PRINTER'S NO. 162
No. 136 Session of 2007
INTRODUCED BY BISHOP, BELFANTI, BLACKWELL, CALTAGIRONE, COHEN, DALEY, FRANKEL, GEIST, JAMES, MANDERINO, PALLONE, PARKER, PRESTON, RAMALEY, RAPP, SIPTROTH, SONNEY, STEIL, WALKO, WATSON, WILLIAMS, WOJNAROSKI, YOUNGBLOOD AND JOSEPHS, JANUARY 31, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 31, 2007
AN ACT 1 Providing for formal recognition by the Governor of Native 2 American bands or clans, nations and tribes indigenous to 3 Pennsylvania; providing for certification of Native American 4 organizations; establishing the Commission on Native American 5 Affairs; conferring powers and duties on the Department of 6 Community and Economic Development; imposing a penalty; and 7 making an appropriation. 8 TABLE OF CONTENTS 9 Section 1. Short title. 10 Section 2. Legislative intent. 11 Section 3. Definitions. 12 Section 4. Commission. 13 Section 5. Eligibility to petition. 14 Section 6. Recognition criteria. 15 Section 7. Application process for recognition. 16 Section 8. Certification criteria. 17 Section 9. Application process for certification. 18 Section 10. Notice of filing. 19 Section 11. Recognition advisory committee.
1 Section 12. Processing petitions. 2 Section 13. Determination by commission. 3 Section 14. Reconsideration of commission determination. 4 Section 15. Governor's action on recognition recommendation. 5 Section 16. Effects of recognition. 6 Section 17. Fees. 7 Section 18. Penalty. 8 Section 19. Appropriation. 9 Section 20. Effective date. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. Short title. 13 This act shall be known and may be cited as the Native 14 American Recognition Act. 15 Section 2. Legislative intent. 16 The General Assembly finds and declares as follows: 17 (1) This Commonwealth has been historically the homeland 18 of diverse groups. 19 (2) The Commonwealth has a duty and responsibility to 20 foster awareness, understanding and appreciation of the many 21 and varied contributions to the quality of life made by its 22 diverse ethnic communities, including Native Americans. 23 (3) It is in the public interest for the Commonwealth 24 and its citizens to identify, conserve and perpetuate the 25 diverse cultural and ethnic heritage of this Commonwealth and 26 to promote greater awareness and understanding for the 27 education, inspiration and the general public welfare of all 28 the people, including future generations. 29 (4) It is in the shared interest of the Commonwealth and 30 groups in Pennsylvania to avoid misrepresentation of Native 20070H0136B0162 - 2 -
1 American identity, culture and heritage. 2 (5) It is in the shared interest of the Commonwealth and 3 groups in this Commonwealth to establish a formal procedure 4 to recognize groups indigenous to Pennsylvania and to certify 5 Native American organizations. 6 (6) Recognition and certification will enable the 7 Commonwealth to provide access to Federal programs to 8 eligible groups. 9 Section 3. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Band." A sociopolitical division of a tribe, separated from 14 the tribe by historical events or geographical, political or 15 similar causes. 16 "Certification." The process by which the Indian status of a 17 Native American organization is approved by the commission for a 18 period of two years subject to biennial recertification. 19 "Clan." A number of Native Americans related by bloodline 20 descent. 21 "Commission." The Commission on Native American Affairs. 22 "Committee." A recognition advisory committee established in 23 section 11. 24 "Delegate." An individual who serves on a committee. 25 "Department." The Department of Community and Economic 26 Development of the Commonwealth. 27 "Group." A band, clan, tribe or nation. 28 "Indian organization." An organization of members. 29 "Indigenous to Pennsylvania." Having ancestors who inhabited 30 one or more specific areas within this Commonwealth before 1790. 20070H0136B0162 - 3 -
