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Tribal Economic Development Task Force 1 · Tribal Economic Development Task Force 3 December 18, 2009 Bill Richardson, Governor State of New Mexico State Capitol Santa Fe, New Mexico

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1Tribal Economic Development Task Force

Tribal Economic Development Task Force2

Governor richardson’s Task Force on Tribal economic developmenT

2009 Report & RecommendationsTRIBAL ECONOMIC DEVELOPMENT TASK FORCE MEMBERS Marvis Aragon Jr., Deputy Cabinet Secretary, New Mexico Indian Affairs Department (designee)

Tracy Davis, Financial Advisor, New Mexico Finance Authority

Raul De Gouvea, Professor, University of New Mexico Anderson School of Management

Jennifer Hobson, Deputy Cabinet Secretary, New Mexico Department of Tourism (designee)

Leon Reval, Jicarilla Apache Nation

Ben Shelly, Vice-President, Navajo Nation

Mark Thompson, First Lieutenant Governor, Acoma Pueblo

STATE OF NEW MEXICO TECHNICAL ASSISTANCE STAFFDonnie Quintana; Community, Business and Development Team Leader;New Mexico Economic Development Department

Jerry Sandoval, Native American Liaison, New Mexico Economic Development Department

ADDITIONAL TECHNICAL ASSISTANCE STAFFAllan Begay; Executive Director, Division of Economic Development; Navajo Nation

Peter Deswood; Senior Economic Development Specialist, Division of Economic Development; Navajo Nation

Trish Lopez; Program Director, New Mexico Film Office; New Mexico Economic Development Department

Patrick Preston; Senior Economic Development Specialist, Division of Economic Development; Navajo Nation

Lisa Strout; Director, New Mexico Film Office; New Mexico Economic Development Department

Travis Suazo, Indian Tourism Director, New Mexico Tourism Department

LELA KASKALLA, Co-ChairGovernor Richardson’s Task Force on Tribal Economic Development

(Former) Governor, Nambe Pueblo

FRED MONDRAGóN, Co-ChairGovernor Richardson’s Task Force on Tribal Economic Development

Cabinet Secretary, New Mexico Economic Development Department

3Tribal Economic Development Task Force

December 18, 2009

Bill Richardson, Governor

State of New Mexico

State Capitol

Santa Fe, New Mexico 87501

Dear Governor Richardson:

By Executive Order 2009-037, on September 14, 2009, you established the Tribal Economic Development Task Force. We appreciate the approved

extension to submit our report by December 18, 2009. Herewith, we are pleased to deliver our report to you.

Your Executive Order assigned us three duties:

To research Native American Enterprise Zones and determine if such Zones could be beneficial in New Mexico. The Task Force shall also examine

current and potential incentive options to bring high wage jobs to Indian Country, including the development of Gross Receipt Tax incentives;

To identify ways for the state to include Native American tribes, nations and pueblos in the development of tourism and tourism resources, including

ecotourism initiatives, so that there is mutual benefit; and

To identify state resources available to assist tribes in accessing film industry economic development opportunities.

The Task Force has concluded that there are many existing opportunities for enhancement and that there is great potential for developing more.

Our recommendations are summarized in the report.

Thank you for giving us the opportunity to serve as Task Force Co-Chairs.

Sincerely,

Lela Kaskalla, Co-Chair

Governor Richardson’s Task Force on Tribal Economic Development

Fred Mondragón, Co-Chair

Governor Richardson’s Task Force on Tribal Economic Development

Tribal Economic Development Task Force4

Tribal lands in new mexico

5Tribal Economic Development Task Force

Introduction and Summary of Recommendations 6

Enterprise Zones 10

Taxation on Tribal Lands 15

Ecotourism 16

Green Economy 20

Opportunities in Film and Digital Media:The New Mexico Film Office 23

Economic Development Education 27

Resources 29

Table oF conTenTs

AAMHC Zuni photo archives

Tribal Economic Development Task Force6

The Governor’s Tribal Economic Task Force was created to explore, discuss and

define how all tribes and state entities can work together in a myriad of areas to

create and sustain economic development. In May 2009, Governor Bill Richardson

held a tribal summit with 22 tribal leaders. From this summit, it was determined that this

Task Force would be assembled to help answer economic development issues raised by tribal

leaders. These issues included identifying and accessing existing programs to encourage

economic development, as well as clearing a way for tribes to access available resources.

The Task Force identified several key areas to focus their efforts, including: the establishment

of enterprise zones, tribal taxation, exploring tourism and Eco-Tourism, developing

opportunities in the green economy, as well as participation in Film and Digital Media.

Within the report, each area of focus contains specialized assessments of programs,

resources and rules regarding tribal development. The sections then conclude with a list

of recommendations for action. For ease of use, the recommendations are again presented

collectively at the conclusion of the report.

Finally, and perhaps most importantly, we ask for a continuation of this Task Force to ensure

that we build on the foundation this report has created. We are prepared to host a Tribal

Economic Summit, targeted for February, 2010. Additionally, it is vital that there is Task

Force participation in the next State Tribal Leadership Summit.

The following is a summary of the recommendations presented in the report. It is the hope

of this Task Force that these recommendations will be taken under consideration and will be

effective in helping to unlock the economic potential within our tribal areas.

Tribal Economic Task Force Recommendations

ENTERPRISE ZONES Recommendation # 1: In coordination with the New Mexico Economic Development

Department, New Mexico tribes should consider establishing enterprise zones on

tribal land per the New Mexico Enterprise Zone Act [5-9-1 NMSA 1978].

Recommendation # 2: Per the New Mexico Enterprise Zone Act [5-9-9(B)],

the New Mexico Economic Development Department shall conduct workshops

throughout the state for the purpose of explaining the provisions of the Enterprise

Zone Act to local governments.

inTroducTion and summary oF recommendaTions

7Tribal Economic Development Task Force

Recommendation # 3: New Mexico Indian Affairs Department and Economic

Development Department should work with the New Mexico Partnership to advance

economic opportunity on tribally established enterprise zones.

Recommendation #4: New Mexico Economic Development Department and Indian

Affairs Department should review the Enterprise Zone Act to further develop viable

and useful incentives for businesses to locate on tribal trust status land, establish a

performance reporting process regarding effective implementation and use of the Act,

and assess the overlap of the tax issues as it pertains to the viability of tax incentives

for business to locate on tribal trust status land.

