Members of a small tribe in Connecticut celebrated on Thursday
after learning that their long-running quest for federal recognition
has ended in success.
Applause, cheers and tears greeted Richard Velky, chief of the Schaghticoke
Tribal Nation, as he made the announcement. "Today is our day," he said
at the tribe's headquarters in Derby. "Today is the end of a
journey for over 25 years."
Only a short while earlier, tribal leaders were informed of
the Bureau of Indian Affairs' decision.
In what is known as a final determination,
principal deputy assistant secretary Aurene Martin, a Bush administration
appointee, said the tribe satisfied all seven criteria for
federal status.
"The Schaghticoke Tribal Nation has demonstrated continuous existence as an
Indian tribe," the BIA said in a statement.
Martin's decision is significant because it marks only the third time
that the BIA has changed its mind about a tribe. All three cases
involved tribes in New England.
In December 2002, former assistant secretary Neal McCaleb issued a proposed finding
against federal recognition for the Schaghticokes. The tribe responded
by submitting new evidence to prove continuous existence as a distinct
community and to show continuous political authority over tribal members,
the two criteria McCaleb said were lacking.
According to the Federal Register notice that Martin signed yesterday, the new
information helped patched up some of the holes in the
record. In the 13-page document, Martin made note of
"significantly greater" evidence to back up the tribe.
The state's recognition of the tribe also played a role.
The tribe's reservation, which now stands at 300 acres, was established in 1736.
"There has been a continuous, active relationship from colonial times
to the present between the state and the Schaghticoke in which
the state treated them as distinct political community," Martin
wrote. "The historical continuity of the group has been demonstrated."
The BIA's explanation, however, did little to convince officials
in Connecticut, who are vowing to fight the decision. Attorney general
Richard Blumenthal called Martin's decision "outrageously wrong."
"The BIA got it right the first time in its preliminary decision," he
said yesterday. "What changed their minds is unfathomable and unforgivable."
Blumenthal, who is already challenging the federal status of another tribe,
said he would seek a reconsideration through
the Department of Interior's Board of Indian Appeals. He did not rule out
the possibility of a lawsuit.
Litigation is what prompted the BIA to act on the tribe's
petition in the first place. The decision came out of a court-approved
agreement involving three different court challenges. Now that
the tribe's legitimacy has been established, the tribe can move
forward with its land claims.
Another issue looming is a casino, but Velky declined to
talk in detail about the tribe's plans. "Let us relish in this moment of
federal recognition before we take it any step further," he said. "I"m sure in the very
short coming days, I'll be glad to address any questions dealing
with economic development."
The tribe, which has about 300 members, is the fourth in Connecticut
to gain federal recognition. The Mashantucket Pequot Tribal Nation
was recognized by an act of Congress in 1983 while the Mohegan
Tribe was recognized by the BIA in 1994. Most recently, the BIA
recognized the Eastern Pequot Tribal Nation in June 2002.
All the decisions were marked by controversy. Although little
noticed at the time, the Mashantucket Tribe's act has been questioned
in recent years. The Mohegan Tribe was initially denied status but
the BIA changed its mind after receiving more information. And
the Eastern Pequots were caught in a debate over the alleged influence of
Indian gaming money on the Clinton administration.
A ruling is also pending on the Golden Hill Paugussett Tribe,
whose status has been in limbo pending reconsideration of a negative
decision first issued during the Clinton administration.
All four tribes have been recognized by the state since colonial
times. Appalled that the BIA has relied on this status,
lawmakers tried to revoke the status of the Schaghticokes and the
Paugussetts.
Fearful of more casinos in the state, they also repealed a law
that paved the way for the Mashantucket and Mohegan casinos,
which are the largest in the world.
The BIA's decision will become final 90 days after publication
in the Federal Register. But administrative and legal appeals
could hold up the tribe for years.
Relevant Documents:
BIA Federal Register
Notice | BIA Statement | Richard Blumenthal
Statement | Rep.
Shays Statement
Relevant Links:
Schaghticoke Tribal Nation - http://www.schaghticoke.com
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