07/31/14

Tribes Agree BIA System Needs Review

By George Brennan, Cape Cod Online

 . . . Many of the public comments, which can be made through Sept. 30 on the proposed changes, centered on a regulation that would require third parties — state governments or opponents of a tribe being federally recognized — to consent for a tribe to re-petition once it’s been denied acknowledgement.

“We encourage third-party participation so everyone can be heard,” Washburn said.

But tribe leaders bristled at Washburn’s comments about it being the “American way” and that applications were denied “fair and square.”

“I don’t look at this as resubmitting. I look at it as restoring what was rightfully ours,” said Richard Velky, chairman of the Schaghticoke Tribe of Connecticut, to cheers from the audience.

Velky represented one of three Connecticut tribes at the forum that have been denied acknowledgment by the BIA.

Steven Austin, an anthropologist who has worked for the BIA and for tribes, said states like Connecticut wield more power than the tribes. Eastern Pequots and the Schaghticoke both received positive “proposed findings” only to have them overturned by political opposition because state leaders don’t want more Indian casinos in Connecticut, he said.

“If people want to oppose Indian gaming, let them oppose Indian gaming,” Austin said. “Federal acknowledgement is about so much more.”

William Guy, sagamore with the Pokanoket Nation, said the regulations put the burden on the wrong people. “Why do we have to prove to you who we are?”

Read more: http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20140730/NEWS/407300346

 

 

07/30/14

BIA Agrees To Extend Public Comment Period To September 30th

By Ana Radelat, The Connecticut Mirror

. . . After receiving a flurry of appeals from the Malloy administration, the state’s congressional delegation and mayors and selectmen from a number of Connecticut towns, the BIA has agreed to extend for 60 days a public comment period on the tribal recognition proposal. The old deadline was Aug. 1, the new one is Sept. 30. State leaders need the time to fully press their case to the BIA .

Meanwhile, one tribe has threatened to sue the BIA if it shuts them out of a proposed new regulation that would ease the federal recognition process for many of the nation’s tribes. Others are appealing to the BIA on the basis of history and what they say is justice.

“The BIA failed to consider the long, oppressive history of the state of Connecticut,” wrote Kathleen Sebastian Dring, an elder of the Eastern Pequot Tribal Nation of North Stonington, in her comments to the agency.

This was the second time the state has been able to influence the BIA. In May, the agency gave state politicians a big win with a modification to its recognition proposal. The decision infuriated the three Connecticut tribes trying to win recognition — the Eastern Pequot, the Golden Hill Paugussett of Colchester and Trumbull, and the Schaghticoke Tribal Nation of Kent.

The modification would allow those who have previously fought against their recognition to veto any new application for recognition.

“Third-party consent requiring for re-petitioning appears to be in response to concerns Connecticut raised about the discussion draft,” Connecticut Attorney General George Jepsen wrote in a memo about the proposed regulation, which will be finalized after the public comment period ends.

Yet the Malloy administration and others opposed to federal recognition of these tribes are concerned about lawsuits against the BIA, fearing that the “veto provision” is unconstitutional. Jepsen said likely lawsuits over the provision would mean “Connecticut may not be able to rely on the proposed rule to protect its interests.”

“Under the present regulations, a previously denied petitioner may not repetition. That prohibition should remain the same,” Jepsen wrote.

What rattled the Malloy administration were the public comments submitted by Chief Richard Velky of the Schaghticoke Tribal Nation, who told the BIA that giving third parties the right to object to new petitions for federal acknowledgement “does not, I believe, comport with the due process and equal protection principles of our Constitution.”

“Nor does the U.S. Constitution provide that a state and its political subdivisions may exercise an absolute veto over the exercise of constitutional authority vested exclusively in the United States government,” Velky wrote . . .

Read more: http://www.courant.com/news/politics/hc-ctm-indian-affairs-regulation-20140729,0,6642225,full.story