[note in Rule 0785-1-.05 that "Director" has been changed to "Secretary/Treasurer" and to a

 non-existent Commission "Review Committee".  these changes were not approved by the

 Commission of Indian Affairs (TNCIA) at a public meeting.  am concerned that unauthorized

 changes in language inserted at some point after the 4 march 2006 TNCIA meeting means

 that unauthorized changes in language can "happen" in the future too.- tpk]

 

Notice of Rulemaking Hearing

 

Tennessee Commission of Indian Affairs

 

 

There will be a public rulemaking hearing before the Tennessee Department of Environment and Conservation acting on behalf of the Tennessee Commission of Indian Affairs (TCIA), to consider the adoption and promulgation of rules pursuant to Tennessee Code Annotated Section 4-34-103 and the Uniform Administrative Procedures Act, Tennessee Code Annotated, Section 4‑5‑101 et seq.  The hearing will be conducted in the manner prescribed by the Uniform Administrative Procedures Act, Tennessee Code Annotated, Section 4‑5‑204, and will take place in the first floor auditorium of the Tennessee Department of Transportation Administration Building located at 6601 Centennial Boulevard, Nashville, Tennessee at 10:00 AM CDT on Saturday May 20, 2006.

 

Individuals with disabilities who wish to participate in these proceedings (or to review these filings) should contact the Tennessee Department of Environment and Conservation to discuss any auxiliary aids or services needed to facilitate such participation.  Such contact may be in person, by writing, telephone, or other means and should be made no less than ten days prior to May 20, 2006 (or the date such party intends to review such filings), to allow time to provide such aid or services.  Contact the ADA Coordinator at 401 Church Street, 12th Floor, L & C Tower, Nashville, Tennessee 37243 or call (615) 532-0200 for further information.  Hearing impaired callers may use the Tennessee Relay Service (1-800-848-0298).

 

For a copy of this Notice of Rulemaking Hearing, contact:  Mr. Ed Harris, 20th Floor, L & C Tower, 401 Church Street, Nashville, Tennessee 37243-1535; telephone 615-532-0131.

 

Substance of Proposed Rules

 

Rules 0785-1-.01 through .08 of Rule Chapter 0785-1 Recognition Criteria For Native American Indians expired by sunset action of the Legislature and the following new rules are replacing them to read as follows:

 

New Rules

 

Table of Contents

 

Rule 0785-1-.01     General

Rule 0785-1-.02     Recognition Criteria For Native American Indian Nations, Tribes or Bands

Rule 0785-1-.03     Recognition Criteria For Native American Indian Organizations

Rule 0785-1-.04     Recognition Criteria For Native American Indian Individuals In Tennessee

Rule 0785-1-.05     Procedures For Petitioning For Recognition

Rule 0785-1-.06     Changes In Membership Rolls

Rule 0785-1-.07     Appeals

Rule 0785-1-.01  General

 

(1)        General

 

            (a)         Purpose

 

To establish criteria and procedures to provide for legal recognition by the state of Tennessee of Native American Indians residing in Tennessee.

 

            (b)        Use of Number and Gender

 

As used in these Rules:

 

1.         Words in the masculine gender also include the feminine and neuter genders; and

 

                        2.         Words in the singular include the plural; and

 

                        3.         Words in the plural include the singular.

 

            (c)         Rule Structure

 

These Rules are organized, numbered, and referenced according to the following outline form:

 

                        (1)        paragraph

 

                                    (a)         subparagraph

 

                                                1.         part

 

                                                            (i)         subpart

 

                                                                        (I)         item

 

                                                                                    I.          subitem

 

                                                                                                A.         section

 

                                                                                                            (A)        subsection

 

(2) Definitions

           

When used in Rules 0785-1-.01 through .08, the following terms have the meanings given below unless otherwise specified:

 

"Commission" means the Tennessee Commission of Indian Affairs.

 

"Disabled person" means any person determined to be in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, advanced age, developmental disability or other mental or physical incapacity.

 

"Enrollment" means being recognized as a Native American Indian by the state of Tennessee.

 

"Roll" means the official list of recognized Native American individuals in Tennessee.

 

"State" means the state of Tennessee.

Authority: T.C.A. §4-34-103.

 

           

 

Rule 0785-1-.02              Recognition Criteria For Native American Indian Nations, Tribes Or Bands

 

(1)        The petitioning group has been identified on a substantially continuous basis as Native American Indians throughout the history of their race; and
 
(2)        A substantial portion of the petitioning group inhabits a particular geographic area or lives in a community viewed as Native American Indian and distinct from all other populations in the geographic area, and that its members are descendants of an Indian tribe which has historically inhabited the same geographic area; and
 
(3)        The petitioning group has maintained tribal political influence or other authority over its members, or is able to demonstrate their existence as a continuous, distinct cultural entity capable of self-regulation, throughout their history until the present; and
 
(4)        A copy of the group's present governing document is provided and/or a statement describing in full the membership criteria and the procedures through which the group governs its affairs and members; and
 
(5)        A list of all known current members of the group and a copy of any available list of former members, based on the tribe's own defined criteria, shall be submitted. The membership must consist of individuals who have established descendency from a tribe that existed historically; and
 
(6)        The membership of the group is composed principally of persons who are not members of any other North American Indian tribe.
 
