WHAT IS THE ORIGINAL INTENT OF THE CONGRESS WITH PL 130-454 NOV 2 1994

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**It is now time to ask some important questions concerning Original Intent. The language is specific and holds specific meanings in relation to Indian Law.**

Congress in using its Plenary Powers sets forth in SEC 103 FINDINGS –
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TITLE I

(2) ancillary to that authority, the United States has a trust responsibility to recognized Indian tribes, maintains a government-to-government relationship with those tribes, and recognizes the sovereignty of those tribes;
(COMMENTARY) – ancillary to the Plenary Powers of Congress, the United States has a trust responsibility to recognized Indian tribes. The Original Intent of the text is expressly clear, the United States has a trust responsibility to recognized Indian Tribes. It cannot be clearer than that. The Chickamauga Nation is Federally Recognized: It holds 17 treaties with Statute and Code with the United States. Holding a treaty with the United States is the Gold Standard for Federal Recognition, so why has it taken the United States, 246 years to acknowledge the obvious, The Chickamauga Nation is Federally Recognized.

(3) Indian tribes presently may be recognized by Act of Congress; by the administrative procedures set forth in part 83 of the Code of Federal Regulation denominated “Procedures for Establishing that an American Indian Group Exists as an Indian Tribe;” or by a decision of a United States court;
(COMMENTARY) – The word presently is vital to this FINDING. This is not for previously Federally Recognized tribes; it is specifically and exclusively for tribes seeking recognition from the United States. The Original Intent of this FINDING is that this process is solely for tribes not recognized by the United States in the past.

(6) the Secretary of the Interior is charged with the responsibility of keeping a list of all federally recognized tribes;
(COMMENTARY) –It is quite evident that the Original Intent of the Congress in exercising its Plenary Powers is for the Secretary of the Interior to keep a list of all federally recognized tribes.

(7) the list published by the Secretary should be accurate, regularly updated, and regularly published, since it is used by the various departments and agencies of the United States to determine the eligibility of certain groups to receive services from the United States; and
(COMMENTARY) - The Original Intent of this FINDING is that the Secretary must keep an accurate list of all federally recognized tribes. The Original Intent of Congress is for this list to be accurate because a federally recognized tribe which does not appear on the list is not eligible to receive all of the benefits and services guaranteed to it in treaties. The Chickamauga Nation, in not being placed on the List, is being discriminated against and must be interpreted as an intentional continuation of hostilities from the United States as well as a continuation of the ethnic cleansing committed against the citizens of The Chickamauga Nation.

(8) the list of federally recognized tribes which the Secretary published should reflect all of the federally recognized Indian tribes in the United States which are eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(COMMENTARY) – The Original Intent of the Congress of the United States is expressly clear in this FINDING. The List the Secretary publishes should or must reflect all of the federally recognized Indian tribes in the United States. The Original Intent is understood that an inaccurate list is discriminatory against the citizens of the tribes which are not on the List. The Plenary Power of the Congress is usurped by the Secretary if the Secretary fails to keep an accurate list.

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First, the question that must be posed is: Has the Secretary of Interior usurped the Plenary Power of Congress, in essence castrating the Congress of its Plenary Power, by failing to place The Chickamauga Nation on the List since it has held 17 treaties with the United States since 1785?

Second, has the Congress of the United States delegated it Plenary Power to the Secretary of the Department of Interior, the Department of Indian Affairs, the Bureau of Indian Affairs, and of Office of Federal Acknowledgement in-so-much, as no longer retaining its authority over the process?

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Congress in using its Plenary Powers sets forth in SEC 202 –

TITLE II

(1) the United States has acknowledged the Central Council of Tlingit and Haida Indian Tribes of Alaska pursuant to the Act of June 19, 1935 (49 Stat. 388, as amended, commonly referred to as the ``Jurisdiction Act''), as a federally recognized Indian tribe;

‍(COMMENTARY) - The Jurisdiction Act of the 1935 Indian Reoganization Act is in reference to the Definition of Indian as used in the Act. The Definition states: "SEC. 19. ø25 U.S.C. 5129¿ The term ‘‘Indian’’ as used in this Act shall include all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction, and all persons who are descendants of such members who were, on June 1, 1934,

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(2) on October 21, 1993, the Secretary of the Interior published a list of federally recognized Indian tribes pursuant to part 83 of title 25 of the Code of Federal Regulations which omitted the Central Council of Tlingit and Haida Indian Tribes of Alaska;

(COMMENTARY) - on October 21, 1993, the Secretary of the Interior published a list of federally recognized Indian tribes pursuant to part 83 of title 25 of the Code of Federal Regulations which omitted The Chickamauga Nation who has been under the Jurisdiction of the United States through Treaty since 1785,

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(3) the Secretary does not have the authority to terminate the federally recognized status of an Indian tribe as determined by Congress;

(COMMENTARY) - Congress has never been Terminated the federally recognized status of The Chickamauga Nation and the Secretary of Interior dows not have that authority.

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(4) the Secretary may not administratively diminish the privileges and immunities of federally recognized Indian tribes without the consent of Congress; and

(COMMENTARY) - By failing to place The Chickamauga Nation on the List, the Secretary has administratively diminished the privileges and immunities of The Chickamauga Nation without the consent of Congress.

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(C) This document was produced at the request of the Senate Committee on Indian Affairs on July 18, 2019, to document the History, Anthropology, Culture, Religion, and Archaeology of The Chickamauga Nation.

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