this is the original recognition criteria on which all other versions are based. these rules expired on June 30, 2002, and have never been in effect during the lifetime of this Commission.
http://www.tncia.org/1990TCIArecognitioncriteri.html
---
August, 1990 (Revised) 1
RULES OF THE TENNESSEE COMMISSION OF INDIAN AFFAIRS
701 Broadway
Suite 130 Customs House
Nashville, TN 37243-0435
Chapters Title
0785-1 Recognition Criteria for Native American Indians
ADMINISTRATIVE HISTORY
Original chapter 0785-1 filed July 3, 1990; effective August 17, 1990.
August, 1990 (Revised) 1
RULES OF THE TENNESSEE COMMISSION OF INDIAN AFFAIRS
CHAPTER 0785-1
RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIANS
TABLE OF CONTENTS
0785-1-.01 Definitions
0785-1-.02 Purpose
0785-1-.03 Recognition Criteria for Native American Indian Nations, Tribes, or Bands
0785-1-.04 Recognition Criteria for Native American Indian Organizations
0785-1-.05 Recognition Criteria for Native American Indian Individuals
0785-1-.06 Procedures for Petitioning for Recognition
0785-1-.07 Changes in Membership Rolls
0785-1-.08 Appeals
0785-1-.01 DEFINITIONS.
The following definitions shall apply to these regulations:
(1) "Commission" means the Tennessee Commission of Indian Affairs.
(2) "State" means the state of Tennessee.
(3) "Enrollment" means being recognized as a Native American Indian by the state of Tennessee.
(4) "Roll" means the official list of recognized Native American individuals in Tennessee.
(5) "Disabled person" means any person determined to be in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, advanced age, developmental disability or other mental or physical incapacity.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.02 PURPOSE.
To establish criteria and procedures to provide for legal recognition by the state of Tennessee of Native American Indians presently existing in Tennessee.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.03 RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIAN NATIONS, TRIBES, OR BANDS.
(1) The petitioning group has been identified on a substantially continuous basis as Native American Indians throughout the history of their race; and
(2) A substantial portion of the petitioning group inhabits a particular geographic area or lives in a community viewed as Native American Indian and distinct from all other populations in the geographic area, and that its members are descendants of an Indian tribe which has historically inhabited the same geographic area; and
(3) The petitioning group has maintained tribal political influence or other authority over its members, or is able to demonstrate their existence as a continuous, distinct cultural entity capable of self-regulation, throughout their history until the present; and
(4) A copy of the group's present governing document is provided and/or a statement describing in full the membership criteria and the procedures through which the group governs its affairs and members; and
(5) A list of all known current members of the group and a copy of any available list of former members, based on the tribe's own defined criteria, shall be submitted. The membership must consist of individuals who have established descendency from a tribe that existed historically; and
(6) The membership of the group is composed principally of persons who are not members of any other North American Indian tribe.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.04 RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIAN ORGANIZATIONS.
(1) The petitioning group shall have as its primary purpose the promotion of education, economic, or social advancement or self-sufficiency of Native American Indians, and as a secondary purpose the promotion and preservation of Native American Indian culture. The charter and by-laws of the organization must clearly document such purposes; and
(2) The petitioning group shall be legally established, with appropriate charter, articles of incorporation, by-laws, and/or constitution, in accordance with state laws, and copies of the above-mentioned documents shall be provided; and
(3) The petitioning group shall provide a statement describing membership criteria and a list of all known current members, including identification of Native American Indian members, based on the group's own defined criteria of ancestry recognition. A membership ratio must be maintained consisting of a majority of Native American Indians to non-Indian members; and
(4) The petitioning group shall be controlled by a governing board and officers, the majority of which are Native American Indians.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.05 RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIAN INDIVIDUALS IN TENNESSEE.
(1) All applicants must have maintained a permanent residence in Tennessee for at least six (6) months prior to their date of application.
(2) Individuals may be enrolled with the state by satisfying any of the following means of documentation:
(a) The applicant has a roll number or certificate of Indian blood from a federally-recognized tribe; or
(b) the applicant's birth certificate shows the applicant or applicant's parent(s) to be Native American Indian; or
(c) The applicant has a family tree which shows a direct ancestor of the applicant to appear on a roll of a federally recognized Native American Indian tribe. All family trees will be subject to verification by professional genealogists at the applicant's expense; or
(d) The applicant signs an affidavit stating he/she is a Native American Indian. If the applicant has a living relative at least ten years older than the applicant, the relative must also sign the affidavit. In addition to the affidavit, the applicant shall provide at least one of the following:
1. A family Bible or hymnal showing that the applicant and/or the
applicant's direct ancestors were Native American Indian.
2. Death records of the applicant's direct ancestor(s) showing the
ancestor(s) to be Native American Indian.
3. Records of direct ancestor(s) from the Indian Court of Claims.
4. School, church or health records, or other compelling documentation
which shows the applicant to be Native American Indian.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.06 PROCEDURES FOR PETITIONING FOR RECOGNITION.
(1) Applications for recognition are available on request from the Tennessee Commission of Indian Affairs.
(2) Applications for minors and disabled individuals may be filed by the parent, next of kin, recognized guardian, or other person responsible for the care of the minor or incompetent individual.
(3) Complete applications and supporting documentation are to be sent to:
Director
Tennessee Commission of Indian Affairs
Department of Environment and Conservation
701 Broadway
Nashville, TN 37243-0435
(4) The Director of the Tennessee Commission of Indian Affairs shall review all applications and supporting documentation.
(5) If the application and required documentation are complete, the Director will present the information to the Commission for the Commission to review. The applicant(s) will be notified in writing of the Commission meeting when the application will be reviewed.
(6) The Commission will either approve or deny the application. The Commission may request additional information from the applicant if necessary.
(7) The Commission will notify each applicant in writing of the Commission's decision.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.07 CHANGES IN MEMBERSHIP ROLLS.
(1) Nations, tribes, or bands recognized pursuant to the rules herein contained shall notify the Tennessee Commission of Indian Affairs of any changes in enrollment criteria and subsequent additions or deletions of members.
(2) Organizations recognized pursuant to the rules herein contained shall submit updated membership rolls on a biennial basis for renewal of recognition certification.
(3) Upon receipt of a death certificate or other evidence of death acceptable to the Commission, the name of the deceased person shall be removed from the roll.
(4) Any recognized individual may terminate his or her enrollment by submitting written notice to the Director of the Commission.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.08 APPEALS.
(1) Any group or individual whose application for recognition has been denied may file an appeal to the Commission.
(2) The appeal shall be made in writing and shall be received by the Commission with thirty (30) days of the date of the Commission meeting when the application was denied.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
___________________________________________________________
TN Indian Affairs mailing list (tn-ind@tnind.net)
http://www.tnind.net/list/
sábado, 10 de diciembre de 2005
doc 2: proposed 2006 TNCIA recognition criteria
these are the proposed 2006 recognition criteria approved by the Advisory Council on Tennessee Indian Affairs (ACTIA) and recommended to the TN Commission of Indian Affairs this past july.
the 1990 recognition criteria contains 1383 words.
the 2005 proposed recognition criteria contains 2549 words. it was modified to take into consideration all of the requests for changes made at the 2 TNCIA hearings on reoognition, to improve accountability and record-keeping, and to reduce the burden of knowledge on the Commissioners themselves.
http://www.tncia.org/recognition-criteria-proposed.html
---
Modifications / changes from 1990 recognition criteria:
(A) Adapts elements of the South Carolina recognition code, specifically:
1. new "Definitions" (8-10/Tribe, Organization, Lineal Descendant), and
2. the "Purpose" was amended to include the direct citation of the TNCIA code authorizing recognition, and
3. a new section of "Limitations" (.03), and
4. additional tribal criteria (2) (D-F).
(B) Adds an organizational criterion (6) regarding congruence between an organization's name and their membership.
(C) Places onus of responsibility on party requesting recognition to submit certified documentation.
(D) Establishes "Procedures for petitioning for recognition" and procedures for record-keeping.
(E) Establishes a $20 processing fee to cover Commission costs.
This is the most inclusive document yet, addressing all previously mentioned concerns, and does not pose any further undue hardships on legitimate groups.
(* indicates addition or amendment.)
-------------------------------------------------------------------------------
August 2005
ADVISORY COUNCIL ON TENNESSEE INDIAN AFFAIRS
PROPOSED AMENDMENT to the
1990 RECOGNITION CRITERIA OF THE TENNESSEE COMMISSION OF INDIAN AFFAIRS
ADMINISTRATIVE HISTORY
Original chapter 0785-1 Recognition Criteria for Native American Indians filed July 3, 1990; proposed effective date January 2006.
CHAPTER 0785-1
RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIANS
TABLE OF CONTENTS
0785-1-.01 Definitions
0785-1-.02 Purpose
0785-1-.03 Limitations
0785-1-.04 Recognition Criteria for Native American Indian Nations, Tribes, or Bands
0785-1-.05 Recognition Criteria for Native American Indian Organizations
0785-1-.06 Recognition Criteria for Native American Indian Individuals
0785-1-.07 Procedures for Petitioning for Recognition
0785-1-.08 Changes in Recognition Status
0785-1-.09 Appeals
0785-1-.01 DEFINITIONS.
The following definitions shall apply to these regulations:
(1) "Commission" means the Tennessee Commission of Indian Affairs.
(2) "State" means the state of Tennessee.
(3) "Recognized" means being recognized as a Native American Indian by the state of Tennessee.
(4) "List" means the official list of recognized Native American nations, tribes, bands, organizations and individuals in Tennessee.
(5) "Certified" means verified as accurate by a genealogist who is certified by the Board for Certification of Genealogists or National Genealogical Society.
(6) "Professional" means a [terminal] college/university degree (B.A. and above) and prior experience and employment in a field of study.
(7) "Disabled person" means any person determined to be in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, advanced age, developmental disability or other mental or physical incapacity.
(8) "Tribe" means an assembly of Indian people comprising numerous families, clans, or generations together with their descendents, who have a common character, interest, and behavior denoting a separate ethnic and cultural heritage, and who have existed as a separate community, on a substantially continuous basis throughout the past 100 years. In general, core members of the tribe are related to each other by blood. A tribal council and governmental authority unique to Native American Indians govern them.
(9) "Organization" means a number of individuals assembled together, which have different characteristics, interests and behaviors that do not denote a separate ethnic and cultural heritage today, as they once did. The group is composed of both Native American Indians and other ethnic races. They are not all related to one another by blood.
(10) "Lineal descendant" means direct genetic descent from a specific ancestor.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.02 PURPOSE.
Section 4-34-103(6) of the Tennessee Code Annotated states that "It is the duty of the commission to ... Establish appropriate procedures to provide for legal recognition by the state of presently unrecognized tribes, nations, groups, communities or individuals, and to provide for official state recognition by the commission of such".
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.03 LIMITATIONS.
(1) The Native American Indian entities recognized by this act, their members, lands, natural resources, or other property owned by such entities or their members, are subject to the civil, criminal, and regulatory jurisdiction and laws of the state of Tennessee, its agencies, and political subdivisions, and the civil and criminal jurisdiction of the courts of the state of Tennessee, to the same extent as any other person, citizen or land in Tennessee.
(2) Notwithstanding their state certification, Native American Indian entities have no power or authority to take any action that would establish, advance or promote any form of gambling in the state of Tennessee; nor does this provision of law confer power or authority to take any action which could establish, advance or promote any form of gambling in the State.
(3) Nothing in this act recognizes, creates, extends, or forms the basis of any right or claim of interest in land or real estate in this state for any Native American Indian entity recognized by the State.
(4) Federally-recognized tribes retain all federally recognized sovereignty of rights under this provision of law.
(5) State recognized tribes that subsequently obtain federal recognition are not bound by the limitations of this provision and therefore, gain and retain all federally recognized sovereignty of rights under this provision of law.
0785-1-.04 RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIAN NATIONS, TRIBES, OR BANDS.
(1) Eligibility for recognition is limited to petitioning groups that meet the following criteria:
(A) The petitioning group is headquartered in the state of Tennessee, is indigenous to this state, and has been identified on a substantially continuous basis as Native American Indians throughout the history of the group; and
(B) A majority of the petitioning group inhabits a particular geographic area in Tennessee or lives in a community in Tennessee viewed as Native American Indian and distinct from all other populations in the geographic area, and that its members are descendants of an Indian tribe that has historically inhabited the state of Tennessee; and
(C) The petitioning group has maintained tribal political influence or other authority over its members, or is able to demonstrate their existence as a continuous, distinct cultural entity capable of self-regulation, throughout their history until the present; and
(D) The membership of the group is composed of a majority of persons who are not members of any other North American Indian federally- or state-recognized tribe.
(2) The following information shall be provided to the Commission to review:
(A) A copy of the group's present governing document and/or a statement describing in full the membership criteria and the procedures through which the group governs its affairs and members; and
(B) A list of all known current members of the group and a copy of any available list of former members, based on the tribe's own defined criteria. The membership must consist of individuals who have established certified descendancy from a tribe that existed historically; and
(C) A history of the petitioning group from the time of state creation (1796) to present, written by a professional historian or anthropologist and no longer than two-thousand (2000) words.
(D) Documented traditions, customs, legends, etc., that demonstrate the group's Native American Indian cultural heritage.
(E) Letters, statements, and documents from state or federal authorities, that document a history of tribal-related business and activities that specifically address Native American Indian culture, preservation, and affairs.
(F) Letters, statements, and documents from federally- or state-recognized tribes in and/or outside of Tennessee which attest to the Indian heritage of the group.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.05 RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIAN ORGANIZATIONS.
(1) The petitioning group shall have as its primary purpose the promotion of education, economic, or social advancement or self-sufficiency of Native American Indians, and as a secondary purpose the promotion and preservation of Native American Indian culture. The charter and by-laws of the organization must clearly document such purposes; and
(2) The petitioning group shall be legally established, with appropriate charter filed with the state Secretary of State, articles of incorporation, by-laws, and/or constitution, in accordance with state laws, and copies of the above-mentioned documents shall be provided; and
(3) The petitioning group shall provide a statement describing membership criteria and a list of all known current members, including identification of recognized Native American Indian members, based on the Commission's criteria of individual recognition. A membership ratio must be maintained consisting of a majority of Native American Indians who are able to meet the Commission's recognition criteria to members who do not meet the Commission's recognition criteria; and
(4) The petitioning group shall demonstrate that it is controlled by a governing board and officers, the majority of whom are Native American Indians.
(5) A history of the petitioning group from the time of its creation to the present, no longer than one-thousand (1000) words, shall be submitted.
(6) If an organization uses a name or language of Native American Indian cultural affiliation (eg, tribal or clan name), the petitioning group shall demonstrate the historicity of its cultural tribe or clan and that a majority of its members are directly related or historically affiliated with the named or referenced cultural group.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.06 RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIAN INDIVIDUALS IN TENNESSEE.
(1) All applicants must have maintained a permanent residence in Tennessee for at least twelve (12) months prior to their date of application.
(2) Individuals may be recognized by the state by satisfying any of the following means of documentation:
(A) The applicant or applicant's parent(s) has a roll number or certificate of Indian blood from a tribe recognized by the USA government; or
(B) The applicant or applicant's parent(s) has a roll number from a tribe recognized by a state legislature; or
(C) The applicant is a direct lineal descendant of an individual previously recognized as a Native American Indian by the State of Tennessee from the effective date of these rules; or
(D) The applicant's birth certificate shows the applicant or applicant's parent(s) to be Native American Indian; or
(E) The applicant has a certified family tree and supporting genealogy which shows a direct ancestor of the applicant to appear on a roll of a federally-recognized Native American Indian tribe; or
(F) The applicant signs an affidavit stating he/she is a Native American Indian. If the applicant has a living relative at least ten years older than the applicant, the relative must also sign the affidavit. In addition to the affidavit, the applicant shall provide at least one of the following:
1. A family historical document showing that the applicant and/or the applicant's direct ancestors were Native American Indian.
2. Death records of the applicant's direct ancestor(s) showing the ancestor(s) to be Native American Indian.
3. Records of direct ancestor(s) from the Indian Court of Claims.
4. School, church or health records, or other compelling documentation which shows the applicant to be Native American Indian.
(3) The onus of responsibility shall be upon the applicant to provide notarized documentation of claimed enrollment or certified documentation of claimed relationship.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.07 PROCEDURES FOR PETITIONING FOR RECOGNITION.
(1) (A) The Commission shall establish a three (3)-member Recognition Committee composed of Commissioners who shall review the applications and documentation provided by each applicant, and report its findings to the Commission.
(B) The Secretary of the Commission shall be a member of the Recognition Committee and shall maintain an annotated logbook of all applications and supporting documentation received, the date of completed application, and the Commission's decision and date thereof.
(C) The Recognition Committee may request additional information from the applicant if deemed necessary.
(D) Documentation that is incomplete or not notarized, or genealogical information that is not certified, shall be returned with the rest of the application and documentation, to the applicant.
(E) Apart from the applicant's name, city of residence, and tribal affiliation/descendancy, all applications, documentation and information submitted shall be kept confidential by the Commission.
(F) Applicants may at any time request the return of their application and documentation. No determination will be made on an application withdrawn prior to the Commission's decision.
(2) (A) Applications for recognition shall be created by the Commission and be made available from the Commission's Secretary.
(B) Applications for minors and disabled individuals may be filed by the parent, next of kin, recognized guardian, or other person responsible for the care of the minor or incompetent individual.
(3) (A) Three (3) paper copies of the completed applications and supporting documentation, with a return self-addressed envelope of the same size and same postage, shall be mailed to the Secretary of the Commission for review by the Commission's Recognition Committee.
(B) The Commission may charge a $20 non-refundable processing fee, payable by check or money-order to the Commission of Indian Affairs.
