Bill Text: NJ S2841 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides State recognition of certain Indian tribes for certain limited purposes, establishes process for future recognition of tribes and revises membership and duties of New Jersey Commission on American Indian Affairs.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-05-12 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S2841 Detail]
Download: New_Jersey-2010-S2841-Introduced.html
Sponsored by:
Senator RICHARD J. CODEY
District 27 (Essex)
SYNOPSIS
Provides State recognition of certain Indian tribes for certain limited purposes, establishes process for future recognition of tribes and revises membership and duties of New Jersey Commission on American Indian Affairs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning State recognition of certain Indian tribes for certain limited purposes and revising the membership and duties of the New Jersey Commission on American Indian Affairs, amending and supplementing P.L.1995, c.295.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The State of New Jersey officially recognizes the Nanticoke Lenni-Lenape Tribal Nation, the Ramapough Lenape Indian Nation and the Powhatan Renape Nation as American Indian Tribes for the limited purpose of assisting these tribes in: establishing eligibility for federal education, job training, and housing benefits and federal protection for the sale of artwork; qualifying for public and private grants for which Indian tribes or groups, or members thereof, may be eligible; protecting the ability of theses tribes and their members to engage in traditional religious practices and ceremonies; preserving and protecting burial sites and artifacts; and ensuring that handicrafts made by tribal members may be sold as "Indian made."
b. Nothing in this section shall be construed or interpreted as conferring recognition for any purpose except as expressly stated in subsection a. of this section, or as evidence that a tribe has a State compact or State approval for the purposes of the federal Indian Gaming Regulatory Act, 25 U.S.C. §2701 et seq. The limited State recognition accorded to the tribes named in subsection a. shall not be construed to affect in any way a tribe or group's case for federal recognition, shall not confer the right of any tribe, group, or individual to conduct gambling of any kind or to engage in the sale of motor fuels or tobacco, shall not constitute an acknowledgement of any claim by any tribe, group, or individual to any ancestral, tribal or other public or private lands, and shall be in addition to expressions of the Legislature contained in prior concurrent resolutions acknowledging these tribes as such and memorializing Congress to provide federal funds to these tribes.
2. (New section) a. The New Jersey Commission on American Indian Affairs shall develop criteria for the process of recognition of any organization, tribe, nation, or other group, other than the tribes recognized by subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), seeking official recognition by the State as an American Indian tribe only for the limited purposes specified in that section 1.
b. In addition to the recognition criteria developed by the New Jersey Commission on American Indian Affairs, each applicant seeking recognition by the State shall provide:
(1) historical documentation dating back to 1899 demonstrating that the organization, tribe, nation, or group has continuously existed in New Jersey since 1899 and is a continuous community of interrelated descendents of a historic American Indian tribe or tribes that has maintained internal governance and tribal identity in some manner that can be documented from at least the year 1900;
(2) a constitution and bylaws to prove the organization, tribe, nation or group has a formal organizational structure;
(3) a certificate of incorporation, if incorporated;
(4) a resolution stating that recognition is being sought, signed by all the members of the governing body of the organization, tribe, nation, or group and identifying its attorney if any;
(5) a list of any litigation involving the corporation, or the leadership in its capacity as an officer, of the organization, tribe, nation, or group;
(6) a list of current members, along with each member's home address;
(7) the location of the headquarters in New Jersey of the organization, tribe, nation, or group; and
(8) a statement bearing the notarized signatures of the three highest ranking officers of the organization, tribe, nation, or group, certifying that, to the best of their knowledge and belief, the information contained in the application is true and accurate.
c. The commission shall not consider the following for recognition: individual persons; tribes already recognized federally or by another state; members of a splinter group; or individuals eligible for membership in another New Jersey organization, tribe, nation, or group.
d. When an organization, tribe, nation, or group is granted recognition by the commission, the list of current members, along with each member's home address, shall be updated and submitted to the commission every seven years. The home addresses of the members shall not be subject to disclosure as a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), and shall be redacted when appropriate.