TAXATION ON TRIBAL LANDSRecommendation # 1: New Mexico Tax and Revenue Department should convene

an information-sharing session with tribal leadership to provide:

• Anoverviewofcurrenttribal-statecooperativeagreements

• AdiscussionoftheapplicabilityofNMTaxesontriballand

• BenefitsofenteringintocooperativeagreementswithNMTRD

Recommendation # 2: The review of tax incentives needs to expand beyond gross

receipts taxes.

Recommendation # 3: The Tribal Economic Development Task Force should

evaluate opportunities with New Market Tax Credits.

ECO TOuRISMRecommendation # 1: New Mexico Tourism Department should develop a formal

New Mexico Eco Tourism tribal promotion plan by March 31, 2010. The plan

should outline tribal outreach, participation opportunities, resources available and

possible industry partnerships.

Recommendation # 2: New Mexico Tourism Department should provide training

to tribal individuals for employment opportunities in the eco tourism industry.

GREEN ECONOMyRecommendation # 1: New Mexico Economic Development Department should

develop a formal New Mexico Green Economy tribal promotion plan by March 31,

2010, that outlines tribal outreach, participation opportunities, resources available and

possible industry partnerships.

Tribal Economic Development Task Force8

Recommendation # 2

The New Mexico Economic Development Department should meet with the

Navajo Nation and other tribes to determine how their initiatives driven by the

Navajo Green Commission Act and other such initiatives coordinate with the

state’s green initiative.

Recommendation # 3: New Mexico Indian Affairs Department should become

a member and participate in the New Mexico Green Jobs Cabinet and the Green

Industry Council to foster communication.

Recommendation # 4: Identify challenges to tribal participation with the NM

Green Economy and perhaps develop legislation.

Recommendation # 5: The Task Force should support a NM Green Economy

Summit

FILMRecommendation # 1:

The New Mexico Film Office shall develop a “best practices” model and brochure

and will conduct training sessions on these practices for tribal leadership.

Recommendation #2:

Film Office will develop a strong marketing effort that includes Tribes and

reaches out to the film industry to enable more film projects on tribal lands in

New Mexico.

Recommendation #3:

Tribal governments and entities that allow filming on tribal land need to have a

“we’re open for business” message.

EDuCATIONRecommendation # 1: Educational institutions should survey tribal entrepreneurs

to determine their specific needs and ideas for business development.

Recommendation # 2: Public business incubators (Small Business Development

Centers) should work directly with tribal governments and communities to

promote and service tribal entrepreneurs. They should develop a formal tribal

promotion plan by March 31, 2010. The plan should outline tribal outreach and

resource availability.

Microscopic algal biofuel

9Tribal Economic Development Task Force

Recommendation # 3: The New Mexico Bureau of Business and Economic

Research (uNM) and/or the Bureau of Business Research and Services (NMSu)

should update their study of economies in tribal communities. This study should

follow an economic zoning and approach study, listing business potentials for

each one of the state’s tribal communities and nations.

Recommendation # 4: The Tribal Economic Development Task Force supports

the New Mexico Junior Achievement Native American Initiative.

RESOuRCESRecommendation # 1: NM EDD and IAD with uSDA should develop a tribal

economic development training plan by February 2010

Recommendation # 2: The NM EDD and IAD should co-host a Tribal Economic

Development Summit in February 2010.

ADDITIONAL RECOMMENDATIONS:Recommendation # 1: The Tribal Economic Development Task Force should

continue in existence and effort until December 31, 2010.

Recommendation # 2: The NM EDD and IAD should develop a tribal economic

development strategic plan by July 31, 2010.

Recommendation#3: Recommendations from the Tribal Economic

Development Summit will be presented at the next State-Tribal Leader’s

Summit in March 2010.

Recommendation #4: The discussion over state-tribal taxing relationships should

be part of the Tribal Economic Development Summit.New Mexico Native American students participating in Student Exchange Program.

Tribal Economic Development Task Force10

Task Force Duty Research Native American Enterprise Zones and determine if such zones could

be beneficial in New Mexico.

The establishment of enterprise zones could help attract private business investment

and help resident businesses reinvest and grow in communities facing economic

challenge. They also assist many local governments that wish to have tax incentives

and other assistance available to stimulate sound business investments that support and

improve the quality of life of community residents.

New Mexico legislation [5-9-1 NMSA 1978] states: “The purpose of the Enterprise Zone

Act is to provide for the establishment of enterprise zones in a wide variety of geographic

areas in order to stimulate the creation of new jobs, particularly for economic disadvantaged

workers and long-term unemployed individuals, and to promote revitalization of

economically distressed areas by providing or encouraging:

• taxreliefatthestateandlocallevels;

• zoningreliefatthelocallevel;and

• improvement of local services andbetterment of the economic status of enterprise

zone residents in their own community, particularly through the increased involvement

of private, local and neighborhood organizations.”

A review and analysis of 5-9-1 NMSA 1978, the Enterprise Zone Act (Act), by the IAD

General Counsel, indicates the Act is valid and applicable to tribes conducting business

on tribal land. The Act outlines requirements for establishing an enterprise zone; the

tribe’s responsibilities for administration of the enterprise zone, including reporting and

audit requirements; the need to create an “enterprise zone fund;” and conditions when the

enterprise zone can be revoked.

Establishing a Tribal Enterprise ZoneThe tribe must promulgate an ordinance or resolution creating the enterprise zone. It

must include parameters regarding size and population characteristics of the enterprise

zone, and must also include an enterprise zone plan. All the tribe’s ordinances, resolutions,

joint powers agreements and enterprise zone plans of the tribe made under the Enterprise

Zone Act must be mailed within 10 days after adoption to the Secretary of Economic

Development, the Secretary of the Department of Finance and Administration, and the

Secretary of Taxation and Revenue.

The eligibility requirement section of the Act [5-9-5(D)(1)-(3)], provides that the governing

body of an Indian nation, tribe or pueblo may designate an enterprise zone within an area

enTerprise Zones

11Tribal Economic Development Task Force

within their Indian nation, tribe or pueblo (hereinafter, “tribe”), so long as the zone has the

following characteristics:

• Thezonecannotincludemorethan25%ofthetribalpopulation;

• Thelandareacannotexceed25%ofthelandareaofthetribe;and

• Withnewandexistingenterprisezones,thetotalzonescannotexceed25%ofone

tribe’s population or land area.

