03/15/15

Ray Hackett Notes Leaders Flip-Flopping on Casino Issue

Ray Hackett of the Norwich Bulletin writes:

. . . The Las Vegas Night statute was critical because it was the basis — some say loophole — that the 2nd Circuit Court of Appeals in 1983 used in ruling the Mashantucket Pequots were “entitled” to open a casino in Connecticut.

Fearing that the Eastern Pequots — and other “state-recognized” tribes applying for federal recognition — might cause an explosion of casinos across the state, the Legislature quickly repealed the Las Vegas Night statute.

Ta-Dah: casino gambling was officially outlawed in Connecticut — with two exceptions, Foxwoods and Mohegan Sun.

Fast forward to last year. In a February 2014 trip to Washington, D.C., Gov. Dannel P. Malloy hand delivers letters to President Obama, Vice President Joe Biden and the secretary of the interior, noting Connecticut’s strong opposition to new Bureau of Indian Affairs regulations making it easier for tribes to win federal recognition.

In addition to land claims, the fear was that the Eastern Pequots, Golden Hill Paugussett of Colchester and Trumbull and the Schaghticoke of Kent would seek to build casinos. Also writing letters in opposition are Attorney General George Jepsen, now Sen. Blumenthal and various first selectmen. . .

10/9/14

Bridgeport Mayor Bill Finch Vouches For Reform Of Federal Recognition Process

Mayor Bill Finch | www.bridgeportct.gov

By Gale Courey Toensing for Indian Country Today Media Network

. . . The mayor of Connecticut’s biggest city has written to the Bureau of Indian Affairs applauding the agency’s proposed new regulations for the federal acknowledgment process. The proposed regulations aim to reform a system that almost everyone has described as “broken” for the past two decades.

Bridgeport Mayor Bill Finch objected to one item in the BIA proposal, however — a provision that would prevent the federal government from reconsidering the petitions of three tribes the state has recognized since the 17th and early 18th centuries when it started expropriating their lands. The provision would give third parties the power to stop tribes that have been denied recognition to seek reconsideration under the new regulations.

“If, as you say in your announcement released on May 22nd, that ‘Reform of the process is long-overdue’ and that a number of tribes were denied recognition under the current regulations, those tribes should be afforded due process under the revised provisions,” Finch wrote in a short letter to Interior Department Assistant Secretary — Indian Affairs Kevin K. Washburn on September 30. That was the last day of the comment period, which Washburn had extended for 60 days from its original August 30 deadline.

“A third party should not receive veto powers concerning reconsideration. That is not a state’s rights issue or the province of an individual or corporation,” Finch continued. “Rather, the third party should be offered the opportunity to submit documentation in the acknowledgment process that documents why a petitioner has not fulfilled the criteria for acknowledgment. All parties should receive appropriate notice but the regulations must address the Federal relationship with the Native American tribe without the outright denial by a third party without necessarily evaluating the facts of the petitioner.”

Finch’s support for Indian nations is at odds with the state’s entire congressional delegation of two senators, five representatives, Gov. Dannel Malloy, State Attorney General George Jepson and a coalition of town mayors and selectmen – all led by Sen. Richard Blumenthal (D-CT), who has been an Indian fighter for more than 20 years. . .

10/1/14

Radelat: Connecticut presses BIA to scrap Indian recognition proposal

By Ana Radelat for The CT Mirror

Washington — The administration of Gov. Dannel Malloy has asked the federal Bureau of Indian Affairs to scrap proposed rule changes the state believes could lead to recognition of additional Indian tribes in Connecticut.

The BIA has been considering the rule changes for months. The state says the changes could open the door to large land claims and expanded Indian gaming in Connecticut. Yet Kevin Washburn, Assistant Secretary of Indian Affairs, has said he’s determined to fix what he’s called a “broken” federal recognition process.

The federal tribal recognition rules in place require a tribe to prove its continuous community and political authority since first contact with European settlers. Washburn’s proposal would change that to allow a petitioning tribe to demonstrate it has maintained a state reservation since 1934. Washburn‘s new regulation would also allow tribes that have been denied recognition to apply again. . .

Click here to continue reading.

08/21/14

Edward J. McDonnell III: “Genteel genocide” continues against Schaghticoke

By Edward J. McDonnell III for Indian Country Today Media Network

A genteel genocide continues apace in Connecticut; not of a people, but of a long, proud heritage. The Schaghticoke Tribal Nation gained federal recognition in 2004 after 25 years of struggle.

Strident opponents exacted a heavy price: less-than-ideal financial backing from an investor seeking to build a third casino in Connecticut. Federal recognition and plans to construct an entertainment facility in Bridgeport only redoubled the state’s century-old campaign to exterminate the Schaghticokes.

Connecticut’s public leaders placed private agendas ahead of public fairness by browbeating the U.S. Department of the Interior into revoking that recognition last October.

Natives had better stand together with the Schaghticokes – emulating the recent show of solidarity by the gracious tribal council chairman of the Mashpee Wampanoag – lest other hard-won sovereignties suffer similar overthrows.

In this case, appealing news copy of old-line Yankees defeating “ragtag” minions of casino thugs hid the real wrongdoing. . .

08/12/14

“Tribal chief on a mission for his heritage” Article and Comment Aftermath

Take a look at what went down in the Republican-American the other day: Tribal_chief_on_a_mission_for_his_heritage

Chief Velky on rock

08/11/14

“Should STN Have A Second Chance At Recognition?” REP-AM Poll Results

Thank you to those who were vigilant and voted “yes” in support of STN in this RA poll!

08/7/14

WATCH: Chief Velky and Anthropologist Steven Austin Make Public Comments

08/4/14

Washburn Hears Frustration, Anger Over Third Party Federal Recognition Veto

By Gale Courey Toensing

. . . Around 100 people attending a public session on the Bureau of Indian Affairs’ proposed new rules for federal recognition broke into spontaneous applause when Eastern Pequot Tribal Nation Chairman Dennis Jenkins spoke against a controversial provision that would allow certain third parties to veto a tribe’s ability to re-petition for federal status.

“This [proposal] is not only morally reprehensible; it is also arbitrary and capricious and not in accordance with the laws of the United States. … It is the worst kind of modern day genocide,” Jenkins said, as the crowd cheered, whooped and whistled . . .

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?”

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 . . .

SCHAGHTICOKE TRIBAL NATION

The official website of Schaghticoke Tribal Nation

Category Archives: Recognition Process