The Unfinished Battle: The Eastern Pequot’s Decades-Long Fight for Federal Acknowledgment
The narrative of Native American tribes in the United States is often one of resilience, cultural survival, and a relentless pursuit of justice. For the Eastern Pequot Tribal Nation of North Stonington, Connecticut, this pursuit has manifested as a decades-long, emotionally draining, and politically charged battle for federal recognition – a battle that, despite moments of triumph, remains largely unresolved. Their struggle offers a stark illustration of the labyrinthine complexities of the federal acknowledgment process, the profound implications of sovereignty, and the enduring shadow of historical injustice.
The Pequot people, once a dominant force in southeastern New England, were decimated in the brutal Pequot War of 1637, an event that reshaped the colonial landscape and scattered the survivors. Many were sold into slavery, forced into servitude, or absorbed by other tribes. Yet, a resilient core managed to remain in their ancestral homelands, eventually consolidating on two state-recognized reservations: the Pawcatuck Pequot Reservation and the Lantern Hill Reservation, the latter becoming the home of what would be known as the Eastern Pequots. For centuries, these communities maintained their cultural identity, social structures, and a degree of self-governance, albeit under the watchful eye of the State of Connecticut.
The modern quest for federal acknowledgment, however, truly began in the late 20th century, spurred by the growing awareness of tribal sovereignty and the economic opportunities that federal status could unlock, particularly through gaming. In the 1970s, the Bureau of Indian Affairs (BIA) established a formal administrative process for tribes seeking federal recognition. This process, outlined in 25 CFR Part 83, requires petitioners to satisfy seven mandatory criteria:
- Identification as an Indian entity on a substantially continuous basis since 1900.
- A predominant portion of the group comprises a distinct community from historical times until the present.
- It has maintained political influence or authority over its members as an autonomous entity from historical times until the present.
- A copy of the group’s present governing document, including its membership criteria.
- A list of all known members who meet the criteria.
- The group’s members are not members of an acknowledged tribe.
- The tribe is not subject to legislation terminating or forbidding the federal relationship.
For tribes like the Eastern Pequots, these criteria represented a daunting challenge, demanding meticulous historical and anthropological documentation, genealogical records, and proof of continuous community and political authority spanning centuries – a monumental task for a people whose records were often fragmented by war, disease, and forced assimilation.
The Split and the Initial Triumph
A critical turning point, and indeed a major point of contention, emerged early in the process. The Eastern Pequots and a related group, the Paucatuck Eastern Pequots, both descended from the historical Pequot Nation, initially filed separate petitions for federal recognition. However, the BIA, in an effort to streamline the process and reflecting a historical understanding of the two groups as a single entity, urged them to petition jointly. For a time, they did, submitting a joint petition in 1989.
This uneasy alliance, however, fractured. Deep-seated historical disagreements, personality clashes, and differing visions for the future ultimately led to a permanent schism. In 1998, the two groups formally separated their petitions again. This division would prove to be one of the most significant hurdles in their journey.
Despite the internal strife, the Eastern Pequots pressed on. After years of intensive research, submissions, and responses to BIA queries, a glimmer of hope appeared. In March 2000, the BIA issued a Proposed Finding that the Eastern Pequot Tribal Nation met the criteria for federal acknowledgment. This was a monumental step, triggering a period for public comment and further review. The community buzzed with anticipation, envisioning a future of restored sovereignty, access to federal services, and the potential for economic development that could lift their people out of generations of poverty.
Two years later, in June 2002, the BIA delivered a definitive victory: a Final Determination granting federal acknowledgment to the Eastern Pequot Tribal Nation. The ruling, signed by then-Assistant Secretary for Indian Affairs Neal A. McCaleb, affirmed that the tribe had indeed met all seven criteria, demonstrating continuous existence as a distinct community with political authority since the 17th century. It was a moment of profound joy and vindication for a people who had fought for so long to reclaim their rightful place. Tribal leaders spoke of healing historical wounds, investing in their community, and protecting their ancestral lands. The decision also carried significant economic implications, as the tribe, like many others in Connecticut, was considering the development of a gaming facility.