(5) The Commission shall either approve or deny the application within one (1) calendar year from the date of the completed application. The Commission may request additional information from the applicant if necessary.
(6) When the application and required documentation are complete, the Recognition Committee shall review the application and present their finding to the Commission for determination at the next regular Commission meeting. The applicant(s) will be notified in writing of the Commission meeting at which time the application will be reviewed and a decision made.
(7) Formal acknowledgement of the decision of the Commission regarding the status of an application for state recognition shall be in writing.
(8) All application materials, including application form and supporting documentation and any copies, shall be returned to the applicant immediately following the Commission's decision on the applicant's request for recognition.
(9) A current list of the names of all recognized nations, tribes, bands, organizations and individuals, including tribal affiliation and city of residence, shall be maintained by the Commission's secretary and shall be publicly available.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.08 CHANGES IN RECOGNITION STATUS.
(1) Nations, tribes, or bands recognized pursuant to the rules herein contained shall notify the Commission of any changes in enrollment criteria and subsequent additions or deletions of members. Nations, tribes, or bands recognized pursuant to the rules herein contained shall be reviewed five (5) and ten (10) years following the date of recognition for continued and final recognition respectively.
(2) Organizational recognition shall be valid for a period of four (4) years. Organizations recognized pursuant to the rules contained herein shall submit updated leadership and membership rolls every four (4) years for renewal of recognition certification.
(3) (A) Upon receipt of a termination notice or other evidence of termination acceptable to the Commission, the name of the terminated nation, tribe, band or organization shall be removed from the list of recognized groups.
(B) Upon receipt of a death certificate or other evidence of death acceptable to the Commission, the name of the deceased person shall be removed from the list of recognized individuals.
(C) Individual recognition may be rescinded upon demonstration that the information upon which the recognition decision was based is incorrect.
(4) Any recognized nation, tribe, band, organization or individual may terminate its/his/her recognition by submitting written notice to the Recognition Committee of the Commission.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.09 APPEALS.
(1) Any group or individual whose application for recognition has been denied may file an appeal to the Commission.
(2) The appeal shall be made in writing and shall explain the specific deficiencies, errors, or supplementary material to be reviewed, and mailed by registered mail to the Commission within forty-five (45) days of the date of the Commission meeting when the application was denied.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
###
--------------------------------------------------------------------
If information is power, then the internet, which distributes
information democratically to anyone who has access to it, is
no longer distributing just information — it's distributing power.
And in a top-down society, it's empowering the bottom.
Put more simply - in America, it's empowering the American people.
We live in a top-down society, where information is power, and
where those at the top have most of the information and
hold most of the power.
- Joe Trippi
___________________________________________________________
TN Indian Affairs mailing list (tn-ind@tnind.net)
http://www.tnind.net/list/
the 1990 recognition criteria contains 1383 words.
the 2005 proposed recognition criteria contains 2549 words. it was modified to take into consideration all of the requests for changes made at the 2 TNCIA hearings on reoognition, to improve accountability and record-keeping, and to reduce the burden of knowledge on the Commissioners themselves.
http://www.tncia.org/recognition-criteria-proposed.html
---
Modifications / changes from 1990 recognition criteria:
(A) Adapts elements of the South Carolina recognition code, specifically:
1. new "Definitions" (8-10/Tribe, Organization, Lineal Descendant), and
2. the "Purpose" was amended to include the direct citation of the TNCIA code authorizing recognition, and
3. a new section of "Limitations" (.03), and
4. additional tribal criteria (2) (D-F).
(B) Adds an organizational criterion (6) regarding congruence between an organization's name and their membership.
(C) Places onus of responsibility on party requesting recognition to submit certified documentation.
(D) Establishes "Procedures for petitioning for recognition" and procedures for record-keeping.
(E) Establishes a $20 processing fee to cover Commission costs.
This is the most inclusive document yet, addressing all previously mentioned concerns, and does not pose any further undue hardships on legitimate groups.
(* indicates addition or amendment.)
-------------------------------------------------------------------------------
August 2005
ADVISORY COUNCIL ON TENNESSEE INDIAN AFFAIRS
PROPOSED AMENDMENT to the
1990 RECOGNITION CRITERIA OF THE TENNESSEE COMMISSION OF INDIAN AFFAIRS
ADMINISTRATIVE HISTORY
Original chapter 0785-1 Recognition Criteria for Native American Indians filed July 3, 1990; proposed effective date January 2006.
CHAPTER 0785-1
RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIANS
TABLE OF CONTENTS
0785-1-.01 Definitions
0785-1-.02 Purpose
0785-1-.03 Limitations
0785-1-.04 Recognition Criteria for Native American Indian Nations, Tribes, or Bands
0785-1-.05 Recognition Criteria for Native American Indian Organizations
0785-1-.06 Recognition Criteria for Native American Indian Individuals
0785-1-.07 Procedures for Petitioning for Recognition
0785-1-.08 Changes in Recognition Status
0785-1-.09 Appeals
0785-1-.01 DEFINITIONS.
The following definitions shall apply to these regulations:
(1) "Commission" means the Tennessee Commission of Indian Affairs.
(2) "State" means the state of Tennessee.
(3) "Recognized" means being recognized as a Native American Indian by the state of Tennessee.
(4) "List" means the official list of recognized Native American nations, tribes, bands, organizations and individuals in Tennessee.
(5) "Certified" means verified as accurate by a genealogist who is certified by the Board for Certification of Genealogists or National Genealogical Society.
(6) "Professional" means a [terminal] college/university degree (B.A. and above) and prior experience and employment in a field of study.
(7) "Disabled person" means any person determined to be in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, advanced age, developmental disability or other mental or physical incapacity.
(8) "Tribe" means an assembly of Indian people comprising numerous families, clans, or generations together with their descendents, who have a common character, interest, and behavior denoting a separate ethnic and cultural heritage, and who have existed as a separate community, on a substantially continuous basis throughout the past 100 years. In general, core members of the tribe are related to each other by blood. A tribal council and governmental authority unique to Native American Indians govern them.
(9) "Organization" means a number of individuals assembled together, which have different characteristics, interests and behaviors that do not denote a separate ethnic and cultural heritage today, as they once did. The group is composed of both Native American Indians and other ethnic races. They are not all related to one another by blood.
(10) "Lineal descendant" means direct genetic descent from a specific ancestor.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.02 PURPOSE.
Section 4-34-103(6) of the Tennessee Code Annotated states that "It is the duty of the commission to ... Establish appropriate procedures to provide for legal recognition by the state of presently unrecognized tribes, nations, groups, communities or individuals, and to provide for official state recognition by the commission of such".
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.03 LIMITATIONS.
(1) The Native American Indian entities recognized by this act, their members, lands, natural resources, or other property owned by such entities or their members, are subject to the civil, criminal, and regulatory jurisdiction and laws of the state of Tennessee, its agencies, and political subdivisions, and the civil and criminal jurisdiction of the courts of the state of Tennessee, to the same extent as any other person, citizen or land in Tennessee.
(2) Notwithstanding their state certification, Native American Indian entities have no power or authority to take any action that would establish, advance or promote any form of gambling in the state of Tennessee; nor does this provision of law confer power or authority to take any action which could establish, advance or promote any form of gambling in the State.
(3) Nothing in this act recognizes, creates, extends, or forms the basis of any right or claim of interest in land or real estate in this state for any Native American Indian entity recognized by the State.
(4) Federally-recognized tribes retain all federally recognized sovereignty of rights under this provision of law.
(5) State recognized tribes that subsequently obtain federal recognition are not bound by the limitations of this provision and therefore, gain and retain all federally recognized sovereignty of rights under this provision of law.
0785-1-.04 RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIAN NATIONS, TRIBES, OR BANDS.
(1) Eligibility for recognition is limited to petitioning groups that meet the following criteria:
(A) The petitioning group is headquartered in the state of Tennessee, is indigenous to this state, and has been identified on a substantially continuous basis as Native American Indians throughout the history of the group; and
(B) A majority of the petitioning group inhabits a particular geographic area in Tennessee or lives in a community in Tennessee viewed as Native American Indian and distinct from all other populations in the geographic area, and that its members are descendants of an Indian tribe that has historically inhabited the state of Tennessee; and
(C) The petitioning group has maintained tribal political influence or other authority over its members, or is able to demonstrate their existence as a continuous, distinct cultural entity capable of self-regulation, throughout their history until the present; and
(D) The membership of the group is composed of a majority of persons who are not members of any other North American Indian federally- or state-recognized tribe.
(2) The following information shall be provided to the Commission to review:
(A) A copy of the group's present governing document and/or a statement describing in full the membership criteria and the procedures through which the group governs its affairs and members; and
(B) A list of all known current members of the group and a copy of any available list of former members, based on the tribe's own defined criteria. The membership must consist of individuals who have established certified descendancy from a tribe that existed historically; and
(C) A history of the petitioning group from the time of state creation (1796) to present, written by a professional historian or anthropologist and no longer than two-thousand (2000) words.
(D) Documented traditions, customs, legends, etc., that demonstrate the group's Native American Indian cultural heritage.
(E) Letters, statements, and documents from state or federal authorities, that document a history of tribal-related business and activities that specifically address Native American Indian culture, preservation, and affairs.
(F) Letters, statements, and documents from federally- or state-recognized tribes in and/or outside of Tennessee which attest to the Indian heritage of the group.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.05 RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIAN ORGANIZATIONS.
(1) The petitioning group shall have as its primary purpose the promotion of education, economic, or social advancement or self-sufficiency of Native American Indians, and as a secondary purpose the promotion and preservation of Native American Indian culture. The charter and by-laws of the organization must clearly document such purposes; and
(2) The petitioning group shall be legally established, with appropriate charter filed with the state Secretary of State, articles of incorporation, by-laws, and/or constitution, in accordance with state laws, and copies of the above-mentioned documents shall be provided; and
(3) The petitioning group shall provide a statement describing membership criteria and a list of all known current members, including identification of recognized Native American Indian members, based on the Commission's criteria of individual recognition. A membership ratio must be maintained consisting of a majority of Native American Indians who are able to meet the Commission's recognition criteria to members who do not meet the Commission's recognition criteria; and
(4) The petitioning group shall demonstrate that it is controlled by a governing board and officers, the majority of whom are Native American Indians.
(5) A history of the petitioning group from the time of its creation to the present, no longer than one-thousand (1000) words, shall be submitted.
(6) If an organization uses a name or language of Native American Indian cultural affiliation (eg, tribal or clan name), the petitioning group shall demonstrate the historicity of its cultural tribe or clan and that a majority of its members are directly related or historically affiliated with the named or referenced cultural group.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.06 RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIAN INDIVIDUALS IN TENNESSEE.
(1) All applicants must have maintained a permanent residence in Tennessee for at least twelve (12) months prior to their date of application.
(2) Individuals may be recognized by the state by satisfying any of the following means of documentation:
(A) The applicant or applicant's parent(s) has a roll number or certificate of Indian blood from a tribe recognized by the USA government; or
(B) The applicant or applicant's parent(s) has a roll number from a tribe recognized by a state legislature; or
(C) The applicant is a direct lineal descendant of an individual previously recognized as a Native American Indian by the State of Tennessee from the effective date of these rules; or
(D) The applicant's birth certificate shows the applicant or applicant's parent(s) to be Native American Indian; or
(E) The applicant has a certified family tree and supporting genealogy which shows a direct ancestor of the applicant to appear on a roll of a federally-recognized Native American Indian tribe; or
(F) The applicant signs an affidavit stating he/she is a Native American Indian. If the applicant has a living relative at least ten years older than the applicant, the relative must also sign the affidavit. In addition to the affidavit, the applicant shall provide at least one of the following:
1. A family historical document showing that the applicant and/or the applicant's direct ancestors were Native American Indian.
2. Death records of the applicant's direct ancestor(s) showing the ancestor(s) to be Native American Indian.
3. Records of direct ancestor(s) from the Indian Court of Claims.
4. School, church or health records, or other compelling documentation which shows the applicant to be Native American Indian.
(3) The onus of responsibility shall be upon the applicant to provide notarized documentation of claimed enrollment or certified documentation of claimed relationship.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.07 PROCEDURES FOR PETITIONING FOR RECOGNITION.
(1) (A) The Commission shall establish a three (3)-member Recognition Committee composed of Commissioners who shall review the applications and documentation provided by each applicant, and report its findings to the Commission.
(B) The Secretary of the Commission shall be a member of the Recognition Committee and shall maintain an annotated logbook of all applications and supporting documentation received, the date of completed application, and the Commission's decision and date thereof.
(C) The Recognition Committee may request additional information from the applicant if deemed necessary.
(D) Documentation that is incomplete or not notarized, or genealogical information that is not certified, shall be returned with the rest of the application and documentation, to the applicant.
(E) Apart from the applicant's name, city of residence, and tribal affiliation/descendancy, all applications, documentation and information submitted shall be kept confidential by the Commission.
(F) Applicants may at any time request the return of their application and documentation. No determination will be made on an application withdrawn prior to the Commission's decision.
(2) (A) Applications for recognition shall be created by the Commission and be made available from the Commission's Secretary.
(B) Applications for minors and disabled individuals may be filed by the parent, next of kin, recognized guardian, or other person responsible for the care of the minor or incompetent individual.
(3) (A) Three (3) paper copies of the completed applications and supporting documentation, with a return self-addressed envelope of the same size and same postage, shall be mailed to the Secretary of the Commission for review by the Commission's Recognition Committee.
(B) The Commission may charge a $20 non-refundable processing fee, payable by check or money-order to the Commission of Indian Affairs.
(5) The Commission shall either approve or deny the application within one (1) calendar year from the date of the completed application. The Commission may request additional information from the applicant if necessary.
(6) When the application and required documentation are complete, the Recognition Committee shall review the application and present their finding to the Commission for determination at the next regular Commission meeting. The applicant(s) will be notified in writing of the Commission meeting at which time the application will be reviewed and a decision made.
(7) Formal acknowledgement of the decision of the Commission regarding the status of an application for state recognition shall be in writing.
(8) All application materials, including application form and supporting documentation and any copies, shall be returned to the applicant immediately following the Commission's decision on the applicant's request for recognition.
(9) A current list of the names of all recognized nations, tribes, bands, organizations and individuals, including tribal affiliation and city of residence, shall be maintained by the Commission's secretary and shall be publicly available.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.08 CHANGES IN RECOGNITION STATUS.
(1) Nations, tribes, or bands recognized pursuant to the rules herein contained shall notify the Commission of any changes in enrollment criteria and subsequent additions or deletions of members. Nations, tribes, or bands recognized pursuant to the rules herein contained shall be reviewed five (5) and ten (10) years following the date of recognition for continued and final recognition respectively.
(2) Organizational recognition shall be valid for a period of four (4) years. Organizations recognized pursuant to the rules contained herein shall submit updated leadership and membership rolls every four (4) years for renewal of recognition certification.
(3) (A) Upon receipt of a termination notice or other evidence of termination acceptable to the Commission, the name of the terminated nation, tribe, band or organization shall be removed from the list of recognized groups.
(B) Upon receipt of a death certificate or other evidence of death acceptable to the Commission, the name of the deceased person shall be removed from the list of recognized individuals.
(C) Individual recognition may be rescinded upon demonstration that the information upon which the recognition decision was based is incorrect.
(4) Any recognized nation, tribe, band, organization or individual may terminate its/his/her recognition by submitting written notice to the Recognition Committee of the Commission.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
0785-1-.09 APPEALS.
(1) Any group or individual whose application for recognition has been denied may file an appeal to the Commission.
(2) The appeal shall be made in writing and shall explain the specific deficiencies, errors, or supplementary material to be reviewed, and mailed by registered mail to the Commission within forty-five (45) days of the date of the Commission meeting when the application was denied.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
###
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If information is power, then the internet, which distributes
information democratically to anyone who has access to it, is
no longer distributing just information — it's distributing power.
And in a top-down society, it's empowering the bottom.
Put more simply - in America, it's empowering the American people.
We live in a top-down society, where information is power, and
where those at the top have most of the information and
hold most of the power.
- Joe Trippi
___________________________________________________________
TN Indian Affairs mailing list (tn-ind@tnind.net)
http://www.tnind.net/list/
doc 3: proposed RC amendment - use 1990 RC & change words- use "acknowledgement" instead of "recognition"
Proposed amendment to the proposed 2006 TNCIA Recognition Criteria:
1. Use the (shorter) 1990 Recognition Criteria, and
2. Change two terms:
A. "Recognition" to "Acknowledging" or "Acknowledgement",
B. "Roll" to "Registry".
Purpose:
1. Minimize changes to Recognition Criteria that the state approved in 1990 in hopes of quicker review and acceptance by the state Attorney General;
2. Address concerns by members of federally-recognized tribes that the words "recognition" and "roll" sound too similar to 'real' recognition.
Pro:
1. Does not add "extra" language that may delay the state's review.
2. Reduces effect of two words used in _federal_ tribal recognition.
---
(This amendment may also be proposed in conjunction with deleting the recognition criteria section on "Recognition of tribes, nations and bands" - see doc 4: proposed RC amendment - delete RC for tribes&nations.)
---------------------------------------------------------
The right to know is basic. Moreover, it is better to err
on the side of sharing too much information than risk
leaving someone in the dark. Information is power,
but it is pointless power if hoarded. Power must be
shared for an organization or a relationship to work.
- Max Dupree, Leadership is an Art, 1989, 104-5
___________________________________________________________
TN Indian Affairs mailing list (tn-ind@tnind.net)
http://www.tnind.net/list/
1. Use the (shorter) 1990 Recognition Criteria, and
2. Change two terms:
A. "Recognition" to "Acknowledging" or "Acknowledgement",
B. "Roll" to "Registry".
Purpose:
1. Minimize changes to Recognition Criteria that the state approved in 1990 in hopes of quicker review and acceptance by the state Attorney General;
2. Address concerns by members of federally-recognized tribes that the words "recognition" and "roll" sound too similar to 'real' recognition.
