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Indian Gaming

Federal Recognition Process * The Tribal and Local Community Relationship Improvement Act *

Our nation has a responsibility to uphold certain unbreakable obligations to the continent's native peoples, and groups meeting the established and objective criteria should receive federal recognition and its attendant benefits. But granting federal recognition means creating sovereign nations and must be done with the utmost care.

Because federally-recognized tribes are eligible to automatically receive benefits and, in many instances, are permitted to establish gaming operations, acknowledgment is a decision that should follow a well-defined, non-political process.
With regard to the Schagticokes, on October 12, 2005, the Bureau of Indian Affairs (BIA) rejected attempts by the Schaghticoke Tribal Nation and the Eastern Pequot Tribal Nation to be federally recognized tribes.

Both the Schaghticokes and Easterns failed to demonstrate they each had existed as a tribe through the centuries with no lapses, and that they had an intact community with cultural and social interaction. Both tribes had periods of many of years in the 19th and 20th centuries which were lacking evidence in the political and community categories.

The Schaghticokes and Eastern Pequots are not legitimate tribes and this historic decision underscored that fact. This is great news for the state of Connecticut and communities threatened by casino expansion.

The decision – a reversal of previous decisions -- reaffirms what we have been saying for years: the recognition process is flawed and needs to be corrected. Granting federal recognition means creating sovereign nations and it must be conducted in a fair, objective and transparent manner.

I will continue to work with Governor Rell, Attorney General Blumenthal and the Congressional Delegation to reform the federal recognition process.

Federal Recognition Process

Our nation has a responsibility to uphold certain unbreakable obligations to the continent's native peoples, and groups meeting the established and objective criteria should receive federal recognition and its attendant benefits. But granting federal recognition means creating sovereign nations and must be done with the utmost care.

Because federally-recognized tribes are eligible to automatically receive benefits and, in many instances, are permitted to establish gaming operations, acknowledgment is a decision that should follow a well-defined, non-political process.

With regard to the Schagticokes, on October 12, 2005, the Bureau of Indian Affairs (BIA) rejected attempts by the Schaghticoke Tribal Nation and the Eastern Pequot Tribal Nation to be federally recognized tribes.

Both the Schaghticokes and Easterns failed to demonstrate they each had existed as a tribe through the centuries with no lapses, and that they had an intact community with cultural and social interaction. Both tribes had periods of many of years in the 19th and 20th centuries which were lacking evidence in the political and community categories.

The Schaghticokes and Eastern Pequots are not legitimate tribes and this historic decision underscored that fact. This is great news for the state of Connecticut and communities threatened by casino expansion.

The decision – a reversal of previous decisions -- reaffirms what we have been saying for years: the recognition process is flawed and needs to be corrected. Granting federal recognition means creating sovereign nations and it must be conducted in a fair, objective and transparent manner.

I will continue to work with Governor Rell, Attorney General Blumenthal and the Congressional Delegation to reform the federal recognition process.

The Tribal and Local Community Relationship Improvement Act

Under current law, local communities often have little say as to whether large gaming operations should be started in their towns.

For that reason, I joined Congressman Frank Wolf to introduce H.R. 3745, the Tribal and Local Community Relationship Improvement Act, which would allow state legislators to exercise more control on the expansion of tribal gaming.

The Tribal and Local Community Relationship Improvement Act:

  • Requires state legislature approval of new gambling facilities;
  • Directs the President to establish the Advisory Committee on Minimum Regulatory Requirements and Licensing Standards for Indian Gaming, which will create minimum requirements for federal regulation of Indian gaming; and
  • Establishes a commission to report to Congress on: living and health standards in Indian country; the effectiveness of federal programs designed to improve standards in these designated areas; and the economic, environmental and social impacts of Indian gaming facilities on local communities.
H.R. 3745 Tribal and Local Communities Relationship Improvement Act
Shays Statement on BIA Decision to Recognize Schaghticokes (01/29/03)
Shays, Wolf Introduce Bill to Give Communities Say in Casino Development (01/28/03)
Shays Statement on Bureau of Indian Affairs Decision to Deny Federal Tribal Recognition to the Golden Hill Paugussetts (01/21/03)

 


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