PRINTER'S NO. 516
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
505
Session of
2023
INTRODUCED BY SANTARSIERO, HAYWOOD, TARTAGLIONE, FONTANA,
BREWSTER, CAPPELLETTI, SAVAL, KEARNEY, COMITTA AND STREET,
MARCH 28, 2023
REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT,
MARCH 28, 2023
AN ACT
Providing for formal recognition by the Governor of Native
American bands or clans, nations and tribes indigenous to
Pennsylvania; providing for certification of Native American
organizations; establishing the Commission on Native American
Affairs; conferring powers and imposing duties on the
Department of Community and Economic Development; and
imposing a penalty.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Legislative intent.
Section 3. Definitions.
Section 4. Commission.
Section 5. Eligibility to petition.
Section 6. Recognition criteria guidelines.
Section 7. Application process for recognition.
Section 8. Certification criteria.
Section 9. Application process for certification.
Section 10. Notice of filing.
Section 11. Recognition advisory committee.
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Section 12. Processing petitions.
Section 13. Determination by commission.
Section 14. Reconsideration of commission determination.
Section 15. Governor's action on recognition recommendation.
Section 16. Effects of recognition.
Section 17. Fees.
Section 18. Penalty.
Section 19. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Native
American Recognition Act.
Section 2. Legislative intent.
The General Assembly finds and declares as follows:
(1) This Commonwealth has been historically the homeland
of diverse groups.
(2) The Commonwealth has a duty and responsibility to
foster awareness, understanding and appreciation of the many
and varied contributions to the quality of life made by its
diverse ethnic communities, including Native Americans.
(3) It is in the public interest for the Commonwealth
and its residents to identify, conserve and perpetuate the
diverse cultural and ethnic heritage of this Commonwealth and
to promote greater awareness and understanding for the
education, inspiration and the general public welfare of all
people, including future generations.
(4) It is in the shared interest of the Commonwealth and
groups in Pennsylvania to avoid misrepresentation of Native
American identity, culture and heritage.
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(5) It is in the shared interest of the Commonwealth and
groups in this Commonwealth to establish a formal procedure
to recognize groups indigenous to Pennsylvania and to certify
Native American organizations.
(6) Recognition and certification will enable the
Commonwealth to provide access to Federal programs to
eligible groups.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Band." A sociopolitical division of a tribe, separated from
the tribe by historical events or geographical, political or
similar causes.
"Certification." The process by which the Indian status of a
Native American organization is approved by the commission for a
period of two years subject to biennial recertification.
"Clan." A number of Native Americans related by bloodline
descent.
"Commission." The Commission on Native American Affairs
established in section 4.
"Committee." A recognition advisory committee established in
section 11.
"Delegate." An individual who serves on a committee.
"Department." The Department of Community and Economic
Development of the Commonwealth.
"Group." A band, clan, tribe or nation.
"Indigenous to Pennsylvania." Having ancestors who inhabited
one or more specific areas within this Commonwealth before 1790.
"Members." Those individuals who have been determined by a
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group to be its members according to criteria established by the
group.
"Nation." A distinct group of Native Americans, separated
from other groups by having its own language, history, sacred
places and rituals, and rooted in and part of the land out of
which it grew.
"Native American." Any individual or group that is, or has
its members descended from, a group which inhabited North
America before European contact in 1492.
"Recognition." The process by which the Pennsylvania Indian
status of a Native American band, clan or tribe is granted by
the Governor.
"Tribe." A separate and distinct community of Native
Americans generally related by blood, marriage or adoption, with
common cultural ties and interests which differentiate members
from nonmembers.
Section 4. Commission.
(a) Establishment.--The Commission on Native American
Affairs is established in the department.
(b) Commissioners.--
(1) The commission shall consist of seven commissioners,
appointed by the Governor, with the consent of a majority of
the members elected to the Senate.
(2) Four commissioners must be Native Americans.
(3) If a commissioner is sentenced for an offense graded
above a summary offense, the commissioner shall forfeit
office.
(4) A commissioner shall serve a term of six years or
until a successor takes office. A commissioner may serve
unlimited terms.
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(5) If a commissioner leaves office, a replacement shall
be appointed and approved under paragraphs (1) and (2) for
the remainder of the term.
(c) Quorum.--Four commissioners constitute a quorum.
(d) Officers.--The commission shall elect a chairperson from
among the commissioners.
(e) Compensation.--Commissioners shall serve without
compensation but shall be reimbursed for actual and necessary
expenses.
(f) Support.--The department shall provide staff and support
services for the commission.
(g) Powers and duties.--The commission shall have the
following powers and duties:
(1) Administer this act.
(2) Promulgate regulations and guidelines to implement
this act.
Section 5. Eligibility to petition.
(a) Recognition.--A group may apply to the commission for
recognition if the group believes itself to be:
(1) a Native American band, clan, tribe or nation; and
(2) indigenous to Pennsylvania.
(b) Certification.--A group may apply to the commission for
certification.
Section 6. Recognition criteria guidelines.
