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FEBRUARY 26, 2001

Its been a rough year of criticism and scrutiny but the dozen or so anthropologists, social scientists, historians, and genealogists at the Bureau of Acknowledgment and Research (BAR) are still busy working on the federal recognition petitions submitted by prospective tribes throughout the country.

Earlier this month, the BAR gave a status update of its enormous task load. Here's a quick review of what lies ahead for the Bureau of Indian Affairs in the coming months.

PETITIONS AWAITING A DECISION:
A petition filed by the Burt Lake Band of Ottawa and Chippewa Indians in 1985 is near a decision. If successful, the 600-member tribe would join other acknowledged Michigan tribes like the Grand Traverse Band of Ottawas and Chippewas (recognized 1980), the Match-e-be-nash-she-wish Band of Pottawatomi (recognized 1999) and others recognized legislatively.

A controversial petition is also in final review. The Golden Hill Paugussett Tribe of Connecticut, who filed for recognition in 1982, were turned down in 1998 but after a number of appeals within the Department of Interior, the BIA agreed to reconsider the petition.

The tribe had been represented by former Assistant Secretary Kevin Gover, who recused himself from the process. But allegations of conflict of interest have dogged him ever since he extended federal recognition to two other Connecticut tribes which critics say paved the way for his old client to prevail.

PETITIONS IN COMMENT PERIOD:
Speaking of Connecticut, the petitions of the Eastern Pequot and Paucatuck Eastern Pequot tribes, who filed jointly in 1978, are still in the comment phase. The BIA granted preliminary recognition in March 2000 and extended the comment period by another six months at the request of Attorney General Richard Blumenthal.

Comments are now being accepted until the end of March after which the tribes will have 60 days to respond. A lawsuit has been filed by Blumenthal and three towns challenging the preliminary recognition, however.

The comment period on the Steilacoom Tribe of Washington ended earlier this month after the tribe requested an extension. The 600-member tribe based was denied recognition under Gover in February 2000 after failing to meet four out of the seven mandatory recognition criteria.

The Little Shell Chippewa Tribe of Montana received recognition under Gover in May 2000 but requested an extension in order to address deficiencies. The proposed finding indicated lack of evidence to support at least three out of the seven criteria for all time periods in question.

PETITIONS PENDING:
The petitions of three tribes considered in the final days of the Clinton administration are under review because the Bush administration has placed a government-wide hold on all decisions not yet published in the Federal Register.

Under acting Assistant Secretary Michael Anderson, the Nipmuc Nation of Massachusetts was extended preliminary recognition in January while a related band of Nipmucs was denied. The proposed findings for these petitions, filed jointly in 1980, won't be published in the Federal Register until the staff of Secretary Gale Norton can finish reviewing them.

After being denied recognition by former Assistant Secretary Ada Deer in 1994, the Duwamish Tribe of Washington received a positive final determination under Gover last month. But since it wasn't published in the Federal Register, it is not yet official.

PETITIONS AWAITING FURTHER ACTION:
The United Houma Nation of Louisiana filed its petition in 1979 and was denied recognition under Deer in 1994. But two groups split off and wanted their petitions resolved separately.

The Biloxi, Chitimacha Confederation of Muskogees and the Point Au Chien Tribe each withdrew and are awaiting new decisions by the BIA based on the 1994 finding. The Houma Nation was found not to have satisfied three recognition criteria.

The Snohomish Tribe of Washington were denied recognition in 1983 but a number of factors, including a lawsuit with the federally recognized Samish Tribe, have kept their petition open.

THE COWLITZ PETITION:
Reams and reams of documentation sent by the federally recognized Quinault Nation have overwhelmed the BIA's research of the Cowlitz Tribe of Washington but they haven't prevented the tribe from prevailing.

After a final determination to recognize the tribe was published under Gover in February 2000, the Quinault Nation asked for a reconsideration of the decision the day before it was to become effective. It is now before the Interior Board of Indian Appeals (IBIA).

PETITIONS 'READY':
Eleven tribes are now considered "ready" for review by the BIA. These include the Mashpee Wampanoag Tribe of Massachusetts, the 15th to file for recognition, and the Piro/Manso/Tiwa Tribe of New Mexico, the fifth tribe to petition for acknowledgment.

The Schaghticoke Tribe of Connecticut, who filed for recognition in 1981, are also on ready status but a federal judge in Connecticut said he will make the call.

Read More Status Updates:
Summary Status of Acknowledgment Cases (BIA February 2001)