Eastern Pequots and Schaghticokes Denied Recognition
By Tara Fehr
WASHINGTON, Oct. 12 – After years of waiting, the Bureau of Indian Affairs denied federal recognition of the Eastern Pequot and Schaghticoke tribes Wednesday.
Such recognition would have allowed the tribes to build casinos.
Earlier, the bureau had granted recognition to the two tribes, but in May the Interior Department’s Board of Indian Appeals overturned this decision and sent it back to the bureau for reconsideration..
This time, the bureau held that petitioners for the two tribes failed to prove political authority or influence through selected time periods, two criteria for recognition, said Nedra Darling, a spokeswoman for the bureau.
Members of the Connecticut congressional delegation, including Reps. Robert Simmons R-2 nd , Christopher Shays R-4 th and Nancy Johnson R-5 th , and Sens. Christopher Dodd D-Conn. and Joseph Lieberman D-Conn., had opposed recognition, arguing that the process of the Bureau of Indian Affairs, or BIA, had flaws that resulted in the tribes being recognized in the first place.
“For far too long there has been a shadow cast over tribal recognition matters at the BIA as critically important criteria were treated in an almost ‘a la carte’ fashion,” Dodd and Lieberman said in a joint press release. “That’s unacceptable.”
The House members agreed.
“The decision correctly applies all seven mandatory criteria for federal recognition, a process which I support, and showed both tribal petitions failed on community and political authority,” Simmons said in a press release.
Shays described the decision as a victory for anti-gambling forces.
“The Schaghticokes and Eastern Pequots are not legitimate tribes, and today’s historic decision underscored that fact,” Shays said. “This is great news for the state of Connecticut and communities threatened by casino expansion.”
Two large Indian gambling resorts are already located in Connecticut.
Ernest Stevens Jr., chairman of the National Indian Gaming Association in Washington, D.C., said it’s not about betting, but history.
“I don’t think this is about Indian gaming,” Stevens said. “I think it’s about the historical relationship with these tribes.”
Calling the day “sad” and an “injustice,” Stevens suggested the decision was the result of political pressure stemming from the fact that the Schaghticokes were looking to open a casino.
“It sounds to me that the state is probably afraid of more gaming in their state,” said Ray Ramirez, editor and a corporate officer of the Native American Rights Fund. “They probably provided tremendous political pressure on the Department of [the] Interior and their congressional delegation to make sure that they were denied.”
Ramirez admitted he wasn’t familiar with this particular case but said the recognition process is generally difficult because many of these tribes don’t have the resources to prove their existence.
While the Connecticut congressional delegation found a victory in Wednesday’s decision, members still admit the recognition process needs more improvements.
“I certainly hope that these decisions indicate a new day for the BIA, but these decisions are far too important to merely hope for the best,” Dodd said. “That’s why I’m continuing the push for legislation authored by myself, Senator Lieberman and members of the Connecticut delegation in the House of Representatives that would ensure a fair process by which all tribal recognition decisions are made by the BIA.”
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