

Press Releases
Doctrine of Aboriginal Title applies to the Native Inhabitants of Guam
The right of Aboriginal Title belongs only totribes and tribal members-reference to:
Gov Guam v. U.S. No. 99-818
On August 1, 1950 U.S. Congress enacted the Organic Act of Guam. The Organic Act of Guam is United States Code Federal Law 48 Section 8A. The Organic Act of Guam changed the political status of Chamorros, removing our status as U.S. Nationals and creating a new unconstitutional status of second-class citizenship because Chamorros were not involved with the creation or approval process of the Organic Act, this further violated the Charter of the United Nations as well as the Constitution of the United States of America.On August 1, 1975, The Helsinki Accord was agreed between UnitedStates and European Nations wherein as part of the agreement the United States Government in treaty with European Nations agreed to allow and promote Self Governance to Native American Tribes and Native Inhabitants in the territories under its control. Since 1976, Indian Tribes have had the right to appeal to the U.S. Commission or the Organization on Security and Cooperation in Europe to ensure U.S. compliance with the Helsinki Accord.
In 1995, the United States Congress exercised it's authority overthe native inhabitants of Guam and it's territories under it's control according to the Treaty of 1898 and amended Title 25 of the United States Code to include Guam under the definitions of State thereby giving authority to the Secretary of the Department of Interior to recognize and register the native inhabitants of Guam as a Native American Tribe. (The following Chapters below currently apply to the Chamorro people of Guam)
TITLE 25 U.S.C. - Indians Ch. 43 Section 4103. Definitions(20) State - The term "State" means the States of the United States, District of Columbia, the Commonwealth of Puerto Rico, Commonwealth of the Northern Mariana Islands, Guam, the Islands, American Samoa, and any other territory or possession of the United States and Indian Tribes.
TITLE 25 U.S.C. - Indians Ch. 31 Section 2902. Definitions (4) The term "Native American Pacific Islander" means any descendant of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States.
On January 28, 2005, The Chamorro Tribe registered it's Articlesof Incorporation and By-Laws in the Territory of Guam under Charter#: D14918 and is currently pursuing Federal Registration as a Native American Tribe.
On September 2008, Senators J.P. Guthertz, B.J. Cruz and R.J.R.Respicio introduced Resolution No. 191, Relative to urging Congressional Delegate Madeline Z. Bordallo (D-Guam) to request from the United States Congress full acknowledgment of the Chamorro people of Guam as Native Americansand full inclusion under 25 U.S.C. Chapter 1, § 83.3 Registration Requirements of Indian Tribes-Definitions.
The following are definitions pertaining to the Chamorro people of Guam: 3 GCA Elections Ch. 20 The Chamorro Registry § 20001. Definitions. For the Purpose of this Title: (a) Chamorro shall mean: (1) all inhabitants of the Island of Guam on April 11, 1899, including those temporarily absent from the Island on that date and who were Spanish subjects; and (2) all persons born on the Island of Guam prior to 1800, and their descendants, who resided on Guam on April 11, 1899, including those temporarily absent from the Island on that date, and their descendants.
CONTACT INFO
Chamorro Tribe
Greg Schacher, Tribal Vice Chairman
P.O. Box 24753, Guam Main Facility
Barrigada, Guam 96921
Chamorro Lands Need to be Protected
The purpose of this Press Release is to inform the Chamorro Land Trust (CLTC) Recipients and the General Public of the pending business of the CLTC.
According to the Vice Chairman of the Chamorro Tribe, Greg Schacher, quote "The following Commission Members were present: Oscar A. Calvo-Acting Chairman, David J. Matanane Commissioner, Pauline Gumataotao Commissioner, Carmen G. Terlaje Commissioner and Joseph M. Borja-Administrative Director.
The purpose of the CLTC Meeting was to follow up on their pending business as follows:
01. Farmer's Cooperative Association of Guam
- Request for commercial use by a non-profit, Dededo;
02. TG Engineers, PC
- (I) Survey proposal for a portion of Lot 7151-R19, Vigo (II) Survey proposal for Lot 5402-R5NEW, Mangilao;
03. Guam Rugby Club
- Request for extension of license, Dededo;
04. Francisco A. Rivera
- Request for access across CLTC property, lnarajan;
05. Guam Outdoor Shooting Range
- Request for commercial use, Mangilao;
06. Josephine Duenas
-Request to purchase Lot 3279-Rl, Ordot-Chalan Pago;
07. EC Development
- Request to purchase portions of Old De La Corte Street, Hagatna;
