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Melia reports: "The Schaghticoke Indian Tribe leader believes its fortunes may soon be improving. As the U.S. Interior Department overhauls its rules for recognizing American Indian tribes, a nod from the federal government appears within reach."

Alan Russell, chairman of the Schaghticoke tribe stands on the reservation land in Kent, Conn.  (photo: AP/Jessica Hill)
Alan Russell, chairman of the Schaghticoke tribe stands on the reservation land in Kent, Conn. (photo: AP/Jessica Hill)

US Overhauls Process for Recognizing Indian Tribes

By Michael Melia, Associated Press

26 August 13


is tribe once controlled huge swaths of what is now New York and Connecticut, but the shrunken reservation presided over by Alan Russell today hosts little more than four mostly dilapidated homes and a pair of rattlesnake dens.

The Schaghticoke Indian Tribe leader believes its fortunes may soon be improving. As the U.S. Interior Department overhauls its rules for recognizing American Indian tribes, a nod from the federal government appears within reach, potentially bolstering its claims to surrounding land and opening the door to a tribal-owned casino.

"It's the future generations we're fighting for," Russell said.

The rules floated by the Bureau of Indian Affairs, intended to streamline the approval process, are seen by some as lowering the bar through changes such as one requiring that tribes demonstrate political continuity since 1934 and not "first contact" with European settlers. Across the country, the push is setting up battles with host communities and already recognized tribes who fear upheaval.

In Kent, a small Berkshires Mountains town with one of New England's oldest covered bridges, residents have been calling the selectman's office with their concerns. The tribe claims land including property held by the Kent School, a boarding school, and many residents put up their own money a decade ago to fight a recognition bid by another faction of the Schaghticokes.

Members of the state's congressional delegation also have been in touch with the first selectman, Bruce Adams, who said he fears court battles over land claims and the possibility the tribe would open its own businesses as a sovereign nation within town boundaries.

"Everybody is on board that we have to do what we can to prevent this from happening," he said.

The new rules were proposed in June by the Bureau of Indian Affairs, which invited public comment at hearings over the summer in Oregon, California, Michigan, Maine and Louisiana. President Barack Obama's administration intends to improve a recognition process that has been criticized as slow, inconsistent and overly susceptible to political influence.

Federal recognition, which has been granted to 566 American tribes, is coveted because it brings increased health and education benefits to tribal members in addition to land protections and opportunities for commercial development.

Tribes have been pushing for years for Congress or the Interior Department to revise the process.

"I am glad that the Department is proposing to keep its promise to fix a system that has been broken for years, leaving behind generations of abuse, waste, and broken dreams," wrote Cedric Cromwell, chairman of the Mashpee Wampanoag Tribe in Massachusetts, which was recognized in 2007.

The new rules will create tensions for host communities and some recognized tribes, according to Richard Monette, a law professor and expert on American Indian tribes at the University of Wisconsin. Tribes along the Columbia River in Washington state, for instance, will be wary of a new tribe at the river's mouth gaining recognition and cutting into their take of salmon. Tribes elsewhere fear encroachment on casino gaming markets.

"This is a big issue throughout the whole country," Monette said.

The salmon-harvesting Muckleshoot Indian Tribe in Washington state argues the new rules seem to lower the threshold for recognition. Tribal chair Virginia Cross wrote to the Interior Department that the changes, if approved, would lead to acknowledgment of groups of descendants who "have neither a history of self-government, nor a clear sense of identity."

In Connecticut, recognition has meant an entry into lucrative gaming markets. Russell, 67, said his 100-member tribe wants its own casino but not on its 400-acre reservation ringed by the Appalachian Trail. A business consultant for the tribe, Bill Buchanan, said it has spoken with potential investors and, assuming it wins recognition, would like to swap some land, team up with one of Connecticut's bigger cities and perhaps build a casino along a highway.

A rival faction of the tribe, the Schaghticoke Tribal Nation, is hoping the new rules breathe life into its own parallel bid for recognition. The larger STN had the backing of Subway founder Fred DeLuca, who was interested in building a casino in Bridgeport, and it won recognition in 2004. But that decision was reversed after state officials argued the tribe had gaps in evidence related to its historical continuity.

U.S. Sen. Richard Blumenthal said Connecticut's congressional delegation is united against changes that he said would have far-reaching ramifications for several towns and the entire state.

"Our hope is we can dissuade officials from proceeding with a regulatory step that would be very misguided because it would essentially eviscerate and eliminate key criteria," Blumenthal said.

Supporters of the rule change say it helps to remove unfair burdens. Judith Shapiro, an attorney who has worked with several tribes on recognition bids, said some have lost out because records were lost or burned over hundreds of years, and any tribe that was still together by 1934 had overcome histories of mistreatment and pressure to blend in with mainstream society.

But Nicholas Mullane, the first selectman in North Stonington, Conn., questions whether a Connecticut tribe whose members have played in the local little league and joined local churches should have the same standing as others. He is preparing to fight a renewed recognition bid by the Eastern Pequots, who have a small state-issued reservation in town.

"It's not like somebody in the West where you have a huge reservation and a government and they meet regularly," he said.

