these are the proposed 2006 recognition criteria approved by the Advisory Council on Tennessee Indian Affairs (ACTIA) and recommended to the TN Commission of Indian Affairs this past july.
the 1990 recognition criteria contains 1383 words.
the 2005 proposed recognition criteria contains 2549 words. it was modified to take into consideration all of the requests for changes made at the 2 TNCIA hearings on reoognition, to improve accountability and record-keeping, and to reduce the burden of knowledge on the Commissioners themselves.
http://www.tncia.org/recognition-criteria-proposed.html
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Modifications / changes from 1990 recognition criteria:
(A) Adapts elements of the South Carolina recognition code, specifically:
1. new "Definitions" (8-10/Tribe, Organization, Lineal Descendant), and
2. the "Purpose" was amended to include the direct citation of the TNCIA code authorizing recognition, and
3. a new section of "Limitations" (.03), and
4. additional tribal criteria (2) (D-F).
(B) Adds an organizational criterion (6) regarding congruence between an organization's name and their membership.
(C) Places onus of responsibility on party requesting recognition to submit certified documentation.
(D) Establishes "Procedures for petitioning for recognition" and procedures for record-keeping.
(E) Establishes a $20 processing fee to cover Commission costs.
This is the most inclusive document yet, addressing all previously mentioned concerns, and does not pose any further undue hardships on legitimate groups.
(* indicates addition or amendment.)
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August 2005
ADVISORY COUNCIL ON TENNESSEE INDIAN AFFAIRS
PROPOSED AMENDMENT to the
1990 RECOGNITION CRITERIA OF THE TENNESSEE COMMISSION OF INDIAN AFFAIRS
ADMINISTRATIVE HISTORY
Original chapter 0785-1 Recognition Criteria for Native American Indians filed July 3, 1990; proposed effective date January 2006.
CHAPTER 0785-1
RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIANS
TABLE OF CONTENTS
0785-1-.01 Definitions
0785-1-.02 Purpose
0785-1-.03 Limitations
0785-1-.04 Recognition Criteria for Native American Indian Nations, Tribes, or Bands
0785-1-.05 Recognition Criteria for Native American Indian Organizations
0785-1-.06 Recognition Criteria for Native American Indian Individuals
0785-1-.07 Procedures for Petitioning for Recognition
0785-1-.08 Changes in Recognition Status
0785-1-.09 Appeals
0785-1-.01 DEFINITIONS.
The following definitions shall apply to these regulations:
(1) "Commission" means the Tennessee Commission of Indian Affairs.
(2) "State" means the state of Tennessee.
(3) "Recognized" means being recognized as a Native American Indian by the state of Tennessee.
(4) "List" means the official list of recognized Native American nations, tribes, bands, organizations and individuals in Tennessee.
(5) "Certified" means verified as accurate by a genealogist who is certified by the Board for Certification of Genealogists or National Genealogical Society.
(6) "Professional" means a [terminal] college/university degree (B.A. and above) and prior experience and employment in a field of study.
(7) "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.
(8) "Tribe" means an assembly of Indian people comprising numerous families, clans, or generations together with their descendents, who have a common character, interest, and behavior denoting a separate ethnic and cultural heritage, and who have existed as a separate community, on a substantially continuous basis throughout the past 100 years. In general, core members of the tribe are related to each other by blood. A tribal council and governmental authority unique to Native American Indians govern them.
(9) "Organization" means a number of individuals assembled together, which have different characteristics, interests and behaviors that do not denote a separate ethnic and cultural heritage today, as they once did. The group is composed of both Native American Indians and other ethnic races. They are not all related to one another by blood.
(10) "Lineal descendant" means direct genetic descent from a specific ancestor.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.02 PURPOSE.
Section 4-34-103(6) of the Tennessee Code Annotated states that "It is the duty of the commission to ... 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".
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.03 LIMITATIONS.