The commission shall promulgate guidelines specifying the
recognition criteria for a petitioning group. The guidelines
shall be based on whether the petitioning group meets the
following criteria:
(1) The petitioning group demonstrates a direct
genealogical connection to a Native American band, clan,
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tribe or nation that has been documented historically with
reasonable certainty as having inhabited lands within the
present boundaries of this Commonwealth.
(2) The petitioning group possesses formal membership
rolls and written standards for membership that are based on
an unbroken genealogical descent from a Native American band,
clan, tribe or nation that has been documented historically
with reasonable certainty as having inhabited lands within
the present boundaries of this Commonwealth.
(3) The petitioning group demonstrates that the
petitioning group is a distinct cultural entity capable of
self-regulation by documenting the existence and function of
the petitioning group's governmental and social institutions
and traditions.
(4) A substantial portion of the members of the
petitioning group presently inhabit a defined area and the
petitioning group's tribal headquarters are located within
this Commonwealth.
(5) The members of the petitioning group are a community
that is generally viewed as Native American and culturally
distinct from all other communities surrounding the
petitioning group.
Section 7. Application process for recognition.
(a) Compliance with regulations.--A petition for recognition
must comply with regulations promulgated by the commission.
(b) Documentation.--The commission shall create a list of
documentation for a petitioning group to submit in order to
document that the petitioning group meets the criteria specified
in section 6.
(c) Personal information confidential.--To protect the
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confidential nature of this documentation, the commission shall
deny inspection or copying of any part of the documentation that
contains personal information relating to an individual.
Section 8. Certification criteria.
The commission shall make a positive recommendation for
certification of an organization as a Pennsylvania Native
American organization if the applicant demonstrates that it
adequately meets the criteria specified in section 6.
Section 9. Application process for certification.
(a) Compliance with regulations.--A petition for
certification must comply with regulations promulgated by the
commission.
(b) Documentation.--The commission shall create a list of
documentation for the petitioning group to submit in order to
document that the petitioning group meets the criteria specified
in section 6.
(c) Duration of certification.--Certification of Native
American organization status shall be in effect for a period of
five years. Organizations may reapply to renew their
certification.
Section 10. Notice of filing.
Upon receipt of a complete application for recognition or
certification, including payment of any required fees, the
commission shall transmit notice of filing of the petition to
the Legislative Reference Bureau for publication in the next
available issue of the Pennsylvania Bulletin. Persons or groups
wishing to support or challenge a petition must provide written
comments within 30 days of the filing of the notice in the
Pennsylvania Bulletin.
Section 11. Recognition advisory committee.
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(a) Convening of committee.--The commission shall convene a
separate recognition advisory committee for each petition
requesting recognition.
(b) Role and responsibilities of committee.--The committee
has the following powers and duties:
(1) Review the petition for recognition to determine if
any additional information is needed from the applicant
before determination of the petition can be finalized.
(2) Make recommendations for or against recognition.
(c) Role of Native American commissioner.--A Native American
commissioner on the commission has the following duties with
respect to the committee:
(1) To serve as the chairperson of the committee.
(2) To call all meetings for petition reviews to order.
(3) To be a nonvoting delegate of the committee.
(4) To transmit all recommendations of the committee to
the commission.
(d) Composition of committee.--The committee shall consist
of five voting delegates appointed by the commission in
accordance with the following:
(1) Two Native Americans from different Federal or State
recognized groups, other than the petitioning group.
(2) One individual with demonstrated expertise in
genealogy and, if possible, in Native American genealogy. If
possible, this delegate must be a Native American.
(3) Two individuals qualified in anthropology,
ethnohistory or related fields. If possible, these delegates
must be Native Americans.
(e) Conflict of interest.--A delegate under subsection (d)
or the Native American Commissioner may not participate in any
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deliberations with respect to a petition made by a petitioning
group of which the delegate or the commissioner is a member.
(f) Compensation.--Delegates shall serve without salary or
compensation but shall be reimbursed for actual and necessary
expenses incurred while performing official functions required
by this act.
Section 12. Processing petitions.
(a) Acceptance by commission.--The commission shall accept
for review all complete petitions. A petition may not be
considered complete until the commission has received payment of
required fees and all information requested in the petition form
or required by this act.
(b) Notice to group.--After a petition is received, the
commission shall notify the petitioning group in writing:
(1) that the petition is complete; or
(2) that the petition is incomplete and the additional
information required to complete the petition.
(c) Failure to complete petition.--If the petitioning group
fails to complete the petition within one year after notice
under subsection (b) is mailed to the petitioning group that the
petition is not complete, the petition shall be deemed withdrawn
and the commission shall notify the petitioning group.
(d) Additional period to complete petition.--If the
petitioning group during the one-year period under subsection
(c) requires additional time to complete the petition and
provides reasonable justification, the commission may grant one
additional period of up to one year for the petitioning group to
complete the petition.
(e) Referral of petition to committee.--After the commission
determines the petition is complete, the commission shall refer
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the petition to the committee.
