Tennessee's 105th General Assembly 2007-2008
	House Bill 3299 by Rep. Nathan Vaughn D-Kingsport			Senate Bill 3123 by Sen. Tim Burchett R-Knoxville

No Amendments [although a total replacement amendment was submitted (below) but not voted on.]
Fiscal Note for HB3299/SB3123 filed under SB3123 ["No fiscal impact on state or local governments."]

Bill History Section

HOUSE BILL 3299 by Vaughn SENATE BILL 3123 by Burchett AN ACT to amend Tennessee Code Annotated, Title 4, relative to recognition of Native American Indian Tribes, Bands, Groups and Associations.
WHEREAS,	The original inhabitants of North and South America were peoples who became known to European immigrants as Indians and, therefore, the original inhabitants of this state were members of various tribes of American Indians; and
WHEREAS,	These tribes have strongly influenced the heritage of this great State and have left their mark by way of names of rivers, mountains, towns, and counties, by introducing local crops and medicinal herbs, and in countless other ways; and
WHEREAS,	The Native American Indian culture in all its forms is manifested by the year-round Powwows and Festivals held across the country and the completion of the National Museum of the American Indian in the Smithsonian complex in Washington, D.C.;
WHEREAS,	This has been further manifested within the surrounding states of Virginia, North Carolina, South Carolina, Georgia and Alabama which have given recognition to the Native American Indian Tribes, Bands, Groups and Associations within their borders; and
WHEREAS,	The struggles of the Native American Indian Peoples including physical confinement, separation of families, suppression of language, traditions and culture as well as pervasive restrictions on arts, crafts, industry and agriculture have contributed to an economic disadvantage with which the Native American Indian People still contend; and
WHEREAS,	There is an economic benefit to the particular communities wherein the Native American Indians reside because of the ability of Native American Indians to impact positively tourism development, jobs, new economic development incentives, new health care opportunities, new education opportunities and to remove current barriers for Native American Indian Artists and Craft Persons to expand their trade in compliance with Federal law; and
WHEREAS,	Attorney General's Opinion No. 07-21 of 27 February 2007, stated: "Congress has acknowledged that state governments have the authority to recognize Indian tribes." "States have the authority to recognize Indian tribes as long as there is no conflict with federal laws. There is no conflict between Tennessee's recognition law and federal laws."; and
WHEREAS,	The Tennessee Legislature possesses the power to recognize Indian tribes, bands, groups, and Indian associations;
now, therefore,	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1.	Tennessee Code Annotated, Title 4, is amended by adding Sections 2 through 5 as a new chapter thereto.
SECTION 2.	The general assembly hereby extends state recognition with full legal rights and protections to certain Indian-descended entities that have functioned in specific ways over time.
SECTION 3.	An Indian tribe, band, or group is a population of people related to one another by blood through their Native American Indian ancestry and tracing their heritage to a Native American Indian tribe, band, or group indigenous to Tennessee. Petitioners must submit a petition requesting state recognition specifying what type of recognition they seek.
SECTION 4.	In order to be recognized as a tribe, band, or group, the petitioner must present a list of members of the group along with proof that each of its members is a descendant recognized as a member of a historical Tennessee tribe, band, or group by means of rolls which are compiled by the federal government or other some other compelling documentation that shows their heritage. In addition a statement with the notarized signatures of the three (3) highest ranking officers of the petitioning group is required.
SECTION 4 [5].	The general assembly hereby appoints the Confederation of Tennessee Native Tribes as the entity that shall review and present for recognition any tribes, bands, and groups which seek such recognition. (1) The Confederation of Tennessee Native Tribes is the formation of the Tribes and Clans of Native American Indians across the state who have joined together in one voice to represent the well-being of the Native American Indian in Tennessee; and (2) The Confederation of Tennessee Native Tribes is comprised of the Remnant Yuchi Nation, the Upper Cumberland Cherokee, the Chikamaka-Cherokee Band of the South Cumberland Plateau, the Central Band of Cherokee, the Cherokee Wolf Clan, the Tanasi Council of the Faraway Cherokee, the Native Cultural Council and the American Indian Association of Millington.
SECTION 5 [6].	The general assembly recognizes for purposes of state Native American Indian recognition with full legal rights and protections the following tribes, bands and groups: Remnant Yuchi Nation Counties: Sullivan, Carter, Greene, Hawkins, Unicoi, Johnson, and Washington Upper Cumberland Cherokee (also known as the United Eastern Lenape Nation) Counties: Scott, Morgan, Fentress, and Campbell Chikamaka-Cherokee Band of the South Cumberland Plateau Counties: Franklin, Grundy, Marion, Sequatchie, Warren, and Coffee Central Band of Cherokee (also known as the Cherokee of Lawrence County) 1806 Congressional Reservation Cherokee Wolf Clan Counties: Carroll, Benton, Decatur, Henderson, Henry, Weakley, Gibson, and Madison Tanasi Council of the Far Away Cherokee Counties: Shelby, Dyer, Gibson, Humphreys, and Perry
SECTION 6 [7].	This act shall take effect upon becoming a law, the public welfare requiring it.

