1Providing for formal recognition by the Governor of Native
2American bands or clans, nations and tribes indigenous to
3Pennsylvania; providing for certification of Native American
4organizations; establishing the Commission on Native American
5Affairs; conferring powers and duties on the Department of
6Community and Economic Development; and imposing a penalty.

7TABLE OF CONTENTS

8Section 1. Short title.

9Section 2. Legislative intent.

10Section 3. Definitions.

11Section 4. Commission.

12Section 5. Eligibility to petition.

13Section 6. Recognition criteria.

14Section 7. Application process for recognition.

15Section 8. Certification criteria.

16Section 9. Application process for certification.

17Section 10. Notice of filing.

18Section 11. Recognition advisory committee.

19Section 12. Processing petitions.

1Section 13. Determination by commission.

2Section 14. Reconsideration of commission determination.

3Section 15. Governor's action on recognition recommendation.

4Section 16. Effects of recognition.

5Section 17. Fees.

6Section 18. Penalty.

7Section 19. Effective date.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Short title.

11This act shall be known and may be cited as the Native
12American Recognition Act.

13Section 2. Legislative intent.

14The General Assembly finds and declares as follows:

15(1) This Commonwealth has been historically the homeland
16of diverse groups.

17(2) The Commonwealth has a duty and responsibility to
18foster awareness, understanding and appreciation of the many
19and varied contributions to the quality of life made by its
20diverse ethnic communities, including Native Americans.

21(3) It is in the public interest for the Commonwealth
22and its citizens to identify, conserve and perpetuate the
23diverse cultural and ethnic heritage of this Commonwealth and
24to promote greater awareness and understanding for the
25education, inspiration and the general public welfare of all
26the people, including future generations.

27(4) It is in the shared interest of the Commonwealth and
28groups in Pennsylvania to avoid misrepresentation of Native
29American identity, culture and heritage.

30(5) It is in the shared interest of the Commonwealth and

1groups in this Commonwealth to establish a formal procedure
2to recognize groups indigenous to Pennsylvania and to certify
3Native American organizations.

4(6) Recognition and certification will enable the
5Commonwealth to provide access to Federal programs to
6eligible groups.

7Section 3. Definitions.

8The following words and phrases when used in this act shall
9have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"Band." A sociopolitical division of a tribe, separated from 
12the tribe by historical events or geographical, political or 
13similar causes.

14"Certification." The process by which the Indian status of a 
15Native American organization is approved by the commission for a 
16period of two years subject to biennial recertification.

17"Clan." A number of Native Americans related by bloodline 
18descent.

19"Commission." The Commission on Native American Affairs.

20"Committee." A recognition advisory committee established in 
21section 11.

22"Delegate." An individual who serves on a committee.

23"Department." The Department of Community and Economic 
24Development of the Commonwealth.

25"Group." A band, clan, tribe or nation.

26"Indian organization." An organization of members.

27"Indigenous to Pennsylvania." Having ancestors who inhabited 
28one or more specific areas within this Commonwealth before 1790.

29"Members." Those individuals who have been determined by a 
30group to be its members according to criteria established by the 

1group.

2"Nation." A distinct group of Native Americans, separated by 
3other groups by its own language, history, sacred places and 
4rituals, and rooted in and part of the land out of which it 
5grew.

6"Native American." Any individual or group that is, or has 
7its members descended from, a group which inhabited North 
8America before European contact in 1492.

9"Recognition." The process by which the Pennsylvania Indian 
10status of a Native American band, clan or tribe is granted by 
11the Governor.

12"Tribe." A separate and distinct community of Native 
13Americans generally related by blood, marriage or adoption, with 
14common cultural ties and interests which differentiate members 
15from nonmembers.

16Section 4. Commission.

17(a) Establishment.--The Commission on Native American
18Affairs is established in the department.

19(b) Commissioners.--

20(1) The commission shall consist of seven commissioners,
21appointed by the Governor, with the consent of a majority of
22the members elected to the Senate.

23(2) Four commissioners must be Native Americans.

24(3) If a commissioner is sentenced for an offense graded
25above a summary offense, the commissioner shall forfeit
26office.

27(4) A commissioner shall serve a term of six years or
28until a successor takes office. A commissioner may serve
29unlimited terms.

30(5) If a commissioner leaves office, a replacement shall

1be appointed and approved under paragraphs (1) and (2) for
2the remainder of the term.