08. GovGuam Association of Retired Persons, Inc.
- Request to use Lot 85-2,Agana by a non-profit for additional facilities;
09. Tomas Megofna Fejeran
- Request to use CLTC property for re-interment ofAncestral remains;
10. JR'S & Xiong's Corporation
- Request for partial relocation of commercial use on Lot 5219-1, Barrigada and
- Request for a license on a portion of Lot 10122-15, Dededo;
11. E. C. Development
- Request to purchase semi-submerged land, lnarajan;
12. Tata Communications, Ltd.
- Request for license to use submerged land, Agat;
13. Senator Ben Pangelinan
- Informational Audit into applicable taxes assessed on CLTC property;
14. Kenneth Koo Lee
- Request to lease 100 acres on Lot 8-R3, lnarajan for an agricultural venture;
15, Hoe Mo Kim
-Request for license on Lot 5219-1, Barrigada for a business operation;
16. Juan Palomo
-Request for access to Ypao Point for kiting practice, paragliding and/or paramotor flying;
17. Samson V. Tupas
- Request to license Lot 10148, Dededo for commercial agricultural use;
18. Vicente T. Perez
- Request for a land exchange, lnarajan;
19. Hawaiian Rock Products
- Request to license Lot 7146, Yigo to mass grade;
20. Ernest Quenga c/o Asia Pacific Realty, Cesar Quinitio
- Request for license on CLTC property suitable for quarry operations;
21. Green Guam
- Request for license on CLTC property to conduct recycling of green waste;
22. Rosario & Associates, Inc.
- Request for easement, Lot 5219-1, Barrigada;
23. Guam Racing Federation
- Informational (I) Facilities use agreement withKing Training Center;
24. J&G Inc.
- Request for a license on fast lands in Hagatna;
25. GuamCooperative Extension Service
- Informational (I) Memorandum of Agreement;
26. CalvoEnterprises, Inc.
- Request to license a portion of Lot 2098-2, Tamuning for ingress and egress, loading dock and accessory building;
27. Calvo Enterprises, Inc.
- Request to relocate bull cart trail on Lot 5378-West New, Mangilao;
28. Choice Phone, LLC
- Request to license 3 additional locations for tower sites;
29. Guam 3-0 Archery
- Request for license to utilize a minimum of 7 acres on Lot 10090-1, Dededo or Lot 7163, Yigo for archery course;
30. J&G Inc.
- Request to purchase Old De La Corte Street and Alley Lot in Agana;
31. George Torres
- Request for reconsideration of commercial request on Lot 7163, Yigo.
According to the Vice Chairman of the Chamorro Tribe, Greg Schacher, quote "the United States Code, Title 25 - Indians, Chapter 31, Section 2902 (4) states that the term "Native American Pacific Islander'' means any descendent of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States.
Section 2903 Declaration of Policy (6) states that it is the policy of the United States to fully recognize the inherent right of Indian tribes and other Native American governing bodies, States, territories, and possession of the Untied States to take action on, and give official status to, their Native American languages for the purpose of conducting their own business.
Section 1452 (e) states "Economic enterprise" means any Indian-owned (as defined by the Secretary of Interior) commercial, industrial, or business activity established or organized for the purpose of profit: Provided, that such Indian ownership shall constitute not less than 51 per centum of the enterprise.
The Chamorro Land Trust Commission is to disburse the lands to qualified Land Trust Recipients and there is nothing wrong with Chapter 75 of the Chamorro Land Trust Act except the way it's being managed and abused. This Administration and the CLTC is using the lands that is held "In Trust" for the ChamorroPeople for their own benefit.
The CLTCis proposing to amend Chapter 75, Title 21, Guam Code Annotated Relative to Authorizing the Chamorro Land Trust Commission to enter into Commercial Leases; to provide for the Rules and Regulations on Commercial Leases; and, to provide for the Paul Bordallo Rules and Regulations for the Chamorro Land Trust Commission to be subject to the Administration Adjudication Law.
This proposed Amendment is about covering their tracks and allowing them to reap the profits from the lands that they are holding "In Trust" (Federal Trust) for the Chamorro People where they benefit, and the people lose. That iswhy they are trying to implement this law so that they can cover their tracks by legalizing their current and prior business activities.
