An entire state delegation of legislators are proposing laws
that could indefinitely postpone the Amah Mutsun Indian tribe’s
petition for federal recognition and, with it, dreams of reclaiming
their ancestral lands.
An entire state delegation of legislators are proposing laws that could indefinitely postpone the Amah Mutsun Indian tribe’s petition for federal recognition and, with it, dreams of reclaiming their ancestral lands.
The seven-member delegation from Connecticut and its governor are demanding a freeze on all applications for tribal acknowledgment before the federal Bureau of Indian Affairs, the agency responsible for granting governmental status and land trusts to Indian tribes, until it clarifies criteria for recognition and institutes a series of other changes.
The Amah Mutsun petition for federal acknowledgment currently stands 13th in line for review by the BIA. Recognition represents the tribe’s first step in laying claim to the 6,500 acres of hills and streams that make up Sargent Ranch, although the rival council’s vying for control of the tribe have opposing visions for the land.
“It’s very disappointing,” said Val Lopez, chairman of one council who has said he wishes to see the bulk of Sargent Ranch preserved as open space. “They’ve really put up all kinds of barriers, hurdles for us. In 1991, when we applied for federal recognition, we knew at that time that it would be about 25 years before our petition was up for review. Currently, we see us having about 12 years remaining, according to the current process. I have no doubt that any revision to the BIA guidelines is just going to add additional years to the time when our petition will be recognized. It’s going to take years to (clarify) the criteria.”
Rival council chair Irenne Zwierlein, who has struck a land deal with a developer that would create homes on hundreds of acres of the ranchland, did not return calls for comment.
The Connecticut delegation’s demands follow immediately after BIA recognition of two tribes in the state was overturned. The U.S. Department of Interior’s Indian Board of Appeals last week repealed recognition of the Historical Eastern Pequot and Schagticoke tribes just two days after the Connecticut delegation testified before the Senate Committee on Indian Affairs. In its reversal, the appeals board said the tribes failed to meet certain criteria for recognition. It is the first time a BIA decision has been reversed.
“Simply put, I strongly believe that a number of troubling, profound problems exist within the entire federal tribal recognition process and that legislative reform of this process is long overdue,” testified Connecticut Governor Jodi Rell. “Let me unequivocally state that my concerns go directly to the issue of integrity and transparency of the recognition process itself, not to any particular tribe or their right to seek and receive recognition.”
The Eastern Pequot and Schagticoke tribes both had plans to create casinos in Connecticut, which already serves as home to Foxwoods and Mohegan Sun, two of the largest casinos in the country.
In addition to codifying recognition criteria, Connecticut lawmakers say the moratorium would allow time to:
– Eliminate the “revolving door” exemption that allows BIA officials to represent and lobby on behalf of groups seeking recognition immediately after they leave the federal agency
– Examine how the federal recognition process is affecting the ability of state and local governments to control local economic development, engage in long-term planning, and provide public safety services
“The process has been widely vilified, but in reality this latest step is part of the process, “said Dan DuBray, spokesman for the Department of Interior. “For those that follow federal acknowledgment, these decisions take a long time to develop. They review detailed documentation over a long time and ultimately, they are always controversial. Whether a tribe is approved or not, there is consternation on two or multiple sides of the issue.”
DuBray declined to comment about the Connecticut governor’s legislative proposals.
If introduced, the moratorium proposal could run counter to HR 512, a bill designed to fast-track review of 10 tribes whose applications have languished at the hands of the BIA for more than 15 years.
The bill, introduced in February by California Congressman Richard Pombo, R – Tracy, would force the BIA to make a final determination on the 10 tribal petitions within a year. If approved, HR 512 would leave the Amah Mutsun tribe third in line for review, shaving a decade or more off their current wait.
Matt Streit, spokesman for the House Resources Committee, said the committee has not received any legislation related to a moratorium on acknowledgment petitions. Any legislation affecting the BIA, including bills introduced in the Senate, would have to pass through the resources committee, which governs tribal affairs.
As chairman, Pombo controls the committee’s legislative agenda. Streit said it is too early to determine if a moratorium would gain the support of the congressman, who has set overhaul of the acknowledgment process at the top of his agenda.
“The recognition process for us definitely has its problems, but I also think the chairman feels it’s been unfair to tribes, which is what spurred HR 512,” Streit said. “I’m not sure the process for reform is exactly clear yet. These all would be subject matter to discuss when the time comes.”