Pro:
1. Does not add "extra" language that may delay the state's review.
2. Reduces effect of two words used in _federal_ tribal recognition.
---
(This amendment may also be proposed in conjunction with deleting the recognition criteria section on "Recognition of tribes, nations and bands" - see doc 4: proposed RC amendment - delete RC for tribes&nations.)
---------------------------------------------------------
The right to know is basic. Moreover, it is better to err
on the side of sharing too much information than risk
leaving someone in the dark. Information is power,
but it is pointless power if hoarded. Power must be
shared for an organization or a relationship to work.
- Max Dupree, Leadership is an Art, 1989, 104-5
___________________________________________________________
TN Indian Affairs mailing list (tn-ind@tnind.net)
http://www.tnind.net/list/
doc 4: proposed RC amendment - delete RC for tribes & nations
Proposed amendment to the proposed 2006 TNCIA Recognition Criteria:
Delete all sections and references to the words "tribes" and "nations".
Purpose: That the Commission NOT take on itself the responsibility of recognizing Native American Indian People within the state of Tennessee to be known as "tribes" or "nations". The meaning of the words "tribe/s" and or "nations" is too broad and in depth for the Commission to effectively and accurately evaluate the people currently presenting themselves. There may be one or two of these communities who have longevity of existence in Tennessee with long- term documentation. For the most part, the groups presenting extensive paperwork to be evaluated could be processed and approved as "Tennessee Acknowledged Native American Organizations" with a name, which does not use the word "tribe", or "nation" within it. The Commission does not have the personnel or financial resources to extensively study and validate the vast amount of documentation that has been, and will be, presented for action by the Commission.
This proposed amendment would delete the following section in its entirety from the Recognition Criteria. Only organizational and individual recognition would be available.
---
0785-1-.04 RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIAN NATIONS, TRIBES, OR BANDS.
(1) Eligibility for recognition is limited to petitioning groups that meet the following criteria:
(A) The petitioning group is headquartered in the state of Tennessee, is indigenous to this state, and has been identified on a substantially continuous basis as Native American Indians throughout the history of the group; and
(B) A majority of the petitioning group inhabits a particular geographic area in Tennessee or lives in a community in Tennessee viewed as Native American Indian and distinct from all other populations in the geographic area, and that its members are descendants of an Indian tribe that has historically inhabited the state of Tennessee; and
(C) The petitioning group has maintained tribal political influence or other authority over its members, or is able to demonstrate their existence as a continuous, distinct cultural entity capable of self-regulation, throughout their history until the present; and
(D) The membership of the group is composed of a majority of persons who are not members of any other North American Indian federally- or state-recognized tribe.
(2) The following information shall be provided to the Commission to review:
(A) A copy of the group's present governing document and/or a statement describing in full the membership criteria and the procedures through which the group governs its affairs and members; and
(B) A list of all known current members of the group and a copy of any available list of former members, based on the tribe's own defined criteria. The membership must consist of individuals who have established certified descendancy from a tribe that existed historically; and
(C) A history of the petitioning group from the time of state creation (1796) to present, written by a professional historian or anthropologist and no longer than two-thousand (2000) words.
(D) Documented traditions, customs, legends, etc., that demonstrate the group's Native American Indian cultural heritage.
(E) Letters, statements, and documents from state or federal authorities, that document a history of tribal-related business and activities that specifically address Native American Indian culture, preservation, and affairs.
(F) Letters, statements, and documents from federally- or state-recognized tribes in and/or outside of Tennessee which attest to the Indian heritage of the group.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
___________________________________________________________
TN Indian Affairs mailing list (tn-ind@tnind.net)
http://www.tnind.net/list/
Delete all sections and references to the words "tribes" and "nations".
Purpose: That the Commission NOT take on itself the responsibility of recognizing Native American Indian People within the state of Tennessee to be known as "tribes" or "nations". The meaning of the words "tribe/s" and or "nations" is too broad and in depth for the Commission to effectively and accurately evaluate the people currently presenting themselves. There may be one or two of these communities who have longevity of existence in Tennessee with long- term documentation. For the most part, the groups presenting extensive paperwork to be evaluated could be processed and approved as "Tennessee Acknowledged Native American Organizations" with a name, which does not use the word "tribe", or "nation" within it. The Commission does not have the personnel or financial resources to extensively study and validate the vast amount of documentation that has been, and will be, presented for action by the Commission.
This proposed amendment would delete the following section in its entirety from the Recognition Criteria. Only organizational and individual recognition would be available.
---
0785-1-.04 RECOGNITION CRITERIA FOR NATIVE AMERICAN INDIAN NATIONS, TRIBES, OR BANDS.
(1) Eligibility for recognition is limited to petitioning groups that meet the following criteria:
(A) The petitioning group is headquartered in the state of Tennessee, is indigenous to this state, and has been identified on a substantially continuous basis as Native American Indians throughout the history of the group; and
(B) A majority of the petitioning group inhabits a particular geographic area in Tennessee or lives in a community in Tennessee viewed as Native American Indian and distinct from all other populations in the geographic area, and that its members are descendants of an Indian tribe that has historically inhabited the state of Tennessee; and
(C) The petitioning group has maintained tribal political influence or other authority over its members, or is able to demonstrate their existence as a continuous, distinct cultural entity capable of self-regulation, throughout their history until the present; and
(D) The membership of the group is composed of a majority of persons who are not members of any other North American Indian federally- or state-recognized tribe.
(2) The following information shall be provided to the Commission to review:
(A) A copy of the group's present governing document and/or a statement describing in full the membership criteria and the procedures through which the group governs its affairs and members; and
(B) A list of all known current members of the group and a copy of any available list of former members, based on the tribe's own defined criteria. The membership must consist of individuals who have established certified descendancy from a tribe that existed historically; and
(C) A history of the petitioning group from the time of state creation (1796) to present, written by a professional historian or anthropologist and no longer than two-thousand (2000) words.
(D) Documented traditions, customs, legends, etc., that demonstrate the group's Native American Indian cultural heritage.
(E) Letters, statements, and documents from state or federal authorities, that document a history of tribal-related business and activities that specifically address Native American Indian culture, preservation, and affairs.
(F) Letters, statements, and documents from federally- or state-recognized tribes in and/or outside of Tennessee which attest to the Indian heritage of the group.
Authority: T.C.A. §4-34-103. Administrative History:
Original rule filed July 3, 1990; effective August 17, 1990.
___________________________________________________________
TN Indian Affairs mailing list (tn-ind@tnind.net)
http://www.tnind.net/list/
Current Commissioners of Indian Affairs & contact info
Sent by Ms. Ruth Allen:
Please update our Commissioners listing:
Doris Tate Trevino, Chair
460 Tate Road
Sewanee, TN 37375
931/598-5953
email: tandt05@bellsouth.net
Evangeline "Van" Lynch, Vice Chair
P. O. Box 408
Trimble, TN 38259-0408
731/673-4360
email: vlynch@ycirnet.net
Ruth Knight Allen, Secretary/Treasurer
1541 Welsh Rd.
Memphis, TN 38117-6731
901/685-8135 Home
901/628-6330 Cell
email: longwlker@aol.com
Niles Aseret
635 Spike Trail
Murphreesboro, TN 37129
615/896-7928
Jeanie Walkingstick King
P. O. Box 382
Alcoa, TN 37701
865/382-5911 Cell
Jimmy Reedy
3190 Petigap Rd.
McMinnville, TN 38110
931/939-4007 Home
615/467-1513 Work
email: rockinr@blomand.net
Kippy Vaughn
P. O. Box 72
Rockwood, TN 37375
865/354-0398
email: kvaughn65@aol.com
Committee assignment changes will be sent as soon as we have them.
Thanks
Ruth
Please update our Commissioners listing:
Doris Tate Trevino, Chair
460 Tate Road
Sewanee, TN 37375
931/598-5953
email: tandt05@bellsouth.net
Evangeline "Van" Lynch, Vice Chair
P. O. Box 408
Trimble, TN 38259-0408
731/673-4360
email: vlynch@ycirnet.net
Ruth Knight Allen, Secretary/Treasurer
1541 Welsh Rd.
Memphis, TN 38117-6731
901/685-8135 Home
901/628-6330 Cell
email: longwlker@aol.com
Niles Aseret
635 Spike Trail
Murphreesboro, TN 37129
615/896-7928
Jeanie Walkingstick King
P. O. Box 382
Alcoa, TN 37701
865/382-5911 Cell
Jimmy Reedy
3190 Petigap Rd.
McMinnville, TN 38110
931/939-4007 Home
615/467-1513 Work
email: rockinr@blomand.net
Kippy Vaughn
P. O. Box 72
Rockwood, TN 37375
865/354-0398
email: kvaughn65@aol.com
Committee assignment changes will be sent as soon as we have them.
Thanks
Ruth
viernes, 2 de diciembre de 2005
Commission Appointments
All,
The commission appointments have all been made for the Metro area seats as of today Friday.
Doris Tate Trevino- Chattanooga
Jeanie King- Knoxville
Niles Aseret- Nashville
Ruth Knight Allen- Memphis
They have not all taken their oath of office so some will not be voting tomorrow at the Memphis meeting.This is just to inform you that the seats have been appointed.
Vicky Garland TNNAC Vice-Chair
The commission appointments have all been made for the Metro area seats as of today Friday.
Doris Tate Trevino- Chattanooga
Jeanie King- Knoxville
Niles Aseret- Nashville
Ruth Knight Allen- Memphis
They have not all taken their oath of office so some will not be voting tomorrow at the Memphis meeting.This is just to inform you that the seats have been appointed.
Vicky Garland TNNAC Vice-Chair
lunes, 3 de octubre de 2005
NAIA's Circle Of Life NAIA Pow-wow & Fall Festival
Thanks Dale!:
___________________________________
http://www.naiaindiancenter.com/naia_005.htm
Native American Indian Association
Circle Of Life NAIA Pow-wow & Fall Festival
3rd Weekend In October Every Year
Call For Information (615) 232-9179
LONG HUNTER STATE PARK
2910 Hobson Pike Nashville, Tennessee
History: The NAIA annual Pow-Wow has grown to be one of the largest Pow-Wow- east of the Mississippi River. The Pow-Wow consists of three days of activities which include traditional Native Dances with a diversity of Indian regalia in with judged categories; traditional arts and crafts including demonstrations of carving (stone, bone, and totem poles), basket-weaving, beading, and other artistry. A tipi village is erected with historical information and traditional lifestyles described. Demonstrations of ancient Indian games are performed, as well as a variety of storytellers featured.
This unique cultural event offers a rare opportunity for Tennessee's Native American Indians and visitors from all heritages living in Tennessee and surrounding states to come together for a celebration of music, dance and the arts. The NAIA Pow-Wow & Fall Festival also, offers an educational opportunity for the public to discover and learn more about the diversity of American Indian traditions, songs, dance, basket-weaving, carving, games, and other cultural events.
NAIA is extremely proud of its' 24 years of service to the Native American Indian residents of Tennessee, NAIA is an intertribal non-profit organization. The success of this annual event increases each year due to the sponsorships, grants, and increased audiences.
HOW CAN YOU HELP: Monetary donations of support. You can assist us in our commitment to provide free admission to all children on Friday and free admission to all seniors citizens and physically challenged individuals throughout the weekend event. Email or call 615-232-9179 to make a donation. By mail: 230 Spence Lane, Nashville, Tennessee, 37210-3623.
Purchase Advertisement in Pow-Wow-Book. (1/8 pge-1-full page available). Ask about Banner Rates. In addition to distributing to this at the Pow-Wow, we distribute information to all Tennessee Congressmen Senators, and other government staff and agencies because it provides useful information about the American Indian population, especially here in Tennessee.
All donations go directly to the NAIA Education/Scholarship Fund and the NAIA Emergency Relief Assistance Fund. No board members, or volunteer personnel, are paid--we are truly a volunteer organization! With your help we are making a difference. Contact office: naia@bellsouth.net to discuss your support opportunity. Help us help others in Tennessee. Together, we truly can make a difference.
For Pow-Wow information, updates, and directions call, Ray Emanuel at 615-232-9179 and leave a message. Email: naia@bellsouth.net
___________________________________
http://www.naiaindiancenter.com/naia_005.htm
Native American Indian Association
Circle Of Life NAIA Pow-wow & Fall Festival
3rd Weekend In October Every Year
Call For Information (615) 232-9179
LONG HUNTER STATE PARK
2910 Hobson Pike Nashville, Tennessee
History: The NAIA annual Pow-Wow has grown to be one of the largest Pow-Wow- east of the Mississippi River. The Pow-Wow consists of three days of activities which include traditional Native Dances with a diversity of Indian regalia in with judged categories; traditional arts and crafts including demonstrations of carving (stone, bone, and totem poles), basket-weaving, beading, and other artistry. A tipi village is erected with historical information and traditional lifestyles described. Demonstrations of ancient Indian games are performed, as well as a variety of storytellers featured.
This unique cultural event offers a rare opportunity for Tennessee's Native American Indians and visitors from all heritages living in Tennessee and surrounding states to come together for a celebration of music, dance and the arts. The NAIA Pow-Wow & Fall Festival also, offers an educational opportunity for the public to discover and learn more about the diversity of American Indian traditions, songs, dance, basket-weaving, carving, games, and other cultural events.
NAIA is extremely proud of its' 24 years of service to the Native American Indian residents of Tennessee, NAIA is an intertribal non-profit organization. The success of this annual event increases each year due to the sponsorships, grants, and increased audiences.
HOW CAN YOU HELP: Monetary donations of support. You can assist us in our commitment to provide free admission to all children on Friday and free admission to all seniors citizens and physically challenged individuals throughout the weekend event. Email or call 615-232-9179 to make a donation. By mail: 230 Spence Lane, Nashville, Tennessee, 37210-3623.
Purchase Advertisement in Pow-Wow-Book. (1/8 pge-1-full page available). Ask about Banner Rates. In addition to distributing to this at the Pow-Wow, we distribute information to all Tennessee Congressmen Senators, and other government staff and agencies because it provides useful information about the American Indian population, especially here in Tennessee.
All donations go directly to the NAIA Education/Scholarship Fund and the NAIA Emergency Relief Assistance Fund. No board members, or volunteer personnel, are paid--we are truly a volunteer organization! With your help we are making a difference. Contact office: naia@bellsouth.net to discuss your support opportunity. Help us help others in Tennessee. Together, we truly can make a difference.
For Pow-Wow information, updates, and directions call, Ray Emanuel at 615-232-9179 and leave a message. Email: naia@bellsouth.net
domingo, 2 de octubre de 2005
Oct 8, 2005 TnCIA meeting & Agenda
----- Original Message -----
From: Scubasquirrel@aol.com
To: tn-ind@tnind.net
Sent: Monday, September 26, 2005 10:14 PM
Subject: [tn-ind] Next Commission Meeting - Oct. 8, 2005
To all nominees to the Commission:
Congratulations on your elections by the Tennessee Native American Convention. It is wonderful to see new people getting involved with the political area of our community.
For the newly elected, the next TN Commission of Indian Affairs meeting is October 8, 2005 in Knoxville, Tennessee. The meeting will be held at the Tennessee Department of Enviroment and Conservation, 2700 Middlebrook Pike, 10:00 am to 4:00 pm.
This will be a good time for all of us to come to the commission meeting to see what is happening with the commission, see how the meeting is ran, and a way to show the community our commitment to the Commission by attending. This will also be a great opportunity to meet all Commissioners with whom some of us will be serving in the near future.
Hope to see everyone at the meeting.
Shelley Allen
___________________________________________________________
TN Indian Affairs mailing list (tn-ind@tnind.net)
http://www.tnind.net/list/
==================================================================
http://www.state.tn.us/environment/news/ppo/sunshine.php#tcia
TN Commission of Indian Affairs
October 8, 2005
10:00 am -
4:00 pm
Knoxville Field Office
Second Floor Conf. Room
2700 Middlebrook Pike
Knoxville
Agenda:
I. CALL TO ORDER
**Reminder that the public may address the Commission at the appropriate time.
**Those wishing to speak are to sign in and will be acknowledged in that order.
**Introductions
II. OPENING PRAYER
III. REVIEW AND APPROVAL OF MINUTES
IV. TREASURER’S REPORT
V. CORRESPONDENCE
VI. OLD BUSINESS
1. Report of Rules/Bylaws Committee
Standing Rules
Bylaws
Policy Statement
2. Review and updates on actions taken at July 10th Chattanooga meeting.
3. Discuss Revised Recognition Criteria
4. Discuss materials already submitted for recognition
VII. LUNCH
VIII. NEW BUSINESS
1. Adopt the 1990 Recognition Criteria rewording for presentation to Tennessee Legal Department.
2. Discussion of the Chair’s day-to-day responsibilities (Ed Harris)
3. Fund Raising Options
IX. REPORTS AND CONCERNS OF COMMISSIONERS (Commissioners, please prepare a written report to turn in as well as giving a verbal report.)
a. Voting problems and state oversight
b. NA remains and burial issues
c. Commission Ethics
d. Various "NA" groups negotiating with state agencies
e. Health Care
f. NA communication across the state
g. Quarterly NA social activity in center of the state
h. Permits for shows featuring NA items
i. Grants/scholarships (including vocational schools)
j. TCIA web-site job listings
k. Permanent NA holiday during National Native American Indian Month which is November
l. More accurate NA curriculum for schools—NA/s on selection committees
m. The Mascot Issue
X. ANNOUNCEMENTS
XI. PUBLIC COMMENTS
XII. CLOSING PRAYER
XIII. ADJOURNMENT
From: Scubasquirrel@aol.com
To: tn-ind@tnind.net
Sent: Monday, September 26, 2005 10:14 PM
Subject: [tn-ind] Next Commission Meeting - Oct. 8, 2005
To all nominees to the Commission:
Congratulations on your elections by the Tennessee Native American Convention. It is wonderful to see new people getting involved with the political area of our community.
