Senate Committee on Indian Affairs: Thank You
Senate Committee on Indian Affairs, we wish to thank you for all you have contributed to this wealth of knowledge and information as we searched for the incidents of genocide and ethnic cleansing of our people in the past and in the present.
This section is the most troubling for The Chickamauga Nation. Why have tribes which have been Congressionally Terminated and never Re-Reognized by Congress been allowed to be placed on the List of Indian tribes or groups which are federally recognized and eligible for funding and services from the Bureau of Indian Affairs (BIA) when The Chickamauga Nation, which has never been terminated is not on the List?
Another Federal Recognition of The Chickamauga Nation in the Wheeler Howard Act of 1934
The Section 19 definition of Recognized Indian Tribe specifically states that The Chickamauga Nation is a Federally Recognized Tribe in accordance with Article 3 of 7 Statute 18, the Hopewell Treaty of 1785 which reads "The said Indians for themselves and their respective tribes and towns do acknowledge all the Cherokees to be under the protection of the United States of America, and of no other sovereign whosoever." The Chickamauga spoke the Cherokee Trade language and so we were added into the term, "ALL THE CHEROKEES," because of our linguistics, not our ethnicity or race. Just like there are Shawnee signers and Creek signers who spoke the trade language as well.
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, residing within the present boundaries of any Indian reservation, and shall further include all other persons of one-half or more Indian blood. For the purposes of this Act, Eskimos and other aboriginal peoples of Alaska shall be considered Indians. The term ‘‘tribe’’ wherever used in this Act shall be construed to refer to any Indian tribe, organized band, pueblo, or the Indians residing on one reservation. The words ‘‘adult Indians’’ wherever used in this Act shall be construed to refer to Indians who have attained the age of twenty-one years.
Indian Reorganization Act.
The cherokees make claims that they have been re-recognized by the United States government. There is NO legislation from the Congress of the United States to back up their claims. Section 17 is why a Freedom of Information Act document provided by the BIA states, "There were not responsive documents, in any form, relating to the Nation's application for federal recognition or their charter" in response to the question requesting all documents of the Cherokee Nation of Oklahoma's application for federal acknowledgement and their charter.
SEC. 13. ø25 U.S.C. 5118¿ The provisions of this Act shall not apply to any of the Territories, colonies, or insular possessions of the United States, except that sections 9, 10, 11, 12, and 16, shall apply to the Territory of Alaska: Provided, That Sections 4, 7, 16, 17, and 18 of this Act shall not apply to the following-named Indian tribes, the members of such Indian tribes, together with members of other tribes affiliated with such named tribes located in the State of Oklahoma, as follows: Cheyenne, Arapaho, Apache, Comanche, Kiowa, Caddo, Delaware, Wichita, Osage, Kaw, Otoe, Tonkawa, Pawnee, Ponca, Shawnee, Ottawa, Quapaw, Seneca, Wyandotte, Iowa, Sac and Fox, Kickapoo, Pottawatomi, Cherokee, Chickasaw, Choctaw, Creek, and Seminole. Section 4 of this Act shall not apply to the Indians of the Klamath Reservation in Oregon.
Section 13 of this Act strictly FORBIDS the above named tribes from the benefits of Sections 2, 4, 7, 16, 17, and 18 of this ACT. Under no reasonable construct of legal interpretation can this Act even remotely be considered as an ACT re-recognizing the cherokee nation as a distinct political entity. The legislative arguments for this particular act is that these tribes in Oklahoma had already assimilated and there was no reason for them to slide backward into reservation living.
SEC. 2. ø25 U.S.C. 5102¿ The existing periods of trust placed upon any Indian lands and any restriction on alienation thereof are hereby extended and continued until otherwise directed by Congress.
SEC. 4. ø25 U.S.C. 5107¿ TRANSFER AND EXCHANGE OF RESTRICTED INDIAN LANDS AND SHARES OF INDIAN TRIBES AND CORPORATIONS.
Except as provided in this Act, no sale, devise, gift, exchange, or other transfer of restricted Indian lands or of shares in the assets of any Indian tribe or corporation organized under this Act shall be made or approved: Provided, That such lands or interests may, with the approval of the Secretary of the Interior, be sold, devised,
or otherwise transferred to the Indian tribe in which the lands or shares are located or from which the shares were derived, or to a successor corporation: Provided further, That, subject to section 8(b) of the American Indian Probate Reform Act of 2004 (Public Law 108–374; 25 U.S.C. 2201 note), lands and shares described in the preceding proviso shall descend or be devised to any member of an Indian tribe or corporation described in that proviso or to an heir or lineal descendant of such a member in accordance with the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.), including a tribal probate code approved, or regulations promulgated under, that Act: Provided further, That the Secretary of the Interior may authorize any voluntary exchanges of lands of equal value and the voluntary exchange of shares of equal value whenever such exchange, in the judgment of the Secretary, is expedient and beneficial for or compatible with the proper consolidation of Indian lands and for the benefit of cooperative organizations.
SEC. 7. ø25 U.S.C. 5110¿ The Secretary of the Interior is hereby authorized to proclaim new Indian reservations on lands acquired pursuant to any authority conferred by this Act, or to add such lands to existing reservations: Provided, That lands added to existing reservations shall be designated for the exclusive use of Indians entitled by enrollment or by tribal membership to residence at such reservations.
