Patty Ferguson-Bohnee Director, Indian Legal Clinic

Patty Ferguson‐Bohnee
Director, Indian Legal Clinic
January 17, 2014
Purpose: To get a better understanding of the challenges faced by non‐BIA listed Tribes, and their experiences seeking recognition. 
Mailed to 347 Tribes
 OFA Lists, Website Lists, State Commissions
 Shared at NCAI Federal Recognition Taskforce Meeting
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169 surveys returned as undeliverable
125—no response
Received 54 Responses
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Abenaki Nation of Missiquoi
Amonsoquath Band of Cherokee
Apalachicola Band of Creeks
Arkansas Cherokee
Avogel Nation of Louisiana
Caddo Adais Indians
Calusa‐Seminole Nation
Chaubunagungamaug Nipmuck Tribe
Cher‐o‐crec, Intra Tribal Indians
Cherokee‐Siouan Indians of Redbanks
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Chickamauga‐Keetoowah Unami Wolf Band
Isle de Jean Charles Band of Biloxi‐Chitimacha‐
Choctaw
Jamestown S’Kallam
Konkow Valley Band of Maidu
Live Oak Indian People of Southeast Mississippi
Lost Cherokee of Arkansas
The Lower Muskogee Creek Tribe
Ma‐chis Lower Creek Indian Tribe of Alabama
Montaukett of Long Island NY
Mowa Band of Choctaw Indians
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Munsee Delaware Indian Nation
Muscogee Indian Nation of Florida
Nanticoke Lenni‐Lenape Tribal Nation
Northern Cherokee Nation
Nottoway Nation in Ohio
Ohlone Costonoan‐Esselen Nation
Ooragnak Indian Nation
Parajo Valley Indian Council
Pee Dee Indian Nation of Upper South Carolina
Piscataway Conoy
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Pocasset Tribe of Pokanoket Nation
Pointe‐au‐Chien Indian Tribe
Powhatan Renape Nation
Red Shoe Tribe
Samish Indian Nation
Shebelna Band of Mendocino Coast Pomo Indians
Southern Cherokee of Kentucky
Southern Cherokee Tribe of Missouri
Sovereign Central Band of Cherokee
Steilacoom Indian Tribe
Tejon Tribe
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Tinoqui‐Chalola of Kitanemuk & Yowlumne Tejon Indians
Tlaxcaltea Nation and Affiliated Tribes
Tolowa Nation
True Golden Hill Paugussett Tribal Nation
United Cherokee Ani‐Yn‐Wiya
United Chickamungwa
United Tribe of Shawnee Indians
Wacamaw Siouan Tribe
Western Cherokee Nation of Arkansas
Xolon Salinan Tribe
Yamassee Indian Tribe
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Over 10,000 1,000‐5,000
500‐1,000 100‐499
Less than 100
Not Responsive
1
12
15
16
7
3
2%
25%
28%
28%
13%
6%
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No Reservation
 31
▪ 58% ▪ 61 %  21
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▪
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▪
24%
38%
19%
10%
57%
have land Range 2 ‐230 acres
planned on purchasing land in the future
39% Less than 1 acre to several thousand acres
federal land
state land
privately owned
federal and state land
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Tribal Government
Constitution
Criminal Code
Civil Code
Tribal Court/Judiciary
Other
100%
91%
13%
17%
24%
 Bylaws, traditional practice, membership ordinance, tribal council, chief/leader, and ICWA rules and regulations
Selection of Officials
Other
6%
Traditional Tribal Practice
24%
Appointment
26%
Election
70%
0%
10%
20%
30%
40%
50%
60%
70%
80%
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Incorporated (29)
54%
 Non profit
 Both
93%
7%
6%
Not incorporated (25)
46%
 For profit
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Filed an OFA Petition (32)
Had not Filed (19)
59%
35%
 Filed a Letter of Intent
95%
Nonreponsive
6%
Number of Years
30 or more
2
21 to 30
6
11 to 20
14
0 to 10
10
0
2
Number of Tribes
4
6
8
10
12
Yes
79%
Yes, but not through OFA
2%
No longer seeking 15%
Reasons: lack of resources, likelihood of not meeting the standards of 25 C.F.R. 83, the process is arbitrary
“controlled by politics and outdated”
 No response
6%
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Considered Congressional Recognition
 Yes
 No
 No Response
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63%
33%
4%
Considered Recognition through Court Action
 Yes
 No
 No Response
53%
46%
2%
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Notified state, local and/or tribal gov’ts 83%
 Support
57%
▪ Support letters, grants, assistance with process, resolutions affirming acknowledgment
 No Support
20%
▪ Concerns casinos, land, “too many Indians,” conflicts with other tribes
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 No response
22%
Have not notified surrounding gov’ts
13%
“Our most important goal is and always has been our identity as Native Americans. We have fought for this our entire lives.”