For the newly elected, the next TN Commission of Indian Affairs meeting is October 8, 2005 in Knoxville, Tennessee. The meeting will be held at the Tennessee Department of Enviroment and Conservation, 2700 Middlebrook Pike, 10:00 am to 4:00 pm.
This will be a good time for all of us to come to the commission meeting to see what is happening with the commission, see how the meeting is ran, and a way to show the community our commitment to the Commission by attending. This will also be a great opportunity to meet all Commissioners with whom some of us will be serving in the near future.
Hope to see everyone at the meeting.
Shelley Allen
___________________________________________________________
TN Indian Affairs mailing list (tn-ind@tnind.net)
http://www.tnind.net/list/
==================================================================
http://www.state.tn.us/environment/news/ppo/sunshine.php#tcia
TN Commission of Indian Affairs
October 8, 2005
10:00 am -
4:00 pm
Knoxville Field Office
Second Floor Conf. Room
2700 Middlebrook Pike
Knoxville
Agenda:
I. CALL TO ORDER
**Reminder that the public may address the Commission at the appropriate time.
**Those wishing to speak are to sign in and will be acknowledged in that order.
**Introductions
II. OPENING PRAYER
III. REVIEW AND APPROVAL OF MINUTES
IV. TREASURER’S REPORT
V. CORRESPONDENCE
VI. OLD BUSINESS
1. Report of Rules/Bylaws Committee
Standing Rules
Bylaws
Policy Statement
2. Review and updates on actions taken at July 10th Chattanooga meeting.
3. Discuss Revised Recognition Criteria
4. Discuss materials already submitted for recognition
VII. LUNCH
VIII. NEW BUSINESS
1. Adopt the 1990 Recognition Criteria rewording for presentation to Tennessee Legal Department.
2. Discussion of the Chair’s day-to-day responsibilities (Ed Harris)
3. Fund Raising Options
IX. REPORTS AND CONCERNS OF COMMISSIONERS (Commissioners, please prepare a written report to turn in as well as giving a verbal report.)
a. Voting problems and state oversight
b. NA remains and burial issues
c. Commission Ethics
d. Various "NA" groups negotiating with state agencies
e. Health Care
f. NA communication across the state
g. Quarterly NA social activity in center of the state
h. Permits for shows featuring NA items
i. Grants/scholarships (including vocational schools)
j. TCIA web-site job listings
k. Permanent NA holiday during National Native American Indian Month which is November
l. More accurate NA curriculum for schools—NA/s on selection committees
m. The Mascot Issue
X. ANNOUNCEMENTS
XI. PUBLIC COMMENTS
XII. CLOSING PRAYER
XIII. ADJOURNMENT
Second Request for Letters of Support for Pinson Mounds
http://groups.yahoo.com/group/TennesseeAncientSites/
Request for Letters of Support for Pinson Mounds / Little Cedar Mountain / Two Rivers Mounds, etc.
Write letters to the Governor, your State representatives in both the House and Senate, write to your federal representatives also.
http://www.legislature.state.tn.us/
http://www.firstgov.gov/Agencies/Federal/Legislative.shtml
AND send a copy of your letters to Mark Tolley
Tennessee Ancient Sites Conservancy
----- Original Message -----
From: Mark Tolley
To: tolleymm@yahoo.com
Sent: Saturday, October 01, 2005 7:26 PM
Subject: Second Request for Letters of Support for Pinson Mounds
We are sending a second request for letters of support for the Department of Agriculture's Division of Forestry to leave the Western Mound Group of the Pinson Mounds complex. For those of you who have already written, thank you, your letters have already made it to the Governor's office. For those of you who haven't sent letters of support, we need them as soon as possible. If there is any reason you are hesitant to write a letter, I am available to take your calls to discuss any concerns you may have. You may reach me at 615-573-4611 or 615-298-4347. Please set time aside today to make a difference.
Mark M. Tolley
Tennessee Ancient Sites Conservancy
Request for Letters of Support for Pinson Mounds / Little Cedar Mountain / Two Rivers Mounds, etc.
Write letters to the Governor, your State representatives in both the House and Senate, write to your federal representatives also.
http://www.legislature.state.tn.us/
http://www.firstgov.gov/Agencies/Federal/Legislative.shtml
AND send a copy of your letters to Mark Tolley
Tennessee Ancient Sites Conservancy
----- Original Message -----
From: Mark Tolley
To: tolleymm@yahoo.com
Sent: Saturday, October 01, 2005 7:26 PM
Subject: Second Request for Letters of Support for Pinson Mounds
We are sending a second request for letters of support for the Department of Agriculture's Division of Forestry to leave the Western Mound Group of the Pinson Mounds complex. For those of you who have already written, thank you, your letters have already made it to the Governor's office. For those of you who haven't sent letters of support, we need them as soon as possible. If there is any reason you are hesitant to write a letter, I am available to take your calls to discuss any concerns you may have. You may reach me at 615-573-4611 or 615-298-4347. Please set time aside today to make a difference.
Mark M. Tolley
Tennessee Ancient Sites Conservancy
Indian News - 2005 Eagle Awards
----- Original Message -----
From: VickySpitsFire Garland
To: tn-ind@tnind.net
Sent: Sunday, October 02, 2005 4:07 PM
Subject: [tn-ind] Indian News
All,
I hope I do not step on any toes but I thought something should be
released about the 2005 Eagle Awards. So here you go.Vicky
The 2005 Native American Eagle Awards
The 2005 Eagle Awards Banquet was Saturday October 1, at the Renaissance
Center in Dickson Tennessee. The awards are sponsored by The Natchez Trace
Powwow and the Tennessee Native American Eagle award Committee. This year's
winners are:
Mark Cantrell - Leiper's Fork
Valerie Brestel-Ohle - Knoxville
Tanasi Thunder Drum - Members across the State
Floyd Ayers - Winchester
Jesse Garland - Lawrenceburg
Debra Cummins - Hermitage
Shelia Jones - Lyles
Tony McClure
Pamela Pry - Crossville
April Cantrell - Leiper's Fork
Marion Dunn (Post Humus)
Tom kunesh - Chattanooga
And a special Jr. Award certificate for the Leiper's Fork Little Princess
Teah Plumlee who took her money from Powwows and took up other donations to
buy toys for the children in Louisiana.
___________________________________________________________
TN Indian Affairs mailing list (tn-ind@tnind.net)
http://www.tnind.net/list/
From: VickySpitsFire Garland
To: tn-ind@tnind.net
Sent: Sunday, October 02, 2005 4:07 PM
Subject: [tn-ind] Indian News
All,
I hope I do not step on any toes but I thought something should be
released about the 2005 Eagle Awards. So here you go.Vicky
The 2005 Native American Eagle Awards
The 2005 Eagle Awards Banquet was Saturday October 1, at the Renaissance
Center in Dickson Tennessee. The awards are sponsored by The Natchez Trace
Powwow and the Tennessee Native American Eagle award Committee. This year's
winners are:
Mark Cantrell - Leiper's Fork
Valerie Brestel-Ohle - Knoxville
Tanasi Thunder Drum - Members across the State
Floyd Ayers - Winchester
Jesse Garland - Lawrenceburg
Debra Cummins - Hermitage
Shelia Jones - Lyles
Tony McClure
Pamela Pry - Crossville
April Cantrell - Leiper's Fork
Marion Dunn (Post Humus)
Tom kunesh - Chattanooga
And a special Jr. Award certificate for the Leiper's Fork Little Princess
Teah Plumlee who took her money from Powwows and took up other donations to
buy toys for the children in Louisiana.
___________________________________________________________
TN Indian Affairs mailing list (tn-ind@tnind.net)
http://www.tnind.net/list/
Chattanooga -- Indian Summer Days
----- Original Message -----
From: tom kunesh
To: TN Indian Affairs list
Sent: Sunday, October 02, 2005 11:45 AM
Subject: [tn-ind] Indian Summer Days
Chattanooga -- Indian Summer Days is a fall celebration of the Chattanooga area's Native American and Pioneer heritage through skills such as dances, storytelling and music, held at the Audubon Acres' nature preserve next Saturday and Sunday, 8-9 October 2005, 10 am til dusk.
Host drum will be Thunder Heart Singers. Cherokee singer-song writer and Eagle Award winner Jamie Russell will be performing and demonstrating. Mike Serna, an Apache flutist, will also be performing ballads and serenades. Artisans will exhibit various skills such as woodcarving, mask making, basket making and flint knapping to visitors. Sunday will feature demonstrations of Native American games of skill. Visitors will be invited to join the games of stickball, Cherokee marbles, chunky, etc.
Indian Summer Days provides a cultural immersion for visitors who want to learn more about Native American and Pioneer cultures.
One-day tickets are $5 for adults, $4 for Senior Citizens, $3 for children ages 5 to 12, and free for children under 5 years of age.
Two-day tickets are $8 for adults, $6 for Senior Citizens, $5 for children ages 5 to 12, and free for children under 5 years of age.
Tickets may be purchased in advance at Audubon Acres.
The Chattanooga Audubon Society is a nonprofit organization whose mission is to educate and promote an understanding of the responsibility of all individuals to preserve and protect our environment, cultural, and historical resources through programming and stewardship. This event is co-sponsored by the Native American Fireside Chat group which meets the 3rd Friday of every month at Audubon Acres.
Directions: I-75 Exit 3A to East Brainerd Road; Go East on East Brainerd
Road; Turn Right on Gunbarrel Road; follow the signs to Audubon Acres.
Chattanooga Audubon Society/Audubon Acres
900 N. Sanctuary Road
Chattanooga TN 37421
423 892-1499
caudubonS@aol.com
http://www.audubonchattanooga.org
___________________________________________________________
TN Indian Affairs mailing list (tn-ind@tnind.net)
http://www.tnind.net/list/
From: tom kunesh
To: TN Indian Affairs list
Sent: Sunday, October 02, 2005 11:45 AM
Subject: [tn-ind] Indian Summer Days
Chattanooga -- Indian Summer Days is a fall celebration of the Chattanooga area's Native American and Pioneer heritage through skills such as dances, storytelling and music, held at the Audubon Acres' nature preserve next Saturday and Sunday, 8-9 October 2005, 10 am til dusk.
Host drum will be Thunder Heart Singers. Cherokee singer-song writer and Eagle Award winner Jamie Russell will be performing and demonstrating. Mike Serna, an Apache flutist, will also be performing ballads and serenades. Artisans will exhibit various skills such as woodcarving, mask making, basket making and flint knapping to visitors. Sunday will feature demonstrations of Native American games of skill. Visitors will be invited to join the games of stickball, Cherokee marbles, chunky, etc.
Indian Summer Days provides a cultural immersion for visitors who want to learn more about Native American and Pioneer cultures.
One-day tickets are $5 for adults, $4 for Senior Citizens, $3 for children ages 5 to 12, and free for children under 5 years of age.
Two-day tickets are $8 for adults, $6 for Senior Citizens, $5 for children ages 5 to 12, and free for children under 5 years of age.
Tickets may be purchased in advance at Audubon Acres.
The Chattanooga Audubon Society is a nonprofit organization whose mission is to educate and promote an understanding of the responsibility of all individuals to preserve and protect our environment, cultural, and historical resources through programming and stewardship. This event is co-sponsored by the Native American Fireside Chat group which meets the 3rd Friday of every month at Audubon Acres.
Directions: I-75 Exit 3A to East Brainerd Road; Go East on East Brainerd
Road; Turn Right on Gunbarrel Road; follow the signs to Audubon Acres.
Chattanooga Audubon Society/Audubon Acres
900 N. Sanctuary Road
Chattanooga TN 37421
423 892-1499
caudubonS@aol.com
http://www.audubonchattanooga.org
___________________________________________________________
TN Indian Affairs mailing list (tn-ind@tnind.net)
http://www.tnind.net/list/
jueves, 22 de septiembre de 2005
TNNAConvention - Delegate Notice: 2 Days Away
----- Original Message -----
From: tom kunesh
To: TN Indian Affairs list
Sent: Wednesday, September 14, 2005 7:01 PM
Subject: [tn-ind] TNNAConvention - Delegate Notice
10 days away!
TNNAC Delegate Notice
----------------------------------------------------------------
Tennessee Native American Convention • Saturday, 24 September
at Little Cedar Mountain, Marion County, North Pavilion,
TVA Shellmound Recreation Area, Nickajack Dam, I-24, Exit 158
on the Tennessee River, 30 miles west of Chattanooga
Combined caucuses' delegates (www.tnnac.org/2005delegates.html)
select metro-area nominees and their order of nomination to the state
for potential appointment to the Commission of Indian Affairs, and
vote on one referendum and the site of the 2007 Convention.
Schedule (All times are Central Time.)
------------------------------------------------------------------------
8:00 - 9:00 am Delegate Registration / Meet & Greet the candidates
9:00 - 9:05 Convention opens
9:05 - 9:30 Convention staff approval, agenda approval,
introduction of candidates, brief review of TNNAC
requirement, of state's requirements, required
majority, ability to vote no or abstain.
9:30 Delegate Registration Closes
9:30 - 10:05 Memphis (2 candidates)
10:05 - 10:35 Nashville (2 candidates)
10:35 - 11:10 Chattanooga (3 candidates)
11:10 - 11:45 Knoxville (3 candidates)
11:45 Convention recess
11:45 - 12:30 lunch
12:30 Convention reassembles
12:30 - 12:45 Human Rights Commission (1 candidate)
12:45 - 1:00 Historical Commission (1 candidate)
1:00 - 1:15 Referendum on "Caucus Areas"
1:15 - 1:30 2007 Convention Site nomination:
Long Hunter State Park, Hermitage
1:30 Convention adjourns
------------------------------------------------------------------------
Bring: Identification, pen or pencil; we’ll be outside: sun shade, chair, sun-screen, pop-up tent, and $5 for lunch.
Beverages (water & soda) will be provided free of charge by
the Tennessee Trail of Tears of Association (www.tntota.org).
Subway sandwiches and chips will be served for lunch at a cost of $5.
Overnight camping Friday & Saturday available at TVA Shellmound Recreation Area ($10-$20/night).
plain campsites are $15/night, campsites w/electricity are $20/night.
security gates are locked at 10pm until 6am.
there's also a "primitive area" that's just a little farther away (more privacy) that costs, i believe, $10/night.
Motel accomodations at the Acuff Country Inn, I-24, Exit 155 - acuffcountryinn.com
... Exit 158 / Hwy 27 - Nickajack Dam / Powells Crossroads.
look for the "TNNAC" signs.
caucus results: http://www.tnnac.org/2005_caucus_results.html
Indian Affairs Commissioner-nominees
1. Memphis (Allen, Allen)
2. Nashville (Aseret, Teat)
3. Chattanooga (Anderson, kunesh, Tate)
4. Knoxville (Fickenworth, King, Ohle)
Other State Commissions
1. Human Rights (Anderson)
2. Historical (Tate)
referendum
1. "Caucus Areas"
2007 Convention site
1. Long Hunter State Park, Hermitage TN
website: http://www.tnnac.org
------------------------------------------------------------------------
check the weather: 10 Day Forecast for Jasper TN (37347)
http://www.weather.com/activities/other/other/weather/tenday.html?locid=37347&from=36hr_topnav_undeclared
24 September
AVERAGES
Hi 80°F
Lo 56°F
From: tom kunesh
To: TN Indian Affairs list
Sent: Wednesday, September 14, 2005 7:01 PM
Subject: [tn-ind] TNNAConvention - Delegate Notice
10 days away!
TNNAC Delegate Notice
----------------------------------------------------------------
Tennessee Native American Convention • Saturday, 24 September
at Little Cedar Mountain, Marion County, North Pavilion,
TVA Shellmound Recreation Area, Nickajack Dam, I-24, Exit 158
on the Tennessee River, 30 miles west of Chattanooga
Combined caucuses' delegates (www.tnnac.org/2005delegates.html)
select metro-area nominees and their order of nomination to the state
for potential appointment to the Commission of Indian Affairs, and
vote on one referendum and the site of the 2007 Convention.
Schedule (All times are Central Time.)
------------------------------------------------------------------------
8:00 - 9:00 am Delegate Registration / Meet & Greet the candidates
9:00 - 9:05 Convention opens
9:05 - 9:30 Convention staff approval, agenda approval,
introduction of candidates, brief review of TNNAC
requirement, of state's requirements, required
majority, ability to vote no or abstain.
9:30 Delegate Registration Closes
9:30 - 10:05 Memphis (2 candidates)
10:05 - 10:35 Nashville (2 candidates)
10:35 - 11:10 Chattanooga (3 candidates)
11:10 - 11:45 Knoxville (3 candidates)
11:45 Convention recess
11:45 - 12:30 lunch
12:30 Convention reassembles
12:30 - 12:45 Human Rights Commission (1 candidate)
12:45 - 1:00 Historical Commission (1 candidate)
1:00 - 1:15 Referendum on "Caucus Areas"
1:15 - 1:30 2007 Convention Site nomination:
Long Hunter State Park, Hermitage
1:30 Convention adjourns
------------------------------------------------------------------------
Bring: Identification, pen or pencil; we’ll be outside: sun shade, chair, sun-screen, pop-up tent, and $5 for lunch.
Beverages (water & soda) will be provided free of charge by
the Tennessee Trail of Tears of Association (www.tntota.org).
Subway sandwiches and chips will be served for lunch at a cost of $5.
