Tennessee State Code, Annotated
STATE GOVERNMENT
CHAPTER 34
COMMISSION OF INDIAN AFFAIRS
SECTION.
4-34-101. Creation -- Administration.
4-34-102. Purposes.
4-34-103. Powers and duties.
4-34-104. Members.
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SECTION.
4-34-105. Meetings.
4-34-106. Annual report.
4-34-107. Fiscal records -- Audit.
4-34-108. Executive director and staff.
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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 administered under the direction and supervision of the Department of Environment and Conservation. [Acts 1983, ch. 425, § 1; 1986, ch. 678, § 1.]
Compiler's Notes.The Commission of Indian Affairs, created by this section, terminates June 30, 1993. See §§ 4-29-112, 4-29-214.
Section to Section References. This section is referred to in § 4-29-214.
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Comparative Legislation. Indian affairs commissions:
Ala. Code § 41-9-708 et seq.
Ga. O.C.G.A. § 45-13-42 et seq.
N.C. Gen. Stat. § 143B-404 et seq.
Va. Code § 9-138.1 et seq.
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4-34-102. Purposes. -- The purposes of the commission are to:
(1) Deal fairly and effectively with Indian affairs;
(2) Bring local, state and federal resources into focus for the implementation or continuation of meaningful programs for Indian citizens of the state of Tennessee;
(3) Provide aid and protection for Indians as needs are demonstrated;
(4) Prevent undue hardships;
(5) Assist Indian communities in social and economic development; and
(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. [Acts 1983, ch. 425, § 2.]
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 committees that may be concerned with Indian affairs;
(4) Encourage and implement coordination of applicable resources to meet the needs of Indians in Tennessee;
(5) Cooperate with and secure the assistance of the local, state and federal governments or any agencies thereof in formulating such programs;
(6) Coordinate such programs with 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;
(7) Review all proposed or pending state legislation and amendments to existing state legislation affecting Indians in Tennessee;
(8) Conduct public hearings on matters relating to Indian affairs and to subpoena any information or documents deemed necessary by the commission;
(9) Study the existing status of recognition of all Indian groups, tribes and communities presently existing in the state of Tennessee; and
(10) Establish appropriate procedures to the provide for legal recognition by the state of presently unrecognized groups and to provide for official state recognition by the commission of such groups. [Acts 1983, ch. 425, § 3.]
4-34-104. Members. -- (a) The Tennessee commission of Indian affairs shall consist of five (5) members appointed by the governor, at least three (3) of whom shall be persons of not less than twenty-five percent (25%) native American lineage.
(b) Members shall serve for three-year terms, except in the first appointments the Indian members shall be appointed for terms of one (1), two (2), or three (3) years each and the non Indian members shall be appointed for two (2) or three (3) years each.
(c) Any member appointed to fill a vacancy shall be appointed for the remainder of the term of the member causing the vacancy.
(d) The governor shall appoint a chairperson of the commission, subject to ratification by the full commission.
(e) Commission members shall be compensated in accordance with the comprehensive state travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. [Acts 1983, ch. 425, § 4; 1984, ch. 825, § 1.]
4-34-105. Meetings. -- (a) The commission shall meet quarterly and at any such time that it deems necessary.
(b) Meetings may be called by the chairperson or by a petition signed by a majority of the members of the commission.
(c) Ten (10) days' notice shall be given in writing to such members prior to the meeting date.
(d) A simple majority of the Indian members of the commission must be present to constitute a quorum.
(e) Proxy voting will not be permitted. [Acts 1983, ch. 425, § 5.]
4-34-106. Annual report. -- (a) The commission shall prepare a written annual report giving an account of its proceedings, transactions, findings and recommendations.
(b) This report shall be submitted to the governor and the general assembly.
(c) The report will become a matter of public record and will be maintained in the state archives. It may also be furnished to such other persons or agencies as the commission may deem proper. [Acts 1983, ch. 425, § 6.]
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 licensed 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 1983, ch. 425, § 7; 1986, ch. 678, § 1.]
4-34-108. Executive director and staff. -- (a) The commission may, subject to legislative or other funds that would accrue to the commission, employ an executive director to carry out the day-to-day responsibilities and business of the commission.
(b) The executive director, also subject to legislative or other funds that would accrue to the commission, may hire additional staff and consultants to assist in the discharge of the executive director's responsibilities, as determined by the commission.
(c) The executive director shall not be a member of the commission, and shall be of Indian descent. [Acts 1983, ch. 425, § 8.]
SECTION.
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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Part 1--General Provisions
4.34-101. Creation -- Administration.
Compiler's Notes. The commission of Indian affairs, created by this section, terminates June 30, 2001. See §§ 4-29-112, 4-29-222.
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Section to Section References. This section is referred to in § 4-29-222.
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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 of 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 1984, 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 elgible 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 state.
[Acts 1994, ch. 972, § 1.]
Tennessee Code: TITLE 15: HOLIDAYS; CHAPTER 2: DAYS OF SPECIAL OBSERVANCE
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.]
