Not to interrupt the direction that this thread has taken but, I will toss this bit of a doc that I found in here for discussion.
quote:
Over the years, Congress often has included state-recognized tribes within legislation applying to federally recognized tribes. Congress has subjected non-federally recognized tribes to Maine law and extinguished their claims to land within the State, authorized state-recognized tribes to participate in Indian housing programs and Indian education programs, included state-recognized tribes within the protections provided by the Indian Arts and Crafts Act, protected state-recognized tribes’ lands from alienation, authorized the Department of Agriculture to include tribes with state reservations for various programs, and authorized members of state recognized tribes to receive services from the Indian Health Service.
Conclusion:
I know that a lot of folks don't like the idea of State tribes, but the simple fact is that they are recognized tribes, by their State and as such the Fed Gov. also sees them as such.
Many people bring up their slack requirements for enrollment, but as the Cherokee Nation well knows, Tribes have the sovereign right to set it's own policies with regards to enrollment requirements. Just ask Chad Smith, the Freeman or Obama.
Others will pick apart their cultural presentations (ie. pow wow regalia, dance moves and such),
So what... They set what they do within their own rights as a Tribe not based on other Tribes. each Tribe does things differently no matter if they are a Fed. Tribe or not.
I have also seen discussions about the State's requirements to recognize a Tribe. To this I find nothing in any Fed code that requires a State to have anything more that a procedure in place in order to determine them to be a Tribe. There is absolutely nothing in the codes that says how they do this but after it is done then,, IT IS DONE, They ARE a Tribe.
And not to leave out the part about a person from France moving to the USA and establishing a new France,,, To this I will point out the some what new Nations that are "brake aways" from other Nations such as the Republic of Georgia from the USSR (and a ton of other Yugoslavian/Baltic Nations) are no different than a State Tribe that broke away from the Cherokee Nation. When, (how long ago or how recently) the break and/or reformation has nothing to do with it as long as it still falls within the requirements of the State that is extending the recognition. In recent years, The Keetoowah gained Fed recognition before the Cherokee Nation did, but that doesn't mean that the Cherokee Nation is any less of a Tribe than any other. Like it or not that is the same for the State Tribes too...
Disclaimer:
Personally I have made a choice to align with the Satellite community of the Cherokee Nation. However,,, I still see the legal legitimacy of State Tribes. And acknowledge their sovereign rights to do things as they wish. And if you didn't notice,,, I didn't say anything about the tons of Fake tribes that have NO recognition... I say , Run the bums out of town,,, but before you do that, Take the time to research them. And I don't mean an internet web search.
Over the years, Congress often has included state-recognized tribes within legislation applying to federally recognized tribes. Congress has subjected non-federally recognized tribes to Maine law and extinguished their claims to land within the State, authorized state-recognized tribes to participate in Indian housing programs and Indian education programs, included state-recognized tribes within the protections provided by the Indian Arts and Crafts Act, protected state-recognized tribes’ lands from alienation, authorized the Department of Agriculture to include tribes with state reservations for various programs, and authorized members of state recognized tribes to receive services from the Indian Health Service.
You are most likely comparing apples to oranges here and because they are both fruit, declaring them the same thing.
In cases such as the tribes in Maine, they are most likely like many hundreds of NDN bands in California and the thousands of their members. In these cases the people are mostly NDN by blood if not full blooded.
I have already pointed this out to you in one thread, in which it was pointed out that they were recognized as NDN for certain things, but not for some things. Typically of course tribes and people that fall under these categories are undeniably NDN, raised as such, and are culturally of their said tribe.
On the other end of the spectrum you have these bogus tribes popping up in mostly the Southeast who have next to no proof they are who they say they are, and are as NON NDN by blood as they are lacking in the cultural of the people they claim to allegedly come from.
I know that a lot of folks don't like the idea of State tribes, but the simple fact is that they are recognized tribes, by their State and as such the Fed Gov. also sees them as such
If that were true in the sense you are trying to present things here, then why are they to get federally recognized?
The federal government does not recognize them, and they do not fall under the same category as those tribes in Maine in which you are trying compare them to.
