| October 2005 | October 2002 |
| February 2004 | September 2002 |
| January 2003 | April 2002 |
| December 2002 | February 2002 |
October
2005
Declines for federal acknowledgement of the Schaghticoke Tribal Nation
and the Eastern Pequot Indians and Paucatuck Eastern Pequot Indians were
issued (Specifics follow.) The
appeals process for these two decisions is now in place.
The Department of the Interior issues reconsidered final
determination to decline federal acknowledgement of the Schaghticoke Tribal
Nation
This reconsidered final determination concluded that the Schaghticoke
Tribal Nation did not meet two of the seven mandatory requirements for Federal
acknowledgement, and therefore the Department declines to acknowledge a
government-to-government relationship between the U.S. and the Schaghticoke
Tribal Nation.
As noted below, in 2004 the Department of the Interior published in the Federal Register, a notice of the Final Determination to acknowledge the Schaghticoke Tribal Nation. The State of Connecticut and others challenged that decision before the Interior Board of Indian Appeals.
In May 2005, the Interior Board of Indian Appeals vacated and remanded the Final Determination to the Assistant Secretary - Indian Affairs for reconsideration. The Interior Board of Indian Appeals rejected the general use of state recognition in the Final Determination as evidence.
(This is excerpted from the U.S. Department of the Interior press release: http://www.doi.gov/news/05_News_Releases/051012a.htm)
The
Department of the Interior issues reconsidered final determination to decline
federal acknowledgement of the Eastern Pequot Indians of Connecticut and the
Paucatuck Eastern Pequot Indians of Connecticut
This
reconsidered final determination concluded that they did not meet two of the
seven mandatory requirements for Federal acknowledgement, and therefore the
Department declines to acknowledge a government-to-government relationship
with the U.S.
This decision reversed the June 2004 Final Determinations to acknowledge the two petitioners, Eastern Pequots and Paucatuck Eastern Pequots, as one group, known as the Historical Eastern Pequot Tribe. The State of Connecticut and others challenged the Final Determinations before the Interior Board of Indian Appeals.
In May 2005, the Interior Board of Indian Appeals vacated and remanded the Final Determinations to the Assistant Secretary - Indian Affairs for reconsideration. The Interior Board of Indian Appeals rejected the use of state recognition of the Historical Eastern Pequot Tribe as evidence.
(This is excerpted from the U.S. Department of the Interior press release: http://www.doi.gov/news/05_News_Releases/051012.htm)
February
2004
Schaghticokes
Receive Federal Tribal Recognition
The Federal Bureau of Indian Affairs granted federal
tribal recognition status to the Kent, CT based Schaghticoke Tribal
Nation, reversing a preliminary rejection made in December 2002.
Attorney
General Richard Blumenthal, has indicated he will appeal the decision
with the Interior Board of Indian Appeals, and potentially with the
federal courts, claiming the federal recognition process is flawed.
Federal
recognition is the critical requirement for tribes interested in running
casinos. The Schaghticoke Tribal Nation has expressed interest in
operating a casino in Bridgeport, Danbury or Waterbury.
The Business Council of Fairfield County,
chambers of commerce throughout Fairfield County, the state-wide
organization Citizens Against Casino Expansion and Fairfield County
elected officials have continued to express their concerns over the
transportation congestion that would be created by a casino based in
Fairfield County, with estimates of 40,000 daily visitors.
Critical issues going forward include the use of off-reservation land for a casino and the final federal status decision for the Golden Hill Paugussetts after receiving a preliminary rejection in January 2003. The Golden Hill Paugussetts, based in Trumbull, CT, have also expressed interest in casino development in the Bridgeport region.
January
2003
Golden
Hill Paugussetts receive preliminary rejection
The
Bureau of Indian Affairs announced the preliminary rejection of the
Trumbull-based petitioners yesterday afternoon.
This is excellent news for two reasons.
First, it indicates that a degree of consistency seems to be emerging
in the BIA's use of its formal criteria for recognition.
A fact-based process is clearly in our interest.
Second, it gives us realistic reason to believe that the devastating
impact of a Bridgeport casino may be avoided.
We must keep in mind, however, that this is a preliminary rejection and
that BIA decisions have been reversed in the past.
December
2002
Federal
recognition petition rejected, state defensive legislation prepared
The Bureau of Indian Affairs announced the preliminary rejection of the
Kent-based Schaghticoke Tribal Nation petition
on December 5. The next step is a
six-month comment period, followed by a “final” decision that can be
appealed. The facts and policies
cited in the BIA decision suggest that the Trumbull-based Golden Hill
Paugussetts application (scheduled for an announcement in the week of January
20) may face difficulty as well. Legal,
legislative and grassroots opposition to casino expansion are growing
throughout the state. The Connecticut Alliance Against Casino Expansion, Inc.,
CAACE, is attracting attention, participation and financial support.
General Assembly leaders have said they will introduce legislation
early in the 2003 session to repeal Las Vegas nights and to require
environmental impact statements and mitigation plans as a condition of any
future state-tribe compact. SACIA
is a co-founder of CAACE and strongly supports its legislative
recommendations.
October
2002
Statewide
Coalition Formed
The Connecticut Alliance Against
Casino Expansion, Inc. was formed as a partnership of civic, religious,
business and political leaders to block casino expansion in the state.
Jeff Benedict is the organization's executive director. Site lists upcoming
events and past press coverage.
September
2002
US
General Accounting Office:
Testimony
Before the Committee on Indian Affairs, U. S. Senate United States General
Accounting Office, Sept. 17, 2002
(pdf)
CT AG Blumenthal mulling over appeal of June BIA recognition
Observers expect an appeal of the Eastern Pequot decision, citing errors in
fact and interpretation, but the decision has yet to be announced.
