Winter 2003

stylized people

Federal Recognition Update

On December 5, 2002, the Bureau of Indian Affairs issued its Proposed Finding Against Federal Acknowledgement of the Schaghticoke Tribal Nation.

The Proposed Finding stated that the Tribe did not meet two of the required criteria that it must meet to establish that it is an Indian Tribe within the meaning of federal law.  The first criteria that the Tribe failed to meet was to show that that most of its members are a community that has existed from historical times until the present.  The second criteria that was not met was to show that the Tribe had had political influence or authority over its members since historical times.

The Proposed Finding noted that the Tribe had been recognized by the State of Connecticut. However, the Finding stated that there were

substantial periods of time, from the early 1800's until 1875 and from 1885 until the late 1960's, when the State did not deal with or identify formal or informal leaders of the Schaghticoke, and did not consult with members concerning issues which concerned the entire group.

This situation, according to the Finding, makes the Schaghticokes different from the Eastern Pequot Tribe, which was granted a Proposed Finding in favor of recognition earlier that year.

On January 21, 2003, the Bureau of Indian Affairs issued a Proposed Finding Against Federal Acknowledgement of the Golden Hill Paugussett Tribe.

This Proposed Finding stated that the Tribe did not meet three of the required criteria that it must meet to establish that it is an Indian Tribe within the meaning of federal law.  The first two criteria were the same ones that the Scghticokes were found not to have met.  The third criterion is that the Tribe's membership must be made up of descendants from a historical Indian tribe.  The Bureau had issued Proposed Findings in 1995 declining to acknowledge the Paugussetts because they had failed to meet that same criterion.  The Tribe requested reconsideration, which was granted, and filed a complaint under the Administrative Procedures Act asking the court to establish a date by which the Bureau would be required to issue its Findings.  The parties reached agreement on the timing question. The January decision is the result of the reconsideration.

Both the Schaghticokes and the Paugussetts are allowed to file additional material with the Bureau to show that they do in fact meet the criteria where the Bureau believed that they fell short.  The Mohegan Tribe's petition had been denied by the Bureau in a Proposed Finding before ultimately being granted.

Last fall, the Interior Department agreed to consider an appeal filed by Connecticut Attorney General Richard Blumenthal challenging the Bureau's decision to recognize the Historical Eastern Pequots.