1 "Members." Those individuals who have been determined by a 2 group to be its members according to criteria established by the 3 group. 4 "Nation." A distinct group of Native Americans, separated by 5 other groups by its own language, history, sacred places and 6 rituals, and rooted in and part of the land out of which it 7 grew. 8 "Native American." Any individual or group that is, or has 9 its members descended from, a group which inhabited North 10 America before European contact in 1492. 11 "Recognition." The process by which the Pennsylvania Indian 12 status of a Native American band, clan or tribe is granted by 13 the Governor. 14 "Tribe." A separate and distinct community of Native 15 Americans generally related by blood, marriage or adoption, with 16 common cultural ties and interests which differentiate members 17 from nonmembers. 18 Section 4. Commission. 19 (a) Establishment.--The Commission on Native American 20 Affairs is established in the department. 21 (b) Commissioners.-- 22 (1) The commission shall consist of seven commissioners, 23 appointed by the Governor, with the consent of a majority of 24 the members elected to the Senate. 25 (2) Four commissioners must be Native Americans. 26 (3) If a commissioner is sentenced for an offense graded 27 above a summary offense, the commissioner shall forfeit 28 office. 29 (4) A commissioner shall serve a term of six years or 30 until a successor takes office. A commissioner may serve 20070H0136B0162 - 4 -
1 unlimited terms. 2 (5) If a commissioner leaves office, a replacement shall 3 be appointed and approved under paragraphs (1) and (2) for 4 the remainder of the term. 5 (c) Quorum.--Four commissioners constitute a quorum. 6 (d) Officers.--The commission shall elect a chairperson from 7 among the commissioners. 8 (e) Compensation.--Commissioners shall serve without 9 compensation but shall be reimbursed for actual and necessary 10 expenses. 11 (f) Support.--The department shall provide staff and support 12 services for the commission. 13 (g) Powers and duties.--The commission has the following 14 powers and duties: 15 (1) Administer this act. 16 (2) Promulgate regulations to implement this act. 17 Section 5. Eligibility to petition. 18 (a) Recognition.--A group may apply to the commission for 19 recognition if the group believes itself to be: 20 (1) a Native American band, clan, tribe or nation; and 21 (2) indigenous to Pennsylvania. 22 (b) Certification.--A group may apply to the commission for 23 certification. 24 Section 6. Recognition criteria. 25 The commission may recommend that an eligible petitioning 26 group be recognized if the petitioning group establishes all of 27 the following: 28 (1) The group: 29 (i) has been identified as Native American from 30 before 1790 until the present; and 20070H0136B0162 - 5 -
1 (ii) has been part of a continuous Native American 2 community from before 1790 until the present. 3 (2) The members of the group are descendants from a 4 tribe which: 5 (i) existed before 1790; 6 (ii) is indigenous to Pennsylvania; 7 (iii) inhabited a specific area in Pennsylvania 8 before 1790; and 9 (iv) is composed principally of individuals who do 10 not belong to any other acknowledged or recognized group 11 and is not a splinter faction which has separated from a 12 group currently recognized. 13 Section 7. Application process for recognition. 14 (a) Compliance with regulations.--A petition for recognition 15 must comply with regulations promulgated by the commission. 16 (b) Documentation.--To document that the petitioning group 17 meets the established criteria, the petitioning group must 18 submit the following: 19 (1) Historical documents showing from before 1790 until 20 the present, two or more of the following: 21 (i) Long-standing relationships of the group with 22 the government of the Commonwealth or the United States 23 based on identification of the group or the group's 24 members as Native American. 25 (ii) Repeated dealings of the group with a county or 26 other local government in a relationship based on the 27 identification of the group or group's members as Native 28 Americans. 29 (iii) Repeated dealings of the group with other 30 federally or State recognized groups or national Native 20070H0136B0162 - 6 -
1 American organizations in a relationship based on 2 identification of the group as Native American. 3 (iv) Identification of the group as Native American 4 by anthropologists, historians, genealogists or other 5 scholars. 6 (v) Repeated identification of the group or group's 7 members as Native American in official government 8 records, church or school records, medical records, 9 Bibles and other family records, newspapers, books, 10 photographs or oral histories. 11 (vi) Documents identifying the name of the group or 12 other term recognizing the group as Native American with 13 an approximate location in this Commonwealth from before 14 1790 until the present. 15 (2) Documentation of membership criteria of the group 16 which addresses all of the following: 17 (i) A list of membership criteria established by the 18 group. 19 (ii) A statement of the membership procedures 20 adopted by the group. 21 (iii) A list of all individuals included on the 22 group's current and previous rolls and the county in 23 which each resides. 24 (c) Other evidence.--The petitioner may submit any other 25 evidence recognizing individuals as members of the group. This 26 subsection includes: 27 (1) Affidavits from federally or State recognized tribal 28 elders, tribal leaders or tribal officials recognizing 29 individuals as members of the group. 30 (2) Affidavits from individuals attesting to the fact 20070H0136B0162 - 7 -
