Issues Affecting American Indians in Tennessee
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American Indians in Tennessee government volunteer service
TN Archaeological Advisory Council
mandated 3 Native American representatives
  • Michael Lynch, West Tennessee (2008-12)
         member, Choctaw Nation of Oklahoma
  • Pat Cummins, Middle Tennessee (2004-08)
         descendant, Cherokee
  • Mark Cantrell, Middle Tennessee (2010-14)
         unknown tribal affiliation
  •   TN Historical Commission
    mandated inclusion of person/s
    of Native American ancestry

  • Brent A. Cox (2008-2012)
    444 Cades Atwood Road
    Milan, Tennessee 38358
    731-723-9994

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    TN Commission of Indian Affairs
    Website of the (defunct) TCIA * History of the 1st & 2nd TNCIA

    Greene (CNO) v. TCIA   filed 30 June 2010
    Commission terminated     30 June 2010


    Issues Affecting American Indians in Tennessee


    Issues Affecting American Indians in Tennessee
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    SB3033 Amendment - turning TCIA Rule 0785-1 into Law

    SB 3033 by Faulk ( HB 3307 by Mumpower)
    http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB3033

    State Government - As PROPOSED TO BE AMENDED at monday's Senate Ad Hoc Committee on Indian Affairs, will NOT establish federal standards for federal recognition of Native American Indian tribes as the state standards for state recognition of Native American Indian tribes. - Amends TCA Title 4.

    INSTEAD it strips out all 25CFR federal code tribal recognition criteria from SB3033 and replaces it with the language of TCIA's Rule 0785-1, replacing the TCIA with the Secretary of State as the determining agency.
    ... essentially making the TCIA Rule into a state law. still, with no public disclosure requirement, no hearings, no participation of existing tribes, no challenge of a false positive.

    the amendment was approved 3-1 and will be proposed at
    the next Senate State & Local Government Committee.

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

    AMEND Senate Bill No. 3033* House Bill No. 3307
    by deleting all language after the enacting clause and by substituting
    instead the following:

    SECTION 1. Tennessee Code Annotated, Title 4, is amended by adding the
    following language as a new chapter 56.

    4-56-101.
    As used in this chapter:
    (1) "Applicant" means Native American indian groups applying for Nation,
    Tribe or Community recognition by the state of Tennessee;
    (2) "Department" means the department of state;
    (3) "List" means the updated membership list to be submitted to the
    department by applicants and recognized Nations, Tribes, and Communities;
    (4) "Nation," "Tribe," or "Community" for the purposes of this act, means
    an assembly of Native American indians who are related to each other by
    blood or kinship and includes "band" and "clan";
    (5) "Recognized" means being acknowledged as a Native American Nation,
    Tribe or Community by the state of Tennessee;
    (6) "Roll" means the official list of recognized Native American Nations,
    Tribes and Communities in Tennessee;
    (7) "Secretary" means the secretary of state;
    (8) "State" means the state of Tennessee.

    4-56-102
    (a) Eligibility for recognition by the state of Tennessee as a Native
    American Nation, Tribe or Community shall be determined using the
    following criteria:
    (1) The applicant for recognition as a Native American Nation, Tribe or
    Community is indigenous to Tennessee and has been identified on a
    substantially continuous basis as a Native American indian Nation, Tribe
    or Community throughout the history of the group;
    (2) A majority of the applicant’s members inhabit 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 a majority of its members consist of individuals who have
    established verifiable documented descendancy from an Indian tribe which
    has historically inhabited the State of Tennessee;
    (3) The applicant has maintained tribal political influence or other
    authority over its members, or is able to demonstrate the applicant’s
    existence as a continuous, distinct cultural entity capable of self
    regulation, throughout the applicants history until the time of filing an
    application; and
    (4) The membership of the applicant is composed of a majority of persons
    who are not members of any other North American indian federal or state
    recognized tribe.
    (b) The following information shall be provided to the department for review:
    (1) A copy of the applicant's present governing document or a statement
    describing in full the membership criteria and the procedures through
    which the group governs its affairs and members, or both such items;
    (2) A list of all known current members of the applicant and a copy of
    any available list of former members, based on the tribe’s own defined
    criteria;
    (3) A history of the applicant from 1900 to the present time; such
    history to be written by a professional historian or anthropologist and
    contain a maximum of two thousand (2000) words, unless an exception is
    granted by the department;
    (4) The applicant shall also submit additional information requested by
    the department, including one (1) or more of the following:
    (A) Documented traditions, customs and legends that demonstrate the
    group’s Native American indian cultural heritage;
    (B) Letters, statements, and documents from city, county, state, or
    federal authorities that document a history of tribal related business
    and activities that specifically address Native American Indian culture,
    preservation, and affairs;
    (C) Letters, statements, and documents from federal or state recognized
    tribes in or outside of Tennessee which attest to the Indian heritage of
    the group; or
    (D) Other compelling documentation acceptable by the department that
    shows the heritage of the applicant; and
    (5) A signed and notarized statement from the officers of the applicant
    affirming that, to the best of their knowledge, information, and belief,
    the information provided is true and accurate.

