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Book subject of debate MAY 5, 2000 Jeff Benedict's new book about the Mashantucket Pequot Tribal Nation raises several questions about the Connecticut tribe who operate the world's largest casino. But the book may not have much of an effect on the tribe, their federal recognition, or their casino operations.

Without Reservation was released last week with little fanfare from its publisher, Harper Collins. But the book soon gained notoriety in Connecticut. Politicians, town officials, and lawmakers in the state have taken a closer look at the book and its allegations that today's Pequot tribe have no genealogical ties to the historic one. As for the Pequot themselves, their response so far has been short. The Tribal Council calls the book a "continuation of an anti-Indian agenda. The Tribe remains unified against anyone trying to define us." Whether or not one accepts the book's allegations, Indian law practitioners and scholars question its conclusion, which calls for revocation of the tribe's federal recognition. "Federal recognition [through the Bureau of Indian Affairs] is an incredibly complex process. But Congress' grant of recognition to the Pequot Tribe is entirely within their power to do so," said Lance Morgan, a Winnebago lawyer. Morgan was chief architect of the original gaming compact between the state of Connecticut and the Mohegan Tribe. In 1983, the Pequot tribe were granted federal recognition through the Mashantucket Pequot Indian Land Claim Settlement Act. Some tribes apply for recognition through the BIA. Two Connecticut tribes, the Eastern Pequots and the Paucatuck Eastern Pequots, recently received preliminary recognition in March. With recognition comes the establishment of a government to government relationship between a tribe and the US. A tribe and its members are also able to access services designated for Indian tribes, such as health care through the Indian Health Service. Historically, Congress has also revoked recognition. Under a practice known as termination, Congress ended the federal recognition status of tribes throughout the country. Termination ends all legal obligations to a tribe. The Menominee Nation of Wisconsin had their relationship terminated in 1954. The tribe fought for restoration and achieved their goal through the Menominee Restoration Act in 1973. According to the BIA, seven tribes have been recognized or restored through Congressional action. Congress' power to grant or revoke recognition is without judicial review, says Jason Spaulding, an Indian law scholar familiar with the recognition process for California tribes. Congress could end the US' relationship with a tribe, just as they might do a foreign state. But according to the Supreme Court, he says, laws such as the Pequot Settlement Act, "should be construed against termination unless there is no other possible meaning." Revocation is the last thing on Congress' mind. However, in the event that the Pequot no longer were federally recognized, that too may have little effect on the tribe and its casino operations. The Pequot have been state recognized since the the 1600s. "There is nothing legally preventing the state of Connecticut from dealing with the Pequot as a third party, like Donald Trump," said Morgan. Money seems a primary motivation. Foxwoods, the tribe's casino, paid $16.3 million to the state in April 2000 alone. Since beginning its slot machine operations in January 1993, the tribe has paid over $1 billion to the state. According to 1999 figures, the tribe is also the top business taxpayer in the nearby town of North Stonington. With total holdings of $17.8 million, the next largest was Fisher Controls International Inc., with $5.6 million. The CBS news program 60 Minutes II has scheduled a segment on Benedict and the Pequot on May 16. Buy the Book: Without Reservation : The Making of America's Most Powerful Indian Tribe and the World's Largest Casino - Amazon.Com Search our Site: Find all recent articles on the Mashantucket Pequot: