Observer
Tribal Trouble in Tennessee
Given the limited number of Native Americans, it would be natural to expect that today’s tribes would welcome the recognition of any new group with a proper claim to Indian heritage. But things don’t always happen the way you expect.
The federal government grants official recognition to the biggest and best-known tribes, making them eligible to receive assistance through a variety of programs. But there are hundreds of tribes still trying to navigate the arduous federal recognition process. As a result, about 20 states grant separate recognition under the terms of state law.
That can help the aspiring tribes in several ways—giving tribal leaders standing in child welfare cases, for example, or taking the Indian viewpoint into official accounts when history lessons are drawn up for schoolchildren. But for the most part, state recognition plays no role in determining eligibility for federal programs.
Even so, some of the established tribes don’t like to see the states doing this. That’s the case in Tennessee, where the legislature recently took up a bill, sponsored by top leaders in both chambers, that would have granted recognition to a half-dozen remnant bands living within state borders. The influential Cherokee tribes, headquartered in Oklahoma and North Carolina, objected strongly, in part because they felt that some of the bands were actually Cherokee and thus should be folded within the larger group under federal rules. “The recognition of Native American tribes has always been a matter of federal law,” says Bob Tuke, a Nashville lobbyist retained by the Cherokee. “The Cherokee naturally have a good bit of pride and legal interest in making sure that their nation remains properly identified.”
And financial interest, too, to hear the bill’s sponsors tell the story. Tennessee does not allow casino gambling, but state recognition of the applicants would have given them authentication for a variety of arts and crafts they sell and possibly brought in substantial revenue. “It’s very, very, very clear to me that what it’s about is people who currently have recognition simply don’t want anyone else recognized,” says Jason Mumpower, the Tennessee Republican House leader. “There is a pool of money that comes to them, and they don’t want it diluted anymore.”
Similar complaints have been heard in other states, many of which have set up councils to determine the groups that should receive recognition. Sometimes this process works well, but critics contend that it can function as just one more means of barring new members from the club.
Tennessee set up such a board within its Commission on Indian Affairs a dozen years ago. The board has yet to recognize a single tribe.
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Tell us Mr. Kunesh. What is your blood quantum ?
Blood quantum is not the answer. Of course blood quantum is not the answer if you have no degree what so ever of Indian blood. Blood Quantum is genetically inherited.
Tell us Mr. Kunesh. What is your blood quantum ?
You know he will never answer that inquiry. Any response he gives will be his mother is an enrolled member of the Standing Rock Nation. The question should be worded. Is your mother Indian ? And ask him for an explaination of how a Non-Indian managed to get on the roll of a federally recognized tribe.
by Anonymous (not verified) |
by Anonymous (not verified) | November 5, 2009
Wannabe's
"Tennessee has had a viable recognition criteria that mirrors the federal regulations."
With the exception of one thing. Actual blood quantum. Mention blood quantum to those who claim to be Indian and they flee like bats at sunrise.
< Mention blood quantum to those who claim to be Indian and they flee like bats at sunrise.>
Hummmmmmmm. Interesting to say the least ! Mr Tom Kunesh seems to have left the building in haste with your questions.
"some of the bands were actually Cherokee" ?!
You are putting words in the CNO's mouth that they would spit out. On several occasions in the 2008 and 2009 legislative sessions representatives of the Cherokee Nation of Oklahoma, including the chief, a policy analyst and a supreme court justice, explained to Tennessee state legislators that none of these 5 groups had presented any evidence of their claims to be tribes.
State-recognized tribes are not allotted federal monies that were established as treaty terms of agreement. Since these 5 organizations did not exist prior to the year 2000, have no land base, no population center, no system of governance, no population to govern, and no history of any inter-governmental interaction, it is difficult to see how they could obtain any federal monies. There have been groups that have claimed to be tribes and have _fraudulently_ obtained federal _education_ monies, but no state-recognized tribe that i know of receives any drop from the imaginary "pool of money" owed to federally-recognized tribes by the US government in exchange for the lands it took.
