The Interior Board of Indian Appeals rejected a challenge by the group Stand Up California opposing the Pamunkey Tribe’s efforts to attain federal recognition. The decision removes the last legal hurdle in the tribe’s quest.
In 2014, Cheryl Schmit, the founder and sole member of Stand Up for California, a nonprofit opposed to unlimited expansion of tribal gaming, joined with MGM Resorts International to oppose the Pamunkey’s application for federal status. MGM will open its $1.3 billion National Harbor casino and resort in Maryland’s Prince George’s County later this year and did not like the idea of any casinos being built in neighboring Virginia.
Last July, the 200-member Pamunkey tribe, which claims Pocahontas as an ancestor, became the first in Virginia to gain federal recognition from the U.S. Bureau of Indian Affairs. But that was put on hold in October when Stand Up for California issued a last-minute challenge to the Pamunkey ruling. The group argued that the tribe did not meet requirements for recognition, stating current tribe members are not descended from Indians. Also Stand Up questioned whether the tribe operated as a functioning political entity. Tribal leaders worried that the challenge would delay federal recognition for years.
However, the Indian appeals board said Stand Up had no standing to challenge the tribe’s new status. “Stand Up fails to articulate any type of factual interest that we believe was intended to be covered by the acknowledgment regulations, nor does Stand Up allege that it is adversely affected by the Assistant Secretary’s determination to acknowledge the tribe,” the ruling stated. It also disagreed with Stand Up’s claims that federal recognition for the Pamunkey tribe would have “significant impacts to the state and local government jurisdictions, surrounding communities, property owners, businesses, Indian and non-Indian individuals and federally-recognized Indian tribes as well.”
Stand Up’s Schmit said her group’s standing to challenge the Pamunkey’s federal status would be difficult. She said, however, other groups or individuals with standing may want to challenge future actions taken by the tribe using arguments raised by Stand Up.
Pamunkey attorney Mark Tilden said, “The tribe never doubted that its final determination would become final and effective, though it is pleased that the IBIA was able to reach final resolution so quickly. The tribe can now move forward in its new chapter as a federally recognized Indian tribe.” The tribe has considered casino gambling, which it now is eligible to pursue.
The Pamunkey tribe is the 567th federally recognized tribe in the U.S. An additional 356 tribes, including six from Virginia, are seeking federal recognition and the funds for housing, education and health care it makes available.
