For the third time in less than a year, federal recognition duties
at the Interior Department have been handed to another Bush
administration official.
Jim Cason, the Interior's associate deputy secretary, is now in
charge of deciding who deserves recognition as an Indian tribe.
He is the fourth Republican official to have responsibility over the controversial
area since February 2004.
The decision to transfer the federal acknowledgment
program to Cason came in a February 8, 2005, order signed by
Interior Secretary Gale Norton. Secretarial orders are almost never announced
to the public.
But the order became known on Thursday with the publication of
a notice in the Federal Register that cited Norton's
decision. Cason will "execute all documents, including
regulations and other Federal Register notices, and perform all other
duties relating to Federal recognition of Native American Tribes,"
the notice stated.
It is not surprising that Cason is handling recognition matters.
Since the resignation of former assistant secretary Dave Anderson
in February, Cason has been acting assistant secretary for Indian
affairs.
The bureaucratic shuffling, however, comes less than year after
Dave Anderson drew fire for
relinquishing his recognition duties. Critics of the Bureau of Indian Affairs,
like Connecticut attorney general Richard Blumenthal, called
for his resignation and even retired Sen. Ben Nighthorse Campbell (R-Colorado)
questioned the wisdom of the move.
"Those decisions were made for me before I even got there,"
Anderson admitted in an interview with Indianz.Com shortly before
he left the Bush administration.
"I probably shouldn't have ever signed those things."
Publicly, the Interior Department said
Anderson recused himself from recognition and gaming-related
duties due to his past
involvement with gaming. But in the interview, he said,
"Those were things I was told that I needed to do."
Recognition was then handed to Aurene Martin, the former principal
deputy assistant secretary who resigned last August.
But shortly before she left, she gave recognition to
Mike Olsen, a non-Indian attorney who has since
taken her old position. The department's
public explanation was to ensure Martin's search for a job in the private
sector wouldn't conflict with her official duties.
After Martin left, though, the BIA admitted to a mistake involving one
of her decisions. Martin agreed to recognize the Schaghticoke
Tribal Nation of Connecticut after researchers wrongly calculated
intermarriage among tribal members. The BIA says the error won't
alter the case.
Cason's involvement in federal recognition comes with no prior experience
in the area. In testimony to Congress two weeks ago, he admitted
he was "not well informed" on how the process works, and was unable
to answer a series of questions posed by Rep. Jim Moran (D-Virginia),
who is seeking recognition of several tribes in his state.
"From what I see, the BIA couldn't care less," Moran said.
The process, however, is being revamped somewhat under Cason's management.
The Federal Register notice he signed described changes that
will go into effect immediately without public comment.
The notice "supersedes" a February 2000 directive issued by then-assistant
secretary Kevin Gover, who wanted to speed up
the decision-making process and reduce the amount of work that goes into
the process.
"The procedures described in this notice are based on five years of
experience under," the Cason document states, "and on the procedures
that have been found most effective in producing the clearest decisions
in an efficient manner, while giving petitioners and third parties
appropriate opportunities to provide information and comment."
Cason's control over recognition will end once a replacement for Anderson
is confirmed, or until August 15, 2005.
Relevant Documents:
Secretarial Order: Temporary Redelegation of Authority of the Assistant Secretary - Indian Affairs
(February 8, 1005) |
Federal Register Notice: Office of Federal Acknowledgment (March 31, 2005)
Only on Indianz.Com:
Federal Recognition
Database (July 2004)
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