AN ACT Providing for formal recognition by the Commonwealth of Pennsylvania of Native American nations, tribes, bands, groups or clans indigenous to Pennsylvania; providing for certification of Native American social organizations or groups, provide for formal recognition of individual Native Americans; providing for powers and duties of a Governor's Commission on Native American Recognition; and imposing a penalty.

TABLE OF CONTENTS
Section   1. Short title.
Section   2. Legislative intent.
Section   3. Definitions.
Section   4. Classes of petitions.
Section   5. Application process for Class A Petitioners for Formal permanent recognition as Native American Nation or Tribe.
Section   6. Application Process for Class B Petitioners for Certification as a Native American Organization.
Section   7. Application Process for Class C Petitioners for Formal Permanent Recognition as an Native American Individual.
Section   8. Recognition Advisory Committee.
Section   9. Processing Petitions.
Section 10. Governor's Advisor on Native Americans Shall Submit Petition to Governor.
Section 11. Reconsideration of Commission Determination.
Section 12. Governor's Action on Recognition Recommendation.
Section 13. Fees.
Section 14. Rules and Regulations.
Section 15. Penalty.
Section 16. Effective Date.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Short title.

This Act shall be known and may be cited as the Pennsylvania Native American Recognition Act.

Section 2. Legislative intent.

The General Assembly finds and declares as follows:

(1) This Commonwealth was historically the homeland of diverse Native American nations, tribes, groups, clans, and bands.

(2) It is in the public interest for the Commonwealth and its citizens to identify, conserve and perpetuate the diverse cultural and ethnic heritage of this Commonwealth and to promote greater awareness and understanding for the education, inspiration and the general public welfare of all the people, including future generations.

(3) It is in the shared interest of the Commonwealth and Native American groups in Pennsylvania to avoid misrepresentation of Native American identity, culture, heritage, and religions.

(4) It is in the shared interest of the Commonwealth and Native American groups in Pennsylvania to establish a formal procedure to recognize Native American groups indigenous to Pennsylvania, certify Native American of organizations, and recognize Native American individuals.

(5) Recognition and/or certification will enable the Commonwealth to provide access to Federal programs to eligible Native American groups or organizations.

(6) Recognition and for certification will enable the Commonwealth to identify who is a Native American for purposes of minority status, religious practice, and arts and crafts sales.

Section 3. Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Band." A sociopolitical division of a tribe, separated from the tribe by historical events or geographical, political or similar causes.

"Certification." The process by which a Native American organization is certified by the Commission for a period of four years subject to biennial recertification.

"Clan." A group of Native Americans related by bloodline descent.

"Commission." Commission appointed by the Governor to advise the Governor on Recognition of Native Americans under this Act.

"Descendant." A person descended by bloodline from a member or members of a nation, tribe, band, or clan.

"Indian organization." A membership-based organization or group whose board is at least 51% Native American.

"Indigenous to Pennsylvania." Individuals or groups whose ancestors inhabited one or more specific areas within this Commonwealth before 1795 such as the Susquehannocks (Conestogas, Minquas or Andastes), Delawares (Lenni Lenape), Seneca, Shawnee, Conoys (Piscataway or Ganawese), Tuscaroras, Nanticokes, Tutelo, Eries (Erieehronons), Wenro (Ahouenrochrhonons), Black Minquas, Akansea.

"Members." Those individuals who have been determined by a tribe, band, group or clan to be its members according to criteria established by the tribe, band, group or clan.

"Native American," "North American Indian," "American Indian," "Indian" or "'Aboriginal." An individual who has identified and lived as an Indian person or a tribe, band, group or clan which is, or whose members are descended from, a tribe that inhabited North America before European contact in 1492.

"Recognition Process" or "Formal Recognition Process. " The process by which the Pennsylvania Indian status of a Native American tribe, band, group, clan, social organization or individual is granted by the Governor.

"Tribe." A separate and distinct community of Native Americans generally related by blood, marriage or adoption with common cultural ties and interests which differentiate members from nonmembers.

Section 4. Classes of Petitions.

(a) Class A petitions for formal recognition.-- A nation, tribe, band, or clan may apply to the commission for formal permanent recognition of its Pennsylvania Indian status.

(b) Class B petitions for social organizations or group certification.-- A social organization or group may apply to the commission for a renewable two-year certification as an Indian organization.

