Southeastern Native American Alliance

Next Executive Council Meeting: Thursday, 29 February 1996; to be held
                                 at 1314 Wildwood Lake Road
                                 Cleveland, Tennessee 37311
Next General Meeting: Thursday, 7 March 1996; to be held at
                       1314 Wildwood Lake Road, Cleveland, Tennessee.
      *                   *                   *                   *

[Cherokee One Feather, 10 January]
   On 3 June 1996, the Festival of       Runners are being sought within
Fire will open in Duluth, Georgia.    the   Eastern Band of   Cherokee
The only strictly Native American    Indians to carry the flame from
event   approved   by   the   1996    Cherokee, North Carolina, to the
Cultural Olympiad, the Festival of    Gwinnett   Fine Arts Center   in
Fire will include   one of the    Duluth, Georgia.   At Duluth, the
finest   exhibits   of   authentic    runners from Cherokee, NC, will be
Native American art in the country    met by runners from the Cherokee
as   well   as   an    intertribal    Nation and a flame will be lit by
gathering on 26, 27 and 28 July    the two torches brought by the
1996.   Bringing the Flame Home    Cherokee people.   The flame will
will leave a lasting impression on    burn throughout the entire three
festival   visitors,   and Native    months of the exhibit.
Americans alike.                        *          *         *        *

The Following note accompanied a    prayers are with you all, and I
generous $100 donation to SENAA:      shall always help support.
"Seyo and much Wado!                  "Best to Kelly and Brian.
"Just adore your Newsletter. My                  -- Alethea A. Wells"

CLASH OVER CASINOS COULD CLOSE HIGHWAYS
[Sandra Sanchez; USA Today, 5 Jan. 1996]

A long-simmering clash between    all highways follows a threat by
Native Americans and the federal    the Pojoaque tribe to close High-
government   over   casinos could    way 285 near Santa Fe.   Tribal
result in a blockade of major    leaders announced Thursday that
New Mexico highways next week.        they will wait and join other
Native Americans from nine New    tribes in a statewide shutdown.
Mexico   tribes are expecting to      "We have   the capability   to
close all highways running through    really bring a lot of chaos," says
their reservations to protest a    Pojoaque Gov. Jacob Viarrial. "If
state ban on casino gambling.         the state can break a contract and
Gambling compacts signed early    the   United States   can   break
last year by the tribes and Gov.    treaties, then we can do the same
Gary Johnson were struck down by    thing like (close) rights of way
the state supreme court because    for highways."
the New Mexico legislature was not      Kelly, who had no comment on the
consulted. US Attorney John Kelly    lawsuit, has been criticized for
ruled that the tribes must close    setting a deadline a day before
their casinos by 15 January or    the   state legislature   is   to
face legal action.                    reconvene 16 January and discuss
The dispute in New Mexico could    the issue.   The Legislature could
have major national implications,    overrule   the   court    with   a
Indian leaders say.   It raises    resolution allowing the governor
legal questions   about a state    to enter into gaming agreements
court     overturning    federally    with tribes.
approved state-tribal agreements      The tribes   have requested a
that   can   have huge financial    temporary restraining order and
effects.                              preliminary injunction that would
"Tribes across the country are    allow the   casinos   to   bypass
all concerned that if New Mexico    Kelly's order.
is allowed to get away with it,      The state does not have any
then they'll see the same types of    jurisdiction over tribal lands.
challenges in their state," says    "We are a sovereign nation," says
Kevin Gover,   lawyer   for   the    Ken Paquin,   co-chairman of the
Tesuque Pueblo.   The tribe is one    New    Mexico     Indian    Gaming
of nine that have asked a federal    Association.
court to declare their casinos      Viarrial's tribe alone can close
legal.                                a major north-south highway that
Their   suit   also   seeks   to    would prevent more than 10% of the
prohibit the federal government    10,000    Los   Alamos    National
from    interfering    with    the    Laboratories     employees    from
operation of the casinos.             getting to work.    One of two
Nationwide, there are 150 Indian    federal nuclear weapons   design
gaming compacts in 24 states that    laboratories, Los Alamos is the
involve using gaming proceeds to    largest employer in northern New
fund education,   care   for the    Mexico.
elderly, infrastructure improve-      We are willing to die or go to
ments and police departments.   At    prison to protect Indian Gaming,"
stake in New Mexico are 3,000 jobs    says Viarrial, whose 270-member
and    $200   million    generated    tribe near   Santa Fe   borrowed
annually from casino gaming.
The move in New Mexico to shut    (See CLASH OVER CASINOS, page 3)

