state recognition vs. tribal reconnection

some descendants of indians in Tennessee want to be "recognized" by the state as politically-valid generic indians, competent and able to speak for the in-state interests of Cherokee, Choctaw, Chickasaw, Muscogee, Yuchi and other nations. the idea that biological descendancy creates national identity - that one drop of indian blood makes a person indian - is as false as any principle of racial determinism.

before a non-indian political entity like the State of Tennessee is used as the means of identifying the generic indian, two questions need to be competently answered:
1. what is the need for state-approved generic indians in Tennessee? and
2. what efforts have been made to reconnect descendants with their tribal relatives?

if there is no demonstrable need for an alternative authority on indian identity in the state, then we shouldn't be wasting our time trying to make a state agency act like a tribe.
and if no efforts have been made to re-establish contact and affiliation between descendants and existing tribes, we need to question the political intent of the descendants and apply ourselves to reconnecting the tribal-Tennessee relationship.

candidates: get real

in this election the two most important qualifications in evaluating the candidates, imo, are:

1. what has the candidate actually done for the TN indian community over the past 4 years?
   
2. what does the candidate propose to accomplish - with actual projects - for the TN indian community in the next 4 years?

history repeats itself. people who haven't done anything in the past will more than likely continue to do the same in the future. people who talk ideas but have no record of action to show how they implement their ideas are like Paul's clanging cymbal warning of 1 Cor. 13.

talk is cheap. action costs. we need people on the Commission who do things, who get things done, who will get us out of this morass of 'recognition' into projects that will physically benefit the indian community and the state.

get real. tell us precisely what you want to accomplish in the next year.
then maybe we'll vote for you.

responses to Questions

responses to Questions about organizational & individual recognition
at www.tncia.org/recognitionqueries.html

Questions about organizational & individual recognition

The following are some questions about the past and future Native American Indian Organizational and Individual Recognition in Tennessee that need to be answered before the state Commission of Indian Affairs considers writing new rules for Native American Indian organizational and individual recognition. We all should know and be satisfied with the complete answers to these questions before we go any further toward developing state rules about indianness in Tennessee.

1. Purpose of recognition
   
   
   
   1. What is the purpose of 'recognizing' Native American Indian organizations and individuals by the state of Tennessee? Is there a goal to 'recognition'?
      
   2. To what degree do the tribes, the state, the public, the organizations and the individuals benefit from state recognition of Native American Indian organizations and/or individuals?
      
   3. What are the material benefits of Native American Indian organizational and individual recognition? Will recognized individuals or members of recognized organizations qualify for K-12 federal funding, college scholarships, artisan status under the Indian Arts and Crafts Act of 1990, Small Business Administration 8(a) minority contract set-asides, Administration for Native Americans grants?
      
   4. What was the political situation that initiated discussion and desire for recognition criteria?
      
   5. How have organizations and individuals recognized in the past (1990-2000) as Native American Indian by the State of Tennessee benefitted from their changed recognition status?
      
   6. What are the problems associated with Native American Indian organizational and individual recognition?
      
   7. What are the traditional Native American Indian cultural values that are being promoted by state recognition of Native American Indian organizations and individuals?
      
   8. Is state-based 'recognition' of a person or group as Native American Indian a valid racial or ethnic entitlement, ie, a rectification of past injustice?
   
   
2. Authority
   
   
   
   1. Who recognizes indians as indians? Indians or non-indians? Tribes or non-indian governmental agencies?
      
   2. Why should the state be interested in 'recognizing' organizations or individuals as Native American Indian?
      
   3. Given the Equal Protection clause of the US Constitution, does the state define, determine and officially 'recognize' organizations and individual members of other racial/ethnic/minority groups?
      
   4. How is the principle of Tribal Sovereignty advanced through the development of Native American Indian organizational and individual recognition controlled and provided by a non-tribal public governmental agency?
   
   
3. Comparative recognition
   
   
   
   1. Which states have or had or are considering state tribal recognition and what are their regulations?
      
   2. Which states have or had or are considering state organizational recognition and what are their regulations?
      
   3. Which states have or had or are considering state individual recognition and what are their regulations?
      
   4. Given that other states have such types of recognition, what are the opinions of their Indian Affairs Commissions regarding the benefits and problems associated with each type of recognition?
   
