general assembly of pennsylvania house bill 338

[dabosijigwokush]

formal recognition by the governor of natives in pa
this has to be stopped
your statis has to be renued every 2 years
a fee for filing?
 
members: those individuals who have been determined by a group to be it's member according to criteria established by the group
any one can be a native acording to this

tribe: a seperate and distinct community of native americans generally related by blood, marriage or adoption, with  common cultural ties and interests which differentate member from nonmembers
this realy ticks me off
the whole tribe can be adopted
 
a commissioner may serve unlimited terms
i dont think so
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[Moma_porcupine]

Here is a link and some longer quotes from this bill...

http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtT
ype=PDF&sessYr=2009&sessInd=0&billBody=H&billTyp=B&billNbr=0338&pn=0369

THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
338
Session of
2009
INTRODUCED BY BISHOP, YOUNGBLOOD, WALKO, THOMAS, SIPTROTH, RAPP,
PRESTON, PALLONE, MANDERINO, KORTZ, FRANKEL, FLECK, FABRIZIO,
DALEY, COHEN AND CALTAGIRONE, FEBRUARY 10, 2009
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 10, 2009
AN ACT
Providing for formal recognition by the Governor of Native American bands or clans, nations and tribes indigenous to Pennsylvania; providing for certification of Native American organizations; establishing the Commission on Native American Affairs; conferring powers and duties on the Department of Community and Economic Development; (con..)


(con..)

Section 2. Legislative intent.
The General Assembly finds and declares as follows:

(1) This Commonwealth has been historically the homeland of diverse groups.

(2) The Commonwealth has a duty and responsibility to foster awareness, understanding and appreciation of the many and varied contributions to the quality of life made by its diverse ethnic communities, including Native Americans.

(3) 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.

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

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

(6) Recognition and certification will enable the Commonwealth to provide access to Federal programs to eligible groups.

(Con...)

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 the Indian status of a Native American organization is approved by the commission for a period of two years subject to biennial recertification.

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

(con...)

"Indigenous to Pennsylvania." Having ancestors who inhabited one or more specific areas within this Commonwealth before 1790.

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

"Nation." A distinct group of Native Americans, separated by other groups by its own language, history, sacred places and rituals, and rooted in and part of the land out of which it grew.

"Native American." Any individual or group that is, or has its members descended from, a group which inhabited North America before European contact in 1492.

(con...)

"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.

(con...)

(a) Recognition.--A group may apply to the commission for recognition if the group believes itself to be:

(1) a Native American band, clan, tribe or nation; and (2) indigenous to Pennsylvania.

(b) Certification.--A group may apply to the commission for certification.

Section 6. Recognition criteria.

The commission may recommend that an eligible petitioning group be recognized if the petitioning group establishes all of the following:
(1) The group:
(i) has been identified as Native American from before 1790 until the present;

and

(ii) has been part of a continuous Native American community from before 1790 until the present.

(2) The members of the group are descendants from a tribe which:

(i) existed before 1790;
(ii) is indigenous to Pennsylvania;
(iii) inhabited a specific area in Pennsylvania before 1790;

and

(iv) is composed principally of individuals who do not belong to any other acknowledged or recognized group and is not a splinter faction which has separated from a group currently recognized.


Section 7. Application process for recognition.

(a) Compliance with regulations.--A petition for recognition must comply with regulations promulgated by the commission.

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

(1) Historical documents showing from before 1790 until the present, two or more of the following:

(i) Long-standing relationships of the group with the government of the Commonwealth 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 groups or national Native American organizations in a relationship 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 this Commonwealth from before 1790 until the present.

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

(i) A list of membership criteria established by the group.(ii) A statement of the membership procedures adopted by the group.

(iii) A list of all individuals included on the group's current and previous rolls and the county in which each resides.

(c) Other evidence.--The petitioner may submit any other evidence recognizing individuals as members of the group, including, but not limited to:

(1) Affidavits from federally or State recognized tribal elders, tribal leaders or tribal officials recognizing individuals as members of the group.

(2) Affidavits from individuals attesting to the fact that individuals have lived as members of the group.

(3) Documentation that individuals have participated in programs available only to 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 informationrelating to an individual.


