Wikipedia

Lipan Apache Tribe of Texas

The Lipan Apache Tribe of Texas is a state-recognized tribe [3][4][5] and nonprofit organization in Texas.[6] Members of the tribe claim descent from the Lipan Apache,[7] a Southern Athabaskan Indigenous people.[8] They are not a federally recognized American Indian tribe, recognized by the Bureau of Indian Affairs as having a government-to-government relationship with the United States and, therefore, they are ineligible to receive federal funding and services.[9] [10] The Lipan Apache Tribe of Texas is headquartered in McAllen, Texas.[11]

Lipan Apache Tribe of Texas
Named afterLipan Apache people, State of Texas
Formation2007[1]
TypeNonprofit organization[1]
US Texas TIN 13311748407[1]
EIN 33-1174840[2]
Legal statusactive
PurposeCultural awareness; Agriculture, fishing and forestry; History museums[2]
Location
Official language
English
Websitelipanapache.org

Regardless of this fact, they have support from federally recognized Apache tribal leaders, such as former Chairwoman Gwendena-Lee Gatewood of the White Mountain Apache Tribe and Chairman Terry Rambler of the San Carlos Apache Tribe.[12][13]

They should not be confused with other unrecognized organizations who also identify as Lipan Apache descendants, including the Apache Council of Texas (Alice), Cuelgahen Nde Lipan Apache of Texas (Three Rivers), Lipan Apache Band of Texas (Brackettville), and Lipan Apache Nation (San Antonio).

Organizations

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The Lipan Apache Tribe of Texas, Inc., became a 501(c)(3) nonprofit organization in 2007.[14][1] It is based in McAllen, Texas.[1]

Their subject areas are cultural awareness; agriculture, fishing, and forestry; and history museums.[2] In 2013, the organization held $10,013 in assets.[2]

Bernard F. Barcena Jr. is the registered agent.[1]

Officers of the organization include:

  • Director and agent: Bernard F. Barcena Jr.
  • Director: Robert Soto
  • Officer: Erika Sauseda
  • Officer: Juan S. Garcia[1]

The Lipan Apache Tribe Cemetery Association, another 501(c)(3) nonprofit organization, was registered in 2023.[15][better source needed] Bernard F. Barcena of San Antonio is also the registered agent of this organization.[15]

Resolution and bill

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In 2009, the Texas state senate passed Senate Resolution 438, a congratulatory resolution authored by State Senator Juan Hinojosa.[16]

On March 18, 2009, SR 438, titled "Recognizing the Lipan Apache Tribe of Texas," was adopted in the Texas Senate, legislative session 81(R). Jointly, on the same day, HR 812, titled "Recognizing the Lipan Apache Tribe of Texas," was adopted in the Texas House of Representatives. Although not signed by the Governor or law, these resolutions expressed the sentiments of the Senate and the House in recognizing the Lipan Apache Tribe of Texas as "the present-day incarnation of the clans, bands, and divisions historically known as the Lipan Apaches, who have lived in Texas and northern Mexico for 300 years"[17] and commending the people of this Tribe for their contributions to the state.[18]

In 2019, the State of Texas 86th Legislature, adopted concurrent resolutions, Senate Concurrent Resolution No. 61 (SCR 61) and House Concurrent Resolution No. 171 (HCR 171), that each affirmed the Texas Legislature's views that the Lipan Apache Tribe of Texas was "the present-day incarnation of a proud people who have lived in Texas and northern Mexico for more than 300 years" and commended the people of this Tribe for their contribution to the state. Each concurrent resolution was signed by the Senate, House, and the Governor.[19][20]

Congratulatory resolutions such as SR No. 438 are not the same as state-recognition.[21][a] Texas has "no legal mechanism to recognize tribes."[24] The Lipan Apache Tribe of Texas sent a letter of intent to file a petition for federal recognition on February 22, 2011.[25] It has not filed a petition for federal recognition as a Native American tribe.[26]

State senator Hinojosa introduced Texas Senate Bill 27, introduced in January 2021, to formally recognize this group. The bill died in committee.[27]