1 that individuals have lived as members of the group. 2 (3) Documentation that individuals have participated in 3 programs available only to members of the group. 4 (d) Personal information confidential.--To protect the 5 confidential nature of this documentation, the commission shall 6 deny inspection or copying of any part of the documentation that 7 contains personal information relating to an individual. 8 Section 8. Certification criteria. 9 The commission shall certify an organization as a 10 Pennsylvania Native American organization if the applicant 11 demonstrates that it meets all of the following criteria: 12 (1) The organization consists solely of members. 13 (2) The organization is incorporated in this 14 Commonwealth. 15 (3) Fifty-one percent or more of the organization's 16 board belong to federally or state recognized tribes. 17 (4) Fifty-one percent or more of the organization's 18 membership are Native Americans. 19 (5) The organization has existed as an incorporated 20 organization for a minimum of two years. 21 Section 9. Application process for certification. 22 (a) Compliance with regulations.--A petition for 23 certification must comply with regulations promulgated by the 24 commission. 25 (b) Documentation.--To document that the petitioning 26 organization meets the established criteria, the petitioning 27 group must submit the following: 28 (1) Evidence of incorporated status in this 29 Commonwealth. 30 (2) A copy of the organization's bylaws. 20070H0136B0162 - 8 -
1 (3) Evidence that 51% or more of its board belong to 2 federally or State recognized tribes. 3 (4) Evidence that 51% or more of the organization's 4 membership are Native Americans. 5 (c) Duration of certification.--Certification of Native 6 American organization status shall be in effect for a period of 7 two years. Organizations may reapply to renew their 8 certification. 9 Section 10. Notice of filing. 10 Upon receipt of a complete application for recognition or 11 certification, including payment of any required fees, the 12 commission shall publish a notice of filing of the petition in 13 the Pennsylvania Bulletin. Persons or groups wishing to support 14 or challenge a petition must provide written comments within 30 15 days of the filing of the notice in the Pennsylvania Bulletin. 16 Section 11. Recognition advisory committee. 17 (a) Convening of committee.--The commission shall convene a 18 separate recognition advisory committee for each petition 19 requesting recognition. 20 (b) Role and responsibilities of committee.--The committee 21 has the following powers and duties: 22 (1) Review the petition for recognition to determine if 23 any additional information is needed from the applicant 24 before determination of the petition can be finalized. 25 (2) Make recommendations for or against recognition. 26 (c) Role of Native American commissioner.--A Native American 27 commissioner on the commission has the following function with 28 respect to the committee: 29 (1) To serve as the chairperson of the committee. 30 (2) To call all meetings for petition reviews to order. 20070H0136B0162 - 9 -
1 (3) To be a nonvoting delegate of the committee. 2 (4) To transmit all recommendations of the committee to 3 the commission. 4 (d) Composition of committee.--The committee shall consist 5 of five voting delegates who, appointed by the commission shall 6 appoint the following delegates: 7 (1) Two Native Americans from different Federal or State 8 recognized groups, other than the petitioning group. 9 (2) One individual with demonstrated expertise in 10 genealogy and if possible, in American Indian genealogy. If 11 possible, this delegate must be a Native American. 12 (3) Two individuals qualified in anthropology, 13 ethnohistory or related fields. If possible, these delegates 14 must be Native Americans. 15 (e) Conflict of interest.