indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Ruth Garby Torres: Truths about tribes and federal recognition

Filed Under: Opinion | Recognition
More on: bia, connecticut, ruth garby torres, schaghticoke
     

Ruth Garby Torres, a member of the Schaghticoke Tribal Nation of Connecticut, addresses criticism over the federal recognition system:
Contrary to what you may hear from public officials in Connecticut, there will still be many obstacles for tribes petitioning under the proposed changes to the acknowledgment process and beyond that process.

Back in 2005 when many of these same public officials were running around with their hair on fire because the Schaghticokes and Eastern Pequots were federally recognized, the U.S. Supreme Court decided the City of Sherrill vs. Oneida Indian Tribe case.

To be clear, I am not a lawyer, legal scholar or expert but anyone can find explanations of this case in plain English. In short, the Oneidas legally purchased private properties in New York, which the City of Sherrill wanted to tax. The court held that, “Given the longstanding, distinctly non-Indian character of central New York and its inhabitants, the regulatory authority over the area constantly exercised by the State and its counties and towns for 200 years, and the Oneidas’ long delay in seeking judicial relief against parties other than the United States, standards of federal Indian law and federal equity practice preclude the Tribe from unilaterally reviving its ancient sovereignty, in whole or in part, over the parcels at issue.”

Yes, that was plain English. Plainer still are my words – Connecticut land owners can relax now. You can thank Justice Ruth Bader Ginsburg. Even if tribes here have legitimate claims to dispossessed land that you now call home or if tribes purchase land in the future, tribal sovereignty will not automatically be restored on those lands.

With the reform of the recognition process, tribes still retain the burden of satisfying rigorous criteria demonstrating that they have survived against the many pressures of annihilation and assimilation. And even upon recognition, there is no guarantee of land, of tribal governmental authority over land, and certainly no guarantee that gaming development would be either permissible or economically practical.

Get the Story:
Ruth Garby Torres: Six things you did not know about the federal acknowledgment of Indian tribes (The Connecticut Mirror 6/3)

Federal Register Notice:
Federal Acknowledgment of American Indian Tribes (May 29, 2014)

Relevant Documents:
Proposed Rule | Press Release | Comparison Chart (comparing current rule to proposed rule) | Response to Comments on June 2013 Discussion Draft | Frequently Asked Questions

Related Stories:
Washington tribes could get another shot at federal recognition (6/2)
Comment period on BIA federal recognition closes on August 1 (5/29)
Editorial: Connecticut tribes deserve to be respected in state (5/29)
Interview with Kevin Washburn on federal recognition reforms (5/27)
Editorial: BIA shouldn't be altering federal recognition process (5/27)
BIA plans separate meets for recognized, non-recognized tribes (5/26)
Little Shell Chippewa Tribe welcomes federal recognition reform (5/23)
Federal recognition reforms might not help tribes in Connecticut (5/23)
BIA announces regulation to reform federal recognition process (5/22)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Effort builds for missing and murdered Native women and girls (6/29)
Native talent among diverse group asked to join film academy (6/29)
Richard Peterson: New era of tribal-state cooperation in Alaska (6/29)
Mark Trahant: A Native champion on the ballot in South Dakota (6/29)
Lakota Country Times: Outdoor movies a success at Pine Ridge (6/29)
Delphine Red Shirt: American history ignores tribal perspective (6/29)
Gabe Galanda: The growing chorus against tribal disenrollment (6/29)
Woman from Crow Tribe dies after brutal attack on reservation (6/29)
Man charged with murdering girlfriend on Fort Peck Reservation (6/29)
Nooksack Tribe fires elder who spoke out against disenrollment (6/29)
Mashpee Wampanoag Tribe gets ready for 95th annual powwow (6/29)
Citizen Potawatomi Nation members serve on city commission (6/29)
A Tribe Called Red goes to Alaska next month for Native benefit (6/29)
Sorry but DNA tests cannot confirm a person's Native ancestry (6/29)
Church denies connection to vandalism at Otomi site in Mexico (6/29)
Former Choctaw Nation casino worker gets two months for theft (6/29)
Tohono O'odham Nation shares $1.2M from controversial casino (6/29)
Grande Ronde Tribes consider hotel but not a casino at old track (6/29)
Meskwaki Tribe looks for fugitive reportedly seen at casino hotel (6/29)
Supreme Court puts an end to another tribal jurisdiction dispute (6/28)
Native women hail Supreme Court decision on domestic violence (6/28)
Navajo Nation leaders reflect on historic Supreme Court session (6/28)
Lakota Country Times: Runners take 500-mile Black Hills journey (6/28)
Mark Trahant: Navajo Republican drops out of race for Congress (6/28)
Brandon Ecoffey: Oglala Sioux Tribe must update its constitution (6/28)
Editorial: Lakota treaty council supported work at Wounded Knee (6/28)
Alex Jacobs: Our elected leaders do little to address gun violence (6/28)
St. Croix Chippewa Tribe ousts 10 people from rolls amid debate (6/28)
Film exposes police harassment of Mashpee Wampanoag Tribe (6/28)
Northern Arapaho Tribe asserts more control over health system (6/28)
Trump rehashes 'Pocahontas' slur as Warren hits road for Clinton (6/28)
Schaghticoke Tribal Nation still fighting for recognition and casino (6/28)
Mashpee Wampanoag Tribe casino foes lose big source of funding (6/28)
Big Sandy Rancheria remains optimistic on plan for second casino (6/28)
Little River Band credited with sharing $30.4M in casino revenues (6/28)
Editorial: Let's leave gaming to tribes and kill Arkansas casino bid (6/28)
Supreme Court deals setback to tribes in labor sovereignty dispute (6/27)
Washington tribes win major fishing rights decision at appeals court (6/27)
Shinnecock Nation hits the end of the line with ancestral land claim (6/27)
Supreme Court won't hear Pauma Band compact negotiation case (6/27)
Witness list for Senate Indian Affairs Committee hearing on 3 bills (6/27)
Lakota Country Times: Teams compete for Indian horse relay title (6/27)
Native Sun News: Rebuilding the Lakota Nation through education (6/27)
Vi Waln: Don't be afraid to come pray with your Lakota relatives (6/27)
Clara Caufield: Out fishing on the Upper Boulder River in Montana (6/27)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.