Plan would streamline recognition of tribes:
Tribes would have less of a wait; the public and press would have less information.
By KATHERINE HUTT SCOTT
5 Feb 2003
Norwich Bulletin
WASHINGTON -- The government could move faster in granting coveted federal recognition to Indian tribes but the public would have to wait for information on the recognition petitions under a proposal Tuesday by the new chairman of the Senate Select Committee on Indian Affairs.
The bill introduced by Sen. Ben Nighthorse Campbell, R-Colo., would create an "independent review and advisory board" that would help the Bureau of Indian Affairs evaluate evidence submitted by a tribe to determine whether it qualifies for recognition, according to a summary of the bill.
Nationwide, about 200 tribes are awaiting recognition decisions. The bureau is telling tribes that once they apply, they have to wait six years for a preliminary decision.
Among the proposals in Campbell's bill:
Tribes would no longer be able to appeal recognition decisions to the Bureau of Indian Affairs. Administrative appeals consume the agency's time. Tribes still could appeal in the courts.
The media and public would not be able to gather information under the Freedom of Information Act on evidence a tribe has submitted to prove it meets the qualifications for federal recognition until the tribe has submitted all the evidence. The process of submitting evidence can take years.
To be federally recognized, a tribe must meet seven criteria, including proving it has existed continuously since 1900 and that its members mainly consist of those descended from the historical tribe.
Federal recognition makes government education, housing and health benefits available to tribes. Recognized tribes have a government-to-government relationship with the United States and their land is generally exempt from most state and local laws.
Recognition also allows tribes to open gambling casinos, which have grown into a thriving tribal industry with $12.7 billion in revenue.
Some Northeastern politicians are concerned Indian casinos are multiplying too fast, but American Indians and many Western lawmakers believe federal officials are moving too slowly to recognize tribes. Tribes sometimes wait decades for a decision.
The Senate voted 80-15 last fall to reject a proposal by Connecticut Sens. Christopher Dodd and Joe Lieberman, both Democrats, to halt recognition actions by the bureau until the federal government made certain changes the senators had proposed.
Their proposal would require the Bureau of Indian Affairs to notify a larger number of people when a tribe petitions for recognition. The proposal also would make it easier for a tribe's neighbors to influence a recognition decision.
Spokespeople for Dodd and Lieberman said Tuesday they would re-introduce their proposal soon.
U.S. Rep. Rob Simmons, R-2nd District, who had proposed similar changes in a bill introduced in the House of Representatives, also has said he will re-introduce his tribal recognition bill in this session of Congress.
Spokesmen for Lieberman and Simmons said the lawmakers' staffs hadn't had enough time to review Campbell's proposal to comment on it Tuesday. The proposal was submitted late in the day.
Dodd spokesman Marvin Fast also said he hadn't fully examined Campbell's proposal but added, "We commend him for seeking to reform the current recognition process, which is clearly broken. And while we differ on how best to do that, Senator Dodd stands ready to work with him and others to enact meaningful and serious reform."
John Dossett, general counsel for the National Congress of American Indians, said while he hadn't seen Campbell's proposal, his group supported giving BIA more resources.
"If we can get faster decisions, it will take away some of the toxic atmosphere that has been created in certain parts of the country," Dossett said. His group represents 250 of the federally recognized tribes.
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Photograph--Alfred Bone Shirt Sr. wearing a peace medal.