3. (New section) Upon receipt of an application for recognition by the State, the New Jersey Commission on American Indian Affairs shall review the application of any organization, tribe, nation, or other group seeking official recognition by the State as an American Indian tribe. The commission shall have 180 days from the receipt of the application to submit a report of its final recommendation to the Legislature. Upon receipt of the report, the Legislature shall affirm or reject the recommendation by the passage of a concurrent resolution by both Houses. If no action is taken by the Legislature within one year after receipt of the recommendation, the recommendation shall be deemed affirmed.
4. (New section) a. The New Jersey Commission on American Indian Affairs shall examine, evaluate, and recommend guidelines and procedures for the protection and preservation of American Indian burial grounds, sacred sites, and archaeological sites in New Jersey, which shall be the basis for the rules and regulations to be promulgated by the Department of State pursuant to subsection d. of this section.
For the purpose of this section:
"American Indian burial ground" means an area that has either oral or written documentation or has been recorded as a burial ground with American Indian human remains, an area that has had testing performed that shows evidence of American Indian human remains without oral or written documentation, or an area that is currently being used to bury American Indian human remains on American Indian lands or in American Indian private cemeteries that are not located on American Indian lands.
"Sacred site" means any marked or unmarked burial site or area, preparation site, or cemetery that is of ritual or traditional significance in religion and culture to American Indians, including archaeological sites, development sites, rock painting sites, caves, remnants of ancient dwellings, and any site that is of historical and present significance to American Indians.
b. The commission, in conjunction with the Secretary of State, the Commissioner of the Department of Environmental Protection and the Commissioner of the Department of Transportation, shall examine, evaluate, and recommend guidelines and procedures for the protection and preservation of American Indian burial grounds, sacred sites, and archaeological sites when discovered on land that is owned by the State, a local government, or a private individual or entity. The commission shall hold at least one public hearing to solicit public comment and suggestions on the issues and matters to be examined and evaluated pursuant to this subsection.
c. The commission shall submit to the Governor for approval the recommended guidelines and procedures for the protection and preservation of American Indian burial grounds, sacred sites, and archaeological sites in New Jersey as developed pursuant to this section.
d. Upon approval by the Governor of the recommended guidelines and procedures submitted by the commission, the Department of State shall promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to implement those recommended guidelines and procedures. The rules and regulations shall also establish a penalty schedule for a violation of a rule or regulation adopted pursuant to this subsection.
5. Section 1 of P.L.1995, c.295 (C.52:16A-53) is amended to read as follows:
1. There is established in the Department of State the New Jersey Commission on American Indian Affairs. The commission shall consist of [nine] eleven members: the Secretary of State, serving ex officio, and [eight] ten public members, not more than [four] five of whom shall be from the same political party. Two of the public members shall be members of the Nanticoke Lenni -Lenape [Indians] Tribal Nation, to be appointed by the Governor on the recommendation of the Confederation of the Nanticoke Lenni - Lenape Tribes and with the advice and consent of the Senate. Two of the public members shall be members of the Ramapough [Mountain] Lenape [Indians] Indian Nation, to be appointed by the Governor on the recommendation of the Ramapough [Mountain] Lenape [Indians] Indian Nation and with the advice and consent of the Senate. Two of the public members shall be members of the Powhatan Renape Nation, to be appointed by the Governor on the recommendation of the Powhatan Renape Nation and with the advice and consent of the Senate. Two of the public members shall be members of the Intertribal People, to be appointed by the Governor on the recommendation of the Intertribal People and with the advice and consent of the Senate. One of the public members shall be a recognized academic expert in the field of American Indian studies, to be appointed by the Governor with the advice and consent of the Senate. One of the public members shall be a representative of the New Jersey State Museum appointed by the Governor with the advice and consent of the Senate.
"Intertribal People" means American Indians who reside in New Jersey and are not members of the Nanticoke Lenni - Lenape [Indians] Tribal Nation, the Ramapough [Mountain] Lenape [Indians] Indian Nation, or the Powhatan Renape [Nation] Nation, but are enrolled members of another tribe recognized by another state or the federal government.