3(c) Quorum.--Four commissioners constitute a quorum.

4(d) Officers.--The commission shall elect a chairperson from
5among the commissioners.

6(e) Compensation.--Commissioners shall serve without
7compensation but shall be reimbursed for actual and necessary
8expenses.

9(f) Support.--The department shall provide staff and support
10services for the commission.

11(g) Powers and duties.--The commission has the following
12powers and duties:

13(1) Administer this act.

14(2) Promulgate regulations to implement this act.

15Section 5. Eligibility to petition.

16(a) Recognition.--A group may apply to the commission for
17recognition if the group believes itself to be:

18(1) a Native American band, clan, tribe or nation; and

19(2) indigenous to Pennsylvania.

20(b) Certification.--A group may apply to the commission for
21certification.

22Section 6. Recognition criteria.

23The commission may recommend that an eligible petitioning
24group be recognized if the petitioning group establishes all of
25the following:

26(1) The group:

27(i) has been identified as Native American from
28before 1790 until the present; and

29(ii) has been part of a continuous Native American
30community from before 1790 until the present.

1(2) The members of the group are descendants from a
2tribe which:

3(i) existed before 1790;

4(ii) is indigenous to Pennsylvania;

5(iii) inhabited a specific area in Pennsylvania
6before 1790; and

7(iv) is composed principally of individuals who do
8not belong to any other acknowledged or recognized group
9and is not a splinter faction which has separated from a
10group currently recognized.

11Section 7. Application process for recognition.

12(a) Compliance with regulations.--A petition for recognition
13must comply with regulations promulgated by the commission.

14(b) Documentation.--To document that the petitioning group
15meets the established criteria, the petitioning group must
16submit the following:

17(1) Historical documents showing from before 1790 until
18the present, two or more of the following:

19(i) Long-standing relationships of the group with
20the government of the Commonwealth or the United States
21based on identification of the group or the group's
22members as Native American.

23(ii) Repeated dealings of the group with a county or
24other local government in a relationship based on the
25identification of the group or group's members as Native
26American.

27(iii) Repeated dealings of the group with other
28federally recognized or State-recognized groups or
29national Native American organizations in a relationship
30based on identification of the group as Native American.

1(iv) Identification of the group as Native American
2by anthropologists, historians, genealogists or other
3scholars.

4(v) Repeated identification of the group or group's
5members as Native American in official government
6records, church or school records, medical records,
7Bibles and other family records, newspapers, books,
8photographs or oral histories.

9(vi) Documents identifying the name of the group or
10other term recognizing the group as Native American with
11an approximate location in this Commonwealth from before
121790 until the present.

13(2) Documentation of membership criteria of the group
14which addresses all of the following:

15(i) A list of membership criteria established by the
16group.

17(ii) A statement of the membership procedures
18adopted by the group.

19(iii) A list of all individuals included on the
20group's current and previous rolls and the county in
21which each resides.

22(c) Other evidence.--The petitioner may submit any other
23evidence recognizing individuals as members of the group,
24including, but not limited to:

25(1) Affidavits from federally recognized or State-
26recognized tribal elders, tribal leaders or tribal officials
27recognizing individuals as members of the group.

28(2) Affidavits from individuals attesting to the fact
29that individuals have lived as members of the group.

30(3) Documentation that individuals have participated in

1programs available only to members of the group.

2(d) Personal information confidential.--To protect the
3confidential nature of this documentation, the commission shall
4deny inspection or copying of any part of the documentation that
5contains personal information relating to an individual.

6Section 8. Certification criteria.

7The commission shall certify an organization as a
8Pennsylvania Native American organization if the applicant
9demonstrates that:

10(1) The organization consists solely of members.

11(2) The organization is incorporated in this
12Commonwealth.

13(3) Fifty-one percent or more of the organization's
14board belong to federally recognized or State-recognized
15tribes.

16(4) Fifty-one percent or more of the organization's
17membership are Native American.

18(5) The organization has existed as an incorporated
19organization for a minimum of two years.

20Section 9. Application process for certification.

21(a) Compliance with regulations.--A petition for
22certification must comply with regulations promulgated by the
23commission.

24(b) Documentation.--To document that the petitioning
25organization meets the established criteria, the petitioning
26group must submit the following:

27(1) Evidence of incorporated status in this
28Commonwealth.