 general welfare and governance, legal protections, cultural preservation and socio economic development.  Improve access to education (34)
46%
 Casino/Gaming
0%
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Employment
Federal and state programs and funding
Tax breaks for property
Improved tribal self‐worth
Establish tribal economic base
Medical benefits
Health and human services
Education
Housing
Land
Ability to work with government after disasters
Schools
Self‐determination
Restoration of sovereignty
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Legal protections under federal law
Indian Child Welfare Act (ICWA)
Native American Grave Protection and Repatriation Act (NAGPRA)
Religious Freedom/Eagle feather rights
Protection of Small Business Association 8a privileges
Land into trust for housing and preservation
Sovereign Immunity
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Gain more credibility
Rights equal to relatives and peer groups
Preservation of cultural resources
Acquiring eagle feathers for ceremonial and spiritual purposes
Respect/Pride of being recognized by federal government as an American Indian
Regain cultural identity
Cultural preservation and protection of sacred sites
Freedom of religion
Language
Way of living
Rebirth of culture
Ability to explain culture to the world
Ability to sit at the table of Indians as equals Management of natural resources
Raise standard of living
Establish a tribal land base
More productive society
Establishment of health clinics and educational institutions
 Aid for the elderly
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“We can never get past the first question: ‘are you from a federally recognized tribe.’”
“Money is our biggest hurdle.”
Lack of Funds—lack of services
affects medical services, subsistence, hinders the ability to control assets, limits access to education, housing, and field operational costs.
Discrimination, lack of ability to sell arts and crafts by native artisans
Problems in Establishing Services
Other
26%
Labor
69%
Housing
80%
Law Enforcement
61%
Education
89%
Medical/Health
85%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
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With U.S.
With Other Nations
With States
47%
34%
11%
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Terminated by feds
State Recognized
State Reservation (8)
5 Tribes
54%
15%
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Administration for Native Americans
27%
 Amounts
$65,000 ‐‐ $500,000
 How much of the petition process did it fund? ▪ “not enough” to “fifty percent” Other funding sources
25%
private, voluntary membership dues, donations, tribal businesses, fundraising, and a nonprofit
 No funding sources
75%
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Lack of Funding Deterrent for FAP
90%
“The process requires almost limitless access to funds in order to fund recognition.”
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40/54 Tribes Used Experts
Reasons for not using experts
70%
 Lack Funding
55%
 Completed without experts
 Rely on Tribe’s oral history
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Historian
61%
 Paid
 Volunteer  Mix
15%
63%
22%
Genealogist
57%
 Paid  Volunteer
 Mix
19%
55%
26%
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Ethnographer
37%
 Paid
 Volunteer
 Mix
35%
40%
25%
Anthropologist
52%
 Paid
 Volunteer
 Mix
21%
50%
29%
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Archaeologist
44%
 Paid
 Volunteer
 Mix
21%
58%
21%
Other
22%
 Paid
 Volunteer
 Mix
17%
67%
17%
Linguist, geneticist, local author
Resources Used
Common Resources used by
Tribes in Data Gathering
76%(41outof54Tribes)
Internet Search Engines
81%(44outof54)
Libraries
87%(47outof54)
Tribal Elders
Professional & Academic Sources
31%(17outof55)
56%(30outof54)
Universities
Non-Profit Agency
24%(13outof54)
Percentage of Tribes
Other
28%(15outof54)
Most Useful Resources
US Census Records
4% (2 out of 54)
Cementery Records
4% (2 out of 54)
Academic Resources
4% (2 out of 54)
Internet
15% (8 out of 58)
Libraries/Archives
17% (9 out of 54)
Bible/Church Records
20% (11 out of 54)
Tribal Elders and Oral History
20% (11 out of 54)
Percentage of Tribes
Greatest Challenge Faced by Unrecognized Tribes
Uncertainty as to the data required by the Office of Federal
Acknowledgement
Information gathered insufficient to support tribe’s petition
for federal recognition
Lack of interest among tribal members
Lack of resources to conduct research
56% (30 out of 54 Tribes)
26% (14 out of 54 Tribes)
6% (3 out of 54 Tribes)
30% (16 out of 54 Tribes)
Insufficient Funding
Other
76% (41 out of 54 Tribes)
35% (19 out of 54 Tribes)
Percentage of Tribes who Listed as Greatest Challenge
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Eighty‐seven percent (87%), or 47 out of 54 tribes stated that economic and political factors were delaying their federal recognition attempts
 Recognized tribes actively petitioning against 
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recognition
Natural Disasters
BP Oil Spill
Active resistance from local governments over fears that tribe will build casino
Resistance from Congress
Confusion about tribal lineage
Tribes in Favor of Independent Commission
90%
79%
80%
70%
60%
50%
40%
30%
20%
10%
8%
9%
Undecided
No
4%
0%
Blank
Yes
Views on Reforming the Federal Acknowledgment Process instead of Creating an
Independent Commission
Yes
21%
No
57%
% of Responding Tribes
Undecided
Blank
8%
15%
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“..anything would be better than what the BIA is currently doing”
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“Any change in the process should include….open opportunity for judicial acknowledgment...”
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Some felt new people, not new process is needed