(1) The Native American Indian entities recognized by this act, their members, lands, natural resources, or other property owned by such entities or their members, are subject to the civil, criminal, and regulatory jurisdiction and laws of the state of Tennessee, its agencies, and political subdivisions, and the civil and criminal jurisdiction of the courts of the state of Tennessee, to the same extent as any other person, citizen or land in Tennessee.
(2) Notwithstanding their state certification, Native American Indian entities have no power or authority to take any action that would establish, advance or promote any form of gambling in the state of Tennessee; nor does this provision of law confer power or authority to take any action which could establish, advance or promote any form of gambling in the State.
(3) Nothing in this act recognizes, creates, extends, or forms the basis of any right or claim of interest in land or real estate in this state for any Native American Indian entity recognized by the State.
(4) Federally-recognized tribes retain all federally recognized sovereignty of rights under this provision of law.
(5) State recognized tribes that subsequently obtain federal recognition are not bound by the limitations of this provision and therefore, gain and retain all federally recognized sovereignty of rights under this provision of law.
0785-1-.04 RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIAN NATIONS, TRIBES, OR BANDS.
(1) Eligibility for recognition is limited to petitioning groups that meet the following criteria:
(A) The petitioning group is headquartered in the state of Tennessee, is indigenous to this state, and has been identified on a substantially continuous basis as Native American Indians throughout the history of the group; and
(B) A majority of the petitioning group inhabits a particular geographic area in Tennessee or lives in a community in Tennessee 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 that has historically inhabited the state of Tennessee; and
(C) 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
(D) The membership of the group is composed of a majority of persons who are not members of any other North American Indian federally- or state-recognized tribe.
(2) The following information shall be provided to the Commission to review:
(A) A copy of the group's present governing document and/or a statement describing in full the membership criteria and the procedures through which the group governs its affairs and members; and
(B) 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. The membership must consist of individuals who have established certified descendancy from a tribe that existed historically; and
(C) A history of the petitioning group from the time of state creation (1796) to present, written by a professional historian or anthropologist and no longer than two-thousand (2000) words.
(D) Documented traditions, customs, legends, etc., that demonstrate the group's Native American Indian cultural heritage.
(E) Letters, statements, and documents from state or federal authorities, that document a history of tribal-related business and activities that specifically address Native American Indian culture, preservation, and affairs.
(F) Letters, statements, and documents from federally- or state-recognized tribes in and/or outside of Tennessee which attest to the Indian heritage of the group.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.05 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 filed with the state Secretary of State, 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 recognized Native American Indian members, based on the Commission's criteria of individual recognition. A membership ratio must be maintained consisting of a majority of Native American Indians who are able to meet the Commission's recognition criteria to members who do not meet the Commission's recognition criteria; and
(4) The petitioning group shall demonstrate that it is controlled by a governing board and officers, the majority of whom are Native American Indians.
(5) A history of the petitioning group from the time of its creation to the present, no longer than one-thousand (1000) words, shall be submitted.
(6) If an organization uses a name or language of Native American Indian cultural affiliation (eg, tribal or clan name), the petitioning group shall demonstrate the historicity of its cultural tribe or clan and that a majority of its members are directly related or historically affiliated with the named or referenced cultural group.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.06 RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIAN INDIVIDUALS IN TENNESSEE.
(1) All applicants must have maintained a permanent residence in Tennessee for at least twelve (12) months prior to their date of application.
(2) Individuals may be recognized by the state by satisfying any of the following means of documentation:
(A) The applicant or applicant's parent(s) has a roll number or certificate of Indian blood from a tribe recognized by the USA government; or
(B) The applicant or applicant's parent(s) has a roll number from a tribe recognized by a state legislature; or
(C) The applicant is a direct lineal descendant of an individual previously recognized as a Native American Indian by the State of Tennessee from the effective date of these rules; or
(D) The applicant's birth certificate shows the applicant or applicant's parent(s) to be Native American Indian; or
(E) The applicant has a certified family tree and supporting genealogy which shows a direct ancestor of the applicant to appear on a roll of a federally-recognized Native American Indian tribe; or
(F) 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 historical document 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.
