Discussion Draft – Chief Velky BIA Comments

In June of 2013, The Department of the Interiors Assistant Secretary for Indian Affairs issued a Discussion Draft proposing revisions to the Bureau of Indian Affairs (BIA) process for federal acknowledgment of Indian Tribes (25 CFR Part 83).

The State of Connecticut disagreed with Assistant Secretary Kevin K. Washburn proposed new rule changes in a letter sent from Governor Malloy dated February 24, 2014.  Accompanying his letter was a three page explanation of the state’s opposition to the recognition of tribes by requiring that all involved third parties consent to a tribe’s application regardless of the historical facts that support the tribe’s petition for recognition (see Governor Malloy’s letter to President Obama).

On May 22, 2014, Secretary of the Interior Sally Jewell and Assistant Secretary for Indian Affairs Kevin K. Washburn announced publication of the proposed regulations.  As part of the revisions made in the proposed regulations,  the US government is attempting to block the recognition of tribes by requiring that all involved third parties consent to a tribe’s application regardless of the historical facts that support the tribe’s petition for recognition.

On May 27, 2014, Chief Velky commended Assistant Secretary Washburn in putting forth the new rule changes (see Chief Velky’s letter to Assistant Secretary Washburn). While objecting to a third party veto power over a tribe’s effort to repetition for federal acknowledgement, he believes the new rule changes do not comport with the due process and equal protection principles of our Constitution.  Chief Velky believes the Constitution does not provide for a state or its political subdivisions to exercise an absolute veto over the exercise of the constitutional authority.

On July 29, 2014, a public comment session was held at the Mashpee Reservation in Massachusetts in which tribal leaders voiced their opinions regarding the discussion draft for proposed revisions to the BIA process for federal recognition of Indian tribes (25 CFR Part 83). Video recordings of Chief Velky and Anthropologist Steve Austin can be viewed in the Press and Media tab.


Blumenthal Stirs Opposition to Federal Recognition – Again

By Gale Courey Toensing

It didn’t take long for the Connecticut official who was once called “the enemy of Indian country” to start stirring up opposition to proposed revisions to the federal acknowledgment process.

Sen. Richard Blumenthal organized a meeting in his Connecticut office on July 9 office to rouse local and state officials into fighting a “Preliminary Discussion Draft” of potential changes to the federal acknowledgment regulations. The draft was released just two weeks earlier by Assistant Secretary for Indian Affairs Kevin Washburn. It was enthusiastically received by tribal leaders and others at the National Congress of American Indian’s Federal Recognition Task Force during the organizations’ mid-year conference in Reno, Nevada, at the end of June.

The news that Blumenthal was working to undermine Washburn’s proposal was announced in a newspaper report datelined Kent, Connecticut, where the Schaghticoke Tribal Nation has a 400-acre reservation and a pending land claim under the 1790 Indian Trade and Nonintercourse Act for some 2,000-plus acres, including hundreds of acres used by Kent School, a private prep school. “Town, school gird for fight: Legal battle looms on tribal recognition,” in the Republican American reported on a Kent Board of Selectmen’s meeting July 2 when First Selectman Bruce Adams shared a three-page document called “Talking Points – Proposal Will Change BIA Rules and Award Federal Tribal Status to Previously Denied Tribal Groups in CT” and announced he would attend a meeting the next week at Blumenthal’s office to discuss the proposed changes to the federal acknowledgment process…

Read more at http://indiancountrytodaymedianetwork.com/2013/07/19/blumenthal-stirs-opposition-federal-recognition-again-150496



WSJ: Connecticut, Tribes Collide on Federal Rule

Joseph De Avila authored a column in the Wall Street Journal on the Indian tribes of Connecticut and the potential BIA rule change:

“…Under one proposal being considered by the federal Bureau of Indian Affairs, a tribe could bypass other requirements of the complex federal-recognition process if it has held a state-recognized reservation since 1934. The current rules are tougher: Tribes need to document they have been a distinct community with political authority since first contact with European settlers. The change could ease federal recognition for the three Connecticut tribes, which have struggled to document a continuous history. Two of the three tribes have won federal recognition in the past, but lost it after the state appealed…”

Chief Velky is featured in the article. Continue reading here: WSJ_Tribes Collide on Federal Rule.