And let's not be coy about naming these groups, the "Confederation of Tennessee Native Tribes":
1. Remnant Yuchi Nation
2. Upper Cumberland Cherokee (also known as the United Eastern Lenape Nation)
3. Chikamaka-Cherokee Band of the South Cumberland Plateau
4. Central Band of Cherokee (also known as the Cherokee of Lawrence County)
5. Cherokee Wolf Clan
6. Tanasi Council of the Far Away Cherokee
It's the "Remnant Yuchi Nation", founded in 2007, located up in the northeast corner of the state, home of "Jason Mumpower, the Tennessee Republican House leader" _and_ Ron Ramsey, the Tennessee Republican Senate leader and gubernatorial candidate, Mumpower's and Ramsey's constituents, that Rep. Mumpower and Sen. Ramsey really want recognized. And it's the self-proclaimed "chief" of this group who freely admits "I am not Yuchi. I have never claimed to be Yuchi. ... I only intend to build a Yuchi Village, because I believe the Yuchi were in this area."
The other 5 groups that claim to be Cherokee may be groups of descendants, but to call them 'tribes' without first checking their facts and ascertaining their history is just bad journalism. None of these groups have provided any public documentation of their history or group governance or cultural ties to tribal culture. All of these groups have been repudiated by the Cherokee Nation of Oklahoma - see their specially-made video on the subject and watch for the names: "Cherokee Nation: What is a real Indian Nation? What is a fake tribe?" www.youtube.com/watch?v=gp7Z4eiEuaw
Get real. Read the state tribal recognition criteria that the state Commission of Indian Affairs has now passed twice: Chapter 0785-1 -- Proposed Recognition Criteria for Native American Indians (www.state.tn.us/environment/boards/tcia/pdf/0785_1.pdf). Ask the groups if they can meet that criteria. They'll say 'yes', of course, so stick with it ... ask for the names of their present leaders and board members, and the names of their leaders and board members ten years ago. Ask for a copy of their bylaws. Ask for a brief written history that shows who their leaders were and what they as a group were doing in 1900 and 1950. If you get actual verifiable answers to these questions, then you will have obtained something very valuable, something nobody else in the state has been given. Then you can tell us what you've found out. Until that time, you shouldn't be calling start-up culture clubs "tribes".
Mumpower's Narrow, Arrogant View
Mumpower and Ramsey might as well face it, this issue is political suicide and they both fell into Lee Vest's(Fake Yuchi Chief) fundraiser/money lined trap.
Mumpower is quite misinformed. Who told him that state tribes get money?? Realizing that now would make him have to back off the issue and this arrogant, hateful man thinks he is always right.
Ramsey is also caught in this trap where if he backs out now, he looks like a fool but realizing all to late that his pet Yuchi tribe is a tribe of fakes dreamed up out of the book "tribes that slumber" and because vest had the vision to know that if his fake tribe sought recognition as Cherokee, he would suffer the ire of the CNO.
Fake Euchee and Cherokee Indians, it all comes down to one thing, none of you (ZERO) have made public that your tribes or for that matter, any single one of you are what you want us to think you are.
The retarded state legislature committees sat there dumbfounded, none asking the ALL IMPORTANT question, 'may we see your proof of legitimacy?' and just passed the bill along from committee to committee.
I do hope that legislators wake up and smell the stench of this LIE and ask THE QUESTION,
'May we see your proof?'
Do your job, Tennessee legislators!
This is by far the most
This is by far the most poorly researched one-sided article I've ever read. Please enlighten us all, Mr. Greenblatt, as to exactly how you researched the information you've presented. Or is this an opinion piece and you just forgot to mention that?
Recognition
Tennessee has had a viable recognition criteria that mirrors the federal regulations. If it had been applied and enacted as it should have been then perhaps some of the questionable organizations would have no leg to stand on. Sadly, the persons who opposed that criteria are now left with groups making end runs thru the legislature to get recognition without having to meet any sort of criteria.
tribal "recognition" in Tennessee
Tennessee had recognition criteria - for tribes, organizations and individuals from 1990, revised in 1991 (www.tncia.org/1991TCIArecognitioncriteri.html), to 2001 when it was sunset. It's "viablity" was questioned in 1997 when the Commission recommended terminating it completely.
