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

 

 

07/3/14

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/