SENATE CONCURRENT RESOLUTION NO. 20

(By Senators Mitchell, Caldwell, Rowe and Sprouse)


Requesting the Joint Committee on Government and Finance review, examine and study the statutory means by which West Virginians of indigenous descent who do not meet the current criteria for federal acknowledgment may be given formal recognition.

Whereas, There are thousands of people of American Indian or other indigenous descent who are living in West Virginia; and
Whereas, These descendants may have hidden their true identities out of fear of persecution and prejudice; and
Whereas, These people were denied status as American Indians, Native Hawaiians or Native Alaskans even when they may have desired it as a result of governmental policies of the past; and
Whereas, These persons may have suffered the same torments visited upon indigenous people in general because of their heritage or affiliations but were, and are currently, denied the special privileges afforded the status American Indians, tribes and nations. Those people are now coming forward to claim those privileges because of increasing cultural awareness and tolerance among other Americans; and
Whereas, Our society has failed to provide a clear and concise manner by which these descendants, some of whom extract their heritage from three or more ethnicities, can be identified and delineated from mainstream West Virginians and Americans; and
Whereas, The people of American Indian or other indigenous descent comprise only two tenths of one percent of the total population of West Virginia and they have suffered the inevitable consequences and handicaps of being such an overwhelming minority; and
Whereas, There are groups and communities of descendants of indigenous people in our state who have created and maintained cultures that are distinctively theirs alone, who have made vast contributions to the overall rich heritage of West Virginia and who are fighting under increasing pressures to preserve and foster their traditional ways of life; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the limitations upon the privileges of indigenous recognition and well as defining and adopting the term "metis" as the official word used to denote the ethnological description and composition of these recognized groups; establishing criteria by which organized entities may be determined to be metis; providing for accountability in the event of misrepresentation or fraud; and granting state minority status to metis individuals and organizations; and, be it
Further Resolved, That the Joint Committee on Government and Finance is further requested to review, examine and study the statutory means by which West Virginians of indigenous descent who do not meet the current criteria for federal acknowledgment may be given formal recognition; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2003, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.