On the final day of a 90-day period to appeal the Bureau of Indian Affairs’ decision to grant federal recognition to the Pamunkey Tribe of Virginia, Stand Up for California, a nonprofit run by its sole member Cheryl Schmit, asked the Interior Board of Indian Appeals to reconsider. The action could delay or end the tribe’s long-sought federal recognition. Stand Up for California previously was allied in an effort to block the Pamunkeys with casino giant MGM Resorts, which is concerned about possible competition in a bordering state as it plans to open its .3 billion MGM National Harbor casino in Maryland’s Prince George’s County next year.
Schmitt said, “I think I’ve submitted significant historical information that deserves reconsideration. The ancestors they’ve identified do not appear to be members of the original tribe.” She noted the BIA’s decision did not strictly follow the guidelines, setting a precedent for the 81 California tribes seeking recognition.
In response, tribal attorney Mark C. Tilden said, “Stand Up for California’s request to the BIA for reconsideration is unfounded, meritless and unsupported by evidence. The tribe’s sovereign strength, which traces back well before the arrival of the earliest colonists to Virginia, will see it through this frivolous attack as it has seen it through so many other thoughtless, mean-spirited attacks in the past.”
BIA spokeswoman Nedra Darling added, “We carefully considered the views offered by Stand Up for California, MGM and all the other comments that were submitted when we made the decision.” Last year MGM and Stand Up for California submitted documents opposing the Pamunkey’s recognition, along with Virginia gas station and convenience store owners, who were concerned that the tribe would sell gas, alcohol and cigarettes without charging state taxes. Also members of the Congressional Black Caucus opposed recognition, stating the tribe once prohibited members from marrying African Americans.
Unfortunately the appeals board is not known for speedy decisions. A Washington, D.C. attorney with extensive knowledge of Indian law said, “Everything takes forever with the IBIA. Even simple matters can take a very long time.”
The 207-member Pamunkey tribe, which claims Pocahontas as an ancestor, would become the 567th federally recognized tribe, giving it access to funds for housing, education and health care—plus the opportunity to open a casino, though tribal officials said they have no plans to do that. The tribe owns a 1,200-acre reservation east of Richmond that was established in the 17th century through treaties with the English government. It has spent $2 million in the past 35 years to gain federal recognition.