Authority: T.C.A. §4-34-103.

 

 

Rule 0785-1-.03 Recognition Criteria For Native American Indian Organizations

 

(1)        The petitioning group shall have as its primary purpose the promotion of education, economic, or social advancement or self-sufficiency of Native American Indians, and as a secondary purpose the promotion and preservation of Native American Indian culture. The charter and by-laws of the organization must clearly document such purposes; and

 

(2)        The petitioning group shall be legally established, with appropriate charter, articles of incorporation, by-laws, and/or constitution, in accordance with state laws, and copies of the above-mentioned documents shall be provided; and

 

(3)        The petitioning group shall provide a statement describing membership criteria and a list of all known current members, including identification of Native American Indian members, based on the group's own defined criteria of ancestry recognition. A membership ratio must be maintained consisting of a majority of Native American Indians to non-Indian members; and

 

(4)        The petitioning group shall be controlled by a governing board and officers, the majority of which are Native American Indians.

 

Authority: T.C.A. §4-34-103.

 

Rule 0785-1-.04 Recognition Criteria For Native American Indian Individuals In Tennessee

 

(1)        All applicants must have maintained a permanent residence in Tennessee for at least six (6) months prior to their date of application.

 

(2)        Individuals may be enrolled with the state by satisfying any of the following means of documentation:

 

(a)         The applicant has a roll number or certificate of Indian blood from a federally-recognized tribe; or

 

(b)        The applicant's birth certificate shows the applicant or applicant's parent(s) to be Native American Indian; or

 

(c)         The applicant has a family tree, which shows a direct ancestor of the applicant to appear on a roll of a federally recognized Native American Indian tribe. All family trees will be subject to verification by professional genealogists at the applicant's expense; or

 

(d)        The applicant signs an affidavit stating he/she is a Native American Indian. If the applicant has a living relative at least ten years older than the applicant, the relative must also sign the affidavit. In addition to the affidavit, the applicant shall provide at least one of the following:

           

1.         A family Bible or hymnal showing that the applicant and/or the applicant's direct ancestors were Native American Indian.

 

2.         Death records of the applicant's direct ancestor(s) showing the ancestor(s) to be Native American Indian.

 

                        3.         Records of direct ancestor(s) from the Indian Court of Claims.

 

4.         School, church or health records, or other compelling documentation which shows the applicant to be Native American Indian.

 

Authority: T.C.A. §4-34-103.

 

 

Rule 0785-1-.05 Procedures For Petitioning For Recognition

 

(1)        Applications for recognition are available on request from the Tennessee Commission of Indian Affairs.

 

(2)        Applications for minors and disabled persons may be filed by the parent, next of kin, recognized guardian, or other person responsible for the care of the minor or disabled person.

 

(3)        Complete applications and supporting documentation with a $20.00 processing fee per group or individual are to be sent to:          

 

Secretary/Treasurer

                                    Tennessee Commission of Indian Affairs

                                    1541 Welsh Road

                                    Memphis, Tennessee 38117-6731

 

(4)        The Review Committee of the Tennessee Commission of Indian Affairs shall review all applications and supporting documentation.

 

(5)        If the application and required documentation are complete, the Committee will present the information to the Commission for the Commission to review. The applicant(s) will be notified in writing of the Commission meeting when the application will be reviewed.

(6)        The Commission will either approve or deny the application. The Commission may request additional information from the applicant if necessary.

 

(7)        The Commission will notify each applicant in writing of the Commission's decision.

 

Authority: T.C.A. §4-34-103.

 

 

Rule 0785-1-.06 Changes In Membership Rolls

 

(1)        Nations, tribes, or bands recognized pursuant to the rules herein contained shall notify the Tennessee Commission of Indian Affairs of any changes in enrollment criteria and subsequent additions or deletions of members.

 

(2)        Organizations recognized pursuant to the rules herein contained shall submit updated membership rolls on a biennial basis for renewal of recognition certification.

 

(3)        Upon receipt of a death certificate or other evidence of death acceptable to the Commission, the name of the deceased person shall be removed from the roll.

 

(4)        Any recognized individual may terminate his or her enrollment by submitting written notice to the Chairperson of the Commission.

 

Authority: T.C.A. §4-34-103.

 

 

Rule 0785-1-.07 Appeals

 

(1)        Any group or individual whose application for recognition has been denied may file an appeal to the Commission.