CLASH OVER CASINOS (From page 2)
$30 million for their Cities of    tribal   safe   house   for   teen
Gold casino.   He fears that lost    runaways.
revenues could force shutdown of a       *        *         *        *

The Cherokee/English Dictionary,    Cherokee Nation Gift Shop
by Durbin Feeling can be purchased    P.O. Box 948
for $17.98, plus $4.50 shipping    Tahlequah, Oklahoma 74465
and handling, from:                      *       *        *       *

                       One Hundred First Congress
                                 of the
                        United States of America

Begun and held at the City of Washington on Tuesday, the twenty-third
day of January one thousand nine hundred and ninety.

An Act
To expand the powers of the Indian Arts and Crafts Board and for other
purposes.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress Assembled.

Sec. 101. Short Title.               corporations,   associations    or
This title may be cited as the    individuals and to charge for such
"Indian Arts and Crafts Act of    use under such licenses; (3) to
1990."                                register any such trademark owned
                                      by the Government of the United
Sec. 102.   Powers of Indian Arts    States Patent and Trademark Office
and Crafts Board.                     without charge and to assign it
Section 2 of the Act entitled "An    and the goodwill associated with
Act to promote the development    it to an individual Indian or
of Indian arts and crafts and to    Indian tribe without charge; and
create a board to assist therein,    (4) to pursue or defend in the
and for other purposes" (25 USC    courts any appeal or proceeding
305a) is amended --                   with    respect   to   any   final
(1) in the first sentence --        determination of that office;" and
     (A) by striking "the Board"      (3) by adding at the end the
and inserting "the Secretary   of    following   sentence:   "For   the
the Interior through the board;"    purposes of this section, the term
and                                   'Indian    arts     and     crafts
     (B) by striking "the Indian    organization' means any legally
wards of   the   Government" and    established    arts   and   crafts
inserting "Indian individuals;"       marketing organization composed of
(2) by amending clause (g) to    members of Indian tribe."
read   as   follows:   "(g)(1) to
create for the Board, or for the    Sec. 103.   Referral For Criminal
individual Indian or Indian tribe    And Civil Violations
or    Indian   arts   and   crafts      The Act entitled "An Act to
organization,    trademarks     of    promote the development of Indian
genuineness and quality for Indian    arts and crafts and to create a
products and the products of an    board to assist therein, and for
individual Indian or particular    other purposes" (25 USC 305 et
Indian tribe or Indian arts and    seq.) is amended by adding at the
crafts    organization;   (2)   to    end of the following:
establish      standards       and     "(b) The Board may recommend that
regulations   for   the   use   of    the   Secretary of the Interior
Government-owned   trademarks   by    (See ARTS & CRAFTS, page 5)