The Chamorro people are the lawful owners of these land trust lands and are to be protected for the future generations. The Chamorro Tribe's interest is to protect the lands that are held "in trust" by the CLTC for the Native Chamorro people and their descendants."
Non-Chamorro people and their enterprises belong in the private sector, not on sovereign indigenous lands unless the qualified Chamorro recipient benefit with no less than 51% controlling interest in the enterprise, therefore allowing Chamorros to become economically self-sustainable. I also think that the Director and all Commission Members should be Chamorro Land Trust Recipients (Residential, Agricultural and Commercial) and the Director should be hired to work for the Chamorro Land Trust Commission only and not any other Government of Guam agency and our local lawmakers should enforce the Federal Native Indian Laws (Title 25 of the U.S.C.) to protect our lands.
The Chamorro Land Trust Commission should be seeking Federal Grants under Title 25 for surveying, housing and business development for our land trust recipients not taking from them. I would like to thank Senator Rory Respicio and Senator Ben Pangelinan for taking the time out of their very busy schedule to attend the CLTC Meeting and for taking an interest in our Culture, Heritage and Race."
CHAMORRO TRIBE
Greg Schacher
Tribal Vice Chairman
P.O. Box24753,
Guam Main Facility
Barrigada, Guam 96921
Phone: (671) 632-3534
Cultural Genocide and Racism "The American Way"
Through authority granted by the United States Constitution, the Treaty of Paris, and the Treaty of San Francisco; the Congress of the United States of America has the power to determine the political status of this island and her native people.
In 1950 the Congressional Amendment to Title 48 of the United States Code (The Organic Act of Guam) changed our status from United States Nationals to Statutory Citizens of the United States, because Article 14, line 1 of the U.S. Constitution does not recognize Statutory Citizenship as a method of becoming a United States Citizen, we do not enjoy Constitutional rights or protection. We are granted privileges by Congress, which can be taken away from us by the will of the Congress.
In 1995, the United States Congress exercised its authority to determine our Political Status by designating us as - Native American Pacific Islanders, by doing so, the Congress established that the Native Inhabitants of this island should be afforded the same rights, protection, and privileges as American Indians, Alaska Natives, Native Hawaiians, and all other Native Americans.
In 1999 the Supreme Court of the United States of America upheld the decision of the Appellate Court in the case of the Government of Guam, Guam Economic Authority vs. The Unites States of America. In it's decision, the court ruled that the Government of Guam does not have the authority to represent the Aboriginal Rights of the native inhabitants of this island, those rights may only be represented by a Tribe or under special circumstances, a Tribal Member.
We are currently facing a very important event concerning our island and the existence of our culture as well as our race. That is of course the planned military build-up. The relocation of 78,000 non-Chamorroto our island withouttheinstitution and enforcement of laws protecting our lands, our water, our culture, and our inherent right to exist, as a race would result in the genocide of our culture and our race. Yet our Territorial Government leaders and the Department of Defense continue to ignore this fact. Although the Chamorro people have been designated as Native Americans, and those Federal Laws already in place, protect the rights of Native Americans, they choose to ignore those laws as well as our inherent rights, while they are busy playing the "who gets what game".
Even more appalling than this situation is the fact that the Department of Interior, who has been assigned Administrative Authority over our island, as well as the responsibility to protect Native Americans, also ignores those laws, our designated status and our inherent aboriginal rights.
A classic example of this is the Draft E.I.S., where in all of the listed concerns which directly involves those aboriginal and inherent rights are to be mitigated with the Government of Guam, not the Native Inhabitants or the Tribe, as ruled by the Supreme Court.
By continuing to ignore our status as Native Americans and continuing to deny us the same rights, protections, and privileges as all other Native Americans, the Departments of Interior and Defense are racially discriminating against the Chamorro people of Guam and promoting the cultural and racial genocide of our people, all with the full support of the Territorial Government of Guam.
It's time for all Chamorro people to pay attention and stand up for our rights. If we don't fight now, our children won't have a future.
CONTACT INFO
ChamorroTribe
Greg Schacher
Tribal Vice Chairman
P.O. Box24753, Guam Main Facility
Barrigada,Guam 96921
Chamorro Tribe Chairman Responds to the
Draft EIS/U.S. MilitaryBuildup on Guam
For the past couple of months, I have been carefully studying the draft E.I.S. I must say that it is exceptionally alarming both in intent as well as the total lack of any acknowledgement, or reference to the aboriginal and inherent rights of the Chamorro People, most especially since it is our island, our ancestral remains, our sacred artifacts, our waters, our culture, and our right to exist as a race that would be destroyed by these intended actions.