Overnight camping Friday & Saturday available at TVA Shellmound Recreation Area ($10-$20/night).
plain campsites are $15/night, campsites w/electricity are $20/night.
security gates are locked at 10pm until 6am.
there's also a "primitive area" that's just a little farther away (more privacy) that costs, i believe, $10/night.
Motel accomodations at the Acuff Country Inn, I-24, Exit 155 - acuffcountryinn.com
... Exit 158 / Hwy 27 - Nickajack Dam / Powells Crossroads.
look for the "TNNAC" signs.
caucus results: http://www.tnnac.org/2005_caucus_results.html
Indian Affairs Commissioner-nominees
1. Memphis (Allen, Allen)
2. Nashville (Aseret, Teat)
3. Chattanooga (Anderson, kunesh, Tate)
4. Knoxville (Fickenworth, King, Ohle)
Other State Commissions
1. Human Rights (Anderson)
2. Historical (Tate)
referendum
1. "Caucus Areas"
2007 Convention site
1. Long Hunter State Park, Hermitage TN
website: http://www.tnnac.org
------------------------------------------------------------------------
check the weather: 10 Day Forecast for Jasper TN (37347)
http://www.weather.com/activities/other/other/weather/tenday.html?locid=37347&from=36hr_topnav_undeclared
24 September
AVERAGES
Hi 80°F
Lo 56°F
miércoles, 24 de agosto de 2005
The Cherokee Nation History Course
comes to Chattanooga
Sponsored by the Tennessee Chapter of the Trail of Tears,This 32-hour seminar was developed by Principal Chief Chad Smith, former Director of Justice of the Cherokee Nation. Chief Smith believed that a stronger awareness of Cherokee History could assist tribal employees, and all CHerokees, to a better understanding of themselves and their relationship to a reawakening Cherokee Nation.
the Cherokee Nation and Chattanooga State
Chief Smith compiled legal, political and social documents and developed the text that is used for this course. As a tribal planner, educator and attorney, Chief Smith has contributed a multitude of perspectives in developing this course.
Dr Julia Coates was recruited to teach the Cherokee nation History Course to more than 1800 tribal employees of the Cherokee Nation, as well as members of diverse Cherokee communities.
Dr Coates brings a background in research and activism to this course, as well as experience in the fields of Anthropology and Native American Studies. Her analysis has proposed new interpretations of Cherokee history that challenge the prevailing themes. Between Chief Smith's legal and political perspectives and Dr Coates' social and cultural interpretation, the Cherokee Nation History Course offers a fresh, innovative and well-rounded study of tribal past.
Speaker: Dr Julia Coates
$40 (fee includes textbook)
Saturday & Sunday, Oct. 29 - Nov. 13, 9:00 a.m. - 6:00 p.m.
Chattanooga State Technical Community College
Call (423) 697-3100 to register.
martes, 23 de agosto de 2005
indian health care in tennessee
A lot of comments have been made about the lack of health care for Native Americans in Tennessee, and the need to do something about it. The problem is that all of the information we have about health care concerns have been anecdotal (stories about so-and-so being sick or getting kicked off of TennCare) and isolated (no groups of same-area individuals), ie, there's no state-wide information based on real information of any more than a very few individuals.
If we really want to do something about health care for indians in this state, then we have to understand the health care issues of Native Americans in Tennessee. To do that, some group or some body is going to have to start keeping track of indians in this state and their specific health care issues, including names, addresses, problems/issues, treatment (or lack thereof), resolution (or lack thereof), insurance (private, public, or lack thereof), tribal affiliation and status, etc., from individuals themselves and from county health departments and the state.
In keeping with their missions, the Commission of Indian Affairs (4-34-103. "Powers and duties. It is the duty of the commission to: ... (2) Investigate relief needs of Indians of Tennessee and to provide technical assistance in the preparation of plans for the alleviation of such needs;")
or the Advisory Council (ACTIA) ("ARTICLE 3. DUTIES It is the duty of the Advisory Council on Tennessee Indian Affairs to: ... (3) Investigate needs of Indians of Tennessee and to provide technical assistance in the preparation of plans for the alleviation of such needs;" and "3. The Health Care Committee"), or both,
ought to initiate a survey next year asking every person who self-identifies as indian to fill out some basic information about health care, specifically about health and health insurance status. These forms could be distributed at every indian event around the state, and the state Department of Health, and/or a university with a public health interest (like Vanderbilt or the Center for American Indian and Alaskan Native Health at Johns Hopkins University, School of Public Health), or a private organization (eg, www.tpha.info) could be used to process and interpret the data.
Health care needs, both short- and long-term, are met, for the most part, by medical insurance, usually obtained through employers or public health care plans like TennCare or Medicare or the Indian Health Service. If we want to figure out if these programs suffice for the indian population in the state, we first have to determine who in the indian community is being served and who isn't. It's time for the Commission and ACTIA to investigate these assumed health-care needs.
;>
__________________________________________________________
The way one avoids making mistakes is
to do nothing or to do nothing new.
-DB
If we really want to do something about health care for indians in this state, then we have to understand the health care issues of Native Americans in Tennessee. To do that, some group or some body is going to have to start keeping track of indians in this state and their specific health care issues, including names, addresses, problems/issues, treatment (or lack thereof), resolution (or lack thereof), insurance (private, public, or lack thereof), tribal affiliation and status, etc., from individuals themselves and from county health departments and the state.
In keeping with their missions, the Commission of Indian Affairs (4-34-103. "Powers and duties. It is the duty of the commission to: ... (2) Investigate relief needs of Indians of Tennessee and to provide technical assistance in the preparation of plans for the alleviation of such needs;")
or the Advisory Council (ACTIA) ("ARTICLE 3. DUTIES It is the duty of the Advisory Council on Tennessee Indian Affairs to: ... (3) Investigate needs of Indians of Tennessee and to provide technical assistance in the preparation of plans for the alleviation of such needs;" and "3. The Health Care Committee"), or both,
ought to initiate a survey next year asking every person who self-identifies as indian to fill out some basic information about health care, specifically about health and health insurance status. These forms could be distributed at every indian event around the state, and the state Department of Health, and/or a university with a public health interest (like Vanderbilt or the Center for American Indian and Alaskan Native Health at Johns Hopkins University, School of Public Health), or a private organization (eg, www.tpha.info) could be used to process and interpret the data.
Health care needs, both short- and long-term, are met, for the most part, by medical insurance, usually obtained through employers or public health care plans like TennCare or Medicare or the Indian Health Service. If we want to figure out if these programs suffice for the indian population in the state, we first have to determine who in the indian community is being served and who isn't. It's time for the Commission and ACTIA to investigate these assumed health-care needs.
;>
__________________________________________________________
The way one avoids making mistakes is
to do nothing or to do nothing new.
-DB
domingo, 26 de junio de 2005
PRELIMINARY 2005 TNNAC caucus results
----- Original Message -----
From: VickySpitsFire Garland
To: tn-ind@tnind.net
Sent: Sunday, June 26, 2005 3:05 AM
Subject: [tn-ind] PRELIMINARY 2005 TNNAC caucus results
All,
This is the PRELIMINARY 2005 TNNAC caucus results. At::
http://www.tnnac.org/2005_prelim_caucus_results.html
_______________________________________________
tn-ind mailing list
tn-ind@tnind.net
http://mail.tnind.net/mailman/listinfo/tn-ind_tnind.net
=========================================================================
http://www.tnnac.org/2005_prelim_caucus_results.html
These results are preliminary and have not been reviewed by the TNNAC board.
-------
Voting places & voter turn-out for 2005
Memphis - 22
Jackson - 15
Nashville - 14
Manchester - 20
Chattanooga - 18
Knoxville - 4
Greeneville - 17
2005 Total Caucus Voter Turn-out: 110
----
It would be interesting to compare this voter turn-out with the previous caucus' turn-out. Does anyone have that information?
And apparently the "One Board" referendum's preliminary report is that it failed to pass: 69 rejected versus 41 approved.
Donna
From: VickySpitsFire Garland
To: tn-ind@tnind.net
Sent: Sunday, June 26, 2005 3:05 AM
Subject: [tn-ind] PRELIMINARY 2005 TNNAC caucus results
All,
This is the PRELIMINARY 2005 TNNAC caucus results. At::
http://www.tnnac.org/2005_prelim_caucus_results.html
_______________________________________________
tn-ind mailing list
tn-ind@tnind.net
http://mail.tnind.net/mailman/listinfo/tn-ind_tnind.net
=========================================================================
http://www.tnnac.org/2005_prelim_caucus_results.html
These results are preliminary and have not been reviewed by the TNNAC board.
-------
Voting places & voter turn-out for 2005
Memphis - 22
Jackson - 15
Nashville - 14
Manchester - 20
Chattanooga - 18
Knoxville - 4
Greeneville - 17
2005 Total Caucus Voter Turn-out: 110
----
It would be interesting to compare this voter turn-out with the previous caucus' turn-out. Does anyone have that information?
And apparently the "One Board" referendum's preliminary report is that it failed to pass: 69 rejected versus 41 approved.
Donna
jueves, 23 de junio de 2005
Referendum " One Board"
I am the Author and Sponser for the One Board referendum. I put it out there with alot of hard work rounding up signatures from all three grand divisions, to let the people have a vote on what happens in their politics. Nothing more, nothing less. Just let the people have a vote. That is what we do. I am elected by the people to represent them, to do as I feel they would want me too. So I go back and ask them what they want done. This has been a question for many years now, how can someone sit on all the different boards and be objective. So let the people decide. That is all I have to say about that.Vicky
2 Days to Go
2 Days to go.
All,
Are you getting ready to Vote on Saturday June 25, 2005. This is your chance to make your voice heard. Go out to one of the seven area caucuses and VOTE. Don't sit home and fuss about who is in what position. Get up and go Vote, elect who you want, that is a applicant to that position.
This is your chance to express your choices use it wisely, VOTE.www.tnnac.org
All,
Are you getting ready to Vote on Saturday June 25, 2005. This is your chance to make your voice heard. Go out to one of the seven area caucuses and VOTE. Don't sit home and fuss about who is in what position. Get up and go Vote, elect who you want, that is a applicant to that position.
This is your chance to express your choices use it wisely, VOTE.www.tnnac.org
miércoles, 22 de junio de 2005
Vote 'No' on the "One Board" referendum
> 2. One Board
> ----------------------------------------------------------------------------
> Whereas: The number of people involved in the politics of the Indian community in the State of Tennessee has improved since we started in 2001 and, the Indian Community has 3 separate Organizations working together in the process. The Tennessee Native American Convention (TNNAC) who holds elections and sends a list of names to the State to fill the positions and, the Tennessee Commission of Indian Affairs (TCIA) are selected from the names submitted by TNNAC for the TCIA seats and, the Advisory Council of Tennessee Indian Affairs are also selected from names submitted by TNNAC and the TNNAC board members are selected in this process also.
>
> Whereas: It appears improper for a person sitting on an election commission (TNNAC) to be able to hold his own elections if running for TCIA or ACTIA seat and, all these organizations are separate entities,
>
> Whereas: We feel that sitting on more than one of these boards presents a conflict of interest.
>
> Therefore: Be it resolved that no individual shall sit on more than one (1) of these boards/Commissions/ organizations at a time; Tennessee Native American Convention (TNNAC), Advisory Council (ACTIA), and Commission of Indian Affairs (TCIA). If you are appointed to said Board/Commission/Organization then you would have to give up any seat on the others.
Vote 'No' on the "One Board" referendum
-----------------------------------------------------------
The purpose of this referendum is to eliminate the possibility of any person serving on more than one of three boards, the Commission of Indian Affairs (TCIA), the Advisory Council on Tennessee Indian Affairs (ACTIA), and the Tennessee Native American Convention (TNNAC).
Both the Advisory Council (ACTIA) and TNNAC already have bylaws that disallow the Commissioners from sitting on these boards:
---
Given that ACTIA and TNNAC both already disallow Commissioner membership, then the resolution proposes -no change- regarding Commissioner status in those organizations.
That leaves ACTIA and TNNAC ... and ACTIA already disallows TNNAC officers from ACTIA membership.
So the only net change this referendum proposes is disallowing dual membership in ACTIA and TNNAC. Currently there are only two persons who have dual membership in ACTIA and TNNAC, neither of whom is an officer in either organization: Sandi Perry of Nashville and tom kunesh of Chattanooga.
This resolution is the equivalent of trying to drive a screw into wood using a sledgehammer: it's using the wrong tool and the wrong amount of force.
First, - is there a problem? Have either the Nashville or Chattanooga caucuses complained that they are over- or under-represented by these two people serving on both ACTIA and TNNAC? No. Have either ACTIA or TNNAC complained that either of these two people over- or under-represent their caucuses' interests? No. If there's no complaint from these caucuses or organizations about their representation, what is the issue? Are other caucuses complaining that Nashville and Chattanooga are under- or over-represented by these two people? No. If there's no complaint, what is the issue?
Second, - should the Convention be attempting to resolve a non-problem? No.
If it ain't broke, don't fix it. Meddling in organizations in which there is no actual problem is just plain wrong. It also sets a dangerous precedent of the Convention attempting to control organizations without a demonstrable problem.
Third, - who should appropriately fix the problem if one occurs? ACTIA and TNNAC already foresaw the problem of Commissioners on their boards and prohibit Commissioners from being members of their boards. A simple solution made by the organizations themselves. If and when a problem occurs, expect the organizations themselves to fix it. If the problem continues to exist, -then- propose a solution.
Fourth, "the number of people involved in the politics of the Indian community in the State of Tennessee" has -not- improved since 2003. And this year there are actually fewer candidates, and only one person who hasn't served on any of the three organizations before. In 2005 there are 14 persons running for 37 possible positions (4 commissioner-nominee positions in 4 caucuses = 16; 3 ACTIA positions in 4 caucuses = 12; 1 TNNAC position in all 7 caucuses = 7; and 2 state commission nominations). While there may be more internet political commentary in 2005 than in 2001, there is approximately the same number of -committed- people involved in statewide indian political representation - about 35.
There are 47 possible positions to fill in the TNCIA, ACTIA and TNNAC (7 Commissioners; 24 ACTIA, 16 TNNAC). Of these 47 positions, only 24 are filled by active members. That's a 48% -vacancy- of _committed_ people who are _active_ in statewide indian political representation. Until more people get actively involved it seems a silly proposal to tell 2 of the 24 that they can't be as actively involved as they have offered ... not because of any actual problem but just because, well, it seems that they may be -too- involved for too long ... since before the old Commission was sunset. There are more political -critics- today than in 2001, but not more willing political representatives.
Fifth, while the argument contained in the referendum refers to an "improper" "appear"ance, and a "feel"ing of "conflict of interest", no actual impropriety or conflict of interest has been demonstrated. "Appearance" and a "feeling" are insufficient reasons to meddle in the affairs of two organizations that have served the Indian community well these past four years.
Sixth, since there is no actual problem specified, and since there are only two persons whom this proposed rule change would affect, the "problem" appears to be personal: some folks don't like Sandi Perry and/or tom kunesh serving on these two boards. The "problem" is that their caucuses elected them to serve double duty, and they have and are serving their caucuses in these positions. The "problem" was thus created by their respective caucuses, not by ACTIA or TNNAC. - Who should choose who represents the caucus on the ACTIA and TNNAC boards? The Convention? No. The caucuses themselves. That's why the caucus elections of ACTIA and TNNAC board members begin and end at the local caucus: caucuses elect their ACTIA and TNNAC representatives, not the Convention. If the caucuses want different people serving on the two different boards, then the caucus should elect different people to the two boards. And if a caucus wants the same person doing double duty, - why should the Convention interfere in the decision-making? Let the caucus decide its own representatives. If and when "the number of people involved in the politics of the" local caucus increases, the responsibilities will be spread out. Til then, don't penalize Nashville and Chattanooga for having a couple of dedicated ACTIA and TNNAC board members. Sandi Perry and tom kunesh are both running for ACTIA and TNNAC board positions again this election. The solution is easy: let the Nashville and Chattanooga caucuses decide on their own representation to ACTIA and TNNAC.
Seventh, a summary. Appearances and feelings aside, there is no actual problem that this referendum addresses. Until there is an actual problem, the Convention should not meddle in local caucus and organizations' affairs. There are no Commissioners on either of the ACTIA or TNNAC boards, and both ACTIA and TNNAC have rules against Commissioners being members of their boards, making Commissioner involvement in ACTIA and TNNAC a non-issue. Local representation is a local issue and the organizations' issue; it is not the Convention's place to be deciding who the caucus can or cannot elect to best represent their interests. When more people get actively involved in political representation at the caucus level, the local ACTIA and TNNAC positions will more than likely be filled by different people. Easy: let it happen naturally, as the caucuses and organizations themselves feel the need.
Vote 'No' on the "One Board" referendum
> ----------------------------------------------------------------------------
> Whereas: The number of people involved in the politics of the Indian community in the State of Tennessee has improved since we started in 2001 and, the Indian Community has 3 separate Organizations working together in the process. The Tennessee Native American Convention (TNNAC) who holds elections and sends a list of names to the State to fill the positions and, the Tennessee Commission of Indian Affairs (TCIA) are selected from the names submitted by TNNAC for the TCIA seats and, the Advisory Council of Tennessee Indian Affairs are also selected from names submitted by TNNAC and the TNNAC board members are selected in this process also.
>
> Whereas: It appears improper for a person sitting on an election commission (TNNAC) to be able to hold his own elections if running for TCIA or ACTIA seat and, all these organizations are separate entities,
>
> Whereas: We feel that sitting on more than one of these boards presents a conflict of interest.
>
> Therefore: Be it resolved that no individual shall sit on more than one (1) of these boards/Commissions/ organizations at a time; Tennessee Native American Convention (TNNAC), Advisory Council (ACTIA), and Commission of Indian Affairs (TCIA). If you are appointed to said Board/Commission/Organization then you would have to give up any seat on the others.