Court case

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In August 2014, after nine years of litigation by Robert Soto (Vice-chairman of the Lipan Apache Tribe of Texas) and other plaintiffs against the U.S. Department of Interior (DOI), the Fifth Circuit U.S. Court of Appeals found that the seizure of 50 eagle feathers during a 2006 Lipan Apache pow wow violated Robert Soto's rights as a "sincere adherent to an American Indian religion" under the Religious Freedom Restoration Act (RFRA) of 1993.[28] They concluded that Congress did not specifically aim to safeguard the religious rights solely of federally recognized tribe members.[29] The Court accepted that he was "without dispute an [American] Indian" and a member of the Lipan Apache Tribe acknowledged to have "long historical roots" in Texas and who had a history of "government-to-government" relationships with the Republic of Texas, State of Texas, and the United States.[29] The opinion was limited only to "Soto's RFRA claim based on his and his tribe's status".[30] They remanded to the lower district court for proceedings consistent with their opinion, and the case was cabined to "Native American co-religionists" (referring to the "religious practices of real Native Americans").[30] The DOI and the plaintiffs settled the case on June 3, 2016. Through the settlement, the DOI granted lifetime permits to over 400 Native American plaintiffs who were not members of federally recognized tribes to "possess, carry, use, wear, give, loan, or exchange among other Indians, without compensation, all federally protected birds, as well as their parts or feathers" for their "Indian religious use," in accordance to "the terms set forth in the DOI's February 5, 1975 'Morton Policy'". The case was officially closed on February 17, 2017.[31]

Cemetery

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In 2021, officials in Presidio and Presidio County, Texas, transferred a late 18th- and 19th-century cemetery, Cementerio del Barrio de los Lipanes, to the Lipan Apache Tribe of Texas.[32][33] The Lipan Apache Tribe of Texas partnered with the Big Bend Conservation Alliance to protect and study the site in the Lipan Apache Cemetery project. The project was funded in part by the Mellon Foundation[34] [35] which supported the project with a grant of $650,000 to be used to complete the protective structure and to install interpretive signage at the site, as well as to support a study to help understand the needs of Indigenous peoples in West Texas.[36] The architect firm MASS Design Group designed the boundary structure, which will help protect and delineate the burial site. MASS is notable for building architecture that "promotes justice and human dignity," such as the National Memorial for Peace and Justice in Montgomery, Alabama, which serves as a memorial to victims of lynching nationwide.[37][38] The Lipan Apache Cemetery project was marked as completed on March 23, 2024.[39]

Activities

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The Lipan Apache Tribe of Texas hosts two annual powwows in Alton, Texas.[40]

A member of the Lipan Apache Tribe of Texas, Gonzo Flores, served as Southern Plains Vice-President of the National Congress of American Indians in 2022.[41] He was succeeded by Reggie Wassana (Cheyenne and Arapaho Tribes).[42]

The Lipan Apache Tribe of Texas attend the yearly Apache Alliance summit meetings, alongside other federally recognized Apache tribes such as the San Carlos Apache Tribe and the Jicarilla Apache Tribe.[43]

Notable members

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See also

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Notes

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  1. ^ The state of Texas has no office to manage Indian affairs[22] and no state-recognized tribes.[23]

