Tennessee Code AnnotatedCHAPTER 34COMMISSION OF INDIAN AFFAIRSPart 1General Provisions.4-34-101. Creation - Administration.4-34-102. Purposes.4-34-103. Powers and duties.4-34-104. Members.4-34-105. Meetings.4-34-106. Litigation.4-34-107. Fiscal records - Audit.4-34-108. Chair.4-34-109. 4-34-110. 4-34-111. Part 2Native American Indian Rights.4-34-201. Inclusion of "Native American Indian" as racial or ethnic origin.4-34-202. Eligibility for minority-based benefits.-------------------------------------------------------------------------------- 4-34-101. Creation - Administration.(a)  There is hereby created and established the Tennessee commission ofIndian affairs.(b)  The commission shall be attached to the department of environment andconservation for administrative purposes only.[Acts 2003, ch. 344, § 2.] 4-34-102. Purposes.The purposes of the commission are to:(1) Deal fairly and effectively with Indian affairs;(2) Research and find local, state and federal resources of funding andother assistance for the implementation or continuation of meaningfulprograms for Indian citizens of the state;(3) Provide aid and protection for Indians as needs are demonstrated;(4) Prevent undue hardships;(5) Assist Indian communities in social and economic development;(6) Promote recognition of, and the right of Indians to pursue culturaland religious traditions considered by them to be sacred and meaningful toNative Americans; and(7) Communicate with Tennessee's Indian communities and solicitcommunications from such Indian communities.[Acts 2003, ch. 344, § 3.] 4-34-103. Powers and duties.It is the duty of the commission to:(1) Study, consider, accumulate, compile, assemble and disseminateinformation on any aspect of Indian affairs;(2) Investigate relief needs of Indians of Tennessee and to providetechnical assistance in the preparation of plans for the alleviation ofsuch needs;(3) Confer with appropriate officials of local, state and federalgovernments and agencies of these governments, and with such congressionalcommissions that may be concerned with Indian affairs;(4) Encourage and implement coordination of applicable resources to meetthe needs of Indians in Tennessee;(5) Study the existing status of recognition of all Indian groups, tribesand communities presently existing in Tennessee;(6) Establish appropriate procedures to provide for legal recognition bythe state of presently unrecognized tribes, nations, groups, communitiesor individuals, and to provide for official state recognition by thecommission of such;(7) Cooperate with and secure the assistance of the local, state andfederal governments or any agencies thereof in formulating any programsthat the commission finds necessary or beneficial to Indians in Tennessee;(8) Coordinate any programs regarding Indian affairs adopted or planned bythe federal government to the end that the commission secure the fullbenefit of such programs;(9) Review and comment on all proposed or pending state legislation andamendments to existing state legislation directly affecting Indians inTennessee; and(10) Conduct public hearings on matters relating to Indian affairs and tosubpoena any information or documents deemed necessary by the commission.[Acts 2003, ch. 344, § 4.] 4-34-104. Members. (a)  The Tennessee commission of Indian affairs shall consist of at leastseven (7) members as follows:   (1) One (1) member from each of the four (4) metropolitan areas: Shelby,   Davidson, Knox and Hamilton, and counties contiguous thereto;   (2) One (1) member from each of the three (3) grand divisions of the   state; and   (3) One (1) member from each Native American Indian nation or tribe   located within Tennessee, and recognized by the state per recognition   guidelines established by the commission.(b) (1)  The Tennessee Native American convention shall submit a list ofnot less than two (2) names for each position on the commission to beappointed.   (2) Accompanying each nominee's name submitted shall be a resume,   including the nominee's educational background, work history, heritage,   description of why the nominee would be a suitable commissioner and the   democratic process and results that led to the nomination.   (3) Preference in selection of at least five (5) Indian commissioners   shall be given to Native American Indians, i.e., persons having origins in   any of the original peoples of North America, and who maintain cultural   identification through tribal affiliation or community recognition.   (4) Each member of the commission of Indian affairs shall be a resident of   Tennessee.(c)  From the names submitted by the Tennessee Native American convention,the speaker of the senate shall appoint two (2) commissioners from two (2)areas, the speaker of the house shall appoint two (2) commissioners fromtwo (2) areas and the governor shall appoint three (3) commissioners fromthree (3) areas. The governor shall appoint no more than two (2)commissioners from metropolitan areas, and each speaker shall appoint nomore than one (1) member from metropolitan areas.