--A delegate or the Native American 16 Commissioner may not participate in any deliberations with 17 respect to a petition made by a petitioning group of which the 18 delegate or the commissioner is a member. 19 (f) Compensation.--Delegates shall serve without salary or 20 compensation but shall be reimbursed for actual and necessary 21 expenses incurred while performing official functions required 22 by this act, in accordance with procedures established by the 23 Executive Board. 24 Section 12. Processing petitions. 25 (a) Acceptance by commission.--The commission shall accept 26 for review all complete petitions. A petition may not be 27 considered complete until the commission has received payment of 28 required fees and all information requested in the petition form 29 or required by this act. 30 (b) Notice to group.--After a petition is received, the 20070H0136B0162 - 10 -
1 commission shall notify the petitioning group in writing: 2 (1) that the petition is complete; or 3 (2) that the petition is incomplete and what additional 4 information is required to complete the petition. 5 (c) Failure to complete petition.--If the petitioning group 6 fails to complete the petition within one year after notice is 7 mailed to the petitioning group that the petition is not 8 complete, the petition shall be deemed withdrawn and the 9 commission shall notify the petitioning group. 10 (d) Additional period to complete petition.--If the 11 petitioning group during the one-year period requires additional 12 time to complete the petition and provides reasonable 13 justification, the commission may grant one additional period of 14 up to one year for the petitioning group to complete the 15 petition. 16 (e) Referral of petition to committee.--After the commission 17 determines the petition is complete, the commission shall refer 18 the petition to the committee. 19 (f) Preliminary review.--Within 25 days after referral under 20 subsection (e), the committee shall review the documentation 21 submitted for the petition and may, through the commission, 22 request the petitioning group to submit any specific additional 23 documentation necessary to determine whether a petitioning group 24 meets the recognition criteria of this act. 25 (g) Completion of review.--After the commission notifies the 26 petitioning group that all documentation requested has been 27 received, the committee shall complete review of the petition 28 and advise the commission whether the petitioning group meets 29 the recognition criteria of this act. In advising the commission 30 whether a petition meets the recognition criteria of this act, 20070H0136B0162 - 11 -
1 the committee shall do all of the following: 2 (1) Consider the petition, all factual or legal 3 submissions in support of or in opposition to the petition, 4 and the petitioning group's written response. 5 (2) Use to the maximum extent practicable the 6 information and sources available to it, including 7 individuals not on the committee who have knowledge or 8 expertise with Federal or other state Indian tribe 9 recognition procedures or an understanding of the history of 10 Native Americans in this Commonwealth. 11 Section 13. Determination by commission. 12 (a) Review of committee recommendation.--The commission 13 shall review the committee's recommendation and determine 14 whether the petition meets the criteria set forth in section 6. 15 (b) Recognition criteria established.--If the commission 16 determines that the petitioning group meets the recognition 17 criteria of this act, the commission shall submit to the 18 Governor a determination of findings and request that the 19 petitioning group be recognized. 20 (c) Inadequate information or documentation.--If the 21 commission determines that the information or documentation 22 submitted in support of the petition is not adequate to 23 establish that the petitioning group meets the recognition 24 criteria of this act, then the commission shall notify the 25 petitioning group of its determination. The petitioning group 26 may request reconsideration. 27 Section 14. Reconsideration of commission determination. 28 (a) Procedure for taking appeal.--Upon receipt of a 29 determination that the criteria for recognition have not been 30 met, the petitioning group may appeal for a reconsideration by 20070H0136B0162 - 12 -
