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State of New Jersey December 17, 2007New Jersey Committee on Native American Community AffairsREPORT TO GOVERNOR JON S. CORZINE Christine Grant Mariko Lockhart Co-ChairsAutumn Wind ScottW. Cary EdwardsHenry ColemanMembers Nina Mitchell Wells, Secretary of State, Ex OfficioLewis Pierce, Ex OfficioMegan Cordoma, StaffTo review full report:http://www.state.nj.us/state/diversity/american_indian/images/Native%20American%20Committee%20Report.pdfThe following are PAGES 72 – 80III. FINDINGS AND RECOMMENDATIONSAffirmation of state recognition of the three tribal groupsFINDINGSThe Committee has determined that the 1980 and 1982 concurrent legislativeresolutions did recognize the three New Jersey American Indian tribes: theRamapough Lenape Indians, the Nanticoke Lenni-Lenape and the Powhatan Renape.These legislative resolutions recognized the existence of the tribes in New Jerseyand affirmed the tribal peoples continued existence, their heritage and rich

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cultural contribution to New Jersey. These resolutions in no way were claimed tocreate rights or potential rights to conduct gaming.To its disappointment, the Committee’s research concluded that New Jersey lagsbehind, rather than leads, the many other states that have enacted State-onlyrecognition for their tribes. The Committee’s research concluded that State-onlyrecognition can be crafted to be largely independent of any association with theprocess of Federal recognition. State-only recognition can create enumeratedbenefits and limitations, and criteria for any additional tribal people who mayrequest state recognition. State recognition can include language that disavowsgaming privileges.Moreover, communications to federal agencies during subsequent administrationshave created ambiguity and federal agency uncertainty about the current Statepolicy towards the three tribes. The 1980 and 1982 resolutions do not adequatelyreflect 21st century State recognition of the cultural contributions and religiouspractices of New Jersey’s tribal peoples, nor do they acknowledge the uniqueeconomic and education hardships and persisting environmental injusticeexperienced by them. Affirmation of the State’s pride in the tribes and its pledgeto work in partnership on these issues will be invaluable.Inattention to adequate state recognition has cost the State and the New Jerseytribes access to millions of dollars of federal support for educational, health,employment and social services. The Committee heard only support for recognitionfrom the general public.

The Committee believes the general public will welcome the celebration of the richdiversity of New Jersey’s Native American Indian population. The Committee findsthat the significance of State-only recognition carries a high level of culturalimport to the tribal members, particularly the young citizens whose heritage iscontinually and consistently questioned by the majority population.RECOMMENDATIONS1. State Recognition: We recommend that a three-stage legislative strategy beimplemented to affirm and strengthen State-only recognition for New Jersey’s threetribes: the Nanticoke Lenni-Lenape, the Powhatan Renape, and the Ramapough LenapeIndian Nation. The three stages are:(a) Issuance of an Executive Order affirming the Administration’s respect for andrecognition of the three tribes and enumerating their members’ many contributionsto the state’s culture, history and environmental stewardship. This order candirect all State agencies to review and modify their programs to ensure they areaccessible to and utilized by tribal members and all American Indians who arecitizens residing in New Jersey. The order can make clear that any disrespect ordiscrimination by State action or inaction towards New Jersey’s tribal memberswill not be tolerated.(b) Enactment of new legislative resolutions signed by the Governor to affirmState recognition for the three tribes. Such legislative resolutions can makeclear the intent to ensure New Jersey’s state tribes are intended to be eligiblefor all Federal benefits and national recognition that other states State-only

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recognized tribes have. It is recommended that such resolutions can includeappropriate language to make clear the resolutions do not intend and disclaim anyintent to recognize or confer any right to conduct gaming activities nor areintended in any way to be used as support for any applications for federalrecognition.(c) Enactment of state legislation to strengthen the New Jersey Commission onAmerican Indian Affairs and acknowledgment of the existence of three New JerseyAmerican Indian tribal groups. Such legislation can be in one or two parts. Partone would include provisions which would strengthen the existing New JerseyCommission on American Indian Affairs as recommended in several of this report’srecommendations; include an affirmation and state recognition of the existence ofthe three New Jersey tribal groups, the Nanticoke Lenni-Lenape, the PowhatanRenape and the Ramapough Lenni-Lenape; establish criteria and a process to assessany future requests from other tribal groups for authentication of theirexistence, enumerate any state benefits available and the hopes this will makethese groups eligible any federal benefits available to State-only recognizedtribes, create disclaimers disavowing intent to create any potential privilege orrights to conduct gaming, or to use the existence of this legislation to securefederal recognition.It is also recommended that Part two or a second separate law be enacted to createprotections patterned on those in federal law for tribal burial grounds, humanremains and American Indian artifacts which are currently absent in New Jerseylaw.Tax on property used for religious worshipFINDINGSThe Committee heard testimony and secured pro bono legal research concerning thelack of an exemption of state taxation of tribal burial grounds and property heldprivately for open-air worship.

RECOMMENDATIONS2. Tax Exemption for Tribal Religious Real Property: We recommend that the NewJersey departments of Law and Public Safety and Treasury review the situation andmake appropriate recommendations of how reasonable exemption of bona fide open airworship properties and tribal burial grounds can be achieved.Environmental justice associated with Ringwood Superfund siteFINDINGSThe Committee determined that a serious unresolved environmental justice situationis adversely affecting Ramapough Lenape Indians, specifically, the lingering,worsening Superfund toxic waste site in and around Ringwood, New Jersey.Additionally, in 2006 and 2007, the appearance of sinkholes displaced tribalmembers and other residents from their homes. A New Jersey Department ofEnvironmental Protection alert has now reported harmful toxins in small gamehunted for subsistence by the Ramapough Tribe. Exacerbating this situation is apersistent lack of clear lines of authority or a single authority to manage thecleanup and inform the public.The Superfund site cleanup work is resulting in direct serious environmental,health and safety issues for all affected residents. It is the only Superfund sitein the nation which was certified by the federal government as being remediatedand subsequently re-listed. It has displaced people from their homes; some perhapspermanently. It is particularly hard for those who live in the immediate proximityand engage in subsistence hunting. Management of the site cleanup currentlyinvolves a confusing array of local, state and federal agencies and the recentestablishment of an Interagency Team that is beginning to coordinate theseefforts. The local and state agencies have provided temporary housing and sinkholerepair assistance. Litigation has been filed by a group of residents, which is nowin Federal Court.RECOMMENDATIONS3. Seek Recovery of Damages from Federal Government: We recommend that theGovernor direct the Attorney General to determine what legal action can be takento manage and recover State damages for the ongoing multiyear cleanup effort. Suchaction might include petitioning the Federal Government and Courts to appoint aSpecial Master to oversee the cleanup and protect the residents. It could includedetermination ofwhether a Federal Natural Resources Damages claim for injuries to state lands andwildlife using private counsel to file such litigation is warranted.4. Seek Appointment of a Single Point Person to Oversee Cleanup. If efforts tosecure a Special Master are not successful, we recommend that the Governor appointa single point person to coordinate with the responsible parties in the FederalGovernment the multi-agency clean-up efforts and human service issues.5. Conduct Health and Safety Assessment: We recommend that the Governor direct thedepartments of Environmental Protection, Community Affairs, Health and SeniorServices and the New Jersey Highlands Commission to work collaboratively toidentify the health, and safety needs of the residents being adversely affected bythe Superfund Site, including monitoring the nearby reservoir and watershed.6. Seek Compensation for Damages to Families: We recommend that efforts be made todetermine what sources of federal, state and local compensation for property