“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


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 . . .

Read more at http://indiancountrytodaymedianetwork.com/2014/08/04/washburn-hears-frustration-anger-over-third-party-fed-rec-veto-156207?page=0%2C0


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




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


Schaghticoke Tribal Nation opposes state veto on recognition

Via Indianz.com –

. . . The Schaghticoke Tribal Nation doesn’t think the state of Connecticut should be able to veto its federal recognition petition.
The Bureau of Indian Affairs has proposed a rule that would allow the tribe to resubmit its petition. But all interested parties must agree, something that won’t happen in Connecticut.

“Even though the state had the responsibility of our tribes for centuries, they still are now considered a third party that can stop a tribe from gaining its federal recognition,” Chief Richard Velky told Free Speech Press News. “The same people — the same people — that was there to protect us are now there to hurt us.” . . .

Read more: http://indianz.com/News/2014/014026.asp

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Op-Ed: Six things you did not know about the federal acknowledgment of Indian tribes

By Ruth Garby Torres

. . . #2 – Contrary to what you may hear from public officials in Connecticut, there will still be many obstacles for tribes petitioning under the proposed changes to the acknowledgment process and beyond that process.

Back in 2005 when many of these same public officials were running around with their hair on fire because the Schaghticokes and Eastern Pequots were federally recognized, the U.S. Supreme Court decided the City of Sherrill vs. Oneida Indian Tribe case.

To be clear, I am not a lawyer, legal scholar or expert but anyone can find explanations of this case in plain English. In short, the Oneidas legally purchased private properties in New York, which the City of Sherrill wanted to tax. The court held that, “Given the longstanding, distinctly non-Indian character of central New York and its inhabitants, the regulatory authority over the area constantly exercised by the State and its counties and towns for 200 years, and the Oneidas’ long delay in seeking judicial relief against parties other than the United States, standards of federal Indian law and federal equity practice preclude the Tribe from unilaterally reviving its ancient sovereignty, in whole or in part, over the parcels at issue.” . . .

Read more: http://ctmirror.org/op-ed-six-things-you-did-not-know-about-the-federal-acknowledgment-of-indian-tribes/



Editorial: Connecticut tribes deserve to be respected in state

From Indianz.com –

Connecticut newspaper says tribes deserve respect even if they are not recognized by the federal government:

The proposed rules were “significantly” changed, U.S. Sen. Chris Murphy told a group of business leaders in Danbury Wednesday, and now are expected to effectively block attempts by the Schaghticokes in Kent to win federal recognition.
The revisions, announced by the BIA last Thursday, specify that for any petition to move forward it would need consent by all parties who were involved in earlier unsuccessful attempts.

Given that Connecticut, the state’s attorney general and the town of Kent all vigorously objected to federal recognition for the Schaghticokes — a designation approved in 2004 and then overturned in 2008 — any new effort would go nowhere.

Good news for the state. Not such good news for the Native Americans, who obtained their reservation by the General Assembly of the Colony of Connecticut in 1736. The original 2,500-acre reservation, one of the oldest in the country, was pared down in the 1800s and early 1900s to the present day steep, rocky 400 acres in Kent…

Get the Story:
Editorial: Still struggling with the Native American identity (The Danbury News-Times 5/29)






Federal Recognition Proposal Praised — Except for CT’s ‘Third Party’ Veto

By Gale Courey Toensing

Indian country has welcomed a set of proposed regulations to reform the federal recognition process, but a provision that would hand third parties veto power to quash a tribe’s request for reconsideration of its petition is raising an outcry that political influence from Connecticut politicians is once again tainting the process.

Interior’s Assistant Secretary – Indian Affairs (ASIA) Kevin Washburn announced the publication of the proposed regulations Thursday (April 22). The proposal follows up on draft regulations issued last June that were widely applauded in Indian country as the best thing to happen in decades to a system that’s been described as “broken, long, expensive, burdensome, intrusive, unfair, arbitrary and capricious, less than transparent, unpredictable, and subject to undue political influence and manipulation.” . . .

. . . “By allowing the third party consent to decide the fate of the tribes, the third parties are no longer participants, but they’ve now become the judge,” STN Chief Richard Velky said. “I know ASIA Kevin Washburn is trying to do good for Indian country. I believe the BIA needs to make some changes, but this isn’t change we can believe in. This is political influence – corruption – by the state of Connecticut that went into the White House and got third party veto power over a tribe’s right to ask for reconsideration based on the merits of its petition under the revised regulations.” . . .

Read more at http://indiancountrytodaymedianetwork.com/2014/05/25/federal-recognition-proposal-praised-except-cts-third-party-veto-155024