   
4. Alternatives
   
   Tribes can charter affiliate organizations directly or or recognize an associated organization by resolution in the same manner as states.
   
   1. Which tribes have affiliate or associate organizational recognition?
      
   2. How are these affiliate or associate organizations chartered by the tribe?
      
   3. Native American Indian organizations and individuals in this state and in others have survived without recognition for years. How are they coping without recognition?
   
   
5. Elder relatives' opinions
   
   Being indian means that an organization or an individual is related by family to a larger and much older social group of a tribe or nation. As older relatives, their opinions should be requested and acknowledged. To deny them a voice is to deny relationship.
   
   1. Why did the Tennessee Commission of Indian Affairs amend the rules to severely restrict individual recognition in 1991, less than one year after implementation?
      
   2. Why did the Tennessee Commission of Indian Affairs call a meeting on 22 december 1997 to dismantle the recognition criteria seven years after implementation? Was that meeting ever held?
      
   3. What do tribes say about state recognition of Native American Indian organizations and individuals?
      
   4. What do other non-tribal indian organizations (eg, National Congress of American Indians, Governors Interstate Indian Council, Intertribal Council of the Five Civilized Tribes) say about state recognition of Native American Indian organizations and individuals?

   
   

on agendas

when we recreated the Commission, we wanted to be sure that the public was informed about the Commission's agenda items so we, the public, could know and follow what was being discussed, and to be able to have the opportunity for input into Commission decision-making before the Commission meeting. we've been disappointed several times by false, misleading and sometimes hidden agendas. some commissioners - past and present - have learned how to avoid public review of agenda items before the Commission meetings by either obscuring or simply not explaining the true nature of their agenda proposals (like 'caption bills' in the state legislature), or by adding new agenda items that nobody is prepared for at the meeting itself, or by bringing up a general topic during Commission meetings and turning it towards a motion that nobody else is prepared for - the old bait-and-switch.

these are dirty political tactics designed to blindside other commissioners as well as the public in hopes that surprise and lack of background information will improve the chances of their motion passing by the uninformed commissioner.

i hope you'll all take some time when this coming meeting's agenda comes out to review it - to make sure you know what's being proposed and the potential avenues for resolution. if you don't understand the agenda item, i hope you'll press the commissioner who proposed it to explain it, fully. additionally, i hope you'll ask whether the proposed agenda items move the Commission towards doing more, better projects or if it's discussion that will just stall the Commission for a couple more months, or even do it more damage.

an alternative TN NAI license plate proposal

dummy plate for demonstration purposes only not a suggested design ceremonial blade from Duck River cache, outline of Pinson mound, antique spelling of TN

eagle design proposed as NA design in 1997 already taken:

Creating a Tennessee state Native American license plate

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revising SB1307/HB0570: Special License Plates - Authorizes issuance of Native American cultural license plates.

Recommended changes to current proposed legislation: 1. Change definition to a "specialty earmarked plate" (TCA 55-4-202.c.6). was "cultural" - by definition all proceeds are allocated to non-indian state agencies. 2. Allocate all net proceeds to the Commission of Indian Affairs. was 80% Arts Commission, 20% Highway Fund per TCA 55-4-216 "cultural". 3. Set effective date at 1 January 2008. was 1 July 2007; provides 6 more months for planning/selling. 4. Set minimum number of plates at 500. was 1,000 (failed to sell 500 in 1997). AMEND Senate Bill 1307 / HOUSE BILL 570 to read accordingly: AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 4, to authorize the issuance of specialty earmarked Native American license plates. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 55-4-202(c)(6), is amended by adding the following as a new, appropriately designated subdivision: (_) Native American; SECTION 2. Tennessee Code Annotated, Title 55, Chapter 4, Part 2, is amended by adding the following as a new section thereto: Section 55-4-2__. An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-203, shall be issued a Native American specialty earmarked license plate for a motor vehicle authorized by §55-4-210(c), with all net proceeds from the sale of such plates allocated to the commission of Indian affairs. The specialty earmarked plates provided for in this section shall be designed in consultation with the commission of Indian affairs. The initial minimum order shall be five hundred (500) license plates. SECTION 3. This act shall take effect January 1, 2008, the public welfare requiring it. March 2007 SUMMARY OF REVISED BILL: Creates a Native American specialty earmarked license plate. ESTIMATED REVISED FISCAL IMPACT: Increase State Revenues - $4,380 General Fund $13,120 Dedicated Funds Increase State Expenditures - $4,380 One-Time REVISED Assumptions: Revenues (500 plates @ $35.00 each) Expenditures (Production cost ­ 500 plates @ $3.76 each = $1,880 one-time; computer system changes = $2,500 one-time; total $4,380) Five hundred new plates will be purchased by individuals that currently do not have a specialty license plate. Net proceeds from the sale of such plates will be allocated as follows: 100% to the Tennessee Commission of Indian Affairs ($13,120). $30.75 of the $35.00 additional fee is appropriated to the Commission of Indian Affairs. $30.75 x 500 = 15,375 tpk/march2007