Furthermore, the area for economic enterprise must have widespread poverty, unemployment,

and general distress. These should be exhibited by substantial deterioration, abandonment, or

demolition of commercial or residential structures, and must include one of the following:

• Theaveragerateofunemploymentwithinthelast18monthsisatleast1%higherthan

the average rate of employment for the state; or

• At least 60% of the households living in the economic enterprise zone area have

incomesbelow80%ofthemedianincomeofhouseholdsinthetribe,asdetermine

pursuant to the federal Housing and Community Development Act of 1974.

The enterprise zone plan is to be developed and approved by the tribe after a public hearing

and before the designation by resolution or ordinance. The enterprise zone plan must

include the following:

• Mapoftheenterprisezone;

• Narrativedescribinghowthezonewilleliminateeconomicdistress;

• Descriptionoflocalincentivesandinitiativestobeimplemented;

• Concurrencesofanyotherlocalgovernmentsornongovernmentalentitiesinvolvedin

providing the local incentives and initiatives;

• Terminationdate;

• Listofstreetaddressescontainedinthezone;and

• Anyotherinformationrequiredbytheresolutiontobeincludedinthezoneplan.

The tribe may change the enterprise zone plan.

Administration of the Tribal Enterprise ZoneThe tribal government is responsible for the organization, coordination, and the direction

of the administration of the zone in accordance with all pertinent laws and agreements.

The entity can contract with a management entity, but the tribal government is solely

responsible to meet the reporting requirements. The tribe must report annually to the

Secretary of Economic Development on the following:

• Numberofnewjobscreatedwithinthezone;

• Percentage of jobs filled by economically disadvantagedworkers and percentage of

long-term unemployed workers;

• Localandprivateentitycommitmentsanddegreeofcompliance

Tribal Economic Development Task Force12

• Compliancewiththeeconomiczoneplan;

• Impactofthecreationofthezoneonthelevelofdistressinthezone;and

• Newdollarinvestmentsinthezoneforneworexpandedbusinessopportunities.

If the annual reporting requirements of the Enterprise Zone are not made, the Secretary of

Economic Development can make an automatic state revocation.

In addition, the Secretary of the Economic Development has the authority to make

performance audits at any time to determine:

• WhethertheenterprisezoneisincompliancewiththeEnterpriseZoneAct;

• Compliancewithlocalzoneordinances;and

• Compliancewithresolutions,jointpowersagreementsandtheenterprisezoneplan.

If the enterprise zone is out of compliance, the Secretary may immediately revoke the

designation of the areas as an enterprise zone.

Creating an Enterprise Zone FundThe tribe must create an “enterprise zone fund” for purposes of the Enterprise Zone Act.

The fund will have the following uses:

• toacquirepropertywithinthezone,

• preparethepropertyforredevelopment,

• providenecessaryinfrastructureimprovements,

• payallnecessaryrelatedexpensestoredevelopandfinancezoneprojects,

• fundtheadministrationofthezonewith10%orlessoftheannuallyavailablefunds.

The fund cannot be used for construction of buildings or other improvements not owned

by the tribe participating in the zone.

Terminating a Tribal Enterprise Zone The designation of the enterprise zone remains in effect from the date of designation until

the first of the following occurs:

• Theterminationdatespecifiedintheresolution;

• December31ofthefifteenthcalendaryear;or

• Thetriberevokesthedesignation.

If the designation of an enterprise zone is lost due to state revocation, the tribe loses its

right to designate successor enterprise zones for 48 months after the revocation letter date.

In addition, all tax increment financing agreements and tax credits cease at the end of the

calendar year in which the revocation occurred and all accumulated money in the enterprise

13Tribal Economic Development Task Force

zone fund shall revert back to the units of government originally impacted by the tax

increment authorization agreement.

Incentives and InitiativesThe local incentives and initiatives to be implemented may use local funds and, to the extent

permitted by law, funds from federal or state programs. These may include:

• Taxandfeereductionswhichmayapplywithintheenterprisezone;

• Programstoincreasethelevelofefficiencyoflocalservicesprovidedwithinthezone;

• Preferencestobegrantedtobusinessesoperatingwithinthezone;

• Mechanisms to increase equity ownership of residents and employees of businesses

operating within the zone; and

• Methods to involve private entities, organizations, neighborhood associations, and

community groups in the zone.

Benefits to BusinessesNew Mexico state agencies will give preference to businesses located in an enterprise zone

for state administered grant and loan programs including:

• Investmentsandloansthroughtheseverancetaxpermanentfundatmarketrates;

• In-planttrainingprograminstructionandjobtrainingthroughthefederalJobTraining

Partnership Act;

• Matchingfundsthroughcommunitydevelopmentblockgrants;and

• Otherincentivesthatareavailableatthestatelevel.

What are the benefits to tribes?

• Taxrelief–Statetaxcreditsorsalestaxcreditscouldbenegotiated,perhapsfortax

relief for tribally paid severance tax payments for oil and gas;

• Zoningreliefatthelocallevel(thismayormaynotberelevant);

• Improvementoflocalservices;

• Betterment of the economic status of enterprise zone residents in the community,

including increased involvement of private, local and neighborhood organizations;

• Jobcreation;

• Non-tribalbusinessdevelopment;

• Eliminationofslumsorblightedareasthroughredevelopmentandrehabilitation;and

• Preservationintheenterprisezone.

Recommendation # 1: In coordination with the New Mexico Economic

Development Department, New Mexico tribes should consider establishing

enterprise zones on tribal land per the New Mexico Enterprise Zone Act [5-9-1

NMSA 1978].

Students at the Navajo Technical College.

Tribal Economic Development Task Force14

Recommendation # 2: Per the New Mexico Enterprise Zone Act [5-9-9(B)],

the New Mexico Economic Development Department shall conduct workshops

throughout the state for the purpose of explaining the provisions of the Enterprise

Zone Act to local governments.

Recommendation # 3: New Mexico Indian Affairs Department and Economic

Development Department should work with the New Mexico Partnership to

advance economic opportunity on tribally established enterprise zones.

Recommendation #4: New Mexico Economic Development Department and

Indian Affairs Department should review the Enterprise Zone Act to further

develop viable and useful incentives for businesses to locate on tribal trust status

land, establish a performance reporting process regarding effective implementation

and use of the Act, and assess the overlap of the tax issues as it pertains to the

viability of tax incentives for business to locate on tribal trust status land.

