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

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

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:

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.
and

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.

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

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

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.

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

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.

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.
(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

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

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.
woodpecker, Moundville, Alabama
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.

ivory-billed-woodpecker on Cox Mound gorgets 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

lunes, 25 de abril de 2005

now taking nominations

PRESS RELEASE - FOR PUBLIC DISTRIBUTION

The Tennessee Native American Convention (TNNAC) is now taking nominations for the Tennessee Commission of Indian Affairs, the Advisory Council of Tennessee Indian Affairs, TNNAC caucus board members, and Native American Indian represontation on other State commissions and boards.

Applications for nomination can be obtained at www.tnnac.org, along with signature sheets.

The nomination period closes May 28, 2005. Applications and signature sheets must be mailed before this date.

TNNAC is accepting nominations to the Metro area -- Memphis, Nashville, Knoxville, and Chattanooga -- commission seats and Advisory council seats. TNNAC is also accepting nominations to fill the vice chair seats at the seven area caucuses. The term of office will be 4 years from 2005-2009.

Only persons living in the metro county and contiguous counties are able to run for the metro-area Commission of Indian Affairs nominations, and for the Advisory Council positions. TNNAC board member seats are open in all seven area caucuses.

Those wishing to be a Nominee to any position must fill out an application and have at least 21 signatures of registered voters who support their candidacy. (We suggest obtaining at least 30 signatures in case some are not registered voters.) They must have at least 11 signatures of registered voters from inside their caucus area and at least 10 signatures from registered voters in their grand division. If they are applying for Indian Preference, that candidate must provide proof of Native American Indian descent.

The metro areas are defined as the following continguous-counties' areas:
Memphis: includes the counties of Fayette, Shelby and Tipton;
Nashville: Cheatham, Davidson, Robertson, Rutherford, Sumner, Williamson, and Wilson counties;
Knoxville: Anderson, Blount, Grainger, Jefferson, Knox, Loudon, Roane, Sevier, and Union counties; and
Chattanooga: Bledsoe, Bradley, Hamilton, Marion, Meigs, Rhea, and Sequatchie counties.

Anyone in these areas can be nominated for Commission of Indian Affairs and Advisory council if (a) they are a resident of the state of Tennessee, and (b) at least 18 years of age, and (c) fill out the application, (d) submit the appropriate number of signatures, and (e) mail them to TNNAC Secretary Lynn Clayton, 354 Lowrey Road, Medon TN 38356, before May 28, 2005.

Regional caucuses will be held on Saturday, June 25, 2005. At that time those who qualified in the nomination process for Commission of Indian Affairs, the Advisory Council, and the TNNAC board will be voted on. Each area caucus will select up to 4 Commission nominees, 3 Advisory Council members, 1 TNNAC board member and an alternate, and 15 delegates (including 5 alternate delegates) to go to the biennial Convention which will be held on Saturday, September 24, 2005 at Little Cedar Mountain, west of Chattanooga. The convention will decide which of the Commission candidates will be sent to the State for nomination to appointment.

If you have any questions and the web page does not answer them, please contact Vicky Garland via email or 931/ 766-0827.

TENNESSEE NATIVE AMERICAN CONVENTION
Vicky Garland, Public Relations Committee
vlg42@hotmail.com, 931/ 766-0827

John Smith, chairman
Lynn Clayton, secretary-treasurer

domingo, 17 de abril de 2005

self-announced applicants for TNCIA 1.1

self-announced, unconfirmed applicants for the TN Commission of Indian Affairs
for the 2005-2009 metro areas, as of 17 april 2005

Memphis - Ruth Knight Allen, incumbent

Nashville - Niles Aseret

Knoxville -

Chattanooga - John Anderson, incumbent
                         - David Walker
                         - Doris Tate Trevino
                         - tom kunesh
                         - Alva Crowe

----------------------------------------------------------------------------


self-announced, unconfirmed applicants for the Advisory Council on TN Indian Affairs
for the 2005-2009 metro areas, as of 17 april 2005

Memphis -

Nashville - Joe McCaleb
                    - Sandi Perry

Knoxville -

Chattanooga - John Anderson
                            - Doris Tate Trevino
                            - tom kunesh



it's not known whether or not TNNAC has received all these applications
or if candidates have qualified with supporting signatures.
these are simply people who have said, publicly or privately,
that they intend to run. i presume that individuals can
withdraw at any time so this listing is simply an early and
wholly unofficial report for informational purposes only.