1 the commission. The petitioning group must file a letter of 2 intent within 30 days of receipt of the commission's 3 determination and must submit additional documentation within 90 4 days. 5 (b) Appointment of review panel.--After receiving a request 6 for review, the commission shall appoint a three-individual 7 panel to review the commission's determinations and all the 8 evidence submitted in support of or in opposition to the 9 petition. The panel shall include at least one commissioner and 10 one delegate, who together shall nominate the third individual 11 to the commission for appointment. 12 (c) Report of panel.--The panel shall report its findings 13 and recommendations to the commission within 60 days after 14 expiration of the 90-day appeal period. If the appeal panel 15 concludes that the commission failed to adequately consider any 16 evidence submitted and that the evidence if adequately 17 considered may reverse the commission's determination, the 18 appeal panel shall notify the commission to reconsider its 19 previous determination. Failure to act within the time specified 20 in this subsection shall be deemed a notification to reconsider. 21 (d) Action by commission.--The commission may either: 22 (1) affirm its original finding and promptly notify the 23 petitioning group; or 24 (2) submit to the Governor its reconsidered 25 determination and recommendation for recognition. 26 (e) Notice to petitioning group.--The commission shall 27 promptly notify the petitioning group of the commission's 28 recommendation and final determination. The commission's 29 determination under subsection (d) is subject to 2 Pa.C.s. Ch. 7 30 Subch. A (relating to judicial review of Commonwealth agency 20070H0136B0162 - 13 -
1 action). 2 Section 15. Governor's action on recognition recommendation. 3 (a) Concurrence with request for recognition.--If the 4 Governor concurs with a request for recognition by the 5 commission, the Governor may issue an executive order to 6 recognize the Pennsylvania Indian status of the petitioning 7 group. The commission shall promptly notify appropriate 8 governmental agencies and national and State Native American 9 organizations of the executive order. 10 (b) Nonconcurrence with request for recognition.--If the 11 Governor does not concur with a request for formal recognition 12 by the commission, the Governor shall notify the commission of 13 the reasons and the commission shall promptly notify the 14 petitioning group. 15 Section 16. Effects of recognition. 16 An executive order issued by the Governor under section 15 17 (relating to governor's action on recognition recommendation) 18 shall not do any of the following: 19 (1) Create rights to land. 20 (2) Create rights or entitlements. 21 (3) Impair valid or existing rights, benefits or 22 entitlements of any Native Americans residing in this 23 Commonwealth. 24 (4) Impair existing judicial rulings of the Commonwealth 25 regarding Native Americans indigenous to this Commonwealth. 26 Section 17. Fees. 27 (a) Establishment.--Fees required under this act shall be 28 set by the commission and published as a notice in the 29 Pennsylvania Bulletin. Fees shall be set by the commission in 30 order to offset costs necessary to administer the provisions of 20070H0136B0162 - 14 -
1 this act and shall be nonrefundable. 2 (b) Time for payment.--Payment of fee as set by the 3 commission must be received at the time of filing the petition 4 for recognition, certification or recertification. 5 (c) Waiver of fee.--The commission may upon request of a 6 petitioning group waive the petition fee, in full or in part, if 7 it determines that payment of the fee will create financial 8 hardship for the petitioning group. 9 Section 18. Penalty. 10 (a) Offense created.--In any matter relating to a petition 11 under this act, a person commits a misdemeanor if the person: 12 (1) Knowingly and intentionally falsifies or conceals a 13 material fact. 14 (2) Makes a false, fictitious, fraudulent statement or 15 representation. 16 (3) Makes or uses a writing or document with knowledge 17 that the writing or document contains false, fictitious or 18 fraudulent statements or entries. 19 (b) Penalty.--A person who violates subsection (a) commits a 20 summary offense. 21 Section 19. Appropriation. 22 The sum of $ , or as much thereof as may be necessary, 23 is hereby appropriated to the Department of Community and 24 Economic Development for the fiscal year July 1, 2007, to June 25 30, 2008, to carry out the provisions of this act. 26 Section 20. Effective date. 27 This act shall take effect in 60 days. A10L71SFL/20070H0136B0162 - 15 -