indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines

Printer friendly version
Sweeping recognition reform bill offered
FRIDAY, FEBRUARY 7, 2003

The leaders of the Senate Indian Affairs Committee introduced a bipartisan measure this week to reform federal recognition but unlike earlier proposals, the bill doesn't strip the Bureau of Indian Affairs of its role in the controversial process.

Instead, Sens. Ben Nighthorse Campbell (R-Colo.) and Daniel Inouye (D-Hawaii) want the BIA to establish a review and advisory board to help out when thorny disputes arise, as they have in recent years. This still conflicts with efforts currently underway to elevate the Branch of Acknowledgment and Research (BAR) to its own office.

But the bill addresses a key sticking point of former assistant secretary Neal McCaleb. Although his predecessor, Kevin Gover, backed Campbell's earlier attempt to strip the BIA of its recognition duties, he opposed such a move.

"Notwithstanding the instances of failure at the Bureau of Indian Affairs, I think it is still the most sensitive and aware agency within the United States government," he told Campbell back in June 2001.

In introducing the Federal Acknowledgment Process Reform Act on Tuesday, Campbell said it addresses "criticisms of the FAP by increasing the transparency, consistency and integrity of the process, and at the same time removes some of the bureaucratic hurdles that have caused the process to be too costly and time-consuming."

The review board, he said, will give credibility to federal recognition decisions. Composed of nine independent experts in anthropology, genealogy, law and history, the BIA can call upon them to resolve complex issues. With the exception of the historian, all are required to have doctorates in their field.

"The board will give the Assistant Secretary greater assurance in the soundness of his determination, and will provide a more solid foundation for any later appellate review," Campbell said.

Gover, a presidential appointee, was criticized for not always agreeing with BIA researchers who evaluate evidence by groups seeking federal status. In six separate instances, he determined that the tribes were deserving, despite holes in the historical record.

The bill affirms the right of the assistant secretary to overrule the researchers. Campbell last year asked the Department of Interior's attorneys to clarify that power.

Beyond the review board, the bill makes other significant changes. Appeals of recognition decisions would head straight to court instead of the Interior Board of Indian Appeals (IBIA).

The BIA will not be required to respond to Freedom of Information Act (FOIA) requests until a petitioner has submitted all paperwork and evidence. The bill authorizes the Department of Justice to assist in dissemination of public information and appropriates a total of $5 million over four years.

The BIA's fiscal year 2004 budget requests about $900,000 to carry out its recognition duties. The Campbell-Inouye bill beefs this up to $5 million a year from 2004 through 2013.

According to Teresa Rosier, the counselor to acting assistant secretary Aurene Martin, the Bush administration hasn't reviewed the bill yet. It was brought up at the United South and Eastern Tribes (USET) meeting in suburban Washington, D.C., on Wednesday.

Get the Bill:
Federal Acknowledgment Process Reform Act of 2003 (S.297)

Related Stories:
At BIA, no recognition of new tribes (2/5)
Trust programs see historic increase (2/4)
Troubled Indian programs prompt GAO criticism (01/31)
BIA recognition still hard to prove for some (01/22)
McCaleb latest in long line of DOI departures (11/25)
McCaleb changed, yes, but little else did (11/22)
McCaleb delivers aggressive recognition plan (10/03)
BIA role in recognition decisions under review (06/13)
Dropping performance blamed on weak leadership (04/08)
BIA Budget: Doing more with less (3/26)
Bush budget cuts funds for new tribes (3/20)
McCaleb takes on recognition (3/15)
Inside the BIA, plenty of drama (3/4)
Ashcroft urged to charge BIA officials (3/1)
Solutions sought for 'hijacked' recognition (11/9)
Gover: Recognition study 'cooked' (11/1)
Reforming federal recognition (10/26)
Gover takes on recognition (10/25)
McCaleb to listen 'closely' to recognition experts (8/9)
McCaleb decision sure to draw scrutiny (7/31)
BIA pushed to provide 'answers' on tribes (7/26)
McCaleb endorses BIA on recognition (6/14)
Gover's 'activist' legacy escapes McCaleb (6/13)
BIA has small goal for big problem (5/22)