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DEPARTMENT OF STATE
TENNESSEE OPEN APPOINTMENTS
TERM BEGINS |
TERM ENDS |
HOUSE |
SENATE |
RACE |
SEX |
COUNTY |
VACANCY TYPE |
Indian Affairs Commission
ID# 4005 L & C Tower, 10th Floor, 401 Church Street
Nashville TN 37243-0459 615-532-0746
DEPARTMENT: | Environment & Conservation | TENNESSEE CODE ANNOTATED: | 4-34-104 |
ORIGINATION DATE: | 1983 | EXPIRATION DATE: | 6/30/2001 |
NUMBER OF MEMBERS: | 5 | TERMS: | 3 years |
APPOINTING AUTHORITY: | Governor | |
CHAIRPERSON: | [ yet to be elected ] | BOARD LIAISON: | Penny Patterson
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DUTIES: | Collect and disseminate information on Indian affairs; investigate relief needs, provide technical assistance and implement coordination of applicable resources to meet these needs; Secure local, state and federal assistance in formulating programs and coordinate such programs with those of the federal government to secure full benefit; Conduct public hearings on Indian affairs; Study existing status of recognition of all Indian groups, tribes and communities in Tennessee; and establish appropriate procedures to the provide for legal recognition. |
QUALIFICATIONS: | At least three (3) of the Commission shall be persons of not less than twenty-five percent (25%) Native American lineage. |
MEETING FREQUENCY: | Quarterly; approximately forty-eight (48) hours of meetings per month. |
COMPENSATION: | Members receive travel reimbursement in accordance with state travel regulations. |
AGENCY FUNDS: | Approximately fifteen thousand dollars ($15,000.00) per year. These are state funds provided to support the operation of the Commission. |
NUMBER OF VACANCIES: | 1 NEW TERM BEGINS: 06/01/1997 NEW TERM ENDS: 05/31/2000 |
VACANCY REQUIREMENTS: | Appointee shall be a person of not less than twenty-five percent (25%) Native American lineage. |
VACANCY APPLICANTS CONTACT: | Penny Patterson 615-532-0130 |
BOARD MEMBERS |
TERM BEGINS |
TERM ENDS |
HOUSE |
SENATE |
RACE |
SEX |
COUNTY |
VACANCY TYPE |
Current Commissioners:
1. Prest, Clayton
986 Smith Place
Cunningham TN 37052
931-387-3125 |
6/1/95 |
5/31/2001 |
68 |
22 |
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M |
Montgomery |
SET |
Appointed By: Governor Sundquist
Comments: [acting chairperson] reappointed 5/31/98 |
2. Bell, Cubert Jr ID# 4005
3330 Church Street
Burns TN 37029
615-740-7263 |
Appointed By: Governor Sundquist
Comments: Serves as one of three persons who shall be of
not less than twenty-five percent (25%) Native American lineage. |
Other Recent Commissioners:
Hughes, Carolyn
Route 2, Box 500
Evensville TN 37332
423-447-7320 |
03/19/99 |
resigned 1/2/2001 |
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F |
Rhea |
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Appointed By: Governor Sundquist
Comments: |
Nickens, Eddie ID# 4005
1140 Valley View Road
Ashland City TN 37015
615-792-9209 |
Appointed By: Governor Sundquist
Comments: Serves as one of three persons who shall be of
not less than twenty-five percent (25%) Native American lineage. |
Cook, Doug ID# 4005
PO Box 296
Englewood TN 37329
423-887-7561 |
9/5/98 |
resigned 11/28/1998 |
? |
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Appointed By: Governor Sundquist
Comments: Serves as one of three persons who shall be of
not less than twenty-five percent (25%) Native American lineage. |
Reynolds, Judy M. (Creek)
7070 Tagen Drive
Memphis TN 38133
901-382-3964 |
6/1/96 |
resigned 3/19/99 |
95 |
31 |
| |
F |
Shelby |
SET |
Appointed By: Governor Sundquist
Comments: |
Martin, John ID# 4005
8135 Tamarack Drive
Knoxville TN 37919
423-966-9756 |
/88 |
5/31/99 |
14 |
06 |
| |
M |
Knox |
SET |
Appointed By: Governor Don Sundquist
Comments: Serves as one of three persons who shall be of not less than twenty-five percent (25%) Native American lineage. |
Grant, Harley A. ID# 4005
87222 Hidden Branches Road,
Harrison TN 37341
423-267-0647 |
9/8/84 |
5/31/98 |
26 |
11 |
| |
M |
Hamilton |
SET |
Appointed By: Governor Sundquist
Comments: Serves as one of three persons who shall be of not less than twenty-five percent (25%) Native American lineage. |
* Yahola, Becky M. served as chairperson 1996
207A Clearview Drive,
Lebanon TN 37087
615-444-8544 |
6/1/94 |
5/31/97 (3/01/98) |
46 |
17 |
| |
F |
Wilson |
SET |
Appointed By: Governor Ned McWherter
Comments: Vacant Position, May 97 Publication. Serves as one of three persons who shall be of not less than twenty-five percent (25%) Native American lineage. |
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Luvenia H. Butler, Executive Administrative Assistant/Director (1988? - August 1998)
Toye Heape, Executive Director (8 August 1998 - 6 July 2001)
from the Tennessee Department of Environment and Conservation Legal Counsel
December 1991
Rules
of
the Tennessee Commission of Indian Affairs
Chapter 0785-1
Recognition Criteria for Native American Indians
Table of Contents
0785-1-.01 Definitions
0785-1-.02 Purpose
0785-1-.03 Recognition Criteria for Native American Indian Nations, Tribes, or Bands
0785-1-.04 Recognition Criteria for Native American Indian Organizations
0785-1-.05 Recognition Criteria for Native American Indian Individuals
0785-1-.06 Procedures for Petitioning for Recognition
0785-1-.07 Changes in Membership Rolls
0785-1-.08 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) "Enrollment" means being recognized as a Native American Indian by
the state of Tennessee.
