WASHINGTON ? Assistant Secretary for Indian Affairs Neal McCaleb has issued a proposal to deny federal recognition to two branches of the Nipmuc and a final determination against the Duwamish.
The Clinton administration approved the tribes’ federal recognition application.
The Nipmuc Nation of Sutton, Mass., the Webster-Dudley band of Chaubunagungamaug Nipmuck and the Duwamish of Washington state failed to meet all the criteria for federal recognition, as stated by McCaleb.
His predecessor, Mike Anderson, who acted as the assistant secretary after the resignation of Kevin Gover, approved the recognition at the 11th hour of the Clinton administration.
Anderson made the recommendation against the advice of the BIA staff, and after a review by the solicitor’s office, which coincided with the staff, McCaleb issued his decision.
‘The acting Assistant Secretary for Indian Affairs’ proposed decision did not provide an explanation for his proposed modifications to the recommended decision,’ McCaleb stated.
The tribes, he stated, ‘does not meet the requirements for a government-to-government relationship with the United States.’
Anderson’s decision on the Nipmuc Nation was made Jan. 19, 2001, but as of the next day the Bush administration placed a memorandum that froze pending matters from the previous administration that delayed the posting of the decision on the Federal Register.
Anderson found the Duwamish met all of the seven criteria for becoming a federally recognized tribe. But, based on the solicitor’s office information, McCaleb determined three of the seven tribes’ required criteria were not properly supported.
He stated the tribal organization could not prove a continuous political authority as a tribal entity. The Duwamish could not prove it was part of the tribe that signed the 1855 treaty, and any evidence of the Duwamish Tribal Organization did not prove it maintained a political government or historic line as a continuous organization.
The Duwamish claim Chief Seattle as an ancestor. The tribe lived in the Seattle, Wash., area. They have attempted federal recognition since 1979.
Chairwoman Cecile Hansen said she was shocked at McCaleb’s decision. ‘We have come too far, worked too hard for the Duwamish tribe to stand for this kind of shabby treatment,’ she said.
An argument against federal recognition by the government stated that today’s Duwamish tribe is different from that prior to 1915. The Branch of Acknowledgment and Research focused on a 10-year period from 1915 to 1925.
Tribal officials said they could fill in the gaps the BAR stated that existed with church records, news accounts and family trees.
Today’s tribe claims 500 members.
Both Nipmuc branches said they would submit additional materials during the 180-day comment period that would support their petitions for recognition.
Even so, the Nipmucs of Sutton called the reversal ‘yet another emotional insult.’
In a prepared statement, the tribe said it is consulting with attorneys about ‘possible courses of action in this respect, in the near future.” It did not elaborate.
The Chaubunagungamaug band had been researching for additional documentation that would prove its case for federal recognition. A spokesman for the band said there was new information that would prove its position as a tribe.
The setback puts a damper on a potential gaming enterprise for the Nipmucs of Sutton. The band claims to have historic roots in Massachusetts, Rhode Island and northeastern Connecticut. Lakes Gaming Inc. of Minnesota signed a seven-year contract with the band to build a casino. Property in Sturbridge, Mass., and Union, Conn., has been targeted with opposition from both communities.
Criticism with the current process ranged from problems with standards used in meeting the recognition criteria, to the ability of the BIA to objectively make a determination regarding acknowledgment.
Under its regulations, the BIA bases its decisions on whether an applicant meets seven criteria: 1) the identification of the petitioner as American Indian from historical times; 2) demonstration of a community from historical times; 3) demonstration of political influence; 4) evidence of a governing system; 5) a list of tribal members; 6) that current members are not members of any other tribe; and 7) that the petitioner was not formally terminated by the government.
‘There are a number of concerns with the department’s recognition practice under the acknowledgment regulations,’ said Mark Tilden, an attorney with the Native American Rights Fund.
‘Even before the present departmental process was established in 1978, there was doubt that the department and the BIA could deal fairly with applicants for recognition.’
To address some problems with the current process, Sen. Ben Nighthorse Campbell, R-Colo., and vice chairman of the Senate Committee on Indian Affairs, is pushing for legislation to replace the current criteria and standards for acknowledgment used by the Department of Interior with new procedures mandated through legislation.
Not only would his legislation replace existing criteria, it would also establish an independent commission to ‘review and act upon petitions submitted by American Indian groups that apply for federal recognition.’
If this legislation were to become law, a new body, outside the BIA, would have authority to provide recommendations on acknowledgment.
While the department admits it has failed to properly address current problems within the process and that legislation is needed, it feels it should retain the ability to provide recommendations for recognition.
Sen. Campbell also says too many tribes are attempting to bypass the administrative process by seeking recognition through Congressional legislation.
From the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act, to the Lower Muscogee-Creek Indian Tribe of Georgia Recognition Act, to the Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act, groups from all over the country are standing in line to be recognized by the federal government through individual legislative measures.
‘We need to get a handle on this situation,’ Campbell said. ‘I think there is a serious problem with the current process which needs to be fixed, but doing it one tribe at a time is no way to go.’