(c) Class C petitions for individual formal recognition.-- An individual person may apply to the Commission for formal permanent recognition of his/her individual Native American status.

Section 5. Application process for Class A Petitioners for Formal permanent recognition as Native American Nations or Tribes.

(a) Compliance with regulations.--A petition for formal recognition as a Pennsylvania Indian nation, tribe, band, group or clan (herein after referred to collectively as a group) shall comply with regulations promulgated by the commission.

(b) Documentation.--To document that the petitioning group meets the established criteria, the petitioning group shall submit the following:

(1) Historical documents showing from before 1795 until the present, two of the following:

(i) A relationship or dealings between the group and the government of Pennsylvania or the United States, based on identification of the group or the group's members as Native American.

(ii) Repeated dealings of the group with a county or other local government in a relationship based on the identification of the group or group's members as Native Americans.

(iii) Repeated dealings of the group with other federally or state recognized Native American groups or national Native American organizations based on identification of the group as Native American.

(iv) Identification of the group as Native American by anthropologists, historians, genealogists or other scholars.

(v) Repeated identification of the group or group's members as Native American in official government records, church or school records, medical records, Bibles and other family records, newspapers, books, photographs or oral histories.

(vi) Documents identifying the name of the group or other term recognizing the group as Native American with an approximate location in Pennsylvania from before.

(2) Documentation of membership criteria of the group which addresses all of the following:

(i) A list of membership criteria established by the group; and

(ii) A statement of the membership procedures adopted by the group; and

(iii) An affidavit from the Board that to the best of the Board's knowledge 51% of the members of the group are descendants from a tribe which existed before 1795 and inhabited an identifiable geographic location in Pennsylvania before 1795; and

(iv) A majority of the members are not a splinter group or faction which
separated after 1934 from a currently recognized federal or state tribe which was recognized after the Indian Reorganization Act of 1934.

(c) Other evidence.--The petitioner may submit any other evidence which may include affidavits from federally or state recognized tribal elders, tribal leaders or tribal officials recognizing individuals as members of the group.

(d) Personal information confidential.--To protect the confidential nature of this documentation, the commission shall deny inspection or copying of any part of the documentation that contains personal information relating to an individual.

Section 6. Application Process for Class B Petitioners for Certification as a Native American Organization.

(a) The Commission shall certify a social organization or group as a Pennsylvania Native American Organization if the petitioner demonstrates that it meets all of the following criteria:
(1) The organization is membership based;
(2) The organization is incorporated in this Commonwealth;
(3) Fifty-one percent or more of the Organization's board are native Americans;
(4) (i) The organization has existed as an incorporated organization for a minimum of two years; or
(ii) two currently certified organizations provide notarized letters attesting to the petitioner's board members character and credibility in the Native American community in Pennsylvania.
(5) A copy of the Organizations by-laws.

(b) Duration of certification.--Certification of Native American organization status shall be in effect for a period of four years. Organizations may reapply to renew their certification.

Section 7. Application Process for Class C Petitioners for Formal Permanent Recognition as an Native American individual.

(a) Compliance with regulations-- A petition for formal permanent recognition as an Native American Individual shall comply with regulations promulgated by the Commission

(b) The Commission may recommend that an eligible petitioning individual be formally recognized as a Native American if the petitioner establishes the following:

(1) The petitioner is a resident of the state of Pennsylvania; and

(2) The petitioner is of Native American dissent; and

(3) The petitioner is not currently an enrolled member of a state or federally recognized Indian tribe because the petitioner can not gain membership in a federally or state recognized tribe due to denial of matriarchal or patriarchal registration or birth off of reservation lands or the petitioner is a member of a federally unrecognized tribe or the petitioner is a member of a tribe which disbanded or has no recognition or formal organization.

(c) Documentation.-- To document that the Class C Petitioner meets the established criteria, the Class C petitioner shall submit the following:

(1) Proof of Pennsylvania residency.--Two of the following must be shown to satisfy section (b)(l); drivers license, home address, mailing address, place of employment or educational study, voters registration, or prior tax returns to the Commonwealth

(2) Proof of Native American descent to satisfy section (b)(2);

(i) petitioners own formal records, such as; drivers license, social security number, medical and/or hospital records, or any other formal records which identify the petitioner as native American; or

(ii) genealogy of petitioners family showing at least one-sixteenth blood quantum. Genealogy should include but is not limited to the following;