ARTS & CRAFTS (from page 4)
refer the matter to the Attorney        (3) the term 'Indian tribe'
General for civil action under    means --
section 6."                                  (A) any Indian tribe, band,
                                      nation, Alaska Native Village or
Sec. 104.   Criminal Penalty For    other organized group or community
Misrepresentation    Of     Indian    which is recognized as eligible
Produced Goods and Products.          for the   special   programs and
(a) In General -- Section 1159    services provided by the United
of title 18, United States Code,    States to Indians because of their
is amended to read as follows:        status as Indian; or
õ 1159    Misrepresentation   of           (B) any Indian group that
Indian produced goods and products    has been formally recognized as an
(a) It is unlawful to offer or    Indian tribe by State legislature
display for sale or sell any good,    or   by a   State commission or
with or without   a   Government    similar organization legislative
trademark, in   a   manner   that    vested    with     State    tribal

falsely suggests it is   Indian    recognition authority; and
produced, an Indian product or the        (4) the term 'Indian arts and
product of a particular Indian or    crafts organization' means   any
Indian tribe or Indian arts and    legally   established   arts   and
crafts   organization,    resident    crafts    marketing   organization
within the United States.             composed of   members of Indian
(b) whoever knowingly violates    tribes.
section (a) shall --                   (Sect. 1159) (d) In the event that
     (1) in the case of a first    any provision of this section is
violation, if an individual, be    held invalid, it is the intent of
fined   not more than   $250,000    Congress    that   the   remaining
or imprisoned not more than five    provisions of this section shall
years, or both, and if a person    continue   in   full   force   and
other than an individual, be fined    effect."
not more than $1,000,000; and         (Sec. 104)(b) Conforming Amendment
     (2) in the case of subsequent     The item relating to section 1159
violations if an individual, be    in the table of sections   for
fined not more than $1,000,000 or    chapter 53 of title 18, United
imprisoned not more than fifteen    States Code, is amended to read as
years, or both, and, if a person    follows: "1159 Misrepresentation
other than an individual, be fined    of Indian   Produced   goods and
not more than $5,000,000.             products."
(c) as used in this section --
     (1) the term 'Indian' means    Sec. 105.   Cause of Action For
any individual who is a member of    Misrepresentation     of    Indian
an   Indian tribe,   or for the    Produced Goods And Products --
purposes   of   this   section is    The Act entitled   "An   Act to
certified as an Indian artisan by    promote the development of Indian
an Indian tribe;                      arts and crafts and to create a
    (2) the terms 'Indian product'    board to assist therein, and for
and   'product of   a particular    other purposes" (25 USC 305 et
Indian tribe or Indian arts and    seq.) (as amended by section 3) is
crafts    organization'   has the    further amended by adding at the
meaning   given   such   term   in    end of the following:
regulations which may be promul-      Sec. 6 (a) A person specified in
gated by the Secretary of the    subsection (c) may, in a civil
Interior;                             (See ARTS & CRAFTS, page 6)