(f) Preliminary review.--Within 25 days after referral under
subsection (e), the committee shall review the documentation
submitted for the petition and may, through the commission,
request the petitioning group submit any specific additional
documentation necessary to determine whether a petitioning group
meets the recognition criteria specified in section 6.
(g) Completion of review.--After the commission notifies the
petitioning group that all requested documentation has been
received, the committee shall complete review of the petition
and advise the commission whether the petitioning group meets
the recognition criteria specified in section 6. In advising the
commission whether a petition meets the recognition criteria
specified in section 6, the committee shall do all of the
following:
(1) Consider the petition, all factual or legal
submissions in support of or in opposition to the petition
and the petitioning group's written response.
(2) Use to the maximum extent practicable the
information and sources available to it, including
individuals not on the committee who have knowledge or
expertise with Federal or other state Indian tribe
recognition procedures or an understanding of the history of
Native Americans in this Commonwealth.
Section 13. Determination by commission.
(a) Review of committee recommendation.--The commission
shall review the committee's recommendation and determine
whether the petition meets the criteria specified in section 6.
(b) Recognition criteria established.--If the commission
determines that the petitioning group meets the criteria
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specified in section 6, the commission shall submit to the
Governor a determination of findings and request that the
petitioning group be recognized.
(c) Inadequate information or documentation.--If the
commission determines that the information or documentation
submitted in support of the petition is not adequate to
establish that the petitioning group meets the criteria
specified in section 6, the commission shall notify the
petitioning group of its determination. The petitioning group
may request a reconsideration under section 14.
Section 14. Reconsideration of commission determination.
(a) Procedure for taking appeal.--Upon receipt of a
determination that the criteria for recognition have not been
met, the petitioning group may appeal for a reconsideration by
the commission. The petitioning group must file a letter of
intent within 30 days of receipt of the commission's
determination and must submit additional documentation within 90
days.
(b) Appointment of review panel.--After receiving a request
for review, the commission shall appoint a three-individual
panel to review the commission's determinations and all the
evidence submitted in support of or in opposition to the
petition. The panel shall include at least one commissioner and
one delegate, who together shall nominate the third individual
to the commission for appointment to the panel.
(c) Report of panel.--The panel shall report its findings
and recommendations to the commission within 60 days after
expiration of the 90-day appeal period. If the review panel
concludes that the commission failed to adequately consider any
evidence submitted and that the evidence, if adequately
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considered, may reverse the commission's determination, the
appeal panel shall notify the commission to reconsider its
determination. Failure to act within the time specified in this
subsection shall be deemed a notification to reconsider.
(d) Action by commission.--The commission may either:
(1) affirm its original determination and promptly
notify the petitioning group; or
(2) submit to the Governor its reconsidered
determination and recommendation for recognition.
(e) Notice to petitioning group.--The commission shall
promptly notify the petitioning group of the commission's
recommendation and final determination. The commission's
determination under subsection (d) is subject to 2 Pa.C.S. Ch. 7
Subch. A (relating to judicial review of Commonwealth agency
action).
Section 15. Governor's action on recognition recommendation.
(a) Concurrence with request for recognition.--If the
Governor concurs with a request for recognition by the
commission, the Governor may issue an executive order to
recognize the Pennsylvania Indian status of the petitioning
group. The commission shall promptly notify appropriate
governmental agencies and national and State Native American
organizations of the executive order.
(b) Nonconcurrence with request for recognition.--If the
Governor does not concur with a request for formal recognition
by the commission, the Governor shall notify the commission of
the reasons and the commission shall promptly notify the
petitioning group.
Section 16. Effects of recognition.
An executive order issued by the Governor under section 15
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shall not do any of the following:
(1) Create rights to land.
(2) Create rights or entitlements.
(3) Impair valid or existing rights, benefits or
entitlements of any Native Americans residing in this
Commonwealth.
(4) Impair existing judicial rulings of the Commonwealth
regarding Native Americans indigenous to Pennsylvania.
Section 17. Fees.
(a) Establishment.--Fees required under this act shall be
set by the commission and the commission shall transmit notice
of the fees to the Legislative Reference Bureau for publication
in the next available issue of the Pennsylvania Bulletin. Fees
shall be set by the commission in order to offset costs
necessary to administer the provisions of this act and shall be
nonrefundable.
(b) Time for payment.--Payment of fees as set by the
commission must be received at the time of filing the petition
for recognition, certification or recertification.
(c) Waiver of fee.--The commission may upon request of a
petitioning group waive the petition fee, in full or in part, if
the commission determines that payment of the fee will create
financial hardship for the petitioning group.
Section 18. Penalty.
In any matter relating to a petition under this act, a person
commits a misdemeanor of the third degree if the person:
(1) Knowingly and intentionally falsifies or conceals a
material fact.
(2) Makes a false, fictitious or fraudulent statement or
representation.
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(3) Makes or uses a writing or document with knowledge
that the writing or document contains false, fictitious or
fraudulent statements or entries.
Section 19. Effective date.
This act shall take effect in 60 days.
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