(d)  If the speaker of the house does not make the appointments withinninety (90) calendar days, the appointments shall be made by the speakerof the senate. If the speaker of the senate does not make the appointmentswithin ninety (90) calendar days, the appointments shall be made by thegovernor. If the governor does not make the appointments within ninety(90) calendar days, the appointments shall be made by the speaker of thehouse.(e)  Commissioners shall serve for four-year terms and shall continue inoffice until the expiration of their terms for which they wererespectively appointed and until such time as their successors areappointed.(f)  Commissioners shall be at least eighteen (18) years of age upon theirappointment and shall have been residents of Tennessee for at least one(1) year.(g)  To stagger the terms of the commission members, the speakers shall   make the initial appointments from the list of nominees in the following   manner:   (1) The initial terms of commissioners from the three (3) grand divisions   shall end on October 30, 2003; and   (2) The initial terms of the commissioners from the four (4) metropolitan   areas shall end on October 30, 2005.(h)  Any member appointed to fill a vacancy shall be appointed for theremainder of the term of the member causing the vacancy. The appointingauthority of the vacancy shall rotate among the appointing authorities.(i)  The members of the commission shall elect a chair, a vice chair and asecretary from among its members. Officers shall serve terms of two (2)years.(j)  Commission members shall serve without compensation.[Acts 2003, ch. 344, § 5.] 4-34-105. Meetings.(a)  Commission meetings shall be held at least quarterly.(b)  Commission meetings shall be held on Saturdays. The locations ofcommission meetings shall rotate among the cities of Memphis, Nashville,Chattanooga and Knoxville.(c)  Prior to a commission meeting, at least ten (10) days' notice shallbe given in writing to all Native American organizations in Tennessee thathave requested such notification. Notice shall be given by mail and bye-mail, if available. The commission shall also place notice of itsmeeting times and places on the website of the Tennessee commission ofIndian affairs.(d)  The minutes of all commission meetings shall be placed on the websiteof the Tennessee commission of Indian affairs within one hundred (100)days of the meeting. Minutes of all prior commission meetings shall beaccessible on the commission's website.(e) (1)  Annual reports of the commission shall be approved within   forty-five (45) days of their submission to the commission.   (2) Annual reports of the commission shall be placed on the website of the   Tennessee commission of Indian affairs for public access within forty-five   (45) days of their approval.   (3) All prior annual reports shall be accessible on the commission's website.(f)  Four (4) commissioners shall constitute a quorum for the conductingof business of the commission.(g)  Agendas for commission meetings shall be delivered to each member ofthe commission at least one (1) week prior to the commission meeting.(h)  Minutes of all commission meetings shall be mailed or e-mailed to allcommission members.(i)  Robert's Rules of Order shall govern meetings of the commission whennot in conflict with specific bylaws or other rules as may be adopted bythe board.(j)  Members of the commission are to serve without compensation and shallnot be reimbursed for travel expenses.(k)  The commission is authorized to raise and expend funds for thepurpose of carrying out the mission of the commission, however, thecommission is to operate without dependence on state appropriations.(l) (1)  Commission meetings shall not be adjourned until members of the   public attending such meeting have had an opportunity to address the   commission.   (2) A summary of comments made by members of the public attending such   meetings shall be entered into the minutes of the commission.(m)  The chairperson shall appoint three (3) members of the commission toestablish a rules commission. The rules commission shall developprocedural and operating rules for the commission. The commission shallapprove of all proposed rules by a majority vote before such rules takeeffect.[Acts 2003, ch. 344, § 6.] 4-34-106. Litigation.No member or employee of the Tennessee commission of Indian affairs shall,in such person's capacity as a member or employee of the commission, enterinto any litigation without the approval of the commission by a majorityvote of the commission. Such approval shall be part of the minutes of themeeting in which such approval is granted. Nothing in this part shallprohibit a member or employee of the commission from entering into anylitigation in such person's individual capacity.[Acts 2003, ch. 344, § 7.] 4-34-107. Fiscal records - Audit.(a)  Fiscal records shall be kept by the commissioner of environment andconservation and will be subject to audit as authorized by § 8-4-109 or acertified public accountant.(b)  The audit report will become a part of the annual report and will besubmitted in accordance with the regulations governing preparation andsubmission of the annual report.[Acts 2003, ch. 344, § 8.] 4-34-108. Chair.The chair of the commission shall carry out the day-to-dayresponsibilities of the commission. The chair of the commission is toserve without compensation and shall not be reimbursed for travelexpenses.[Acts 2003, ch. 344, § 9.] 