(cf: P.L.2001, c.417, s.2)
6. Section 4 of P.L.1995, c.295 (C.52:16A-56) is amended to read as follows:
4. The commission shall:
a. develop programs and projects relating to the cultural, educational and social development of New Jersey's American Indian communities;
b. develop programs and projects which further understanding of New Jersey's American Indian history and culture;
c. promote increased cooperation among all American Indian communities in the State;
d. serve as a Statewide reference and resource center to increase public knowledge of New Jersey's American Indian heritage;
e. act as a liaison among American Indian communities, the State and federal governments, and educational, social and cultural institutions;
f. be authorized to raise funds, through direct solicitation or other fund raising events, alone or with other groups, and accept gifts, grants and bequests from individuals, corporations, foundations, governmental agencies, public and private organizations and institutions, to defray the commission's administrative expenses and carry out the purposes of P.L.1995, c.295 (C.52:16A-53 et seq.), as amended and supplemented; and
g. [when requested by the Governor, assist the Legislature and Governor to investigate the authenticity of any organization, tribe, nation or other group seeking official recognition by the State as an American Indian tribe and submit a report of its findings to the Legislature and Governor within 180 days of the completion of an investigation. Nothing in this subsection shall be construed as authorizing the commission to recognize the authenticity of any organization, tribe, nation or other group as an American Indian tribe, which recognition shall require specific statutory authorization, nor shall this subsection be construed as in any way limiting the scope of information that may be considered in determining whether to grant such statutory recognition] deleted by amendment, P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2001, c.417, s.4)
7. (New section) Sections 1 through 3 of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), shall be known and may be cited as the "American Indian State Recognition Act."
8. This act shall take effect immediately.
STATEMENT
This bill provides that the State of New Jersey officially recognizes the Nanticoke Lenni-Lenape Tribal Nation, the Ramapough Lenape Indian Nation, and the Powhatan Renape Nation as American Indian Tribes for the limited purpose of assisting these tribes in: establishing eligibility for federal education, job training, and housing benefits and federal protection for the sale of artwork; qualifying for public and private grants for which Indian tribes or groups, or members thereof, may be eligible; protecting the ability to engage in traditional religious practices and ceremonies and to preserve and protect burial sites and artifacts; and ensuring that handicrafts made by tribal members may be sold as "Indian made."
The bill provides that it will not be construed as conferring recognition for any other purpose or used as evidence that a tribe has a State compact or State approval for the purposes of the federal Indian Gaming Regulatory Act, 25 U.S.C. §2701 et seq., or to engage in the sale of motor fuels or tobacco. The limited State recognition accorded to these tribes will not be construed to affect in any way a tribe or group's case for federal recognition, will not confer the right of any tribe, group, or individual to conduct gambling of any kind, and does not constitute an acknowledgement of any claim by any tribe, group, or individual to any ancestral, tribal or other public or private lands.
The bill also directs the New Jersey Commission on American Indian Affairs to develop criteria for the process of recognizing an organization, tribe, nation, or group as an American Indian tribe for the limited purposes described above and establishes standards for such recognition. It provides that the commission will review an application for State recognition and submit its recommendation for approval by the Legislature. If the Legislature does not act within one year, the commission's recommendation would be deemed affirmed.
The bill provides that the commission will develop guidelines and procedures for the protection and preservation of American Indian burial grounds, sacred sites, and archaeological sites in New Jersey, which will be the basis for the rules and regulations to be promulgated by the Department of State.
In addition, the bill expands the membership of the New Jersey Commission on American Indian Affairs from nine to eleven members by the addition of one public member who is a recognized expert in the field of American Indian studies and one public member who is a representative of the New Jersey State Museum.
Furthermore, the bill: provides that its provisions would not authorize a tribe to engage in the sale of motor fuels or tobacco; clarifies that the limited recognition conferred by the bill will be in addition to expressions of the Legislature contained in prior concurrent resolutions acknowledging these tribes as such and memorializing Congress to provide federal funds to these tribes; clarifies that the criteria developed by the New Jersey Commission of American Indian Affairs for the recognition of other groups as tribes will be restricted to the limited purposes for which the bill recognizes the three tribes named in the bill; and provides that a group seeking recognition from the commission, in addition to providing certain other information, must demonstrate that the group is a continuous community of interrelated descendants of a historic American Indian tribe or tribes that has maintained internal governance and tribal identity in some manner that can be documented from at least the year 1900.