Vote 'No' on the "One Board" referendum
-----------------------------------------------------------
The purpose of this referendum is to eliminate the possibility of any person serving on more than one of three boards, the Commission of Indian Affairs (TCIA), the Advisory Council on Tennessee Indian Affairs (ACTIA), and the Tennessee Native American Convention (TNNAC).
Both the Advisory Council (ACTIA) and TNNAC already have bylaws that disallow the Commissioners from sitting on these boards:
and
BYLAWS OF THE TENNESSEE NATIVE AMERICAN CONVENTION (TNNAC)
ARTICLE 4. MEMBERSHIP
(5) In order to avoid any perception of a possible conflict of interest, no Commissioner of Indian Affairs shall be a member of TNNAC nor shall s/he be a caucus officer for the duration of his/her appointed two-year term.
By-Laws of the Advisory Council on Tennessee Indian Affairs (ACTIA)
ARTICLE 4. MEMBERSHIP
(5) No Commissioner of Indian Affairs shall be a member of ACTIA, and no officer of the Tennessee Native American Convention shall be an officer of ACTIA.
---
Given that ACTIA and TNNAC both already disallow Commissioner membership, then the resolution proposes -no change- regarding Commissioner status in those organizations.
That leaves ACTIA and TNNAC ... and ACTIA already disallows TNNAC officers from ACTIA membership.
So the only net change this referendum proposes is disallowing dual membership in ACTIA and TNNAC. Currently there are only two persons who have dual membership in ACTIA and TNNAC, neither of whom is an officer in either organization: Sandi Perry of Nashville and tom kunesh of Chattanooga.
This resolution is the equivalent of trying to drive a screw into wood using a sledgehammer: it's using the wrong tool and the wrong amount of force.
First, - is there a problem? Have either the Nashville or Chattanooga caucuses complained that they are over- or under-represented by these two people serving on both ACTIA and TNNAC? No. Have either ACTIA or TNNAC complained that either of these two people over- or under-represent their caucuses' interests? No. If there's no complaint from these caucuses or organizations about their representation, what is the issue? Are other caucuses complaining that Nashville and Chattanooga are under- or over-represented by these two people? No. If there's no complaint, what is the issue?
Second, - should the Convention be attempting to resolve a non-problem? No.
If it ain't broke, don't fix it. Meddling in organizations in which there is no actual problem is just plain wrong. It also sets a dangerous precedent of the Convention attempting to control organizations without a demonstrable problem.
Third, - who should appropriately fix the problem if one occurs? ACTIA and TNNAC already foresaw the problem of Commissioners on their boards and prohibit Commissioners from being members of their boards. A simple solution made by the organizations themselves. If and when a problem occurs, expect the organizations themselves to fix it. If the problem continues to exist, -then- propose a solution.
Fourth, "the number of people involved in the politics of the Indian community in the State of Tennessee" has -not- improved since 2003. And this year there are actually fewer candidates, and only one person who hasn't served on any of the three organizations before. In 2005 there are 14 persons running for 37 possible positions (4 commissioner-nominee positions in 4 caucuses = 16; 3 ACTIA positions in 4 caucuses = 12; 1 TNNAC position in all 7 caucuses = 7; and 2 state commission nominations). While there may be more internet political commentary in 2005 than in 2001, there is approximately the same number of -committed- people involved in statewide indian political representation - about 35.
There are 47 possible positions to fill in the TNCIA, ACTIA and TNNAC (7 Commissioners; 24 ACTIA, 16 TNNAC). Of these 47 positions, only 24 are filled by active members. That's a 48% -vacancy- of _committed_ people who are _active_ in statewide indian political representation. Until more people get actively involved it seems a silly proposal to tell 2 of the 24 that they can't be as actively involved as they have offered ... not because of any actual problem but just because, well, it seems that they may be -too- involved for too long ... since before the old Commission was sunset. There are more political -critics- today than in 2001, but not more willing political representatives.
Fifth, while the argument contained in the referendum refers to an "improper" "appear"ance, and a "feel"ing of "conflict of interest", no actual impropriety or conflict of interest has been demonstrated. "Appearance" and a "feeling" are insufficient reasons to meddle in the affairs of two organizations that have served the Indian community well these past four years.
Sixth, since there is no actual problem specified, and since there are only two persons whom this proposed rule change would affect, the "problem" appears to be personal: some folks don't like Sandi Perry and/or tom kunesh serving on these two boards. The "problem" is that their caucuses elected them to serve double duty, and they have and are serving their caucuses in these positions. The "problem" was thus created by their respective caucuses, not by ACTIA or TNNAC. - Who should choose who represents the caucus on the ACTIA and TNNAC boards? The Convention? No. The caucuses themselves. That's why the caucus elections of ACTIA and TNNAC board members begin and end at the local caucus: caucuses elect their ACTIA and TNNAC representatives, not the Convention. If the caucuses want different people serving on the two different boards, then the caucus should elect different people to the two boards. And if a caucus wants the same person doing double duty, - why should the Convention interfere in the decision-making? Let the caucus decide its own representatives. If and when "the number of people involved in the politics of the" local caucus increases, the responsibilities will be spread out. Til then, don't penalize Nashville and Chattanooga for having a couple of dedicated ACTIA and TNNAC board members. Sandi Perry and tom kunesh are both running for ACTIA and TNNAC board positions again this election. The solution is easy: let the Nashville and Chattanooga caucuses decide on their own representation to ACTIA and TNNAC.
Seventh, a summary. Appearances and feelings aside, there is no actual problem that this referendum addresses. Until there is an actual problem, the Convention should not meddle in local caucus and organizations' affairs. There are no Commissioners on either of the ACTIA or TNNAC boards, and both ACTIA and TNNAC have rules against Commissioners being members of their boards, making Commissioner involvement in ACTIA and TNNAC a non-issue. Local representation is a local issue and the organizations' issue; it is not the Convention's place to be deciding who the caucus can or cannot elect to best represent their interests. When more people get actively involved in political representation at the caucus level, the local ACTIA and TNNAC positions will more than likely be filled by different people. Easy: let it happen naturally, as the caucuses and organizations themselves feel the need.
Vote 'No' on the "One Board" referendum
domingo, 12 de junio de 2005
Native-American activist pleads for Nickajack Shores to be left alone
http://www.knoxnews.com/kns/perspectives/article/0,1406,KNS_2797_3845682,00.html
Native-American activist pleads for Nickajack Shores to be left alone
By TOM KUNESH
June 12, 2005
Burns Island in the Tennessee River, less than a mile below the Nickajack Dam 25 miles west of Chattanooga, is a privately owned 220-acre Native American site with artifacts that date to 2,400 years, ceded to the United States by the Cherokee Nation in 1819. It is so culturally significant that it is eligible for inclusion in the National Register of Historic Places, a designation that would give it protection under the National Historic Preservation Act of 1966.
The Little Cedar Mountain property is a beautiful 756-acre tract of farm fields and lakeshore land just above the Nickajack Dam that the Tennessee Valley Authority took from Euro-American farmers by eminent domain in the 1960s to build a dam at the old Indian town of Shellmound/Nickajack. Little Cedar Mountain and the adjacent land, including the old town sites now underwater, long have been a sacred site to Native Americans. It was the last still-public land where Dragging Canoe and his Chickamauga band were centered in their resistance to the expanding white encroachment.
John "Thunder" Thornton, CEO of Thunder Enterprises in Chattanooga, wants to swap 1,100 acres of land he recently purchased for 578 acres of TVA lakeshore property next to Little Cedar Mountain. Thornton bought Burns Island, appraised at $593,000, to sweeten the deal for TVA. Thornton calls his proposed development Nickajack Shores.
If this were just a land swap, it would be business as usual, trading acres here for acres there. But what Thornton has done, and what he wants TVA to buy into, is nothing less than cultural terrorism.
"Artifacts" is the term archaeologists use to dispassionately describe the household and human remains of an old site that gain meaning and significance only when dug up, collected, studied and explained. To descendants of the people who lived there, however, these are sacred sites, and the dead and their resting places are to remain intact and protected from all exposure. At least this is the traditional belief in Native-American culture today.
Burns Island contains the cultural heritage and bodies of Native Americans. Burns Island, while being private property in the Euro-American developer's world, is a sacred site to Native Americans. The right thing for a good person to do is to give or sell the land back to the Muskogee (Creek) Nation and descendants of the people who lived there. Or if giving or selling land back to the Indians is not preferred, giving the archaeological easement to the tribe or to a trust like the InterTribal Sacred Land Trust or even to TVA. Or at least submit the recent archaeological report paid for by Thunder Enterprises for nomination to the National Register of Historic Places so it can receive federal protection from any further damage.
The immoral and unethical thing to do is to use sacred land and the cultural patrimony of Native Americans as a bargaining chip between a Euro-American public utility and a Euro-American land developer. Thornton and Thunder Enterprises know that Burns Island should be preserved as it is.
Thornton himself has said the island is eminently developable but needs preservation and protection. Thornton has both the knowledge and the power to protect Burns Island, but apparently is reluctant to do the right thing, in essence holding the island hostage in negotiations for the other piece of land he really wants -- Little Cedar Mountain.
There is an implicit threat contained in these negotiations: Give me Little Cedar Mountain, or Burns Island gets developed. TVA doesn't see it because it's looking at the land as acreage and wetlands and artifacts -- better toys to play with -- and because it's a secular business. But at the May 24 TVA-sponsored hearing in South Pittsburg, Tenn., Thornton (claimed to already have someone else's earlier plans) for a 220-unit housing development on Burns Island and that the solution was for TVA to swap some land for it.
Developing a sacred site -- destroying the cultural and religious integrity of the land -- creates fear of loss among religious people, especially in America among Native Americans. The creation of fear is the primary component of terrorism. To threaten development of a Native American sacred site -- holding it hostage as a bargaining chip -- is cultural terrorism.
Native Americans should not negotiate with any person who buys Native-American sacred sites to trade them for other property. TVA, a federal agency, should abide by federal policy and should not negotiate with any person who buys Native-American sacred sites to trade them for other property.
Thornton is doing what grave-robbers of Native American sites have been doing for years, just on a much larger scale: finding and buying an entire 220-acre Native-American site to sell to an old collector of Native-American sites, TVA.
Save Little Cedar Mountain. Say no to cultural terrorism. Say no to environmental racism. Demand that TVA stop negotiating for a Native-American sacred site. Demand that Burns Island and Little Cedar Mountain be protected -- by Muskogean tribes and towns, by Native Americans, by Euro-Americans everywhere.
__________________________________________________
Material appearing here is distributed without profit or monitory gain to those who have expressed an interest in receiving the material for research and educational purposes. This is in accordance with Title 17 U. S. C. section 107.
Native-American activist pleads for Nickajack Shores to be left alone
By TOM KUNESH
June 12, 2005
Burns Island in the Tennessee River, less than a mile below the Nickajack Dam 25 miles west of Chattanooga, is a privately owned 220-acre Native American site with artifacts that date to 2,400 years, ceded to the United States by the Cherokee Nation in 1819. It is so culturally significant that it is eligible for inclusion in the National Register of Historic Places, a designation that would give it protection under the National Historic Preservation Act of 1966.
The Little Cedar Mountain property is a beautiful 756-acre tract of farm fields and lakeshore land just above the Nickajack Dam that the Tennessee Valley Authority took from Euro-American farmers by eminent domain in the 1960s to build a dam at the old Indian town of Shellmound/Nickajack. Little Cedar Mountain and the adjacent land, including the old town sites now underwater, long have been a sacred site to Native Americans. It was the last still-public land where Dragging Canoe and his Chickamauga band were centered in their resistance to the expanding white encroachment.
John "Thunder" Thornton, CEO of Thunder Enterprises in Chattanooga, wants to swap 1,100 acres of land he recently purchased for 578 acres of TVA lakeshore property next to Little Cedar Mountain. Thornton bought Burns Island, appraised at $593,000, to sweeten the deal for TVA. Thornton calls his proposed development Nickajack Shores.
If this were just a land swap, it would be business as usual, trading acres here for acres there. But what Thornton has done, and what he wants TVA to buy into, is nothing less than cultural terrorism.
"Artifacts" is the term archaeologists use to dispassionately describe the household and human remains of an old site that gain meaning and significance only when dug up, collected, studied and explained. To descendants of the people who lived there, however, these are sacred sites, and the dead and their resting places are to remain intact and protected from all exposure. At least this is the traditional belief in Native-American culture today.
Burns Island contains the cultural heritage and bodies of Native Americans. Burns Island, while being private property in the Euro-American developer's world, is a sacred site to Native Americans. The right thing for a good person to do is to give or sell the land back to the Muskogee (Creek) Nation and descendants of the people who lived there. Or if giving or selling land back to the Indians is not preferred, giving the archaeological easement to the tribe or to a trust like the InterTribal Sacred Land Trust or even to TVA. Or at least submit the recent archaeological report paid for by Thunder Enterprises for nomination to the National Register of Historic Places so it can receive federal protection from any further damage.
The immoral and unethical thing to do is to use sacred land and the cultural patrimony of Native Americans as a bargaining chip between a Euro-American public utility and a Euro-American land developer. Thornton and Thunder Enterprises know that Burns Island should be preserved as it is.
Thornton himself has said the island is eminently developable but needs preservation and protection. Thornton has both the knowledge and the power to protect Burns Island, but apparently is reluctant to do the right thing, in essence holding the island hostage in negotiations for the other piece of land he really wants -- Little Cedar Mountain.
There is an implicit threat contained in these negotiations: Give me Little Cedar Mountain, or Burns Island gets developed. TVA doesn't see it because it's looking at the land as acreage and wetlands and artifacts -- better toys to play with -- and because it's a secular business. But at the May 24 TVA-sponsored hearing in South Pittsburg, Tenn., Thornton (claimed to already have someone else's earlier plans) for a 220-unit housing development on Burns Island and that the solution was for TVA to swap some land for it.
Developing a sacred site -- destroying the cultural and religious integrity of the land -- creates fear of loss among religious people, especially in America among Native Americans. The creation of fear is the primary component of terrorism. To threaten development of a Native American sacred site -- holding it hostage as a bargaining chip -- is cultural terrorism.
Native Americans should not negotiate with any person who buys Native-American sacred sites to trade them for other property. TVA, a federal agency, should abide by federal policy and should not negotiate with any person who buys Native-American sacred sites to trade them for other property.
Thornton is doing what grave-robbers of Native American sites have been doing for years, just on a much larger scale: finding and buying an entire 220-acre Native-American site to sell to an old collector of Native-American sites, TVA.
Save Little Cedar Mountain. Say no to cultural terrorism. Say no to environmental racism. Demand that TVA stop negotiating for a Native-American sacred site. Demand that Burns Island and Little Cedar Mountain be protected -- by Muskogean tribes and towns, by Native Americans, by Euro-Americans everywhere.
__________________________________________________
Material appearing here is distributed without profit or monitory gain to those who have expressed an interest in receiving the material for research and educational purposes. This is in accordance with Title 17 U. S. C. section 107.
TNNAC Caucus Fliers
Author: Vicky Garland
Email: vlg42@hotmail.com
Subject: TNNAC Caucus Fliers
Date: Sun Jun 12 14:41:16 2005
All,
TNNAC caucus fliers are available for printing/coping to distribute widely. Please print and place in your communities. Thank you, Vicky Garland, TNNAC Press Chairperson
they are individually available online at
http://www.tnnac.org/tnnac2005vote-manchester.pdf
http://www.tnnac.org/tnnac2005vote-jackson.pdf
http://www.tnnac.org/tnnac2005vote-memphis.pdf
http://www.tnnac.org/tnnac2005vote-knoxville.pdf
http://www.tnnac.org/tnnac2005vote-nashville.pdf
http://www.tnnac.org/tnnac2005vote-chattanooga.pdf
http://www.tnnac.org/tnnac2005vote-greeneville.pdf
and all together at: http://www.tnnac.org/tnnac2005vote-all.pdf
Email: vlg42@hotmail.com
Subject: TNNAC Caucus Fliers
Date: Sun Jun 12 14:41:16 2005
All,
TNNAC caucus fliers are available for printing/coping to distribute widely. Please print and place in your communities. Thank you, Vicky Garland, TNNAC Press Chairperson
they are individually available online at
http://www.tnnac.org/tnnac2005vote-manchester.pdf
http://www.tnnac.org/tnnac2005vote-jackson.pdf
http://www.tnnac.org/tnnac2005vote-memphis.pdf
http://www.tnnac.org/tnnac2005vote-knoxville.pdf
http://www.tnnac.org/tnnac2005vote-nashville.pdf
http://www.tnnac.org/tnnac2005vote-chattanooga.pdf
http://www.tnnac.org/tnnac2005vote-greeneville.pdf
and all together at: http://www.tnnac.org/tnnac2005vote-all.pdf
viernes, 10 de junio de 2005
Use Your Voice
VOTE. tnnac.org
Elections of Indian Affairs Commissioner nominees,
Advisory Council, Convention, e t c.,
KNOXVILLE AREA CAUCUS - includes Anderson, Blount, Grainger,
Jefferson, Knox, Loudon, Roane, Sevier & Union Counties
Saturday, 25 June 2005, 7pm
City-County Building, 400 West Main Street, Knoxville
jueves, 2 de junio de 2005
2006 - 7th Annual All Nations American Indian Festival
Make plans now for next year's spring event at MTSU.
---------------------------------------
http://windthruherhair.tripod.com/tn.html
7th Annual All Nations American Indian Festival
March 3 - 5, 2006
Tennessee Livestock Center
Middle Tennessee State University (MTSU)
Murfreesboro, Tennessee
All Nation's Flags Invited!
