As folks seem to believe that state recognised tribes are not authentic. This is from the Nanticoke tribe of the Delmarva Peninsula and New Jersey. I believe we have Nanticoke members in the group. I am originally from PA which does not have state recognised tribes, alhough the last census indicated that 11,000+ people listed their race as Native American.
An American Indian Tribal Nation…
The Nanticoke Lenni-Lenape Indian Tribe is a sovereign American Indian Nation made up of the Nanticoke and Lenni-Lenape people whose homelands have been in Southern New Jersey and the Delmarva Peninsula from ancient times. Enrolled tribal citizens have met the mandatory documented descendancy and blood quantum requirements from the historic core tribal families as set by our tribal law. Our tribal sovereignty was granted by the almighty Creator to our ancestors and was never surrendered by our tribal leadership to any other authority. Our tribal citizens freely submit to the jurisdiction of, and pledge allegiance to, the Tribal government of the Nanticoke Lenni-Lenape Indian Tribe and agree to abide by any and all laws and rules of the Nanticoke Lenni-Lenape and its governing documents and will respect and comply with the decisions of the duly elected Tribal Council. American Indians are citizens of the United States and their own tribes. The Nanticoke Lenni-Lenape Indian Tribe expects its citizens to uphold the just laws of the federal, state, and tribal governments and calls on the federal and state governments to honor and respect its intrinsic tribal authority.
A Non-Gaming Tribe…
In keeping with the guidance of the almighty Creator, the admonishment of our tribal elders, the standing policies of our tribal leaders and the spiritual legacy left for future generations of our people, our tribal law requires that the Nanticoke Lenni-Lenape Indian Tribe shall not own, manage, operate or sponsor any business which profits from the promotion of vice. This law applies to the Tribe itself and to all of its current or future subsidiaries.
This tribal law specifically bans casino style gambling, the operating of slot machines, the selling of cigarettes, cigars, alcohol, pornography and federally or state banned substances by the tribe or its current or future subsidiaries.
An Affirmative Relationship with the State of New Jersey…
The Nanticoke Lenni-Lenape Indian Tribe is a recognized American Indian Tribe by the State of New Jersey through both concurrent legislative resolution (S.C.R. 1982 No.73) and through state statute (N.J.P.L. 1995 c. 295; N.J.S. 52:16A-53 et. seq). For almost two decades, the Tribe enjoyed unquestioned state recognized status. However, since 2001, the Tribe and its tribal citizens have suffered through interpretive ambiguities and direct attacks by some state officials regarding its status. Such attacks on the state recognition of the Nanticoke Lenni-Lenape ignore evidence from state records and actions supporting the history of such recognition and undermine the statutory responsibility of the Commission on American Indian Affairs to represent the interest of our tribal communities
· The 1992 New Jersey Statutes, in authorizing correction to birth certificates (26:8-49), listed that the “three New Jersey tribes of American Indians, the Powhatan-Renape Nation, the Ramapough Mountain Indians, or the Nanticoke Lenni-Lenape Indians” are able to substantiate American Indian Ancestry based upon their respective tribal records.
· The official November 2000 report to the Governor and Legislature from the New Jersey Commission on American Indian Affairs states, in its “Background” section, that the Powhatan-Renape Indians, Nanticoke Lenni-Lenape Indians and the Ramapough Mountain Indians are “…the only three tribes recognized by the State of New Jersey.” Moreover, the section entitled, “Legislative Action,” repeats the detail that, “There are only three tribes in the State of New Jersey that are legally recognized by the State.”
· The Nanticoke Lenni-Lenape Indian Tribe was designated by the State of New Jersey in the 2000 United States Census as “SDAISA,” which is a “State Designated American Indian Statistical Area” and is defined by the US Census Bureau as: “A statistical entity for state recognized American Indian tribes that do not have a state recognized reservation. SDAISAs are identified and delineated for the Census Bureau by a designated state official.”