(4) "Roll" means the official list of recognized Native American
individuals in Tennessee.
(5) "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.
-Authority: T.C.A. Section 4-34-103. Administrative History: Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.02 Purpose. To establish criteria and procedures to provide for legal recognition by the state of Tennessee of Native American Indians presently existing in Tennessee.
-Authority: T.C.A. Section 4-34-103. Administrative History: Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.03 Recognition Criteria for Native American Indian Nations, Tribes, or Bands
(1) The petitioning group has been identified on a substantially
continuous basis as Native American Indians throughout the history of their race; and
(2) A substantial portion of the petitioning group inhabits a
particular geographic area or lives in a community 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 which has historically inhabited the same geographic area; and
(3) 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
(4) A copy of the group's present governing document is provided and/or
a statement describing in full the membership criteria and the procedures through which the group governs its affairs and members; and
(5) 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, shall be submitted. The membership must consist of individuals
who have established descendency from a tribe that existed historically;
and
(6) The membership of the group is composed principally of persons who
are not members of any other North American Indian tribe.
-Authority: T.C.A. Section 4-34-103. Administrative History: Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.04 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, 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 Native American Indian members, based on the group's own defined criteria of ancestry recognition. A membership ratio must be
maintained consisting of a majority of Native American Indians to
non-Indian members; and
(4) The petitioning group shall be controlled by a governing board and
officers, the majority of which are Native American Indians.
-Authority: T.C.A. Section 4-34-103. Administrative History: Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.05 Recognition Criteria for Native American Indian Individuals in Tennessee
(1) All applicants must have maintained a permanent residence in
Tennessee for at least six (6) months prior to their date of application.
(2) Individuals may be enrolled with the state by satisfying any of the
following means of documentation:
(a) The applicant has a roll number or certificate of Indian
blood from a federally-recognized tribe; or
(b) The applicant is a direct descendant of an individual
previously recognized as a Native American Indian by the State of
Tennessee. The applicant will be required to provide proof of relationship to the enrolled individual.
(3) All Native American Indians previously recognized by the State of
Tennessee will continue to be recognized and will not have to reapply for recognition.
-Authority: T.C.A. Section 4-34-103. Administrative History: Original rule filed July 3, 1990; effective August 17, 1990. Amendment filed October 9, 1991; effective November 23, 1991.
0785-1-.06 Procedures for Petitioning for Recognition
(1) Applications for recognition are available on request from the
Tennessee Commission of Indian Affairs.
(2) 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) Complete applications and supporting documentation are to be sent to:
Director
Tennessee Commission of Indian Affairs
Department of Environment and Conservation
701 Broadway
Nashville, TN 37243-0435
(4) The Director of the Tennessee Commission of Indian Affairs shall
review all applications and supporting documentation.
(5) If the application and required documentation are complete, the
Director will present the information to the Commission for the Commission to review. The applicant(s) will be notified in writing of the Commission meeting when the application will be reviewed.
(6) The Commission will either approve or deny the application. The
Commission may request additional information from the applicant if
necessary.
(7) The Commission will notify each applicant in writing of the
Commission's decision.
-Authority: T.C.A. Section 4-34-103. Administrative History: Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.07 Changes in Membership Rolls
(1) Nations, tribes, or bands recognized pursuant to the rules herein
contained shall notify the Tennessee Commission of Indian Affairs of any
changes in enrollment criteria and subsequent additions or deletions of
members.
(2) Organizations recognized pursuant to the rules herein contained
shall submit updated membership rolls on a biennial basis for renewal of
recognition certification.
(3) 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 roll.
(4) Any recognized individual may terminate his or her enrollment by
submitting written notice to the Director of the Commission.
-Authority: T.C.A. Section 4-34-103. Administrative History: Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.08 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 be received by the
Commission with thirty (30) days of the date of the Commission meeting when the application was denied.
-Authority: T.C.A. Section 4-34-103. Administrative History: Original rule filed July 3, 1990; effective August 17, 1990.
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Tennessee Code, Annotated
TITLE 15 HOLIDAYS/CHAPTER 2: DAYS OF SPECIAL OBSERVANCE
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.]
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October designated "Native American Indian Month" in Tennessee 1995
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updated: 3 november 01
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