29(2) A copy of the organization's bylaws.

30(3) Evidence that 51% or more of its board belong to

1federally recognized or State-recognized tribes.

2(4) Evidence that 51% or more of the organization's
3membership are Native American.

4(c) Duration of certification.--Certification of Native
5American organization status shall be in effect for a period of
6two years. Organizations may reapply to renew their
7certification.

8Section 10. Notice of filing.

9Upon receipt of a complete application for recognition or
10certification, including payment of any required fees, the
11commission shall publish a notice of filing of the petition in
12the Pennsylvania Bulletin. Persons or groups wishing to support
13or challenge a petition must provide written comments within 30
14days of the filing of the notice in the Pennsylvania Bulletin.

15Section 11. Recognition advisory committee.

16(a) Convening of committee.--The commission shall convene a
17separate recognition advisory committee for each petition
18requesting recognition.

19(b) Role and responsibilities of committee.--The committee
20has the following powers and duties:

21(1) Review the petition for recognition to determine if
22any additional information is needed from the applicant
23before determination of the petition can be finalized.

24(2) Make recommendations for or against recognition.

25(c) Role of Native American commissioner.--The Native
26American commissioner shall:

27(1) Serve as the chairperson of the committee.

28(2) Call all meetings of the committee for petition
29reviews to order.

30(3) Be a nonvoting delegate of the committee.

1(4) Transmit all recommendations of the committee to the
2commission.

3(d) Composition of committee.--The committee shall consist
4of five voting delegates appointed by the commission who shall
5appoint the following delegates:

6(1) Two Native Americans from different federally
7recognized or State-recognized groups, other than the
8petitioning group.

9(2) One individual with demonstrated expertise in
10genealogy and if possible, in American Indian genealogy. If
11possible, this delegate must be a Native American.

12(3) Two individuals qualified in anthropology,
13ethnohistory or related fields. If possible, these delegates
14must be Native American.

15(e) Conflict of interest.--A delegate or the Native American
16Commissioner may not participate in any deliberations with
17respect to a petition made by a petitioning group of which the
18delegate or the commissioner is a member.

19(f) Compensation.--Delegates shall serve without salary or
20compensation but shall be reimbursed for actual and necessary
21expenses incurred while performing official functions required
22by this act, in accordance with procedures established by the
23Executive Board.

24Section 12. Processing petitions.

25(a) Acceptance by commission.--The commission shall accept
26for review all complete petitions. A petition may not be
27considered complete until the commission has received payment of
28required fees and all information requested in the petition form
29or required by this act.

30(b) Notice to group.--After a petition is received, the

1commission shall notify the petitioning group in writing that:

2(1) the petition is complete; or

3(2) the petition is incomplete and which additional
4information is required to complete the petition.

5(c) Failure to complete petition.--If the petitioning group
6fails to complete the petition within one year after notice is
7mailed to the petitioning group that the petition is not
8complete, the petition shall be deemed withdrawn and the
9commission shall notify the petitioning group.

10(d) Additional period to complete petition.--If the
11petitioning group during the one-year period requires additional
12time to complete the petition and provides reasonable
13justification, the commission may grant one additional period of
14up to one year for the petitioning group to complete the
15petition.

16(e) Referral of petition to committee.--After the commission
17determines the petition is complete, the commission shall refer
18the petition to the committee.

19(f) Preliminary review.--Within 25 days after referral under
20subsection (e), the committee shall review the documentation
21submitted for the petition and may, through the commission,
22request the petitioning group to submit any specific additional
23documentation necessary to determine whether a petitioning group
24meets the recognition criteria of this act.

25(g) Completion of review.--

26(1) After the commission notifies the petitioning group
27that all documentation requested has been received, the
28committee shall complete review of the petition and advise
29the commission whether the petitioning group meets the
30recognition criteria of this act.

1(2) In advising the commission whether a petition meets
2the recognition criteria of this act, the committee shall do
3all of the following:

4(i) Consider the petition, all factual or legal
5submissions in support of or in opposition to the
6petition and the petitioning group's written response.

7(ii) Use to the maximum extent practicable the
8information and sources available to it, including
9individuals not on the committee who have knowledge or
10expertise with Federal or other state Indian tribe
11recognition procedures or an understanding of the history
12of Native Americans in this Commonwealth.

13Section 13. Determination by commission.