an alternative agenda proposal for this coming saturday ...

Committee Reports

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(- what good are committees if they don't meet or report? let's use them.)
1. Agenda - need rules to control agenda-development process
2. Rules & Procedures
   1. Bylaws
   2. Standing Rules
      1. agenda development issues - how do items get on the agenda? - who controls agenda development?
         1. standardized blank format
         2. procedure for submitting agenda item proposals
         3. procedure for submitting resolutions
      2. discussion rules - rules for in-meeting discussion with second-party proposals
      3. minutes' DRAFT circulated electronically (email/internet) to the public as well as to the Commissioners in advance of the Commission meeting.
3. Education
   1. Basic (3 half-hour units, grades 5-12) school curriculum on Mississippian culture and the Three Sisters; approval of grant-writing.
   2. TN NAI music CD of TN indian musicians for school distribution; approval of grant-writing.
   3. TN NAI tourism map; approval of grant-writing.
4. Health Care
   1. Research Initiative/Health & Education Community Assessment
   2. Promoting diabetes screening and blood-donation in coordination with local healthcare institutions at all in-state pow-wows.
5. Funding - revised license plate proposal
   - Commission as unfunded mandate
6. Website - needs update, better integration, more references
7. Repatriation - Development of TN repatriation iniative of 11,150 "culturally-unaffiliated" NA remains using the Colorado Commission of Indian Affairs' model, support for working with the TN Archaeological Advisory Council and Division of Archaeology.
8. Housing - ?
9. Indian Memorial Project - TN AmInd Day? m, 24 sep 2007 TN AmInd Month? october 2007?
10. Legislative Committee - appointment for 2008 session

Old Business

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1. Tribal recognition criteria
   1. Hearing comments & responses
   2. Proposed tribal recognition rules: action
   3. Tribal recognition application: action
2. Mascot discontinuation: status
3. Recognition of the Historic Tribes of Tennessee: status
4. NA representation into the state parks' planning: action

New Business

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1. Review and comment on proposed or pending state legislation (TCA 4-34-103.9)
   1. SJR0002 Urges the TNCIA and the BIA to recognize the Cherokee Wolf Clan as Native American Indians.
   2. SB0162 Prohibits state agencies from prohibiting use of American Indian symbols, names, and mascots.
   3. SB1307 Authorizes issuance of Native American cultural license plates.
      • revised license plate proposal
   4. SB1371 Exempts bona fide Indian organizations from payment of $50 charitable solicitations registration fee.
   5. SB1681 Authorizes TDEC to issue recognition to certain Indian tribes; grants recognition to Cherokee Wolf Clan.
   6. SB2121 extends TNCIA to 2011.
2. Letter of commendation to Tommy Veal.
3. Next quarterly meeting date - proposed: saturday, 16 june, Chattanooga

;>

Chattanooga Commissioner Meet&Greet

- interested in talking about Tennessee Native American Indian politics,
locally or statewide, the current TNNAC elections for Grand Division
commissioners, or the current proposals before the Commission of
Indian Affairs, including the upcoming vote on tribal recognition criteria?

if so, you're invited to an hour-long Meet&Greet with Chattanooga
Commissioner of Indian Affairs tom kunesh at 6pm at Audubon Acres
next friday evening.