ARTS & CRAFTS (from page 5)
(Sec. 105, continued)                 of   the   suit   and   reasonable
action in a court of competent    attorney's fee awarded pursuant to
jurisdiction,   bring   an action    subsection (b) and deposit the
against a person who offers or    amount of such costs and fees as a
displays for sale or sells a good,    reimbursement     credited      to
with or without   a   Government    appropriations currently available
trademark,in a manner that falsely    to the Attorney General at the
suggests it is Indian produced, an    time of receipt of the amount
Indian product, or the product of    recovered; and
a particular Indian   or Indian          (B) in the case of paragraph
tribe or Indian arts and crafts    (1)(B), the amount recovered for
organization, resident within the    the costs of suit and reasonable
United States, to --                  attorney's   fees    pursuant   to
     (1)obtain injunctive or other    subsection (b) may be   deducted
equitable relief, and                 from the total   amount awarded
     (2) recover the greater of --    under subsection (a)(2).
        (A) treble damages; or          (d) As used in this section --
        (B) in the case of each         (1) the term "Indian" means
aggrieved individual Indian,Indian    any individual who is a member of
tribe or Indian arts and crafts    an Indian tribe;   or   for the
organization, not less than $1,000    purposes of   this   section   is
for each day on which the offer or    certified as an Indian artisan by
display    for   sale    or   sale    an Indian tribe;
continues.                                (2) the terms "Indian product"
(b) In addition to the relief    and "product of   a   particular
specified in subsection (a), the    Indian tribe or Indian arts and
court may award punitive damages    crafts   organization"   has   the
and the   cost of suit   and a    meaning   given   such   term   in
reasonable attorney's fee.            regulations which may be promul-
(c)(1)   A civil action under    gated by the Secretary of the
subsection (a) may be commenced--     Interior;
       (A) by the Attorney General         (3) the term "Indian tribe"
of the United States upon request    means --
of the Secretary of the Interior           (A) any Indian tribe, band,
on behalf of an Indian who is a    nation, Alaska Native Village or
member of an Indian tribe, or on    other organized group or community
behalf   of an Indian tribe or    which is recognized as eligible
Indian     arts     and     crafts    for   the   special programs and
organization; or                      services provided by the United
       (B) by an Indian tribe on    States to Indians because o f their
behalf of itself, an Indian who is    status as indians; or
a member of the tribe, or on           (B) any Indian group that
behalf of   an Indian arts and    has been formally recognized as an
crafts organization.                  Indian   tribe    by    a    State
     (2)   Any   amount recovered    legislature   or    by   a   State
pursuant to this section shall be    commission or similar organization
paid to the individual Indian,    legislatively vested with State
Indian tribe, or Indian arts and    tribal recognition authority; and
crafts organization, except that--         (4) the term "Indian arts and
        (A) in   the   case    of    crafts organization"   means any
paragraph (1)(A),   the Attorney    legally   established    arts and
General may deduct from the amount    crafts    marketing   organization
recovered the amount for the cost    (See ARTS & CRAFTS, page 7)

ARTS & CRAFTS (from page 6)
composed of members of   Indian    individual, be fined not more than
tribes.                               $1,000,000 or imprisoned not more
(e) In the   event   that any    than fifteen years, or both, and,
provision of this section is held    if   a person   other   than   an
invalid, it is   the intent of    individual, be fined not more than
Congress    that   the   remaining     $5,000,000."
provisions of this section shall
continue in full force and effect.    Section 107.   Certification   Of
                                      Indian Artisans.
Section 106. Penalty For Counter-      For the purposes of section 1159
feiting Indian Arts And Crafts    of title 18, United States Code,
Board Trademark                       and section 6 of the Act entitled
Section 1158 of title 18, United    "An Act to promote the development
States Code,is amended by striking    of Indian arts and crafts and to
"be fined not more than $500 or    create a board to assist therein,
imprisoned   not more   than six    and for other purposes" (25 USC
months or both" and inserting "(1)    305 et seq.) an Indian tribe may
in the case of a first violation,    not impose a fee in certifying an
if an individual, be fined not    individual as an Indian artisan.
more than $250,000, or imprisoned    For the purposes of this section
not more than five years, or both,    the term "Indian tribe" has the
and if a person other than an    same meaning given each term in
individual, be fined not more than    section 1159 (c)(3) of Title 18,
$1,000,000 and (2) in the case of    United States Code.
subsequent   violations,   if   an       *         *         *        *

                         1996 CALENDAR OF EVENTS
                           FOR CHEROKEE, N.C.
                [Reprinted from the Cherokee One Feather]

23 March -- Honor "Elders" Powwow; Cherokee Ceremonial Grounds 497-3028.
30 March -- KOA Trout Fishing Tournament; KOA Kampground 497-9711
5-7 April -- Jamboree; Cherokee Ceremonial Grounds
13 April -- Ramp Day; Cherokee Ceremonial Grounds
13 May -- Veteran's Powwow; Cherokee Ceremonial Grounds
24-26 May -- Memorial Day Powwow; Cherokee Ceremonial Grounds
4-6 July -- Fourth of July Powwow; Cherokee Ceremonial Grounds
22-24 August -- Blue Grass Festival; Happy Holiday Campground 497-7250
24 August -- KOA Trout Fishing Tournament; KOA Kampground
21, 22 September -- Shelby Mustang Show; Best Western Great Smokies Inn
497-2020
1-6 October -- Cherokee Fall Festival; Cherokee Ceremonial Grounds
11 November -- Honor Veterans Powwow; Cherokee Ceremonial Grounds
28, 29 November -- Christmas Bazaar; Qualla Civic Center 497-9115
7, 8; 14, 15 December -- Christmas Bazaar; Cherokee Ceremonial Grounds

