The public has until August 1 to comment on changes that the Department of the Interior proposes for recognizing Indian tribes.
The new rules have been proposed to change a system that officials of the department say is broken and arbitrary. It has, say critics, unfairly prevented many tribes from recognition.
“Reform of the process is long overdue,” said Assistant Secretary Kevin Washburn recently in a statement. “One of my first assignments at the Department was to search for ways to improve the federal recognition process and address long-standing criticisms of those regulations. This initiative is the product of substantial tribal consultation and public comment, and we are grateful for the broad public interest in this reform effort and the helpful guidance we have received from tribes and the public.”
Under the new rules tribes that were previously turned down for recognition would be able to reapply but only under special circumstances.
Tribes would be able to demonstrate their historical existence by submitting a “brief narrative.” Some tribes say that is unfair to tribes that only have an oral tradition.
The department would be able to issue recognition much easier as long as no negative comments have been received by nearby entities.
Although some tribes object to making it easier for a tribe to reapply for recognition after being turned down once, the Eastern Pequot Tribal Nation of Connecticut argues that it would give tribes such as theirs a second chance at a fair hearing. They object to statements by Connecticut officials arguing that they shouldn’t be allowed to a “second bite at the apple.”
“This is a tribal nation’s pursuit of justice and its commitment to do so through legal means,” wrote the tribe in a letter to the department.
The state’s governor and one of its U.S. senators have both appealed to President Obama because they fear that the Eastern Pequot will try to obtain the right to build a casino if it is not stopped.