4-34-109. (a) All programs and data administered by the Tennessee commission of Indian affairs prior to the effective date of this act shall be transferred to andadministered by the Tennessee commission of Indian affairs created by this act.(b) All offices, equipment, supplies, property, facilities, funds and otherresources of any program under the Tennessee commission of Indian affairsshall be transferred to the Tennessee commission of Indian affairs created bythis act.(c) (1) All contracts and leases entered into by the past Tennessee   commission of Indian affairs with any entity, corporation, agency,   enterprise, association or person, prior to the effective date of this act,   shall continue in full force and effect as to all provisions in accordance   with the terms and conditions of such contracts or leases in existence on   the effective date of this act, to the same extent as if such contracts or   leases had originally been entered into by and between such entity,   corporation, agency, enterprise, association or person and the    Tennessee commission of Indian affairs created by this act, unless and   until such contracts or leases expire or are duly amended, modified or   terminated by the parties thereto.   (2) The provisions of subdivision (c)(1) shall not be implemented   in any manner that violates the prohibition against the impairment of   contract obligations as contained in the Constitution of Tennessee,   Article I, § 20.   (3) All rules, regulations, policies, orders and decisions   promulgated or issued by the Tennessee commission of Indian affairs   prior to, and in effect on the effective date of this act shall remain in    force and effect and shall be administered and enforced by the Tennessee   commission of Indian affairs created by this act until duly amended,   repealed, expired, modified or superseded.   (4) On the effective date of this act, all references to the existing   Tennessee commission of Indian affairs contained in any forms, legal   documents, notices and papers of any kind in the possession of or   issued by the existing Tennessee commission of Indian affairs shall be   deemed references to the Tennessee commission of Indian affairs   created by this act, and any actions thereon may be brought or   maintained in the name of the Tennessee commission of Indian affairs   created by this act as the successor in interest and shall receive the   same force and effect as if brought in the name of the predecessor   commission.(e) The transfer of the functions and activities of the past Tennesseecommission of Indian affairs to the Tennessee commission of Indian affairs created by this act shall not, because of the transfer, result in any impairment, interruption or diminution of the regulatory rights andprivileges of the Tennessee commission of Indian affairs.[Acts 2003, ch. 344, § 11.] 4-34-110. On and after the effective date of this act, the Tennessee commission of Indian affairs created by this act has the authority to receive, administer, allocate, disburse and supervise any grants and funds from whatever sources, including, but not limited to, the federal, state, county and municipal governments on a state, regional, county or any other basis, with respect to any programs or responsibilities outlined in this part or assigned to the commission by law, regulation or order.[Acts 2003, ch. 344, § 12.] 4-34-111.  The Tennessee commission of Indian affairs created by this act has the authority, consistent with the statutes and regulations pertaining to the programs and functions transferred herein, to modify or rescind orders, rules and regulations, decisions or policies heretofore issued and to adopt, issue or promulgate new orders, rules and regulations, decisions or policies as may be necessary for the administration of the programs or functions herein transferred.[Acts 2003, ch. 344, § 13.]-------------------------------------------------------------------------------- PART 2NATIVE AMERICAN INDIAN RIGHTS4-34-201. Inclusion of "Native American Indian" as racial or ethnic origin.(a)  Notwithstanding any provision of law to the contrary, a state orlocal governmental entity requiring or requesting a person to divulgeracial or ethnic origin on an employment form, education application, orother such document shall contain a space, box, or blank clearlydesignated "Native American Indian."(b)  This section may not be construed to require a governmental entity torevise the forms in the manner required by this section before exhaustingits supply of forms on hand on January 1, 1995.[Acts 1994, ch. 971, § 1.] 4-34-202. Eligibility for minority-based benefits.Notwithstanding any other provision of law to the contrary, a NativeAmerican or an African-American is eligible to receive scholarships,grants or any other benefit afforded to minorities from the University ofTennessee system, the board of regents system, or any Tennessee schoolsystem.  As used in this section, "Native American" means an individualrecognized as Native American by a federally recognized tribe or a state.[Acts 1994, ch. 972, § 1.]----------------------------------------------------------11-6-116. Excavation of areas containing Native American Indian humanremains - On-site representatives - Notice of intent to remove remains.