Once again, your actions prove the deceit within your words and the total disregard of everything outside the parameters of your desires, to include your own laws.
When I was a young man, like most of my peers and our elders, I believed in the inherent good of the United States. I believed that truth, justice, and equality were the American way". I believed that America was a country founded upon and bound to the principles of The Constitution of the United States of America. I believed America's morality and integrity were above reproach.
These beliefs were what led me, and so many of my people to serve such a great nation through her armed services, proud to be Americans.
Shame on us for being so trusting and na"ive.
We now live in the 21st century, the age of information, where the truth has been revealed. We have educated ourselves and are now armed with the knowledge of your true nature. That of a Usurper and destroyer of the weak, the innocent, and the ignorant. We are a living testimony to the continuing saga of your hypocrisy.
For those of you who are not so knowledgeable of the immoral and inhumane acts committed against my people, allow me to educate you:
• As a colony of the United States, prior to the Japanese invasion, ll military and civilian dependents, and all civilian contractors were evacuated from Guam in anticipation of the Japanese invasion. The Chamorro people were left to the mercy of the Japanese with just a token force of U.S. Navy personnel to surrender the Island;
• On December 8, 1941, Guam was surrendered to the Japanese. No words could ever fully describe the inhuman atrocities committed by the Japanese upon the Chamorros who had been abandoned;
• The naval and aerial bombardment carpeting Guam for 21 days and nights by the United States preceding the reoccupation of Guam more than two-and-a-half years later killed more Chamorros than the Japanese did and caused total, irreversible ecological destruction of our tropical rain forests;
• The United States forgave the nation of Japan for the atrocities committed against the Chamorro people, without consideration of the Chamorro people or their land;
• The Non-Self Governing Territory of Guam became a Trust Territory of the United States of America under Chapter XI of the Charter of the United Nations;
• Chapters XII and XIII of the Charter of the United Nations provides for the establishment of an International Trusteeship System, the basic objectives of which, among others, are to promote the political, economic, social and educational advancement of the inhabitants of Trust Territories and to promote their progressive development towards self-government or independence;
• Principle VI of United Nations General Assembly Resolution 1541 of 1960, states that a Non-Self Governing Territory can reach a full measure of self-government by: (a) emergence as a sovereign independent state; (b) free association with an independent state; or (c) integration with an independent state;
• The United States of America is a signatory of the Trusteeship agreement with the United Nations;
• On August 1st, 1950, the Guam Organic Act was approved by Congress, this Act was written by the Department of the Navy without any input, or approval from the Chamorro people of Guam;
• The Chamorro people do not enjoy full, equal rights, and protection as Constitutional Citizens of the United States, under the Organic Act of Guam;
• The Organic Act of Guam juxtaposed the military government of Guam with the Territorial Government of Guam and placed administrative authority of that government under the Secretary of Interior, thereby making it a branch of the Department of Interior;
• The Chamorro people of Guam have had over one third of their island unconstitutionally condemned by the United States
• In 1952 the United States of America was a signatory of the San Francisco Accord with the nation of Japan, which mandated the protection of the inherent and aboriginal rights of the native inhabitants of Guam;
• Chapter VIII "Equal Rights and Self Determination of Peoples" of the Conference on Security and Cooperation in Europe's "Helsinki Accord," delineates that participating states will respect the equal rights of peoples and their right to self-determination, acting atall times in conformity with the purposes and principles of the Charter of the United Nations;
• The United States of America is a signatory of the "Helsinki Accord".
