Here. Thanks to E.O. for this.
And here is the proposed language:
Chapter 31.6. State Tribe Recognition
Sec. 1. As used in this chapter, “state tribe” means a Native American Indian tribe that is indigenous to Indiana and is granted state recognition by section 5 of this chapter.
Sec. 2. (a) This chapter does not confer, reduce, or affect in any manner any law, rule, or ordinance concerning a state tribe or the state tribe’s enrolled members.
(b) This chapter does not confer upon a state tribe the right or authority to do the following:
(1) Allow negotiations between a state tribe and the state or federal government concerning tribal sovereignty.
(2) Allow gaming on tribal land.
Sec. 3. A state tribe and the state tribe’s enrolled members are not entitled to any special state rights or benefits unless the right or benefit is specifically conferred to the state tribe by statute.
Sec. 4. The citizenship criteria to determine the membership for each state tribe shall be determined solely by the governing body of the tribe.
Sec. 5. The Miami Nation of Indiana is recognized as a state tribe.
Ok, this may be a goofy question, but how can the state prohibit the tribe from “negotiating” with the federal government, for example, by petitioning for federal acknowledgment? And, assuming the tribe doesn’t have to “agree” to this bill, what penalty can the state impose if the tribe does indeed negotiate with the federal government? What am I missing?
Thanks for any light you can shed.
I read it this way. The bill wouldn’t confer a right, but the tribe would already have a right to talk to Interior on anything. There seems to be an effort to make state recognition exclusive of federal recognition, perhaps for gaming reasons, but the language itself won’t accomplish that purpose. The penalty, I suppose, would be another law revoking state recognition. All in all, an ugly provision, but relatively toothless.