SuSPECT ZERO f ilmed on Zuni Pueblo land

15Tribal Economic Development Task Force

Tribes in New Mexico have, over time, enacted various taxes

on property and on activities taking place on tribal lands, such

as possessory interest taxes, business activity taxes, sales taxes,

gross receipts taxes, hotel occupancy taxes, and tobacco taxes. These

taxes fund various tribal government needs. The State of New Mexico

has similarly enacted various taxes on property and activities within

New Mexico. In some instances, the tribal tax and the state tax can

be applied to the same property or activity, creating the effect of

dual taxation. This dual taxation can have the effect of hindering

economic development on tribal lands, preventing sovereign tribal

nations from capturing revenue to be used for public health,

safety and welfare purposes as other governments do, and creating

a “soft” foundation for long term financing and other economic

development ventures.

The New Mexico tax code contains provisions designed to lessen

the impact of dual taxation by giving New Mexico taxpayers credits

against their New Mexico tax for portions of the tribal taxes paid. For

example, Section 7-9-88.1 of the New Mexico Code provides for a

credit against the state gross receipts tax where the tribe has imposed

a qualifying tribal gross receipts tax. To enhance the collection and

administration of these taxes, some tribes and the State have entered into

cooperative agreements authorized by statute for the joint collection

and enforcement of certain taxes, such as the gross receipts tax. These

cooperative agreements have generated significant tax revenue for those

tribes that have chosen to participate.

In addition to the impact of dual taxation, tribal economic

development is also affected by some New Mexico tax credits or

incentives (such as the Film Production Tax Credit). Because these

credits or incentives are available only to the extent that economic

activities are subject to New Mexico taxes, activities that take place

on tribal lands that are not subject to New Mexico tax do not qualify

for the credits or incentives. That has the effect of discouraging

activity on tribal lands in favor of non-tribal lands in New Mexico.

TaxaTion on indian lands

If the tribes were to adopt credits or incentives similar to the New

Mexico credit, this effect could be reduced or eliminated.

In previous years, the New Mexico Economic Development

Department has attempted, on numerous occasions, to make tax

credits/incentives a priority when working with tribal communities

and with the All Indian Pueblo Council (AIPC). It is difficult to deal

with these issues in a plenary fashion. While the tribes and the AIPC

agree that there should be “Indian Incentives,” none have moved

forward with the concept.

On March 10, 2005, the New Mexico Economic Development

Department contracted with James O’Neill of O’Neill Consulting

LLC to look at this very issue. His contract was to look at all of our

tax credits/incentives to see what credits/incentives could be used in

tribal communities. Mr. O’Neill certified what we knew all along, that

tax credits/incentives would have to be tailored to each specific tribe

based on the industry, and on goods and services sold and/or provided

in order to avoid the dual taxation that occurs.

Recommendation # 1: The New Mexico Tax and Revenue

Department should convene an information-sharing session

with tribal leadership to provide:

• Anoverviewofcurrenttribal-statecooperativeagreements

• AdiscussionoftheapplicabilityofNewMexicotaxeson

tribal land

• Benefitsofenteringintocooperativeagreementswiththe

New Mexico Taxation and Revenue Department.

Recommendation # 2: The review of tax incentives needs to

expand beyond gross receipts taxes.

Recommendation # 3: The Tribal Economic Development

Task Force should evaluate opportunities with New Market

Tax Credits.

Tribal Economic Development Task Force16

Task Force Duty: Identify ways for the state to include tribes, nations and pueblos in the development

of tourism and tourism resources, including eco-tourism initiatives, so there is

mutual benefit

Ecotourism DefinedEcotourism is a nature-based form of specialty travel defined as “responsible travel” to natural

areas that conserves the environment and improves the well-being of local community. It

offers an authentic and engaging experience to travelers who want an off-the-beaten path

adventure that connects them with natural beauty and indigenous traditions. It is sensitive

to the environment, allowing unique access while treading lightly on the land. And for the

local communities it provides a rewarding and sustainable business model and enterprise.

New Mexico’s Ecotourism InitiativeIn an effort to allow New Mexico the opportunity to capitalize on a golden opportunity

toreachthisgrowingmarket–withthankstotheforesightandfiscalsupportofGovernor

BillRichardsonandthestatelegislature–theNewMexicoTourismDepartment(NMTD)

ecoTourism

Haak’u Museum, Acoma

17Tribal Economic Development Task Force

announced the awarding of a contract “to plan, coordinate, implement, and administer its

Ecotourism Program” to EcoNewMexico, LLC of Santa Fe. The strategy they will follow

is outlined below.

THE NM ECOTOuRISM VISION For New Mexico to become the premier role model and destination for ecotourism and

conservation initiatives in the United States of America.

THE ECOTOuRISM BENEFITS By leveraging our authentic New Mexican experiences, we will create transformative

journeys that will change the way travelers and residents alike experience New Mexico’s

vibrant natural landscapes, cultural heritage and bio-diversity.

• Eachdestinationwillserveasastewardforthelandthatitembracesandwillprovide

an authentic gateway into New Mexico’s wilderness and ancient cultures.

• WildernessadventuresaboundinNewMexicoandarearealdrawforecotouriststhat

reflect current trends. “When you bring people into contact with wild places, ancient

cultures and extraordinary wildlife, something changes them from within and they

become advocates and partners in the preservation process.”

• Having an authentic hands-on experience with the landscape attracts the kind of

visitor that is interested in leaving only footprints and could potentially invest in eco-

conscious endeavors in the State.

THE ECOTOuRISM PRODuCT A transformative journey that will change the way travelers and residents alike experience

New Mexico’s vibrant natural landscapes, cultural heritage and bio-diversity.

All of New Mexico’s Indian Pueblos and Tribal Nations are invited and encouraged to

participate in this unique program to showcase the indigenous cultures and natural assets

of New Mexico.

New Mexico is a highly popular destination for domestic and international travelers because

of its reputation for beautiful lands and rich cultures of the people. Indian Pueblos and

Tribal Nations of New Mexico are ideally positioned to benefit from the growing industry

of ecotourism by creating tourism programs and attractions to take advantage of this

heightened interest.

