SLS 22RS-3985 ORIGINAL
2022 Regular Session
SENATE RESOLUTION NO. 198
BY SENATOR CLOUD
INDIAN AFFAIRS. Creates the Task Force on State Recognition of Indian Tribes.
1 A RESOLUTION
2 To establish the Task Force on State Recognition of Indian Tribes to develop and make
3 recommendations on formal state recognition criteria.
4 WHEREAS, in United States v. Sandoval, 231 U.S. 28 (1913), the United States
5 Supreme Court concluded that recognizing a group as a "tribe" without properly vetting its
6 claims to tribal status may violate the United States Constitution; and
7 WHEREAS, several groups have recently sought state recognition of their claims for
8 tribal status; and
9 WHEREAS, denial of those groups seeking state recognition was largely due to the
10 lack of formal state recognition criteria.
11 THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
12 does hereby establish the Task Force on State Recognition of Indian Tribes to develop
13 criteria to use in properly vetting these applications and to propose recommendations,
14 together with specific proposals for legislation, by written report to the Louisiana Senate and
15 to the David R. Poynter Legislative Research Library as required by R.S. 24:771 and 772,
16 no later than March 1, 2023.
17 BE IT FURTHER RESOLVED that the task force should include a study of the
18 seven criteria used by the federal government for consideration of groups seeking federal
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1 recognition as an Indian tribe when developing a formal process for state recognition.
2 BE IT FURTHER RESOLVED that the task force shall consist of the following
3 members:
4 (1) Two members of the Senate appointed by the president.
5 (2) The chair of the Senate Committee on Judiciary B or his designee who is a
6 member of the committee.
7 (3) The governor's director of Indian Affairs or his designee.
8 (4) The attorney general or his designee.
9 BE IT FURTHER RESOLVED that each designating authority shall submit the
10 names of designees to the task force to the president of the Senate no later than
11 September 1, 2022.
12 BE IT FURTHER RESOLVED that the task force shall convene for its first meeting
13 no later than October 1, 2022, at the call of chair of the Senate Committee on Judiciary B,
14 and at the first meeting, the members shall elect a chairman and other officers as the task
15 force may deem appropriate.
16 BE IT FURTHER RESOLVED that in conducting this study, the task force will seek
17 input and advice from the following:
18 (1) Indian tribes currently recognized by the federal government.
19 (2) Indian tribes currently recognized by the state.
20 (3) The governor's office of Indian Affairs.
21 (4) The United States Department of the Interior, Bureau of Indian Affairs.
22 (5) The Native American Commission created by R.S. 46:2305.
23 (6) Any person knowledgeable in American Indian law.
24 (7) Any person or group currently seeking state recognition of tribal status.
25 BE IT FURTHER RESOLVED that a majority of the task force shall constitute a
26 quorum for the transaction of business and all official actions of the task force shall require
27 the affirmative vote of a majority of the quorum present and voting.
28 BE IT FURTHER RESOLVED that the members of the task force shall serve
29 without compensation, except per diem or expenses reimbursement to which they may be
30 individually entitled as members of their constituent organizations.
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1 BE IT FURTHER RESOLVED that the Senate Committee on Judiciary B shall
2 provide staff support to the task force.
3 BE IT FURTHER RESOLVED that the task force shall terminate on the date of the
4 submission of its report or March 1, 2023, whichever occurs first.
5 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
6 assistant secretary of Indian Affairs, United States Department of the Interior, director of the
7 governor's office of Indian Affairs, chair of the Native American Commission, and the
8 attorney general.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
SR 198 Original 2022 Regular Session Cloud
Established the Task Force on State Recognition of Indian Tribes.
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