2022 -- H 7471

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LC004551

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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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, Williams, Amore, Barros, Baginski,
Solomon, Kazarian, Morales, McEntee, and Marszalkowski

     Date Introduced: February 11, 2022

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

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

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

CHAPTER 162

RECOGNITION OF NATIVE AMERICAN TRIBES

     42-162-1. Petition for recognition.

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

representatives with the following documentation:

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

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

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

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

which historically inhabited a specific area;

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

members as an autonomous entity throughout history until the present;

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

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

procedures;

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

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

entity;

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

acknowledged North American Indian tribe; and

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

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

108 (HCR 108) of 1953).

     42-162-2. Legislative power.

     The house of representatives has the authority to forward a petition for state recognition to

the governor for enactment through legislation; however, there are several areas where the

legislature has the authority to impose restrictions:

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

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

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

     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

recognition.

     This act would take effect upon passage.

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