Senate won't halt federal recognition decisions

FROM THE ARCHIVE

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TUESDAY, SEPTEMBER 24, 2002

Opponents of a Connecticut tribe suffered a major defeat on the Senate floor on Monday with the rejection of a moratorium on federal recognition.

By a vote of 80 to 15, the Senate tabled a rider introduced by Connecticut's two Democratic senators. Chris Dodd and Joe Lieberman wanted the Bureau of Indian Affairs to halt all pending acknowledgment decisions pending a full-scale review.

But during a one hour debate, the pair were unable to convince enough colleagues to support their measure. "If we don't straighten this situation out, it could get worse," warned Dodd.

"We certainly did not do this as anti-recognition," added Lieberman.

Indian Country's two leading advocates led the charge against the measure, contained in the Department of Interior's 2003 budget bill. Sens. Daniel Inouye (D-Hawaii) and Ben Nighthorse Campbell, chairman and vice-chairman of the Senate Indian Affairs Committee, said the measure was unfair and untimely.

"I think the Indians have waited a long time for justice and I'm sorry to say . . . this does not bring justice to them," Inouye noted on the Senate floor.

Inouye and Campbell promised to continue to hold hearings on the federal recognition process, which all observers agree needs serious changes. Dozens of petitioning groups await an answer on their status as BIA researchers try to sift through thousands of pages of evidence, reports and other information.

There is considerable debate, however, on how to fix the system. Campbell has introduced a bill to create an independent federal recognition commission, with its three members appointed by the White House, to adjudicate all remaining applications.

The idea has the support of former Assistant Secretary Kevin Gover, who gave up after three years of trying to speed up the process. Politicians in Connecticut, where the Eastern Pequot Tribe has just been recognized, and some tribal groups also have endorsed the solution.

The Bush administration, on the other hand, opposes taking recognition duties away from the BIA. Assistant Secretary Neal McCaleb last year promised to create a plan for reform but has failed to deliver it.

McCaleb recognition of the historic Eastern Pequot Tribe prompted the Dodd-Lieberman amendment. Opponents claim the decision was out of bounds with federal regulations and Connecticut Attorney General Richard has filed an appeal through the BIA.

Marcia Jones Flowers, chairwoman of the Eastern Pequot Tribe, opposed the rider. "As a tribe that has faithfully followed the rules for over 24 years, we were dismayed by this recent effort to politicize the recognition process," she said.

A total of seven Democrats voted to support the moratorium. Seven Republicans and one Independent joined. Five members were not present.

Relevant Documents:
Roll Call: Vote 220 (9/23)