    4-56-103.
    (a) An Applicant for Recognition form with appropriate instructions for
    completion and submission shall be developed by the department. It shall
    be available on-line or on request by writing to the Tennessee Department
    of State at the address below. Complete applications and supporting
    documentation are to be sent to:
    Department of State
    312 8th Avenue, N., 7th Floor
    Nashville Tn, 37243
    (b) The department shall appoint a review committee to be comprised of
    persons as determined by the secretary of state to review applications and
    supporting documentation for completeness and work with applicants to
    achieve completeness. A record shall be maintained of all applications and
    appropriate information, including, but not limited to, the date received,
    date determined complete, date presented to the department and the department's decision. The review committee shall
    review an application within six (6) months of the submittal date.
    (c) If the application and required documentation are complete, the review
    committee shall present the information to the secretary of state for
    further review. Applicant(s) shall be notified in writing ofthe date, time
    and location of the meeting with the secretary of state, or the
    secretary’s designee, at which the application is to be considered.
    (d) The secretary of state, or the secretary’s designee, shall either
    approve or deny the application within twelve (12) months ofthe
    application being determined complete by the review committee. The
    secretary of state may request additional information from the applicant.
    (e) The secretary of state, or the secretary’s designee, shall notify each
    applicant in writing ofthe secretary of state’s decision.
    (f) Applications pending under the former Tennessee Department of indian
    Affairs may be processed using the new criteria following the effective
    date of this act. Such applications, if any, shall be forwarded to the
    department for review as provided in this act. Applicants shall be
    contacted in writing by the department and advised accordingly. The
    secretary of state, the_secretary's designee, or the review committee may
    request the applicant to provide updated or additional information.
    (g) An applicant may, at any time prior to approval, withdraw its
    application and supporting documentation by writing to the department at
    the address in subsection (a) and may request the return of all submitted
    documents.
    (h) An applicant applying for recognition shall specify all submitted
    documentation that is to be returned to the applicant following the
    decision of the department or withdrawal by the applicant of the submitted
    application. All documents returned to the applicant shall be at the
    applicant's expense.
    (i) The roll of all approved applicants for recognition shall be maintained
    current by the department and posted on the department's web site.

    4-56-104.
    (a) Every two (2) years from the date of recognition as a Nation, Tribe or
    Community, the Nation, Tribe or Community shall notify the department of
    any changes in membership criteria and subsequent additions or deletions
    of members at the address in § 4-54-103(a).
    (b) Any recognized Nation, Tribe, or Community may terminate its
    recognition by submitting written notice to the department. Upon receipt
    of such a request, the department shall remove the name from the roll.

    4-56-105.
    Applicants who disagree with the denial of their application for
    recognition may use the following procedures to seek a contested case
    hearing before the department pursuant to §§ 4-5-223 through 4-5-225 of
    the Uniform Administrative Procedures Act:
    (1) When an affected applicant disagrees with the denial of an
    application for recognition based upon the contention that such action is
    an illegal application of rules or statutes, or both rules and statutes,
    or such action is based upon invalid rules or statutes, the applicant may
    petition the department for a declaratory order.
    (2) Upon receipt of such a petition, the department may convene a
    contested case hearing pursuant to the uniform administrative procedures
    act compiled in title 4, chapter 5.
    (3) If the department refuses to issue a declaratory order or fails to
    set a petition for a contested case hearing within sixty (60) days of
    receipt of the petition, the affected applicant may apply for a
    declaratory judgment pursuant §
    4-5-225.

    SECTION 2. For purposes of developing appropriate forms and appointing a
    review committee, this act shall take effect upon becoming a law, the
    public welfare requiring it. For all other purposes this act shall take
    effect July 1, 2010, the public welfare requiring it.

    Re: SB3033 Amendment - turning TCIA Rule 0785-1 into Law

    Question and the bottom line what is the purpose of this LAW in relation to any real indians in tenn? It would seem most just want to be indians for money thus you may have a noble cuz due to any noble redman agenda, but really any indians in tenn ie larry the lair and others ie that other site of bullshyt artists dang GREED knows no race I guess. Y para mi amiga solo tomo esta pregunta para este jefe Paz

    Re: SB3033 Amendment - turning TCIA Rule 0785-1 into Law

    answer: this "law" has really nothing to do with real indians in tennessee, of course. IF it remains the same as federal statutes, it protects real indians. if the CONFeds somehow manage to get state recognition, not only will they STILL not be legitimately recognized by any one or any thing that counts but the legislators will suffer the same - and more - when their constituents learn they (TN citizens) will be footing the bill for subsidizing an unconstitutional group of illegally-recognized and made somehow "special" US and TN citizens known as the CONFed group.

    hey mi amigo! como estas? me gusta cuando usted visitas otra vez. gracias!

    Re: SB3033 Amendment - turning TCIA Rule 0785-1 into Law

    Bueno gracias, Yo soy puro indio y Mimbreno, vaya con dios Y PAZ


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