Ecotourism is not anything new in Indian Country. Indian Pueblos and Tribal Nations have been

hosting visitors for a long time with their own brand of beneficial ecotourism. The indigenous

people of New Mexico are finding ways of creating sustainable tourism programs while protecting

The New Mexico Department of

Tourism has embarked upon a bold,

exciting and progressive EcoTourism

Initiative, one that offers a huge

opportunity for New Mexico in the

fastest-growing segment in worldwide

tourism today.

– Jennifer Hobson,

Deputy Cabinet Secretary,

New Mexico

Tourism Department

Tribal Economic Development Task Force18

their lands and natural resources, supporting and improving quality of life for tribal members,

upholding tribal cultural values and traditions, protecting sacred sites, providing economic benefits

to tribal communities, and educating tribal members in successful business operations.

THE NM ECOTOuRISM EXPERIENCEWilderness experiences that enrich and educate:

• Guidedhorsebacktrips,backcountryhiking,birdwatching,stargazing,andmountain

biking expeditions, to name a few.

• VisitNativeAmericancommunitiesandancientlandsthatarelivingmuseumswith

their natural beauty and unfolding stories.

• Inspireactionthroughinvolvement—educatevisitorstowildernessissues,environmental

initiatives and wildlife preservation through hands-on experiences in the wild.

HOW NM ECOTOuRISM INITIATIVE BEGINSBy creating a network of partnerships through the state—business owners,

conservationists, native leaders, wildlife specialists, outfitters, community leaders—

that will bring together creative energy and expertise resulting in an innovative and

comprehensive tourism product.

EcoNewMexico Tribal OutreachEcoNewMexico has a strong belief that the participation of New Mexico’s Indian Pueblo

and Tribal Nations is crucial to the success of the ecotourism initiative. They have included

Ben Sherman (who is very familiar with tribal tourism and tribes in New Mexico) on their

team from the very beginning to seek and find ways to engage the active participation of

New Mexico’s Native American community.

After EcoNewMexico received the contract from the New Mexico Tourism Department in

September 2009, they initiated immediate efforts toward reaching out to key individuals in

New Mexico, seeking advice and guidance for ensuring Tribal participation in the initiative.

Some individuals they met with include:

• AlvinWarren,CabinetSecretary,IndianAffairsDepartment

• MarvisAragon,DeputyCabinetSecretary,IndianAffairsDepartment

• TravisSuazo,DevelopmentDirector,TourismDepartment

• JoeGarcia,Chairman,AllIndianPuebloCouncil

They are focused on developing a Tribal outreach program. This includes developing and

distributing a letter of introduction to Pueblo and Tribal leaders. In that letter they convey

the message about the importance and benefits of showcasing tribal cultures and lands as an

integral part of the ecotourism program. That effort at general outreach will continue in

coming months and weeks.

19Tribal Economic Development Task Force

They have tightened their focus further by meeting with several tribal individuals in attempts

to define specific ecotourism opportunities. They met three times with representatives of

the Jicarilla Apache Nation to assist them in developing a collaborative ecotourism project

with people from the Chama region. They also met with representative from the Laguna

Pueblo to explore their ecotourism potential.

They met with representatives from the Acoma Pueblo twice in Santa Fe and were invited

to the pueblo to discuss a promising ecolodge project Acoma is proposing. They visited the

Puye Cliff Dwellings with a special tour to evaluate the potential of that impressive site and

they are having a dialogue with representatives from Taos Pueblo to prepare for a January 7,

2010 workshop in Taos.

Recommendation # 1: New Mexico Tourism Department should develop a

formal New Mexico Eco Tourism tribal promotion plan by March 31, 2010.

The plan should outline tribal outreach, participation opportunities, resources

available and possible industry partnerships.

Recommendation # 2: New Mexico Tourism Department should provide training

to tribal individuals for employment opportunities in the eco tourism industry.

Tribal Economic Development Task Force20

Since 2004, when Governor Richardson declared New Mexico the “Clean Energy

State,” New Mexico has been cultivating its Green Economy. Economic development

in the area of clean energy and clean technology has been a priority ever since. In

2009, Governor Richardson created the Green Jobs Cabinet, chaired by Cabinet Secretary

Mondragón of the New Mexico Economic Development Department, to develop a strategy

to focus on and accelerate the growth of the Green Economy sector statewide. The final

report, New Mexico’s Green Economy: Capitalizing on Assets and Opportunities, was

released in October 2009 and is available at http://www.edd.state.nm.us/.

All five of the priority areas for New Mexico’s Green Economy, identified below, provide

significant opportunities for Tribal economic development:

• BetheleaderinRenewableEnergyExport

• BethecenteroftheNorthAmericanSolarIndustry

• LeadthenationinGreenGridInnovation

• BeacenterofexcellenceinGreenBuildingandinEnergyEfficiency

• Haveahighlyskilledandready-to-workworkforce

Specific opportunities are highlighted below.

Utility Scale Renewable Energy Production• ManyNewMexicoPueblosandTribeshavelandsuitableforutility-scalerenewable

energy projects. Statewide resource maps are available and should be consulted.

• Solar,wind,geothermalandbiomassareallviableoptionsinNewMexico.

• Tribally-ownedutilities(e.g.DinePower)provideanopportunityfortribestobemore

aggressive in demanding renewable energy.

• Modelsfortribalcollaborationwithprivatedevelopersareneeded.

Customer- and Community-Scale Renewable Energy Production• Thesearesmallsolar,windandgeothermalinstallations

• Off-the-gridsolutions

- Some tribal community members live in rural locations and do not have existing

electricity service.

- Renewable energy systems may provide good opportunities to provide electricity

without having to run miles of new transmission lines.

- This could be an area of expertise for New Mexican tribal businesses, with the

potential of having markets internationally, as well as across rural America.

• On-the-gridmarket

- Businesses like Sacred Power will have an opportunity to grow as the statewide

market for rooftop solar grows.

