Chief Shirell Parfait-Dardar has sent a letter to Governor Edwards regarding the horrendous behavior by Senate Judiciary B Committee and its members. The letter, supported by several members of the Native American Commission, has not yet received a response.

The text of the letter is below:

On May 24, 2022, several Tribes presented legislation before the Senate Judiciary B Committee regarding state recognition. During that hearing, the Tribes were subjected to inappropriate and unsettling behavior by Senators Smith and Tarver. Both Senators made multiple assumptions and their questions made it very apparent that those responsible for making decisions in the Senate Judiciary B Committee hearing were not knowledgeable regarding Native American affairs, particularily the long and documented history of genocide committed against Native Americans. Louisiana’s creation of the State Recognition process, and the creation of the Native American Commission established by Louisiana R.S. 46:2305 empowered the State government to establish criteria for State Tribe recognition.

Native American, tax paying citizens of Louisiana, actively contribute to the wellbeing of our State and communities, with many serving in the Armed Forces. Tribes seeking State Recognition should not be heard in a committee that makes determinations regarding matters that do not pertain to them and whose members are uninformed as to tribal sovereignty. Tribes are not to be harassed for the loss of their language, a cultural genocide perpetuated against them, or be required to be acknowledged by only Federally Acknowledged Tribes, nor to be required to pursue non-mandatory Federal acknowledgment.  

Some of the key facts that were clearly not known by the Committee are as follows:  

• The Native American Commission was created within the Governor’s Office of Indian Affairs by Louisiana R.S. 46:2305
• The Native American Commission has created a report and recommendations regarding State Recognition.
• The Native American Commission has recommended that certain tribes be granted state recognition based on their meeting the recommended criteria: Identifications of Indian entity (History), Governing Document and Descent of current members from historical Indian Tribe or Tribes that combined (Genealogy), and on April 27, 2021, the Tribes were approved according to the two-thirds voting requirement, as per R.S. 46:2305  “It is the policy of this state to acknowledge the tribes within the borders of the state, to support their aspirations for the preservation of their cultural heritage and the improvement of their economic conditions, and to assist them in achieving their just rights.” by Louisiana R.S. 49:158.1(2)
• Louisiana currently has eleven State Recognized Tribes.
• Louisiana State Recognized Tribes cannot participate in Tribal-State Class III Gaming by 25 U.S.C. 2703(5), 25 U.S.C 2703(8), Louisiana R.S. 46:2303 and Louisiana R.S. 46:2304.

It is not only right; but it is essential for the State to formally recognize the Indigenous peoples and Nations of the land. The knowledge and dedication of the Tribes in the wellbeing of the state and region are critical now, and for a healthy future of the state. Some of the key facts that we were not able to present are as follows:  