· According to New Jersey Statute 52:16A-56(4)(e), the Commission on American Indian Affairs has the statutory responsibility to serve as the “liaison among American Indian communities, the State and federal governments.”
Our tribal government and tribal citizens are a part of the history of New Jersey. We seek to reinforce and expand our affirmative partnership with the state that reflects an understanding of Tribal History in New Jersey and provides for a improved tribal-state relationship. Bills have been introduced in the New Jersey State Legislature on behalf of the Nanticoke Lenni-Lenape Indians of New Jersey, Inc. reaffirming the Tribe’s 1982 state recognition by Concurrent Resolution No. 73. A new public law reaffirming our recognition will provide the Tribe with statutory protection of its eligibility for the federal benefits, rights and attributes extended to federally recognized Indian Tribes and federal protection for the sale of artwork, and the right to engage in traditional religious practices and ceremonies. In spite of the previous recognition by resolution, the Tribe has suffered through subsequent governmental misinterpretations of its rights as an Indian Tribe, placing tribal artisans at risk of losing the ability to advertise their crafts as “Native American Made,” which is strictly regulated by the federal government. Additionally, the new legislation will preserve the Tribe’s ability to apply for federal funding restricted for Native Americans and uphold the legitimacy of marriages solemnized through Tribal ceremonies.
While the 1982 resolution and the current bill provide for such federal benefits and acknowledgement, they do not bestow federal recognition, which is a much more lengthy, intensive and costly process through the U.S. Department of the Interior’s Bureau of Indian Affairs and is also being pursued by the Tribe. The current bill includes language negating the possibility that the Tribe could use its state recognition to establish a casino, which is also a federally regulated process and would require a tribal compact with the state. Tribal leaders willingly accepted this preclusion, as the Tribe had previously determined not to pursue Indian gaming, but to continue its tradition of community benefit services, cultural retention and promotion of its heritage.
The following information was prepared by the Government Relations Committee of the Nanticoke Lenni-Lenape Indian Tribe. It provides insight into the reasons that state recognition is important for the tribal government and tribal citizens, and how the state can benefit from reaffirming recognition and actively partnering with the Nanticoke Lenni-Lenape Indian Tribe. Our major request can be summed up in two ways: 1) An immediate confirmation of our status as a state recognized tribe through a proclamation from the Governor and an official letter to the Indian Arts and Crafts Board; 2) Statutory reaffirmation of state recognition and acknowledgement of our tribal government.
Why a Reaffirmation of our State Recognition is Important to our Tribal Government –
1. It enhances the Tribe’s ability to apply for federal funding restricted for Native Americans. Without state recognition, tribes are ineligible for certain types of funding and are no longer as competitive for funding for which they may still technically qualify. Federal funding for American Indians is primarily targeted to the more than 560 federally recognized tribes. The State recognized tribes, of which there are approximately 40, must compete for what is left. Without state recognition, a tribe is rarely able to receive American Indian educational, social, health and community development funding.
2. It empowers the Tribe’s ability to impact and oversee American Indian Title VII Education Funding, Programming and Initiatives (20 U.S.C. 7401 et seq.). This provision works toward the goal of ensuring that programs that serve Indian children are of the highest quality and provide for not only the basic elementary and secondary educational needs, but also the unique educational and culturally related academic needs of tribal children so that such students can meet the same challenging State student academic achievement standards as all other students are expected to meet.
3. It empowers the Tribe to be the primary service provider for certain federal initiatives, such as the Workforce Investment Act of 1998 (section 166) and the Empowerment Zone and Enterprise Community Program (Taxpayer Relief Act of 1997).
4. It allows the Tribe to establish American Indian Tribally Owned Companies (AITOC) which qualify for special government contracting set asides and incentives. AITOCs are able to qualify for Small Business Association 8(a) Business Development Program exceptions, because the business is helping to support an entire tribal government and community through economic development opportunities (13 CFR 124.506).
