Story Published: Oct 8, 2010
Story Updated: Oct 8, 2010
SOUTHHAMPTON, N.Y. – Final
challenges to the Shinnecock Indians’ federal acknowledgment have
been tossed aside, clearing the way for the Long Island-based tribe
to take its place as the 565th American Indian tribe in a
nation-to-nation relationship with the United States government.
The Bureau of Indian Affairs acknowledged the
Shinnecock
Indian Nation in a Final Determination in June. But during the
30-day comment period following the decision, a group called the
Connecticut Coalition for Gaming Jobs and a faction of the Montauk
Indians of Long Island filed 11th hour challenges, asking the
Interior Board of Indian Appeals to reconsider the decision.
On Oct. 1, the IBIA rejected the appeals, ruling that neither group
had legal standing to appeal.
“This closes a chapter in the tribe’s 32 year long struggle to
obtain recognition and opens a door to a bright future that will
include new opportunities,” said Randy King, chairman of the
Shinnecock Indian Nation Board of Trustees.
“We’re finally here,” said Lance Gumbs, Shinnecock senior trustee
and vice president of the National Congress of American Indians
northeastern region.
“It’s been 32-and-a-half years,” Gumbs said, referring to the
nation’s long quest for acknowledgment, which began in 1978 shortly
after the BIA established the seven mandatory criteria for Indian
tribes to gain federal status.
The ruling is effective immediately.
“This ‘coalition’ could still try and sue in federal court, but as
far as the Interior Department and the BIA are concerned – and we
consulted with all of them – we are officially, as of today, the
565th federally acknowledged tribe in the country. That’s it,” Gumbs
said just hours after the IBIA ruling was issued.
The ruling will be published in the Federal Register, but the time
for any kind of appeal through the Interior Department is over.
Shinnecock citizens were elated – again – at hearing the news as
they were when they learned in June of their federal recognition,
Gumbs said.
“I couldn’t even talk, I choked. I couldn’t even talk about it
because we were just in Washington two days ago and there was no
answer, they didn’t know when it was going to come and then, two
days later, it came,” Gumbs said.
As a federally recognized tribe, the Shinnecock are now eligible for
federal funding for housing, health and education – and to open a
long-sought casino.
Congressman Tim Bishop, D-N.Y., released a statement in support of
the tribe.
“I am pleased that the Bureau of Indian Affairs swiftly dismissed
the baseless challenge filed by opponents to the federal recognition
of the Shinnecock Indian Nation. Today, the nation’s long struggle
for recognition finally comes to an end, and a new chapter opens in
their long and proud history.
“I look forward to helping the Shinnecock access the housing,
educational and other important federal benefits they are entitled
to under law. I will also continue my collaboration with tribal
leaders to improve the standard of living on the Shinnecock
Reservation and encourage responsible, sustainable economic
development which benefits the tribe and our entire community,”
Bishop said.
While federal status will improve the nation’s living standards,
Shinnecock citizen Beverly Jensen questioned whether it would
strengthen the tribe’s sense of identity or enhance its culture,
which the nation has worked hard to preserve without being federally
recognized, she said.
“It’s not something we can forget; it’s ingrained. We’re not going
to run and find our culture now that we’re recognized. It’s what we
do. It’s why we’re here. We’re here to preserve it,” Jensen said.
The Connecticut Coalition for Gaming Jobs had sought the reversal of
the Shinnecock federal acknowledgment, arguing that it was a
“mis-determination” because the nation has a financial backer –
Gateway Casino Resorts. The coalition also argued that a Shinnecock
casino in the New York metropolitan area would compete with Foxwoods
and Mohegan Sun in Connecticut and adversely affect “their members”
– the casinos’ 18,000 employees, the 9,000 other employees who earn
a living from providing goods and services to the casinos, and
Connecticut tax payers.
In its 13-page ruling, the IBIA’s two administrative judges wrote
that the coalition had not identified a single business or
individual as a member, failing to provide proof that any member is
an “interested party.”
Christopher Cooper, a spokesman for the coalition, issued a
statement Oct. 1 saying it was disappointed in the ruling, the
Associated Press reported.
“Today’s federal action is a blow to the Connecticut casino industry
and to the long-term economic health of southeastern Connecticut,”
Cooper said. “We will review today’s ruling and discuss with our
members the appropriate next steps in this process.”
But gaming industry analyst Steve Schwartz lauded the ruling.
“This is a big day not only for the Shinnecock Indian tribe, but for
all gambling enthusiasts in New York,” Schwartz told Casino Gambling
Web. “While the tribe gets the recognition they have long sought, it
is the gambling community that can rejoice in the idea that another
casino option will soon be coming to New York.”
The Montauk faction, led by Robert Stevenson of New Jersey, a
self-proclaimed Montaukett chief, wanted Long Island Indian tribes
to be included in the Shinnecocks’ recognition under a “Montaukett
confederacy.”
The judges determined that the Montauk faction lacked standing
because it failed to show that it had “a legal, factual or property
interest” in the Shinnecocks’ Final Determination, even questioning
the Montauk faction’s claim of common ancestry.
“A shared history between the nation and Montauk, and common
ancestry among the members of each group, even if shown to exist, is
not sufficient, by itself, to demonstrate that the Final
Determination may adversely affect Montauk,” the judges wrote.
An attorney for the Montauk group did not answer a telephone call
and did not provide an answering service, the AP report said.
Gumbs said the nation is “working through the funding issues and the
structuring process” of being a federally acknowledged American
Indian nation.
The nation is also moving forward with its land rights lawsuit for
around 3,600 acres of prime real estate in the ritzy East End of
Long Island where its aboriginal territory lies. The claims have
been dormant in federal court for years, pending resolution of the
nation’s petition for federal acknowledgment.
“The land claims are still on the table. They’re still breathing
oxygen,” Gumbs said.
The difference now is that the nation will have the weight of the
federal government on its side.
“The federal government is now going to take them up based on what
we see as legitimate complaints,” Gumbs said.
© 1998 - 2010 Indian
Country Today. All Rights Reserved To subscribe or visit go to:
http://www.indiancountry.com