The meaning of “state tribal recognition” is at the heart of the
matter.
Governor
John Rowland has stated his opposition to any more casinos
“Two is enough” is the Governor's current public position.
However, he has not yet outlined actions he might take to prevent CT’s
“third tribe” from receiving a casino license or to prevent any other
petitioner from being recognized and licensed.
Candidate
Bill Curry attacks casinos and “flip flop”
Curry is making his opposition to casino expansion and the “Governor’s
flip flop” issues in the gubernatorial campaign.
It is too soon to tell if this is contributing to the narrowing gap in
polls of likely voters.
Gubernatorial
debates will define approaches to casino issue
Four debates in October between Gov. Rowland and Mr. Curry should provide
the detailed comment voters need to understand their respective approaches to
one of the most important questions the State of Connecticut has ever faced.
Opposition
to casinos as “quality of life killers”
grows
A belief that casinos are generators of crime and social ills as well as
traffic is gaining ground around the state.
A new coalition of “quality of lifers” is forming.
An environmental group is exploring the impacts of casinos on air
quality. A children’s advocacy group may look at links between
problem gamblers and children in poverty.
Health advocates are linking asthma to air quality to traffic to
casinos. However, the state’s
budget crisis also makes slot revenues to the state more attractive than ever.
Preliminary
recognition decision announcement dates set
The
B.I.A. will announce its preliminary decision on the Schagticoke Tribal Nation
petition on December 5. The Golden Hill Paugussetts preliminary announcement has been
scheduled for late January, 2003.
CT
in WASH DC
A U.S. Senate committee will hold a hearing on the process of tribal
recognition later this month. Chris
Dodd and Joe Lieberman generated the hearing.
U.S. Representative Nancy Johnson has signed on to the Connecticut delegation letter urging that federal environmental law and regulation apply to the Bureau of Indian Affairs.
April
2002
Lower
Fairfield and Danbury-area municipalities retain counsel, seek standing at B.
I. A.
Ten
cities and towns in lower Fairfield County and eight in the Danbury area have
separately announced their efforts to prevent a casino being established in
Bridgeport and Danbury, respectively.
They have both retained law firm Perkins Coie and requested “standing”
in the Bureau of Indian Affairs process.
In addition, the Lower Fairfield towns have proposed changes in its
regulatory process to broaden the geographic area considered in a variety of
impact assessments.
Danbury-area
legislators and chief elected officials are rebuffed by Gov. Rowland
According to press accounts, Governor Rowland twice declined pleas from
delegations of legislators and chief elected officials from the Danbury
region. Both groups asked the Governor to state his opposition to a casino in
Danbury and to give his support to the efforts of the towns to participate in
the B.I.A.’s recognition processes. The Governor apparently rejected the requests.
His spokesperson repeated past statements that Mr. Rowland’s possible
future role in post-recognition compact negotiations precluded him from
helping the towns in their efforts.
Legislative
leaders express concern about state’s tribal casino inaction
Speaking at The Business Council of Fairfield County's (formerly known as
SACIA) annual legislative breakfast on March 26, House Speaker Moira Lyons,
Senate Majority Leader George Jepsen, Senate President Kevin Sullivan, Senate
Deputy Minority Leader Bill Nickerson and House Minority Leader Bob Ward all
expressed concern about additional tribal recognitions, praised the leadership
of Attorney General Blumenthal on this issue and called for a more active role
for the General Assembly and Governor.
Nipmunc application revived
A fifth “end stage” recognition petition now exists, as
the “Nipmunc” appeal the McCabe-era (current Bureau of Indian Affairs)
withdrawal of the Gover-era (former BIA head) preliminary recognition. They
join the other “final four” in anticipating decisions over the next 12-18
months. If recognized, the
tribe would open a casino in Union, Connecticut, with additional commercial
development on the much larger Massachusetts portion of their reservation.
Social
costs of casinos explored in New London Day series
A series of articles in the New London Day have offered the most detailed
analysis to date of the social costs of large scale casino gambling in
Connecticut. “Disturbing”
would be a mild characterization of its findings.
February 2002
Tribal
recognition now a front burner issue
Federal judges are setting deadlines in 2002 for Bureau of Indian Affairs (B.I.A.)
action on Connecticut petitions….Danbury has become fully involved in the
issue …gubernatorial candidate George Jepsen has issued a call to action for
the state’s elected officials….environmental organizations are developing
impact-mitigating, post-recognition strategies….reporters in Stamford,
Hartford and Danbury are adding enormous amounts of information to the public
record….towns are engaging legal counsel to seek standing in the B.I.A.’s
deliberations….the federal Government Accounting Office has issued a report
citing major deficiencies in the B.I.A.’s recognition process, as conducted
under the Clinton Administration.
New
York to get six casinos and at least one “racino”
NY
Governor George Pataki has reached agreements with a number of tribes that, if
approved by the State Legislature, will produce as many as six more casinos in
upstate New York. Yonkers Raceway, which already has year round Off Track
Betting telecasts as well as seasonal live racing, received authorization for
approximately 1,500 slot machines to offset potential revenue impacts of
casino competition. The hybrid facility, called a “racino” in the
industry, is the nearest that legal slot machines have ever come to New York
City.
Court
order shuts down Bureau of Indian Affairs website
The BIA website - worth bookmarking if you are tracking tribal recognition
issues – has been shut down as part of a broader court order relating to
Indian Trust management. For now, the Dept. of Interior homepage will have to
suffice: www.doi.gov.
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Business Council of Fairfield County
One
Landmark Square, Suite 300
Stamford, CT 06901-2679
General Phone: (203) 359-3220
Fax: (203) 967-8294
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