Sunday 17 April 2005

In attendance:

David Teat – Middle Tennessee

John Hedgecoth – East Tennessee

Donna Bivens – West Tennessee

Dale Mitchell – Middle Tennessee

Tommy Veal – Knoxville

tom kunesh – Chattanooga

Also present was Don Merzlak, proposed member-at-large.

The following visitors were in attendance: Tommy Bivens, JackieHicks-Burris, Pat Merzlak, Joe McCaleb.

The agenda was reviewed, amended and approved. It was decided todispense with the regular protocol in order to move the proceedingsalong at a quicker pace.

Committee reports were tabled until next regular meeting.

A motion was made by John Hedgecoth and seconded by tom kunesh toaccept Don Merzlak as a new member-at-large. Don Merzlak, Lakota,court-appointed special investigator on behalf of children from theGreenville area was approved as a new member-at-large unanimously.

There was approval of an amendment defining at-large membership inACTIA from the February 19^th meeting. The bylaw amendmentwill read:

ARTICLE 4. MEMBERSHIP

A motion was made to accept this change in the bylaws by DaleMitchell and seconded by tom kunesh. This amendment was approved andpassed unanimously.

A new brochure of information was presented by tom kunesh, similarto the one presently being distributed at the genealogy classes. Thebrochure was distributed for review. David Teat recommended adoptionfor distribution. Donna Bivens stated that it could also be madeavailable on the ACTIA website. Some discussion ensued concerning theuse of "generic" tribal names vs. those of existing tribal entities. Itwas decided that some minor changes would be made on the final draftincluding the addition of Shawnee to the tribal listing. A motion wasmade by John Hedgecoth and seconded by Donna Bivens to accept thebrochure with the stated amendments. The motion passed unanimously.

A special report was presented on the Indian mascot issue by DonMerzlak. The Advisory Council approved distribution of Don’sinformation on the mascot issue and will request that the Commissionplace the ACTIA resolution on their June meeting agenda. A motion wasmade by tom kunesh and seconded by Dale Mitchell. The motion passedunanimously. A letter from ACTIA will be drafted by the chairman andincluded with the materials to be sent to the Commissioners.

There was a brief discussion of a request from TNNAC for ACTIA toassist with this year’s caucus and convention. It was suggestedthat Board members become involved in the election process asindividuals rather than "officially" as the Advisory Council so thatthere would be less chance of it being construed as a conflict ofinterest. It was suggested that ACTIA act as monitors/observers at thecaucuses. John Hedgecoth made a motion to send a letter to TNNACadvising that ACTIA would assist with observers at the caucuses. DonnaBivens seconded the motion. The motion passed unanimously.

There was a discussion concerning the fact that TNNAC has neverreceived a formal request from ACTIA to conduct the election ofmembers. John Hedgecoth made a motion, seconded by Dale Mitchell forACTIA to send a formal request to TNNAC to conduct the election ofmembers. The motion was passed unanimously. There was some discussionconcerning the requirements for running for a board position withACTIA. It was suggested that ACTIA use the same criteria that is inplace for the TNCIA candidates at this time. After this year’scaucus, the requirements will be reviewed and a decision will be madewhether or not to make changes. Don Merzlak made a motion and tomkunesh seconded the motion to adopt this plan of action. The motion waspassed.

It was noted that ACTIA’s bylaws state that its membershipwill be taken from "Commissioner nominees". It was decided that theby-laws will need to have significant changes made since TNNAC hasrevised the election process. This subject will be further scrutinizedin future meetings.

It was brought to the attention of the members that the existingapplication for candidacy states "what would make you a goodCommissioner". A motion was made by Dale Mitchell and seconded by DonMerzlak to request that TNNAC revise the existing application toinclude "or Advisory Council member". The motion was passed.

The next TNNAC meeting is scheduled for this following Sunday. DonMerzlak made a motion, seconded by John Hedgecoth, to have David Teatpresent these previously passed items in a verbal request to the TNNACboard. The motion passed.

Lunch Break

Discussions were opened on the protection of American Indian burialsites and sacred sites. Dale Mitchell reported that the ArchaeologicalAdvisory Council had called an emergency meeting for April 27^that Pinson Mounds because the Forestry Division that is adjacent to thepark contains a good bit of the Pinson Mounds complex and some of theirharvesting techniques were endangering some archaeological sites there.They are meeting with members of the Forestry Division to try to workout some means where these sites would be better protected. David Teatsuggested that now was the time to begin making an effort to bringtogether the different organizations that deal with the issue toprotection of these sites. He stated that it was time to start acampaign to begin a working relationship with these different peopleand organizations. As the Advisory Council to the Tennessee Commissionof Indian Affairs we need to make sure that the advice that we givecomes from all the various individuals and organizations across thestate…including the State agencies. Tommy Veal suggested thatthe Advisory Council draft legislation similar to what the state ofNorth Carolina has concerning removal of large amounts of soil. JoeMcCaleb stated that the new Commissioner of TDEC, Jim Fyke, and alsothe new Deputy Commissioner, Paul Sloan, had backgrounds in managementof park services. They were more likely to be sympathetic to theconcerns regarding the disturbing of grave sites and sacred sites andprevious administration had been. He suggested that TNCIA set up ameeting with Commissioner Fyke and discuss the Indian point of view asfar as degradation of Pinson Mounds is concerned.