(A) family tree listing names, birth, death, and marriage dates of ancestors

(B) supporting documentation of the family tree shall include but not be limited to; supporting documentation birth and/or death certificates for all family members whose death or birth occurred after 1934, marriage certificates, family bible, family photos, church, cemetery, baptismal, or other religious records;

(C) other types of supporting documentation of the family tree include but are not limited to; records from any federal and/or state legislative, administrate, or judicial body, records from Native American tribes, census and/or enrollment records, any other records identifying family members who are of Native American descent or identifies family members with distinctly Native American names; or

(iii) Five affidavits from tribal elders, tribal leaders or members of petitioners community, who are not related to petitioner, who have known the petitioner at least five years, as to their awareness of the individuals Native American heritage and status as well as any other information affiant finds relevant to petitioners application.

(3) Notarized statement from petitioner explaining why petitioner has not been recognized as a Native American to satisfy section (b)(3).

Section 8. Recognition Advisory Commission.

(a) Convening of Commission.--The Governor shall appoint a Recognition Advisory Commission for those requesting formal recognition by the Governor.

(b) Role and responsibilities of Commission.--The Commission shall:

(1) review the petition for recognition to determine if any additional information is needed from the applicant before determination of the petition status can be finalized; and

(2) make recommendations for or against formal recognition of the petitioning group as required.

(c) Role of Governor's Advisor on Native Americans.--The Native American Advisor shall have the following role and responsibilities with respect to the Commission:

(1) To serve as the chairperson of the Commission.
(2) To call all meetings for petition reviews to order.
(3) To be a nonvoting member of the Commission.
(4) To transmit all recommendations of the Commission to the Governor.

(d) Composition of Commission.--The Commission shall consist of five members who to the maximum extent possible shall be Native Americans and a representative from each nation/tribe recognized by the Commonwealth. All members shall be voting members unless otherwise herein noted. The Commission shall appoint the following members:

(1) Three Native Americans from different Federal or State recognized tribes, bands, groups or clans other than the petitioning group.

(2) Two persons with demonstrated expertise in genealogy and in American Indian genealogy, if available.

(3) One person qualified in anthropology, ethnohistory or related fields.

(4) A Representative from each nation/tribe the Commonwealth has recognized. Each Native American Tribe/Nation may designate from among its members an alternate representative who may serve from time to time in place of its appointed representative.

(e) Conflict of interest.--A Commission member or the Governor's Advisor on Native Americans may not participate in any deliberations with respect to a petition made by a petitioning group of which a Commission member or the Governor's Advisor on Native Americans is a member. In case of conflict on behalf of the Governor's Advisor the Commission shall elect an assistant to the Governor's Advisor to act in his behalf

(f) Compensation.--Members of the Commission shall serve without salary or compensation, but shall be reimbursed for actual and necessary expenses incurred while attending official meetings or performing other official functions required by this act.

(g) Vacancies.--If a Commission seat should become vacant then it shall be filled by the Governor for the unexpired balance of the term.

(h) Terms.--The terms of Commission members shall be as follows: in the year nineteen hundred and ninety-six, two members shall be appointed for a term of three years, two members shall be appointed for a term of two years and one member shall be appointed for a term of one year. Representatives from Commonwealth recognized tribes shall be appointed in the year which the tribe/nation is recognized. Thereafter, all appointments shall be for a Four-year period.

Section 9. Processing Petitions.

(a) Acceptance by Commission.--The Commission shall accept for review all complete petitions. A petition may not be considered complete until the Commission has received payment of required fees and all information requested in the petition form or required by this act.

(b) Notice to group.--After a petition is received, the Governor's Advisor on Native Americans shall notify the petitioning group in writing that the petition was received.

(c) Notice of Incomplete petition.-- With in 60 days of receipt the Commission shall notify the petitioning group whether the petition is incomplete and list what specific additional information is required to complete the petition.

(d) Failure to complete petition.--If the petitioning group fails to complete the petition within one year after notice is mailed to the petitioning group that the petition is not complete, the petition shall be deemed withdrawn and the Commission shall notify the petitioning group.

(e) Additional period to complete petition.--If the petitioning group during the one-year period requires additional time to complete the petition and provides reasonable justification, the Commission may grant one additional period of up to one year for the petitioning group to complete the petition.

(f) Notice to Governor of Receipt of Complete Petition.--After the Commission determines the petition is complete under the provisions of this act, the Commission shall notify the Petitioning Group and the Governor.

