The state of Connecticut accused the Bureau of Indian Affairs on Monday
of a "complete about-face" for its controversial decision to recognize
the Schaghticoke Tribal Nation.
State attorney general Richard Blumenthal was joined by a host of
municipal leaders to announce his challenge to the the BIA.
"This appeal is about a federal agency skirting and subverting the truth �-
and brazenly ridiculing the rule of law," he said at a press conference.
A 197-page filing being lodged with the Department of Interior's Board
of Indian Appeals outlines a series of complaints against the decision.
The state alleges that principal deputy assistant secretary
Aurene Martin, in a January 29 final determination that reversed
a negative proposed finding, manipulated gaps in evidence to show that the tribe has operated as a
political and cultural unit since historical times.
"In a complete about-face that simply cannot be justified on the basis of
the record or the regulations, the final determination acknowledged the
[Schaghticokes] as a federal Indian tribe," the state writes.
Martin's use of the state's 300-plus year relationship with
the tribe as part of her
analysis draws significant criticism from Blumenthal. The state claims
the relationship has no bearing on the tribe's case.
But Martin, in her decision, pointed out that the tribe, like others in the state, has its own state-recognized reservation.
She also noted that, over the years, the state has legislated in the area of Indian affairs,
including appointing overseers for the state's tribes, extending voting
rights to tribal members and attempting to terminate the state-tribal
relationship.
At an Indian law conference last month, Martin cited these factors in a public
defense of her decision.
While acknowledging that state recognition alone might not carry much weight,
she said the "active" and "ongoing" relationship between the Schaghticokes
and Connecticut deserved special attention.
"Why can't this
relationship itself be proof of a tribe's political existence over that
time period?" she said at the Federal Bar Association's
Indian law conference in Albuquerque, New Mexico.
"What about that grant of the right to vote to tribal members from
the state, a basic right of citizenship?" she added.
"Prior to the granting of right, [tribal members] must have belonged to some
other political entity. They must have been citizens of something."
"How do you treat a petition from a state that has basically replicated the
federal recognition at the state level, a recognition which, at the
federal level, is at its core a recognition of another sovereign entity?"
she concluded.
In the filing, Blumenthal refers to Martin's statements at the conference
and said she ignored evidence to the contrary that was submitted prior
to the January 29 decision.
"If this is the true basis for her use of state recognition � that the state
recognition was based on the same process as federal recognition resulting in a
government-to-government relationship � it reflects a gross distortion and
misunderstanding of the evidence about the state's relationship,"
he writes.
Martin is the second-in-command at the BIA but is in charge of
federal recognition because assistant secretary
Dave Anderson, who didn't join the Bush administration until
the week following the Schaghticoke decision, has recused himself
from any recognition matters. A BIA spokesperson said he
didn't want his previous work in Indian gaming to cloud the issue.
The state's appeal will tie up the tribe's status for at least
a year. Depending on how the situation plays out, Blumenthal
could seek review by the courts, extending the battle even longer.
The Schaghticoke Tribal Nation applied for recognition in 1981
but is split by rival groups. The tribe has several land
claims in the courts that depend on resolution of the tribe's
federal status.
Schaghticoke Chief Richard Velky issued a statement yesterday
blasting the state's appeal. "The Attorney General's appeal is
nothing more than his latest media event --
just another frivolous lawsuit at the expense of Connecticut taxpayers," he said.
The tribe's recognition petition was financed by
Frederick A. DeLuca, the founder of the Subway sandwich chain,
who hopes to help the tribe seek land for a casino, possibly
in Bridgeport, where such development is welcomed.
The tribe's
reservation, near the New York border, is considered
unsuitable for commercial use. The leader of Kent, the town
near the reservation, has joined Blumenthal's appeal.
Relevant Documents:
State
Appeal Documents | Federal
Register Notice
Relevant Links:
Schaghticoke Tribal Nation - http://www.schaghticoke.com
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