And now:Ish <[EMAIL PROTECTED]> writes:
Date: Mon, 14 Dec 1998 07:56:43 -0600
From: "John Berry"<[EMAIL PROTECTED]>
Subj: (FWD)Indian News 12-13-98
Roger Iron Cloud
FirstNations Listserv
202.358.3252
[EMAIL PROTECTED]
Frustrated Indian Affairs Commission briefed on Occaneechi ruling
By PAUL NOWELL
c. Associated Press
12-11-98
ASHEBORO, N.C. (AP) After twice denying tribal recognition to the
Occaneechi Band, a frustrated state Indian Affairs Commission found itself
facing the issue again Friday because of a judge's ruling.
At their quarterly meeting, commission members were briefed by attorneys
on Monday's 40-page decision by Administrative Law Judge Dolores Smith in
favor of granting recognition for the Saponi Nation band.
Smith's decision sent the case back to the commission. It will have
between three and six months to make a decision after it gets all of the
records from the judge.
After Friday's meeting, commission members followed attorney David
Steinboch's advice not to discuss the case with the media.
However, commission director Greg Richardson expressed the feelings of
some members.
"We are disappointed in the judge's decision," he said in an interview.
"We've been dealing with this for eight years. It's cost us a lot of time
and money."
Since 1990, the Occaneechi have pursued state recognition and the grants
and other financial assistance that would follow.
The Indian Affairs Commission has twice found the Occaneechi failed to
meet the criteria for recognition. Specifically, the commission contends
the band failed to trace its history in North Carolina back 200 years as
required.
"Here we have a non-Indian court judge who has probably never dealt with
an Indian issue in her life, yet she makes a monumental decision which
takes control over tribal sovereignty away from the tribes," Richardson
said.
No official representatives from the Occaneechi attended the
commission's meeting at the Caraway Conference Center near Asheboro.
After the briefing from their attorney, the commission's only action
involving the dispute was to designate Steinboch to represent the
commission's historical position against recognition.
Glen Peterson, general counsel to the state Department of Administration,
agreed to serve as the commission's legal advisor on the current case.
Steinboch advised the commissioners to read Smith's ruling carefully.
The commission might have to conduct special meetings before members can
make another ruling, he said.
"Each of you is now acting like a judge," Steinboch said, urging them to
refrain from discussing the case publicly until their decision has been
made.
The Occaneechi have contended the band was unfairly characterized as
having given up its identity to prosper during the 1940s and 1950s. The
Occaneechi reorganized themselves as a tribe in 1984.
There are six recognized tribes in North Carolina. The Eastern Band of
Cherokee is the only one that also has achieved federal recognition, which
means it has access to federal help and money.
State-recognized tribes are the Coharie, Haliwa-Saponi, Lumbee, Meherrin
and Waccamaw-Siouan. State recognition can be a step toward federal
recognition, which confers special rights, privileges and federal
subsidies and grants.
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In accordance with Title 17 U.S.C. section 107, this material is
distributed without profit or payment
...http://www.law.cornell.edu/uscode/17/107.shtml
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Tsonkwadiyonrat (We are ONE Spirit)
Unenh onhwa' Awayaton
http://www.tdi.net/ishgooda/
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