Historic Site Preservation
Tennessee Commission of Indian Affairs Statute
Tennessee Code Annotated
Title 4 - CHAPTER
34
COMMISSION OF INDIAN AFFAIRS
4-34-101. Creation -
Administration.
(a) There is hereby created and established the Tennessee commission of
Indian affairs.
(b) The commission shall be administered under the direction and
supervision of the department of environment and conservation. [Acts
1983, ch. 425, § 1; 1986, ch. 678, § 1.]
4-34-102.
Purposes.
The purposes of the commission are to:
(1) Deal fairly and effectively with Indian affairs;
(2) Bring local, state and federal resources into focus for the implementation
or continuation of meaningful programs for Indian citizens of the state of
Tennessee;
(3) Provide aid and protection for Indians as needs are demonstrated;
(4) Prevent undue hardships;
(5) Assist Indian communities in social and economic development; and
(6) Promote recognition of, and the right of Indians to pursue, cultural and
religious traditions considered by them to be sacred and meaningful to Native
Americans. [Acts 1983, ch. 425, §
2.]
4-34-103. Powers and duties.
It is the duty of the commission to:
(1) Study, consider, accumulate, compile, assemble and disseminate information
on any aspect of Indian affairs;
(2) Investigate relief needs of Indians of Tennessee and to provide technical
assistance in the preparation of plans for the alleviation of such needs;
(3) Confer with appropriate officials of local, state and federal governments
and agencies of these governments, and with such congressional committees that
may be concerned with Indian affairs;
(4) Encourage and implement coordination of applicable resources to meet the
needs of Indians in Tennessee;
(5) Cooperate with and secure the assistance of the local, state and federal
governments or any agencies thereof in formulating any such programs;
(6) Coordinate such programs with any programs regarding Indian affairs adopted
or planned by the federal government to the end that the commission secure the
full benefit of such programs;
(7) Review all proposed or pending state legislation and amendments to existing
state legislation affecting Indians in Tennessee;
(8) Conduct public hearings on matters relating to Indian affairs and to
subpoena any information or documents deemed necessary by the commission;
(9) Study the existing status of recognition of all Indian groups, tribes and
communities presently existing in the state of Tennessee; and
(10) Establish appropriate procedures to provide for legal recognition by the
state of presently unrecognized groups and to provide for official state
recognition by the commission of such groups.[Acts
1983, ch. 425, § 3.]
4-34-104. Members.
(a) The Tennessee commission of Indian affairs shall consist of five (5)
members appointed by the governor, at least three (3) of whom shall be persons
of not less than twenty-five percent (25%) Native American lineage.
(b) Members shall serve for three-year terms, except in the first
appointments the Indian members shall be appointed for terms of one (1), two
(2), or three (3) years each and the non-Indian members shall be appointed for
two (2) or three (3) years each.
(c) Any member appointed to fill a vacancy shall be appointed for the
remainder of the term of the member causing the vacancy.
(d) The governor shall appoint a chair of the commission, subject to
ratification by the full commission.
(e) Commission members shall be compensated in accordance with the
comprehensive state travel regulations as promulgated by the commissioner of
finance and administration and approved by the attorney general and reporter. [Acts
1983, ch. 425, § 4; 1984, ch. 825, § 1.]
4-34-105. Meetings.
(a) The commission shall meet quarterly and at any such time that it
deems necessary.
(b) Meetings may be called by the chair or by a petition signed by a
majority of the members of the commission.
(c) Ten (10) days' notice shall be given in writing to such members prior
to the meeting date.
(d) A simple majority of the Indian members of the commission must be
present to constitute a quorum.
(e) Proxy voting will not be permitted. [Acts
1983, ch. 425, § 5.]
4-34-106. Annual report.
(a) The commission shall prepare a written annual report giving an account
of its proceedings, transactions, findings and recommendations.
(b) This report shall be submitted to the governor and the general
assembly.
(c) The report will become a matter of public record and will be
maintained in the state archives. It may also be furnished to such other persons
or agencies as the commission may deem proper. [Acts
1983, ch. 425, § 6.]
4-34-107. Fiscal records - Audit.
(a) Fiscal records shall be kept by the commissioner of environment and
conservation and will be subject to audit as authorized by §
8-4-109 or a licensed public accountant.
(b) The audit report will become a part of the annual report and will be
submitted in accordance with the regulations governing preparation and
submission of the annual report. [Acts
1983, ch. 425, § 7; 1986, ch. 678, § 1.]
4-34-108. Executive director and
staff.
(a) The commission may, subject to legislative or other funds that would
accrue to the commission, employ an executive director to carry out the
day-to-day responsibilities and business of the commission.
(b) The executive director, also subject to legislative or other funds
that would accrue to the commission, may hire additional staff and consultants
to assist in the discharge of the executive director's responsibilities, as
determined by the commission.
(c) The executive director shall not be a member of the commission, and
shall be of Indian descent. [Acts 1983, ch.
425, § 8.]
Tennessee State Preservation Laws
Historic & Sacred Site Preservation