Senator William H. Nickerson (R-Greenwich) joined with other Connecticut legislators in submitting the following testimony for a hearing held on Wednesday, May 5 th in Washington before the Government Reform Committee, chaired by Tom Davis.
U.S. HOUSE COMMITTEE ON GOVERNMENT REFORM
"BETTING ON TRANSPARENCY/TOWARD FAIRNESS AND INTEGRITY IN THE INTERIOR DEPARTMENT'S TRIBAL RECOGNITION PROCESS"
We appreciate the opportunity to submit this testimony on federal tribal recognition. Increasing evidence of the improper effect of money and politics on the Bureau of Indian Affairs (BIA) tribal recognition process cannot be ignored and demands reform. We support the committee's investigation into this matter and hope that the end result will be an improved process with increased accountability and fairness to all concerned.
As state legislators from Connecticut, we are particularly concerned with the BIA's shocking decision to grant recognition to the Schaghitoke Tribal Nation. This decision was contrary to the findings and recommendations of the BIA's own staff, contrary to established BIA precedent, and contrary to the clear facts of the case.
An investigation by the Attorney General of the State of Connecticut has found evidence that, despite staff's recommendation that recognition be denied, the BIA was determined to recognize the Schaghitoke Tribe and solicited support for this conclusion in order to shroud its decision in false legitimacy. Staff found that the Schaghitokes could not satisfy two of the seven established criteria for recognition, (1) a history of living as a distinct community and (2) the exercise of political autonomy. In order to compensate for this gaping hole in the evidence, the BIA relied on state recognition as support for federal recognition.
State recognition is not related to federal recognition and has never been a criteria for federal recognition. In fact, the BIA acknowledged that by substituting state recognition for its own established criteria, it was lessening the standards for federal recognition.
In essence, the BIA made up new law in order to fit the facts of this one case and arrive at the result it wanted, i.e. federal recognition for the Schaghitokes. An agency that makes up the law as it goes along and ignores facts as well as its own staff's recommendations has lost all legitimacy and any claim to the public trust. The BIA acted capriciously and deprived other interested parties of equal protection under the law.
There is increasing evidence that the root cause of the irregularities at the BIA is money and conflicts of interest. Too many senior staff at the BIA have ties to Indian tribes or organizations that work for or with Indian tribes. Too much money is being poured into lobbying on behalf of tribes by third parties who are only interested in manipulating the recognition process in order to benefit from the economic windfall of casino gaming. This situation cries out for Congressional action.
The impact of federal recognition on local communities can be overwhelming. Federal recognition creates a quasi-sovereign nation within a state and town. A federally recognized tribe is exempt from most of the laws that protect land and natural resources as well as the public health and welfare, including land use and environmental regulation and labor laws. Given the profound implication of federal recognition, the public is entitled to an oversight agency that is fair and impartial and upholds the law, not one that bends the law to reach a predetermined outcome.
Although federal recognition has a significant and direct impact on local communities, state and local officials have little involvement in the recognition process. The federal government has exclusive jurisdiction over tribal recognition. States may do no more than comment on a recognition petition and yet, when recognition is granted, it is the local community that must deal with the social and economic repercussions.
On behalf of our constituents, we ask that Congress impose a moratorium on all pending BIA applications and appeals affecting Connecticut and conduct a full investigation into the BIA's actions. Long-term reform requires the establishment of a truly independent nonpartisan agency to make recognition decisions. This will remove the inherent conflict that currently exists between the BIA's role as advocate for Native Americans and its role as neutral decision maker in recognition cases. Such an agency should be given the authority to rule on all pending petitions and appeals. States and local communities should be given an active role in the recognition process with an equal right to all information submitted. Only an independent recognition process that includes all interested parties in the decision making and that is open and fair to all will restore the public's trust.
We thank you for the opportunity to submit this testimony and look forward to working with your committee to reform the tribal recognition process in a way that will make it fair and impartial and free from the undue influence of outside interests. |
