Some Lawmakers Frustrated over Lack of Oversight on Interior’s Indian Recognition Regulations

Some members of Congress are unhappy that the Department of the Interior won’t slow down the process of introducing new regulations from recognizing Indian tribes to give Congress more of a say. The regulations were first put out for pubic review less than a year ago.

Rep. Bob Bishop is getting frustrated that he can’t get the Department of the Interior to delay issues its rules that will make it easier for Indian tribes to obtain recognition from the federal government.

Recently he demanded of Interior Secretary Kevin Washburn, “Are our concerns not important to you?”

Washburn answered that his department is also under a lot of pressure to move forward as quickly as possible with the new regulations. Possibly he is speaking about the many Indian tribes who have been requesting that the department revise the process, which they call cumbersome, and which includes roadblocks that they would like to see removed. Among these are thresholds to recognition. An example: under existing rules, a tribe must show that it has been a political entity for centuries. The new rule would allow a tribe that has been an entity since 1934 to be recognized.

Bishop is undeterred and has promised to use every way possible to block the regulations. “One way or another, we’re going to push you until we do it the right way,” he said.

Another critic of the process, surprisingly, is Robert Martin, chairman of the Morongo Band of Mission Indians, of California, who fears that the “legitimacy” of the process needs to be protect.

However, the new regulations are supported by the National Congress of American Indians, which says tribes have waited long enough for the changes.

The new regulations would also allow tribes previously denied recognition to try again, although they do include a provision very controversial with most tribes: allowing third parties who opposed the original application to hold a veto if the application is made again.

Washburn claims there has been considerable oversight over the regulations. “There’s been a lot of oversight. In fact, that’s where we got a lot of our ideas,” Washburn said. “… There’s been an enormous amount of effort, and we are going to try to get this done,” he said. The regulations were first issued for public review almost a year ago.

The current regulations were first adopted in 1978. Under them the department has recognized 17 tribes and denied 34 applications.

Washburn said recently that some criticisms he has heard from both tribes and legislators will be addressed in the final regulations.

“It’s a difficult compromise because we’ve got people all over the political map on this,” Washburn said. “But my job is to do what I think is right, and I think we’ve reached that.”

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