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This Message Is Reprinted Under The Fair Use
Doctrine of International Copyright Law:
http://www4.law.cornell.edu/uscode/17/107.html
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FROM: THE NATIVE AMERICAN TIMES NEWSPAPER
http://www.nativetimes.com/index.asp...rticle_id=6460
Where Were These “Wannabe Tribes” 20 Years Ago?
Notes from Indian Country
Tim Giago (Nanwica Kciji) 5/16/2005
© 2005, Native American Journalists Foundation, Inc.
With untold millions of dollars waiting in the wings it should go without
saying that many groups of people identifying themselves as “Indian” are filing
for federal recognition as Indian tribes. It’s getting kind of scary out
there.
There is no doubt that some of these groups have legitimate reasons to file.
Others have sought out financial backers with deep pockets willing to take a
chance on them with the knowledge that if successful, the financial returns
would more than make up for any outlay when the new tribe builds a casino.
Most Indians know that tribes such as the Lumbee of North Carolina have been
seeking federal recognition for more than 30 years. They believe they have
qualified according to the required criteria, but they still have not been
allowed to enter that magic door. Why not?
What are some of the requirements in order for the Bureau of Indian Affairs
to give a group of people federal recognition? According to Jeff Benedict in
his book “Without Reservation,” the one sure way is to go through the BIA. His
book indicates that the Mashantucket Pequot Indians did not go this route but
instead became a tribe through congressional action. I encourage all Indians
to read this book.
Benedict wrote, “With the rise in lawsuits being filed by groups claiming to
be Indian tribes, the BIA established procedures to judge the merits of such
groups. As an alternative to going to court to prove tribal status, groups
could subject themselves to a review process before the BIA. If the BIA found them
worthy of being called a tribe, then the group did not need to litigate that
issue before a judge or jury.
Here are the procedures as established by the BIA to gain federal
recognition:
Proof that the petitioner had been identified as a tribe from historic times
to the present.
Proof that a majority of the members of the tribe, as well as their
ancestors, inhabited the area in or around the reservation.
Proof that the petitioner had been recognized as an Indian community distinct
from other populations.
Evidence that the tribe had maintained political influence over its members.
The existence of a written governing document such as a constitution.
Current membership roles that established a genealogical link to a
historically recognized tribe.
It is estimated that there are now as many as 150 groups seeking federal
recognition through the BIA. As I said, some have legitimate claims, but many do
not.
Another source of anger and pain to many would-be Indians is their inability
to gain membership into an Indian nation. Since the Santa Clara Pueblo case
several years ago the determination of tribal membership has been relegated to
the individual tribal governments.
Every Indian nation has its own set of rules about membership. Some will
enroll a new member if that person can prove that one or more of their parents
were enrolled members of their tribe. Blood quantum would not matter in this
case. Others set a blood quantum standard of one-fourth or more. One tribe uses
the one half or more standard for admittance. Nearly all tribes require a family
history connecting them to the tribe.
It is clearly possible for legitimate Indians to slip through the cracks. For
instance, if they were adopted into a white family as and infant and they
have lost all connections with their tribe, including contact with family
members, they have a very difficult time re-establishing tribal membership.
And then there are those who claim to be Indians simply to advance their own
careers or to profit. Many artists, artisans and college professors have
claimed Indian blood in order to sell their wares or to gain jobs set aside for
Indians. Others have formed high profile Indian organizations and received
countless monetary grants because they claimed to be Indians.
The sad part is that so many art shows, colleges or grant givers fail to
check out the legitimacy of the claimants. When I wrote a column in 1988 that
questioned the Indian claims of Jamake Highwater, Ward Churchill and Roxanne
Dunbar (to name a few), Churchill viciously attacked me and accused me of being a
Mexican pretending to be an Indian.
All that aside, a Mexican is an Indian. But anyone wishing to check my
legitimacy only needs to call the enrollment office on the Pine Ridge Reservation to
discover that I was born at the Indian Health Service Hospital on the
reservation and I was raised and educated on the reservation.
Whenever Indians get together at conventions they always ask about each other’
s family. I know that I am always asked about my brothers, Billy Joe and
Bobby Giago, both graduates of Haskell Indian Institute, or about Bobby’s ex-wife
Millie. A wannabe does not have these family connections.
Suzanne Shown Harjo, a lady who wrote columns for me when I owned Indian
Country Today, bore the brunt of Churchill’s viciousness because she related a
story about asking him about his relatives and of being taken aback when he just
sat there in silence refusing to answer her question. This is usually a dead
giveaway.
I encourage the BIA to include the one criteria I have suggested for many
years; if they approve a group as an Indian tribe, make it a stipulation that
they not be allowed to open a casino for at least 10 years after recognition.
This would cut down on a number of the phony applicants. Where were all of these
wannabe tribes 20 years ago?
