+-----------------------------------+-----------------------------------+
| **DOCKET NUMBER: 2002N-0276**     | **COMMENTS OF**                   |
|                                   |                                   |
| ***Registration of Food           | **THE MOHAWK NATION COUNCIL OF    |
| Facilities Under the Public       | CHIEFS**                          |
| Health Security and Bioterrorism  |                                   |
| Preparedness and Response Act of  |                                   |
| 2002***                           |                                   |
+-----------------------------------+-----------------------------------+

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