Summer 2005

Federal Recognition Update

Schaghticoke Tribal Nation and the Historical Eastern Pequot Tribe:

On May 12, 2005, the Interior Board of Indian Appeals reversed the Bureau of Indian Affairs' (BIA) Final Decisions to grant federal recognition to the Schaghticoke Tribal Nation and the Historical Eastern Pequot Tribe. In finding that the Tribes had satisfied the seven criteria that must be met for federal recognition, the BIA relied extensively on the fact that both Tribes had been recognized over time by the State of Connecticut. The Appeals Board found that the BIA could look at evidence of state recognition, but that that evidence was not relevant or probative in meeting criteria (b) and (c). ("B" requires that a Tribe show that it is a "community that has existed from historical times until the present"; "c" requires that the Tribe has exercised political influence or authority during the same time period.)

With respect to criterion (b), the Board found that state recognition might show that the members of a Tribe were distinct from the general population at large. However, it concluded that state recognition had no value in showing whether there were consistent interactions or relationships within a Tribe. Therefore, state recognition in itself could not satisfy criterion (b). The Board had the same problem with criterion (c)-namely that state recognition could show that members of a Tribe held a separate identity from the rest of the population, but that it showed nothing about the internal operations of the group.

The Board sent the two cases back to the BIA for reconsideration in light of its analysis. It also instructed the BIA to pay attention to some other questions that it identified. The BIA has stated that it would take additional evidence on Indian-to-Indian marriages from the Schaghticoke Tribe on reconsideration, reversing its initial decision. Governor Rell has asked the Federal District Court not to allow the new information. Decisions in both cases must be issued on or before September 12.

Golden Hill Paugussett Tribe:

On October 18, 2004, the Appeals Board rejected the Golden Hill Paugussett's request to reconsider the BIA's denial of federal recognition for the Tribe. The Board decided that it lacked jurisdiction and sent the case to the Secretary of the Interior. In March, of this year, the Secretary of the Interior upheld the original decision of the BIA.