SEC. 16. 1 ø25 U.S.C. 5123¿ (a) Any Indian tribe shall have the right to organize for its common welfare, and may adopt an appropriate constitution and bylaws, and any amendments thereto, which shall become effective when—
(1) ratified by a majority vote of the adult members of the tribe or tribes at a special election authorized and called by the Secretary under such rules and regulations as the Secretary may prescribe; and
(2) approved by the Secretary pursuant to subsection (d) of this section.
(b) Any constitution or bylaws ratified and approved by the Secretary shall be revocable by an election open to the same voters and conducted in the same manner as provided in subsection (a) for the adoption of a constitution or bylaws.
(c)(1) The Secretary shall call and hold an election as required by subsection (a)—
(A) within one hundred and eighty days after the receipt of a tribal request for an election to ratify a proposed constitution and bylaws, or to revoke such constitution and bylaws; or
(B) within ninety days after receipt of a tribal request for election to ratify an amendment to the constitution and bylaws.
(2) During the time periods established by paragraph (1), the Secretary shall—
(A) provide such technical advice and assistance as may be requested by the tribe or as the Secretary determines may be
needed; and
(B) review the final draft of the constitution and bylaws, or amendments thereto to determine if any provision therein is contrary to applicable laws.
(3) After the review provided in paragraph (2) and at least thirty days prior to the calling of the election, the Secretary shall notify the tribe, in writing, whether and in what manner the Secretary has found the proposed constitution and bylaws or amendments thereto to be contrary to applicable laws.
(d)(1) If an election called under subsection (a) results in the adoption by the tribe of the proposed constitution and bylaws or amendments thereto, the Secretary shall approve the constitution and bylaws or amendments thereto within forty-five days after the election unless the Secretary finds that the proposed constitution and bylaws or any amendments are contrary to applicable laws.
(2) If the Secretary does not approve or disapprove the constitution and bylaws or amendments within the forty-five days, the Secretary’s approval shall be considered as given. Actions to enforce the provisions of this section may be brought in the appropriate Federal district court.
(e) In addition to all powers vested in any Indian tribe or tribal council by existing law, the constitution adopted by said tribe shall also vest in such tribe or its tribal council the following rights and powers: To employ legal counsel; to prevent the sale, disposition, lease, or encumbrance of tribal lands, interests in lands, or other tribal assets without the consent of the tribe; and to negotiate with the Federal, State, and local governments. The Secretary shall advise such tribe or its tribal council of all appropriation estimates or Federal projects for the benefit of the tribe prior to the submission of such estimates to the Office of Management and Budget and the Congress.
(f) PRIVILEGES AND IMMUNITIES OF INDIAN TRIBES; PROHIBITION ON NEW REGULATIONS.—Departments or agencies of the United States shall not promulgate any regulation or make any decision or determination pursuant to the Act of June 18, 1934 1 (25 U.S.C. 461 et seq., 48 Stat. 984) as amended, or any other Act of Congress,
with respect to a federally recognized Indian tribe that classifies, enhances, or diminishes the privileges and immunities available to the Indian tribe relative to other federally recognized tribes by virtue of their status as Indian tribes.
(g) PRIVILEGES AND IMMUNITIES OF INDIAN TRIBES; EXISTING REGULATIONS.—Any regulation or administrative decision or determination of a department or agency of the United States that is in existence or effect on the date of enactment of this Act and that classifies, enhances, or diminishes the privileges and immunities
available to a federally recognized Indian tribe relative to the privileges and immunities available to other federally recognized tribes by virtue of their status as Indian tribes shall have no force or effect.
(h) TRIBAL SOVEREIGNTY.—Notwithstanding any other provision of this Act—
(1) each Indian tribe shall retain inherent sovereign power to adopt governing documents under procedures other than those specified in this section; and
(2) nothing in this Act invalidates any constitution or othe governing document adopted by an Indian tribe after June 18, 1934, in accordance with the authority described in paragraph (1).
SEC. 17. ø25 U.S.C. 5124¿ The Secretary of the Interior may, upon petition by any tribe, issue a charter of incorporation to such tribe: Provided, That such charter shall not become operative until ratified by the governing body of such tribe. Such charter may convey to the incorporated tribe the power to purchase, take by gift, or bequest, or otherwise, own, hold, manage, operate, and dispose of property of every description, real and personal, including the power to purchase restricted Indian lands and to issue in exchange therefor interests in corporate property, and such further powers as may be incidental to the conduct of corporate business, not inconsistent with law, but no authority shall be granted to sell, mortgage, or lease for a period exceeding twenty-five years any trust or restricted lands included in the limits of the reservation. Any charter so issued shall not be revoked or surrendered except by Act of Congress.
SEC. 18. ø25 U.S.C. 5125¿ This Act shall not apply to any reservation
wherein a majority of the adult Indians, voting at a special
election duly called by the Secretary of the Interior, shall vote
against its application. It shall be the duty of the Secretary of the
Interior, within one year after the passage and approval of this Act,
to call such an election, which election shall be held by secret ballot
upon thirty days’ notice.
