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| To enact sections 185.01, 185.02, 185.021, and 185.03 | 1 |
| to 185.07 of the Revised Code to establish | 2 |
| procedures for the Ohio Civil Rights Commission | 3 |
| to extend state recognition to native American | 4 |
| tribes, native American groups, and native | 5 |
| American special interest groups, and to specify | 6 |
| the rights, duties, and responsibilities of any | 7 |
| native American tribe that the Commission | 8 |
| recognizes and to extend such state recognition to | 9 |
| the Shawnee Nation United Remnant Band. | 10 |
| Section 1. That sections 185.01, 185.02, 185.021, 185.03, | 11 |
| 185.04, 185.05, 185.06, and 185.07 of the Revised Code be enacted | 12 |
| to read as follows: | 13 |
| Sec. 185.01. As used in this chapter: | 14 |
| (A) "Native American tribe" means any native American tribe, | 15 |
| band, nation, or other organized group or community that is | 16 |
| indigenous to the contiguous land area of this state, that has | 17 |
| had a continuous presence inside that contiguous land area, and | 18 |
| that meets the other criteria for recognition contained in | 19 |
| section 185.05 of the Revised Code. | 20 |
| (B) "Native American group" means any native American | 21 |
| aggregated entity that does not claim to be a native American | 22 |
| tribe. | 23 |
| (C) "Native American special interest group" means any native | 24 |
| American aggregated entity that is formed with the intent to | 25 |
| petition, campaign, promote, or otherwise advocate for an issue | 26 |
| or constituency. | 27 |
| Sec. 185.02. (A) The Ohio civil rights commission shall | 28 |
| adopt and may amend and rescind rules that are necessary to | 29 |
| provide for state recognition of native American tribes, native | 30 |
| American groups, or native American special interest groups. | 31 |
| (B) The commission shall confer state recognition on a native | 32 |
| American tribe in accordance with the criteria for recognition | 33 |
| contained in section 185.05 of the Revised Code. | 34 |
| Sec. 185.021. This state confers state recognition upon the | 35 |
| Shawnee nation united remnant band based on the findings stated in | 36 |
| Am. Sub. H.J.R. 8 of the 113th general assembly. | 37 |
| Sec. 185.03. A native American tribe having state recognition | 38 |
| may carry out any acts or business in this state that native | 39 |
| American tribes are authorized to carry out by the laws of this | 40 |
| state or the United States. But state recognition as a native | 41 |
| American tribe under this chapter is not recognition of that | 42 |
| tribe for purposes of the "Indian Gaming Regulatory Act," 102. | 43 |
| Stat. 2472 (1988), 25 U.S.C. 2701 to 2721. | 44 |
| Sec. 185.04. (A) A petitioner seeking state recognition | 45 |
| under division (B) of section 185.02 of the Revised Code as a | 46 |
| native American tribe shall submit to the Ohio civil rights | 47 |
| commission a petition that contains both of the following: | 48 |
| (1) A certification, signed and dated by members of the | 49 |
| petitioner's governing body, stating that the petition is the | 50 |
| petitioner's official petition for recognition; and | 51 |
| (2) A statement, signed and dated by members of the | 52 |
| petitioner's governing body, stating that the petitioner has met | 53 |
| all of the criteria for recognition contained in section 185.05 of | 54 |
| the Revised Code. | 55 |
| (B) The commission shall examine a petition submitted to it | 56 |
| and determine whether the petitioner meets the criteria for | 57 |
| recognition contained in section 185.05 of the Revised Code. The | 58 |
| commission shall appoint a traditional native American council | 59 |
| each time the commission is required to make such a determination. | 60 |
| The council shall advise the commission in making the | 61 |
| determination. The council shall consist of five members and two | 62 |
| alternate members. A quorum of the council is three members. | 63 |
| (1) The commission shall deny recognition if the petition | 64 |
| does not meet, or if there is insufficient evidence that the | 65 |
| petition meets, one or more of the criteria for recognition | 66 |
| contained in section 185.05 of the Revised Code. A criterion is | 67 |
| met if the petitioner provides explanations and supporting | 68 |
| documentation that establish a reasonable likelihood of the | 69 |
| validity of the facts relating to that criterion. | 70 |
| (2) The commission shall consider historical situations and | 71 |
| time periods for which evidence is demonstrably limited or | 72 |
| unavailable, and fluctuations in tribal activity and the | 73 |
| limitations of evidence that may result from those fluctuations. | 74 |
| (C) The commission shall approve or disapprove a petition | 75 |
| submitted under this section within fifteen months after the | 76 |
| commission receives it. The petitioner may appeal the commission's | 77 |
| disapproval of the petition to the court of common pleas under | 78 |
| section 2505.03 of the Revised Code not later than sixty days | 79 |
| after the date of the disapproval. | 80 |
| Sec. 185.05. The Ohio civil rights commission shall use the | 81 |
| following criteria in determining whether to recognize a | 82 |
| petitioner as a native American tribe under section 185.04 of the | 83 |
| Revised Code: | 84 |
| (A) The petitioner has been identified as a native American | 85 |
| tribe on a substantially continuing basis in this state since | 86 |
