Summer 2002

people holding hands

Federal Recognition Update

On June 24, 2002, the federal Bureau of Indian Affairs granted federal recognition to the Paucatuck Eastern Pequots and the Eastern Pequots, recognizing the two entities as a single "historical Eastern Pequot Tribe." The groups had filed separate petitions and, on March 31, 2000, the Bureau had issued Proposed Findings recommending federal recognition of each group individually. See the Quinnehtukqut Legal News, Vol 4, Issue 1, for a discussion of the Proposed Findings.

In the Proposed Findings, which were identical in many areas, the Bureau found that there was not enough evidence in the existing record to decide whether the two Tribes were in fact a single Tribe after 1973. The Bureau did find that, whether there was one Tribe or two, there was enough evidence to give federal recognition. In reaching this conclusion, the Secretary placed great weight on the fact that the Eastern Pequots at the Lantern Hill Reservation had been recognized by the State of Connecticut since colonial times. The Tribes and other interested parties were invited to provide more evidence during the comment period on the question whether there were in fact two separate Tribes.

The Bureau concluded

that the evidence shows the existence of only a single tribe, the historical Eastern Pequot tribe, including the ancestors of both petitioners. This tribe was continuously recognized as a single tribe by the State of Connecticut since early colonial times and occupied a single state reservation. Although there are internal conflicts, and divisions which date from as early as the beginning of the 20th century, there is only one tribe within the meaning of the regulations....This determination does not merge two tribes, but determines that only a single tribe exists which is represented by two petitioners.

The Bureau placed great reliance on the fact the Eastern Pequots had been recognized as a Tribe by the State of Connecticut. It stated: The historically continuous State relationship provides additional evidence which exists throughout the time span but is most important during specific periods where the other evidence in the record concerning community and political influence would be insufficient by itself. The continuous State relationship, although its nature varied from time to time, provides additional evidence in part because of its continuity throughout the entire history of the Eastern Pequot tribe. The continuous State relationship with a reservation is not evidence sufficient in itself to meet the criteria and is not a substitute for direct evidence at a given point in time or over a period of time. Instead this longstanding State relationship and reservation are additional evidence which, when added to the existing evidence, demonstrates that the criteria are met at specific periods in time.

The Bureau noted that evidence supplied by the petitioners after the Proposed Findings were issued gave additional support to many of those original findings.

The decision becomes final 90 days after its publication in the Federal Register on July 1,2002, unless a request for reconsideration is filed. The petitions were opposed, but it is not known at the date of publication what steps might be taken by the Connecticut Attorney General or the towns of Ledyard, North Stonington or Preston. The Bureau has never reversed a final decision on recognition. There is still a lawsuit pending in federal district court in Connecticut over the Bureau's original Proposed Findings.