BIA rejects Schaghticokes, Eastern Pequots
Associated Press
October 12, 2005
STAMFORD, Conn. -- Two Connecticut Indian tribes lost their bids for
federal recognition Wednesday, a decision that will bar them from
building casinos in a state that is already home to two of the
world's largest Indian gambling resorts, officials said.
The federal Bureau of Indian Affairs notified the Schaghticoke and
Eastern Pequot tribes that their latest petitions for recognition
were rejected.
The BIA initially granted recognition to both tribes, but an agency
appeal panel overturned both rulings last May. The U.S. Department of
the Interior upheld that reversal Wednesday.
Federal officials said the tribes did not meet two of the seven
mandatory requirements for federal recognition, including gaps in the
tribes' history.
The Schaghticokes failed to meet the criteria from 1997 to the
present because numerous Schaghticoke Indians refused to be members
of the Schaghticoke Tribal Nation, federal officials said.
Schaghticoke Chief Richard Velky said his tribe has been recognized
by the state and other tribes since 1736. He said the tribe "more
than likely" will appeal the decision to a federal court.
"There is no fact-based reason to overturn our recognition as our
genealogy is unquestionable, and our petition is strong," Velky said.
In the case of the Pequots, officials cited insufficient evidence of
political authority or influence for the period 1913 to 1973 and the
division of the historical Eastern Pequot into two groups since the
1980s.
Attorney General Richard Blumenthal, a critic of federal recognition
procedures, praised the decision.
"This milestone result closes a chapter, hopefully the book, on the
fatally flawed recognition efforts," he said. "It is a historic win
for Connecticut because it will bar a third casino and needless,
unfounded land claims."
The Schaghticokes expressed interest in building a casino, possibly
in Bridgeport. The move drew opposition because of severe traffic
congestion in the region.
"Blumenthal and I agree on one thing: There is something corrupt
here," Velky said. "You can't tell me politics isn't tied into this
some place along the line."
The Eastern Pequots also were weighing an appeal.
"Today's decision is a disappointment, but it is far from the end of
the long struggle to confirm the heritage we know is ours," Eastern
Pequot Chairwoman Marcia Flowers said. "It's clear to us that a
process created to be above politics has been completely derailed by
politicians and our people will pay the price for that corruption."
Blumenthal and other opponents of the federal recognition of the
tribes have blasted the BIA's process, saying it has been corrupted
by billion-dollar gambling interests.
The attorney general said no tribe has successfully appealed a
rejection in federal court.
Federal recognition gives Indian tribes access to federal funding for
education, health care and housing. It also makes tribes eligible to
operate casinos and could bolster land claims.
Gov. M. Jodi Rell also welcomed the decision.
"The cloud of these petitions - and the associated land claims - is
lifted," Rell said. "If, however, the tribes insist upon continuing
this battle by appealing in the federal courts, we will vigorously
fight the appeals."
Velky said the tribe would continue to pursue claims to about 2,200
acres of mostly undeveloped land near the reservation in Kent,
including part of the Appalachian Trail.
The federal agency granted the Kent-based Schaghticokes federal
recognition in January 2004, two years after giving similar approval
to the Eastern Pequots of North Stonington.
State officials appealed both recognition decisions, arguing that the
tribes had substantial gaps in evidence related to their social
continuity and political governance. Among the factors that led to
the reversal was the BIA's reliance on state recognition to fill gaps
in the tribes' histories.
Connecticut is already home to two of the world's largest casinos,
both run by federally recognized tribes, the Mashantucket Pequots and
the Mohegans.
About six other groups in Connecticut have petitioned for federal
recognition, Blumenthal said.
···
---
Associated Press writer Susan Haigh in Hartford contributed to this
story.
Timeline of Eastern Pequots and Schaghticoke petitions
October 12, 2005
Following is a timeline of the Eastern Pequot and Schaghticoke
Tribe's bids for federal recognition:
-- June 1978: The Eastern Pequot Tribe files a letter of intent to
petition for federal acknowledgment with the Bureau of Indian Affairs
(BIA). A documented petition was filed in May 1989.
-- December 1981: The Schaghticoke Tribe files a letter of intent. A
documented petition was filed in December 1994.
-- June 1989: The Paucatuck Eastern Pequots file a letter of intent.
A documented petition was filed in April 1994.
-- April 1998: The BIA notifies the Eastern Pequots and Paucatuck
Eastern Pequots it will consider petitions together.
-- January 2001: The state and towns of North Stonington, Preston and
Ledyard file a lawsuit against the BIA for failing to provide
documents and for other alleged violations of law.
-- April 2002: The state, town of Kent, Kent School Corp. and
Connecticut Light & Power file comments opposing Schaghticoke
petition.
-- June 2002: A final determination is issued,
acknowledging "Historical Eastern Pequot Tribe."
-- September 2002: The state, North Stonington, Preston and Ledyard
file request for reconsideration.
-- December 2002: The BIA issues a proposed finding, rejecting
Schaghticoke acknowledgment.
-- January 2004: The BIA issues a final determination acknowledging
the Schaghticoke Tribe.
-- May 2005: The BIA is required to reconsider recognition decisions
for both Eastern Pequots and Schaghticokes.
-- October 2005: The BIA denies recognition for the two tribes.
Source: Connecticut Attorney General.