2023 -- H 5020

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RECOGNITION OF NATIVE

AMERICAN TRIBES

     

     Introduced By: Representatives Vella-Wilkinson, Noret, Morales, Casimiro, Bennett,
Sanchez, Solomon, Kazarian, and J Lombardi

     Date Introduced: January 06, 2023

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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CHAPTER 165

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RECOGNITION OF NATIVE AMERICAN TRIBES

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     42-165-1. Petition for recognition.

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     A Native American tribe may petition the state for recognition by providing the house of

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representatives with the following documentation:

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     (1) A statement of facts establishing that the tribe has been identified from historical times

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until the present on a substantially continuous basis as "American Indian" or "aboriginal";

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     (2) Evidence that a substantial portion of the group inhabits a specific area or lives in a

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community viewed as American Indian and that its members are descendants of an Indian tribe

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which historically inhabited a specific area;

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     (3) Evidence that the tribe has maintained tribal political authority or influence over its

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members as an autonomous entity throughout history until the present;

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     (4) A copy of the tribe's governing document, including membership criteria, or, if it does

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not have a formal governing document, a description of its membership criteria and governing

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procedures;

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     (5) An official membership list, any available former lists, and evidence that current

 

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members descend from a historic tribe or tribes that combined into a single autonomous political

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entity;

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     (6) Evidence that the tribe consists mainly of people who are not members of an

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acknowledged North American Indian tribe; and

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     (7) A statement that the tribe is not the subject of the congressional legislation that has

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terminated or forbidden the federal trust relationship (pursuant to House Concurrent Resolution

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108 (HCR 108) of 1953).

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     42-165-2. Legislative power.

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     The general assembly is granted the authority to forward a petition for state recognition to

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the governor for enactment through legislation; provided, however, the general assembly has the

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authority to impose restrictions on the following activities:

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     (1) Gaming licensure and/or permission to establish a casino;

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     (2) Creation of a state reservation or relinquishment of government land; and

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     (3) Approval for state sales tax-free economic development ventures.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RECOGNITION OF NATIVE

AMERICAN TRIBES

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     This act would provide a procedure for a Native American tribe to petition the state for

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recognition.

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     This act would take effect upon passage.

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