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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    Re: TCIA Rule 0785-1 STAYED for 60 days

    does that mean the 'recognition' process is put on hold until June ...er after sunset?

    I notice tammy's being very quiet about not only this but also the 'meeting' on Saturday. Anyone else have news?

    Re: TCIA Rule 0785-1 STAYED for 60 days

    it means the Commission of Indian Affairs and Rule 0785-1,
    both of which many of us worked on, will die together on 30 june.


    at the meeting saturday: look busy, do nothing.
    less than an hour of business, all pro forma.
    monthly stagings to look like they're doing something.

    Re: TCIA Rule 0785-1 STAYED for 60 days

    tom
    TCIA Rule 0785-1 STAYED for 60 days by
    majority of the House Government Operations Cte &
    unanimous by the Senate Government Operations Cte
    at today's Joint Government Operations Rule Review meeting.


    60 days from today, April 26, 2010 would be .... ah!! Four days before the commission's sunsetting! June 26, 2010. Most certainly not enough time to review ANY application; forget approving one!

    Re: TCIA Rule 0785-1 STAYED for 60 days

    What? You don't think they can review & approve as many as six phoney-baloney tribes in four days?

    Where's your optimism?

    Re: TCIA Rule 0785-1 STAYED for 60 days

    Well, yes. "Technically" they could just rubber-stamp them all ... but that would be over-doing things for the groups! heh It would give 'em (both the "NEW" commission and the CONFed group) FAR too much credibility in the rubber-stamp department!

    Re: TCIA Rule 0785-1 STAYED for 60 days

    I remember seeing something that said if the Commission "recognized" any tribes, then the recognition would cease when the commission ceased to be. Therefore, if they rubber stamped the groups on the first day they were able to, those groups could claim they were recognized for four days! Wanna take bets they'll go for it? Print up membership cards with their "state" recognition proclaimed on it? There's a group in south Georgia that were "recognized" through a proclamation by some governor years ago. It never went through any legal process, anyway, they still claim to be state recognized even though they are not on the official state list--and there is some disagreement about exactly who has possession of the "official" document. Deja vu all over again.

    Re: TCIA Rule 0785-1 STAYED for 60 days

    Donna D
    I remember seeing something that said if the Commission "recognized" any tribes, then the recognition would cease when the commission ceased to be. Therefore, if they rubber stamped the groups on the first day they were able to, those groups could claim they were recognized for four days! ...
    ttbomk, per TCA 4-5-226.(b)(1), Rule 0785-1 will expire with the
    Commission on 30 June 2010 unless revoked earlier by legislation.

    ttbomk, there is no expiration rule or qualifying criteria that requires
    a secondary future validation that would remove lawful recognition
    from lawfully recognized tribes upon termination of the Commission
    that recognized them.

    Re: TCIA Rule 0785-1 STAYED for 60 days

    tom
    Donna D
    I remember seeing something that said if the Commission "recognized" any tribes, then the recognition would cease when the commission ceased to be. Therefore, if they rubber stamped the groups on the first day they were able to, those groups could claim they were recognized for four days! ...
    ttbomk, per TCA 4-5-226.(b)(1), Rule 0785-1 will expire with the
    Commission on 30 June 2010 unless revoked earlier by legislation.

    ttbomk, there is no expiration rule or qualifying criteria that requires
    a secondary future validation that would remove lawful recognition
    from lawfully recognized tribes upon termination of the Commission
    that recognized them.


    so if the Stay prevents them from looking at ("reviewing") any application and the Stay prevents them from even just rubber stamping any application, then there will be no "lawfully recognized tribes" and none to remain "validated" past the commission's sunset. Would that be a [fairly] correct conclusion?

    Re: TCIA Rule 0785-1 STAYED for 60 days

    DonnaS
    so if the Stay prevents them from looking at ("reviewing") any application and the Stay prevents them from even just rubber stamping any application, then there will be no "lawfully recognized tribes" and none to remain "validated" past the commission's sunset. Would that be a [fairly] correct conclusion?
    the Stay doesn't prevent the Commission from informally "reviewing" applications in the same simplistic way that it's already "reviewed" the culture clubs' applications from the "Cherokee Wolf Clan" submitted by Joe Walters, "Remnant Yuchi Nation" submitted by Lee Vest, and "Central Band of Cherokee" aka "Cherokee of Lawrence County" submitted by Joe White, or the once-expected applications of the "Upper Cumberland Cherokee" aka "United Eastern Lenape Nation" of Herstle Cross & Knoxvill Commissioner Goddard, "Tanasi Council of the Far Away Cherokee" of Memphis Commissioner Henry, and "Chikamaka-Cherokee Band of the South Cumberland Plateau" aka "Chikamaka Band" of Middle TN Commissioner and now "Principal Chief" James Meeks.
    the Commission has and will continue to have no authority to officially, lawfully review the applications for tribal recognition and no authority to recognize any groups as tribes.
    unless, of course, the Commission gets its sunset date re-set to a future year.

    so yes, as of today, and unless something changes dramatically, and imo,
    your conclusion is accurate, "there will be no "lawfully recognized tribes"
    and [therefore] none to remain "validated" past the commission's sunset."

