federal recognition

Senate Hearing on Federal Recognition Witness List

Matthew L.M. Fletcher

From the SCIA:

WASHINGTON, DC – U.S. Senator Byron Dorgan (D-ND), Chairman of the U.S. Senate Committee on Indian Affairs, announced Tuesday the panel will hold a congressional oversight hearing at 2:15 PM on Wednesday, November 4. The hearing will examine Department of Interior efforts to repair the federal acknowledgement process for Indian tribes.  It will also review proposals for improving the system.

Securing formal, federal tribal recognition is vital. It establishes a formal government-to-government relationship between the tribe and the U.S. government. Once federally recognized, a tribe has access to federal benefits and programs.

Yet, the acknowledgement process is broken and has been since it was established in 1978. Tribes routinely wait decades without getting a decision. Some tribes, including one tribe which will present testimony at the hearing, have been stuck in the federal acknowledgment process since 1978 with no decision. The prolonged process cost tribes funds urgently needed elsewhere, and denies tribes that are eventually recognized access to benefits and programs, often for decades.

Details follow:

WHO: U.S. Senate Committee on Indian Affairs, Senator Byron Dorgan, Chairman; Senator John Barrasso (R-WY), Vice Chairman, and other members of the committee.

WITNESSES: George Skibine, Acting Principal Deputy Assistant Secretary for Indian Affairs, U.S. Department of Interior; Frank Ettawageshik, Chair, Federal Acknowledgement Task Force, National Congress of American Indians; John Sinclair, President, Little Shell Tribe of Chippewa Indians, Havre, Montana; Ann D. Tucker, Tribal Chairperson, Muscogee Nation of Florida, Bruce, Florida;  and Patty Ferguson-Bohnee, Director, Indian Legal Clinic, Tempe, Arizona.

WHAT: Congressional oversight hearing

WHEN: 2:15 PM, Wednesday, November 4, 2009

WHERE: 628 Dirksen Senate Office Building, U.S. Senate, Washington, D.C.

WHY: To review Department of Interior efforts to repair the federal acknowledgement process for granting formal recognition to Indian tribes.

Second Circuit Rejects Schaghticoke Federal Recognition Appeal

Matthew L.M. Fletcher1 Comment

From Indianz:

The 2nd Circuit Court of Appeals won’t give the Schaghticoke Tribal Nation of Connecticut another shot at federal recognition.

The tribe accused state and local officials of exerting “improper political influence” on the Bush administration. But the court said tribe lacked sufficient evidence to back up the claim.

The Bureau of Indian Affairs initially backed the tribe by relying, in part, on the state’s continuous recognition of the Schaghticokes. The agency reversed course after a challenge from the state of Connecticut.

The tribe could ask the 2nd Circuit to rehear the case or take the battle to the U.S. Supreme Court. “Whenever you have a governor, two senators, three congressional members and the attorney general try to take your recognition away, it’s hard to think there is not political influence,” Chief Richard Velky told The Danbury News-Times.

Attorney General Richard Blumenthal warned the tribe not to take the case any further. “An appeal to the U.S. Supreme Court — the only recourse left — would be futile and foolish, and we will fight it vigorously,” he said in a press release

Continue reading →

H.R. 3690 — Federal Recognition Commission Bill

Matthew L.M. Fletcher1 Comment

Here it is — H.R.3690

Don’t know how this is different from 25 CFR Part 83, but it presumably would allow tribes denied under the FAP to get another shot. Also, since the administrative authority for the FAP is pretty thin, something like this bill may become necessary some day.

Miigwetch to E.O. for this.

Margaret Bailey Chandler to Enter Mich. Hall of Fame

Matthew L.M. Fletcher

From Indianz:

Margaret Bailey Chandler, a member of the Little River Band of Ottawa Indians who died in 1997 at the age of 67, will be inducted into the Michigan Women’s Hall of Fame.

Chandler’s work helped secure federal recognition for her tribe. She served as tribal historian and advocated for treaty and fishing rights.

“She had to fight for what she believed in, and look what she did,” granddaughter Valerie Chandler told The Muskegon Chronicle. “She made such a difference in so many people’s lives.”

The induction ceremony will be held October 21. Continue reading →

Schaghticoke Recognition Appeal to be Heard in Second Circuit

Matthew L.M. Fletcher

From ICT:

NEW YORK – Almost five years to the date after the BIA issued a devastating reversal of the Schaghticoke Tribal Nation’s federal acknowledgment, the 2nd Circuit Court of Appeals will hear oral arguments in the nation’s ongoing quest to restore its federal status.

The hearing will take place Oct. 8. The STN case is the last on a list of eight other cases to be heard that day.

The BIA recognized STN in a Final Determination Jan. 29, 2004, then reversed its decision on Columbus Day, Oct. 12, 2005, in an unprecedented Reconsidered Final Determination, taking away the federal acknowledgment of both the Schaghticoke and Eastern Pequot Tribal Nation.