Section 8. Certification criteria.
The commission shall certify an organization as a Pennsylvania Native American organization if the applicant demonstrates that:

(1) The organization consists solely of members.

(2) The organization is incorporated in this Commonwealth.3) Fifty-one percent or more of the organization's board belong to federally or state recognized tribes.

(4) Fifty-one percent or more of the organization's membership are Native Americans.

(5) The organization has existed as an incorporated organization for a minimum of two years.

(con...)

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

(con...? )

Section 10. Notice of filing.
Upon receipt of a complete application for recognition or certification, including payment of any required fees, the commission shall publish a notice of filing of the petition in the Pennsylvania Bulletin. Persons or groups wishing to support
or challenge a petition must provide written comments within 30 days of the filing of the notice in the Pennsylvania Bulletin.

It's a bit confusing as to how all those different requirements would work together or be interpreted in combination ...

------
edited to remove confusing over use of bold .

[matt e]

that is one of the worst thought out piece of legislation i have seen in a long time.

  the only reason i can think of for getting re certified every 2 years is money for the state.

  i have friends in PA and they all say the state has some messed up laws. apparently this is another example.

[dabosijigwokush]

if this passes then people like The Erie Indian Moundbuilders Tribal Nation will be reconized in pa

[NanticokePiney]

if this passes then people like The Erie Indian Moundbuilders Tribal Nation will be reconized in pa

  That's the problem. Members of the Philadephia Yearly Meeting (Quakers) and the PYM Indian Committee are speaking out against this. It's insane!

[Don Naconna]

As a member of Philadelphia Yearly Meeting  I am quite proud of the opposition to this law. TBE is NOT an Indian, he and his "tribe" are frauds. His actions, his lies and theft of an Indian family history is deplorable. Its all about money that these people do NOT deserve, and should be banned under federal law, like welfare fraud...

[dabosijigwokush]

as far as i can find that this bill passed , now to find out who has used it
and if in fact they are real or not

[NanticokePiney]

as far as i can find that this bill passed , now to find out who has used it
and if in fact they are real or not

  1 group that isn't real so far. 

[Don Naconna]

if this passes then people like The Erie Indian Moundbuilders Tribal Nation will be reconized in pa

This is why PA voters need to be aware of who is and isn't legitimate. I'm going to get in touch with my family and associates in PA and let them know about TBE and his little wannabee tribe as well as some of the others in PA.

[E.P. Grondine]

As a member of Philadelphia Yearly Meeting  I am quite proud of the opposition to this law. TBE is NOT an Indian, he and his "tribe" are frauds. His actions, his lies and theft of an Indian family history is deplorable. Its all about money that these people do NOT deserve, and should be banned under federal law, like welfare fraud...

Don, what is the situation in Pennsylvania for Lenape, Susquehannock, and Andaste descendants?

Are you against state recognition, as some here are?

What do you think should be done?

[Don Naconna]

No, I am not opposed to state recognition. The tribes you refer to are legtimate and have histories in PA. The Erie Moundbuilders are not a legitimate tribe by any definition, neither are many other groups in the state. I was born in Philadelphia and am very familiar with the large numbers of non Indian opportunists, cultists, pretenders and frauds. The Binay "Tribe" is based in PA an will probably try to take advantage of this new law, as far as I can tell so will the black Indian cults like the Washitaw/Nuwaubians. As long as politics is the primary factor in recognition, any pressure group can exert pressure to become a "tribe", casinos, taxfree status, cigarettes sales, land, health care, education even housing .
Tribes like the Lenape have preserved their language and heritage without recognition for years. They have no casinos or special rights in PA, the same is true for Shawnee, Munsie and others. What this bill encourages is groups that are unrelated and while some members may have some blood, they are not historically from PA. In the 2000 census there were 11,000 people who identified themselves as being or having some degree of Indian blood, I believe that most are not PA tribes.

[E.P. Grondine]

Hi Don -

Then what language needs to be added to the bill, and which parts re-written, so that these abuses do not happen?

E.P.

[NanticokePiney]

Tribes like the Lenape have preserved their language and heritage without recognition for years.

  Don, If you believe this I suggest you contact the PYM Indian Committee and ask Sondra, Marie and Nancy about this.