Blumenthal Admits Veto Provision May Be Unconstitutional
Ana Radelat of The CT Mirror writes:
…The Connecticut tribes, and many other Indians, hope the BIA eliminates the “third-party veto” provision, which they say is unconstitutional.
The senator agrees with the tribes that the veto provision may not stand up in court. “I’ve argued, and so have other parties, that it raises very severe constitutional questions,” Blumenthal said.
Blumenthal said the final regulations issued by the BIA may not include the controversial language, so he’s pressed the agency to scrap plans to issue any new recognition rules at all.
“We think these rules are illegal and extremely unwise,” Blumenthal said.
Opponents include state and local officials and some business interests. They are concerned federal recognition of additional tribes will result in new casinos, extensive land claims and the end of a revenue-sharing agreement with Connecticut’s two federally recognized tribes, the Mashantucket Pequot Tribal Nation and the Mohegan Tribe, that run big gaming operations in the state. . .
. . . “They want to make a decision that won’t be hammered in court,” Velky said.
The chief also said BIA officials told him the final regulations would be made official in April or May.Velky said public pressure, and pressure from Indian Country, persuaded Washburn to allow tribes like the Schaghticoke to have another chance at federal recognition.
“I think the tribe is hopeful,” Velky said. “We’d like to get this behind us.” . . .
Read more: http://ctmirror.org/2015/03/23/blumenthal-effort-to-block-recognition-of-ct-tribes-faces-challenges/