99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3217

 

Introduced , by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Vinyard Indian Settlement of Shawnee Indians Recognition Act. Provides that the State recognizes the Vinyard Indian Settlement as a tribe of Indians. Provides that the Tribe and each member shall be eligible for any services and benefits provided by the United States and State agencies to Indians that are otherwise available to State-recognized tribes. Contains provisions concerning the membership roll of the Tribe. Contains legislative findings. Defines "member" and "Tribe".


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A BILL FOR

 

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1    AN ACT concerning Shawnee Indians.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Vinyard Indian Settlement of Shawnee Indians Recognition Act of
62015.
 
7    Section 5. Findings. The General Assembly finds that:
8    (1) the Vinyard Indian Settlement of Shawnee Indians have
9lived in southern Illinois since time immemorial and are direct
10lineal descendants of Chief Sedowii's (Setteedown) Band of the
11Kispokofa Shawnee Indians;
12    (2) while many Shawnee Indians were removed to the Oklahoma
13Indian Territory in the 1800s, the members of the Vinyard
14Indian Settlement continued to live in southern Illinois as
15recorded in oral history and as documented, for example, in
16Colonel William M. Cockrum's 1907 "Pioneer History of Indiana,"
17in which he records the Wabash and Ohio River Shawnee community
18areas near Shawneetown, Illinois, 1807-1811;
19    (3) through the present day, the Vinyard Indian Settlement
20continues to live as a distinct, Indian community in southern
21Illinois, holding cultural and community events and
22ceremonies, maintaining a governing body over its members, and
23providing assistance to its members; and

 

 

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1    (4) the State's recognition of the Tribe will improve the
2economic and social opportunities of the Tribe, its members,
3and southern Illinois through the availability of federal
4programs and funding to assist with job creation, education,
5housing, health care, and elder care.
 
6    Section 10. Definitions. As used in this Act:
7    "Member" means an individual who is enrolled in the Tribe
8under Section 25 of this Act.
9    "Tribe" means the Vinyard Indian Settlement of Shawnee
10Indians who are direct lineal descendants of Chief Sedowii's
11(Setteedown) Band of the Kispokofa Shawnee Indians.
 
12    Section 15. Recognition; applicability of State and
13federal laws.
14    (a) The State recognizes the Vinyard Indian Settlement as a
15tribe of Indians.
16    (b) All State and federal laws, including rules and
17regulations, which would be applicable to the Tribe as a
18State-recognized tribe, shall apply to the Tribe and its
19members.
20    (c) This Act does not:
21        (1) create a right of ownership or any other right to
22    land;
23        (2) create a benefit or entitlement of any kind;
24        (3) confer any criminal or civil jurisdictional

 

 

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1    authority to the Tribe;
2        (4) impair existing rights, benefits, or entitlements
3    belonging to the Tribe, its members, or other Indians
4    living in the State; or
5        (5) alter or affect any legal or equitable claim of the
6    Tribe to enforce any right or privilege reserved by, or
7    granted to, the Tribe that was wrongfully denied to, or
8    taken from, the Tribe before the effective date of this
9    Act.
10    (d) The authority to establish standards for membership of
11the Tribe is reserved by the Tribe, as described in Section 25
12of this Act.
13    (e) An act or failure to act by the State under this
14Section does not create a private cause of action under State
15law.
16    (f) This Act does not confer any special rights or benefits
17to the Tribe to conduct gaming activities under the authority
18of any federal law, including the Indian Gaming Regulatory Act,
1925 U.S.C. 2701, et seq. This Act does not affect or impair any
20rights or benefits to conduct gaming activities that are
21available to the Tribe or its members under State law.
 
22    Section 20. Services and benefits.
23    (a) Beginning on the effective date of this Act, the Tribe
24and each member shall be eligible for any services and benefits
25provided by the United States to Indians and by State agencies

 

 

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1that are otherwise available to State-recognized tribes,
2without regard to:
3        (1) the existence of a reservation for the Tribe; or
4        (2) the location of the residence of any member on or
5    near an Indian reservation.
6    (b) For purposes of the delivery of available services and
7benefits to members, the service area of the Tribe shall be
8considered to be the area comprised of the counties of Hardin,
9Pope, Saline, Gallatin, and White in this State.
 
10    Section 25. Membership roll.
11    (a) As a condition of receiving recognition, services, and
12benefits under this Act, the Tribe shall maintain a membership
13roll consisting of the name of each individual enrolled as a
14member of the Tribe.
15    (b) The qualifications for inclusion on the membership roll
16of the Tribe shall be determined in accordance with Article 11
17of the bylaws of the Tribe dated January 24, 2001, or as may be
18amended.
19    (c) For purposes of the delivery of State and federal
20services, the tribal roll in effect on the effective date of
21this Act shall define the service population of the Tribe;
22however, the service population of the Tribe may be modified
23over time as members are added to or withdrawn from the
24membership roll in accordance with Article 11 of the bylaws of
25the Tribe dated January 24, 2001, or as may be amended.