• The Chamorro people of Guam have been exposed to radiation fall-out from atomic bomb tests conducted by the United States;
• The Chamorro people of Guam where exposed to dichlorobiphenyl-trichloroethane (DDT) for over two decades by the United States;
• The United States military's use, storage, and disposal of hazardous materials, toxins, and contaminants within Guam without the free, prior and informed consent of the Chamorro people since World War II, including Agent Orange, Agent Purple, dioxins, heavy metals, and Polychlorinated Biphenyls (PCBs), continues to negatively affect Guam's people and land, and the effects of these hazardous materials, toxics, and contaminants within Guam remain undocumented, untreated, and unmitigated;
• The incidences of cancer in the Chamorro people of Guam are far out of proportion to the incidences in non-contaminated areas, and nasopharyngeal cancer incidences far outweigh all other cancer incidences in Guam;
• The combination of radiation exposure, chemical contamination, ecological destruction, and the uncontrolled introduction of invasive species of plants, insects, and people has destroyed the Chamorro People of Guam's ability to sustain themselves through traditional means;
• The formation of United States military installations and Federal preserves has restricted the rights of the Chamorro people from the harvesting of their natural resources;
• Restrictions were placed on studying and perpetuating the history, culture, and language of the Chamorro people by the United States until Congress' enactment of the Organic Act in 1950;
• Prior to 1962, a security clearance, requiring approval from the United States appointed Governor of Guam, was needed to travel to and from the island of Guam;
• Although Guam is an Unincorporated Territory, the United States has designated several National Parks on our island. National Parks are incorporated areas of the United States;
• In 1995 the Federal Register announced the change in the United States designation of the Chamorro people to Native American Pacific Islanders;
• Compacts of Free Association negotiated between the United States and the Federated States of Micronesia, the Republic of Palau, and the Republic of the Marshall Islands without Guam's participation or input have resulted in an overwhelming influx of immigrants to the island of Guam;
• A complete and independent study of the true impact that the Compacts of Free Association have had on Guam's society and economy has never been conducted, resulting in the Federal Government providing far less inCompact Impact funding than actually needed, in the form of grants which do not ency expenditures due to these compacts;
• 1999 Supreme Court ruling in Government of Guam/Guam Economic Development Authority vs. The United States of America, the court ruled the Government of Guam had no authority to represent the aboriginal rights of the native inhabitants of Guam, only a Tribe, or under special circumstances a tribal member has that authority;
• Although the United States surrendered ownership of Guam upon ratification of the Trusteeship agreement with the United Nations, President George W. Bush recently ordered the establishment of the Mariana1s Trench National Monument. Thereby incorporating into the United States waters belonging to the Chamorro people.
Now, the United States wants to conduct the largest military buildup outside of the United States here on our little island. Non-inclusive of the transient presence of any aircraft carrier or carrier strike group, it is your estimate that this would involve increasing the population of our island by an additional 79,178 non-Chamorro by 2014.
There is not one single reference within your E.I.S. on the SIGNIFICANT IMPACT this would have on the Chamorro people. Your reference to our race and culture within the section addressing the potential rise in crime shows that you are both aware of our existence and ignorant of the impact your current immigration policies have already had on our race. We have been a minority race on our island for over 20 years now. Within your E.I.S. you seem to have answered all of the questions that you have asked yourselves.
I don't believe you even attempted to answer the questions involving the issues we are concerned with, other than to defer mitigation to answer the questions involving the issues we are concerned with, other than to defer mitigation to the branch of the Department of Interior locally referred to as the Government of Guam.
When are you people going to stop treating us like your little Salt Water Niggers' and start conforming with your FEDERAL TRUST RESPONSIBILITIES????? We are not illiterate, we are not dumb, and we do have a fair grasp of the English language; far better than your grasp of our language. Just as we have a far broader knowledge of our island, our waters, and our ecology than your paid experts who developed this incomplete, inaccurate, overzealous, bureaucratic abortion you refer to as your Draft EIS/OEIS.
Let's begin with consideration of the destruction of the coral reefs adjacent to, or downhill from any proposed construction projects: Silt runoff generated from the construction, and existence of concrete and/or asphalt structures and substrates without the permanent emplacement of silt filters, or catchments would result in the destruction of the coral reefs. Have you considered the Federal Coral Reef Preservation Act? Or, are our reefs that provide the habitat for our traditional sources of protein (fish), similar to the Native American bison?
PotableWater: Contrary to what your experts have told you, anyone who has lived on our island during a drought year can tell you from experience that the Northern Aquifer does not contain an unlimited supply of fresh water. Besides that, you haven1t even had the decency to ask before assuming you can just take.
Land: Every Chamorro family I know who own land within your proposed areas are abjectly opposed to your use, rental, lease, purchase, or condemnation of their lands. Your Government has already stolen enough of our lands.
Terrestrial Biological Resources: You have already killed off the vast majority of indigenous species of terrestrial resources with your toxic pesticides. Your destruction of the remaining natural habitat would result in the completion of your previous attempts.
Marine Biological Resources: Your mitigation seems to be focused on replacement somewhere else with an artificial reef, or a watershed management system. This is not your neighbors tool shed your talking about, our reefs are as much a part of our lives as our families. They have sustained us since the beginning of time.
