Nanticoke Lenni-Lenape Tribal Nation wins big court victory

Thursday, November 15, 2018

By Acee Agoyo

After six years of legal battles, the Nanticoke Lenni-Lenape Tribal Nation has emerged victorious in New Jersey.

Under former governor Chris Christie, a Republican, the state had refused to acknowledge the tribe's existence. But a settlement announced on Thursday changes all that, restoring the Lenni-Lenape people to their rightful place in their own homelands.

“This fight to restore recognition has been lengthy, costly, and sad," Chief Mark Gould said. "But today New Jersey has reaffirmed that American Indians are not only part of its storied past, but valued partners in a shared future. We are ready to do our part to rebuild our relationship with the state government.”

A shift in political leadership at the highest levels of the state helped the tribe secure success. Gov. Phil Murphy and Attorney General Gurbir S. Grewal, both of whom took office earlier this year, represent the new Democratic future in New Jersey.

“Tribal rights are important rights, and through this settlement we’ve been able to affirm the status of the Nanticoke Lenni-Lenape Nation as an American Indian tribe formally recognized by the state,” Grewal said in a press release. “As a result of this settlement, there is no more ambiguity regarding the tribe’s official status, and the tribe’s forward progress cannot be impeded by any state-related recognition issues. I’m heartened that, through good faith negotiation, we’ve been able to resolve this matter fairly and bring an end to years of legal dispute.”

Today, @NewJerseyOAG entered into an historic settlement with the Nanticoke Lenni-Lenape Tribal Nation, acknowledging its official recognition as an American Indian Tribe. We're pleased to resolve long-running litigation & move forward with mutual respect. https://t.co/XtjMJhCDFn
— AG Gurbir Grewal (@NewJerseyOAG) November 15, 2018

But the tribe also said Indian Country played a role in restoring its status. The National Congress of American Indians, the Alliance of Colonial Era Tribes, the Indian Law Resource Center were among the organizations thanked in a public statement of gratitude on Thursday.

"We hope and believe that this resolution will set the stage for the restoration of a positive, mutually respectful, and collaborative relationship between the tribe, the state of New Jersey, and the government of the United States," the statement read.

The tribe, whose ancestors signed one of the first treaties with European nations, has not been formally acknowledged by the United States. The settlement does not address that situation.

But it does have an immediate benefit because federal laws like the Indian Arts and Crafts Act and the law that established the 8(a) program at the Small Business Administration contain provisions that apply to state-recognized tribes and their citizens. As part of the settlement, Grewal's office has agreed to notify all federal agencies of the Nanticoke Lenni-Lenape Tribal Nation's status.

Additionally, Grewal agreed to pay $2.4 million to help the tribe rebuild its cultural and economic development programs. Cultural Heritage Partners represented the tribe over the last six years through litigation in the federal and state courts.

“If the character of a nation is measured by how its treats its most vulnerable people, then today we have reason to celebrate this restoration of justice, but we all must do much better by our Native brothers and sisters,” attorney Greg Werkheiser said.

The tribe was recognized by the state in 1982 through a law that is still on the books. The state also has taken other actions that have acknowledged the tribe's existence.

But Christie, who unsuccessfully sought the Republican nomination for president in 2016, claimed otherwise for reasons that were never fully explained. Two other tribes -- the Ramapough Lunaape Nation and the Powhatan-Renape Nation -- also fell victim to his change in policy.

"The two other state-recognized tribes in New Jersey whose status was undermined will have it reaffirmed," the Nanticoke Lenni-Lenape Tribal Nation said in the public statement of gratitude.

The tribe has filed a letter of intent with the Bureau of Indian Affairs, the first step in the federal acknowledgment process. It typically takes years, and often decades, for petitioners to secure recognition of their status by the federal government.

Tribes can also seek recognition through an act of Congress. The first such act in nearly two decades was signed into law earlier this year, bringing six tribes in Virginia into the federal family.