Connecticut Attorney General Says Federal Tribal Recognition Bill Fatally Flawed

October 3, 2007 -- Connecticut Attorney General Richard Blumenthal today, in testimony submitted to a federal congressional committee, criticized a proposed federal tribal recognition bill that threatens to provide recognition review "do-overs" to Connecticut tribal groups that were denied recognition.

The U.S. House Committee on Natural Resources held a hearing today on the Indian Tribal Federal Recognition Administrative Procedures Act - legislation that Blumenthal called "fatally and fundamentally flawed."

In his testimony, Blumenthal said reform is vitally necessary and long overdue, but this bill threatens more harm than good - failing to ensure impartiality and transparency, and diluting the standards for recognition.

"The bill is fatally and fundamentally flawed, weakening long-standing recognition standards, creating a potentially-biased commission and providing multiple judicial appeals to Indian groups whose recognition applications have been rejected," Blumenthal testified. "After rigorous review, there should be no do-overs."

Blumenthal recommended specific reforms:

* Abolish the BIA tribal recognition authority;

* Establish an autonomous and unbiased agency - a Federal Tribal Recognition Commission (the Recognition Commission) composed of individuals knowledgeable about Native American history and genealogy - with authority over recognition;

* Enact the present tribal acknowledgement recognition criteria - which is based on U.S. Supreme Court decisions - into statute;

* Provide sufficient resources to fund the Recognition Commission;

* Set strict, strong disclosure and ethics rules for the Recognition Commission; and

* Assist affected towns and cities in participating in the process.

"Federal tribal recognition profoundly and significantly impacts affected communities, often involving taking of privately held property, operation of a casino or other forms of gaming, and establishment of a quasi-sovereign government within the borders of a state," Blumenthal said. "Requests for federal tribal recognition are commonly funded by international gaming interests that bet millions of dollars on federal recognition.

"Whatever disagreements there may be about solutions, there seems to be a clear consensus on the central problem: the present tribal recognition process has proven to be susceptible to political influence and even corruption. While the BIA has recently taken steps to correct these problems, the potential for abuse still exists. We must permanently rid the recognition process of improper influences and regain public confidence and trust."

Blumenthal, who has been fighting for fairness and accountability in the tribal recognition process for 14 years, has appealed arbitrary administrative decisions and challenged BIA findings lacking any basis in fact or law. Based on his experiences, Blumenthal has testified many times before congressional committees urging oversight investigations and reform.

"The current process demeans and discredits groups that legitimately deserve federal tribal recognition, delays expeditions review of petitions and hinders participation of affected parties in the process," Blumenthal said. "The influence of casino money has in the recent past transformed tribal recognition decisions into crude contests of influence instead of objective assessments of evidence. Some were arbitrary and capricious, ignoring or bending the BIA's own rules to reach illegal recognition decisions. These decisions are distorted by powerful interests, enhancing casino interests at the expense of local communities and citizens."

Source: Connecticut Attorney General