References

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  1. ^ a b c d e f g h "Lipan Apache Tribe of Texas Inc". OpenCorporates. Retrieved December 15, 2023.
  2. ^ a b c d "Lipan Apache Tribe of Texas, Inc". GuideStar. Retrieved December 15, 2023.
  3. ^ Wilson, Khrystye H. (2023). "Eagle Permits, RFRA, and American Indian Religious Freedom: Legal Avenues for First Amendment Protection" (PDF). The Indigenous Peoples' Journal of Law, Culture, & Resistance. 8: 87.
  4. ^ "Indigenous Students and Families" (PDF). Texas Education Agency.
  5. ^ Moss, Margaret P. (December 16, 2015). American Indian health and nursing. Springer Publishing Company. p. 378. ISBN 9780826129840.
  6. ^ McNally, Michael D. (Summer 2019). "Native American Religious Freedom as a Collective Right". BYU Law Review. 2019 (1): 269.
  7. ^ Seymour, Deni J.; Rodriguez, Oscar (2017). "Embracing a Mobile Heritage Federal Recognition and Lipan Apache Enclavement". In Seymour, Deni J. (ed.). Fierce and indomitable: The protohistoric non-pueblo world in the American Southwest. University of Utah Press. p. 77. ISBN 9781607815211.
  8. ^ Hoijer, Harry (1938). "The southern Athapaskan languages". American Anthropologist. 40 (1): 75.
  9. ^ "Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs". Federal Register. January 8, 2024.
  10. ^ "What is a federally recognized tribe?". Bureau of Indian Affairs. U.S. Department of the Interior.
  11. ^ "Indigenous Students and Families" (PDF). Texas Education Agency.
  12. ^ "Apache Alliance meeting today in San Carlos AZ".
  13. ^ "We had a great Apache Alliance today at the Apache Gold Casino".
  14. ^ "Lipan Apache Tribe of Texas Inc". Texas Company Directory. Retrieved December 15, 2023.
  15. ^ a b "The Lipan Apache Tribe Cemetery Association". Bizapedia. Retrieved January 5, 2024.
  16. ^ "Senate Resolution 438". Senate Journal 587. Austin, Texas. March 18, 2009. Retrieved December 15, 2023.
  17. ^ "SENATE RESOLUTION NO. 438". Senate of the State of Texas. 2009.
  18. ^ "Lipan Apache Tribe wins recognition in Texas". IndianZ. March 24, 2009.
  19. ^ "86(R) SCR 61 - Enrolled version - Bill Text". capitol.texas.gov. Retrieved June 30, 2024.
  20. ^ "86(R) HCR 171 - Enrolled version - Bill Text". capitol.texas.gov. Retrieved June 30, 2024.
  21. ^ "Indian Issues: Federal Funding for Non-Federally Recognized Tribes" (PDF). Highlights. Washington, DC: U.S. Government Accountability Office. April 2012. p. 8. Retrieved December 16, 2023.
  22. ^ "State Committees and Commissions on Indian Affairs". National Conference of State Legislatures. Retrieved July 17, 2022.
  23. ^ "State Recognized Tribes". National Conference of State Legislatures. Retrieved July 17, 2022.
  24. ^ Brewer, Graham Lee; Ahtone, Tristan (July 17, 2022). "In Texas, a group claiming to be Cherokee faces questions about authenticity". NBC News. Retrieved December 15, 2023.
  25. ^ "List of Petitioners by State" (PDF). Department of Interior Indian Affairs. November 12, 2013. p. 47. Archived from the original (PDF) on January 19, 2024. Retrieved June 29, 2024.
  26. ^ "Petitions Resolved". Indian Affairs. US Department of the Interior. Retrieved July 17, 2022.
  27. ^ "Texas Senate Bill 274". TX SB274, 2021–2022, 87th Legislature. LegiScan. Retrieved December 15, 2023.
  28. ^ "SENATE RESOLUTION NO. 438". Texas State Senate. 2014.
  29. ^ a b Smith, Adair Martin (April 2018). "Native American Use of Eagle Feathers Under the Religious Freedom Restoration Act". University of Cincinnati Law Review. 84 (2): 575.
  30. ^ a b "McAllen Grace Brethren Church v. Salazar". Casetext. August 20, 2014. p. 23.
  31. ^ Keim, Adèle Auxier (2023). "The Religious Freedom Restoration Act and Indian Act: From Individual Advocacy to Collective Action". Journal of Appellate Practice and Process. 23 (1): 186 – via Gale General Onefile.
  32. ^ "Presidio County of Commissioner's Court Minutes" (PDF). Presidio County Texas. October 13, 2021. Archived from the original (PDF) on May 31, 2023. Retrieved June 29, 2024.
  33. ^ AIA, Stephen (Chick) Rabourn (March 7, 2023). "Interpreting the Past". Texas Architect Magazine. Retrieved June 30, 2024.
  34. ^ Karas, Sam (October 11, 2023). "Lipan Apache Cemetery project to be completed with Mellon Foundation grant". Big Bend Sentinel. Retrieved January 5, 2024.
  35. ^ Bubenik, Travis (October 9, 2023). "Big Bend group awarded a grant for Lipan Apache cemetery project and "land reclamation" study". Marfa Public Radio. Retrieved December 16, 2023.
  36. ^ Karas, Sam (March 27, 2024). "Community gathers for official opening ceremony at Cementerio del Barrio de los Lipanes". The Big Bend Sentinel. Retrieved June 30, 2024.
  37. ^ "Big Bend group awarded grant for Lipan Apache cemetery project and "land reclamation" study". Marfa Public Radio, radio for a wide range. October 9, 2023. Retrieved June 30, 2024.
  38. ^ "El Cementerio Del Barrio de los Lipanes | MASS Design Group". massdesigngroup.org. Retrieved June 30, 2024.
  39. ^ Karas, Sam (March 23, 2024). "Opening ceremony for Lipan Apache Cemetery in Presidio to be held Saturday". The Big Bend Sentinel. Retrieved June 30, 2024.
  40. ^ "53rd Annual Pow Wow event planned". Winter Texas Times. Retrieved December 19, 2023.
  41. ^ Estus, Joaqlin. "NCAI heads into midyear conference short its CEO". ICT. Retrieved December 19, 2023.
  42. ^ "National Congress of American Indians Swears in Newly Elected 2023-2025 Executive Committee". Native News Online. Retrieved December 19, 2023.
  43. ^ "13th Annual Apache Alliance held in San Carlos".
  44. ^ Solomon, Dan (December 13, 2021). "Darcie Little Badger's Engrossing New Novel Blends Lipan Apache Folklore and Oceanography". Texas Monthly. Retrieved December 16, 2023.
  45. ^ Maffly, Brian (August 20, 2019). "Feds make it easier for Native Americans to collect eagle feathers, but Utes fear change could go too far". The Salt Lake Tribune. Retrieved December 16, 2023.
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