14(a) Review of committee recommendation.--The commission
15shall review the committee's recommendation and determine
16whether the petition meets the criteria set forth in section 6.

17(b) Recognition criteria established.--If the commission
18determines that the petitioning group meets the recognition
19criteria of this act, the commission shall submit to the
20Governor a determination of findings and request that the
21petitioning group be recognized.

22(c) Inadequate information or documentation.--If the
23commission determines that the information or documentation
24submitted in support of the petition is not adequate to
25establish that the petitioning group meets the recognition
26criteria of this act, then the commission shall notify the
27petitioning group of its determination. The petitioning group
28may request reconsideration.

29Section 14. Reconsideration of commission determination.

30(a) Procedure for taking appeal.--Upon receipt of a

1determination that the criteria for recognition have not been
2met, the petitioning group may appeal for a reconsideration by
3the commission. The petitioning group must file a letter of
4intent within 30 days of receipt of the commission's
5determination and must submit additional documentation within 90
6days.

7(b) Appointment of review panel.--After receiving a request
8for review, the commission shall appoint a three-individual
9panel to review the commission's determinations and all the
10evidence submitted in support of or in opposition to the
11petition. The panel shall include at least one commissioner and
12one delegate, who together shall nominate the third individual
13to the commission for appointment.

14(c) Report of panel.--

15(1) The panel shall report its findings and
16recommendations to the commission within 60 days after
17expiration of the 90-day appeal period.

18(2) If the appeal panel concludes that the commission
19failed to adequately consider any evidence submitted and that
20the evidence if adequately considered may reverse the
21commission's determination, the appeal panel shall notify the
22commission to reconsider its previous determination.

23(3) Failure to act within the time specified in this
24subsection shall be deemed a notification to reconsider.

25(d) Action by commission.--The commission may either:

26(1) affirm its original finding and promptly notify the
27petitioning group; or

28(2) submit to the Governor its reconsidered
29determination and recommendation for recognition.

30(e) Notice to petitioning group.--The commission shall

1promptly notify the petitioning group of the commission's
2recommendation and final determination. The commission's
3determination under subsection (d) is subject to 2 Pa.C.S. Ch. 7
4Subch. A (relating to judicial review of Commonwealth agency
5action).

6Section 15. Governor's action on recognition recommendation.

7(a) Concurrence with request for recognition.--If the
8Governor concurs with a request for recognition by the
9commission, the Governor may issue an executive order to
10recognize the Pennsylvania Indian status of the petitioning
11group. The commission shall promptly notify appropriate
12governmental agencies and national and State Native American
13organizations of the executive order.

14(b) Nonconcurrence with request for recognition.--If the
15Governor does not concur with a request for formal recognition
16by the commission, the Governor shall notify the commission of
17the reasons and the commission shall promptly notify the
18petitioning group.

19Section 16. Effects of recognition.

20An executive order issued by the Governor under section 15
21shall not do any of the following:

22(1) Create rights to land.

23(2) Create rights or entitlements.

24(3) Impair valid or existing rights, benefits or
25entitlements of any Native Americans residing in this
26Commonwealth.

27(4) Impair existing judicial rulings of the Commonwealth
28regarding Native Americans indigenous to this Commonwealth.

29Section 17. Fees.

30(a) Establishment.--Fees required under this act shall be

1established and published by the commission as a notice in the
2Pennsylvania Bulletin. Fees shall be established by the
3commission in order to offset costs necessary to administer the
4provisions of this act and shall be nonrefundable.

5(b) Time for payment.--Payment of the fee established by the
6commission must be received at the time of filing the petition
7for recognition, certification or recertification.

8(c) Waiver of fee.--The commission may upon request of a
9petitioning group waive the petition fee, in full or in part, if
10the commission determines that payment of the fee will create
11financial hardship for the petitioning group.

12Section 18. Penalty.

13(a) Offense created.--In any matter relating to a petition
14under this act, a person commits a misdemeanor if the person:

15(1) Knowingly and intentionally falsifies or conceals a
16material fact.

17(2) Makes a false, fictitious, fraudulent statement or
18representation.

19(3) Makes or uses a writing or document with knowledge
20that the writing or document contains false, fictitious or
21fraudulent statements or entries.

22(b) Penalty.--A person who violates subsection (a) commits a
23summary offense.

24Section 19. Effective date.

25This act shall take effect in 60 days.