Confederation of Tennessee Native Tribes members
1. not Yuchi not a Nation not a tribe or band		Remnant Yuchi Nation / Educational Alliance (2007- *) "Chief" Lee Vest, 437 N Valley View Circle, Kingsport (Sullivan County) 37664 / remnantyuchination.org, .net, .com & appalachianconfederatedtribes.org owned by Billy Joe Nuckles, Kingsport previously Appalachian Intertribal Heritage Association (2003-06), Appalachian Confederated Tribes (2006-07) "Sunset the TN Commission of Indian Affairs" "Yuchi tribe hopes to put traditional village on Bays Mountain"
2. not Lenape not a Nation not a tribe or band		Upper Cumberland Cherokee (2006- ) (also known as the United Eastern Lenape Nation (1983- )) United Eastern Lenape Nation, Middle Division Inc (1983-2007* "Administratively Dissolved") Herstle Cross, Oak Ridge; Bonnie Knuckles aka Chief Calmwaters of Corbin, Kentucky; Rt. 1 Box 22, Winfield (Scott County) 37892 Herstle Cross, Executive Director of the "Tennessee Native Tribes PAC" (TNT PAC) Herstle Cross, President/CEO of Cornerstone of America - a small, Native American owned disadvantaged business [8(a)] based in Houston, Texas, providing construction equipment and supplies to the DOE, DoD and commercial customers locally and around the country, also engaged in hurricane relief efforts in Louisiana.
3.		Chikamaka-Cherokee Band of the South Cumberland Plateau (2002- *) Eugene Parsons, Nathurst Street, PO Box 998, Tracy City (Grundy County) 37387 "Vice-Chief" James Everett Meeks, 520 Nathurst Street, PO Box 1209, Tracy City 37387
4. not a tribe or band		Central Band of Cherokee (also known as the Cherokee of Lawrence County) (2000- *) aka Sugar Creek Band of SECCI "Principal Chief" Joe Harlan "Sitting Owl" White, 393 Rabbit Trail Road, Leoma (Lawrence County) 38468 joe_white-msn.com Congressional Reservation - This included part of the area in southern Middle Tennessee and all of West Tennessee, which was set aside by the U. S. Congress for the use of the Indian tribes. The area that included a small tip of Lawrence County was included in the Treaty of 1806 with the Chickasaw and the Cherokee. The rest of Lawrence County was included in the Treaty of 1816 with the Chickasaw and the Cherokee. - Types of Land Transactions & Other Terminology 2006 Recognition petition to Lawrence County / HJR 877 Recognition petition to 2006 state legislature / 2000 Letter to BIA of Intent to Petition (p42); Register of Incomplete Petitions, Not ready for evaluation: (awaiting TA [Technical Assistance] ltr) as of 2005 (p9)
5. not Cherokee not Wolf Clan not a tribe or band		Cherokee Wolf Clan (2004- *) "Chief" Joe E. "ManyCoats" Walters, 16370 Hwy 424, Yuma (Carrol County) 38390, 731. 986.9166 josephmanycoats-cherokeewolfclan.org aka Cherokee Wolf Clan Universal Life Church (2003-2004), now Cherokee Wolf Clan Native American Church (2003- ) SJR 657 Recognition petition to 2004 state legislature / county recognition by Davidson County/Nashville, passed and repealed 2004; also recognized by: Roane County - 13nov2003, Van Buren County - 8dec2003, Lake County - 15dec2003
6. not a tribe or band		Tanasi Council of the Far Away Cherokee aka Faraway Cherokee Native American Inter-Tribal Association Inc. (NAIA-Memphis) (1984- *) PO Box 11473, Memphis (Shelby County) 38111 / farawaycherokee-bellsouth.net president Alice Henry, 2811 Ravenwood Drive, Bartlett 38134 "established in 1983 by the Cherokee Nation (Eastern and Western Bands)"
7. not a tribe or band		Native Cultural Council - aka Native Cultural Circle (1998- *) Clarksville (Montgomery County); Douglas G. Kirby, 131 Creekside Court, Gallatin 37066
8. not a tribe or band		American Indian Association of Millington (1988- ) Lee Overturf, 208 Country Meadow Lane, Atoka (Tipton County) 38004

* registered with Tennessee Secretary of State as a corporation

state Commissioners of Indian Affairs involved James Everett Meeks, "Vice Chief", Chikamaka-Cherokee Band of the South Cumberland Plateau, Tracy City, Grundy County Jimmie Thigpen, member, Faraway Cherokee; vice chair, American Indian Association of Millington, Shelby County Alice Gwin Henry, president, Faraway Cherokee

