Mr. Chairman, Ranking Member Rahall and Members of the Resources Committee, thank you for inviting me to testify on this critical issue.

Today is the first time that a member of the Shinnecock Indian Nation has testified before Congress since the year 1900. In 1978, we were one of the first 4 tribes to file an application for federal recognition --- that was 25 years ago. Our recognition effort was stalled in part because we could not afford the high costs of completing our application. We were finally placed on the "Ready for Active Consideration" list by the BIA on September 9, 2003.

A month later, we were informed that the Shinnecock Petition is now 12th on the current list and according to BIA, "without additional resources, it may take the OFA up to 15 years to decide all completed applications." Thus, without a change to the current process, the Shinnecock will have languished in an un-recognized status for almost half a century.

The Shinnecock Indian Nation is one of the oldest, continuously self-governing tribes in the country and was one of the first to have contact with the European settlers who sailed into Peconic Bay in 1640.

From that time on, early settlers deceived our ancestors and illegally began taking our land, which we repeatedly tried to prevent.

We continued our practice of self-governance until 1792, when New York State enacted a law titled "An act for the benefit of the Shinnecock Tribe of Indians, residing in Suffolk County." This act took away our traditional self-governance and established a trustee form of government. Our tribal election process has been recorded each April by the Clerk of the Town of Southampton from 1792 to the present.

Thus, it is well documented that the Shinnecock Indian Nation has had a continuous existence and contact with colonists dating to the 1600s and formal relations with New York State since its creation. This history was reaffirmed in 1974 when the New York State Legislature called on Congress to grant our tribe federal recognition.

In addition, a 1987 letter from the Secretary of State of New York to trustees stated that "the Shinnecock Tribe is one of the historic tribes of Long Island which still has tribal existence and occupies (fee simple) land generally within its aboriginal territory… (and)…it is clear that the federal government deals with the Shinnecocks as an Indian Tribe."

You should also know that legal experts in the federal recognition process from the Native American Rights Fund have stated that our application is one of the strongest documented petitions ever submitted to the OFA.

As you know, the GAO stated in November 2001 that the "regulatory process is not equipped to respond in a timely manner;" nor does the process "impose effective timelines that create a sense of urgency." The GAO also noted that it takes BIA on average 15 years to resolve petitions in a system that was originally designed to take 2 years!

In response to the GAO report, then Assistant Secretary of Indian Affairs testified before Congress in February 2002 that staff research positions remain vacant. This is unacceptable.

It seems each time Congress looks into this matter there is a flurry of activity at BIA, but ultimately, little is done and nothing changes. I hope this time will be different.

What system could be put in place to provide for additional funding and manpower to establish a reasonable timeline for application decisions? For example, I am aware that there is presently an expedited procedure to disapprove a petition. Why not develop a similar process to provide for expedited approval of a petition if certain criterion are met, such as being continuously recognized by the state - as is the case with my tribe and New York State?

In addition, we oppose H.R. 3838 and I am appalled that the federal government would contemplate using taxpayer dollars to potentially oppose tribal recognition or related issues. No federal funds have been made available to assist us, or any other tribe on recognition, yet some in Congress want to fund local governments to oppose us? This seems another unfair tactic to me.

In conclusion, please remember that we are among the "First People" of what is now New York State. Our roots have been traced back thousands of years and we have endured countless hardships since that time. Our lands have been illegally taken and we have been forced to walk in two worlds as we fight assimilation and struggle to maintain our ancestral heritage. At present we number 1,320 tribal members, of which 650 reside on about 800 livable acres of our original lands.

In many ways, the injustices that we and our fellow indigenous people have endured for centuries continue today under this broken federal recognition process. I am here today as the descendant of a proud and ancient people and an elected tribal leader who has a sacred responsibility to my Nation and the unborn "seventh generation."

I would respectfully request that you do all that is in your power to fix the federal recognition process, to correct past indignities and to provide for our future for all time.

Thank you.