for additional fees. For more information or to schedule a tour contact Lucretia Jenkins-Williams, Puye Operations Manager, 505-747-2455 or visit www.puyecliffs.com. Former Santa Clara Governor Michael Chavarria is interviewed at Puye Cliff Dwellings by NewsHour Correspondent Ray Suarez last November. Rima Krisst photo 19 I - N ew s ARTS, CULTURE, & ENTERTAINMENT SECTION IAIA • Disney • ABC Summer Television and Film “Where The Catcher in the Rye Meets Bury My Workshop Offers Exceptional Learning Opportu- Heart at Wounded Knee” — Announcing the nity for American Indians Interested in Film Release of Robert Mirabal’s First Novel A contemporary tale juxtaposed with historiSanta Fe, NM – If you are: a) Native Ameri- cal, first-hand accounts of Indian life found only in can b) passionate about film and c) wondering how to memory — and snapshots — Running Alone in Phoget a leg-up in Hollywood, the Institute of American tographs is the coming-of-age story of a young Native Indian Arts (IAIA) in Santa Fe, New Mexico, wants American musician who travels the world before reyou! IAIA, in collaboration with the Disney • ABC turning to her ancestral home. Television group, is now accepting applications for “Reyes Wind has faith in the power of memthe 2009 Summer Television and Film Workshop hap- ory… and in her journey of self-discovery,” says pening June 14 – July 24. Now in its sixth year, the Robert Mirabal. workshop promises to be one of the most demanding This love story of and most rewarding yet! The deadline for applications an individual’s struggle is March 27, 2009. between her tribal role and the modern world, The summer workshop is structured to assist and the courage and grace both experienced and novice Native American screen- required to live fully in writers, filmmakers, directors and actors alike. The each, is the most intimate six-week intensive is divided into two separate tracks, glimpse of contemporary a writer’s workshop and a production workshop, pro- American Indian life you viding cross-collaboration between both. Writers will will find today. create short scripts for the production students in addiRobert Mirabal tion to developing and writing “spec” scripts. Produc- has storytelling in his tion students will focus on production techniques in- DNA… The two-time cluding camera, sound, lighting and all aspects of GRAMMY Award winpost-production. Acclaimed executives, producers, ner lives a traditional life with his family at the foot of screenwriters, directors and actors (both Native and sacred Taos Mountain in Northern New Mexico. Denon-Native) visit from the film and television industry scribed as a Native American Renaissance man — to share their expertise in individual and group setmaster flute player, composer, painter, craftsman, tings, as well! All students who complete the six-week poet, actor, horseman and farmer — Robert travels program receive academic credit upon completion. extensively and plays his music all over the world. His breakthrough PBS special, Music From a Painted Shawna L. Begay, New Media Arts faculty at Cave, remains a benchmark of Native American theatIAIA and program director says, “It's been exciting to rical expression. His first book of poetry and prose, see students go on to work in the industry or bring Skeleton of a Bridge, was published in 1994. Runskills back to their own communities to teach others ning Alone in Photographs marks Mirabal’s debut as after completing the workshop. It has really provided a novelist. Most recently, Mirabal was cast as Tony a way for many to jump-start their careers in film pro- Lujan in the Lifetime television movie “Georgia duction and get noticed.” O’Keefe,” starring Joan Allen and Jeremy Irons. For more information please call Shawna L. Begay at 505.424.5716 or email sbegay@iaia.edu. To find out more about the program, and to apply, please visit www.iaia.edu/newmedia For more information on how to obtain a copy of for Running Alone in Photographs, visit www.mirabal.com or contact Andrew Flack at 575-758-8900 or flack@buzzinc.net 20 I - N ew s TRIBAL FEAST DAYS AND EVENTS To connect to the New Mexico Department of Tourism's "New Mexico Native America" link, go to: http://www.newmexico.org/native_america/ February 2 Picuris Pueblo, San Felipe Pueblo: Candelaria Day Celebration. 1st weekend of February Old Acoma Pueblo: Governor's Feast Day, various dances. 2nd week of February Ohkay Owingeh/San Juan Pueblo: Deer dances. February 6 Indian Day at the New Mexico State Legislature (through the NM Indian Affairs Department). Held in the beginning of the Winter Session of the Legislature. Various tribal dances, music, speakers, trade show & recognition of New Mexico statewide tribal leadership. Pojoaque Governor George Rivera with his family on Kings Day, January 6, 2009, at their home at Pojoaque Pueblo. Left to right: Daughter Poqueen, Governor George Rivera, Mrs. Felicia Rivera, baby Valentino, and son PaaWee. 21 I - N ew s . Indian Affairs Department The American Indian Law Center, Inc. invites you to attend the 2nd Annual Tribal Leaders Conference, February 22-24, 2009 at the Isleta Hotel and Convention Center. “TRANSITIONS: Building Stronger Tribal Governance” This conference is specially designed for tribal leaders, judges, administrators, law enforcement, and other key personnel to learn about federal Indian law and other processes useful to tribal governments. The goal is to give a “jump start” to tribal administrations to be even more successful in leading their tribal communities in the next year. Registration deadline: January 30. Please visit www.ailc-inc.org for more information and to register for the conference. Thank You! IAD Vision Statement: New Mexico’s Native American citizens will have the resources necessary to improve their quality of life and maintain their cultures and languages through collaborative, productive and lasting government-to-government relationships between the State of New Mexico and Indian tribes, nations and pueblos as well as through effective participation of Native Americans in all aspects of state government. I-News Managing Editor: IAD Mission Statement: As a cabinet-level department, the Indian Affairs Department (IAD) is the lead coordinating agency in New Mexico state government for ensuring effective interagency and state-tribal government-togovernment relations. IAD reinforces tribal governmental efforts to ensure that Native American concerns and needs are addressed in state policymaking decisions; effectively manages, and facilitates ways to increase and leverage, state resources to benefit Native Americans; and successfully collaborates with national, tribal, state and local agencies, entities, and organizations. Rima.Krisst@state.nm.us “Consultation is not a catch-phrase. Consultation is a commitment." Hillary Rodham Clinton, U.S. Secretary of State, in her Senate confirmation remarks. Rima Krisst, Public Relations & Communications Director for the Indian Affairs Department. We welcome your feedback... Please send comments, suggestions, article contributions, and Native Horizons photos to: You can also reach us at: The New Mexico Indian Affairs Dept. Wendell Chino Building 2nd Floor 1220 S. St. Francis Drive Santa Fe, NM 87505 Phone: (505) 476-1600 FAX: (505) 476-1601 Visit our website at: www.iad.state.nm.us 22