# Presentation: 264857

## 
Prepared and Presented by
Ada Pecos Melton, MPA

American Indian Development Associates
2401 12th St., NW, Suite 212
Albuquerque, NM  87104
(505) 842-1122; Fax (505) 842-9652
www.aidainc.net

**Prepared and Presented by**
**Ada Pecos Melton, MPA**
**American Indian Development Associates**
**2401 12th St., NW, Suite 212**
**Albuquerque, NM  87104**
**(505) 842-1122; Fax (505) 842-9652**
- _[www.aidainc.net](http://www.aidainc.net/)_

## Overview of Tribal Justice Integration 

**Infrastructure issues**
**Policy **
**Leadership support—local, tribal, state, and federal**
**Expertise**
**Institutional knowledge**
**Coordinated effort**
**Systems**
**Lack of affordable technology and equipment**
**Access to power, communication lines, etc.**
**Lack of expertise**
**Importing expertise and transferring or localizing knowledge**

- ©2002 American Indian Development Associates

## Infrastructure issues

**Sustainability concerns**
**Lack of funding for equipment, licenses, warranties, maintenance agreements, **
**Human resources**
**	****	****Visibility**
**Building tribal capacity—role of federally funded TTA**
**Building partnerships with local, intertribal, state and federal governments**

- ©2002 American Indian Development Associates

## Slide 4

- ©2002 American Indian Development Associates

## 1. Program Visibility 

- 	Ensure that tribal members are aware of the program from the beginning.
- Promote the program
- Promote program results
- Develop program leadership
- Incorporate social marketing strategies

- ©2002 American Indian Development Associates

## 2. Community Involvement

- 	Involve tribal programs and traditional tribal officials from all parts of the community
- Create opportunities for participation, collaboration, and resource sharing.
- Communicate openly
- Educate and inform the community
- Provide opportunities for training & leadership

- ©2002 American Indian Development Associates

## Consultation With Indian Nations

- 	**Consultation is one way of enacting government-to-government relations**
- 	It is a direct dialogue between one or more Indian nations and the U. S. government to discuss issues that impact them or where they may have an interest in the outcome of a federal agency’s decision.
- Presidents have reaffirmed the relationship through Executive Memoranda that mandate all executive departments and agencies of the Federal government to engage in meaningful consultation with Federally recognized tribes.

- Executive Order (EO) 13084, *Consultation and Coordination with Indian Tribal Governments: *
-  “...have an effective process to permit elected officials and other representatives of Indian tribal governments to provide meaningful and timely input in the development of regulatory policies on matters that significantly or uniquely affect their communities.”

- ©2002 American Indian Development Associates

## 1995 Policy on Indian Sovereignty and Government-to-Government Relations with Indian Tribes. 
Department's recognition of tribal sovereignty and the role of DOJ in fulfilling the Federal trust responsibility, the principles of Indian self-determination and self-governance, and the protection of Indian civil rights, religion and culture. 
Directs all DOJ components to conduct their activities consistent with the sovereignty and trust principles in their work with the Indian nations especially through consultation with elected or appointed officials and other representatives of Indian nation governments. This policy remained intact under the Attorney General Ashcroft administration.

***1995 Policy on Indian Sovereignty and Government-to-Government Relations with Indian Tribes. ***
- Department's recognition of tribal sovereignty and the role of DOJ in fulfilling the Federal trust responsibility, the principles of Indian self-determination and self-governance, and the protection of Indian civil rights, religion and culture.
- Directs all DOJ components to conduct their activities consistent with the sovereignty and trust principles in their work with the Indian nations especially through consultation with elected or appointed officials and other representatives of Indian nation governments. This policy remained intact under the Attorney General Ashcroft administration.

**U.S. DEPARTMENT OF JUSTICE**

- ©2002 American Indian Development Associates

## STATE GOVERNMENT POLICY

**STATE GOVERNMENT POLICY**

- State governments have passed similar policies supporting tribal-state consultation to promote effective government-to-government relations.
- State of New Mexico *Policy on Government-to-Government Relations* continues to guide relations between the 22 Indian nations and State agencies.
- 	This policy has been useful in developing consultation strategies between three Pueblos—Acoma, Laguna and Zuni and the state to develop intergovernmental agreements to share criminal history information across jurisdictions.

- ©2002 American Indian Development Associates

## PHILOSOPHY AND PURPOSES OF CONSULTATION

- Federal & State Policies on Tribal Consultation
- EM-Government-to-Government Relations with Native American Tribal Governments
- EO-Consultation and Coordination with Indian Tribal Governments
- DOJ Policy on Indian Sovereignty and Government-to-Government Relations with the Indian Tribes
- DOI Manual-512 American Indian Intergovernmental Relations and Alaska Native Programs Departmental Responsibilities
- Health Care Financing Administration guidance letter to States on Consultation with Indian Tribes and Organizations
- P.L. 93-638 Indian Self-determination Act
- P.L. 94-437 Indian Health Care Act
- P.L. 95-608 Indian Child Welfare Act
- P.L. 101-630 Indian Child Protection & Family Violence Prevention Act
- The Native American Graves Protection and Repatriation Act
- State of New Mexico Policy on Government-to-Government Relations
- New Mexico Children’s Code 1978 as amended in 1993 and 1999.

- Consultation is a form of communication between two equals,
- similar to diplomacy between nations.
- It builds upon the *political *and *legal foundations *found in state and federal statutes, treaties, and executive orders

- ©2002 American Indian Development Associates

## PHILOSOPHY AND PURPOSES OF CONSULTATION

**PHILOSOPHY AND PURPOSES OF CONSULTATION**

- 	Consultation philosophies are based on *ethical foundations* created by the relationship between the two sovereigns—the US and the Indian nations.
- This relationship is based on the cession of lands in return for provision of services, annuities and entitlements by the Federal government.
- Indian nations have an unalienable right to self-government and self-determination.
- Moral obligation and legal responsibility to support Indian nations in their self-governance efforts and promote consultation as the mechanism for exchange of information and interaction.

- ©2002 American Indian Development Associates