The Mackinac Bands of Chippewa and Ottawa Indians of Michigan are asking the Bureau of Indian Affairs to be treated as a federally recognized tribe.
The Mackinac Bands are considered a part of the federally recognized Sault Ste. Marie Tribe of Chippewa Indians. But the bands say they are a distinct and self-governing tribe.
The bands wrote a new constitution to reflect their status.
More than 200 years late — 31 if you count from the tribe’s petition — the federal government has acknowledged that the Shinnecocks of Southampton, Long Island, are an Indian tribe. Settling that question raises new ones. The Shinnecocks will almost certainly try to build a casino — they have been lobbying as hard for one as they have for recognition — but how big, and where?
The “where” is an especially interesting question. Casinos are usually built on reservation land. The Shinnecocks live on the East End of Long Island, a national depository of wealth, privilege and privacy. When the tribe jumped the gun a few years back and bulldozed part of its property for a bingo hall, the not-in-my-backyard opposition erupting from the dunes and privet hedges was ferocious. And that was just a skirmish.
That is probably why the Shinnecocks are exploring other sites in Suffolk County, at two New York racetracks and in the Catskills. But building an off-reservation casino is itself fraught with uncertainty and regulatory hurdles. The tribe could end up spending many years and lots of money chasing something that is a guaranteed winner only for lobbyists and consultants.
Casinos are also a magnet for tainted money and a handmaiden to addiction, crime and other social ills. That is why we would urge the tribe to spend its energy on finding other ways to leverage its valuable real estate.
A casino is, after all, only a means to an end — to economic vitality, greater respect, a better future for the tribe’s 1,000 members. The Shinnecocks are now in a much better position to pursue that dream. Lack of federal status did more than hamper the tribe’s quest for gambling riches. It also denied it access to federal programs for housing, health care and education.
The Shinnecocks have a long, proud history of self- governance, and advantages that poorer, more remote tribes can only dream of: geography, bargaining power and the support of state officials including Gov. David Paterson, who endorsed their quest for recognition. The good news on recognition would be even better if the tribe could foresee a future apart from slots and dice.
The Shinnecock Indian Nation ended its 30 year battle for federal recognition yesterday, with the Bureau of Indian Affairs approving the Long Island tribe’s petition. The small tribe of 1,066 people is located in Southampton, in the midst of wealthy beach communities.
This comes as a great victory for the Shinnecocks, who are one of the very few tribes who have emerged successful from the recognition process. Currently, there are 564 federally recognized tribes, and only 8 percent of these tribes have ever been individually recognized since 1960. Poor tribes with limited resources have trouble hiring lawyers, lobbyists, and consultants to guide them successfully through the process. The Shinnecocks paid at least $1.74 million since 2005 in their recognition effort.
The process is incredibly rigorous, with recognition standards often tautologically excluding groups whose conception of “tribe” differs from the federal governments. Many tribes, often Northeastern ones, do not fulfill requirements of “significant rates of marriage within the group” and relative isolation from nontribal members. Tribes historically situated near urban areas and those who have incorporated others as family have not been approved, most notably the Mashpee of Cape Cod.
Recognition criteria, as stated in 25 CFR 83.7, can be found here.
(Picture: Shinnecock oyster farming taken by Gordon Grant for the NYT.)
The Department of Interior today issued a positive Proposed Finding to extend federal acknowledgment to the Shinnecock Indian Nation. Under the federal consent decree governing the processing of the Nation’s petition, DOI must issue a final determination at some point between May 19 and November 13, 2010. (Given the consent decree terms, the date will likely be in the middle of this range.)
Congratulations should be extended to the Shinnecock Nation’s members and leaders, and the Nation’s team, all of whom have worked long and hard to get the federal bureaucracy to acknowledge what the Nation has always known (and what a federal court determined in 2005).
Of note, upon federal acknowledgment becoming effective, the Nation will be eligible to game under IGRA. The Nation’s Southampton, NY reservation, over which the State has continuously disclaimed jurisdiction, immediately will meet IGRA’s definition of Indian lands eligible for gaming.
Here is the latest opinion in Samish Indian Nation v. United States (Fed. Cl.) — Samish Ct Cl Order
An excerpt:
It is readily apparent that the federal government’s failure to treat plaintiff as a recognized Indian tribe between 1969 and 1996 deprived plaintiff of many of the federal benefits enjoyed by other federally recognized Indian tribes during that time period. However, the relief plaintiff seeks is not available in the Court of Federal Claims. Indeed, if plaintiff is lagging behind some of its sister tribes as a result of the deprivation of federal benefits, its avenue for relief is with Congress.
From the White House press release:
WASHINGTON – On Thursday, November 5th, 2009, President Obama will host the White House Tribal Nations Conference. As part of President Obama’s sustained outreach to the American people, this conference will provide leaders from the 564 federally recognized tribes the opportunity to interact directly with the President and representatives from the highest levels of his Administration. Each federally recognized tribe will be invited to send one representative to the conference.
President Obama said, “I look forward to hearing directly from the leaders in Indian Country about what my Administration can do to not only meet their needs, but help improve their lives and the lives of their peoples. This conference will serve as part of the ongoing and important consultation process that I value, and further strengthen the Nation-to-Nation relationship. “
President Obama meets with hundreds of Native American leaders when he hosts the White House Tribal Nations Conference Thursday. The event is for federally-recognized tribes. With that recognition, tribes are eligible for economic assistance, land, housing grants and other government benefits. The Brothertown Indians of Wisconsin had their application for formal recognition rejected, but they are appealing.”
Other administration officials expected to attend are: Interior Secretary Ken Salazar, Agriculture Secretary Tom Vilsack, Commerce Secretary Gary Locke, Labor Secretary Hilda Solis, HHS Secretary Kathleen Sebelius, Energy Secretary Steven Chu, Education Secretary Arne Duncan, EPA Administrator Lisa Jackson, Deputy Attorney General David Ogden, HUD Deputy Secretary Ronald Sims, DHS Deputy Secretary Jane Lute, Associate Attorney General Tom Perrelli, and Indian Health Service Director Dr. Yvette Robideaux The tentative schedule follows:
9:00–9:30 – Welcome and Opening Remarks
9:30–10:40 – Interactive Discussion with President Obama
10:45-12:15 – Interactive Discussion with Administration Officials
12:15–1:45 – Lunch
1:45-3:00 – Interactive Discussion with Administration Officials
3:15-4:45 – Interactive Discussion with Administration Officials
4:45-5:20 – Closing Remarks
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