applications are available at www.tnnac.org/applicants.html

saturday, 25 june - Caucuses

sábado, 16 de abril de 2005

MB physical prayer day

had a great day out on Moccasin Bend this past saturday morning, checking to see how much work needs to be done to keep it cleaned up. the sparseness of rain this year (compared with the floods of last year) have kept the grass down but the privet continues creeping in undaunted.

we met 3 guys taking "additional GPS measurements" (AGM) along the riverbank, gridding out the shoreline more precisely for the Army Corps of Engineers to plan their riverbank stabilization before it loses another 30 feet of trees.


a MB work/physicalprayer day is scheduled for sunday, 1 may, 9am (eastern).
all are invited. bring gloves, swing-blades, clippers, water,
weed-eaters, chain-saws, water, snacks, sage, tobacco, etc.
starting at 8.30 we'll meet at the tree-line
right before the Winston Building.

for directions or more info contact
Cleata Townsend at (423) 698-2804
or Sandy Goins (sundance1877-at-yahoo.com)


be advised, there are many burials in the area.
this is also a good time to acquiant yourself with Tennessee's cemetery laws, specifically the laws governing abandoned cemeteries and their "termination". while this area is now federal property protected by federal laws like NAGPRA, ARPA and the NHPA, other Native American burial sites that aren't on federal land don't have this protection and thus are under constant threat of "termination" if found "in a neglected or abandoned condition".


;>

viernes, 15 de abril de 2005

self-announced applicants for TNCIA

self-announced applicants for the TN Commission of Indian Affairs
for the 2005-2009 metro areas, as of 15 april 2005

Memphis - Ruth Knight Allen, incumbent

Nashville -

Knoxville -

Chattanooga - John Anderson, incumbent
                        - David Walker
                        - Doris Tate Trevino
                        - tom kunesh
                        - Alva Crowe

----------------------------------------------------------------------------
it's not known whether or not TNNAC has received all these applications
or if candidates have qualified with supporting signatures.
these are simply people who have said, publicly or privately,
that they intend to run. i presume that individuals can
withdraw at any time so this listing is simply an early and
wholly unofficial report for informational purposes only.

applications are available at www.tnnac.org/applicants.html

saturday, 25 june - Caucuses

domingo, 20 de febrero de 2005

5th annual Civil Rights Conference at the UTM

Gray to headline fifth annual Civil Rights Conference

University Relations
Volume 77, Issue 18
Issue Publication: 2005-02-15

Civil rights attorney Fred Gray will headline the fifth annual Civil Rights Conference at UTM.
http://www.yankton.net/stories/021505/community_20050215035.shtml


Fred Gray, civil rights attorney, who represented both Rosa Parks and Martin Luther King Jr., and won hundreds of school desegregation cases in Alabama, will headline the fifth annual Civil Rights Conference at the UTM. "Then and Now: The Road to School Desegregation in West Tennessee," is the theme for the conference, set for Feb. 21-26.

"The purpose of the week's events is to tell the story of school segregation from the perspective of the Native Americans and the African Americans who experienced segregated schools and desegregation in West Tennessee. The conference brings together a group of scholars, professionals and individuals who witnessed desegregation firsthand," said Dr. Alice-Catherine Carls, chair of the UTM Civil Rights planning committee.

The event will kick off, Feb. 21, with a mock trial of "Brown vs. Board," sponsored by the Student Government Association (SGA), the Black Student Association (BSA) and the Office of Multicultural Affairs at UTM. Poet and writer, Marilou Awiakta, author of "Selu: Seeking the Corn Mother's Wisdom," musicians, Tommy Wildcat, member of the Cherokee nation of Oklahoma, and J.J. Kent, member of the Sioux tribe, Oglala Lakota, from Pine Ridge, will be available for autographs, Feb. 22. A Native American exhibit also will be ongoing outside Watkins Auditorium in Boling University Center.

Gray is scheduled to speak at 7:15 p.m., Feb. 24, in Watkins
Auditorium in Boling University Center. Among several others, he has won cases including, "Browder vs. Gayle," which integrated buses in Montgomery, Ala.; "Gomillion vs. Lightfoot," which opened the door for redistricting and reapportioning the various legislative bodies across the nation and laid the foundation for the concept of "one man one vote;" and "NAACP vs. State of Alabama," a case that first outlawed the NAACP from conducting business in Alabama and, after being taken to the Supreme Court three times, eventually granted the NAACP the right to resume business.

Gray also won a case reinstating students who were unconstitutionally expelled from Alabama State College, a class action suit, which led to the Voting Rights Act of 1965, and filed suits that integrated all state institutions of higher learning in Alabama.