While the Eastern Pequots have not challenged the reversal, STN has fought it since January 2006 through an Administrative Procedures Appeal in the U.S. District Court in New Haven. The appeal names the Interior Department and its top officials during the Bush administration as defendants.

Continue reading →

NY Gov. Paterson Endorses Shinnecock Recognition Petition

Matthew L.M. Fletcher

From the NYTs:

ALBANY — Gov. David A. Paterson has endorsed an Indian tribe’s bid for federal recognition, an important step for a tribe that wants to build the first casino in New York City or its suburbs.

Mr. Paterson is the first governor to make such a public embrace of the marathon effort by the Shinnecock Indian Nation to gain recognition. In a Sept. 22 letter to Ken Salazar, the secretary of the interior, the governor wrote, “to say federal recognition of the Shinnecock is long overdue would be an understatement” and called for the Obama administration to recognize the tribe, which is based in Southampton, N.Y.

Tribal leaders hailed his move as a key victory, because the federal government is in the final stages of considering the tribe’s application and might have been deterred without support from the governor.

“There have been a lot of things said about Governor Paterson in the media,” said Randy King, the chairman of the tribe. “Politics is a rough business. To us, he’s a man of principle.”

Continue reading →

Shinnecock Loses FOIA Case re: Federal Recognition Documents

Matthew L.M. Fletcher

Here is the order in this long-standing case denying the Shinnecock Indian Nation’s FOIA request for documents related to its federal recognition — DCT Order on FOIA Requests

An excerpt about the docs:

On August 15, 2008, the Nation filed a second amended complaint in this action, which added two claims, the fifth and sixth claims for relief, to the complaint. The subject of the instant Memorandum and Order is the sixth claim in the second amended complaint, which seeks to compel, under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, the full disclosure of two documents, the first of which is being withheld in its entirety and the second having been produced in redacted form by Interior (hereinafter, “the FOIA claim”). Specifically, Interior has invoked the attorney work product doctrine and the executive deliberative process privilege to withhold these documents from full disclosure, pursuant to 5 U.S.C. § 552(b)(5) (hereinafter, “Exemption 5”).

SCIA to Hold Hearing on Burt Lake Band Reaffirmation Bill

Matthew L.M. Fletcher

From Indianz:

The House Natural Resources Committee will hold a hearing on July 15 to consider federal recognition bills.

The agenda includes:

• H.R.2678 – Duwamish Tribal Recognition Act
• H.R.1358 – Burt Lake Band of Ottawa and Chippewa Indians Reaffirmation Act
• H.R.2576 – Chinook Nation Restoration Act
• H.R.3120 – Little Shell Tribe of Chippewa Indians Restoration Act

Since the start of the 111th Congress, the committee has considered bills to recognize the Lumbee Tribe of North Carolina and six Virginia tribes. Both bills were passed by the full House.

The committee also held a hearing on a bill to extend the policy of self-determination to Native Hawaiians.

Get the Story:

Burt Lake Legislative Backers View Casino as a Long Shot

Matthew L.M. Fletcher1 Comment

From the radio (?!?!), via Pechanga:

State Rep. Matt Lori reports that – after looking into the possibility of changing state gaming laws to allow the Burt Lake Band to establish an Indian casino in Sturgis – believes the chances are slim.

The Burt Lake Band has tried and failed to receive federal recognition as a tribe four times.  Without federal recognition, they are unable to establish a casino under state gaming laws.

At the request of local developers hoping to bring a casino and the jobs that come with it to the area, Lori agreed to investigate whether it is possible for the tribe to gain official recognition from the state, and modify current Michigan gaming laws to allow the project to move forward.  However, after consulting with legislative legal advisors and leaders in both the House and Senate, Lori said he did not believe it is a feasible option.

“I recognized the potential economic impact in terms of jobs and increased tourism a casino would bring to the area which is why I was willing to look into this issue, but it doesn’t seem possible at the current time,” said Lori, of Constantine.  “The legal hurdles combined with the dynamic in the Legislature are too much to overcome.”

Senator Cameron Brown previously said he believed it would not be possible to gain recognition from the state and modify gaming laws, and Lori’s investigation confirms that position.

“From my point of view it would be fruitless to continue pursuing legislation that has very little hope of succeeding at this time.  Rather than give people false hope, I think we need to move on to find another solution,” Lori said.

Lori said he is willing to meet with developers and city officials on how to best proceed.

California Court Refuses to Extend ICWA to Non-Recognized Tribes

Matthew L.M. Fletcher

Here is the opinion from the California Court of Appeals (3rd District) in In re K.P.

An excerpt:

We decline to extend the ICWA to cover an allegation of membership in a tribe not recognized by the federal government. Neither HHS nor the juvenile court was under a duty to comply with the notice provisions of the ICWA.