Tennessee Code Annotated
CHAPTER 34
COMMISSION OF INDIAN AFFAIRS
Part 1
General Provisions.
4-34-101. Creation - Administration.
4-34-102. Purposes.
4-34-103. Powers and duties.
4-34-104. Members.
4-34-105. Meetings.
4-34-106. Litigation.
4-34-107. Fiscal records - Audit.
4-34-108. Chair.
4-34-109.
4-34-110.
4-34-111.
Part 2
Native American Indian Rights.
4-34-201. Inclusion of "Native American Indian" as racial or ethnic origin.
4-34-202. Eligibility for minority-based benefits.
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4-34-101. Creation - Administration.
(a) There is hereby created and established the Tennessee commission of
Indian affairs.
(b) The commission shall be attached to the department of environment and
conservation for administrative purposes only.
[Acts 2003, ch. 344, § 2.]
4-34-102. Purposes.
The purposes of the commission are to:
(1) Deal fairly and effectively with Indian affairs;
(2) Research and find local, state and federal resources of funding and
other assistance for the implementation or continuation of meaningful
programs for Indian citizens of the state;
(3) Provide aid and protection for Indians as needs are demonstrated;
(4) Prevent undue hardships;
(5) Assist Indian communities in social and economic development;
(6) Promote recognition of, and the right of Indians to pursue cultural
and religious traditions considered by them to be sacred and meaningful to
Native Americans; and
(7) Communicate with Tennessee's Indian communities and solicit
communications from such Indian communities.
[Acts 2003, ch. 344, § 3.]
4-34-103. Powers and duties.
It is the duty of the commission to:
(1) Study, consider, accumulate, compile, assemble and disseminate
information on any aspect of Indian affairs;
(2) Investigate relief needs of Indians of Tennessee and to provide
technical assistance in the preparation of plans for the alleviation of
such needs;
(3) Confer with appropriate officials of local, state and federal
governments and agencies of these governments, and with such congressional
commissions that may be concerned with Indian affairs;
(4) Encourage and implement coordination of applicable resources to meet
the needs of Indians in Tennessee;
(5) Study the existing status of recognition of all Indian groups, tribes
and communities presently existing in Tennessee;
(6) Establish appropriate procedures to provide for legal recognition by
the state of presently unrecognized tribes, nations, groups, communities
or individuals, and to provide for official state recognition by the
commission of such;
(7) Cooperate with and secure the assistance of the local, state and
federal governments or any agencies thereof in formulating any programs
that the commission finds necessary or beneficial to Indians in Tennessee;
(8) Coordinate any programs regarding Indian affairs adopted or planned by
the federal government to the end that the commission secure the full
benefit of such programs;
(9) Review and comment on all proposed or pending state legislation and
amendments to existing state legislation directly affecting Indians in
Tennessee; and
(10) Conduct public hearings on matters relating to Indian affairs and to
subpoena any information or documents deemed necessary by the commission.
[Acts 2003, ch. 344, § 4.]
4-34-104. Members.
(a) The Tennessee commission of Indian affairs shall consist of at least
seven (7) members as follows:
(1) One (1) member from each of the four (4) metropolitan areas: Shelby,
Davidson, Knox and Hamilton, and counties contiguous thereto;
(2) One (1) member from each of the three (3) grand divisions of the
state; and
(3) One (1) member from each Native American Indian nation or tribe
located within Tennessee, and recognized by the state per recognition
guidelines established by the commission.
(b) (1) The Tennessee Native American convention shall submit a list of
not less than two (2) names for each position on the commission to be
appointed.
(2) Accompanying each nominee's name submitted shall be a resume,
including the nominee's educational background, work history, heritage,
description of why the nominee would be a suitable commissioner and the
democratic process and results that led to the nomination.
(3) Preference in selection of at least five (5) Indian commissioners
shall be given to Native American Indians, i.e., persons having origins in
any of the original peoples of North America, and who maintain cultural
identification through tribal affiliation or community recognition.
(4) Each member of the commission of Indian affairs shall be a resident of
Tennessee.
(c) From the names submitted by the Tennessee Native American convention,
the speaker of the senate shall appoint two (2) commissioners from two (2)
areas, the speaker of the house shall appoint two (2) commissioners from
two (2) areas and the governor shall appoint three (3) commissioners from
three (3) areas. The governor shall appoint no more than two (2)
commissioners from metropolitan areas, and each speaker shall appoint no
more than one (1) member from metropolitan areas.