The Schaghticoke reservation dates to the mid-1700s, but it has been carved up to a tenth of its original size. As recently as 1960, Russell said, the town fire department would come out to burn down homes on the reservation when tribal members died to prevent others from occupying them.

When Russell's own house burned down in 1998, however, the townspeople from across the Housatonic River helped him to rebuild. Russell, who grew up hunting and fishing on the reservation, said if the tribe wins recognition it can work something out with the town on the land claims.

"That's what I want them to understand," he said. "We're not the enemy." your social media marketing partner


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+11 # reiverpacific 2013-08-26 09:33
Aye well, I'll believe it when it is a fait accompli.
They must be well aware of Red Cloud's words after years of war and betrayal with the US government and it's military enforcers.
"They made us many promises, more than I can remember, but they only kept but one; -they promised to take our land, and they took.”!!! -or pretty close to that general effect off the top of my head.
“What treaty have the Lakota made with the white man that we have broken? Not one. What treaty have the white man ever made with us that they have kept? Not one. When I was a boy the Sioux owned the world; the sun rose and set on their land; they sent ten thousand men to battle. Where are the warriors today? Who slew them? Where are our lands? Who owns them?....What law have I broken? Is it wrong for me to love my own? Is it wicked for me because my skin is red? Because I am a Sioux; because I was born where my father lived; because I would die for my people and my country?”
Sitting Bull (Tatanka layoté).
And finally, remember the 1972 Trail of Broken Treaties?
Careful brothers and sisters; the Wasichu have changed little!
I remember an old gold white miner I knew in Idaho putting it brutally but truthfully: "If the White man wants something of yours, he'll try to cheat you by buying it cheap, then maybe make you better offer but in the end, he'll kill you to get"!
+3 # Buda 2013-08-26 19:30
I've been following Indian affairs, particularly in the NE (6 Nations) for 20 years... It's been a sad documentary w/ little to lift the gloom. We worry about occupied Ireland, Poland, Tibet, Palestine, etc. but fail to take on our rightful & dreadful burden of blame owed for occupying Turtle Island.
+16 # nancyw 2013-08-26 10:17
The USA European descendants of this country owe much more than recognition to the First Nations. This pathetic need to 'prove' they're a real nation is disgusting. If they have a reservation, then they are a first nation that was once rounded up and cornered onto a plot of usually the worst land in the area so that the white man could take the best.

The US has a long way to go to make amends for their horrific treatment and ethnic cleansing history of those whose land we all live on today and for the most part, are ruining it.
+4 # reiverpacific 2013-08-26 12:54
BTW, ALL of my Indian friends in Oregon, Washington, Idaho, Montana and beyond UNIVERSALLY refer to the BIA as "The Bureau of Indian Assholes"!
I'm not making this up.
It has always been a a palliative nod of a department mostly run by whites to make it look (to other nations) like "See, We're taking care of our native brothers and sisters" whilst they lease off their few remaining lands to the extraction industries and white ranchers, including the sacred Black Hills (Paha Sapa, the Lakota and Cheyenne center of the world), leaving such a polluted mess that they are eventually deemed "National Sacrifice Areas", a nice way of saying Superfund sites without the funding and restoration considerations -for the gaping maw of the military or "National Security State".
I really don't expect anything different, given history as witness.
+3 # humanmancalvin 2013-08-26 16:22
My families tribe is recognized by one the states & in Quebec, Canada. I'd rather not mention which state.
State recognition is nice but it is many miles from being a federally recognized tribe. And no, not all tribes wish to open casinos.
Federal recognition gives a tribe the right to claim back some of the lands that were stolen from them years ago. There are also educational opportunities available & thinking of the children & those not yet born, this is at least to me extremely significant.
Maybe the most important thing about being recognized by the US of A is that finally you are given the respect & dignity of existing as a united people that had undergone trials & tribulations including the attempted decimation of a race of people by the very government that we have to beg so as not to be invisible.
The white mans road in this country is paved with the blood of natives, maybe its well past time to pay for some of that blood.
+4 # 2013-08-26 21:17
"Destruction of the California Indian, 1860-64, Round Valley, CA, reservation" is the approximate title of a masters thesis for CA State University, Sacramento, CA, 1968 or 1969, by Gary Eugene Garrett.

Half the thesis is history of treatment of Round Valley 'Indians' and assessment of white history of Native Americans, half a demographic study of Native Americans' population and survival in CA. He researched it in untouched boxes labeled "Indian Wars" in the basement of the CA State Library, at the recommendation of a sharp head librarian.

True decimation and shameless deception for gain occurred, plus cultural ignorance. Gary's thesis adviser required that he change his title from "Genocide..." to "Destruction... ".

I edited and typed it and recommend it. It has been cited in some books.

A powerful document and author. I salute him, my former husband, in writing this comment. His parents would not tell him, out of misplaced shame, that most of his known forebears were full or part 'Indian" from Quapaw, Oklahoma, Peoria, Illinois, and elsewhere. He later researched that.

Thank you for publishing this article. I am familiar with the BIA thru my own relatives.

--Lydia Blanchard, Santa Cruz, CA
+1 # Buda 2013-08-27 16:08
I am surprised at the paucity of comment on this article. How can folks read about this and not be moved to some effort to redress the inequity?

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