Meet&Greet
with Chattanooga Commissioner of Indian Affairs tom kunesh
6-7pm next friday evening, 16 march 2007
Audubon Acres, 600 Sanctuary Road Chattanooga TN

followed by
Native American Fireside Chat, Friday, 7:00 pm
info: Cleata Townsend at Audubon Acres
Chattanooga Audubon Society
a Trail of Tears National Historic Trail site
900 North Sanctuary Road
Chattanooga TN 37421
423. 892.1499

next TN Commission of Indian Affairs meeting
March 17, 10am - 4pm - Nashville
tentative Agenda

;>

____________________________________________________________________________

If there is a vegetative soul, an animating power that all things
share, there must be great rejoicing out there on windy days, ecstasy,
for trees move so slowly on calm days. At least it seems that way to us.
On days of high wind they move so freely it must give them
a cellular pleasure close to terror.

- Louise Erdrich, the Blue Jay's dance

nothing better to do

i am one of those people "who have nothing better to do" than to reflect on the Commission's most recent meeting and their passage of the 1990 recognition criteria and submission of the criteria to the state. i wish more people would have "nothing better to do" than to consider these actions because, in fact, it is one of the Best things to do: to actually read the 1990 recognition criteria and reflect on the State's reaction to adopting them as State rules.


the point of criticism regarding the Commission's vote to propose the 1990 Recognition Criteria to the State for adoption as state rules is
(1) to show the inherent defects in the 1990 Recognition Criteria,
(2) to account for the Commission's actions these past two years that led to the Commission ignoring public comments and a good rules proposal, then submitting a known defective rules proposal to the state, and
(3) to advocate action on an effective solution - the alternative proposal that has been proposed to the Commission for seven months now.

there is nothing "unfair" about criticizing a governmental agency's lack of forward movement on an old issue, or an agency's failure to recognize the inherent defective nature of an out-dated proposal. government is the political arena, the recognition criteria are a political issue, and commissioners are political appointees. when proper action is not taken in a timely manner, and when bad action is taken whenever, criticism should not only be anticipated, it should be welcomed. in fact, it's only through criticism that we learn of our own weaknesses, and only through criticism that we learn what needs to be fixed and made strong.

yes, the 1990 recognition criteria was approved by the Commission a year ago - 12 march 2005, but it was not submitted to the state Attorney General because of the controversy surrounding various elements in it, and because it was not corrected to fix the numerous problems that it contains.

yes, the Advisory Council on TN Indian Affairs (ACTIA) used the 1990 recognition criteria as its starting document. and ACTIA also used the two (2) public hearings (23 october 2004 & 30 april 2005) that the Commission itself held on the 1990 recognition criteria, resulting in a much-improved document submitted to the Commission for review seven months ago (8 october 2005). to date this document, and the hearings that generated it, have been effectively ignored by the Commission.

TDEC attorney Ed Harris advised the Commission in december 2005, "Don't waste the State's time if you're going to keep making changes to the criteria after it's been reviewed." - what did the Commission do? it submitted an inherently defective recognition criteria to the State that is in desparate need for a complete overhaul.

repeated hearings on the issue (20 may 2006 plus one more this summer after the Commission decides what changes to make and re-submits a revised criteria to the State for public comment) - with many past requests for changes (23 october 2004 & 30 april 2005) but no changes made, and repeatedly passing the defective 1990 recognition criteria (12 march 2005, 6 march 2006) - calls into question the competence of the Commission, not just among members of the indian community but also among legislative observers. this isn't criticism, it's political fact.

the ACTIA proposal contains the date "1900" in relation to "A history of the petitioning group from [year]", the same as federal recognition criteria, as approved by ACTIA in august 2005 and again in february 2006. the inclusion of the date "1796" (the year of Tennessee's creation as a US state) was an oversight carried over from using the Commission's own amendment and passage of the 1990 recognition criteria in march 2005.

another public hearing - the third, on a still-unchanged 1990 recognition criteria - is two steps backwards, to the same point we were two years ago, before the first two hearings. after this coming hearing in may, the Commission will have to decide, again, what to submit to the state, and then hold yet _another_ (fourth) public hearing to review the next proposal.

