03/27/15

In A Rare Moment, Blumenthal Agrees With Chief Velky

Gale Courey Toensing writes in Indian Country Today:

Sen. Richard Blumenthal (D-CT) rarely, if ever, agrees with Schaghticoke Tribal Nation Chief Richard Velky about anything having to do with federal recognition, but that rare moment has arrived.

Blumenthal, Connecticut’s former attorney general, now says that a third party veto provision he helped insert into the Bureau of Indian Affairs’ proposed revisions of the federal recognition rules is unconstitutional, the Connecticut Mirror reported. Velky said the same thing a year ago.

The provision would give third parties that were involved in litigation against tribes veto power over those tribes’ right to re-petition for federal recognition under the revised rules. A tribe would have to go to the same third party that fought its federal recognition at the Bureau of Indian Affairs, the Interior Board of Indian Appeals and/or in federal court to get consent to re-petition. In Connecticut, which has fought indigenous sovereignty for almost 400 years, the likelihood of that happening is slim to none, Indian leaders say.

“I’ve argued, and so have other parties, that [the third party veto] raises very severe constitutional questions,” said Blumenthal, who has successfully fought federal recognition of Connecticut’s three state recognized tribes – the Schaghticoke Tribal Nation (STN), the Eastern Pequot Tribal Nation (EPTN) and the Golden Hill Paugussett Indians (GHP)…

Read more: http://indiancountrytodaymedianetwork.com/2015/03/27/blumenthal-flip-flops-federal-rec-third-party-veto-159772

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

08/4/14

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 . . .

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

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

05/2/13

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.

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