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Andre Cramblit wrote: > ============================================================ > FREE Nokia 3390 pre-loaded with AOL Instant Messenger > Unlimited Weekend Minutes - FREE Long Distance > FREE Digital Roaming Nationwide - CLICK HERE! > http://click.topica.com/caaafjia2iVRFa2A68wa/Inphonic > ============================================================ > > Native American Sovereignty Enhancement Act of 2001: A Proposal > by > Jack D. Forbes > Professor, Native American Studies > University of California, Davis > > Native tribes face many serious problems relating to their ability to > exist as self-governing and viable governments. These proposals are > designed to solve a number of existing issues with a single piece of > legislation, one which will allow historic tribes to attain full > self-determination and yet, at the same time, allow tribes to pool their > powers together for certain judicial and other purposes, such as > environmental protection, healthcare, and law enforcement, whenever > desired. > I.Purposes: > The purposes of this legislation are: > a.to carry out the intent of the Snyder Act of 1924 and the > Wheeler-Howard > Act of 1934 that all American Indian tribes wherever found in the United > States be accorded equal access to federal services and programs and > that all American Indian individuals who are members of organized > pueblos, bands, communities, tribes, or nations be accorded access to > federal services and programs; > b.to apply the principles of tribal sovereignty and self-determination > uniformly in all operations of government in recognition of the equality > with the states granted to tribes by the Interstate Commerce Clause of > the Constitution of the United States. > c.to give full faith and credit to all cases where states have > recognized > American Indian tribes within their own boundaries; and > d. to provide a mechanism to correct situations where historic tribes > have > been combined with different tribes or separated from divisions of their > own tribe. > > II.Definitions: > For purposes of this legislation the term tribe shall stand for all > organized > indigenous entities including pueblos, bands, communities, or nations; > and the term "indigenous" shall stand for American Indian, Native > American, aboriginal, and all other terms referring to the pre-Columbian > inhabitants of the American continent and their descendants. > > III. The Use of Joint Powers Authority: > A.All indigenous tribes shall possess the authority to enter into joint > powers agreements with other tribes or with states for the purpose of > pooling inherent authority to accomplish a specific governmental > purpose; such as the establishment of a joint legal system with > appellate courts, the establishment of a joint law enforcement > authority, the establishment of a joint education authority; the > establishment of a joint health authority, and any other joint powers > agency which will facilitate governmental operations; > B.Tribal joint powers agencies shall be governed by the same federal > statutes and court decisions as apply to joint powers agencies existing > between states; except where tribal sovereignty exceeds that of the > states. > C.Tribal joint powers agencies may be established without the approval > of any agency of the United States government or of any state government > but funding or the committing of non-tribal resources may require > external negotiation. > IV.Federal recognition of State-recognized Tribes > A.Any indigenous tribe which has been or is currently recognized as an > indigenous tribe in any state of the United States shall henceforth be > regarded as a federally-recognized tribe or community provided that the > Governor of the state in which the tribe or community is principally > located notifies the Secretary of the Interior that the said tribe has > the status of an indigenous tribe recognized as such by one or more > state agencies or provided that the tribe in question provides a > communication to the said secretary as to which state agencies, such as > the Legislature, or the State Department of Education, have so > recognized the group and provides evidence which documents said > recognition such as a copy of the legislation showing the establishment > of a state commission on Indian affairs with membership accorded to the > said group, or other appropriate evidence. > B.Any group recognized as above shall become eligible for federal > services > provided to tribes as tribes when evidence is submitted by the tribe to > the Secretary of the Interior showing that the said tribe possesses a > reservation of land recognized as such by the state in which it is > located, and which shall become land held in trust with the United > States, or that the tribe is the owner of ten or more acres of land > which it intends shall be placed in trust status with the United States; > and also that the tribe has a written constitution duly ratified by > tribal members which is consistent with the Constitution of the United > States and a tribal governing body elected by a vote of the said tribal > membership according to open and democratic procedures; > C.the membership of each state-recognized tribe shall consist in all > those > persons who have been recognized in the past as members of the said > tribe including all of their living descendants, said membership being > documented by previously recorded membership lists, membership cards > issued, or other documentary evidence of membership, supplemented where > documentary evidence is lacking by the notarized statements of at least > three documented members, for