Title 4 - State Government, Chapter 4 - Administration of State Departments AMENDMENT to HB3299/SB32123 to CREATE THE TENNESSEE STATE RECOGNITION COMMITTEE and CRITERIA FOR RECOGNITION AS NATIVE AMERICAN INDIAN TRIBE, BAND OR GROUP. Submitted to the State Government Subcommittee of the House State and Local Government Committee, 2 April 2008, Nashville. [NOT currently available via any other means of public computer access.] - - - - - - - - - - - - - - - - - - - - - - - Amendment No. ___________ [Nathan Vaughn] Signature of Sponsor AMEND Senate Bill No. 32123 House Bill No. 3299 By deleting all of the language after the enacting clause and by substituting instead the following: SECTION 1. Tennessee Code Annotated, Title 4, is amended by adding Sections 2 through 4 as a new chapter thereto. SECTION 2. An Indian tribe, band, or group is a population of people related to one another by blood through their Native American Indian ancestry and tracing their heritage to a Native American Indian tribe, band or group indigenous to Tennessee. Petitioners must submit a petition requesting state recognition specifying what type of recognition they seek. SECTION 3. (a) The general assembly hereby appoints a recognition committee as the entity that shall review and present for recognition any tribes, band and groups which seeks such recognition as provided in this act. (b) The recognition committee shall consist of seven (7) members, as follows: (1) The state archaeologist; (2) Two (2) members of the Tennessee senate, to be appointed by the speaker of the senate; (3) Two (2) members of the Tennessee house of representatives, to be appointed by the speaker of the house of representatives and; (4) Two (2) members of the Confederation of Tennessee Native tribes. Such members will be chosen from the members of the Confederation of Tennessee Native Tribes by a vote of the members. (c) Terms of the members of the state recognition committee shall be as follows: (1) The state archaeologist shall serve indefinitely. Page -1- - - - - - - - - - - - - - - - - - - - - - - - (2) The members of the Tennessee senate shall serve at the discretion of the speaker of the senate (3) The members of the Tennessee house of representatives shall serve at the discretion of the speaker of the house. (4) The members of the confederation shall serve for two-year terms beginning July 1 and ending June 30 of each two-year term. Partial periods of service shall count as a full year. (5) In the event that a member is no longer able to serve due to death, illness, or other personal reasons, a written letter of resignation or notice of death or incapacitation should be sent to the recognition committee. The vacancy shall be filled in accordance with the manner in which the seat was initially filled and the new member shall serve the remaining of the unexpired term in accordance with the guidelines set forth in this act. (d) (1) A tribe, band or group seeking state recognition must submit a formal, notarized request with all applicable documentation to the state recognition committee. (A) For purpose of the state recognition committee, "tribe", "band" or "group" means an assembly of Native American Indian people comprising numerous families, clans, or generations together with their descendents, whose core members of the tribe are related to each other by blood and who are recognized as descending from a historical Tennessee tribe, band, or group by means of rolls which are compiled by the federal government or other compelling documentation that shows their heritage. A tribal council and governmental authority unique to Native American Indians shall govern them. (B) Native American Indian tribe, band and group must meet each of the following criteria. The petitioner must: (i) Have the characteristics of a tribe, band or group. Such characteristics shall be reflected in its constitution, by-laws or other official organizational contract. Page -2- - - - - - - - - - - - - - - - - - - - - - - - (ii) Be Native American Indian. Proof of Native American Indian status may be determined through anthropological or historical accounts, which attest to the Native American Indian heritage of the group. (iii) Have a requirement that members have documented their linage to their tribe by official records such as birth certificates, church records, school records, U.S. Bureau of the Census records, and other pertinent documents. (iv) Exist to meet the spiritual, social, economic, or cultural needs of Native American Indian people. Such needs are met through a continuous series of educational programs and activities that preserve, document, and promote the Native American Indian culture and history. (v) Have traditions, customs and legends that signify the specific entity's Native American Indian heritage. This may be determined through letters, statements, and documents from state or federal authorities, which document a history of related business and activities that specifically address Native American Indian culture, preservation, and affairs. (vi) Be indigenous to Tennessee. This may be determined through anthropological or historical accounts tying the entity to Tennessee. These accounts include letters, statements, and documents from tribes, bands or groups in and outside of Tennessee. (vii) Be headquartered in the state of Tennessee. Official evidence of an entity's organization or government and tribe, band or group rolls for a minimum of five (5) years shall be required. (2) The committee shall have one hundred-twenty (120) days within a six (6) month review period, from receipt of the petition, to evaluate the petition and its associated documentation. If additional documentation is required to complete the evaluation, it shall be requested by the committee within the initial Page -3- - - - - - - - - - - - - - - - - - - - - - - - one-hundred-twenty (120) days. Such documentation must be furnished by the petitioner within thirty (30) days of the petitioner receiving the request. Petitioners may submit additional information, updated information, additional exhibits, charts, or any other documentation that was not part of the original petition when requested by the state recognition committee or when it would further explain the petition. (3) The Committee shall have six (6) months to review and approve the petition, request additional information, or reject the petition. (4) A petitioner may withdraw its request for state recognition at any point during the initial review process by the state recognition committee. After the state recognition committee makes its initial decision a petitioner may not withdraw its request. If a petition is withdrawn, the petitioner may not re-apply for state recognition for twelve (12) months. (5) A petition must receive a majority affirmative vote of the state recognition committee to be approved for state recognition. The absence of a member of failure of a committee member to vote will be counted as an abstention vote. No member may cast a vote for another member. (6) Formal acknowledgement of the decision of the state recognition committee regarding the status of a petition for state recognition shall be in writing and may be further acknowledged in other forms such as a certificate, plaque, and/or culturally appropriate ceremony, as determined to be appropriate by the confederation. (d) (1) Whenever a petitioner receives an unfavorable decision by the state recognition committee, the petitioner shall be notified by mail within five (5) days of the decision. THe petitioner shall have twenty (20) business days from receipt of the notification letter to submit an appeal asking for reversal of such decision. The appeal must state clearly the reasons that the petitioner believes that the Page -4- - - - - - - - - - - - - - - - - - - - - - - - decision should be reversed. The state recognition committee must receive the appeal in writing and respond within forty-five (45) days of receipt. (2) If the appeal is denied, the petitioner may not repetition within the following twelve (12) months, provided that their circumstances or documentation has changed to meet the recognition requirements. (e) Recognition of a Native American Indian tribe, band or group by the state of Tennessee is irrevocable, unless legislative action is taken overturning or modifying such recognition. SECTION 4. Tennessee State Native American Indian tribes shall not have any rights to gambling or the sale of alcohol that citizens of the state of Tennessee are not permitted. SECTION 5. (a) The general assembly recognizes: (1) the Constitution of the state of Tennessee currently does not allow gambling apart from the state sponsored lottery. (2) The Tennessee attorney general has verified the prohibition of gambling in Tennessee in the following opinions: (A) 2001 Opinion 64 State Lottery and the Federal Indian Gaming Regulatory Act (B) 2003 Opinion 58 Permissible Games under Lottery Agreement (C) 2005 Opinion 68 Constitutionality of House Bill No. 8 / Promotional Contests (D) 2005 Opinion 159 Legality of Texas Hold'Em Poker Tournaments with Jackpot Prize (E) 2006 Opinion 80 Casino Gambling on Land Held by Federally Recognized Indian Tribe Under Lease Agreement with the Tennessee Valley Authority. (3) Page -5- - - - - - - - - - - - - - - - - - - - - - - - (A) With the repeal of the Eighteenth (18th) amendment to the United States Constitution by the Twenty-first (21st) amendment to the United States Constitution has been interpreted to give states essentially absolute control over alcoholic beverages. (2) The governance of intoxicating beverages is regulated by Tennessee Code, Title 57 Intoxicating Liquors. (b) There are no federally recognized tribes presently in Tennessee SECTION 6. This act shall take effect upon becoming a law, the public welfare requiring it. Page -6- - - - - - - - - - - - - - - - - - - - - - - -