Green economy

21Tribal Economic Development Task Force

• Greengridtechnologies

- “Smart grid” and related technologies and businesses will be growing in New Mexico

Biofuel Production• Tribesandpuebloscanbeinvolvedinbiofuelproduction

• Algalbiofuelsgrowbestinareaswithstrongsun,plusNewMexico’sabundantbrackish

water supplies mean that potable water is not needed

• Dryland-farmedbiofuels,suchascamelinaandcastor,offeragoodopportunity

• Dairymanurecanbe“digested”intomethaneandtransportedvianaturalgaspipelines

• Oursolarresourcecanbeusedinthegasificationofbiomasstoproducefuels

Energy Efficiency Retrofitting and Green Building• Energyefficiencyretrofittingofexistingbuildingsrepresentsabigopportunity,butthis

is an emerging market with some challenges

- Energy efficiency saves money for customers and generates profits for businesses

- It is the “low hanging fruit” of the clean energy economy

- It pays for itself very quickly

- It puts idled construction workers back to work

- Financing tools are needed to reduce upfront costs

• Financinginitialinvestmentsviautilitybills,propertytaxassessments,etc.are

good options

- Simplicity and guaranteed performance for customers is needed to encourage adoption

- The goal is to create a framework to support a self-sustaining industry

• HowtoencourageretrofitsinTribalcommunities?

- Low-interest financing

- Customer awareness and marketing

- Partnership with utility companies?

- Can third-party companies play a role?

- Consider what works for different income brackets (e.g. low-income may need

subsidies, but middle income may just need good financing)

• There may be opportunities in manufacturing green building products and

manufactured housing

• Greenbuildingofnewconstructionbuildingswillbeastrongmarketasthenational

market improves

Tribally-owned Businesses and Contractors• AsNewMexico’sclusterofcleantechnologymanufacturing(e.g.solarmanufacturing)

grows, it will support more suppliers and service providers.

• Tribalenterpriseswillhavetheopportunitytodocontractmanufacturing,etc.

Governor Richardson’s Green Jobs Cabinet 1

New Mexico’s GreeN ecoNoMy: Capitalizing on Assets and Opportunities

September 21, 2009Developed by

Governor Bill Richardson’s Green Jobs Cabinet to fulfill Executive Order 2009-002

Tribal Economic Development Task Force22

• As the renewable energymarketmatures,Triballyowned solar,

wind and green construction companies will benefit

• Federal preference for Tribal contractors could provide an

opportunity given stimulus funding from the U.S. Congress

Ecotourism• Ecotourismmightbeagoodeconomicdevelopmentopportunityfor

Tribes and Pueblos

• TheNewMexicoDepartmentofTourismispursuingthis

Organic Agriculture• Organic certification might provide higher margins and a

stronger market for Tribal farmers

Workforce Development• New Mexico Tribal residents will have the best chance to

benefit if they have received training and hold nationally

recognized certifications. For example from NABCEP in solar

and the Building Performance Institute in construction.

• Federal training grants are an opportunity to grow training

programs

• New Mexico has received $1.25M to identify where green

jobs are and which industries are growing

• The Grassroots NM Green Collaborative is organizing to

promote green workforce development, www.rdcnm.org/

nmgreencollaborative/

Recommendation # 1:New Mexico Economic Development

Department should develop a formal New Mexico Green

Economy tribal promotion plan by March 31, 2010, that

outlines tribal outreach, participation opportunities, resources

available and possible industry partnerships.

Recommendation # 2: The New Mexico Economic

Development Department should meet with the Navajo Nation

to determine how their initiatives driven by the Navajo Green

Commission Act coordinate with the state’s green initiative.

Recommendation # 3: New Mexico Indian Affairs Department

should become a member and participate in the New Mexico

Green Jobs Cabinet and the Green Industry Council to foster

communication.

Recommendation # 4: Identify challenges to tribal participation

with the NM Green Economy and perhaps develop legislation.

Recommendation # 5The Task Force should support a NM

Green Economy Summit

Algal biofuel

23Tribal Economic Development Task Force

Task Force Duty: To identify state resources available to assist tribes in accessing film industry economic

development opportunities.

The New Mexico Film Office, a division of NMEDD, has made strong efforts

to attract the film industry to tribal lands throughout the state. One of their

initiatives in 2009 was to conduct, along with Native and Hispanic members of

the International Alliance of Theatrical and State Employees (IATSE) Local 480 Film Crew

Union, a tour around the state to discuss the local film industry, potential training and

job opportunities and answer questions in Native American lands and heavily populated

Hispanic communities. The first leg of the tour in June included visits to the Navajo Nation

in Shiprock and Grants; Acoma Pueblo; Espanola; Albuquerque’s South Valley and the Eight

Northern Indian Pueblos.

Programs and Services Offered or Endorsed by the NMFO for Native AmericansThe National Association of Latino Independent Producers’ Producers Academy

For the first time, the non-profit association sponsored this event in Santa Fe in August of

2008 and again in August of 2009. Native Americans were invited to apply whether or not

they were of Hispanic descent and whether or not they were a member of NALIP. The

2009 event trained 33 fellows from across the country, and dozens of crew, office staff and

fellows from New Mexico.

A Producers’ Roundtable with Native American Filmmakers

In October 2009, NM Film Office Director Lisa Strout hosted a gathering of prominent

Native American filmmakers from across the country to discuss expanding opportunities

for Native American actors in New Mexico. Attendees included producer Chad Burris;

director and producer Chris Eyre; actor and filmmaker Gary Farmer; casting director Rene

Haynes; casting director and filmmaker Angelique Midthunder; and producer Maura Studi.

Co-facilitated by Kathleen Broyles of Sundance Institute.

American Indian Heritage Month events

For the first time in November 2008 and again in November 2009, the NM Film Office

celebrated American Indian Heritage Month with a weekend of Native American films

presented free to the public, lectures, a reception for NM tribal leaders and a dance by local

Native American residents and worked in collaboration with the NM Department of Indian

Affairs in requesting a Proclamation be signed by Governor Bill Richardson declaring New

Mexico’s first official “American Indian Heritage Month”.

opporTuniTies in Film and diGiTal media: The new mexico Film oFFice

The New Mexico Film Off ice established a Native American Casting database.

Tribal Economic Development Task Force24

“Sundance in New Mexico”

In May, a formal agreement was reached between Governor Richardson, the Department

of Cultural Affairs, the Film Office, and world-renowned actor, director, producer and

environmentalist, Robert Redford, to establish “Sundance in New Mexico.” Sundance,

based in historic Los Luceros in northern New Mexico, will focus on training and

nurturing Native American and Hispanic filmmakers and on job creation through the arts.

Programming is currently being developed for 2010.

National Association of Latino Producers Writers Lab

For the second year, the National Association of Latino Independent Producers’ annual

Writers Lab program took place in New Mexico in May 2009, and again, was open to all

Native Americans and other under-represented minorities in the state.