Copyright © Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Tribes walk out of contract support cost meeting (8/29)
Clara Caufield: Northern Cheyenne Tribe spends $2.4M on property (8/29)
Mike Johanns: Retracing steps of great Ponca Chief Standing Bear (8/29)
Steven Newcomb: Racist mascot a sign of deeper problems in US (8/29)
Lauren Jones: Affordable Care Act benefits Native Americans too (8/29)
Gila River Indian Community to see $77.6M from Cobell buy-back (8/29)
Energy boom linked to rise in human trafficking in Indian Country (8/29)
Navajo man heads up Native American Homelessness Task Force (8/29)
9th Circuit hears case over Yakama Nation tobacco manufacturer (8/29)
WAER: ICWA matters handled in 'kangaroo courts' in South Dakota (8/29)
MPR: Red Lake Nation opposes liquor license near dry reservation (8/29)
Tule River Tribe helps remove marijuana operation on reservation (8/29)
Omaha Tribe signs agreement with EPA to improve utility services (8/29)
Las Vegas Paiute Tribe rejected 'gift' from NFL team's foundation (8/29)
KPLU: Spokane Tribe maintains close ties with baseball franchise (8/29)
Opinion: HUD loan program a small step to boost Indian housing (8/29)
DNA study finds distinct population of Native people in Arctic area (8/29)
Tribes closely watching Big Lagoon Rancheria casino land dispute (8/29)
Tohono O'odham Nation to build off-reservation casino in phases (8/29)
State questions Forest County Powatatomi Tribe's slot machines (8/29)
Quapaw Tribe eyes local support for commercial casino in Kansas (8/29)
Native Sun News: Police officers who shot Indian teen get medals (8/28)
Cara Cowan Watts: Laying the groundwork for college scholarship (8/28)
Rudolph Ryser: Indigenous nations need leverage to bring change (8/28)
DOI extends $100M in Cobell buy-back offers on two reservations (8/28)
Cobell buy-backs could return over 38K acres to tribe in Montana (8/28)
Five-year-old Navajo boy sent home from school for his long hair (8/28)
Three charged with murder for death of Mississippi Choctaw man (8/28)
Lummi Nation seeks cooperation after ruling in treaty rights case (8/28)
Artist Gregg Deal takes on Indian mascots for performance piece (8/28)
Sports announcer won't use Washington NFL team's name on air (8/28)
Recruiter from Spokane Tribe's college selected for Peirone Prize (8/28)
California tribes support release of water to benefit salmon runs (8/28)
Southern Ute Tribe invests $2B in big energy production system (8/28)
County hires lobbying firm to oppose federal recognition reforms (8/28)
Tohono O'odham Nation breaks ground for off-reservation casino (8/28)
Cherokee Nation starts construction on casino at Indian allotment (8/28)
Aquinnah Wampanoag Tribe responds to opponents in casino suit (8/28)
Jamul Band continues work on $360M casino after victory in court (8/28)
Editorial: Forest County Potawatomi Tribe ups ante in casino feud (8/28)
Ho-Chunk Nation launches outreach effort amid casino expansion (8/28)
Nebraska Supreme Court hears arguments over gaming initiative (8/28)
Tim Giago: Greedy lawyers and government ruin Cobell settlement (8/27)
Native Sun News: Facility in Montana set to house Indian inmates (8/27)
Gerald Gipp: National strategy needed to reform Indian education (8/27)
9th Circuit won't stop repatriation of Kumeyaay Nation ancestors (8/27)
Bill John Baker: Cherokee Nation puts youth to work for summer (8/27)
Gabe Galanda: Academia won't tackle tribal disenrollment issue (8/27)
Misty Lynn Ellingburg: 'Four Winds' is a literary magazine for us (8/27)
Declination rates for Indian Country crime steady for third year (8/27)
DOJ awards grants to address violence in Bakken energy region (8/27)
Another pipeline spills saltwater on reservation in North Dakota (8/27)
Navajo voters oust incumbent president Ben Shelly in primary (8/27)
Once rival factions of Chukchansi Tribe agree to 2015 election (8/27)
Three brothers on the ballot for Passamaquoddy Tribe election (8/27)
Daily Beast: Border Patrol runs free on Tohono O'odham Nation (8/27)
KTOO: Cook Inlet Tribe turns to video game to represent culture (8/27)
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.