• Having State recognition is different from Federal Acknowledgment, just as the state’s governing body is different from that of Washington, D.C. Having the state’s agencies and program people know who and where the Tribes are within the state is helpful with work that is needed to be achieved be it coastal restoration, the economy, cultural impacts, or disaster response and recovery. 
• Federal Acknowledgement does not automatically guarantee access to all resources. Many Federally Acknowledged Tribes struggle for even the most basic of needs, such as access to clean and safe drinking water, and there are still hindrances in the protection of sacred sites, among a multitude of other challenges. A Quiet Crisis: Federal Funding and Unmet Needs in Indian Country, pursuant to Public Law 103-419: “In short, the Commission finds evidence of a crisis in the persistence and growth of unmet needs. The conditions in Indian Country could be greatly relieved if the federal government honored its commitment to funding, paid greater attention to building basic infrastructure in Indian Country, and promoted self-determination among tribes.” https://www.usccr.gov/files/pubs/na0703/na0204.pdf 
• Having State recognition helps in identifying regions/maps of where Tribes are residing which is important for Tribes as they seek funding from philanthropic entities and partnership with agencies, such as the Environmental Protection Agency. “The Policy focuses on EPA’s work with federally recognized tribes, state recognized tribes, tribal members, indigenous community-based/grassroots organizations, Native Hawaiians, individual Native Americans, and others living in Indian country.” https://www.epa.gov/environmentaljustice/epa-policy-environmental-justice-working-federally-recognized-tribes-and Imagine if  Lafayette were not on a map, would it not diminish who and what the city is?  United States Census Bureau - Grand Caillou/Dulac SDTSA, LA Populations and People: https://data.census.gov/cedsci/map?q=Grand%20Caillou%2FDulac%20SDTSA,%20LA%20Populations%20and%20People&g=2500000US0635,0795,1690,4315,8350,9510,9515,9520,9630,9720,9735,9775,9836,9849,9960&y=2020&cid=P1_001N&layer=VT_2020_250_00_PY_D1&palette=RdYlGn&mode=thematic&loc=31.3530,-92.7239,z6.8916 
• The Tribes have been directly involved with agencies such as the Natural Resources Conservation Service, Federal Emergency Management Agency, National Oceanic and Atmospheric Administration and others. Having a listing of Tribes for the state helps agencies direct information and partner on projects and programs. The delay in distribution of COVID and Hurricane Ida resources to Tribes is an example of the gap in service provision when there is not adequate information about the tribes. The Louisiana Indigenous community fighting for hurricane justice: https://www.aljazeera.com/features/2021/12/12/the-louisiana-indigenous-community-fighting-for-hurricane-justice
• Many Tribes have helped bring resources to the state and to its institutions; this work can and should be expanded.
• Most of the Tribal communities in the state that are not federally acknowledged do not have staff, yet there are self-funded volunteers that run their Tribal governments and councils.  The cost of seeking federal acknowledgement is high, not only in time but also in the financial cost of seeking documents and reproducing them in such a way that is acceptable for the Bureau of Indian Affairs-Office of Federal Acknowledgement. US Government Decides Which Are, Are Not, Legitimate Native American Tribes: “This often requires petitioning tribes to seek help from professional historians, archaeologists and genealogists, at considerable cost; the Pamunkey spent close to $2 million on their petition, something smaller tribes may not be able to afford.” https://www.voanews.com/a/us-government-decides-which-are-are-not-legitimate-native-american-tribes/3834462.html

The Tribes are the first peoples of this land; recognizing the Tribes is an ethical and moral responsibility, as well as an honor for the state to embrace the beautiful people who have given so much for others to live upon as our brothers and sisters. Discrimination in the United States: Experiences of Native Americans: “Our findings document widespread, high levels of discrimination personally experienced by Native Americans today across many areas of life, regardless of geographic or neighborhood context. Alongside other research on the failure of federal policies and agencies to address the needs of Native communities, these results suggest discrimination against Native Americans is still a pervasive, systemic, and untreated problem in the United States. In policies, services, and research, future work should explicitly seek to end discrimination, as it affects a significant share of the Native American population.” https://onlinelibrary.wiley.com/doi/full/10.1111/1475-6773.13224

Many states in the U.S. have well funded, and empowered, Native American Commissions that help with programmatic and legislative concerns. Several of those commissions dedicate themselves to helping to secure funds and resources for Tribes to seek federal recognition and to connect with other Tribes for mutual support. Several of those Tribes who are members of their own state commissions, willingly contributed to the 2020 report - Native American Commissions as Pathways to Change, that was prepared in partnership with universities and a non-profit research organization, in hopes of creating progress for the 31,657 Native American citizens of this state.

• California - Executive Order B-10-11, by Governor Edmund G. Brown, Jr.
  https://www.ca.gov/archive/gov39/2011/09/19/news17223/index.html and
• Part 15. North Carolina State Commission of Indian Affairs
  https://ncadmin.nc.gov/media/13723/download?attachment

Given the events that took place May 24, 2022, and given the very real concerns that Tribal needs will not be met, we request that: 

• Governor John Bel Edwards meet with the Native American Commission to formally engage the Tribes and ensure that Louisiana will take the necessary actions to respect, honor and recognize its Native American Tribes and citizens.
• The President of the Senate and/or proper agency, review the archived recording of the Senate Judiciary B Committee hearing and take necessary actions to ensure responsibility and accountability for the actions against the Native Americans on May 24th, 2022, as well as to address procedural errors.
• The Louisiana Governor’s Office of Indian Affairs continue to move forward with efforts to ensure progress for Native American citizens and work with the Native American Tribes and State legislature to remove barriers preventing timely disaster response and recovery and State Tribal Recognition. 

You can view Part I of the hearing here.

You can view Part II of the hearing here 

Or, listen closely to just this one clip of Senator Tarver after the hearing, telling a colleague that he "missed all the fun."