SF 3684

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

1.1A resolution
1.2relating to the sovereign status of federally recognized American Indian tribes and
1.3bands.
1.4WHEREAS, article 1, section 8, of the United States Constitution gives Congress the power
1.5"to regulate Commerce with foreign Nations, and among the several States, and with the Indian
1.6Tribes," thus recognizing American Indian tribes and bands as separate and independent political
1.7communities within the territorial boundaries of the United States; and
1.8WHEREAS, the United States Supreme Court has interpreted the United States Constitution
1.9as recognizing the sovereignty of American Indian tribes and bands by classifying treaties
1.10between the United States and American Indian tribes as part of the "supreme law of the land,"
1.11and by establishing Indian affairs as a unique area of federal concern; and
1.12WHEREAS, Congress has enacted measures that promote tribal economic development
1.13and tribal self-government and self-determination; and
1.14WHEREAS, previous U.S. presidents have affirmed tribal sovereignty and, thus, the rights
1.15of American Indian tribes and bands in the following ways:
1.16President Lyndon B. Johnson recognized "the right of the first Americans to freedom of
1.17choice and self-determination"; President Nixon strongly encouraged self-determination among
1.18American Indian people; President Reagan pledged "to pursue the policy of self-government"
1.19for American Indian tribes and reaffirmed "the government-to-government basis" for dealing
1.20with American Indian tribes; President George Bush stated that a government-to-government
1.21relationship between the American Indian tribes and the federal government was "the
1.22cornerstone of [his] Administration's policy of fostering tribal self-government and
2.1self-determination"; President Clinton issued an executive order to strengthen the United States'
2.2government-to-government relationships with American Indian tribes and to establish regular
2.3and meaningful consultation and collaboration with tribal officials in the development of federal
2.4policies that have tribal implications; and President George W. Bush issued a proclamation
2.5indicating that his administration will "continue to honor tribal sovereignty by working on a
2.6government-to-government basis with American Indians"; and
2.7WHEREAS, Governor Tim Pawlenty issued Executive Order #03-05 on April 9, 2003,
2.8recognizing the unique legal status of American Indian tribes and their right to existence,
2.9self-government, and self-determination and directing cabinet agencies to maintain the unique
2.10government-to-government relationship between the state of Minnesota and American Indian
2.11tribes; and
2.12WHEREAS, the state of Minnesota is committed to honoring federal laws, executive
2.13orders, and treaties pertaining to federally recognized American Indian tribes and bands in the
2.14state in order to strengthen and assist tribal governments in their development and to promote
2.15tribal self-governance; and
2.16WHEREAS, the Minnesota Legislature supports and is committed to the enforcement of the
2.17Indian Civil Rights Act of 1968, United States Code, title 25, sections 1301 and following, which
2.18safeguards tribal sovereignty while simultaneously ensuring that the civil rights of American
2.19Indians are protected; and
2.20WHEREAS, the Minnesota Legislature recognizes and respects tribal customs and
2.21traditions and considers it important that state government work to preserve tribal cultures; and
2.22WHEREAS, the Minnesota Legislature wishes to promote positive
2.23government-to-government relations between the state of Minnesota and the 11 federally
2.24recognized American Indian tribes located within the state; NOW, THEREFORE,
2.25BE IT RESOLVED by the Legislature of the State of Minnesota:
2.26(1) that it affirms recognition of the sovereign status of federally recognized American
2.27Indian tribes and bands as separate and independent political communities within the territorial
2.28boundaries of the United States to the fullest extent provided by federal law; and
2.29(2) that it urges all state departments and agencies to continue to reevaluate and improve the
2.30implementation of laws that affect American Indian tribal rights and, when engaging in activities
2.31or developing policies affecting American Indian tribal rights or trust resources, to do so in a
2.32knowledgeable manner that is respectful of tribal sovereignty.
3.1BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is
3.2directed to prepare copies of this memorial and transmit them to the 11 federally recognized
3.3American Indian tribes and bands in Minnesota, the Governor, the departments and agencies in
3.4the executive branch, Minnesota's Senators and Representatives in Congress, and the President
3.5of the United States.