LRB-4197/1
SRM:cjs:pg
2007 - 2008 LEGISLATURE
March 4, 2008 - Introduced by Senators Jauch, Robson, Harsdorf, Plale, Miller,
Kreitlow, Vinehout, Coggs, Lehman, Taylor, Wirch, Carpenter, Risser,
Breske, Decker, Hansen, Darling
and Schultz, cosponsored by
Representatives Musser, Soletski, Mursau, Sherman and Grigsby. Referred
to Committee on Senate Organization.
SJR97,1,2 1Relating to: state recognition of the sovereign status of federally recognized
2American Indian tribes and bands.
SJR97,1,73 Whereas, article I, section 8, of the U.S. Constitution gives Congress the power
4"to regulate Commerce with foreign Nations, and among the several States, and with
5the Indian Tribes," thus recognizing American Indian tribes and bands as separate
6and independent political communities within the territorial boundaries of the
7United States; and
SJR97,1,128 Whereas, the U.S. Supreme Court has interpreted the U.S. Constitution as
9recognizing the sovereignty of American Indian tribes and bands by classifying
10treaties between the United States and American Indian tribes as part of the
11"supreme law of the land," and by establishing Indian affairs as a unique area of
12federal concern; and
SJR97,1,1413 Whereas, Congress has enacted measures that promote tribal economic
14development and tribal self-government and self-determination; and
SJR97,2,17
1Whereas, previous U.S. presidents have affirmed tribal sovereignty and, thus,
2the rights of American Indian tribes and bands in the following ways: President
3Lyndon B. Johnson recognized "the right of the first Americans ... to freedom of choice
4and self determination"; President Nixon strongly encouraged "self-determination"
5among American Indian people; President Reagan pledged "to pursue the policy of
6self-government" for American Indian tribes and reaffirmed "the
7government-to-government basis" for dealing with American Indian tribes;
8President George Bush stated that a government-to-government relationship
9between the American Indian tribes and the federal government was "the
10cornerstone of [his] Administration's policy of fostering tribal self-government and
11self-determination"; President Clinton issued an executive order to strengthen the
12United States' government-to-government relationships with American Indian
13tribes and to establish regular and meaningful consultation and collaboration with
14tribal officials in the development of federal policies that have tribal implications;
15and President George W. Bush issued a proclamation indicating that his
16administration will "continue to honor tribal sovereignty by working on a
17government-to-government basis with American Indians"; and
SJR97,2,2518 Whereas, Governor Jim Doyle issued Executive Order #39 on February 27,
192004, recognizing the unique status of American Indian tribes and their right to
20existence, self-government, and self-determination and directing cabinet agencies
21to recognize the unique legal, government-to-government relationship between the
22state of Wisconsin and American Indian tribes, to take tribal interests into account
23when administering formerly federal programs and, when feasible and appropriate,
24to consult with tribal governments regarding state actions anticipated to directly
25affect an American Indian tribe or its members; and
SJR97,3,3
1Whereas, the Wisconsin legislature is committed to strengthening and
2assisting tribal governments in their development and to promoting tribal
3self-governance; and
SJR97,3,74 Whereas, the Wisconsin legislature supports and is committed to the
5enforcement of the Indian Civil Rights Act of 1968 (25 USC 1301 and following),
6which safeguards tribal sovereignty while simultaneously ensuring that the civil
7rights of American Indians are protected; and
SJR97,3,108 Whereas, the Wisconsin legislature wishes to promote positive
9government-to-government relations between the state of Wisconsin and each of the
10federally recognized American Indian tribes and bands in this state; and
SJR97,3,1311 Whereas, the Wisconsin legislature recognizes and respects tribal customs and
12traditions and considers it important that state government work to preserve tribal
13cultures; and
SJR97,3,1614 Whereas, tribal governments are now able to provide tribal members with
15better health care services, education, job training, employment opportunities, and
16other basic essentials; now, therefore, be it
SJR97,3,18 17Resolved by the senate, the assembly concurring, That the Wisconsin
18legislature:
SJR97,3,2219 (1) Affirms state recognition of the sovereign status of federally recognized
20American Indian tribes and bands as separate and independent political
21communities within the territorial boundaries of the United States to the fullest
22extent provided by federal law;
SJR97,3,2523 (2) Encourages all state departments and agencies, when engaging in activities
24or developing policies affecting American Indian tribal rights or trust resources, to
25do so in a knowledgeable manner that is respectful of tribal sovereignty;
SJR97,4,3
1(3) Encourages all state departments and agencies to continue to reevaluate
2and improve the implementation of laws that affect American Indian tribal rights;
3and
SJR97,4,54 (4) Encourages future governors to reaffirm and continue the policies specified
5in Executive Order #39; and, be it further
SJR97,4,10 6Resolved, That the senate chief clerk shall provide copies of this joint
7resolution to all federally recognized American Indian tribes and bands in
8Wisconsin, the governor, the departments and agencies in the executive branch,
9members of Congress representing Wisconsin, and the President of the United
10States.
SJR97,4,1111 (End)
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