each individual claiming membership. > D.Because of the sovereignty implied in the recognition of an American > Indian tribe by a state or by the United States the previous membership > of the tribe is not subject to challenge by the Department of the > Interior except as to the guarantee of continuing membership status for > all past members as described above in C. and that federal recognition > shall not result in a loss of membership for any prior members. > E.Those state-recognized tribes having a prior treaty with the United > States > or with a colonial predecessor of the United States shall have the same > status as other treaty-making tribes and for this purpose all of the > unratified treaties of California and Oregon shall be regarded in the > same light as ratified treaties whenever the tribe or tribes in question > were required to adhere to the treaty and whenever the treaty was > negotiated by an official representative of the United States of > America. > F.Any tribe which has been formally terminated for all or part of its > federal relationship shall be restored to the full federal relationship > provided that the provisions of sections A, B and C are met. > G.Any tribe which has been informally terminated for all or part of its > federal relationship by oversight or neglect shall be restored to the > full federal relationship provided that the provisions of sections A, > B and C are met. > > V.Self-Determination for Historic Tribes > > a.All tribes which have had a historical relationship with the United > States government, with a state government or with any colonial > predecessor government possess the inherent right to organize them- > selves in any manner consistent with the Constitution of the United > States and with treaties ratified with the United States or with any > state or colonial predecessor, and with unratified treaties if the pro- > visions of such were enforced upon the tribe by the United States > government; > b.the above right of organization includes the re-establishment of self- > government in cases where two or more pueblos, bands, tribes or > nations have become combined as one, provided that the two pueblos, > bands, tribes or nations existed previously as separate, sovereign > entities, > or that the two or more pueblos, bands, tribes or nations are possessed > of > mutually distinct languages which are not dialects of the same language; > c.the said right of organization to include the re-establishment of a > unified > governmental structure, of either a confederated, federal, or unitary > nature, for two or more communities, pueblos, bands, tribes or nations > which formerly constituted a single nation but which have become > separated due to historical circumstances; > d.the separation of two or more pueblos, bands, tribes or nations shall > be > initiated by a petition of the members of the combined tribe who would > prefer to separate, said petition to be directed to the Secretary of the > Interior; the Secretary of the Interior shall ask the government of the > combined tribe to hold an election, provided that the petition contains > the signatures of at least 25% of the group proposed for separation. If > the > combined tribe authorizes an election, separation shall be approved if > two-thirds of the adult members of the proposed new group, voting and > non-voting, are in favor or if more than 50% of both the separating and > the remaining group's adults, voting and non-voting, are in favor, of > separation. If the combined tribe refuses to hold an election, or fails > to > hold one during a period of twelve months from the date of the Secretary > of Interior's request, the Secretary shall authorize an election among > the > proposed separating group members only, all elections to be held under > the age and eligibility rules of the combined tribe; > e.under either procedure, a determination of those who are eligible to > vote as a part of the proposed separating group > shall be based upon self-selection except that if > challenged, a voter must show evidence of appropriate tribal, village, > pueblo, or band affiliation as determined by official enrollment records > and provided that no person may choose to be both part of the proposed > separating group and the proposed remainder group for voting purposes, > however, any person may abstain from voting or registering; > f.When the Secretary of the Interior determines that the proposal for > separation has succeeded, as above defined, then the said Secretary > shall > ask the members of the newly separated entity to draw up an interim or > permanent tribal constitution and by-laws; to select an initial or > interim > governing board or council; and to determine if the group wishes to form > a unified tribe or nation with a related group under the provisions of > V (c) and V (h). > g.In the meantime, the Secretary of the Interior shall appoint a > mediator > to facilitate discussions over the division of assets between the > separating > and remaining groups of the previously combined tribe. Negotiations > between the two entities must be based upon an equal division on a per > capita basis of all assets and liabilities other than land; land in > tribal > ownership or federal trust shall always go with the affiliation of the > individuals for whom it is held in trust or who hold a majority interest > > in the case of heirship lands or, if tribally-owned, shall be divided by > negotiation and if that fails by arbitration, according to regulations > to be established by the Secretary of the Interior. > h.When two or more tribes wish to merge to form a new consolidated tribe > the proposal must be approved by