2023 Regular Session ENROLLED
SENATE RESOLUTION NO. 161
BY SENATOR CLOUD
A RESOLUTION
To reestablish 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
state tribal status; and
WHEREAS, denial of those groups seeking state recognition was largely due to the
lack of formal state recognition criteria; and
WHEREAS, during the 2022 Regular Session of the Louisiana Legislature, the
Senate adopted Senate Resolution No. 198 creating the Task Force on State Recognition of
Indian Tribes; and
WHEREAS, the task force met several times but was unable to finish its business.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby reestablish and provide for 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, 2024.
BE IT FURTHER RESOLVED that the task force should include consideration 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
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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
August 1, 2023.
BE IT FURTHER RESOLVED the task force shall convene for its first meeting no
later than September 15, 2023, at the call of the 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 members.
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 legislative staff for the Senate Committee
on Judiciary B and the governor's office of Indian Affairs shall provide staff support for 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, 2024, whichever occurs first.
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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, the director
of the governor's office of Indian Affairs, the chair of the Native American Commission, and
the attorney general.
PRESIDENT OF THE SENATE
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