February, 1999 (Revised)
RULES
OF
THE TENNESSEE COMMISSION OF INDIAN AFFAIRS
CHAPTER 0785-1
RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIANS
TABLE OF CONTENTS
0785-1-.01 Definitions
0785-1-.02 Purpose
0785-1-.03 Recognition Criteria for Native American Indian Nations, Tribes, or Bands
0785-1-.04 Recognition Criteria for Native American Indian Organizations
0785-1-.05 Recognition Criteria for Native American Indian Individuals
0785-1-.06 Procedures for Petitioning for Recognition
0785-1-.07 Changes in Membership Rolls
0785-1-.08 Appeals
0785-1-.01 DEFINITIONS.
The following definitions shall apply to these regulations:
(1) "Commission" means the Tennessee Commission of Indian Affairs.
(2) "State" means the state of Tennessee.
(3) "Enrollment" means being recognized as a Native American Indian by the
state of Tennessee.
(4) "Roll" means the official list of recognized Native American individuals in
Tennessee.
(5) "Disabled person" means any person determined to be in need of partial or
full supervision, protection, and assistance by reason of mental illness,
physical illness or injury, advanced age, developmental disability or other
mental or physical incapacity.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.02 PURPOSE.
To establish criteria and procedures to provide for legal recognition by the
state of Tennessee of Native American Indians presently existing in Tennessee.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.03 RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIAN NATIONS, TRIBES, OR BANDS.
(1) The petitioning group has been identified on a substantially continuous
basis as Native American Indians throughout the history of their race; and
(2) A substantial portion of the petitioning group inhabits a particular
geographic area or lives in a community viewed as Native American Indian and
distinct from all other populations in the geographic area, and that its
members are descendants of an Indian tribe which has historically inhabited the
same geographic area; and
(3) The petitioning group has maintained tribal political influence or other
authority over its members, or is able to demonstrate their existence as a
continuous, distinct cultural entity capable of self-regulation, throughout
their history until the present; and
(4) A copy of the group's present governing document is provided and/or a
statement describing in full the membership criteria and the procedures through
which the group governs its affairs and members; and
(5) A list of all known current members of the group and a copy of any
available list of former members, based on the tribe's own defined criteria,
shall be submitted. The membership must consist of individuals who have
established descendency from a tribe that existed historically; and
(6) The membership of the group is composed principally of persons who are not
members of any other North American Indian tribe.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.04 RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIAN ORGANIZATIONS.
(1) The petitioning group shall have as its primary purpose the promotion of
education, economic, or social advancement or self-sufficiency of Native
American Indians, and as a secondary purpose the promotion and preservation of
Native American Indian culture. The charter and by-laws of the organization
must clearly document such purposes; and
(2) The petitioning group shall be legally established, with appropriate
charter, articles of incorporation, by-laws, and/or constitution, in accordance
with state laws, and copies of the above-mentioned documents shall be provided;
and
(3) The petitioning group shall provide a statement describing membership
criteria and a list of all known current members, including identification of
Native American Indian members, based on the group's own defined criteria of
ancestry recognition. A membership ratio must be maintained consisting of a
majority of Native American Indians to non-Indian members; and
(4) The petitioning group shall be controlled by a governing board and
officers, the majority of which are Native American Indians.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.05 RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIAN INDIVIDUALS IN
TENNESSEE.
(1) All applicants must have maintained a permanent residence in Tennessee for
at least six (6) months prior to their date of application.
(2) Individuals may be enrolled with the state by satisfying any of the
following means of documentation:
(a) The applicant has a roll number or certificate of Indian blood from a
federally-recognized tribe; or
(b) The applicant is a direct descendant of an individual previously
recognized as a Native American Indian by the State of Tennessee. The applicant
will be required to provide proof of relationship to the enrolled individual.
(3) All Native American Indians previously recognized by the State of Tennessee
will continue to be recognized and will not have to reapply for recognition.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
Amendment filed October 9, 1991; effective November 23, 1991.
0785-1-.06 PROCEDURES FOR PETITIONING FOR RECOGNITION.
(1) Applications for recognition are available on request from the Tennessee
Commission of Indian Affairs.
(2) Applications for minors and disabled individuals may be filed by the
parent, next of kin, recognized guardian, or other person responsible for the
care of the minor or incompetent individual.
(3) Complete applications and supporting documentation are to be sent to:
Director
Tennessee Commission of Indian Affairs
Department of Environment and Conservation
701 Broadway
Nashville, TN 37243-0435
(4) The Director of the Tennessee Commission of Indian Affairs shall review all
applications and supporting documentation.
(5) If the application and required documentation are complete, the Director
will present the information to the Commission for the Commission to review.
The applicant(s) will be notified in writing of the Commission meeting when the
application will be reviewed.
(6) The Commission will either approve or deny the application. The Commission
may request additional information from the applicant if necessary.
(7) The Commission will notify each applicant in writing of the Commission's
decision.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.07 CHANGES IN MEMBERSHIP ROLLS.
(1) Nations, tribes, or bands recognized pursuant to the rules herein contained
shall notify the Tennessee Commission of Indian Affairs of any changes in
enrollment criteria and subsequent additions or deletions of members.
(2) Organizations recognized pursuant to the rules herein contained shall
submit updated membership rolls on a biennial basis for renewal of recognition
certification.
(3) Upon receipt of a death certificate or other evidence of death acceptable
to the Commission, the name of the deceased person shall be removed from the
roll.
(4) Any recognized individual may terminate his or her enrollment by submitting
written notice to the Director of the Commission.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.08 APPEALS.
(1) Any group or individual whose application for recognition has been denied
may file an appeal to the Commission.
(2) The appeal shall be made in writing and shall be received by the Commission
with thirty (30) days of the date of the Commission meeting when the
application was denied.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
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