5. It grants eligibility for the Tribe to participate in the benefits of the Indian Self-Determination and Education Assistance Act as a governmental agency, providing programming and benefits to tribal citizens (25 USC 450 B).
6. It qualifies the Tribe to protect tribal children under the Indian Child Welfare Act (25 USC 21), providing a partnership between tribal and state government in issue of foster care.
7. It entitles the Tribal government to participate in the Indian Community Development Block Grant Program (42 U.S.C. 5301 et seq.), which provides assistance to Indian tribes in the development of viable Indian communities. Indian tribes may use block grants to improve the housing stock, provide community facilities, make infrastructure improvements, and expand job opportunities by supporting the economic development of their communities.
8. It entitles the Tribe’s demographics to be included in the United States Census through a State Designated American Indian Statistical Area (SDAISA), which is a statistical entity for state recognized American Indian tribes that do not have a state recognized reservation. SDAISAs are identified and delineated for the Census Bureau by a designated state official. They generally encompass a compact and contiguous area that contains a concentration of individuals who identify with a state recognized American Indian tribe and in which there is structured or organized tribal activity.
9. It provides for the legitimacy of marriages solemnized through Tribal ceremonies. Those who oversee and register marriages endorsed by tribal tradition and law may not have clergy “credentials” in the non-Native sense. Such marriages are accepted if the tribal government endorsing them has state or federal recognition… and, therefore, may act as its own religious judicatory.
10. It affirms the authority granted tribal traditional spiritual leaders to serve as chaplains in institutional and military settings. Endorsement by a tribe with state or federal recognition is required for most academic, hospital, prison, and military chaplain positions for traditional Native American spiritual leaders, since customary “clergy credentialing” does not apply.
11. It allows the tribe to participate in regional, national and international forums which require state or federal recognition. The National Congress of American Indians only allows state and federally recognized tribes to join and have governmental voting privileges. This helped our partnership with the state in the legal battle to preserve the Black Creek site in Vernon, NJ. The land, which the State Department of Environmental Protection has bought through its Green Acres program, is now part of Wawayanda State Park. Additionally, world-wide recognition of the Saint John United Methodist Church of Fordville, NJ as an historic Native American Church – established as a tribal congregation, required that documentation of state recognition be submitted to the General Board of Global Ministries of the United Methodist Church. Saint John UMC is the only congregation with such a designation in the state.
12. It supports the validity of our Tribe in addressing issues of its own history, from the educational curriculum in public schools and area colleges, to having been invited to advise on artifacts from our community held at the research center of the Smithsonian Institute.
13. It strengthens tribal requests for an accurate accounting of our people. Some primary and secondary schools and school districts have not kept an accurate statistical accounting of our people among their student bodies. On occasion, these districts do not even provide a Native American/American Indian racial category on forms. The original people of New Jersey should never be relegated to an “Other” category.
14. It allows federal agencies to work with our tribal government. In partnership with the Tribe, the U.S. Fish and Wildlife Services restored grassland habitat on tribal property. Native warm-season grasses and wildflowers were seeded to 12 acres to benefit grassland-dependent migratory birds and insect pollinators in southern New Jersey. Additionally, sweetgrass, a native plant with cultural significance to the tribe, will be planted when propagation is completed in 2002.
15. It authenticates our standing among the recognized tribal communities around the country and in Canada, allowing tribal citizens living out of state to be well received.
16. It differentiates between historic American Indian Tribes and American Indian Enthusiast Groups. American Indian Tribes are not “re-enactment groups” or “historical/cultural enthusiasts,” who may not have any descent from a Native tribal community. However, without state or federal recognition, legitimate tribes of ancient origin are not offered the respect they deserve.