Cost of proposed "State Recognition Committee" - see Fiscal Note to SB1681 (2007): Increase State Expenditures: $55,100/One-time, $49,200/Recurring. Does not establish any review by Native American Indians in general or specifically by presumptive affiliated tribe. Compare with TNCIA Rule 0785-1 and USC 25CFR83. also see ... Testimony of Leon Jones, Principal Chief, & Dan McCoy, Tribal Council Chairman, of the Eastern Band of Cherokee Indians in North Carolina, On S. 611, the Indian Federal Recognition Administrative Procedures Act of 1999, presented to the United States Senate Committee on Indian Affairs, Washington DC, 24 May 2000 Alexa Koenig & Jonathan Stein, "Federalism and the State Recognition of Native American Tribes: A Survey of State-Recognized Tribes and State Recognition Processes Across the United States", 5 March 2007 Primer on Federal Recognition and Current Issues Affecting the Process, Jennifer P. Hughes, NCAI 2001 Testimony of R. Lee Fleming, Director of the Office of Federal Acknowledgement within the Office of the Assistant Secretary for Indian Affairs at the Department of the Interior, before the United States Senate Committee on Indian Affairs, Washington DC, 11 May 2005, regarding the process that groups follow when seeking Federal acknowledgement as an Indian tribe under Part 83 of Title 25 of the Code of Federal Regulations (25 CFR Part 83) & Brief overview of 25CFR Part 83 Criteria