Cultural Resources: Contrary to your Assistant U.S. Attorney Fred Black's labeling of us as "Chamorrons", we are intelligent enough to understand the SupremCourts ruling regarding the Gove rnment of Guam's authority over the aboriginal rights of the native inhabitants of this island. Are you? If you are, why do you persist on mitigating these issues with them? I suggest you familiarize yourselves with the Native American Graves Protection and Repatriation Act. Oh, by the way, we consider all of the above topics, as inherent and aboriginalissues.
You present yourselves to the world as the pillar of democracy, the defenders of freedom and morality. President Obama speaks of righting the wrongs, the right of indigenous peoples to govern themselves according to their cultural beliefs. Yet, your actions in regards to the Chamorro People and our archipelago tell a different story. The United Nations defines genocide as the denial of a peoples right to exist, just as murder is the denial of a persons right to life. The United States Government's continued subjugation of my people and our homeland, the continuous infusion of different ethnicities without regard to the protection of our aboriginal rights and cultural values is a denial of our right to exist. Shame on you.
You have exposed us to radiation fallout, you have sprayed us with toxins, you have stolen our lands, and you have exploited our culture and our people all for your benefit. We have watched our family members suffer and die, victims of your benevolent assimilation. You show more respect and provide better care tothose who have attacked you, than to we who have been loyal to you. You court us with words of righteousness, giving us hope without substance. You subject us to your laws, but hold yourselves above those same laws. Throughout all of this we have persevered. We have remained steadfast in our loyalty, because we are enamored with the Constitution that you advertise but don't adhere to. Shame on you. We have reached a pinnacle in our relationship wherein change must occur.
This proposed military buildup, with our current political status will result in the cultural and racial genocide of the Chamorro people. We know this to be true. You are forcing us to choose between the destruction of our race, our homeland, and our culture, or to rise up against you in the hope that we may preserve something for our children and the generations to follow. Once my people recognize a threat, it is not in our nature to sit idle and be consumed. This is the final chapter in your benevolent assimilation doctrine. Your future actions shall be the determining factor of our own. We will not lay down and quietly die for the sake of another's greed and convenience.
CONTACTINFO
Chamorro Tribe
Frank J. Schacher
Tribal Chairman
P.O. Box24753,
Guam Main FacilityBarrigada,Guam 96921
Chamorro Tribe Chairman Responds to DEIS/U.S. Military Buildup on Guam at final public hearing located at Okkodo High School
FOR IMMEDIATE RELEASE
Tuesday, January 12, 2010
The past three hearings I spoke about different issues that were not covered under the EIS primarily the 79,178 non-Chamorro that will be brought to our island by 2014 and the fact that there is nothing in the EIS that states how this will impact the Chamorro people and the Chamorro culture. Think about that, because the only numbers that you see presented are some 8,000 plus military personnel. The total figure is 79,178.
Those people that are American citizens that stay on our island for 30 days will be eligible to vote in any of our elections. How will that affect our political structure? How will that affect our ability to make decisions based on your needs? This military buildup is going to happen. That has already been determined. The process that we are going through now and that we have been going through for the past week is a process where they listen to our concerns and we should be focused on trying to mitigate the damage that it is going to do to our island lifestyle. These folks didn't determine that the military buildup was going to occur. They are just following orders. We didn't find out about this until 2006 and weren't able to put our input in because that input was put in for us by our congressional delegate and our governor, who opened the doors wide and said please come on in without consulting us. The different issues that we are concerned with on this DEIS are of course: the environmental impact, the land, the water, our culture, the preservation of our artifacts, the preservation of our sacred remains. None of these were addressed in the DEIS. I'd like to offer a recommendation for mitigation on all of those, since all of those are considered aboriginal issues:
In 1999 in the case of Government of Guam/Guam Economic Development Authority vs. the United States, the Appellate Court, which is upheld by the Supreme Court, ruled that the Government of Guam has no authority to represent the aboriginal rights of the native inhabitants of this island. Those rights can only be represented by a tribe or under special circumstances a tribal member. I would like to recommend to JGPO that you start looking at the legal ramifications of those aboriginal rights and that I would like to let them know and let everybody know that we have done our homework and that the Tribe stands ready to mitigate or litigate.