what would be truly beneficial is for the Commission to pay attention to the indian community's previous contributions at past hearings (including posting the testimony/minutes of those two hearings) and review the submissions by the indian community rather than shutting their ears, eyes and minds and going backwards to a defective recognition criteria. nobody is making the Commission look incompetent other than itself when it submitted defective rules to the state for review. the "us and we" gave our input to the Commission over the past two years, and it has been ignored. - should we expect anything different from more hearings?

this criticism is intended to be instructional and constructive. we are in the same position as we were two years ago: a defective 1990 recognition criteria on the table. the -only- difference is that one organization has taken the time to respond to the indian community's critique of the 1990 recognition criteria, drafted the major corrections, and submitted it to the Commission for review. and it was summarily rejected. ask yourself: - what does the Commission's rejection of public input at the past hearings and rejection of the only valid recognition-criteria proposal teach us? easy - it teaches us that the Commission is on a different path than the statewide indian community.

what is the resistance to the ACTIA proposal? that it's "too wordy"? that a version of it contained a typo? that the Commission didn't want to make its own amendments to it? that third-party genealogical certification of genealogies submitted to non-genealogists costs too much?

• the ACTIA Recognition Criteria is a rewrite of old problematic rules. it has slightly more words in it (142 or 6.1%) than the legislation that created the Commission. if a public servant, a political appointee, has a problem reading and understanding the 2223 words of the law that governs their state agency, or a problem reading and understanding 142 more words that better define who and what will be recognized as indian in the state of Tennessee, that person should not be a state commissioner representing indian people.
  
  
• 1189 words - 1990 Recognition Criteria
  2365 words - 2005 ACTIA Recognition Criteria proposal
  2223 words - 2003 TNCIA authorizing legislation
  [legal references ("Authority", "Original rule filed ...") removed]
  
  
• typos can and should be fixed. they shouldn't prevent passage of a good proposal, nor should they be used as an excuse for not passing a good proposal.
  
  
• the Commission exists to improve things, and showed that it could amend the 1990 recognition criteria by adding a $20 fee. the Commissioners were completely capable of amending the ACTIA recognition proposal accordingly, but chose not to. - why? they don't say.
  
  
• the Commission is not composed of genealogical and historical experts, yet they are putting themselves in the position of determining genealogical and historical fact from fancy through the creation of recognition criteria. - should the indian community and the State accept neophytes and amateurs making determinations about genealogical and historical fact for which they have had little or no training? no. third-party certification of genealogical materials is the only way that i know of for the Commission, the people they represent and the State (all second parties) to trust that the Commission's decisions about tribes, organizations and individuals petitioning for recognition (the first party) are credible. yes, professional certification costs the petitioner, but it's either make the petitioners pay the financial costs up front, or kill the Commission in a year with a total lack of credibility. personally, i prefer keeping a credible Commission.
  

bottom line: we all should be working on improving the ACTIA-proposed recognition criteria, not the 1990 recognition criteria that the Commission submitted to the State that will never pass.


±1300 words.

;>

Not learning from the past

Issues decided at the 4 march 2006 TN Commission of Indian Affairs meeting in Nashville:

1. approved the original 1990 recognition criteria,
   with an amendment adding a $20 processing fee,
   to be submitted to the state for review and public hearings.

This takes us right back to where we started in 2004, as if the Commission never held its two public hearings, didn't learn anything from the public input, had no use for the study and research the Advisory Council did on the issue, and likes to pretend there's nothing wrong with the old criteria. Now instead of proposing the solution to all the issues previously addressed, we have to re-visit all the problems and fight for the solutions in more public forums.

I can understand ignorance as an excuse at the first meeting of the new commissioners (december 2005 in Memphis), but now it's either stupidity or plain old reactionism that just prevented the Commission from adopting the solutions to the problems inherent in the old recognition critieria. Either way, the stupids and the reactionaries either need to get smart and with it fast, or get recalled for incompetence. I suggest smartening up fast.

