Federal recognition a step closer, but local disagreements remain

Proposed new rules for federal recognition of Native American tribes could bring local groups closer to that goal, their leaders agree.

The changes, federal officials say, are meant to address a system they themselves describe as broken, inefficient and arbitrary.

Questions about the specifics have yet to be hammered out, but the process for approval of the new rules continues. Some local tribal leaders say devils inhabiting a few specifics could be problematic in individual instances and are actively voicing their concerns.

The deadline for comments from the general public is Aug. 1.

Key points of the new rules include:

• Acceptance of a “brief narrative” indicating that a tribe existed at some point in time prior to 1900.

• Allowing tribe members previously denied recognition to re-apply under the new rules, in limited circumstances.

• Allowing the Bureau of Indian Affairs assistant secretary to issue a final determination of recognition when a “proposed positive finding” is issued, so long negative comments have not been received by state or local government, or federally recognized tribes within 25 miles.

The process undergoing revision has been in place for 35 years and has long been criticized by local groups who say it has unfairly thwarted them from recognition.

Hearings on proposed revisions were held throughout last year in various locations, including Marksville, Louisiana. Local tribal leaders attended the Marksville meeting.

Federal acknowledgment establishes the U.S. government as trustee for tribal lands and resources and makes tribal members and governments eligible for federal budget assistance and program services.

“President (Barack) Obama believes that reforming the federal acknowledgment process will strengthen our important trust relationship with Indian tribes. Acknowledgment by the Department of the Interior confirms the existence of a nation-to-nation relationship between an Indian tribe and the United States,” said U.S. Interior Secretary Sally Jewell. “Through this Administration’s outreach initiatives, tribal leaders have told us that the current process can be inconsistent, cost millions of dollars and take decades to complete. Our proposed rule maintains the rigorous integrity needed but allows that process to be conducted in a timely, efficient and transparent manner.”

“Reform of the process is long-overdue,” said Assistant Secretary Kevin Washburn. “One of my first assignments at the Department was to search for ways to improve the federal recognition process and address long-standing criticisms of those regulations. This initiative is the product of substantial tribal consultation and public comment, and we are grateful for the broad public interest in this reform effort and the helpful guidance we have received from tribes and the public.”

The Terrebonne Parish Council adopted a resolution Monday night supporting the new rules.

Individual members of local tribes have mixed reactions, however.

Chief Thomas Dardar of the United Houma Nation, which claims 17,000 members across six parishes, generally approves. He has suggested, however, that tribes in the recognition-seeking process for the longest period of time be considered first.

Strict use of 1900 as a cut-off date for what are described as “historical times” is seen by the chief as too rigid.

“The requirements for historical time is overly burdensome and makes no allowance for the oral tradition of our people,” Dardar said during the Marksville meeting.

Chief Shirell Parfait-Dardar of the Grand Caillou Dulac Band of Biloxi Chitimacha Choctaw, which claims 1,500 members, mostly in Terrebonne Parish, said of the new plan, “It’s OK, but it’s not perfect.”

Both the Houma and Dulac groups are recognized by Louisiana but not the federal government.

A major issue for her is the weight objections of state or local governments have in the process. Under the proposed rule the Assistant Secretary of the Bureau of Indian Affairs may outright approve a petition for recognition if basic criteria are met.

However, the proposed rule says that can be done only absent objections from state or local government. Detractors say that allows local politics to enter into the picture rather than a pure reading of comportment with federal rules, and so should be eliminated.

Terrebonne council members also passed a resolution Monday supporting federal recognition of the United Houma Nation.

Parfait-Dardar – while supportive of recognition for that group – questions the inclusion of certain aspects of its history in the resolution itself.

A statement that “in order to protect themselves from threats presented by non-Indian peoples, the Houma nation sought refuge and safety in the remote wetlands and bayous of southern Louisiana” is, according to her, contradicted by prior findings of the Bureau of Indian Affairs. Inclusion of a historical reference not supported by the Bureau, in her estimation, is not desirable and is not necessary for inclusion.

Thomas Dardar maintains that the statement is true.

The disagreement is indicative of the delicate relationship between various local tribes, some of whose members only learned of their tribal identities after rigorous genealogy research in the late 20th Century, due to technological developments.

Some local tribes claim common ancestors, confusing matters further, particularly for non-native people examining the state of affairs. In many cases the groups settled in areas remote from one another, developing their own cultures and histories of government and leadership.

Tribal leaders say that allows them, under federal rules, to nonetheless maintain separate tribal identities.

The United Houma Nation maintains that its own historical record is well-documented and clear, regardless of the claims made by other groups.

The Dulac band, along with others who are not Houma, were invited to submit information for individual consideration in the future. Claudet and council members expressed support for recognition of all Terrebonne Parish tribes at the meeting.