By Ana Radelat
. . . But, in what Jones said was political pressure from Connecticut officials, the BIA changed a previous draft of the proposal to include language that says, in order to renew their claims, tribes whose bids for federal recognition have been rejected must receive approval from those who previously opposed their recognition.
That would make it very difficult for the Eastern Pequot of North Stonington, the Golden Hill Paugussett of Colchester and Trumbull, and the Schaghticoke Tribal Nation of Kent, to make another application. Their bids for federal recognition were rejected and the entire Connecticut political establishment has, for years, opposed the tribes’ recognition and still does – strongly.
The BIA’s new proposed rules say “an entity that previously petitioned and was denied federal acknowledgment” including a reconstituted tribe or splinter group, can reapply only if “any third parties that participated as a party in an administrative reconsideration or federal court appeal concerning the petitioner has consented in writing to the re-petitioning” and the tribe meets other requirements in the proposed regulations.
“It’s clearly an indication of influence peddling,” Jones said of the restrictive language. . .
Read more: http://ctmirror.org/bia-latest-recognition-proposal-is-blow-to-ct-tribes/
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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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From FSRN –
. . . The Bureau of Indian Affairs in Washington, DC, has issued a draft proposal that would make it significantly easier for tribes to win federal recognition — and all the benefits that go along with that. But Connecticut Governor Dannel Malloy wrote to President Barack Obama requesting that three state-recognized tribes that have already lost their bids for federal recognition not be allowed to automatically qualify under the new rules, and the latest draft of the new regulations includes a provision that would give the state veto power over any application that is made by these tribes. The three tribes have cried political interference — again — and an expert on Indian law says they have a good case. Melinda Tuhus reports from New Haven.
The Schaghticoke Tribal Nation has 278 members and a 400-acre reservation in the northwest corner of Connecticut in the upscale town of Kent. Their ancestral lands comprised hundreds of square miles between the Hudson River in New York and the Housatonic River in Connecticut, featuring dense forests, waterfalls, and abundant wildlife.
Chief Richard Velky says the tribe began its quest for federal recognition in 1981 and has hundreds of thousands of pages of documentation to show for its initially successful application. He says designation would give the Schaghticokes more autonomy than they currently have, along with other benefits like “housing for our elders, health care for our tribal members, educational programs.” Velky adds that a casino could also be an option, but that wasn’t the motivation for pursuing recognition. . .
By Christina Rose –
. . . Malloy’s list of complaints states, “In Connecticut, reservations have been maintained simply because there are descendants of the groups for which the reservations were first established,” implying the tribal members are merely descendants.
Malloy complained that the new regulations favor the tribes rather than the state and that giving federal recognition to the tribes now would overturn previous court decisions.
Ruth Garby Torres, Schaghticoke, author of a chapter in the book, Recognition, Sovereignty Struggles, and Indigenous Rights in the United States: A Sourcebook, said that in her opinion, the state is afraid of gaming expansion based on outdated information. Torres said the Schaghticokes are well aware the Kent area is not appropriate for casinos and destructive planning. She said, “People are afraid of traffic, crime, disrupting the beauty of the area, the lack of control, building something without the town’s zoning influence. What is not being discussed is, that’s our land. We see the beauty, too! Why do you think we would do that?” . . .
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/
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From THE ASSOCIATED PRESS –
. . . But House members were more critical of Connecticut’s efforts to get aid for towns that are fighting BIA tribal recognition decisions. Instead, said Rep. Frank Pallone, D-N.J., “I think it’s just the opposite. We shouldn’t give money to the towns, we need to give money to the tribes.”
He said states like Connecticut and its local leaders are trying to influence the recognition process “in a way that is inappropriate.”
Rep. Nancy Johnson, R-Conn., told the panel that the state is not anti-Indian and does not challenge the idea of tribal sovereignty. But she referred to the BIA’s recent federal recognition of the Schaghticoke Tribal Nation in Kent, and said the agency did not adhere to its own regulations when making that decision.
“The BIA process has been an absolute travesty,” she said. “The standards absolutely have to be clarified and adhered to.” . . .
On December 5, 2002, the BIA issued a negative preliminary finding for our petition.
The Schaghticoke Tribal Nation has waited decades for a finding that legitimizes our longstanding claim. We remain confident our 18,000-page petition will meet the seven criteria for federal recognition, and that the BIA will ultimately issue a positive finding in September of 2003.
We view this finding as a temporary setback in a process we have pursued for decades. In the coming months the Schaghticoke Tribal Nation will submit thousands of additional pages of documentation from research we have conducted since our filing under the court order in April of 2002. We believe this additional research will address the concerns of the BIA as well as demonstrate the longstanding and legitimate nature of our claim and will lead to a positive finding.
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