(3) The onus of responsibility shall be upon the applicant to provide notarized documentation of claimed enrollment or certified documentation of claimed relationship.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.07 PROCEDURES FOR PETITIONING FOR RECOGNITION.
(1) (A) The Commission shall establish a three (3)-member Recognition Committee composed of Commissioners who shall review the applications and documentation provided by each applicant, and report its findings to the Commission.
(B) The Secretary of the Commission shall be a member of the Recognition Committee and shall maintain an annotated logbook of all applications and supporting documentation received, the date of completed application, and the Commission's decision and date thereof.
(C) The Recognition Committee may request additional information from the applicant if deemed necessary.
(D) Documentation that is incomplete or not notarized, or genealogical information that is not certified, shall be returned with the rest of the application and documentation, to the applicant.
(E) Apart from the applicant's name, city of residence, and tribal affiliation/descendancy, all applications, documentation and information submitted shall be kept confidential by the Commission.
(F) Applicants may at any time request the return of their application and documentation. No determination will be made on an application withdrawn prior to the Commission's decision.
(2) (A) Applications for recognition shall be created by the Commission and be made available from the Commission's Secretary.
(B) Applications for minors and disabled individuals may be filed by the parent, next of kin, recognized guardian, or other person responsible for the care of the minor or incompetent individual.
(3) (A) Three (3) paper copies of the completed applications and supporting documentation, with a return self-addressed envelope of the same size and same postage, shall be mailed to the Secretary of the Commission for review by the Commission's Recognition Committee.
(B) The Commission may charge a $20 non-refundable processing fee, payable by check or money-order to the Commission of Indian Affairs.
(5) The Commission shall either approve or deny the application within one (1) calendar year from the date of the completed application. The Commission may request additional information from the applicant if necessary.
(6) When the application and required documentation are complete, the Recognition Committee shall review the application and present their finding to the Commission for determination at the next regular Commission meeting. The applicant(s) will be notified in writing of the Commission meeting at which time the application will be reviewed and a decision made.
(7) Formal acknowledgement of the decision of the Commission regarding the status of an application for state recognition shall be in writing.
(8) All application materials, including application form and supporting documentation and any copies, shall be returned to the applicant immediately following the Commission's decision on the applicant's request for recognition.
(9) A current list of the names of all recognized nations, tribes, bands, organizations and individuals, including tribal affiliation and city of residence, shall be maintained by the Commission's secretary and shall be publicly available.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.08 CHANGES IN RECOGNITION STATUS.
(1) Nations, tribes, or bands recognized pursuant to the rules herein contained shall notify the Commission of any changes in enrollment criteria and subsequent additions or deletions of members. Nations, tribes, or bands recognized pursuant to the rules herein contained shall be reviewed five (5) and ten (10) years following the date of recognition for continued and final recognition respectively.
(2) Organizational recognition shall be valid for a period of four (4) years. Organizations recognized pursuant to the rules contained herein shall submit updated leadership and membership rolls every four (4) years for renewal of recognition certification.
(3) (A) Upon receipt of a termination notice or other evidence of termination acceptable to the Commission, the name of the terminated nation, tribe, band or organization shall be removed from the list of recognized groups.
(B) 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 list of recognized individuals.
(C) Individual recognition may be rescinded upon demonstration that the information upon which the recognition decision was based is incorrect.
(4) Any recognized nation, tribe, band, organization or individual may terminate its/his/her recognition by submitting written notice to the Recognition Committee of the Commission.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.09 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 explain the specific deficiencies, errors, or supplementary material to be reviewed, and mailed by registered mail to the Commission within forty-five (45) days of the date of the Commission meeting when the application was denied.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
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