Here's a peep into why these groups solicite for recognition...
Confederation of Tennessee Native Tribes
Tennessee Native American Indians United
Confederation of Tennessee Native Tribes » Tennessee Native American Indian
Reference Material
* .Why We need Recognition [Coverletter by James E. Meeks (below)]
* Brochure about Tribal Recognition
* Tribal Recognition Resources/Authority
http://www.tennesseenativetribes.com...overletter.pdf
http://www.tennesseenativetribes.com...ognitionHP.pdf
http://www.tennesseenativetribes.com...sSources02.pdf
[3 pdf's attached ± 228k]
This material has been received by legislators in reference to SB3123/HB3299 (2008),
State Government - Grants state recognition to certain Indian tribes and groups; provides means for other Indian tribes and groups to receive state recognition.
Bill Information for SB3123
====== Forwarded Message ======
Date: 2/1/08 9:05
WhyWeAreAskingForTheBill 20080122 1658 CT Page 1 or 4
To: Our Tennessee Legislators
Why are we asking for the bill?
Our tribes want and need state recognition.
Why do we need legal state recognition?
1. It is a requirement of the federal Indian Arts and Craft Act P.L 101-644
As non-Recognized Native American Indians we are not able to create or market our wares, arts, and crafts as Native American Indian made. One member of the Remnant Yuchi Nation is a silversmith by trade. Three United States Presidents have been given pieces that he has made, and prior to the Indian Arts and Craft Act listed below, he was able to list the art as Native American Indian made,
but, as listed below, he could be fined and/or imprisoned for attempting to market his trade as Native American Indian made.
The Indian Arts and Craft Act P.L 101-644
(
http://www.newmexico.org/nativeameri...ow-the-Law.pdf)
(
Indian Arts and Crafts Board: The Indian Arts and Crafts Act of 1990)
Under the Act-
Indian is defined as a member of a federally or officially State recognized tribe, or certified Indian artisan;
Certified Indian artisan means an individual who is certified by the governing body of an Indian tribe as a non-member Indian artisan;
Indian product means any art or craft product made by an Indian;
Indian labor makes the Indian art or craft object an Indian product
Indian Tribe Means
Any federally-recognized Indian tribe, band, nation, Alaska Native village, or organized group or community, or
Any Indian group that has been formally recognized as an Indian tribe by a State legislature or by a State commission or similar organization legislatively vested with State tribal recognition authority.
Civil & Criminal Penalties
For a first time violation of the Act, an individual can face civil penalties or criminal penalties up to a $250,000 fine or a 5-year prison term, or both. If a business violates the Act, it can face civil penalties or can be prosecuted and fined up to $1,000,000.
For example, products sold using a sign claiming "Indian Jewelry-Direct from the Reservation to You", would be a violation of the Indian Arts and Crafts Act if the jewelry was produced by someone other than a member, or certified Indian artisan, of an Indian tribe. Products advertised as "Yuchi Jewelry" would be in violation of the Act if they were produced by someone who is not a member of the Yuchi Tribe.
WhyWeAreAskingForTheBill 20080122 1658 CT Page 2 or 4
2. To better the economic viability of our communities.
Unlike other minorities, Native Americans must have federal or state recognition to quality for the Minority Business Enterprise (MBE), MBE - Minority Business Enterprise
As defined by the Small Business Administration includes male and female business owners who are African American, Hispanic, Native American, Native Alaskan, Asian Pacific, Subcontinent Asian Americans (East Indian) and members of other groups designated from time to time by the SBA, and who are U.S. citizens.
Minority business status requires 51% or greater ownership by minorities as well as management and control of daily business operations, with experience or technical expertise directly related to the primary product or service of the business. Again to be considered a Native American for this purpose, they must be members of a federal or state recognized tribe, group or association.
HUBZones
A "HUBZone" is an area that is located in one or more of the following:
o a qualified census tract (as defined in section 42(d)(5)(C)(i)(I) of the Internal Revenue Code of 1986);
o a qualified "non-metropolitan county" (as defined in section 143(k)(2)(B) of the Internal Revenue Code of 1986) with a median household income of less than 80 percent of the State median household income or with an unemployment rate of not less than 140 percent of the statewide average, based on US Department of Labor recent data; or
o lands within the boundaries of federally recognized Indian reservations.
Native American Indians in Tennessee live in predominantly rural areas of the state.
Many of these areas are also classified as HUBZones. Native American Indians are classified as minorities. The dual whammy of minority status and the counties being HUBZones allow higher availability of small business loans and economic opportunities for tribes, bands, and groups.
WhyWeAreAskingForTheBill 20080122 1658 CT Page 3 or 4
Why hasn't the state recognized these tribes?
They tried. The state established The Commission of Indian Affairs. Sadly they have failed their mission and cease to function as mandated.
The Commission of Indian Affairs was created by the State of Tennessee to:
(1) Deal fairly and effectively with Indian affairs;
(2) Research and find local, state and federal resources of funding and other assistance for the implementation or continuation of meaningful programs for Indian citizens of the state;
(3) Provide aid and protection for Indians as needs are demonstrated;
(4) Prevent undue hardships;
(5) Assist Indian communities in social and economic development;
(6) Promote recognition of, and the right of Indians to pursue cultural and religious traditions considered by them to be sacred and meaningful to Native Americans; and
(7) Communicate with Tennessee's Indian communities and solicit communications from such Indian communities
Since 1983, the Tennessee Commission of Indian Affairs has failed to do what the neighboring states have done. This is the recognition of indigenous Tennessee Native American Indians.
The following is an example of the past and current commission's confusing and ineffective actions. "American Indian Organizations" (not tribes) were:
recognized
recognition was removed with the sunset of the previous commission
returned by the current commission
removed by the current commission
returned by the current commission and
removed again.
The current Commission of Indian Affairs has been in effect since 2003, and the Commission has failed to maintain a set of Recognition criteria necessary to recognize even one Native American Indian entity. As recently as December 29, 2007, at a special called meeting in Memphis, the Commissioners voted 5-2 to repeal the recognition criteria, which was placed into statute in June 2007.
The Tennessee Commission of Indian Affairs is scheduled to be sunset on June 30, 2008.
This date was enacted in Public Chapter 0516. In the most sunset review hearing, July 2007, a subcommittee of the Joint Government Operations Committee voted 4-1 to continue the sunset status as enacted in Public Chapter 0516.
WhyWeAreAskingForTheBill 20080122 1658 CT Page 4 or 4
Exactly what do we need?
1. Full permanent recognition for the tribes and associations noted in our proposed bill.
2. The creation of the Authority of the Confederation of Tennessee Native Tribes.
The Recognition requested and the Authority of the Confederation of Tennessee Native Tribes must be immediate and supersede any action or inaction by the current commission.
We appreciate any and all assistance in passing our bill this secession.
The thousands of Native Americans of Tennessee thank you.
Remnant Yuchi Nation
Upper Cumberland Cherokee
Chikamaka - Cherokee Band of the South Cumberland Plateau
Central Band of Cherokee
Cherokee Wolf Clan
Tanasi Council of the Far Away Cherokee
Native Cultural Circle
The American Indian Association of Millington Tennessee