In March 2007 the new Commission approved new tribal-recognition criteria (www.state.tn.us/environment/boards/tcia/pdf/0785_1.pdf), but was then directed by the legislative Rules Review Committee to rescind the rule if the Commission wanted to survive the upcoming legislative session. The Commission of Indian Affairs complied and rescinded the rule in December 207, survived the 2008 legislative session itself but then ran into the 6 culture clubs that submitted bills to bypass Commission review for their own legislative recognition (www.tncia.org/hb3299/). The persons who supported the 2007 criteria are now split into those who continue to favor objective recognition criteria based on the federal model, and those who now want their organizations recognized first, with criteria to follow, thereby exempting themselves from community review. The Tennessee Commission of Indian Affairs has approved the tribal recognition criteria again, and is being opposed by six groups - five calling themselves Cherokee, one calling itself Yuchi - that have formed their own "Confederation of Tennessee Native Tribes" (www.tennesseenativetribes.com) PAC.
The 2010 legislative session will bring new tribal recognition initiatives from these groups sponsored by the Republican leadership that has sponsored them in the past and now controls both the state Senate and House.
The Sunset Review committee held a hearing on the Commission in October, heard testimony, and adjourned with no comment. Senate Speaker/Lt.Governor has promised that there will be no legislative extension, and that the Commission - and any rules it passes - will die at the end of June 2010.
TN's rescinded recognition criteria
tom kunesh wrote:
In March 2007 the new Commission approved new tribal-recognition criteria (www.state.tn.us/environment/boards/tcia/pdf/0785_1.pdf), but was then directed by the legislative Rules Review Committee to rescind the rule if the Commission wanted to survive the upcoming legislative session. The Commission of Indian Affairs complied and rescinded the rule in December 207, survived the 2008 legislative session itself but then ran into the 6 culture clubs that submitted bills to bypass Commission review for their own legislative recognition (www.tncia.org/hb3299/). The persons who supported the 2007 criteria are now split into those who continue to favor objective recognition criteria based on the federal model, and those who now want their organizations recognized first, with criteria to follow, thereby exempting themselves from community review. The Tennessee Commission of Indian Affairs has approved the tribal recognition criteria again, and is being opposed by six groups - five calling themselves Cherokee, one calling itself Yuchi - that have formed their own "Confederation of Tennessee Native Tribes" (www.tennesseenativetribes.com) PAC.
-----
to which the question begs to be asked: WHY did the Legislative Review Committee direct the commission to rescind the recognition criteria that it, the TN Comm of Indian Affairs, had spent nearly its entire existence to craft? Were they pressured by the CONFed group? Where were ANY and/or ALL of the CONFed members when the criteria was being worked on for so many years? Only after the final draft was sent to the state for approval and then to become law, did the CONFed group begin its complaints about the criteria to legislators.
It's mighty conincidental that no sooner than the criteria is rescinded, the CONFed group begins its asault on the legislature; happily by-passing the Commission of Indian Affairs. It's too bad "influential" legislators in TN have been woodwinked as much as it's too bad that TN's legislators rely on the foxes who're wanting to guard the henhouse for their "information" instead of educating themselves on what it is that they propose to do for AND TO the taxpaying citizens of TN - AND - to legitimate, federally-recognized Nations - whose 'recognition' is NOT about 'race' but is, instead, based on historical government-to-government documents, Treaties, and numerous federal court cases.
Do the research and find any documentation that supports the claim of these groups' existence prior to 1970, 1950, 1930 ... and past that! It's simply not there.
Wannabe's
"Tennessee has had a viable recognition criteria that mirrors the federal regulations."