Annual survey of the 22 Pueblos and Tribes

For the third consecutive year, the Film Office contracted Dennis Moquino from Zia Pueblo

to conduct a comprehensive survey of all 22 Pueblos and Tribes to determine:

• Levelofinterestinlocationfilming;

• Up-to-datecontactinformationandnameofliaison;

• Up-to-dateapprovalprocessforlocationfees,security,andrestrictions;

• Leveloftribalmembers’interestinworkinginthefilmindustry;and

• Whetherpermissionisgrantedfortakingupdatedlocationphotographs.

Other Activities• 2008and2009NewVisions/NewMexicoContractAwards–Sixwinnershavebeen

Native Americans filmmakers from the Navajo Nation and Taos Pueblo. Together they

arereceivingatotalof$88,500fortheirfilmprojects.

• 2008Governor’sCupScreenplayCompetition–OneofthetwowinnerswasNative

American from Taos and received a $10,000 award from our sponsor, National

Geographic All Roads Film Project.

• PreviousNMFilmmakerswinners,BlackhorseLoweandNanobahBecker,bothof the

Navajo Nation in New Mexico have had their NMFO-funded films accepted to Tribeca

and Sundance Film Festivals, respectively. 2009 New Visions winner Sydney Freeland of

Navajo Nation was just accepted to the Sundance Screenwriting Program in 2010.

• The 2008FirstVision Filmmakers Forum served over 600minority filmmakers in

two different conference events in April 2007 and March 2008. Over 300 minority

filmmakers attended each of these events, where they had the opportunity to hear

and meet leaders in the field along with representatives from National Geographic,

Aboriginal People’s Television Network, Native American Public Telecommunications,

Latino Public Broadcasting, National Association of Latino Independent Producers,

ABC/Disney’s Diversity Programs, and ImagineNative Film Festival.

Fy 2009 Film productionson Tribal lands by location

COCHITI PuEBLO

The Book of Eli

Kites

ISLETA PuEBLO

Breaking Bad

In Plain Sight (at Isleta Casino

Resort)

LAGuNA PuEBLO

Saint John of Las Vegas (at Route 66

Casino)

MESCALERO APACHE NATION

Transformers: Revenge of the Fallen

SANTA AÑA PuEBLO

Breaking Bad

SANTO DOMINGO PuEBLO

The Book of Eli

TO’HAJIILEE

Night and Day

Saint John of Las Vegas

ZIA PuEBLO

Breaking Bad

Doc West

In Plain Sight

Kites

Men Who Stare at Goats

Paul (at Big Chief gas station)

25Tribal Economic Development Task Force

Major Film and Video Productionsby Location: June 2003 — June 2009

TO’HAJIILEE2009 MacGruber2008 Saint John of Las Vegas2008 Night and Day2007 Breaking Bad, Pilot 2006 Carriers2003 A Thief of Time2003 Coyote Waits

ZIA 2009 MacGruber2009 Paul2009 Breaking Bad, Season 22009 In Plain Sight, Season 22008 Doc West2008 Men Who Stare at Goats2008 Kites

nativeamericanlandsCOCHITI 2009 The Loop 2009 The Book of Eli2008 Crash2008 Kites2008 Beer for My Horses2007 Dark Country2006 Carriers2006 Living Hell2005 Three Wise Guys

ISLETA2009 In Plain Sight, Season 22009 Breaking Bad, Season 22007 The Eye2006 Trade

JEMEZ 2008 Easier With Practice2008 Crash, Season 12007 Linewatch

LAGUNA 2008 Saint John of Las Vegas2006 Carriers2005 Three Wise Guys

MESCALERO2009 Homeland Nation TV2008 Transformers: Revenge

of the Fallen2005 Into the West2004 Warrior Women: Lozen

NAMBÉ 2006 The Hitcher2005 The Far Side of Jericho2005 Rent

OHKAY OWINGEH/SAN JUAN 2008 Spoken Word2008 Brothers

SAN FELIPE2006 The Hitcher

SAN ILDEFONSO2009 The Loop

SANTA ANA 2009 Breaking Bad, Season 22008 The Spy Next Door 2008 Sex & Lies in Sin City 2007 Wildfire2006 Carriers2006 In Plain Sight, Pilot2005 Three Wise Guys2003 A Thief of Time

SANTA CLARA 2006 Comanche Moon

SANTO DOMINGO 2009 The Book of Eli2006 In the Valley of Elah2006 Carriers2006 The Hitcher2005 The Astronaut Farmer2003 Mall Cop

2008 Love Ranch2008 Brothers2008 Game2007 Dark Country2007 Linewatch2006 Carriers2006 The Hitcher2006 Trade2005 The Far Side of Jericho2005 Wildfire TV Pilot2003 Coyote Waits2003 Mojave2003 The Missing2003 21 Grams

NAVAJO NATION2004 Black Cloud

New Mexico Film Office@ the Jean Cocteau418 Montezuma Ave. Santa Fe, NM 87501

800.545.9871 Toll-Free505.476.5600 Phone

505.476.5601 Fax6/09

filmnewmexico

nmfilm.com

Tribal Economic Development Task Force26

Planned Programs and Activities for Film and Digital MediaThe Film Office will continue to highlight New Mexico’s Native America, a cultural and

visual asset that distinguishes our region and enhances its appeal in the film industry. We

look forward to building on the strength of our and other organizations’ efforts to identify

and nurture, within the Indian community, talent in the film arts. We also seek to boost the

number of films produced on tribal lands.

To that end, we have recognized that in an increasingly competitive financial sphere, one in

which many states vie for film dollars, one way to expand film production on tribal lands

and to increase Native American participation in the film industry is to attract production

companies using financial incentives. Partnering with tribal leaders and other key

representatives of Governor Richardson’s tribal taskforce, we intend to identify existing tax

credits and financial incentive programs in order to actively recruit prospective production

companies. Further, we will collaborate with the taskforce to seek legislative approval

during the 2010 session for additional incentives endorsed by Tribes.

Film is a promising industry for New Mexico. It creates jobs. There are some tribal

individuals becoming more involved in the film industry especially inspired by Robert

Redford’s Sundance Film Festival.

Recommendation #1: The New Mexico Film Office shall develop a “best

practices” model and brochure and will conduct training sessions on these

practices fro tribal leadership.

