Bill Text: NJ S1672 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes criteria for State recognition of Native American tribe.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-16 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S1672 Detail]
Download: New_Jersey-2012-S1672-Introduced.html
Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
Establishes criteria for State recognition of Native American tribe.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning State recognition of Native American tribes in New Jersey and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Indigenous" means a person whose ancestry can be traced to a time prior to the arrival of European people in the land that is now the United States of America.
"Native American" or "Indian" means a person who is descended from a tribe or band, or both, that existed prior to the arrival of European people in the land that is now the United States of America.
"Descended" means related by blood to a member of a tribe, band, or Indian Nation.
"Member" means a person who has been determined by either a tribe or band to be a member of the tribe or band based upon criteria determined by the tribe or band, or both, and as established by genealogies and accepted methodologies.
"Band" means a group of people who form a sociopolitical division of a tribe and who were or have separated from that tribe due to geography, political events, inter-tribal conditions, or historic events.
"Tribe" means a group comprised of members who are indigenous Native Americans and who:
(1) are related by blood or marriage, or both, comprise numerous families or generations, or both, and are joined together by a common culture, traditions, beliefs, behaviors, or interests, depicting a separate culture and ethnic history; and
(2) have established themselves as a separate community of Native Americans and are generally accepted as such by other Indian Nations; and
(3) possess full control over the affairs of the group within a territorial or geographical area that has maintained relationships from the tribe to another tribe, the tribe to business, or the tribe to government.
b. The New Jersey Legislature may determine whether a tribe meets the criteria to become a State recognized tribe pursuant to the provisions of this section. If a tribe is found to meet all of the criteria specified in subsection c. of this section, the State Legislature may grant the tribe State recognition by the passage of a concurrent resolution.
c. A tribe may be recognized by the New Jersey Legislature as a tribe of this State upon a finding that the tribe meets all of the following criteria:
(1) The government and offices of the tribe are located in this State, and at least 15 percent of the members of the tribe are residents of this State;
(2) The tribe meets the definition of tribe under subsection a. of this section;
(3) The ancestry of some members of the tribe is tied to traditionally accepted tribes or bands, or both, in this State that have resided in this State for at least 70 years;
(4) The tribe meets the needs of its members in either the religious, cultural, spiritual, or social area through gatherings, events, and educational programs to preserve their heritage as Native Americans;
(5) The tribe can produce tribal rolls of members and evidence of some form of tribal organization or government, or both, for a minimum period of 70 years;
(6) The tribe has a form of government that unites the members and determines the laws of the tribe, with a constitution or bylaws, or both, and a tribal council or council of elders, or both. The makeup of the tribal government shall be considered indicative of its culture and heritage;
(7) There are at least 70 living members over the age of 18 years whose names and addresses appear on the tribal rolls of members and who have produced a lineal genealogical chart to a great grandparent. If a member cannot be genealogically traced to a great grandparent, DNA testing shall have been conducted to prove a claim to being Native American. Blood quantum requirements shall be determined by the tribe or band, but shall be not less than one-sixteenth;
(8) The claims of the tribe are supported by documentation that includes, but need not be limited to, as appropriate: birth certificates; death certificates; information from the Bureau of the Census in the United States Department of Labor; marriage certificates; archeological, anthropological, and other historical documents; and DNA testing to quantify blood ratios; and
(9) Letters, documents, and statements from other tribes in this State or in another State attest to the Indian heritage of the group.
2. This act shall take effect immediately.
STATEMENT
This bill provides that the New Jersey Legislature may determine whether a Native American tribe meets all of the criteria established by the bill for State recognition as a tribe. If a tribe meets the criteria, the bill provides that the Legislature may pass a concurrent resolution extending State recognition to that tribe.
Under the bill, a tribe is defined as a group comprised of members who are indigenous Native Americans and who: (1) are related by blood or marriage, or both, comprise numerous families or generations, or both, and are joined together by a common culture, traditions, beliefs, behaviors, or interests, depicting a separate culture and ethnic history; and (2) have established themselves as a separate community of Native Americans and are generally accepted as such by other Indian Nations; and (3) possess full control over the affairs of the group within a territorial or geographical area that has maintained relationships from the tribe to another tribe, the tribe to business, or the tribe to government.
The criteria set forth in the bill is as follows:
(1) The government and offices of the tribe are located in this State, and at least 15 percent of the members of the tribe are residents of this State;
(2) The tribe meets the definition of tribe set forth in the bill;
(3) The ancestry of some members of the tribe is tied to traditionally accepted tribes or bands, or both, in this State that have resided in this State for at least 70 years;
(4) The tribe meets the needs of its members in either the religious, cultural, spiritual, or social area through gatherings, events, and educational programs to preserve their heritage as Native Americans;
(5) The tribe can produce tribal rolls of members and evidence of some form of tribal organization or government, or both, for a minimum period of 70 years;
(6) The tribe has a form of government that unites the members and determines the laws of the tribe, with a constitution or bylaws, or both, and a tribal council or council of elders, or both. The makeup of the tribal government shall be considered indicative of its culture and heritage;
(7) There are at least 70 living members over the age of 18 years whose names and addresses appear on the tribal rolls of members and who have produced a lineal genealogical chart to a great grandparent. If a member cannot be genealogically traced to a great grandparent, DNA testing shall have been conducted to prove a claim to being Native American. Blood quantum requirements shall be determined by the tribe or band, but shall be not less than one-sixteenth;
(8) The claims of the tribe are supported by documentation that includes, but need not be limited to, as appropriate: birth certificates; death certificates; information from the Bureau of the Census in the United States Department of Labor; marriage certificates; archeological, anthropological, and other historical documents; and DNA testing to quantify blood ratios; and
(9) Letters, documents, and statements from other tribes in this State or in another State attest to the Indian heritage of the group.