The Storm of Opposition and the Stunned Reversal
The euphoria, however, was short-lived and quickly overshadowed by a fierce backlash. The prospect of another federally recognized tribe in Connecticut, particularly one with potential gaming ambitions, ignited a firestorm of opposition. Local towns, particularly North Stonington, expressed fears about increased traffic, environmental impact, and the erosion of their municipal authority. State officials, including then-Attorney General Richard Blumenthal, also vehemently opposed the decision, arguing that the BIA had erred in its findings and that the Eastern Pequots did not meet the criteria for continuous community and political authority.
Powerful anti-gambling groups and well-funded opposition coalitions joined the fray, raising questions about the legitimacy of "new" tribes and the BIA’s process itself. The Mashantucket Pequot Tribal Nation, whose Foxwoods Resort Casino had already transformed the regional economy, ironically became both an inspiration for other tribes seeking recognition and a target of the broader anti-recognition movement, which often framed the issue as "casino tribes" rather than one of indigenous rights.
This intense political pressure eventually led to a review of the BIA’s decision by the Interior Board of Indian Appeals (IBIA) and, crucially, by the new Assistant Secretary for Indian Affairs, David W. Anderson, a political appointee of the George W. Bush administration. The stage was set for a dramatic and unprecedented reversal.
In March 2005, the federal government dropped a bombshell: Assistant Secretary Anderson formally reversed the BIA’s 2002 Final Determination, effectively revoking federal recognition for the Eastern Pequot Tribal Nation. The decision sent shockwaves through the tribal community and the broader landscape of Indian law. Anderson’s reasoning centered on a reinterpretation of two key criteria: the requirement for a "distinct community" and "political influence or authority."
Specifically, Anderson argued that the split between the Eastern Pequots and the Paucatuck Eastern Pequots in 1998 demonstrated that neither group could definitively prove continuous political authority over the original historical entity that the BIA had initially recognized. He asserted that the evidence did not adequately establish that the Eastern Pequots, as a distinct entity separate from the Paucatuck, had maintained continuous political authority over two-thirds of their membership since historical times. This "two-thirds rule," a BIA guideline for determining continuity when a group has fragmented, became the linchpin of the reversal. The decision effectively stated that by splitting, both groups had undermined their individual claims to represent the continuous historical political entity.
The Aftermath: A Lingering Limbo
The reversal plunged the Eastern Pequot Tribal Nation back into a state of limbo, shattering hopes and reigniting the emotional wounds of historical dispossession. Tribal leaders denounced the decision as politically motivated, a capitulation to anti-Indian sentiment and powerful lobbying efforts. They pointed to the extensive documentation they had provided, which had previously satisfied the BIA’s experts, and argued that the new interpretation was a clear move away from established precedent.
The tribe immediately launched legal challenges, appealing the Assistant Secretary’s decision in federal court. Their arguments centered on the arbitrary and capricious nature of the reversal, the lack of due process, and the BIA’s own inconsistency. However, the legal road has been long and arduous, marked by appeals and remands.
As of today, the Eastern Pequot Tribal Nation remains a state-recognized tribe in Connecticut but lacks federal acknowledgment. They continue to maintain their community, their cultural practices, and their inherent sense of identity, but without the full benefits and protections that come with federal status. This includes access to federal funding for healthcare, education, housing, and economic development programs, as well as the inherent sovereign rights that underpin self-determination.
The Eastern Pequot’s story is more than just a local dispute; it has broader implications for tribal sovereignty and the integrity of the federal acknowledgment process. It highlights the immense power wielded by the Assistant Secretary for Indian Affairs, a political appointee, to overturn the findings of career BIA researchers and administrators. It underscores how political and economic pressures can influence what is ostensibly a historical and anthropological determination.
For the Eastern Pequots, the fight for federal acknowledgment is not merely about casinos or land; it is fundamentally about the affirmation of their identity, the recognition of their enduring history, and the right to self-determination that was denied to their ancestors. Their long fight continues, a testament to their unwavering spirit and a stark reminder that for many Native American communities, the battle for justice and recognition is far from over. The shadow of dispossession, cast centuries ago, still lingers, and the Eastern Pequots persist, waiting for the day their nation is fully acknowledged by the federal government they have long sought to join as an equal.
