Due Diligence
Line of Authority

As much as we would like to stand boldly and declare our own authority is in the true spirit of Self-Determination, we do recognize that we live in a nation with its own laws that we ought to respect and uphold. The Law of the Land (AIRFA, NAFERA, RFRA, etc.) strictly dictates what may be represented as a Native American Tribe, Band or Traditional Organization, and these dictates are the norms under which we must operate and we do intend to always position the Nemenhah within these constructs.

In the USA, ‘Tribe’ is a legalized term which only has to do with those entities recognized by the U.S. Dept. of the Interior, or by Act of Congress, to receive special ‘reservations’ to the treaties into which they entered with their conquerors. Although most people associate the word ‘reservation’ with the idea of real estate, its meaning in the Law is quite different, in that it has to do more with Government Trusts, Welfare, Hunting and Fishing, Vehicle and Business License, and so forth. The word ‘Tribe or Band’ does not apply to the Nemenhah, and so we don’t use it.

‘Band’ and ‘Traditional Organization’ are terms that are regulated more by the Native American People than by Federal or State Governments. For example, the Rosebud Native American Church, which was created by Act of Congress in the early part of the twentieth century, is a Traditional Organization under the Law. This means that its members and ministers, although they cannot avail themselves of such things as Welfare, Driver’s License, Hunting and Fishing Rights on Tribal Lands, etc., they must nevertheless be considered under other points of law material to the practice of their religion as, in a sense, “Members of Every Tribe.” This is because their membership effectively includes Elders from many Federally Recognized Tribes and Bands. This is why the Nemenhah was quick to accept recognition from the NAC when it was offered. It was, in fact, even more meaningful that attempting to obtain that sort of recognition from the Tribe from which our Elected Principle Medicine Chief has a familial claim and traditional heritage. “Line of Authority” to the Nemenhah, therefore, has less to do with who we say we are than it does with what we say we want to do. As a Traditional Organization, our ministers enjoy much greater protection because of our affiliation with the Native American Church than they might have under the regulatory thumb of a Tribe that has become an Agency of the Federal Government.

Here’s how that Line of Authority connects the dots and becomes effective for each and every one of our Ministers:

• The Rosebud Native American Church (by Act of Congress)
• Oklevueha Native American Church of Utah (by Blessing of Chief Leslie Fool Bull – Head of the Rosebud NAC)
• Oklevueha Native American Church of Utah (by Blessing of Richard ‘He Who Has The Foundation’ Swallow – Chief of the Eagle Clan/ Lakota, Head of the Rosebud and Wounded Knee Native American Churches)
• Oklevueha / Sioux Nation Allied Native American Church (by Blessing of Richard ‘He Who Has The Foundation’ Swallow and James W. F. E. Mooney – Founders of the Oklevueha/Sioux NAC)
• Oklevueha Native American Church of Sanpete (Sanhempet) (by Blessing and Affidavit of James W. F. E. Mooney – Co-Founder and CEO of the Oklevueha / Sioux Allied NAC).
• Phillip R. ‘Cloudpiler’ Landis (descendent of Sanhempet) certified as President and CEO of the Oklevueha Native American Church of Sanpete by James W. F. E. Mooney, “for as long as he walks Mother Earth.”
• Nemenhah Band and Native American Traditional Organization accepted as synonymous with Oklevueha Native American Church of Sanpete (by amendment to the Constitution of the Band)

Federal Law dictates that a ‘Native American Practitioner’ or ‘Traditional Spiritual Leader’ must be either an enrolled member of a Federally Recognized Tribe or Band, or he/she must be recognized as such by Tribes, Bands, or other Native American Traditional Organizations. Therefore, every member of the Nemenhah enjoys recognition, not as Tribal Medicine People, such as Lakota or Yankton or Mandan, to name few, but rather, as Nemenhah Medicine Men or Women and Ministers of the Oklevueha Native American Church of Nemenhah.

The Line of Authority cited above does not rely upon the changing political factions within the Tribes, but rather, upon recognition that, once given, cannot be taken away because of the nature of Native American Religion.

This is the pivotal message that the United States Supreme Court delivered in Gonzales vs O Centro de Espirto Vegetal – that blood quanta and Tribal enrollment are incidental if the organization is recognized by Tribes, Bands, or Traditional Organizations. It is the same message that the Supreme Court of the State of Utah delivered in Utah vs James W. Mooney, et. al. This is the message that the United States Department of Land Management delivered when 800 acres of the Siskyou Wilderness was given to the Maca Oyate Sundance Society of the Nemenhah (essentially giving Federal recognition to a Lodge of the Band).

The Nemenhah and its members do not claim to have authority to minister in Lakota ceremony. People who are interested in the Lakota Sacred Way must seek guidance from the Lakota and the Nemenhah respectfully recommends you to Chief Richard Swallow for tutelage in that honorable path. We do, however, honor and thank Chief Swallow and James Mooney for their prayerful and insightful recognition of our sacred and healing path. Surely, they will always be remembered as the restorers of the Sacred in Healing.

Fool Bull Blessing | Richard Swallow Blessing | James W. F.E. Mooney Blessing