With the exception of one thing. Actual blood quantum. Mention blood quantum to those who claim to be Indian and they flee like bats at sunrise.
quantum as an Indian Affairs commissioner requirement
The 1983-2001 Tennessee Commission of Indian Affairs had a "blood lineage" requirement of 25% for 3 of its 5 commissioners. When the "blood lineage" of a newly appointed commissioner was challenged in 2000, the TDEC commissioner determined that "blood lineage" was not quantifiable, and then passed it on to the state Attorney General.
The state Attorney General determined that "blood lineage" aka "blood quantum" is a "race-based classification", "a violation of the Equal Protection Clause", would not "survive a strict scrutiny analysis" and is therefore "unconstitutional" unless "compelling state interest" is demonstrated.
See AG Memo of December 20, 2000 Re: Request for Informal Opinion - Validity of Statute Requiring Tennessee Commission of Indian Affairs to Consist of at Least Three Individuals of Native American Lineage (www.tncia.org/bloodquantumopinion.html)
When considering a blood-quantum requirement for commissioners of Indian Affairs in Tennessee, the question arises, How much? Given that the primary historical federally-recognized tribes of Tennessee are the Cherokee, Chickasaw, Choctaw and Muscogee/Creek/Yuchi, it's reasonable to use their tribal blood-quantum requirements as a basis for setting a standard in Tennessee. All require direct/lineal blood descendancy. The Cherokee Nation of Oklahoma has no blood quantum requirement, or 1/∞. The United Keetoowah Band's bq requirement is 1/4. The Muscogee/Creek requirement to hold office is 1/4, but citizenship is open to 1/∞. The Chickasaw Nation in Oklahoma bq requirement is 1/∞. The Choctaw Nation of Oklahoma's bq requirement is 1/∞.
It would be hypocritical to require more requirements for a Tennessee commissioner of Indian Affairs than the federally-recognized tribes themselves require of their own members: direct/lineal blood descendancy and a blood quantum requirement of 1/∞. But that would then open Native American Indian representation to the state of Tennessee open to tens if not hundreds of thousands of descendants whose families have not maintained any tribal contact over the past 171 years since US racial cleansing of this land.
Culture and tribal affiliation are not genetically inherited. Blood quantum is not the answer.
Blood quantum is not the answer.
Blood quantum is not the answer. Of course blood quantum is not the answer if you have no degree what so ever of Indian blood. Blood Quantum is genetically inherited.
Tell us Mr. Kunesh. What is your blood quantum ?
real indians
There are groups in the southeast that claim to be Cherokee but qualify anyone as a member of their unit who signs a statement saying he or she is Cherokee and pays a membership fee. These are totally phony outfits. But, someone bearing a "certification" can apply for minority contractor status applying for federal contracts.
minority contractor / SBA 8(a) status
Culture clubs frequently use the name of a recognized Native American Indian tribe and the word "Nation" in their organizational title to claim political status equal to federally-recognized tribes. The SBA has accepted as Native American Indian at least one individual from a Tennessee group that claims to be a "Nation", and the individual's business has SBA 8(a) status that specifically pursues federal contracts.
When the SBA Inspector General was informed of the fraud, we were informed that the SBA has no actual criteria for determining who is or is not Native American Indian. I presume the same lack-of-individual criteria applies equally to women and racial minorities as well.
membership
Admittedly there are phony groups out there selling memberships. Fortunately, none of the State recognized Tribes in the surrounding states do this to the best of my knowledge. Neither the MOWA, or any of the Cherokee Tribes practice "membership" selling. They use fair but strict criteria for enrollment based on tracing lineage thru source documents to the historical rolls and census'. Fees for most of the Tribal entities consist of a modest 5 to twenty dollars to cover the cost of processing documents and then unless you lose your card there are no other costs. Sorry if you believe otherwise.
Of course even in Federally recognized Tribes there is fraud or people of questionable lineage who get enrolled.
Oh really. How is it then
Oh really. How is it then that the Cherokee Tribe of North East Alabama boast openly of having members in Canada, Japan and Africa ?
You say "They use fair but strict criteria for enrollment based on tracing lineage thru source documents to the historical rolls and census'.
Please explain how the tribe verifies the genealogy of those who claim to be cherokee from Japan or africa ?
