Bill Text: NJ S963 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes NJ Native American Burial Ground Preservation Task Force.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-17 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S963 Detail]
Download: New_Jersey-2012-S963-Introduced.html
Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
Establishes NJ Native American Burial Ground Preservation Task Force.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the New Jersey Native American Burial Ground Preservation Task Force, and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Intertribal People" means Native Americans who reside in New Jersey and are not members of the Nanticoke Lenni Lenape Indians, Ramapough Mountain Indians, the Powhatan Renape Nation, or the Ani Tsalagi Onaselagi Northeastern Band, but are enrolled members of another tribe recognized by another state or the federal government.
"Native American burial ground" means an area that has either oral or written documentation or has been recorded as a burial ground with Native American human remains, an area that has had testing performed which shows evidence of Native American human remains without oral or written documentation, or an area that is currently being used to bury Native American human remains on Native American lands or in Native American private cemeteries that are not located on Native American lands.
"Sacred site" means any marked or unmarked burial site, preparation site, burial area or cemetery that is of ritual or traditional significance in religion and culture to Native Americans. This includes all archaeological sites, current development sites, ancient and current sweat lodges, rock painting sites, caves, remnants of ancient dwellings, and any site that is of historical and present significance to Native Americans.
2. a. There is established in but not of the Department of Environmental Protection the New Jersey Native American Burial Ground Preservation Task Force. The task force shall evaluate and study the need, and establish guidelines and procedures, for the protection and preservation of Native American burial grounds, sacred sites, and archaeological sites on State, local government, and private lands.
b. The task force shall consist of nine members as follows:
(1) the Commissioner of Environmental Protection, or the commissioner's designee, who shall serve ex officio;
(2) the Administrator of the New Jersey Historic Preservation Office in the Department of Environmental Protection, or the administrator's designee, who shall serve ex officio;
(3) the Chairperson of the New Jersey Historical Commission, or the chairperson's designee, who shall serve ex officio;
(4) the Chairperson of the New Jersey Commission on American Indian Affairs established pursuant to P.L.1995, c.295 (C.52:16A-53 et seq.), or the chairperson's designee, who shall serve ex officio; and
(5) five public members to be appointed by the Governor with the advice and consent of the Senate for four-year terms, except that of those first appointed, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years and two for a term of four years. Of the five public members, one shall be a member of the Nanticoke Lenni Lenape Indians, one shall be a member of the Ramapough Mountain Indians, one shall be a member of the Powhatan Renape Nation, one shall be a member of the Ani Tsalagi Onaselagi Northeastern Band, and one shall be a member of the Intertribal People.
c. The members of the task force shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the task force for its purposes.
d. Any vacancy in the membership shall be filled in the same manner as the original appointment.
e. The task force shall be entitled to the assistance and service of the employees of any State, county or municipal department, board, bureau, commission, authority, or agency as it may require and as may be available to it for its purposes, and to employ stenographic and clerical assistance and to incur traveling or other miscellaneous expenses as may be necessary in order to perform its duties, within the limits of funds appropriated or otherwise made available to it for its purposes. The Department of Environmental Protection shall provide primary staff support to the task force.
f. The task force shall meet monthly or at the call of the chairperson of the task force or the Commissioner of Environmental Protection or when requested by any four members of the task force.
g. The task force shall organize as soon as possible after the appointment of its members, and shall select annually a chairperson from among its members and a secretary who need not be a member of the task force.
3. a. It shall be the duty of the task force to:
(1) educate the public about the Native American heritage and culture of New Jersey;
(2) promote increased cooperation among all Native American communities in the State;
(3) examine and evaluate the need for the protection and preservation of Native American burial grounds, sacred sites, and archaeological sites in New Jersey;
(4) establish guidelines and procedures for the preservation of burial grounds, sacred sites, and archaeological sites when discovered on land that is owned by the State, local government or private parties, including land that is existing public parkland; and
(5) hold at least one public hearing to solicit public comment and suggestions on the issues and matters to be studied and evaluated pursuant to this subsection.
b. The task force may solicit or receive any information or resources concerning the protection and preservation of Native American burial grounds, sacred sites, and archaeological sites made available by any governmental, public, private, not-for-profit or for-profit entity.
4. a. The task force shall submit to the Commissioner of Environmental Protection, for approval by the commissioner, recommendations for guidelines and procedures for the protection and preservation of Native American burial grounds, sacred sites, and archaeological sites in New Jersey required pursuant to this act.
b. Upon approval by the commissioner of the recommendations for guidelines and procedures submitted by the task force pursuant to subsection a. of this section, the task force, in conjunction with the Department of Environmental Protection, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations, not inconsistent with the provisions of this act and notwithstanding any other provision of law to the contrary, to implement those guidelines and procedures. The rules and regulations shall also establish a penalty schedule for any violation of any rule or regulation adopted pursuant to this act.
5. This act shall take effect immediately.
STATEMENT
This bill would establish the New Jersey Native American Burial Ground Preservation Task Force. The purpose of the task force would be to evaluate and study the need, and establish guidelines and procedures, for the protection and preservation of Native American burial grounds, sacred sites, and archaeological sites on State, local government, and private lands.
The task force would consist of nine members as follows: (1) the Commissioner of Environmental Protection, or the commissioner's designee, who shall serve ex officio; (2) the Administrator of the New Jersey Historic Preservation Office in the Department of Environmental Protection, or the administrator's designee, who shall serve ex officio; (3) the Chairperson of the New Jersey Historical Commission, or the chairman's designee, who shall serve ex officio; (4) the Chairperson of the New Jersey Commission on American Indian Affairs, or the chairperson's designee, who shall serve ex officio; and (5) five public members, representing, respectively, the three New Jersey State recognized Native American Nations (i.e., the Nanticoke Lenni Lenape Indians, the Ramapough Mountain Indians, and the Powhatan Renape Nation), the Ani Tsalagi Onaselagi Northeastern Band, and the Intertribal People.
The bill would require the task force to submit to the Commissioner of Environmental Protection, for approval by the commissioner, recommendations for guidelines and procedures for the protection and preservation of Native American burial grounds, sacred sites, and archaeological sites in New Jersey. Upon approval by the commissioner, the task force, in conjunction with the Department of Environmental Protection, would adopt rules and regulations to implement those guidelines and procedures.