(a)  When a burial ground or other area containing human remains of NativeAmerican Indians is excavated, representatives of Native American Indiansshall have a right to be present on the site at all times excavation ortreatment of such remains is taking place.(b)  The department shall promulgate regulations governing applicationprocedures for and the number of representatives to be present on sites.(c)  Any person engaged in work involving the removal of Native AmericanIndian human remains must notify the state archaeologist in writing atleast ten (10) days prior to the time a petition is filed under theprovisions of title 46, chapter 4. Within two (2) business days ofreceiving such notice, the state archaeologist shall forward such noticeto the Native American members of the archaeological advisory council andthe chair of the Tennessee commission of Indian affairs.[Acts 1990, ch. 852, § 11; 1999, ch. 509, § 1.]11-6-117. Display of Native American Indian human remains.There shall be no public exhibition or display of Native American Indianhuman remains, except as evidence in a judicial proceeding.[Acts 1990, ch. 852, § 11.]----------------------------------------------------------15-2-106. American Indian Day.(a)  The fourth Monday in September of each year is to be especiallyobserved in Tennessee as "American Indian Day," and that on this dayschools, clubs, and civic and religious organizations are encouraged torecognize the contributions of American Indians with suitable ceremony andfellowship designed to promote greater understanding and brotherhoodbetween American Indians and the non-Indian people of the state ofTennessee.(b)  The governor shall, prior to the fourth Monday in September of eachyear, issue a proclamation inviting and urging the people of the state toobserve American Indian Day with suitable ceremony and fellowship.(c)  The department of education and the commission of Indian affairsshall make, within the limits of funds available for such purpose,information available to all people of this state regarding AmericanIndian Day and the observance thereof.[Acts 1994, ch. 606, § 1.]----------------------------------------------------------68-24-701. Evaluation of need.Acting in consultation with the Tennessee commission of Indian affairs,the commissioner of health shall appoint an individual who shall serve ashead of a volunteer community network to evaluate the needs of NativeAmericans and their families for effective alcohol and drug treatment intwo (2) communities designated by the commissioner. In selecting thosecommunities, the commissioner shall give priority to those locations whichwould provide accessibility to the greatest number of Native Americanfamilies residing in Tennessee. In implementing this study program, to themaximum extent reasonably feasible, the commissioner shall strive toassure that Native Americans actually participate in the evaluation ofneeds and in the recommendations which are made for providing thedesignated services to Native Americans. As part of the evaluation, studyshall be made of funding sources, both governmental and private, which maybe available for the provision of alcohol and drug services to NativeAmericans.[Acts 1995, ch. 431, § 1.]68-24-702. Report of needs.Acting in consultation with the Tennessee commission of Indian affairs,the commissioner of health shall quantify and evaluate the recommendationsmade as the result of the evaluation of needs. On or before January 1,1996, the commissioner shall report findings and recommendationsconcerning the needs of Native Americans for the alcohol and drugservices. The report shall be submitted to the governor, to the generalwelfare, health and human resources committee of the senate and to thehealth and human resources committee of the house of representatives.[Acts 1995, ch. 431, § 1.]----------------------------------------------------------4-29-226. Governmental entities terminated on June 30, 2005.(a)  The following governmental entities shall terminate on June 30, 2005:   ...   (19) Board of veterinary medical examiners, created by ??? 63-12-104;   (20) Collection service board, created by ??? 62-20-104;   (21) Commission of Indian affairs, created by ??? 4-34-101;   (22) Committee for clinical perfusionists, created by ??? 63-28-112;   (23) Council of certified professional midwifery, created by ??? 63-29-103;   (24) Council for hearing instrument specialists, created by ??? 63-17-202;   (25) Department of economic and community development, created by ??? 4-3-101;   (26) Department of environment and conservation, created by ??? 4-3-101;   (27) Department of personnel, created by ??? 4-3-101;   (28) Department of transportation, created by ??? 4-3-101;    ...(b)  Each department, commission, board, agency or council of stategovernment created during calendar year 2004 shall terminate on June 30,2006.(c)  Any governmental entity which has been terminated under this sectionmay be continued, reestablished, or restructured in accordance with thischapter.[Acts ... 2003, ch. 344, § 10; 2003, ch. 345, § 1; 2003, ch. 346, § 1;2003, ch. 348, § 2; 2003, ch. 350, § 7; 2003, ch. 394, § 2; 2003, ch. 399,§ 2.]--------------------------------------------------------------------------------