    Re: TCIA Rule 0785-1 STAYED for 60 days

    Ya know, for such fighters of TN Historical Indian's Recognition you all sure do look pretty nervous. Real TN Indians have put fear in you all. Call names, be nasty, you're all showing your real colors...selfish and cowardly. We will see. Two of the out of state indian "organizations" have been lost!! And it ain't over yet.

    Re: TCIA Rule 0785-1 STAYED for 60 days

    Annie, it's readily apparent to all that you are not the brightest bulb in the pack, but one would think that even you would realize that there is not one group currently pushing for recognition who meet any criteria to be "real Tennessee Indians." None of these groups can show any proof they have existed as a governmental entity for the past 200 years--it'd be a stretch for them to show proof of more than 5 years. You're always ready to crow about how things are going to go your way. I'm just waiting for you to wake up and realize your groups are way too transparent-- they are not Indian and never will be. That's the truth--so there! (Just couldn't resist getting down to your level of understanding.)

    BTW, if any of the groups were "real Indians" I am sure that everyone here would be supporting them all the way. No one is being scared or selfish except for you culture clubers who think you can't compete with the rest of the people of Tennessee in a fair way.

    Re: TCIA Rule 0785-1 STAYED for 60 days

    DonnaS
    tom
    TCIA Rule 0785-1 STAYED for 60 days by
    majority of the House Government Operations Cte &
    unanimous by the Senate Government Operations Cte
    at today's Joint Government Operations Rule Review meeting.
    60 days from today, April 26, 2010 would be .... ah!! Four days before the commission's sunsetting! June 26, 2010. Most certainly not enough time to review ANY application; forget approving one!
    the rule is stayed/suspended for 60 days ... which means
    it adds another 60 days onto the effective date of the rule.
    the effective date of the rule was May 17. add 60 days = ± July 16.
    Commission end date: June 30.

    Re: TCIA Rule 0785-1 STAYED for 60 days

    tom
    DonnaS
    tom
    TCIA Rule 0785-1 STAYED for 60 days by
    majority of the House Government Operations Cte &
    unanimous by the Senate Government Operations Cte
    at today's Joint Government Operations Rule Review meeting.
    60 days from today, April 26, 2010 would be .... ah!! Four days before the commission's sunsetting! June 26, 2010. Most certainly not enough time to review ANY application; forget approving one!
    the rule is stayed/suspended for 60 days ... which means
    it adds another 60 days onto the effective date of the rule.
    the effective date of the rule was May 17. add 60 days = ± July 16.
    Commission end date: June 30.


    Ahh!! Even better! No chance to even look at the rubber stamp!!

    Re: TCIA Rule 0785-1 STAYED for 60 days

    Works for me.

    Re: TCIA Rule 0785-1 new EFFECTIVE date 17 July 2010

    Rule 0785-1's new effective date is 17 July 2010.
    the TCIA dies in 57 days on 30 June 2010.

    http://tnsos.org/rules/PendingRules.php?resultpage=4&

    Agency Indian Affairs, Commission of
    Rule Number 0785-01
    Rule Title Recognition Criteria For Native American Indians
    File Date 2/16/2010
    Effective Date 7/16/2010
    Rule Type Rulemaking Hearing Rule
    Rule ID 4621
    Sequence ID 02-13-10
    Rule Filing View Filing
    Notes A notice of stay of effective date of rules was filed
    on 04/27/2010 by the Government Operations Committee.
    The new effective date is July 17, 2010.

    [nb: the stay was approved by _both_ Senate & House Govt Ops Committee_s_.]


    A Notice of Stay of Effective Date of Rules was filed on 04/27/1- by the GOC.
    The new effective date is 07/16/2010.
    See http://tn.gov/sos/pub/tar/announcements/04-16-10.pdf

    Question:

    Was the rule stayed from April 26, or from the effective date of May 17?

    The first date would push it back to May 25, the second to July 16, or thereabout.

    Re: Question:

    Dale M.
    Was the rule stayed from April 26, or from the effective date of May 17?
    The first date would push it back to May 25, the second to July 16, or thereabout.

    the stay is for 60 days.
    i presume both committees filed notice of their stay yesterday or today.
    60 days added anytime between now and 17 may pushes Rule 0785-1's
    effective date beyond 30 june, the day the Commission dies,
    which is 63 days from today, and half way through july.

    ;>


    TCA 4-5-215. Stay of effective date of rules. —

    (b) Prior to the effective date of a rule, the house or senate government operations committee may stay the running of the seventy-five-day period required by § 4-5-207 for a period of time not to exceed sixty (60) days. Such stay shall become effective at such time as the committee files written notice with the secretary of state and shall specify the length of effectiveness of the stay. Prior to the expiration date of the stay, such stay may be withdrawn by the committee. Withdrawal or expiration of the stay shall reactivate the running of the balance of the seventy-five-day period that remained upon the date the stay was filed.


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