I think the tribes in Maine who are state recognized would possibly be similar to that of the Lumbee, but probably more NDN by blood, and have more of their original culture. Both the state and the feds realize the Lumbee are NDN, but they do not have full status.
Can we say that about the Echota or most so called "state tribes?" No, we obviously can not.
Many people bring up their slack requirements for enrollment, but as the Cherokee Nation well knows, Tribes have the sovereign right to set it's own policies with regards to enrollment requirements. Just ask Chad Smith
Again, you are trying to compare apples to oranges here. Chad Smith is a elected tribal leader of a tribal government that has had government to government relationship with the United States since historic times. It has been in existence since time immemorial and has inherent sovereignty.
Being that inherent sovereign means having always been sovereign, there is no comparison between them and a faux state tribe seeking recognition that had never existed as a tribe historically or otherwise.
Others will pick apart their cultural presentations (ie. pow wow regalia, dance moves and such),
So what...
What?
Powwows do not count as tribal culture, and neither does their dance moves. Though the dances and regalia is based on traditional things of certain tribes, you can have a Miwok woman from California dancing jingle style which is a dance that originated in the northeast.
Though they do have some real spiritual aspects to them, and some historical attributes that tie into that spiritual nature, they are however commercial in nature today for the most part.
It seems to me that you are insinuating here that somebody claiming to be an Echota Cherokee could take on Fancy Dancing since they have no clue about traditional Cherokee dances, and then adopt Fancy Dancing as "part of their culture."
In that respect I could say I am Irish, and take on dances that originated in Russia since Russians are Caucasian same as the Irish since I know no Irish dances. They start my own little Ireland here and use Russian culture I borrowed from going to commercially bases Russian dance sessions.
It simply does not work that way.........
They set what they do within their own rights as a Tribe not based on other Tribes.
Though this statement by you was in conjunction with your statements about dances and what not, I chose to separate it.
Legitimate and historical tribes generally do not need to adopt the dances from others, and especially those dances found at powwows. This is even if their traditional dances and culture has been severely damaged by the forces of assimilation and wars/disease of the past.
I have also seen discussions about the State's requirements to recognize a Tribe. To this I find nothing in any Fed code that requires a State to have anything more that a procedure in place in order to determine them to be a Tribe. There is absolutely nothing in the codes that says how they do this but after it is done then,, IT IS DONE, They ARE a Tribe.
Maybe when you engage in this conversation next time, you will have researched the separation of powers in the United States government and realized that federal power is above state power.
That in mind I must point out that federally recognized tribes are historic tribes have inherent sovereignty because they have always existed. This as already pointed out, is very much unlike most faux state tribes. By definition they are domestic dependent nations, and therefore in the separation of powers within the United States government, are higher then that of the states themselves.
So that in mind, a state such Alabama recognizing the existence of a tribe makes about as much sense as Alabama trying to recognize a break away republic in the former Soviet Union. States are below both tribal and federal government in the separation of powers within the United States government.
To this I will point out the some what new Nations that are "brake aways" from other Nations such as the Republic of Georgia from the USSR (and a ton of other Yugoslavian/Baltic Nations) are no different than a State Tribe that broke away from the Cherokee Nation
This analogy fails you in every way Paul.
First and foremost some of those "break away Republics" were nations that too have always existed to some degree or another, and at one time had been invaded by either Russia or later the Soviets and taken over much like tribal nations here. I see no difference in that situation to be honest.
Secondly the people involved in these republics actual people and ethnic groups, with actual cultures they too have practiced since time immemorial in most cases.
On both counts, this is very much NOT like the situation with your state tribes. They are typically people with zero cultural awareness of the people they claim to be, and ethnically practically entirely something else as well.
So instead of them being like Armenians who had a nation of their own in times past, and always their own culture; they are mostly something else both culturally and by blood and yet you think they are the same.
The Keetoowah gained Fed recognition before the Cherokee Nation did, but that doesn't mean that the Cherokee Nation is any less of a Tribe than any other. Like it or not that is the same for the State Tribes too...
Both people are a proven historic tribe, and had one time been politically the exact same thing. In both cases they are an actual people that have mountains of evidence to prove that fact.
Can we say the same about a group of people such as the Echota?? No, we certainly can not.