(d) If the speaker of the house does not make the appointments within
ninety (90) calendar days, the appointments shall be made by the speaker
of the senate. If the speaker of the senate does not make the appointments
within ninety (90) calendar days, the appointments shall be made by the
governor. If the governor does not make the appointments within ninety
(90) calendar days, the appointments shall be made by the speaker of the
house.
(e) Commissioners shall serve for four-year terms and shall continue in
office until the expiration of their terms for which they were
respectively appointed and until such time as their successors are
appointed.
(f) Commissioners shall be at least eighteen (18) years of age upon their
appointment and shall have been residents of Tennessee for at least one
(1) year.
(g) To stagger the terms of the commission members, the speakers shall
make the initial appointments from the list of nominees in the following
manner:
(1) The initial terms of commissioners from the three (3) grand divisions
shall end on October 30, 2003; and
(2) The initial terms of the commissioners from the four (4) metropolitan
areas shall end on October 30, 2005.
(h) Any member appointed to fill a vacancy shall be appointed for the
remainder of the term of the member causing the vacancy. The appointing
authority of the vacancy shall rotate among the appointing authorities.
(i) The members of the commission shall elect a chair, a vice chair and a
secretary from among its members. Officers shall serve terms of two (2)
years.
(j) Commission members shall serve without compensation.
[Acts 2003, ch. 344, § 5.]
4-34-105. Meetings.
(a) Commission meetings shall be held at least quarterly.
(b) Commission meetings shall be held on Saturdays. The locations of
commission meetings shall rotate among the cities of Memphis, Nashville,
Chattanooga and Knoxville.
(c) Prior to a commission meeting, at least ten (10) days' notice shall
be given in writing to all Native American organizations in Tennessee that
have requested such notification. Notice shall be given by mail and by
e-mail, if available. The commission shall also place notice of its
meeting times and places on the website of the Tennessee commission of
Indian affairs.
(d) The minutes of all commission meetings shall be placed on the website
of the Tennessee commission of Indian affairs within one hundred (100)
days of the meeting. Minutes of all prior commission meetings shall be
accessible on the commission's website.
(e) (1) Annual reports of the commission shall be approved within
forty-five (45) days of their submission to the commission.
(2) Annual reports of the commission shall be placed on the website of the
Tennessee commission of Indian affairs for public access within forty-five
(45) days of their approval.
(3) All prior annual reports shall be accessible on the commission's website.
(f) Four (4) commissioners shall constitute a quorum for the conducting
of business of the commission.
(g) Agendas for commission meetings shall be delivered to each member of
the commission at least one (1) week prior to the commission meeting.
(h) Minutes of all commission meetings shall be mailed or e-mailed to all
commission members.
(i) Robert's Rules of Order shall govern meetings of the commission when
not in conflict with specific bylaws or other rules as may be adopted by
the board.
(j) Members of the commission are to serve without compensation and shall
not be reimbursed for travel expenses.
(k) The commission is authorized to raise and expend funds for the
purpose of carrying out the mission of the commission, however, the
commission is to operate without dependence on state appropriations.
(l) (1) Commission meetings shall not be adjourned until members of the
public attending such meeting have had an opportunity to address the
commission.
(2) A summary of comments made by members of the public attending such
meetings shall be entered into the minutes of the commission.
(m) The chairperson shall appoint three (3) members of the commission to
establish a rules commission. The rules commission shall develop
procedural and operating rules for the commission. The commission shall
approve of all proposed rules by a majority vote before such rules take
effect.
[Acts 2003, ch. 344, § 6.]
4-34-106. Litigation.
No member or employee of the Tennessee commission of Indian affairs shall,
in such person's capacity as a member or employee of the commission, enter
into any litigation without the approval of the commission by a majority
vote of the commission. Such approval shall be part of the minutes of the
meeting in which such approval is granted. Nothing in this part shall
prohibit a member or employee of the commission from entering into any
litigation in such person's individual capacity.
[Acts 2003, ch. 344, § 7.]
4-34-107. Fiscal records - Audit.
(a) Fiscal records shall be kept by the commissioner of environment and
conservation and will be subject to audit as authorized by § 8-4-109 or a
certified public accountant.
