



The recognition of tribal sovereignty by the U.S. Government has several implications, and although a sense of tribal pride and federal benefits may be high on the list, the one factor which seems to be on most people's minds is gaming. Once the Shinnecock receive Federal recognition, their ability to build a casino on reservation land will become a very real possibility.
H.R. 512 is designed to place Native American tribes who have petitioned for Federal recognition before October 17, 1988 and who have been classified as "Ready, Waiting for Active Consideration," before July 1, 2004 on a fast-track toward Federal recognition. If the bill passes, the Secretary of Interior has one year from the institution of the Act to determine whether or not an Indian tribe is suitable for recognition. If the Secretary does not decide within one year, the tribe has the right to petition the "appropriate United States district court" for a decision. The court then rules on the case. If the tribe is decided to be unfit for Federal recognition, they have one year to appeal the verdict. If they are approved, they become federally recognized and receive all the benefits which come along with that, including the right to establish a gaming industry and create treaties with the United States Government.
The importance of the October 17, 1988 date is that this is when The Indian Gaming Regulatory Act was passed. Potentially, the Department of Interior used this as a cutoff date for the newly proposed bill because it weeds out the chance of placing nations concerned specifically with gaming on a fast-track to recognition before dealing with nations who have applied with more honorable intentions.
The Shinnecock people have been a New York State-recognized, self-governing body since 1792. Originally, the decisions made for the Nation were left in the hands of adult male members of the tribe, but in an attempt to institute a more European governmental system, the Town of Southampton created a three-member trustee board that, since April 3, 1792, has met annually at Southampton Town Hall to elect tribal trustees. Despite the institution of the trustee system, the Shinnecock still maintain a democratic governing system within the tribe that gives all members of an appropriate age the right to vote on matters of the tribe. In addition to the open consensus system and the trustee system, they also have a Tribal Council of 13 elected members to deal with other matters of the Nation.
Federal recognition is high on the list of priorities for the Shinnecock and, in an attempt to stress the importance of this new bill, Lance Gumbs, Chairman of the Shinnecock Tribal Trustees was given the right to address the House Committee on Resources earlier this month. In a candid plea, he explained the particular plight of the Shinnecock people, their connection with New York State, the Town of Southampton and their native land. "This land has dwindled over the past 365 years, beginning with the early settlers who illegally seized these lands in the 17th century. Remarkably, we are still fighting every day to protect our land, despite the fact that the Shinnecock Indian Nation pre-dates the birth of America."
Since 2003, the Shinnecock have been considered "Ready, Waiting for Active Consideration," but have not progressed in "the never-ending queue" of waiting tribes. Although this new bill offers hope, it is not a given that the Shinnecock will be presented with Federal recognition, as the final decision is still left to the Secretary of Interior. The tone in Mr. Gumbs' address to the House seems to reflect the frustration of his people, who have spent endless time, money and resources on meeting the Bureau of Indian Affairs' laundry list of requirements for recognition.
Some have argued that the Shinnecock dragged their feet in meeting those requirements until talks of building a casino came into play, and how gaming is the sole purpose for recognition. Regardless, they did begin their petitioning a decade prior to the Indian Gaming Regulatory Act. Since 1988, the Bureau of Indian Affairs' recognition system has been overburdened with many nations which, seeing the prosperity of gaming facilities as the only way to preserve the land and native way of life, have sought for Federal status. Although the "native way of life" is constantly changing and American society and Shinnecock society are intermingled, fused over the 350 years of shared history, it is still important to establish tribal sovereignty and a nationally recognized identity apart from being considered American. Bill H.R. 512 may very well be another step in restoring self-government and Federally recognized identity to the Shinnecock, but first the bill must be passed by the Resources Committee . . . the House and Senate . . . and finally the President. It's not exactly a done deal.