FROM THE ARCHIVE
Recognition trust lands focus of hearing
Facebook Twitter Email
FEBRUARY 12, 2001

A field hearing on Indian issues in Connecticut attracted about 200 people to Hartford on Friday as tribal and local officials were joined by the public in airing their complaints and concerns before members of the state's Congressional delegation.

Organized by freshman Congressman Rob Simmons (R), the hearing brought out critics of federal recognition and trust land acquisition, two policies under attack throughout the country. But while the hearing sparked nearly seven hours of debate, it didn't seem to provide any answers to the tough questions now facing Simmons and Senator Chris Dodd (D-Conn), who announced last week he would propose legislation to reform the federal recognition process.

Just how the process might be reformed is one of those questions. Leaders of the Eastern Pequot Tribe, whose recognition is the subject of a lawsuit against the Department of Interior and the Bureau of Indian Affairs, spoke out against the attacks made by Attorney General Richard Blumenthal and the leaders of three towns.

"Our petition is at the point where the burden is on our opponent to submit any evidence they have against us," said tribal councilor Katherine Sebastian. "Now they want a moratorium and time to dismantle the whole system. There is no logic to putting us on hold at this stage, when we are waiting for our opponents to submit their evidence."

"Why stop the review process at a point where its very opponents have the opportunity to present their arguments?" Sebastian added.

Sebastian also questioned Blumenthal's request for $1.3 million in state funds to hire a staff to monitor the recognition process. Governor John G. Rowland turned down the request and Blumenthal has now turned to the state legislature.

"There is simply no precedent for a state official to step into a federal arena to duplicate staff and effort to create a mini-federal agency," said Sebastian. "Does he also intend to review other agencies' actions that he doesn't agree with, like the Justice Department?"

Blumenthal and the leaders of the towns of Ledyard, North Stonington, and Preston, meanwhile criticized the recognition process as unfair and broken. And although tribes like the Eastern Pequot have waited more than two decades to reach near-finality, North Stonington First Selectman Nicholas Mullane II said it wasn't unreasonable to call for a moratorium.

"All parties involved in the tribal acknowledgment process agree that it is badly in need of reform and suffers from serious defect," said Mullane. "Why then, should we allow such a process to continue to move forward?"

A series of final regulations which make it more difficult for tribes to take land into trust were also debated but for Blumenthal and the three towns, they won't address another one of their lawsuits. The state and the towns are challenging an Interior decision to take 165 acres of land into trust for the Mashantucket Pequot Tribal Nation but the Second Circuit Court of Appeals last fall ruled against them.

Tribal Chairman Kenneth Reels addressed the issue and didn't deny the tribe hopes to take additional parcels of land into trust in the future. But Reels said they would only seek to add land with no homes or with a low tax-base to their reservation.

Town leaders said they want legislation to prevent the tribe from taking land into trust forever. They have appealed their case to the Supreme Court and Blumenthal said, among other positions, they would argue the 1934 Indian Reorganization Act (IRA) doesn't apply to the tribe.

Drawing applause from part of the crowd, Reels also said his tribe has only sought to make "The American Dream" come true for his tribe and the local community. He also said the tribe is "always willing to talk" with their critics, an avenue which may be difficult for some of the towns since their leaders are prohibited by local ordinances from negotiating with the tribe.

The Paucatuck Eastern Pequot Tribe didn't attend the hearing, citing the pending lawsuit against the BIA. The public comment period on the two Pequot tribes ends in March.

Watch the Hearing:
US Congressional Field Meeting on Indian Affairs (CTN 2/9)

Relevant Links:
Sen. Chris Dodd - www.senate.gov/~dodd

Related Stories:
Where is the Pequot Map? (Tribal Law 2/8)
Trust land rule in limbo (Tribal Law 2/8)
Recognition reforms might not have an effect (Tribal Law 2/7)
Tribe wants to clarify land actions (Tribal Law 2/7)
Dodd calls for recognition reform (Tribal Law 2/6)
Tribe doesn't support recognition moratorium (Tribal Law 2/6)
Wampanoag recognition targeted (Tribal Law 2/5)