CONTACT INFO
Chamorro Tribe
Frank J. Schacher, Tribal Chairman
P.O. Box 24753, Guam Main Facility
Barrigada, Guam 96921 Phone: (671) 632-3534 Website: www.chamorrotribe.webs.com
The Path to Constitutional Rights for our island and her people
FOR IMMEDIATE RELEASE
Tuesday, February 02, 2010
Guamanians who are U.S. Citizens, either came here from the United States and they were born as United States Citizens or they became United States Citizens through the Naturalization process. But either way, Guamanians are recognized by Article 14, Line 1 of the Constitution as Constitutional Citizens.
Chamorros from Guam are Category 2 United States Citizens. They are statutory citizens because they received their citizenship by virtue of the Organic Act. They are not recognized by the Constitution as United States Citizens. Chamorros hold Aboriginal and Inherent Rights to this island, its land, and its resources.
Guamanians, although they hold Constitutional Rights, don't hold any aboriginal or inherent rights, whereas Chamorros hold aboriginal and inherent rights and don't hold any Constitutional Rights, only Constitutional privileges. The reason why the United States Constitution does not pertain to Guam is because of the political designation of the Chamorro people as the Aboriginal Title Holders to this land. If the Chamorro people do not enjoy Constitutional Rights, then no one else on this island can enjoy Constitutional Rights. Should the Chamorro people ever become naturalized and become full Constitutional Citizens then the Constitution would pertain to everyone on this island, including the Guamanians.
The path to Constitutional Rights for our island and her people lies in Title 25 of the U.S. Code, namely registration as a Native American Tribe. This would incorporate tribal lands and naturalize tribal members, thereby extending the authority of the Constitution fully to our island without violating existing treaty obligations.
CONTACT INFO
Chamorro Tribe
Frank J. Schacher, Tribal Chairman
P.O. Box 24753, Guam Main Facility
Chamorros from Guam are not Recognized by the Constitution as United States Citizens
FOR IMMEDIATE RELEASE
Wednesday, June 09, 2010
In 1995, the United States Congress exercised its authority to determine our Political Status by designating us as - Native American Pacific Islanders, by doing so, the Congress established that the Native Inhabitants of this island should be afforded the same rights, protection, and privileges as American Indians, Alaska Natives, Native Hawaiians, and all other Native Americans. In addition, amended Title 25 of the United States Code to include Guam under the definitions of State thereby giving authority to the Secretary of the Department of Interior to recognize and register the native inhabitants of Guam as a Native American Tribe.
The path to Constitutional Rights for our island and her people lies in Title 25 of the U.S. Code, namely registration as a Native American Tribe. This would incorporate tribal lands and naturalize tribal members, thereby extending the authority of the Constitution fully to our island without violating any existing treaty obligations.
Chamorros from Guam are Category 2 United States Citizens. They are statutory citizens because they received their citizenship by virtue of the Organic Act. They are not recognized by the Constitution as United States Citizens. Article 14 Line 1 of the United States Constitution states there are only two ways to become a United States Citizen, you are either born a citizen or you are naturalized. You cannot be naturalized as a Statutory Citizen. Only certain Amendments of the Constitution and those Amendments that the Supreme Court recognizes as being Basic Human Rights apply.
In 1999, the case of Government of Guam/Guam Economic Development Authority vs. the United States, the Appellate Court, which is upheld by the Supreme Court, ruled that the Government of Guam has no authority to represent the aboriginal rights of the native inhabitants of this island. Those rights can only be represented by a tribe or under special circumstances a tribal member. Chamorros hold Aboriginal and Inherent Rights to this island, its land, and its resources.
On January 28, 2005, The Chamorro Tribe registered its Articles of Incorporation and By-Laws in the Territory of Guam under Charter#: D14918 and is currently pursuing Federal Registration as a Native American Tribe with our U.S. Department of Interior.
On September 2008, Senators J.P. Guthertz, B.J. Cruz and R.J.R. Respicio introduced Resolution No. 191, Relative to urging Congressional Delegate Madeline Z. Bordallo (D-Guam) to request from the United States Congress full acknowledgment of the Chamorro people of Guam as Native Americans and full inclusion under 25 U.S.C. Chapter 1, § 83.3 Registration Requirements of Indian Tribes-Definitions.
CONTACT INFO
Chamorro Tribe
Greg Schacher, Tribal Vice Chairman
P.O. Box 24753, Guam Main Facility
Barrigada, Guam 96921 Phone: (671) 632-3534
Website: http://www.chamorrotribe.webs.com Email: chamorrotribe671@gmail.com
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