TN Indian Affairs

TN Indian Affairs
Vicky Garland's Unofficial Notes
TNNAC Regular Board Meeting
January 21, 2006
Call to OrderPrayer- Doug Kirby
Roll Call
Cleata Townsend-Chair Chattanooga
tom kunesh- Vice Chair Chattanooga (Secretary)
Wally Leary- Alternate Chattanooga
Lynn Clayton- Chair Jackson
Jo Nicholson- Vice Chair Jackson
Norm Clayton- Alternate Jackson
Sandi Perry- Chair Nashville
Dale Mitchell- Vice Chair Nashville
Annette Lawson- Alternate Nashville
Doug Kirby- Chair Manchester
Vicky Garland- Vice Chair Manchester (Vice-Chair)
Charles Lawson- At-Large
Guests
Deborah Rodriquez- Delegate Nashville
Mark Tolley- Delegate Nashville
Absent
John Smith- At-Large- (Chair) Having tests run on his back
Helen Wagner Vinson- Chair Memphis- Sick
Ed Vinson- Vice Chair Memphis-Down in his back
Cecilia Tolley- Alternate Nashville- out of State

Agenda Review/ Approval.Approved with a few additions2. Reports
Will approve the August 28, 2005 minutes online excluding: the executive session parts will be omitted from the web page minutes APPROVED
October 22, 2005 minutes read. APPROVED
Bylaws say post minutes 21 days after the meeting. Clarification: post 21 days after the meeting at which they were approved

Filing State papers leave it at Lynn's Address for now and save $20.00
Treasurer's report
Chairman- AbsentVice Chair- Commission nominationsAll number one selections were seated on the commission by the State. They had their first meeting in December.
Referendum statusI have taken care of that myself. It is in the process as we speak.
Committee Reports
Web Page- tom kunesh gave an update of what was included.He was asked to include AG's opinion on the three organizations relationship to each other
ATTENDANCE Committee- Vicky& DougRequest from the secretary's of both TCIA and ACTIA for their membership attendance records after each meeting, with ours being furnished on www.tnnac.org will supply them with a copy of ours if requested
TNCIA Report-No one was there from the group to supply a report tom mentioned some things that went on at their last meeting and about the Feb 11th meeting on recognition, legislative review, amendment to the Law to change from 2 nominees to just one (1)
ACTIA- Sandi Perry New SecretaryNext meeting is February 4,

2006Review of the election cycle and adoption of new permanent time line.
Application period opens on the First of March
Closes the end of April
aucuses will be held the 4th Saturday in June in election years
Convention will be held the 3rd Saturday of September in election years.
Appointments of Committees
Chairperson's job: TABLED
Appointment of Alternates (2 instead of just 1)Vicky proposed and asked Charles Lawson if he would be interested in being an At Large member of TNNAC. He spoke briefly and agreed.
Then we appointed Annette Lawson as the 2nd Alternate for NashvilleBoard voted and APPROVED
Wally Leary was made Alternate forChattanoogaAPPROVED

PROPOSED AMENDMENTS-Split Secretary and Treasurer- 3rd and final reading FAILED
Amend Quorum- PASSEDHave a First Vice-Chair and a 2nd Vice Chair- this was the 2nd reading and voteAPPROVED

Wording for phone-in meeting Approval- TABLED

Write letter to Commissioners and concerned parties about Legislative review questionnaire needing input of the Indian community - APPROVED
Write letter to commissioners and concerned parties about amendments without the input of the Indian Community- APPROVED

One or two day convention
Decided to have the convention one day, but to have socializing on the Friday night before the convention and have the nominees politic the morning of the convention with question sessions of nominees, then hold the convention in the afternoon after lunch, with continued socializing Saturday night. APPROVED
How to improve Greeneville and Knoxville's participation
Meeting with the organizations, fliers, press, meet and greets.Vicky is suppose to call the Commissioners in the East and Knoxville about meet and greets in their areas

tom is suppose to update our tri-fold brochure

Updating TNNAC's standing rules and posting to the net
Minor word changes- APPROVED
Time limit for public comments- 3 minutes- APPROVED

Mark Tolley addressed the board about Penson Mounds

Next meeting Sunday April 23, 2006 at 9:30 central time at the Honors building
Agenda items for next meeting
Old businessPhone-in votes
Dale's proposal on delegates
Committee appointments
Doug's proposal on redistricting caucus areas
Nominees for Vice Chair- Lynn Clayton, Jo Nicholson, Cleata Townsend
Motion to adjourn 2:30 APPROVED

doc 1: original 1990 TNCIA recognition criteria

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

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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/

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.

###

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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/

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/

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

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

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

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

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