INDIAN AFFAIRS: SCHWAB SEEKS TO SET UP COMMISSION

State Rep. David Schwab wants Missouri to establish a state commission on Indian affairs and has introduced a bill that would set up an 11-member commission within the state's Economic Development Department.

The commission would help secure state recognition for American Indian tribes and work with them to gain federal recognition.

"Right now, there is no organization dealing directly with Indian affairs," said Schwab, a Republican, of Jackson.

Officials with the Western Cherokee Nation of Arkansas and Missouri say it could help their tribe gain official recognition and federal money.

The tribe is seeking to have a similar Indian affairs commission established in Arkansas. Currently, Arkansas has a representative for Indian affairs but no commission.

Missouri's commission would include one senator and one state representative appointed by the president pro tem and the House speaker, respectively. The other members would be appointed by the governor. Under the bill, seven of the members must represent Indian tribes, bands or groups in the state.

The commission would be required to meet at least quarterly. Members wouldn't receive a salary, but they would be paid for expenses.

The commission would hire an executive director, who would serve as secretary, chief administrator and executive officer of the commission. Other staff also could be hired.

As drafted, the commission would promote recognition of Indian cultural and religious traditions.

The commission would review all proposed or pending state legislation affecting Indians. Public hearings would be conducted on Indian issues. The commission would make an annual, written report to the governor and the Legislature.

Although it isn't in the bill, Schwab said he would push to have the commission funded from dues paid by the tribes or tribe members. "My intention is that this would be self funded," he said.

Schwab said it would be similar to various state licensing boards within the Economic Development Department. Such boards generate fees from the licensing of various professions, such as barbers, architects and accountants.

The legislation doesn't talk about it, but Schwab and other proponents believe an Indian affairs commission could help keep tribes from setting up casinos in the state.

Schwab said his office has heard from about 150 to 200 Missourians who identify themselves as Indians and favor the legislation.

He introduced the bill at the request of Delta elementary school teacher Diana Lawson. Schwab and Lawson are scheduled to testify for the bill at a House governmental organization committee hearing Wednesday in Jefferson City.

Western Cherokee tribal delegate April Rhodes of Jackson and her 14-year-old daughter, Jennifer, also are to testify.

Lawson, who is part Cherokee, said a state commission could help secure federal funding for Indian tribes.

"Our main priority is not going after federal funds. Our main priority is we want our heritage back," said Lawson.

Until 1908, an Indian couldn't legally live in Missouri. Those who lived in the state faced being shipped to reservations in other states if their identity was discovered, Lawson said.

Many Indians simply denied their heritage to survive. "My great-grandmother died two years ago, and until the day she died she denied being an Indian," said Lawson.

"We have lived in Missouri for 100 years denying the fact that we were Native Americans because they didn't want us here," said Lawson.

Missouri is one of only five states that doesn't have some type of office for Indian affairs.

Lawson said an estimated 100,000 American Indians live in Missouri.

She and Rhodes said a state commission could help address issues dealing with Indian affairs.

For example, Rhodes said her daughter couldn't sell crafts as "Native American made" because only those individuals who are officially recognized as American Indians are allowed such a designation under federal law.

Another issue concerns hunting and fishing. American Indians are allowed to hunt and fish on state and federal grounds without hunting and fishing permits.

Lawson said American Indians don't have such rights if their tribes aren't recognized by that particular state or state commission.

Rhodes said the Cape Girardeau area has a rich Cherokee heritage. "A lot of people in this area are of Cherokee descent." Many don't know it because their ancestors kept it a secret, she said.

Lawson said American Indians have had dual citizenship since 1924. Tribes, under federal law, are considered sovereign nations, she said.

The Western Cherokee Nation of Arkansas and Missouri supports Schwab's bill.

The tribe dates its origins to 1721. Swampy Southeast Missouri and northeastern Arkansas were home to many Western Cherokees.

The federal government has never recognized the tribe.

"We are in the process of getting the tribe recognized," said Harold Turman, the tribe's deputy chief. The tribe is based in the Paragould, Ark., area. It currently operates as a non-profit corporation.

"Since January of 1998, we have taken in over 6,000 members," he said.

That doesn't include all the members on the tribe's old rolls, which date back to 1875.

To be recognized as a tribal member, a person must be able to trace his ancestry through birth and death certificates.

Federal recognition could bring federal money that could be used for everything from health-care benefits to perhaps a cultural center, he said.