The Haudenosaunee Confederacy, also known as the Iroquois Confederacy, was formed when the Peacemaker brought the Great Law of Peace to the warring nations.  At the founding, the Haudenosaunee Confederacy was composed of five nations: The Mohawk, Oneida, Onondaga, Cayuga, and Seneca.  Around 1714, the Tuscarora joined the Confederacy making it six nations strong.  Sometimes the Haudenosaunee are also referred to as the Six Nations Iroquois.

 Each nation within the Confederacy has a fire or capital.  The Mohawk Nation Council of Chiefs (MNCC) is the traditional government of the Mohawk people.  The Haudenosaunee Confederacy recognizes and sanctions the Mohawk Nation Council of Chiefs as the official government of the Mohawk or Kahniakahake (People of the Flint).   The fire or capital of the Mohawk Nation rests at Ahkwesahsne (also known as the St. Regis Indian Reservation). 

 The Mohawk Nation Council of Chiefs file these comments in response to FDA’s notice requesting comments concerning the Registration of Food Facilities Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002.

COMMENTS

The Mohawk Nation Council of Chiefs contends that the FDA’s newly promulgated rule, Docket Number: 2002N-0276:  Registration of Food Facilities Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, should not apply to Ahkwesahsne (St. Regis Indian Reservation) or facilities within Ahkwesahsne based on the following reasons:  1.) Ahkwesahsne is a sovereign territory of the Mohawk Nation; and, 2.) The newly promulgated rule violates Haudenosaunee treaty rights.

 Ahkwesahsne is geographically unique, for it straddles the St. Lawrence River and is bordered by the provinces of Ontario and Quebec, Canada, and New York State.   The Ahkwesahsne Mohawks have inhabited and governed this area since time immemorial.  Today Ahkwesahsne has three government councils: The Mohawk Nation Council of Chiefs, the Mohawk Council of Ahkwesahsne, and the St. Regis Mohawk Tribe.  The MNCC are the hereditary chiefs.  The newly proposed FDA rule is viewed by the MNCC as an affront to the nation’s sovereignty, for it imposes another nation’s requirements within the territory of the Mohawk Nation.   Such an imposition within the Mohawk Nation is a violation of treaty rights and obligations owed to the Ahkwesahsne Mohawks.

Haudenosaunee Treaty protocol requires that prior to entering into treaties and agreements the teachings of the Two Row Wampum be discussed and agreed upon.  The Two Row Wampum is a 16^th century treaty belt originally created to record an agreement between the Dutch and the Haudenosaunee.  The belt consists of two rows of purple wampum separated by three white rows. The three white rows between the two vessels symbolize respect, Good Mind, and Peace and they help to keep the vessels connected.  The two purple rows symbolize two distinct people traveling a river together, parallel to each other.  One row symbolizes the Onkwehonweh people (The Original People) and his customs, religion, language, laws and culture traveling down the river of life in a canoe.  The other row symbolizes the Europeans and their customs, religion, language, laws and culture traveling down the river of life in his ship with sails.  The two agreed never to impede the path of the other vessel or try to sway it in another direction, or to make a law that would govern the other party or try to dictate rules to the other party.    As one can plainly see, the newly promulgated rule would violate the teachings of the Two Row Wampum by dictating rules within the territory of the Ahkwesahsne Mohawks.

In addition, the newly promulgated rule violates Article 3 and 4 of the Jay Treaty Nov. 19, 1794, in that it impedes upon the Ahkwesahsne Mohawks right to “freely pass and repass by Land, or Inland Navigation, into the respective Territories and Countries of the Two Parties on the Continent of America (the Country within the Limits of the Hudson's Bay Company only excepted) and to navigate all the Lakes, Rivers, and waters thereof, and freely to carry on trade and commerce with each other.”   As one can plainly see, the newly promulgated rule would violate the teachings of the Two Row Wampum, the Jay Treaty, and other Treaty rights, for it is an attempt by the United States to impede free passage and dictate rules within the territory of the Ahkwesahsne Mohawks.

 RECOMMENDATION

 The Mohawk Nation Council of Chiefs contends that the newly promulgated FDA rule is not applicable to Ahkwesahsne.   The MNCC recommends that the FDA not require Ahkwesahsne or facilities located within Ahkwesahsne to comply with the newly promulgated rule for the aforementioned reasons.  The MNCC requests that Ahkwesahsne and facilities located within Ahkwesahsne be issued an exemption from the FDA rule.

Respectfully Submitted,

 Donna Cole

Administrator

December 23, 2003

Mohawk Nation Council of Chiefs

P.O. Box 366
Rooseveltown, New York 13683
Phone: 518-358-3381
e-mail: donnac@westelcom.com

Mohawk Nation Council of Chiefs 2004©