Leaders step up plea on long-delayed tribal recognition by feds, a move that would bring a number of benefits
While the proposed casino is controversial, the subject of a lawsuit and far from a certainty, it cannot get off the ground if the tribe is not recognized by the federal government, according to the Indian Gaming Act, which sets the rules for casinos run by Indian tribes.
Gumbs, 43, said it has been a quarter of a century since his tribe began to seek federal recognition, and called on Congress to do more than listen.
"It seems a lot of noise and a flurry of activity occurs each time Congress looks into this matter and ultimately, little is done and nothing changes," Gumbs told a panel of the House Committee on Resources. "I hope this time will be different."
While the length of time the tribe has been waiting for federal acknowledgment is also the subject of controversy - their latest petition was filed about a year and a half ago - Congress acknowledged the approval process could be improved.
"The system is fraught with major shortcomings," said Rep. Richard Pombo (R-Calif.), chairman of the subcommittee. "No one should wait three decades to process an application for anything. Many people's home mortgages are paid in that time."
R. Lee Fleming, who handles tribal petitions at the Bureau of Indian Affairs, told the committee that his office has a "high volume of work," but that new computer systems should help smooth the process.
Gumbs, downplaying the casino issue, said federal recognition would also allow the tribe to get federal funding for land protection and health services. "A casino is only one form of economic development we are looking into," he said, mentioning the possibility of wind generation or a paint factory.
The casino is opposed by many Suffolk County elected officials along with Rep. Tim Bishop (D-Southampton) and Sen. Charles Schumer (D-N.Y.).
"So long as the issue of gaming cannot be decoupled from the issue of federal regulation, I can't support their petition for federal recognition," Bishop said. He said the East End has "unique geography and somewhat limited infrastructure. Casinos will forever alter the quality of life on eastern Long Island and create congestion, traffic problems and environmental problems."
The Shinnecock tribe started clearing land for the casino last summer, but was sued by New York State and Southampton town to stop. U.S. District Judge Thomas Platt has set a trial for late this month and announced that he would bypass the federal Bureau of Indian Affairs and decide for himself whether the Shinnecock should be recognized.
That would be unprecedented, according to experts, because only the executive branch or the legislative branch of the federal government has done so before, never the judiciary.
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