| 1900. Evidence that an entity's status as a native American tribe | 87 |
| has been denied periodically by those outside the tribe is not | 88 |
| conclusive evidence that the tribe has not met this criterion. | 89 |
| Evidence such as the following tends to show that this criterion | 90 |
| has been met: | 91 |
| (1) Identification as a native American tribe by federal | 92 |
| authorities. | 93 |
| (2) Relationships with state agencies or political | 94 |
| subdivisions of this state based on identification of the group as | 95 |
| a native American tribe. | 96 |
| (3) Historical and academic recognition of the petitioner as | 97 |
| a native American tribe by anthropologists, historians, and other | 98 |
| academic scholars. | 99 |
| (4) Identification as a native American tribe in newspapers | 100 |
| and books and by other state or federally recognized tribes, | 101 |
| native American nations, interest groups, or populations. | 102 |
| (5) Identification of traditional tribal real property | 103 |
| possessions both before and after 1900. | 104 |
| (6) Identification of historical figures as being tribal | 105 |
| members. | 106 |
| (B) The petitioner has existed as a distinct community from | 107 |
| historical times through the present. Evidence of the following | 108 |
| tends to show that this criterion has been met: | 109 |
| (1) Significant marriage rates within the community or | 110 |
| arranged relationships with other native American tribes, bands, | 111 |
| or groups. | 112 |
| (2) The descent of a majority of individuals within the | 113 |
| community from individuals recognized as members of a native | 114 |
| American group, band, or tribe that is indigenous to the | 115 |
| contiguous land area of this state. | 116 |
| (3) Significant rates of broad, informal social interaction | 117 |
| within the community. | 118 |
| (4) A significant degree of shared labor or economic activity | 119 |
| within the community. | 120 |
| (5) Patterns of discrimination against the community by | 121 |
| nonmembers. | 122 |
| (6) Shared secular or religious activity within the | 123 |
| community, specifically with respect to ceremonies and rituals. | 124 |
| (7) Language that is used by members of the community but | 125 |
| that is not in widespread use by nonmembers. | 126 |
| (8) Cultural patterns or activities that are shared by | 127 |
| members of the community but that are not in widespread use among | 128 |
| nonmembers. | 129 |
| (9) The persistence of a named, collective native American | 130 |
| identity by the community over an extended period of time. | 131 |
| (10) A demonstrated historical political influence by the | 132 |
| community within this state. | 133 |
| (11) High rates of marriage within members of the community. | 134 |
| (C) The petitioner has maintained political influence or | 135 |
| authority over its members as an autonomous entity from historical | 136 |
| times to the present. Evidence such as the following tends to show | 137 |
| that this criterion has been met: | 138 |
| (1) Members consider issues acted upon or taken by leaders or | 139 |
| governing bodies of the petitioner to be of high importance. | 140 |
| (2) Members widely acknowledge the political process. | 141 |
| (3) Members have high rates of involvement within the | 142 |
| petitioner's political process. | 143 |
| (4) The petitioner's governmental body has had a long-term | 144 |
| role in the mediation of conflicts, allocation of resources, and | 145 |
| guidance of social interactions. | 146 |
| (D) The petitioner has a current governing document that | 147 |
| describes membership criteria, and has an official membership list | 148 |
| that includes each member's name, including maiden name, date of | 149 |
| birth, and current address. | 150 |
| (E) The petitioner's membership consists of individuals who | 151 |
| descend from an historical native American tribe that is | 152 |
| indigenous to the contiguous land area of this state and has | 153 |
| functioned as an autonomous political entity. Evidence such as | 154 |
| the following tends to show that this criterion has been met: | 155 |
| (1) Rolls prepared by a secretary, genealogist, or historian | 156 |
| that are used to distribute claims money and other financial | 157 |
| allotments. | 158 |
| (2) Federal, state, or local antiquated documents; church, | 159 |
| school, and other similar enrollment records; and affidavits of | 160 |
| recognition by tribal elders, leaders, or the governing body that | 161 |
| identify present members, or their ancestors, as being descendants | 162 |
| of an historical tribe that was indigenous to the contiguous land | 163 |
| area of this state. | 164 |
| (3) Recognition of individuals and families, or their | 165 |
| ancestors, in oral history as being descendants of an historical | 166 |
| tribe that was indigenous to the contiguous land area of this | 167 |
| state. | 168 |
| (F) The petitioner's membership is comprised primarily of | 169 |
| persons who are not members of any other federally or state | 170 |
| acknowledged native American tribe. | 171 |
| Sec. 185.06. Native American groups and native American | 172 |
| special interest groups are authorized to form, fund, and operate | 173 |
| political action committees as defined in section 3517.01 of the | 174 |
| Revised Code and are subject to rules adopted by the secretary of | 175 |
| state to regulate political action committees. | 176 |
| Sec. 185.07. Chapter 185. of the Revised Code is "The State | 177 |
| Recognition of Native American Tribes Act." | 178 |