(g) Preliminary review.--Within 25 days of notice of completion the Commission shall review the documentation submitted for the petition and may request the petitioning group to submit any specific additional documentation necessary to determine whether a petitioning group meets the criteria set forth in section 5.

(h) Upon completion of Review.--The Commission shall notify the Governor whether the petitioning group meets the recognition criteria set forth in section 5. In advising the Governor whether a petition meets the recognition criteria set forth in section 5, the Commission shall:

(1) Consider the petition, all factual or legal submissions in support of or in opposition to the petition, and the petitioning group's written response, if any; and

(2) Use to the maximum extent practicable the information and sources available to it, including individuals not on the Commission who have knowledge or expertise with Federal or other state Indian tribe recognition procedures, or an understanding of the history of Native Americans in Pennsylvania.

(i) Inadequate information or documentation.--If the Commission determines that the information or documentation submitted in support of the petition is not adequate to establish that the petitioning group meets the criteria set forth in section 5, then the Commission shall notify the petitioning group of its determination, whereupon the petitioning group may request a reconsideration under the provisions of section 13 of this Act.

Section 10. Governor's Advisor on Native Americans shall submit petition to Governor.

Upon the Commission's Completion of Review.-- The Governor's Advisor shall submit to the Governor the Commission's determination of findings and request that the petitioning group be formally recognized by the Governor as a Pennsylvania Indian tribe, band, group or clan.

Section 11. Reconsideration of commission determination.

(a) Procedure for taking appeal.--Upon receipt of a determination that the criteria for recognition have not been met, the petitioning group may appeal for a reconsideration by the Commission. The petitioning group shall file a letter of intent within 30 days of receipt of the Commission's determination and shall submit any and all additional documentation within 90 days.
(b) Appointment of review panel.--After receiving a request for review, the Governor shall appoint a three-member panel to review the Commission's determinations and all the evidence submitted in support of or in opposition to the petition. The panel shall include at least one member of the Commission, and the Governor's Advisor who together shall nominate the third member to the review panel.

(c) Report of panel.--The panel shall report its findings and recommendations to the Governor within 60 days after expiration of the 90-day appeal period. If the appeal panel concludes that the Commission failed to adequately consider any evidence submitted and that the evidence if adequately considered may reverse the Commission's determination, the appeal panel shall notify the Governor that the previous decision was incorrect and recommend recognition.

(d) Notice to petitioning group.--The Commission shall promptly notify the petitioning group of the appeal panel's findings and recommendation to the Governor.

(e) The Commission's actions are appealable after the notice of final determination from the Governor is received. The appeal may be taken to the Commonwealth Court.

Section 12. Governor's action on recognition recommendation.

(a) Concurrence with request for recognition.--If the Governor concurs with a request for formal recognition by the Commission then the Governor shall issue an order of the Commonwealth formally recognizing the Indian status of the petitioning group. The Commission shall promptly notify appropriate governmental agencies and national and state Native American organizations of the order.

(b) Nonconcurrence with request for recognition.--If the Governor does not concur with a request for formal recognition by the Commission, the Governor shall notify the Commission of the reasons, and the Commission shall promptly notify the petitioning group.

Section 13. Fees.

(a) Establishment.--All fees required under the provisions of this act shall be set by the Governor's Office and published as a notice in the Pennsylvania Bulletin. Fees shall be set by the Governor's Office in order to offset costs necessary to administer the provisions of this act and shall be non-refundable.

(b) Time for payment.--Payment of fee as set by the commission must be received at the time of filing the petition for formal recognition or certification or recertification.

Section 14. Rules and regulations.

(a) General Rule.--The commission shall promulgate such rules and regulations as are necessary to carry out this act.

(b) Law Applicable.--The commission shall promulgate its rules and regulations subject to the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, except for the establishment of fees under section 14.

Section 15. Penalty.

(a) Offense created.--In any matter relating to a petition under this act, a person commits a misdemeanor if the person:

(1) Knowingly and willfully falsifies or conceals a material fact by any trick scheme or devise;

(2) Makes any false, fictitious, fraudulent statement or representation; or

(3) Makes or uses any false writing or document knowing the writing or document contains false, fictitious or fraudulent statements or entries.

(b) Penalty.--A person who violates subsection (a) shall, upon conviction, be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than six months, or both. Section 16. Effective date.

This act shall take effect in 60 days.