It was early morning, still dark    bed, slept, and now he was awake.
outside, when four-year-old De-Wa    He was ready to get up, get out,
awakened.   He couldn't tell time,    and learn all he could about the
of course,   but   knew it   was    world and everything in it --
morning, because he had gone to    (See LOVE & COURAGE; page 8)

LOVE & COURAGE (From page 7)
at least, as much as he could in      It was just beginning to get
the small piece of it his mother    light enough to   see into the
would allow him to explore.           depths of the pool, when De-Wa
It was this curiosity that led    heard his mother   calling him.
him to get up at five o'clock this      Reluctantly, he stood. Peering
particular    morning    and   get    one last time into the water, he
dressed.                              started back toward home.   Molly
To keep from waking his parents,    rose and followed, staying between
he was especially careful opening    De-Wa and the water. They were
the front door and closing it    almost to the footpath leading to
behind him.                           his   grandparents' house,   when
De-Wa and his folks lived in    Molly suddenly darted in front of
a quiet valley, next door to his    De-Wa.
grandparents.   Beyond their house      Turning sideways, she used her
was a footpath that led to a brook    body to gently push him back and
at the base of a ridge.               make him stop where he was.   When
He had been to the brook many    De-Wa was still, Molly turned her
times,   though usually in   the    attention to   something in the
company of his older cousins.   He    path, crouched low, and growled
had marveled at the small fish,    viciously.
turtles, crayfish and periwinkles,      She crept forward a few steps
and would watch them for hours.    and stopped.   As she moved to the
This morning, he had awakened from    left, De-Wa saw what had riled the
a dream   about   a strange new    dog so.   Coiled in their path was
aquatic creature he had never seen    a huge Water Moccasin. It was
before that lived in the brook.    facing Molly; mouth open, fangs
His dawn mission was to go to the    extended,   following   her every
brook and get a closer look at    move.   To a four-year-old,   it
this new life-form.   He knew just    looked monstrous and evil.
where to look.   It was downstream      Suddenly, Molly attacked. De-Wa
from the footpath, in a pool near    watched in fear, as Molly fought
a stand of willow trees.              with the snake;   biting,   then
As De-Wa   walked   across his    jumping back to avoid the deadly
grandparents' lawn, their collie    fangs.
rose to her feet, wagging her      Finally, Molly's mouth closed
tail, and slowly approached him.    around the snake, just behind its
De-Wa patted her on the head and    head.    She   shook   the   snake
hugged her.                           violently, again and again, until
"Come on, Molly," he whispered.    the snake hung limp and lifeless
"You wanna go with me?   I'm goin'    from her mouth.
to the branch to see the fishes."       After disposing of the corpse,
Through the deep shadows of the    Molly returned to De-Wa,   tail
trees they passed quietly, and    wagging happily, and escorted him
were soon at the banks of the    safely home.
brook. The gurgling sound of the      De-Wa's young heart and mind
water was like music to his ears    were   overwhelmed    by   Molly's
as De-Wa walked along its edge    courage; that she would so readily
toward   his   destination.   Upon    risk her life to save his. His
arriving at the pool, De-Wa peered    love was boundless, as he threw
into its depths.   It was too dark    his small arms around her neck and
to see any details, so he waited    hugged her tightly.
for daylight. Molly sniffed around    "I love you, Molly," he whispered.
the area, then settled down beside
him.                                     *        *        *       *