(b) The audit report will become a part of the annual report and will be
submitted in accordance with the regulations governing preparation and
submission of the annual report.
[Acts 2003, ch. 344, § 8.]
4-34-108. Chair.
The chair of the commission shall carry out the day-to-day
responsibilities of the commission. The chair of the commission is to
serve without compensation and shall not be reimbursed for travel
expenses.
[Acts 2003, ch. 344, § 9.]
4-34-109.
(a) All programs and data administered by the Tennessee commission of Indian
affairs prior to the effective date of this act shall be transferred to and
administered by the Tennessee commission of Indian affairs created by this act.
(b) All offices, equipment, supplies, property, facilities, funds and other
resources of any program under the Tennessee commission of Indian affairs
shall be transferred to the Tennessee commission of Indian affairs created by
this act.
(c)
(1) All contracts and leases entered into by the past Tennessee
commission of Indian affairs with any entity, corporation, agency,
enterprise, association or person, prior to the effective date of this act,
shall continue in full force and effect as to all provisions in accordance
with the terms and conditions of such contracts or leases in existence on
the effective date of this act, to the same extent as if such contracts or
leases had originally been entered into by and between such entity,
corporation, agency, enterprise, association or person and the
Tennessee commission of Indian affairs created by this act, unless and
until such contracts or leases expire or are duly amended, modified or
terminated by the parties thereto.
(2) The provisions of subdivision (c)(1) shall not be implemented
in any manner that violates the prohibition against the impairment of
contract obligations as contained in the Constitution of Tennessee,
Article I, § 20.
(3) All rules, regulations, policies, orders and decisions
promulgated or issued by the Tennessee commission of Indian affairs
prior to, and in effect on the effective date of this act shall remain in
force and effect and shall be administered and enforced by the Tennessee
commission of Indian affairs created by this act until duly amended,
repealed, expired, modified or superseded.
(4) On the effective date of this act, all references to the existing
Tennessee commission of Indian affairs contained in any forms, legal
documents, notices and papers of any kind in the possession of or
issued by the existing Tennessee commission of Indian affairs shall be
deemed references to the Tennessee commission of Indian affairs
created by this act, and any actions thereon may be brought or
maintained in the name of the Tennessee commission of Indian affairs
created by this act as the successor in interest and shall receive the
same force and effect as if brought in the name of the predecessor
commission.
(e) The transfer of the functions and activities of the past Tennessee
commission of Indian affairs to the Tennessee commission of Indian affairs
created by this act shall not, because of the transfer, result in any
impairment, interruption or diminution of the regulatory rights and
privileges of the Tennessee commission of Indian affairs.
[Acts 2003, ch. 344, § 11.]
4-34-110.
On and after the effective date of this act, the Tennessee commission
of Indian affairs created by this act has the authority to receive,
administer, allocate, disburse and supervise any grants and funds from
whatever sources, including, but not limited to, the federal, state,
county and municipal governments on a state, regional, county or any
other basis, with respect to any programs or responsibilities outlined
in this part or assigned to the commission by law, regulation or order.
[Acts 2003, ch. 344, § 12.]
4-34-111.
The Tennessee commission of Indian affairs created by this act has the
authority, consistent with the statutes and regulations pertaining to
the programs and functions transferred herein, to modify or rescind orders,
rules and regulations, decisions or policies heretofore issued and to adopt,
issue or promulgate new orders, rules and regulations, decisions or policies
as may be necessary for the administration of the programs or functions
herein transferred.
[Acts 2003, ch. 344, § 13.]
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PART 2
NATIVE AMERICAN INDIAN RIGHTS
4-34-201. Inclusion of "Native American Indian" as racial or ethnic origin.
(a) Notwithstanding any provision of law to the contrary, a state or
local governmental entity requiring or requesting a person to divulge
racial or ethnic origin on an employment form, education application, or
other such document shall contain a space, box, or blank clearly
designated "Native American Indian."
(b) This section may not be construed to require a governmental entity to
revise the forms in the manner required by this section before exhausting
its supply of forms on hand on January 1, 1995.
[Acts 1994, ch. 971, § 1.]
4-34-202. Eligibility for minority-based benefits.
Notwithstanding any other provision of law to the contrary, a Native
American or an African-American is eligible to receive scholarships,
grants or any other benefit afforded to minorities from the University of
Tennessee system, the board of regents system, or any Tennessee school
system. As used in this section, "Native American" means an individual
recognized as Native American by a federally recognized tribe or a state.