Why a Reaffirmation of our State Recognition is Important to our Tribal Citizens –
1. It grants our tribal artisans and craftsmen ability to advertise their crafts as “Native American Made,” which is strictly regulated by the federal government with heavy penalties for violations. “Native American Made” or “American Indian Made” designations greatly increase the value of artwork and crafts because it certifies their authenticity. The designation also allows tribal artisans and craftsmen to enter competitions and participate in exhibits restricted to citizens of state and federally recognized tribes. The designation also allows our arts and crafts to be competitive in the Native artisan's world.
2. It validates the music, literature or artwork as authentic, having an impact on the market value of creative works and the extent to which they are received and valued. It also allows such creative works to be entered into restricted contests.
3. It allows tribal citizens to join National / Intertribal Native groups and organizations. Tribal citizenship in a state or federally recognized tribe afford the ability to join, vote and run for office.
4. It allows tribal citizens to establish Native American Businesses recognized by the Small Business Administration, and various national Native American business associations.
5. It allows tribal citizens to participate in American Indian Chambers of Commerce, which often require citizenship in a federal or state tribe in order to join, run for office or vote.
6. It allows tribal citizens to participate in “Native Only” Pow Wows and cultural events. Some organizations and tribal nations require proof of citizenship in a state or federally recognized tribe to dance and participate in activities not open to the general public.
7. It qualifies tribal citizens for certain educational grants and scholarships restricted to Native Americans. Non-federally recognized tribal citizens need a state recognized tribal affiliation in order to qualify for funding targeted for American Indians.
8. It qualifies tribal citizens as eligible to apply to tribal colleges and training programs as American Indians, providing for certain privileges reserved for tribal citizens.
9. It qualifies tribal citizens for restricted jobs with other state or federally recognized tribes. Many federal or state recognized tribes, when hiring outside of their own tribal population, prefer to hire Native Americans from other tribes for their tribal social services, land development, educational institutions and other positions. Proof of state or federally recognized tribal citizenship is typically required.
10. It qualifies tribal citizens for certain health services from Indian Health Service Clinics and some tribal health services. Some medical programs and clinics are available to those of Native ancestry who can prove they are citizens of a state or federally recognized tribe.
11. It allows tribal communities in other states or in Canada to organize and be recognized as legitimate bands or sub-groups. It differentiates these bands as truly “tribal” as opposed to being merely an enthusiast group with no Native descent.
Why a Reaffirmation of our State Recognition is Important to the State –
1. It allows an American Indian Tribe to act as a government with powers similar to a state, accessing programming funding for its citizens that the state cannot provide because of the restricted nature of the subsidy. Such programming infuses the state with services to its citizens who are also citizens of its recognized tribes and even those who are not tribal citizens but live in tribal communities.
2. It acknowledges the continued presence of an indigenous tribal government, diminishing the strength of treaty claims from other tribal governments or groups from outside of the state, or unrecognized American Indian groups within the state, regarding gaming and land claims. Our tribal law prohibits the establishment of Indian casino gaming and our tribal values promote a respect for the private property rights of our citizens and our neighbors. The state would have a friendly partner in promoting Native interests.
3. It allows for federal funding and programming targeting American Indian Tribes to stay within the state, benefiting New Jersey. Without affirmative state support, such targeted initiatives will be controlled by outside entities.
4. It stimulates the state’s economic development, especially in rural tribal areas. As tribal economic development expands, the job market expands for both tribal and non-tribal citizens.
5. It provides for an authoritative voice on American Indian Issues within the state to aid in guiding state policies and educating state institutions regarding both historic and modern Native concerns.
6. It ensures that the state has representation with the national and international indigenous community. As the National Congress of American Indians presses the federal government regarding tribal issues and the United Nations promotes the concerns of indigenous communities, New Jersey would not be left out.
7. It bolsters a valuable partner in environmental protection as the tribe can bring “set aside” resources to bear on state environmental and preservation concerns.
8. It aids in overturning the mistreatment of the state’s indigenous communities. With the state as a confirmed ally in uplifting it tribal communities, the legacy of suffering and persecution is confronted.