a majority vote of each of all > concerned > tribal councils and by a majority of all adult voters in each tribe > entitled > to vote. The proposal must include principles for a new constitution > but > the precise manner of electing the new tribal council and drawing up > a constitution shall be left to the tribal councils concerned, subject > to the authority of the Secretary of the Interior to review and comment > upon, but not to countermand, the decisions reached. > i.When two or more tribes wish to merge to form a new consolidated tribe > their form of union may include a unified parliamentary body for the > unified tribe along with the continuation of existing tribal councils to > > manage local affairs, or any other reasonable form of union not in > conflict with the Constitution of the United States. > j.In a case of merger, as above, assets and liabilities of the combined > tribes > shall be consolidated, partially consolidated, or not consolidated > according to the agreements reached by the merging parties, but all > liabilities must continue in force and be met by the merging governments > in some manner. > > VI.Law Enforcement ,Judiciary and Health > a.As an inherent aspect of sovereignty, all tribes shall have the right > to > maintain jurisdiction over law enforcement and over their own > court system and to resume jurisdiction in the case of tribes affected > by Public Law 280; > b.Any tribe may resume jurisdiction over law enforcement and establish > its own judicial system provided that: (1) it possesses a landbase of at > least four sections (2,560 acres) of trust land and allotments still in > trust and a membership of 1,000 persons, and (2) submits a plan to > the Secretary of the Interior outlining the precise manner in which law > enforcement and judicial matters will be handled; > c.If a tribe possesses less than four sections (2,560 acres) of trust > land > including allotments still in trust and less than 1,000 members it must > form a joint powers agency with other tribes in order to resume > jurisdiction over law enforcement and judicial matters; the tribes > forming the joint powers agency must together meet the above land and > membership requirement except that if as many as four tribes are > includedin the joint powers agency the latter requirement is waived; > d.The joint powers agency shall submit a plan to the Secretary of the > Interior outlining the precise manner in which law enforcement and > judicial matters will be handled, making specific reference to how law > enforcement officers and courts will be shared by the several tribes > creating the joint powers agency. > e.A tribe, or a group of tribes by means of a joint powers agency, may > establish under this section a system of jails and prisons and may take > over, by contract with the Department of Justice or with any state or > county, the operation of federal, state, or county facilities, or parts > thereof, for the purpose > of developing special culturally-relevant programs of rehabilitation for > Native American prisoners convicted of federal, state, or tribal > violations, respectively; > f.To carry out the intent of section VI (e) above, the Department of > Justice > is authorized to turn over a federal prison, or a portion of a federal > prison, by contract to a tribal or intertribal joint powers agency, as > described in VI (e), > provided that the latter agency proposes to operate the prison for the > same or a lesser per-prisoner cost than can the Department of Justice, > subject to a cost-of-living increase each year. > g.A tribe, or a group of tribes by means of a joint powers agency, may > establish a system of health care facilities and may take over, by > contract, the operation of federal, state, or county facilities, or > parts thereof, for the purpose of operating culturally-relevant health > and mental health programs. > h. To carry out the above, the Department of Health and Human Services > is authorized to turn over federal facilities and federally-funded > health-related research centers by contract to a tribal or intertribal > joint powers agency. > > ============================================================ > FREE SHIPPING on high quality apparel from Outer Banks! > Order by 12/31/01 for 30% OFF with this coupon code: PEACE > Outer Banks has had great styles for Men & Women since > 1983: > http://click.topica.com/caaafiBa2iVRFa2A68wf/OuterBanks > ============================================================ > -- Andr� Cramblit, Operations Director-Northern California Indian Development Council NCIDC (http://www.ncidc.org) is a non-profit that meets the development needs of American Indians and operates an art gallery featuring the art of California tribes (http://www.americanindianonline.com) ============================================================ Why Pay More for Domain Names? $8.95 Registrations and Transfers at godaddy.com ICANN-accredited top registrar of new domain names. Reserve your name before someone else does! http://click.topica.com/caaafitb1ddNBb2HgmNf/GoDaddy ============================================================ Visit and show your support for the Grass Roots Oyate http://members.tripod.com/GrassRootsOyate Clemency for Leonard Peltier. Sign the Petition. http://petitiononline.com/Release/petition.html ==^================================================================ This email was sent to: [email protected] EASY UNSUBSCRIBE click here: http://topica.com/u/?b1ddNB.b2HgmN Or send an email to: [EMAIL PROTECTED] T O P I C A -- Register now to manage your mail! http://www.topica.com/partner/tag02/register ==^================================================================
