Disclaimer
Eastern Cherokee, Southern Iroquois and United Tribes of SC

cherokee

OUR RESPONSE -

The non-historically based rhetoric of the Cherokee Nation of Oklahoma (CNO) which continually attacks the remnant descendants of documented "Cherokee people by blood" that remained east of the Mississippi, is not our concern! What is our concern is that our tribal members and all Native American Indians in South Carolina receive a self-determined quality of life that is non-discriminatory. ECSIUT intends to secure basic rights for all Cherokee descendants: including the right to travel; religious freedoms; protection from double jeopardy or ex post facto laws; equal education rights; treaty rights; fishing and hunting rights; arts and craft rights; child welfare rights, equal protection under the law and due process for all Native American Indian people in the state of South Carolina and certainly for the affiliated members.The Eastern Cherokee, Southern Iroquois & United Tribes of South Carolina are committed to that goal.

Our authentic organic documents, that we maintain, ensure accurate descendants of Cherokee and Native American Indian progenitors of our membership. None of our (ECSIUT) members "claim" to be citizens of Cherokee Nation of Oklahoma and are not seeking voting rights or privileges afforded to the CNO members.

The Eastern Cherokee, Southern Iroquois & United Tribes of South Carolina aka Cherokee Indian Tribe of SC (Cherokees of SC) have the privilege of securing benefits, rights, and powers provided by laws which are administered by the State of South Carolina and the United States for Native American Indian people. The Cherokee Nation of Oklahoma is not in a legal or official position to judge our level of capabilities. This will be performed by qualified government programs and contracting officials from both State of South Carolina and Federal agencies that offer services to "State Recognized" entities.

The Eastern Cherokee, Southern Iroquois & United Tribes of South Carolina have close social, family, genealogical, historical and economic connections to the "federally recognized" Eastern Band Cherokee Indians (EBCI) at the Qualla Boundary federal reservation. We have also an official acknowledgement/ endorsement by EBCI, to work together for the betterment of Cherokee people, history, culture, heritage tourism and historic preservation of the territory that was once the "Lower Villages." Eastern Cherokee, Southern Iroquois & United Tribes of SC, aka “Cherokee Indian Tribe of South Carolina, Inc.-ECSIUT” is “State Recognized” under the SC Code Section 1-31-40 (A) (7)(10), Statutory Authority Chapter 139 (100-111). ECSIUT is a 501(c) (3) Tax-exempt Charitable tribal organization.

The Eastern Cherokee, Southern Iroquois & United Tribes of South Carolina in order to promote our common welfare and to secure to ourselves and our posterity the rights, powers, and privileges authorized and offered by both State of South Carolina and Federal agencies that serve "State Recognized" entities and individuals. The Eastern Cherokee, Southern Iroquois & United Tribes of South Carolina strives to provide services to enhance the quality of the lives of tribal members and all Native American Indian people in South Carolina economically, culturally and socially.

The Eastern Cherokee, Southern Iroquois & United Tribes of South Carolina has the power to“negotiate with the Federal, State, or local governments and to advise or consult with the representatives of SC General Assembly,The Governor and all federal agencies, on all activities that may affect our members as citizens of South Carolina, the USA and Native American Indian people.

The Eastern Cherokee, Southern Iroquois & United Tribes of South Carolina has the constitutional authority to negotiate with both the state and federal government and enter into binding contracts regarding matters routinely dealt with by Tribal governments, tribal organizations and groups that serve Native American Indian people. This is beyond question among people of good faith.

The Eastern Cherokee, Southern Iroquois & United Tribes of South Carolina is committed to protecting our tribal members' rights.

Although, "State Recognized" tribes and groups throughout the United States have not yet managed to secure the federal government’s confirmation of their sovereign status. Our ongoing presence as bona fide tribes and groups of Native American Indian people is acknowledged by the states in which we reside. Therefore, these tribes receive some benefits from the United States’ federalist system, which empowers states to recognize these Indian tribes on their own to establish mutually beneficial political relationships. to facilitate communication between state and tribal governments or indigenous people of their state, and to better the condition of tribal members and surrounding communities. State recognition can also provide tribes with limited state and federal benefits, and clarify which tribes are exempt from the purview of state legislation that explicitly excludes “Indians.” Consequently, several tribes and groups in South Carolina have gained "state recognition" and in many states within their respective borders.


FEDERAL LAWS which include "State Recognized" Tribal Entities

Indian Arts and Crafts Act, 25 U.S.C. § 305e (d), noted above, introduced the term “state recognized tribe” into federal law.

The Indian Health Care Act, 25 U.S.C. §1601 et. seq. also benefits members of state recognized tribes by awarding scholarships in health care fields: § 1603 (c) "Indians" or "Indian", unless otherwise designated, means any person who is a member of an Indian tribe, as defined in subsection (d) of this section, except that, for the purpose of sections 1612 and 1613 of this title, such terms shall mean any individual who (1), irrespective of whether he or she lives on or near a reservation, is a member of a tribe, band, or other organized group of Indians, including those tribes, bands, or groups terminated since 1940 and those recognized now or in the future by the State in which they reside, or who is a descendant, in the first or second degree, of any such member, or (2) is an Eskimo or Aleut or other Alaska Native, or (3) is considered by the Secretary of the Interior to be an Indian for any purpose, or (4) is determined to be an Indian under regulations promulgated by the Secretary.

The Reconciliation Act of 1981," PL 97-35, August 13, 1981, introduced eligibility for community service block grants to state recognized tribes and tribal organizations. Section 674(c)(5) states:

"The terms "Indian tribe" and "tribal organization" mean those tribes, bands, or other organized groups of Indians recognized in the State in which they reside or considered by the Secretary of the Interior to be an Indian tribe or an Indian organization for any purpose."

As stated in the Federal law 45 C.F.R. § 96.44 (b) states: "The terms "Indian tribe" and "tribal organization" as used in the Reconciliation Act have the same meaning given such terms in section 4(b) and 4(c) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). The terms also include organized groups of Indians that the State in which they reside has determined are Indian tribes. An organized group of Indians is eligible for direct funding based on State recognition if the State has expressly determined that the group is an Indian tribe. In addition, the statement of the State's chief executive officer verifying that a tribe is recognized by that State will also be sufficient to verify State recognition for the purpose of direct funding."

Administration for Native Americans under the Community Services Block Grant Act, 42 U.S.C. § 9801 et.seq. Section 674 of the act defines tribes as: "(5) The terms "Indian tribe" and "tribal organization" mean those tribes, bands, or other organized groups of Indians recognized in the State in which they reside or considered by the Secretary of the Interior to be an Indian tribe or an Indian organization for any purpose."

The terms "Indian tribe" and "tribal organization" as used in the Reconciliation Act have the same meaning given such terms in section 4(b) and 4(c) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). The terms also include organized groups of Indians that the State in which they reside has determined are Indian tribes. An organized group of Indians is eligible for direct funding based on State recognition if the State has expressly determined that the group is an Indian tribe.