(Tim Giago is the founder and former editor and publisher of The Lakota
Times, Indian Country Today, and the Lakota, Dakota and Pueblo Journals. He can be
reached at [email protected])
NTN Article#: 6460
This Message Is Reprinted Under The Fair Use
Doctrine of International Copyright Law:
http://www4.law.cornell.edu/uscode/17/107.html
************************************************** ******
FROM: THE NATIVE AMERICAN TIMES NEWSPAPER
http://www.nativetimes.com/index.asp...rticle_id=6460
Where Were These “Wannabe Tribes” 20 Years Ago?
Notes from Indian Country
Tim Giago (Nanwica Kciji) 5/16/2005
© 2005, Native American Journalists Foundation, Inc.
With untold millions of dollars waiting in the wings it should go without
saying that many groups of people identifying themselves as “Indian” are filing
for federal recognition as Indian tribes. It’s getting kind of scary out
there.
There is no doubt that some of these groups have legitimate reasons to file.
Others have sought out financial backers with deep pockets willing to take a
chance on them with the knowledge that if successful, the financial returns
would more than make up for any outlay when the new tribe builds a casino.
Most Indians know that tribes such as the Lumbee of North Carolina have been
seeking federal recognition for more than 30 years. They believe they have
qualified according to the required criteria, but they still have not been
allowed to enter that magic door. Why not?
What are some of the requirements in order for the Bureau of Indian Affairs
to give a group of people federal recognition? According to Jeff Benedict in
his book “Without Reservation,” the one sure way is to go through the BIA. His
book indicates that the Mashantucket Pequot Indians did not go this route but
instead became a tribe through congressional action. I encourage all Indians
to read this book.
Benedict wrote, “With the rise in lawsuits being filed by groups claiming to
be Indian tribes, the BIA established procedures to judge the merits of such
groups. As an alternative to going to court to prove tribal status, groups
could subject themselves to a review process before the BIA. If the BIA found them
worthy of being called a tribe, then the group did not need to litigate that
issue before a judge or jury.
Here are the procedures as established by the BIA to gain federal
recognition:
Proof that the petitioner had been identified as a tribe from historic times
to the present.
Proof that a majority of the members of the tribe, as well as their
ancestors, inhabited the area in or around the reservation.
Proof that the petitioner had been recognized as an Indian community distinct
from other populations.
Evidence that the tribe had maintained political influence over its members.
The existence of a written governing document such as a constitution.
Current membership roles that established a genealogical link to a
historically recognized tribe.
It is estimated that there are now as many as 150 groups seeking federal
recognition through the BIA. As I said, some have legitimate claims, but many do
not.
Another source of anger and pain to many would-be Indians is their inability
to gain membership into an Indian nation. Since the Santa Clara Pueblo case
several years ago the determination of tribal membership has been relegated to
the individual tribal governments.
Every Indian nation has its own set of rules about membership. Some will
enroll a new member if that person can prove that one or more of their parents
were enrolled members of their tribe. Blood quantum would not matter in this
case. Others set a blood quantum standard of one-fourth or more. One tribe uses
the one half or more standard for admittance. Nearly all tribes require a family
history connecting them to the tribe.
It is clearly possible for legitimate Indians to slip through the cracks. For
instance, if they were adopted into a white family as and infant and they
have lost all connections with their tribe, including contact with family
members, they have a very difficult time re-establishing tribal membership.
And then there are those who claim to be Indians simply to advance their own
careers or to profit. Many artists, artisans and college professors have
claimed Indian blood in order to sell their wares or to gain jobs set aside for
Indians. Others have formed high profile Indian organizations and received
countless monetary grants because they claimed to be Indians.
The sad part is that so many art shows, colleges or grant givers fail to
check out the legitimacy of the claimants. When I wrote a column in 1988 that
questioned the Indian claims of Jamake Highwater, Ward Churchill and Roxanne
Dunbar (to name a few), Churchill viciously attacked me and accused me of being a
Mexican pretending to be an Indian.
All that aside, a Mexican is an Indian. But anyone wishing to check my
legitimacy only needs to call the enrollment office on the Pine Ridge Reservation to
discover that I was born at the Indian Health Service Hospital on the
reservation and I was raised and educated on the reservation.
Whenever Indians get together at conventions they always ask about each other’
s family. I know that I am always asked about my brothers, Billy Joe and
Bobby Giago, both graduates of Haskell Indian Institute, or about Bobby’s ex-wife
Millie. A wannabe does not have these family connections.
Suzanne Shown Harjo, a lady who wrote columns for me when I owned Indian
Country Today, bore the brunt of Churchill’s viciousness because she related a
story about asking him about his relatives and of being taken aback when he just
sat there in silence refusing to answer her question. This is usually a dead
giveaway.
I encourage the BIA to include the one criteria I have suggested for many
years; if they approve a group as an Indian tribe, make it a stipulation that
they not be allowed to open a casino for at least 10 years after recognition.
This would cut down on a number of the phony applicants. Where were all of these
wannabe tribes 20 years ago?
(Tim Giago is the founder and former editor and publisher of The Lakota
Times, Indian Country Today, and the Lakota, Dakota and Pueblo Journals. He can be
reached at [email protected])
NTN Article#: 6460
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