All Eagle Staffs Welcome!
All Dancers Welcome!
All Drums Welcome!
Indoor Arena
Climate Controlled
Camping Hookups
Free Parking
Non-Political
Non-Profit
Scholarship Benefit Program
Non-Competition Festival/Powwow
Address: AmerindFest, MTSU
Box #267
Middle State Tennessee University
Murfreesboro, TN 37132
Phone: (615) 898-5645
Email: powwow@mtsu.edu
Website: http://www.mtsu.edu/powwow
---------------------------------------
http://windthruherhair.tripod.com/tn.html
7th Annual All Nations American Indian Festival
March 3 - 5, 2006
Tennessee Livestock Center
Middle Tennessee State University (MTSU)
Murfreesboro, Tennessee
All Nation's Flags Invited!
All Eagle Staffs Welcome!
All Dancers Welcome!
All Drums Welcome!
Indoor Arena
Climate Controlled
Camping Hookups
Free Parking
Non-Political
Non-Profit
Scholarship Benefit Program
Non-Competition Festival/Powwow
Address: AmerindFest, MTSU
Box #267
Middle State Tennessee University
Murfreesboro, TN 37132
Phone: (615) 898-5645
Email: powwow@mtsu.edu
Website: http://www.mtsu.edu/powwow
Let Freedom Sing II
----- Original Message -----
From: VickySpitsFire Garland
To: Donna
Sent: Wednesday, May 25, 2005 11:51 AM
Subject: Help posting
Donna,
I am attaching a flyer could you get it on your list for me. And the
events list. I am a member of the Giles County Tennessee Memorial Committee.
This is for our trail of Tears project. Thanks, Vicky
-------------------------
Let Freedom Sing II
2nd Annual Musical Concert to Benefit the
Giles County Trail of Tears Memorial - Interpretive Center
Tickets on Sale Now
Call: 931-363-3789
$15 Advance
$20 Day of Show
Buy Blocks of 10 or 20 & Save!
Call for Details
Country Music Artist Jeff Bates "Long, Slow Kisses" in Concert
Opening for Jeff Chris Hennessee and Guest
Bring Your Own Lawn Chairs
Thursday - June 16, 2005 - 7:00 PM
(unable to read sponsor list - print too small)
--------
Directions to the event, from Vicky:
It is in Pulaski Tennessee at the Recreation center above Pleasant Run Park
just East of the Highway 31 and highway 64 crossing.
From: VickySpitsFire Garland
To: Donna
Sent: Wednesday, May 25, 2005 11:51 AM
Subject: Help posting
Donna,
I am attaching a flyer could you get it on your list for me. And the
events list. I am a member of the Giles County Tennessee Memorial Committee.
This is for our trail of Tears project. Thanks, Vicky
-------------------------
Let Freedom Sing II
2nd Annual Musical Concert to Benefit the
Giles County Trail of Tears Memorial - Interpretive Center
Tickets on Sale Now
Call: 931-363-3789
$15 Advance
$20 Day of Show
Buy Blocks of 10 or 20 & Save!
Call for Details
Country Music Artist Jeff Bates "Long, Slow Kisses" in Concert
Opening for Jeff Chris Hennessee and Guest
Bring Your Own Lawn Chairs
Thursday - June 16, 2005 - 7:00 PM
(unable to read sponsor list - print too small)
--------
Directions to the event, from Vicky:
It is in Pulaski Tennessee at the Recreation center above Pleasant Run Park
just East of the Highway 31 and highway 64 crossing.
Friends of Bottom View Farm Native American Festival and Powwow
June 4 & 5, 2005
Friends of Bottom View Farm Native American Festival and Powwow
Bottom View Farm
Portland, TN
Dancing, Arts & Crafts, Music, Silent Auction, Food and Family Fun
Benefiting Vanderbilt Children’s Hospital
Saturday and Sunday: 9 am to 6 pm
Admission: Children under 5 = FREE
Youth to 12 = $3
Adults = $6
All veterans welcome!
All drums and dancers welcome!
Grand Entry: Saturday at 12 pm and Sunday at 1 pm
Emcee: J.J. Kent, Singing Wolf Records NA flute recording artist
Head Veteran: C.D. Allen
Head Man: James Yellow Eagle
Head Lady: Loretta Howard
Arena Director: Red Kirby
Celebration Concert on Saturday at 6:30 PM with Powwow admission
Concert in covered amphitheater, featuring many artists and musical styles
All dancers are registered for the raffle and luck o’ the draw!
Camping available!
No firearms or alcohol
No selling of artifacts or sacred items, including stone pipes
For directions to Bottom View Farm, visit http://www.portlandtn.com/bottom_view_farm.htm#Directions
For more information contact:
Cathy Gregory
615-851-2623
Joe Johnston
joe@joejohnstonarts.com 615-333-7500
Crystal Rosser Rossercg@hotmail.com
Friends of Bottom View Farm Native American Festival and Powwow
Bottom View Farm
Portland, TN
Dancing, Arts & Crafts, Music, Silent Auction, Food and Family Fun
Benefiting Vanderbilt Children’s Hospital
Saturday and Sunday: 9 am to 6 pm
Admission: Children under 5 = FREE
Youth to 12 = $3
Adults = $6
All veterans welcome!
All drums and dancers welcome!
Grand Entry: Saturday at 12 pm and Sunday at 1 pm
Emcee: J.J. Kent, Singing Wolf Records NA flute recording artist
Head Veteran: C.D. Allen
Head Man: James Yellow Eagle
Head Lady: Loretta Howard
Arena Director: Red Kirby
Celebration Concert on Saturday at 6:30 PM with Powwow admission
Concert in covered amphitheater, featuring many artists and musical styles
All dancers are registered for the raffle and luck o’ the draw!
Camping available!
No firearms or alcohol
No selling of artifacts or sacred items, including stone pipes
For directions to Bottom View Farm, visit http://www.portlandtn.com/bottom_view_farm.htm#Directions
For more information contact:
Cathy Gregory
615-851-2623
Joe Johnston
joe@joejohnstonarts.com 615-333-7500
Crystal Rosser Rossercg@hotmail.com
2nd Annual Bell's & Benge's Memorial Motorcycle Ride & American Indian Social
from Vicky. Thanks!
_____________________________
Go to: http://www.gilescountychamber.com/chamber.nsf/?Open
From the Menu on the left, click on "Special Events".
About mid-way down the page, click on "2nd Annual Bell's & Benge's Memorial Motorcycle Ride & American Indian Social".
Special Events
2nd Annual Bell's & Benge's Memorial Motorcycle Ride
& American Indian Social
2004 Premiere Ride
In 1830, with Tennessean Andrew Jackson as President, the U.S. Congress passed the Indian Removal Act. Tennessee Congressman David Crockett bitterly opposed the bill with many others, yet it passed by only one vote.
The Indian removal of 1838-1839 displaced over 100,000 Native American Indians from their ancestral homes in the Southeastern United States to a reservation over 1,000 miles away in the territory now known as Oklahoma. This removal was conducted by forcing the Indians to travel by four primary routes. Approximately 4000 died along the way, and the Cherokees called it, "Nunna dual Isuny", which translates as "The Trail Where We Cried".
Today, it is referred to as the Trail of Tears.
Two of the land routes, Bell’s and Benge’s, passed through Giles County and crossed in Pulaski, making this the only location in the United States to have a connection to more than one land removal route. The convergence of these two historic trails in Pulaski, and Crockett’s strong opposition to the Indian removal inspired the construction of a fitting memorial to the Trail of Tears and to David Crockett.
Saturday, November 5 will be a date to truly remember the people who walked the "Trail of Tears".
The Giles County Chamber of Commerce & Tourism Foundation would like for you to participate in the 2nd Annual Motorcycle Ride and Premiere Reenactment Walk to remember those who walked the Trail of Tears.
Riders will leave at the Ride Captains discretion. The walk begin on Jefferson and Village Square and continue onto South First Street turn onto East College Street converging at 11:00 a.m. at the soon to be "Trail of Tears Interpretive Center" parking lot in Pulaski. Native American Social to follow.
At the beginning of the ride you will be given an envelope. Inside will be the name of the Head of Family who walked the Benge’s Route. They will be riding in memory of that Family Group. When we come together at the TOT Memorial in Pulaski there will be a special presentation for the riders.
All donations will benefit the Giles County Trail of Tears Memorial Interpretive Center.
For more information, call 931-363-3789 or e-mail, gctourism@bellsouth.net
---------------
Also here is what the flyer says:
COME TOGETHER TO REMEMBER
Come with us as we take a fall ride down picturesque roads to remember the
Native Americans who were forced to walk the Bell's and Benge's TRAIL OF TEARS Routes through Giles County, Tennessee. We observe this memorial during this time of year instead of in the summer because both of these detachments came through Giles County during the mid-fall. Benge's Detachment in late October, Bell's Detachment in early November. It was a miserable journey for them. Along the trail the Cherokee endured inclement weather, inadequate food and water, and they lacked proper clothing. We honor them by remembering the time of year they came through this area.
At the beginning of the motorcycle ride** you will be given an envelope. Inside will be the name of the Head of Family who walked the Benge's Route.
You will be riding in memory of that Family Group. This year we will also be honoring Bell's Route by reenacting the walk through downtown Pulaski. This walk** will begin on Jefferson Street (part of the original trail) turning onto First Street south. When we come together at the Giles County Trail of Tears Memorial Interpretive Center there will be a special presentation for the motorcycle riders and for the walkers. At this time our Native Gathering will begin. This is an Indian Social event where all people will "Come Together to Remember."
This event is FREE. Donations, will be accepted to benefit the Giles County
Trail of Tears Memorial Interpretive Center.
CALL FOR MORE INFORMATION - (931) 363-3789
CHECK BACK OFTEN FOR UPDATES
**Ride Departure Sites will be determined at a later date.
Riders will leave from these sites at the Ride Captain's direction at approximately 10:00 A.M.
Re-enactment Walkers will gather at the Trail of Tears Memorial Interpretive
Center Parking lot and proceed on to Jefferson Street.
Walkers will depart from Jefferson Street at the Walk Captain's direction at
approximately 10:00 A.M.
_____________________________
Go to: http://www.gilescountychamber.com/chamber.nsf/?Open
From the Menu on the left, click on "Special Events".
About mid-way down the page, click on "2nd Annual Bell's & Benge's Memorial Motorcycle Ride & American Indian Social".
Special Events
2nd Annual Bell's & Benge's Memorial Motorcycle Ride
& American Indian Social
2004 Premiere Ride
In 1830, with Tennessean Andrew Jackson as President, the U.S. Congress passed the Indian Removal Act. Tennessee Congressman David Crockett bitterly opposed the bill with many others, yet it passed by only one vote.
The Indian removal of 1838-1839 displaced over 100,000 Native American Indians from their ancestral homes in the Southeastern United States to a reservation over 1,000 miles away in the territory now known as Oklahoma. This removal was conducted by forcing the Indians to travel by four primary routes. Approximately 4000 died along the way, and the Cherokees called it, "Nunna dual Isuny", which translates as "The Trail Where We Cried".
Today, it is referred to as the Trail of Tears.
Two of the land routes, Bell’s and Benge’s, passed through Giles County and crossed in Pulaski, making this the only location in the United States to have a connection to more than one land removal route. The convergence of these two historic trails in Pulaski, and Crockett’s strong opposition to the Indian removal inspired the construction of a fitting memorial to the Trail of Tears and to David Crockett.
Saturday, November 5 will be a date to truly remember the people who walked the "Trail of Tears".
The Giles County Chamber of Commerce & Tourism Foundation would like for you to participate in the 2nd Annual Motorcycle Ride and Premiere Reenactment Walk to remember those who walked the Trail of Tears.
Riders will leave at the Ride Captains discretion. The walk begin on Jefferson and Village Square and continue onto South First Street turn onto East College Street converging at 11:00 a.m. at the soon to be "Trail of Tears Interpretive Center" parking lot in Pulaski. Native American Social to follow.
At the beginning of the ride you will be given an envelope. Inside will be the name of the Head of Family who walked the Benge’s Route. They will be riding in memory of that Family Group. When we come together at the TOT Memorial in Pulaski there will be a special presentation for the riders.
All donations will benefit the Giles County Trail of Tears Memorial Interpretive Center.
For more information, call 931-363-3789 or e-mail, gctourism@bellsouth.net
---------------
Also here is what the flyer says:
COME TOGETHER TO REMEMBER
Come with us as we take a fall ride down picturesque roads to remember the
Native Americans who were forced to walk the Bell's and Benge's TRAIL OF TEARS Routes through Giles County, Tennessee. We observe this memorial during this time of year instead of in the summer because both of these detachments came through Giles County during the mid-fall. Benge's Detachment in late October, Bell's Detachment in early November. It was a miserable journey for them. Along the trail the Cherokee endured inclement weather, inadequate food and water, and they lacked proper clothing. We honor them by remembering the time of year they came through this area.
At the beginning of the motorcycle ride** you will be given an envelope. Inside will be the name of the Head of Family who walked the Benge's Route.
You will be riding in memory of that Family Group. This year we will also be honoring Bell's Route by reenacting the walk through downtown Pulaski. This walk** will begin on Jefferson Street (part of the original trail) turning onto First Street south. When we come together at the Giles County Trail of Tears Memorial Interpretive Center there will be a special presentation for the motorcycle riders and for the walkers. At this time our Native Gathering will begin. This is an Indian Social event where all people will "Come Together to Remember."
This event is FREE. Donations, will be accepted to benefit the Giles County
Trail of Tears Memorial Interpretive Center.
CALL FOR MORE INFORMATION - (931) 363-3789
CHECK BACK OFTEN FOR UPDATES
**Ride Departure Sites will be determined at a later date.
Riders will leave from these sites at the Ride Captain's direction at approximately 10:00 A.M.
Re-enactment Walkers will gather at the Trail of Tears Memorial Interpretive
Center Parking lot and proceed on to Jefferson Street.
Walkers will depart from Jefferson Street at the Walk Captain's direction at
approximately 10:00 A.M.
miércoles, 4 de mayo de 2005
Attorney General Opinion - Tribal Recognition Criteria
----- Original Message -----
From: sinihele@bellsouth.net
Sent: Wednesday, May 04, 2005 4:10 PM
Subject: Fwd: Attorney General Opinion - Tribal Recognition Criteria
S T A T E O F T E N N E S S E E
OFFICE OF THE
ATTORNEY GENERAL
PO BOX 20207
NASHVILLE, TENNESSEE 37202
May 2, 2005
Opinion No. 05-066
Tennessee Commission on Indian Affairs Tribal Recognition Criteria
______________________________________________________
QUESTION
The Cherokee of Lawrence County filed a petition for recognition with the Tennessee Commission on Indian Affairs (Commission) in 2000. That Commission was terminated under the “Sunset Laws” in 2002. Tenn. Code Ann. §§ 4-29-112, -222. The current Commission that was created in 2003 passed a resolution on December 4, 2004, that will require a tribe to have maintained a continuous state-tribe relationship since 1796 to be recognized by the State of Tennessee. Will the Cherokee of Lawrence County be grandfathered under the tribal recognition criteria of the previous Commission, or will they be subject to the criteria set forth in the December 4, 2004 resolution?
OPINION
The tribal recognition criteria of the previous Commission are no longer in effect, and, therefore, the Cherokee of Lawrence County will be subject to whatever criteria the current Commission will develop in the future. That being said, the Cherokee of Lawrence County are not subject to the criteria set forth in the December 4, 2004, resolution because the recognition criteria under Tenn. Code Ann. § 4-34-103(6) have to be established through rulemaking under the Uniform Administrative Procedures Act (UAPA).
ANALYSIS
In 2003, the Legislature charged the current Commission with establishing a procedure for tribal recognition pursuant to Tenn. Code Ann. § 4-34-103(6). The statute directed the Commission to: [E]stablish appropriate procedures to provide for legal recognition by the state of presently unrecognized tribes, nations, groups, communities or individuals, and to provide for official state recognition by the commission of such[.]
The previous Commission had a similar charge and established recognition criteria and procedures for Native American Indian nations, tribes, bands, organizations, and individuals through the promulgation of rules and regulations under the UAPA. See Tenn. Comp. R. and Reg., ch. 0785-1
Page 2
(1990). The previous Commission was terminated under the “Sunset Laws” on June 30, 2001. See Tenn. Code Ann. §§ 4-29-112, 4-29-222. The Cherokee of Lawrence County presumably submitted an application for recognition under these rules in 2000, but the previous Commission did not act upon the application before it was disbanded. As previously stated, the former Commission terminated on June 30, 2001, but the Commission’s rules remained in effect until June 30, 2002. Tenn. Code Ann. §§ 4-5-226 and 4-29-112 provide that the rules expire upon completion of the one-year wind-up period for certain governmental entities.
and
In 2003 the Legislature reenacted the Commission under Acts 2003, ch. 344, that went into effect on June 13, 2003. See Tenn. Code Ann. § 4-34-101. Acts 2003, ch. 344, § 11(c)(3) provided, in part, that all rules and regulations promulgated by the previous Commission prior to and in effect on the effective date of legislation would remain in force and effect. More specifically, it states as follows: (3) All rules, regulations, policies, orders and decisions promulgated or issued by the Tennessee commission of Indian affairs prior to, and in effect on June 13, 2003 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.
The former Commission’s rules were not in effect on June 13, 2003, because they had expired on June 30, 2002. Therefore, the recognition criteria established by the former Commission are not in effect under Acts 2003, ch. 344, §11(c)(3). The current Commission must promulgate new rules under the UAPA to establish procedures for legal recognition of tribes, nations, groups, communities, or individuals and to provide for official state recognition by the Commission of such.
