WHAT IS THE ORIGINAL INTENT OF THE CONGRESS WITH PL 130-454 NOV 2 1994
Public Law 103-454 Nov 2 1994
103rd Congress
An Act
To provide for the annual publication of a list of federally recognized Indian tribes, and for other purposes.
Be it enacted by the Senate and House of Representative of the United States of America in Congress assembled,
TITLE I – WITHDRAWAL OF ACKNOWLEDGEMENT OR RECOGNITION
SEC. 101. SHORT TITLE.
This title may be cited as the “Federally Recognized Indian Tribe List Act of 1994”.
SEC. 102. DEFINITIONS.
For the purposes of this title:
(1) The term “Secretary” means the Secretary of the Interior.
(2) The term “Indian tribe” means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian tribe.
(3) The term “list” means the list of recognized tribes published by the Secretary pursuant to section 104 of this title.
SEC. 103. FINDINGS.
Congress finds that –
(1) The Constitution, as Interpreted by Federal case law, invests Congress with plenary authority over Indian Affairs;
(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;
(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;
(4) a tribe which has been recognized in one of these manners may not be terminated except by an Act of Congress;
(5) Congress has expressly repudiated the policy of terminating recognized Indian tribes, and has actively sought to restore recognition to tribes that previously have been terminated;
(6) the Secretary of the Interior is charged with the responsibility of keeping 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
(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.
SEC. 104 PUBLICATION OF LIST OF RECOGNIZED TRIBES.
(a) PUBLICATION OF THE LIST. – The Secretary shall publish in the Federal Registry a list of all Indian tribes which the Secretary recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(b) FREQUENCY OF PUBLICATION. – The list shall be published within 60 days of enactment of this Act, and annually on or before every January 30 thereafter.
TITLE II – CENTRAL COUNCIL OF TLINGIT AND HAIDA INDIAN TRIBES OF ALASKA
TITLE III – PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA
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 –
(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.