Legislation repealing Schaghticoke recognition proposed
By Lolita C. Baldor, Associated Press Writer | March 4, 2005
WASHINGTON -- Facing nearly impossible odds, Connecticut Republicans are introducing legislation to repeal the Schaghticoke's tribal recognition.
Lawmakers described the move as a way to send a message to Congress about problems in the Bureau of Indian Affairs, but it also is contrary to previous arguments some have made about keeping politics and Congress out of recognition decisions.
It would be the first time Congress has rescinded a tribe's recognition since the 1960s when tribes actively sought to distance themselves from the U.S. government.
The legislative effort continues a storm of protests and legal battles over the BIA's decision to recognize the Kent-based Schaghticokes. The decision is being appealed to the Interior Board of Indian Appeals.
The bill is one of many introduced by the state's Congressional delegation in recent years to address or reform the recognition process. All have faced staunch opposition in Congress and have not gotten through the House or Senate.
Rep. Nancy Johnson, R-Conn., said in a statement that she introduced the bill because the BIA's decision to recognize the tribe was "erroneous and unlawful, and it simply cannot be allowed to stand."
The legislation, which was co-signed by Republican Reps. Christopher Shays and Rob Simmons, was endorsed by Kent and Danbury officials and immediately condemned by Schaghticoke Chief Richard Velky.
Velky said Johnson told the tribe in 1994 that it should not seek recognition through Congress.
"She said she would fight the move if we tried because there was a system in place that worked and we needed to use it," said Velky. "Now look who's running to Congress to try to get a legislative move."
Under a 1994 law, Congress can grant federal recognition to a tribe -- as it did in the case of the Mashantucket Pequots in eastern Connecticut -- and it can terminate a tribe's recognition.
But the law also said "Congress has expressly repudiated the policy of terminating recognized Indian tribes and has actively sought to restore recognition to tribes that previously have been terminated."
Since 1960, Congress has recognized 16 tribes and the BIA has recognized 32, according to the BIA.
Connecticut Attorney General Richard Blumenthal acknowledged that Johnson's bill may be an uphill battle but said he shares the goal of reversing the BIA's "fatally flawed and lawless" decision regarding the Schaghticokes.
The legislation was politely rebuffed by the state's two U.S. senators, who instead "intend to reach out to the new leadership of the Senate Indian Affairs Committee" to find a bipartisan way to reform the BIA process, according to Casey Aden-Wansbury, spokeswoman for Sen. Joe Lieberman, D-Conn.
The BIA granted the Schaghticokes federal recognition in January 2004, but the decision was appealed to the IBIA, which has agreed to expedite the process. The IBIA can uphold or overturn the BIA's decision, or refer an issue back to the agency for further review. Any party can then appeal the ruling in court.
Last week, Johnson, Simmons and Shays were scolded by IBIA Chief Administrative Judge Steven K. Linscheid for writing him a letter arguing against the Schaghticoke decision but not sending copies to the tribe and other interested parties as required by the repeal process.
In the letter, Linscheid also said he could not say when the IBIA will issue its ruling on the appeal. He noted that while the appeal has been expedited, it will not delay previous appeals, including one the state filed against the BIA's decision to recognize the Eastern Pequot Tribe, also of Eastern Connecticut.
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Last updated on March 05, 2005