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