Chief Dwaine Perry of the Ramapough Lenape Nation addresses the National Congress of American Indians mid-year conference at Mohegan Sun on the Mohegan Reservation in Connecticut on June 15, 2017. Photo by Indianz.Com (CC BY-NC-SA 4.0)

Environment | Federal Recognition | Law | National

Ramapough Lenape Nation sees some support from Trump administration

Monday, April 22, 2019

The Trump administration is supporting the Ramapough Lenape Nation in a religious freedom case in New Jersey.

The Department of Justice, however, is not taking sides in the tribe's lawsuit against the township of Mahwah. At issue is whether the tribe can use its ancestral land for religious purposes without seeking a town permit.

Instead, government attorneys say the tribe's rights claims under the Religious Land Use and Institutionalized Persons Act are "ripe for adjudication." The lawsuit should go forward, according to a statement of interest filed on March 18, without first forcing the tribe to apply for a permit.

“RLUIPA protects the rights of all religious communities to worship on their land free from discriminatory barriers and unlawful burdens,” U.S. Attorney Craig Carpenito for New Jersey said in a news release. “Our office will continue to vigorously enforce the rights guaranteed by RLUIPA and take steps to ensure that it is applied correctly in our district.”

The case, known as Ramapough Mountain Indians, Inc. v. Township of Mahwah, is pending in federal court. It's separate from a lawsuit in which the tribe is being sued in state court over the activities at the Split Rock Sweetwater Prayer Camp.

The tribe owns the land but its lack of federal recognition leaves room for the town to assert jurisdiction there. The acknowledgment issue is not mentioned anywhere in DOJ's statement of interest but the tribe welcomes the filing nonetheless.

“We are more than pleasingly surprised by the Trump administration’s support,” Chief Dwaine Perry told The New York Times. “It’s on a path to redemption.”

A trial in the state court lawsuit was due to start on Monday but was postponed. It's scheduled to begin on Tuesday, according to a post on social media.

The court activity comes amid a new era of Indian policy in New Jersey. Last month, Attorney General Gurbir S. Grewal (D) announced that the Powhatan Renape Nation and the Ramapough Lenape Nation are once again considered to be recognized under state law.

“Let there be no ambiguity. Through this settlement, New Jersey affirms the status of both the Powhatan Renape Nation and the Ramapough Lenape Nation as American Indian tribes recognized by the state,” Grewal said in a press release.

During the administration of former governor Chris Christie, a Republican, the state claimed no tribes were acknowledged under New Jersey law. After Grewal and Gov. Phil Murphy, another Democrat, came on board, they reached a settlement with the Nanticoke Lenni-Lenape Tribal Nation which reaffirmed the tribe's status and paved the way for others to be treated similarly.

“For some reason, one governor said, ‘You know what, there are no more Indians in New Jersey, you guys don’t exist,’” Pastor Roy Bundy, a representative of the Powhatan Renape Nation, told The Times.

State recognition has no bearing on federal status. But a number of federal laws, including 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.