 

(2)        The appeal shall be made in writing and shall be received by the Commission with thirty (30) days of the date of the Commission meeting when the application was denied.

 

Authority: T.C.A. §4-34-103.

 

 

 

Legal contact and/or party who will approve final copy                      Mr. Ed Harris

for publication and is the contact for disk acquisition:                                     Office of General Counsel.

                                                                                               20th Floor, L & C Tower

                                                                                               401 Church Street

                                                                                               Nashville, TN 37243-1535

                                                                                               (615) 532-0135

The Commission prepared an initial set of draft rules for public review and comment.  Copies of these initial draft rules are available for review at the Tennessee Department of Environment and Conservationıs (TDECıs) Environmental Field Offices located as follows:

 

Memphis Environmental Field Office                                              Cookeville Environmental Field Office

Suite E-645, Perimeter Park                                                          1221 South Willow Avenue

2510 Mount. Moriah Road                                                                        Cookeville, TN  38506

Memphis, TN  38115-1520                                                           (931) 432-4015/ 1-888-891-8332

(901) 368-7939/ 1-888-891-8332

 

Jackson Environmental Field Office                                                Chattanooga Environmental Field Office

362 Carriage House Drive                                                             Suite 550- State Office Building

Jackson, TN  38305-2222                                                             540 McCallie Avenue

(731) 512-1300/ 1-888-891-8332                                                    Chattanooga, TN  37402-2013

                                                                                                (423) 634-5745/ 1-888-891-8332

 

Columbia Environmental Field Office                                             Knoxville Environmental Field Office

2484 Park Plus Drive                                                                   Suite 220- State Plaza

Columbia, TN  38401                                                                  2700 Middlebrook Pike

(931) 380-3371/ 1-888-891-8332                                                    Knoxville, TN  37921-5602

                                                                                                (865)594-6035/ 1-888-891-8332

 

Nashville Environmental Field Office                                              Johnson City Environmental Field Office

711 R. S. Gass Blvd.                                                                   2305 Silverdale Road

Nashville, TN  37243-1550                                                           Johnson City, TN  37601-2162

(615) 687-7000/1-888-891-8332                                                     (423) 854-5400/1-888-891-8332

                                               

 

Additional review copies are available at the following library locations:

 

 

McIverıs Grant Public Library                                                        W. G. Rhea Public Library

204 North Mill Street                                                                   400 West Washington Street

Dyersburg, TN  38024-4631                                                          Paris, TN  38242-0456

(731) 285-5032                                                                           (731) 642-1702

 

Hardin County Library                                                                 Clarksville-Montgomery County Public

1013 Main Street                                                                         Library

Savannah, TN  38372-1903                                                           350 Pageant Lane,  Suite 501

(731) 925-4314                                                                           Clarksville, TN  37040-0005

                                                                                                (931) 648-8826

 

Coffee County-Manchester Public Library                                        Art Circle Public Library

1005 Hillsboro Highway                                                               154 East First Street

Manchester, TN  37355-2099                                                         Crossville, TN  38555-4696

(931) 723-5143                                                                           (931) 484-6790

 

E. G. Fisher Public Library                                                           Kingsport Public Library & Archives

1289 Ingleside Ave.                                                                     400 Broad Street

Athens, TN  37371-1812                                                              Kingsport, TN  37660-4292

(423) 745-7782                                                                           (423) 229-9489

 

 

The ³DRAFT² rules may also be accessed for review using:

www.tdec.net/tcia

 

 

Office hours for the TDEC offices are from 8:00 AM to 4:30 PM, Monday through Friday (excluding holidays).

 

Oral or written comments are invited at the hearing.  In addition, written comments may be submitted prior to or after the public hearing to Office of General Counsel; Tennessee Department of Environment and Conservation; Attention:  Mr. Ed Harris; 20th Floor, L & C Tower; 401 Church Street; Nashville, Tennessee 37243-1535; telephone 615‑532‑0131 or FAX 615‑532‑0145.  However, such written comments must be received by 4:30 PM CDT, May 31, 2006 in order to assure consideration.  For further information, contact Mr. Ed Harris at the above address or telephone number.

 

I certify that this is an accurate and complete representation of the intent and scope of rulemaking proposed by the Tennessee Commission of Indian Affairs.

 

                                                                                                            __________________

                                                                                                            Doris Tate Trevino

                                                                                                            Chairperson

 

Subscribed to and sworn to before me this ________ day of _____________, _______.

 

 

 

                                                                                                            __________________

                                                                                                            Notary Public

 

 

My commission expires on the __________ day of ________________, _________.

 

The notice of rulemaking set out herein was properly filed in the Department of State on the ________ day of ________________, _________.

 

 

 

                                                                                                            __________________

                                                                                                            Riley C. Darnell

                                                                                                            Secretary of State

 

 

                                                                                                            By: _______________

 

 

 

 

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