Wanabe's In Tennessee
Tennessee set up such a board within its Commission on Indian Affairs a dozen years ago. The board has yet to recognize a single tribe.
The current commission has but one actual Indian seated. The remaining 6, including the chairwoman are all Wannabe's who know nothing about Indian identity. TNNAC, a private group, is charged with granting Indian preference for those cadidates who run for a seat on the commission. TNNAC and its board consist of not one single Indian. ACTIA an advisory group is also made up of non-Indians.
http://www.tntimes.net/
They have never gotten beyond the issue of determing who is an Indian and who isn't Naturally white people who wannabe Indian never want other white people to be Indian either.
recognizing tribes in TN
During the first Commission's 18-year tenure, 11 of which had tribal recognition criteria, only one organization applied for tribal recognition: the Aniyunweya Nation of Indigenous Native Indians of Tennessee in 1999. The request was turned because, as the Commission determined, the group did not meet the tribal criteria. Later it was discovered that the group's "Principal Chief" was not Indian as he had claimed.
During this second Commission's 5-year life, tribal recognition criteria only existed for six months before it was rescinded at the direction of the legislative Rules Committee chairman in hopes of preserving the Commission. During that time, three groups - the Chikamaka Cherokee, Cherokee of Lawrence County, and United Eastern Lenape Nation - requested applications. None submitted the applications because as soon as the Rule 0785-1 went into effect, the Commission was told to repeal it.
The current seven-member Commission has but one member of a federally-recognized tribe on it (EBC). One is the son of a member of a federally-recognized tribe (SRST). One is the husband of a member of a federally-recognized tribe (MBC). One is a former member of an Alabama-recognized tribe. Three claim descendancy but did not request 'Indian Preference'. One, through no fault of his own, was appointed to replace the chairperson, a member of a federally-recognized tribe (ChoctawNO). That chairperson nominated her own replacement as chair, a descendant.
TNNAC was created to serve as an election agency that would sponsor elections within the Native American Indian community and nominate the top winners around the state to the governor and speakers of the state House and Senate for appointment. Membership on its board is open to any interested. 'Indian Preference' is to be given upon meeting the same individual recognition criteria that the first Commission had used in 1990-91. It is to be given upon proof of Native American Indian descendancy, using essentially the same one-drop - 1/∞ blood quantum rule used by the historic tribes of the state now in Oklahoma. The last TNNAC board member who is also a member of a federally-recognized tribe, and was the Commission's former chairwoman, recently resigned, leaving no federally-recognized tribal member on the TNNAC board. The TNNAC board has two members of the Virginia-recognized Monacan Nation on it, and another board member is, i believe, a member of an Alabama-recognized Cherokee tribe. All others claim Native American Indian descendancy but there is no requirement to prove it.
ACTIA, the Advisory Council on Tennessee Indian Affairs, is composed of members of federally-recognized tribes, state-recognized tribes, Native American Indian descendants, and non-indians. Its last board meeting was composed of one member of a federally-recognized tribe, one member of a state-recognized tribe, and two non-indians.
The active descendants are more numerous and more aggressive in their campaign to win "recognition" for themselves as tribes and thus as individuals. Their participants outnumber the involved members of recognized tribes and their supporters. The active descendants call themselves "Indigenous Native Tennesseans" and all others Indians "foreigners".
It appears that the only resolution on the "recognition" issue will be through the state legislature. And that itself is problematic since Tennessee is largely Republican and now promoting itself as a champion of state's rights, including its right to determine what is a Native American Indian tribe, and to recognize whatever tribes it chooses, regardless of historical and political legitimacy. (See the Attorney General's 2007 opinion 021, State of Tennessee's Authority to Recognize Indian Tribes, http://state.tn.us/attorneygeneral/op/2007/OP/OP21.pdf.)
indians
Sorry that you have such a narrow opinion of what constitutes a "real" Indian. Many of the members of all of the organizations you mentioned are members of either State or Federally recognized Tribes.
Understandably, you or I may disagree with their opinions but that makes them no less legitimate.