Recommendation #2: Film Office will develop a strong marketing effort that

includes Tribes and reaches out to the film industry to enable more film projects

on tribal lands in New Mexico.

Recommendation #3: Tribal governments and entities that allow filming on

tribal land need to have a “we’re open for business” message.

27Tribal Economic Development Task Force

New Mexico has many opportunities and institutions ready to assist tribes in creating

a skilled workforce. In examining the potential options to bring high wage jobs

to Indian Country, there is a need for education to help combat unemployment.

Along with tribal governments supporting tribal owned enterprises, there is a tribal small

business community that could benefit from business training.

New Mexico Indigenous nations and tribal communities are under increasing pressure

to develop long-term sustainable economic development strategies. Education is a key

ingredient of any economic development strategy. A well educated and skilled labor force

has a dramatic impact on indigenous companies, nations, and tribal communities, their

economic growth and development.

High levels of unemployment have been an important issue in many tribal communities and

indigenous nations around the State of New Mexico. Fostering the creation and support

of indigenous business ventures, is a strategy that will lead to high levels of employment in

these communities and nations around the state.

UNM describes Indigenous Entrepreneurship as “The endeavor of a people to provide for

themselves a sustainable economy while at the same time maintaining self-determination,

cultural identity, and sovereignty.” Along with tribal governments having tribal owned

enterprises, there is a tribal small business community that could benefit from business

training. Professor Raul Gouvea has compiled a list that has 81 small and medium size

indigenous enterprises in the State of New Mexico. There is a substantial need for educational

training by these companies.

Many New Mexico educational institutions provide formal educational opportunities for

Native Americans interested in business and economic development. Some examples of

current programs offered through the Anderson School of Management at the University of

New Mexico (UNM) include:

• IndigenousEntrepreneurship,offeredattheundergraduateandgraduatelevels

• Casino&ResortManagement,offeredattheundergraduateandgraduatelevels

• American Indian Business & Management, offered at the undergraduate and

graduate levels

The Anderson School of Management has also developed two certificate programs that will

be offered through the Management Development Center (MDC):

• TheIndigenousEntrepreneurship&ManagementCertificateProgramand

• TheCasino&ResortManagementCertificateProgram.

economic developmenT educaTion

Tribal Economic Development Task Force28

The Anderson School of Management, UNM, has also held for the past three years

a Native American Business Career Fair, attracting a number of indigenous and non-

indigenous companies to campus aimed at recruiting Native American students with

a business degree.

Some examples of current programs offered through the New Mexico State University

(NMSU) include the Tribal Management Program that is being offered in partnership with

SIPI. The aim of the program is to prepare students to occupy managerial positions in tribal

enterprises. Students take courses in tribal management, tribal leadership, tribal law, and

tribal resources, and economic development.

Recommendation # 1: Educational institutions should survey tribal entrepreneurs

to determine their specific needs and ideas for business development.

Recommendation # 2: Public business incubators (Small Business Development

Centers) should work directly with tribal governments and communities to

promote and service tribal entrepreneurs. They should develop a formal tribal

promotion plan by March 31, 2010. The plan should outline tribal outreach and

resource availability.

Recommendation # 3: The New Mexico Bureau of Business and Economic

Research (uNM) and/or the Bureau of Business Research and Services (NMSu)

should update their study of economies in tribal communities. This study should

follow an economic zoning and approach study , listing business potentials for

each one of the state’s tribal communities and nations.

Recommendation # 4: The Tribal Economic Development Task Force supports

the New Mexico Junior Achievement Native American Initiative.

29Tribal Economic Development Task Force

Exploring Potential Incentive Options to Bring High- wage Jobs to Indian Country.

TRIBAL ASSESSMENT TOOL IAD Partnered with American Indian Chamber of Commerce to conduct an assessment

of current infrastructure needs and future economic development readiness.The assessment

follows the idea that adequate tribal infrastructure provides for economic opportunity

Through the development and use of an “Assessment Tool,” tribes can assess the condition

of their infrastructure, evaluate prior planning, identify the need for training/technical

assistance, and evaluate their economic development conditions/readiness. IAD expects that

tribes will utilize the Assessment Tool and subsequent Economic Development Profile to

be better positioned to make more informed decisions on current infrastructure needs and

allow for future economic ventures. Our Training and Technical Assistance Coordinator is

completing final edits to the final report including the tribal profiles .

ECONOMIC DEVELOPMENT CAPACITy BuILDING IADcontractedwithJJClacs&Company(“JJClacs”),a100percent-Nativeownedand

operatedconsultingfirm,tomanageaprojectentitled—BuildingCapacityforCommunity

&EconomicDevelopment.Theone-yearprojectwill:

• performeconomicdevelopmentcapacitybuilding

• work to develop stronger working relationships/partnerships between the tribal

communities and state and federal agencies

• Compriseofatleastthreeworkshops

• Allowparticipantstoself-selectaproject

TRIBAL RESOuRCE GuIDE IAD assisted the University of New Mexico Indigenous Planning Institute to create the

Tribal Resource Guide, whiche lists state, federal, and private funding sources. The guide

is available on our website.

IAD GuIDE TO STATE AGENCy NATIVE AMERICAN PROGRAMS AND SERVICESThis guide is similar to the Tribal Resource Guide, except it will focus on resources provided

by state government and its agencies to address tribal community needs and priorities.

Again, our Training and Technical Assistance Coordinator is completing final edits then the

guide will be posted on our website

resources

Tribal Economic Development Task Force30

COLLABORATION WITH NEW MEXICO ECONOMIC DEVELOPMENT DEPARTMENTNative American Market Tax Credit and Economic Development Assistance Guide

Funded and participated in the American Indian Chamber of Commerce Economic

Development Forum

Recommendation # 1: New Mexico Economic Development Department and

Indian Affairs Department with the uSDA should develop a tribal economic

development training plan by February 2010

Recommendation # 2: The New Mexico Economic Development Department

and Indian Affairs Department should co-host a Tribal Economic Development

Summit in February 2010.

NMSu Rio Grande Pow Wow

31Tribal Economic Development Task Force

Acoma

Tribal Economic Development Task Force32

Joseph M. Montoya Bldg. 1100 St. Francis Dr. Santa Fe, New Mexico 87504 505.827.0300 www.goNM.biz

ECONOMIC DEVELOPMENT DEPARTMENT