Page 3
Because there are no recognition criteria currently in effect for the reasons stated, above, the Cherokee of Lawrence County will be subject to the new criteria when they are established by the current Commission.
Finally, it is this Office’s understanding that the current Commission repealed its December 4, 2004, resolution on tribal recognition at the March 12, 2005, meeting and passed another resolution adopting the recognition criteria set forth by the previous Commission under Tenn. Comp. R. and Reg., ch. 0785-1 (1990) until it promulgates new rules. Mere resolutions do not meet the requirements set forth in Tenn. Code Ann. § 4-34-103(6), and, therefore, the Cherokee of Lawrence County and any other group seeking recognition are not subject to these resolutions as recognition criteria. The current Commission must promulgate rules under the UAPA in order to establish recognition criteria and procedures.
PAUL G. SUMMERS
Attorney General
MICHAEL E. MOORE
Solicitor General
SOHNIA W. HONG
Senior Counsel
Requested by:
Joey Hensley, MD
State Representative
106 War Memorial Building
Nashville, TN 37243
From: sinihele@bellsouth.net
Sent: Wednesday, May 04, 2005 4:10 PM
Subject: Fwd: Attorney General Opinion - Tribal Recognition Criteria
OFFICE OF THE
ATTORNEY GENERAL
PO BOX 20207
NASHVILLE, TENNESSEE 37202
May 2, 2005
Opinion No. 05-066
Tennessee Commission on Indian Affairs Tribal Recognition Criteria
______________________________________________________
QUESTION
The Cherokee of Lawrence County filed a petition for recognition with the Tennessee Commission on Indian Affairs (Commission) in 2000. That Commission was terminated under the “Sunset Laws” in 2002. Tenn. Code Ann. §§ 4-29-112, -222. The current Commission that was created in 2003 passed a resolution on December 4, 2004, that will require a tribe to have maintained a continuous state-tribe relationship since 1796 to be recognized by the State of Tennessee. Will the Cherokee of Lawrence County be grandfathered under the tribal recognition criteria of the previous Commission, or will they be subject to the criteria set forth in the December 4, 2004 resolution?
OPINION
The tribal recognition criteria of the previous Commission are no longer in effect, and, therefore, the Cherokee of Lawrence County will be subject to whatever criteria the current Commission will develop in the future. That being said, the Cherokee of Lawrence County are not subject to the criteria set forth in the December 4, 2004, resolution because the recognition criteria under Tenn. Code Ann. § 4-34-103(6) have to be established through rulemaking under the Uniform Administrative Procedures Act (UAPA).
ANALYSIS
In 2003, the Legislature charged the current Commission with establishing a procedure for tribal recognition pursuant to Tenn. Code Ann. § 4-34-103(6). The statute directed the Commission to: [E]stablish appropriate procedures to provide for legal recognition by the state of presently unrecognized tribes, nations, groups, communities or individuals, and to provide for official state recognition by the commission of such[.]
The previous Commission had a similar charge and established recognition criteria and procedures for Native American Indian nations, tribes, bands, organizations, and individuals through the promulgation of rules and regulations under the UAPA. See Tenn. Comp. R. and Reg., ch. 0785-1
Page 2
(1990). The previous Commission was terminated under the “Sunset Laws” on June 30, 2001. See Tenn. Code Ann. §§ 4-29-112, 4-29-222. The Cherokee of Lawrence County presumably submitted an application for recognition under these rules in 2000, but the previous Commission did not act upon the application before it was disbanded. As previously stated, the former Commission terminated on June 30, 2001, but the Commission’s rules remained in effect until June 30, 2002. Tenn. Code Ann. §§ 4-5-226 and 4-29-112 provide that the rules expire upon completion of the one-year wind-up period for certain governmental entities.
(b) (1) Notwithstanding any other provision of law to the contrary, unless legislation is enacted to delete the expiration date provided by this subsection, each permanent rule, which does not expire under the provisions of subsection (a), shall expire on the day provided in chapter 29, part 2 of this title for termination of the agency which promulgated such rule; provided, that if such agency continues in existence pursuant to § 4-29-112, such agency rule shall expire upon completion of such wind-up period. Tenn. Code Ann. § 4-5-226
and
Upon the termination of any governmental entity under the provisions of this chapter, it shall continue in existence until June 30 of the next succeeding calendar year for the purpose of winding up its affairs. During that period, termination shall not diminish, reduce, or limit the powers or authorities of each respective governmental entity. When the wind-up period expires, the governmental entity shall cease all activities. Tenn. Code Ann. § 4-29-112
In 2003 the Legislature reenacted the Commission under Acts 2003, ch. 344, that went into effect on June 13, 2003. See Tenn. Code Ann. § 4-34-101. Acts 2003, ch. 344, § 11(c)(3) provided, in part, that all rules and regulations promulgated by the previous Commission prior to and in effect on the effective date of legislation would remain in force and effect. More specifically, it states as follows: (3) All rules, regulations, policies, orders and decisions promulgated or issued by the Tennessee commission of Indian affairs prior to, and in effect on June 13, 2003 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.
The former Commission’s rules were not in effect on June 13, 2003, because they had expired on June 30, 2002. Therefore, the recognition criteria established by the former Commission are not in effect under Acts 2003, ch. 344, §11(c)(3). The current Commission must promulgate new rules under the UAPA to establish procedures for legal recognition of tribes, nations, groups, communities, or individuals and to provide for official state recognition by the Commission of such.
Page 3
Because there are no recognition criteria currently in effect for the reasons stated, above, the Cherokee of Lawrence County will be subject to the new criteria when they are established by the current Commission.
Finally, it is this Office’s understanding that the current Commission repealed its December 4, 2004, resolution on tribal recognition at the March 12, 2005, meeting and passed another resolution adopting the recognition criteria set forth by the previous Commission under Tenn. Comp. R. and Reg., ch. 0785-1 (1990) until it promulgates new rules. Mere resolutions do not meet the requirements set forth in Tenn. Code Ann. § 4-34-103(6), and, therefore, the Cherokee of Lawrence County and any other group seeking recognition are not subject to these resolutions as recognition criteria. The current Commission must promulgate rules under the UAPA in order to establish recognition criteria and procedures.
PAUL G. SUMMERS
Attorney General
MICHAEL E. MOORE
Solicitor General
SOHNIA W. HONG
Senior Counsel
Requested by:
Joey Hensley, MD
State Representative
106 War Memorial Building
Nashville, TN 37243
sábado, 30 de abril de 2005
TN AmInd population stats
US 2000 Census
Tennessee - all persons AmInd
5041 Memphis/Shelby & contiguous counties
3045 West TN - all other counties
--------------------------------------------
8086
8055 Nashville/Davidson & contiguous counties
7164 Middle TN - all other counties
--------------------------------------------
15219
3778 Chattanooga/Hamilton & contiguous counties
6340 Knoxville/Knox & contiguous counties
5654 East TN - all other counties
--------------------------------------------
15772
39077 total
Tennessee - all persons AmInd
5041 Memphis/Shelby & contiguous counties
3045 West TN - all other counties
--------------------------------------------
8086
8055 Nashville/Davidson & contiguous counties
7164 Middle TN - all other counties
--------------------------------------------
15219
3778 Chattanooga/Hamilton & contiguous counties
6340 Knoxville/Knox & contiguous counties
5654 East TN - all other counties
--------------------------------------------
15772
39077 total
purpose, traditionalism & sovereignty in TN "recognition"
Individual recognition as indian is traditionally the responsibility and authority of the indian tribe, not a non-indian state government of the United States.
The principle of tribal sovereignty means that the tribe is sovereign in determining its own affairs, including membership.
For one of the United States to "recognize" indians for no other purpose than to "recognize" them is, in effect, removing the authority of tribes to determine their own members and placing it within the jurisdiction of non-indians.
States have historically recognized tribes, and i see no conflict in the Indian Affairs Commission of Tennessee assuming the same authority that Massachusetts, Connecticut, Maine, North Carolina, Georgia, Alabama, and many others have assumed, most often with the blessing and authorization of other tribes. In these state tribal recognitions, the authority of recognizing individual indians has still rested with the tribes. But there is no other state among the other 49 that has assumed authority to determine who is indian, and to me it is a wrongful and dangerous precedent for Tennessee to assume this responsibility, especially in light of the embarrassingly little discussion about the meaning of recognition, and with no guidance from the tribes which should be considered our elders in this policy.
As an alternative, individual recognition as it's written in the 1990 rules being currently proposed for re-adoption should be criteria for tribes and organizations within the state to use and follow.
And it has always been the federal and states' governments' prerogatives to take censuses and create rolls of indian populations at various times -- the individual "recognition" criteria being proposed could be used for the creation of any such census rolls.
Additionally, recognition should be for some practical purpose. If there is no practical purpose, then there is no reason to adopt this policy or procedures.
;>
on proposed state recognition amendments 2000
The principle of tribal sovereignty means that the tribe is sovereign in determining its own affairs, including membership.
For one of the United States to "recognize" indians for no other purpose than to "recognize" them is, in effect, removing the authority of tribes to determine their own members and placing it within the jurisdiction of non-indians.
States have historically recognized tribes, and i see no conflict in the Indian Affairs Commission of Tennessee assuming the same authority that Massachusetts, Connecticut, Maine, North Carolina, Georgia, Alabama, and many others have assumed, most often with the blessing and authorization of other tribes. In these state tribal recognitions, the authority of recognizing individual indians has still rested with the tribes. But there is no other state among the other 49 that has assumed authority to determine who is indian, and to me it is a wrongful and dangerous precedent for Tennessee to assume this responsibility, especially in light of the embarrassingly little discussion about the meaning of recognition, and with no guidance from the tribes which should be considered our elders in this policy.
As an alternative, individual recognition as it's written in the 1990 rules being currently proposed for re-adoption should be criteria for tribes and organizations within the state to use and follow.
And it has always been the federal and states' governments' prerogatives to take censuses and create rolls of indian populations at various times -- the individual "recognition" criteria being proposed could be used for the creation of any such census rolls.
Additionally, recognition should be for some practical purpose. If there is no practical purpose, then there is no reason to adopt this policy or procedures.
;>
on proposed state recognition amendments 2000
viernes, 29 de abril de 2005
i-b woodpecker should be NA TN's state symbol
Long before indians around here started identifying with the USA bald eagle, the two birds of highest human respect were the woodpecker and the falcon.
Now that the ivory-billed woodpecker has been re-discovered west of here, it's time native americans of this area re-discover the relationship between this land, the indigenous people who lived here, and the indigenous symbol of this area, the woodpecker, and work to encourage the ivory-billed woodpecker to come home to Tennessee.
;>
COX MOUND GORGET
The Cox Mound, or Woodpecker, gorget style is a particularly beautiful and enduring symbol of Tennessee's prehistoric inhabitants. A gorget was a pendant, or personal adornment, worn around the neck as a badge of rank or insignia of status and was thought to be symbolic of both earthly and supernatural powers. A variety of gorget styles, or designs, are known. As a class of artistic expression, this type of artifact falls within the Southeastern Ceremonial Complex, formerly known as the Southern Cult.
Just over thirty Cox Mound-style gorgets have been found since the late nineteenth century, primarily from prehistoric Mississippian stone box graves and villages along the lower Tennessee, Cumberland, Duck, Harpeth, and Buffalo Rivers of Middle Tennessee, and the middle Tennessee River valley of northern Alabama. As a result of the frequent mortuary association of Cox Mound gorgets with certain pottery types, namely Matthews Incised, as well as other artifacts, it has been postulated that Cox Mound gorgets date to the period A.D. 1250-1450. One rich grave from the famous burial mound at the Castalian Springs site in Sumner County produced two Cox Mound gorgets.
Typically, Cox Mound gorgets were manufactured on exotic marine shell and were white in color. Other materials, such as black slate in Putnam County and human skull fragments in Hardin County, were used rarely. Engraving the intricate design on the hard shell or slate without metal tools took many hours of skilled labor and is thought to have been a winter activity.
A Cox Mound gorget has three important iconographic elements. In the center is a cross inside a rayed circle or sun motif. The cross is symbolic of the sacred, or council, fire. The sun represents the sky deity and/or mythical ancestors. Surrounding the cross and sun is a scroll-like design element known as the looped square. This feature may represent wind, or possibly the litter on which subordinates carried a chief. Typically the looped square is composed of four lines, but in some cases only three lines are used. Four crested bird heads, which most scholars interpret as woodpeckers, are found on the outer edge. The woodpecker heads always are oriented in a counterclockwise direction, suggestive of the prehistoric Native American swastika.
The woodpecker, like the falcon, was probably a symbol of war to the prehistoric Mississippian Indians. The war symbolism of the bird probably derived from the red head of the bird, which resembled a bloodied scalping victim. The Cherokees associated the red-headed woodpecker with danger and war, and the woodpecker was always invoked for aid by the ball game players. The bird's pecking is similar to an Indian warrior striking the war post at the Victory dance. For the Cherokees, the color red is associated with male attractiveness and fertility, as well as bravery and war. Groups of woodpeckers are thought to be a sign of war to the Creeks and Seminoles. While war is typically associated with males in Native American society, it is important to note that Cox Mound gorgets have been found in both male and female burials.
Other interpretations include the identification of the four woodpeckers as the four thunders at the world quarters, and a folklorist has speculated recently that the Cox Mound gorget style is a prehistoric expression of the Yuchi myth of the Winds. Cox Mound gorgets are displayed by the Tennessee State Museum and Pinson Mounds State Archaeological Area.
C. Andrew Buchner, PanAmerican Consultants, Inc.
Suggested Reading(s): C. Andrew Buchner and Mitchell R. Childress, "A Southeastern Ceremonial Complex Gorget from Putnam County, Tennessee," Tennessee Anthropological Association Newsletter 16.6 (1991): 1-4; Madeline Kneberg, "Engraved Shell Gorgets and Their Associations." Tennessee Archaeologist 15.1 (1959): 1-39.
See Also: MISSISSIPPIAN CULTURE; PINSON MOUNDS; PREHISTORIC NATIVE AMERICAN ART; TENNESSEE STATE MUSEUM
Now that the ivory-billed woodpecker has been re-discovered west of here, it's time native americans of this area re-discover the relationship between this land, the indigenous people who lived here, and the indigenous symbol of this area, the woodpecker, and work to encourage the ivory-billed woodpecker to come home to Tennessee.
;>
COX MOUND GORGET
The Cox Mound, or Woodpecker, gorget style is a particularly beautiful and enduring symbol of Tennessee's prehistoric inhabitants. A gorget was a pendant, or personal adornment, worn around the neck as a badge of rank or insignia of status and was thought to be symbolic of both earthly and supernatural powers. A variety of gorget styles, or designs, are known. As a class of artistic expression, this type of artifact falls within the Southeastern Ceremonial Complex, formerly known as the Southern Cult.
Just over thirty Cox Mound-style gorgets have been found since the late nineteenth century, primarily from prehistoric Mississippian stone box graves and villages along the lower Tennessee, Cumberland, Duck, Harpeth, and Buffalo Rivers of Middle Tennessee, and the middle Tennessee River valley of northern Alabama. As a result of the frequent mortuary association of Cox Mound gorgets with certain pottery types, namely Matthews Incised, as well as other artifacts, it has been postulated that Cox Mound gorgets date to the period A.D. 1250-1450. One rich grave from the famous burial mound at the Castalian Springs site in Sumner County produced two Cox Mound gorgets.
Typically, Cox Mound gorgets were manufactured on exotic marine shell and were white in color. Other materials, such as black slate in Putnam County and human skull fragments in Hardin County, were used rarely. Engraving the intricate design on the hard shell or slate without metal tools took many hours of skilled labor and is thought to have been a winter activity.
A Cox Mound gorget has three important iconographic elements. In the center is a cross inside a rayed circle or sun motif. The cross is symbolic of the sacred, or council, fire. The sun represents the sky deity and/or mythical ancestors. Surrounding the cross and sun is a scroll-like design element known as the looped square. This feature may represent wind, or possibly the litter on which subordinates carried a chief. Typically the looped square is composed of four lines, but in some cases only three lines are used. Four crested bird heads, which most scholars interpret as woodpeckers, are found on the outer edge. The woodpecker heads always are oriented in a counterclockwise direction, suggestive of the prehistoric Native American swastika.
The woodpecker, like the falcon, was probably a symbol of war to the prehistoric Mississippian Indians. The war symbolism of the bird probably derived from the red head of the bird, which resembled a bloodied scalping victim. The Cherokees associated the red-headed woodpecker with danger and war, and the woodpecker was always invoked for aid by the ball game players. The bird's pecking is similar to an Indian warrior striking the war post at the Victory dance. For the Cherokees, the color red is associated with male attractiveness and fertility, as well as bravery and war. Groups of woodpeckers are thought to be a sign of war to the Creeks and Seminoles. While war is typically associated with males in Native American society, it is important to note that Cox Mound gorgets have been found in both male and female burials.Other interpretations include the identification of the four woodpeckers as the four thunders at the world quarters, and a folklorist has speculated recently that the Cox Mound gorget style is a prehistoric expression of the Yuchi myth of the Winds. Cox Mound gorgets are displayed by the Tennessee State Museum and Pinson Mounds State Archaeological Area.
C. Andrew Buchner, PanAmerican Consultants, Inc.
Suggested Reading(s): C. Andrew Buchner and Mitchell R. Childress, "A Southeastern Ceremonial Complex Gorget from Putnam County, Tennessee," Tennessee Anthropological Association Newsletter 16.6 (1991): 1-4; Madeline Kneberg, "Engraved Shell Gorgets and Their Associations." Tennessee Archaeologist 15.1 (1959): 1-39.
See Also: MISSISSIPPIAN CULTURE; PINSON MOUNDS; PREHISTORIC NATIVE AMERICAN ART; TENNESSEE STATE MUSEUM
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