BILL NUMBER: ACR 32 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 11, 2009
INTRODUCED BY Assembly Member Miller
FEBRUARY 24, 2009
Relative to Native American tribal rights.
LEGISLATIVE COUNSEL'S DIGEST
ACR 32, as amended, Miller. Native American tribal rights.
This measure would reaffirm state recognition of the sovereign
status of federally recognized Indian tribes as separate and
independent governmental and political communities within
the United States, encourage all state agencies, when engaging in
activities or developing policies affecting Native American tribal
rights or trust resources, to do so in a knowledgeable, sensitive
manner that is respectful of tribal sovereignty, and encourage all
state agencies to continue to reevaluate and improve the
implementation of laws affecting Native American tribal rights.
Fiscal committee: yes.
WHEREAS, The United States Constitution gives Congress the power
"to regulate Commerce with foreign Nations, and among the several
States, and with the Indian Tribes" (Section 8, Article I, U.S.
Const.), thus recognizing Native American tribes as separate and
independent political communities within the territorial boundaries
of the United States; and
WHEREAS, The United States Constitution has been construed to
recognize Indian sovereignty by classifying Indian treaties as part
of the "supreme law of the land," and to establish Indian affairs as
a unique area of federal concern; and
WHEREAS, Congress and the President of the United States have
enacted measures that promote tribal economic development, tribal
self-sufficiency, and a strong tribal government, such as the federal
Indian Gaming Regulatory Act (25 U.S.C. Sec. 2701 and following);
and
WHEREAS, Previous presidents have consistently affirmed tribal
sovereignty and, thus, the rights of Indian nations in the following
ways: President Lyndon B. Johnson recognized "the right of the first
Americans ... to freedom of choice and self-determination"; President
Nixon strongly encouraged "self-determination" among the Indian
people; President Reagan pledged "to pursue the policy of
self-government" for Indian tribes and reaffirmed "the
government-to-government basis" for dealing with Indian tribes; and
President George H.W. Bush recognized that the federal government's
"efforts to increase tribal self-governance have brought a renewed
sense of pride and empowerment to this country's native peoples"; and
WHEREAS, The Legislature of the State of California is committed
to strengthening and assisting Indian tribal governments in their
development and to promoting Indian self-governance; and
WHEREAS, The Legislature supports and is committed to the
enforcement of the Indian Civil Rights Act of 1968 (25 U.S.C. Sec.
1301 and following), which safeguards tribal sovereignty while
simultaneously ensuring that the civil rights of Indian people are
protected; and
WHEREAS, Because the Legislature recognizes and respects tribal
customs and traditions, it is important that the state government
work to preserve tribal cultures; and
WHEREAS, The Legislature acknowledges that tribal governments now
are able to provide tribal members with better health care services,
education, job training, employment opportunities, and other basic
essentials; and
WHEREAS, The Legislature further recognizes that tribal
governments have been generous benefactors--helping their neighbors
in making California communities as good as they can be; and
WHEREAS, The people of the State of California overwhelmingly
indicated their support for Indian sovereignty through the passage of
Proposition 5, the Tribal Government Gaming and Self-Sufficiency Act
of 1998, by a vote of 63 percent at the November 3, 1998, general
election and Proposition 1A, the Gambling on Tribal Lands Initiative,
by a vote of 64.5 percent at the March 20, 2000, primary election;
now, therefore, be it
Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the Legislature of the State of California
reaffirms state recognition of the sovereign status of federally
recognized Indian tribes as separate and independent
governmental and political communities within the territorial
boundaries of the United States, encourages all state agencies, when
engaging in activities or developing policies affecting Native
American tribal rights or trust resources, to do so in a
knowledgeable, sensitive manner that is respectful of tribal
sovereignty, and, in recognizing their tribal sovereignty, encourages
all state agencies to continue to reevaluate and improve the
implementation of laws that affect Native American tribal rights; and
be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to all federally recognized tribes in California,
Members of Congress, and the President of the United States.