David Teat suggested that a list be made of the variousorganizations that would be interested in dealing with the issue. Thisincluded:

Tennessee Commission of Indian Affairs

The Advisory Council on Tennessee Indian Affairs

Tennessee Archaeological Advisory Council

Alliance for Native American Indian Rights

Native American Indian Association

Tennessee Department of Environment and Conservation

Tennessee Department of Transportation

Tennessee Department of Agriculture – Forestry Division

Chattanooga Intertribal Association

Intertribal Sacred Land Trust

Native American Land Trust of Tennessee

Tennessee Archaeological Trust

Tennessee Ancient Sites Conservancy

Swan Land Trust, Murray County, Summertown

Tennessee River Gorge Land Trust, Chattanooga

Land Trust Association of Tennessee

Tennessee American Indian Movement

Sacred Little Cedar Mountain Defense Coalition

all federally-recognized tribes

David Teat suggested that we form a coalition with some or all ofthe listed groups/organizations to begin some interaction. Joe McCalebstated that it would be more appropriate for ACTIA to submit thissuggestion to TNCIA and let them be the agency requesting the meeting.The Archaeological Committee was charged with contacting the abovementioned organizations and inform them of the upcoming meetingconcerning the Pinson Mounds issue and suggest that they might want tosend representatives. The TNCIA will also be informed and request willbe made to schedule a meeting with the new TDEC officials concerningthe issue.

tom kunesh brought up the issue that there should not be treesgrowing on any of the mounds at all. He stated that the various moundsin the state were not being cared for as they should be. He stated thatwe should begin taking care of the mounds as it was originally intendedby the Ancestors.

The issue of land acquisition was discussed, specifically thosepurchased and considered for purchase by TDEC. It was decided that landacquisition committee information would be sent to John Hedgecoth forfurther investigation.

A discussion concerning the Cemetery Termination Law of 1948 broughtout several interesting facts. Joe McCaleb detailed the way that thecourts interpreted this law to allow for the desecration anddestruction of Native American burial sites. It was a general agreementthat something needed to be done to change this law. David Teat statedthat the first step to do so would involve getting the recognitionissues worked out. Joe McCaleb stated that one thing that makes it sohard to deal with TDOT is that they have no set rules or procedureswhen dealing with a Native American grave site. Joe had suggestedpreviously that ACTIA approach TDOT and request that they create anofficial procedure in dealing with this issue. His idea was for TDOT tohave public hearings across the state and hear from the Native Americanpeople how they would like graves treated and then for TDOT forformally set up rules and regulations and adopt those rules andregulations so that every site would be treated the same. He statedthat the place to start would be for the TNCIA to contact the TDOTCommissioner.

A lengthy discussion concerning the treatment of Native Americangrave sites by TDOT and the issue to who gets notified when remains arefound ensued. Joe McCaleb stated that it has always been an unbalanced,unfair, inequitable situation. Several suggestions were broughtforward, including the donation of burial sites to 501(c)3 NativeAmerican organizations; the acquisition of sites by Federal agencies;land conservation easements; the establishment of a "green space" anddonations of sites to land trusts. Tommy Veal suggested that acommittee be established to contact and work with the various landtrusts that are already present and operating in the state. David Teatnoted that the Archaeology Committee probably needed to handle thisissue. David asked that the Archaeology Committee draft and send aletter to the aforementioned organizations concerning cooperation inestablishing a working relationship with ACTIA. tom kunesh suggestedthat the letter include information concerning the upcoming meeting atPinson Mounds and request that the organizations put us on theirmailing list and that we will also place them on our mailing list forcontact about similar situations. More discussion concerning the PinsonMounds issue was carried out. David Teat stated that he would contactPat Cumming to determine just what our plan of action needed to be.

tom kunesh made a motion that the Advisory Council request that theCommission represent the Native American interest in the current issueabout Pinson Mounds. Tommy Veal seconded the motion. The motion passed.David Teat stated that he would verbally relay the request to theCommissioners.

tom kunesh made a motion that ACTIA recommend that the Commissionendorse and support the Tennessee Prayer Day for Native American SacredPlaces Day on Sunday, 19 June 2005. John Hedgecoth seconded the motion.Motion carried. Dale Mitchell made a motion that the Advisory Councilendorse the Tennessee Prayer Day for Native American Sacred Places Day.tom kunesh seconded the motion. Motion was passed.

Dale Mitchell made a motion to accept the resignation of Lee Vestfrom the Advisory Council. John Hedgecoth seconded the motion. Themotion carried.

The next meeting will be on Saturday, 9 July 2005 at 10:00 a.m. atCumberland University.

The meeting was adjourned with a closing prayer.

These minutes were submitted for approval by the Board on 19 July2005.

Donna Bivens, Secretary/Treasurer