[Acts 1994, ch. 972, § 1.]
11-6-116. Excavation of areas containing Native American Indian human
remains - On-site representatives - Notice of intent to remove remains.
(a) When a burial ground or other area containing human remains of Native
American Indians is excavated, representatives of Native American Indians
shall have a right to be present on the site at all times excavation or
treatment of such remains is taking place.
(b) The department shall promulgate regulations governing application
procedures for and the number of representatives to be present on sites.
(c) Any person engaged in work involving the removal of Native American
Indian human remains must notify the state archaeologist in writing at
least ten (10) days prior to the time a petition is filed under the
provisions of title 46, chapter 4. Within two (2) business days of
receiving such notice, the state archaeologist shall forward such notice
to the Native American members of the archaeological advisory council and
the chair of the Tennessee commission of Indian affairs.
[Acts 1990, ch. 852, § 11; 1999, ch. 509, § 1.]
11-6-117. Display of Native American Indian human remains.
There shall be no public exhibition or display of Native American Indian
human remains, except as evidence in a judicial proceeding.
[Acts 1990, ch. 852, § 11.]
15-2-106. American Indian Day.
(a) The fourth Monday in September of each year is to be especially
observed in Tennessee as "American Indian Day," and that on this day
schools, clubs, and civic and religious organizations are encouraged to
recognize the contributions of American Indians with suitable ceremony and
fellowship designed to promote greater understanding and brotherhood
between American Indians and the non-Indian people of the state of
Tennessee.
(b) The governor shall, prior to the fourth Monday in September of each
year, issue a proclamation inviting and urging the people of the state to
observe American Indian Day with suitable ceremony and fellowship.
(c) The department of education and the commission of Indian affairs
shall make, within the limits of funds available for such purpose,
information available to all people of this state regarding American
Indian Day and the observance thereof.
[Acts 1994, ch. 606, § 1.]
68-24-701. Evaluation of need.
Acting in consultation with the Tennessee commission of Indian affairs,
the commissioner of health shall appoint an individual who shall serve as
head of a volunteer community network to evaluate the needs of Native
Americans and their families for effective alcohol and drug treatment in
two (2) communities designated by the commissioner. In selecting those
communities, the commissioner shall give priority to those locations which
would provide accessibility to the greatest number of Native American
families residing in Tennessee. In implementing this study program, to the
maximum extent reasonably feasible, the commissioner shall strive to
assure that Native Americans actually participate in the evaluation of
needs and in the recommendations which are made for providing the
designated services to Native Americans. As part of the evaluation, study
shall be made of funding sources, both governmental and private, which may
be available for the provision of alcohol and drug services to Native
Americans.
[Acts 1995, ch. 431, § 1.]
68-24-702. Report of needs.
Acting in consultation with the Tennessee commission of Indian affairs,
the commissioner of health shall quantify and evaluate the recommendations
made as the result of the evaluation of needs. On or before January 1,
1996, the commissioner shall report findings and recommendations
concerning the needs of Native Americans for the alcohol and drug
services. The report shall be submitted to the governor, to the general
welfare, health and human resources committee of the senate and to the
health and human resources committee of the house of representatives.
[Acts 1995, ch. 431, § 1.]
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4-29-226. Governmental entities terminated on June 30, 2005.
(a) The following governmental entities shall terminate on June 30, 2005:
(1) Air pollution control board, created by § 68-201-104;
(2) Archaeological advisory council, created by § 11-6-103;
(3) Board of barber examiners, created by § 62-3-101;
...
(23) Board of veterinary medical examiners, created by § 63-12-104;
(24) Collection service board, created by § 62-20-104;
(25) Commission of Indian affairs, created by § 4-34-101;
...
(68) Wildlife resources commission, created by § 70-1-201.
(b) Each department, commission, board, agency or council of state
government created during calendar year 2004 shall terminate on June 30,
2006.
(c) Any governmental entity which has been terminated under this section
may be continued, reestablished, or restructured in accordance with this
chapter.
[Acts ... 2003, ch. 344, § 10; 2003, ch. 345, § 1; 2003, ch. 346, § 1;
2003, ch. 348, § 2; 2003, ch. 350, § 7; 2003, ch. 394, § 2; 2003, ch. 399,
§ 2.]
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