Kent prepares for new Schaghticoke recognition bid

KENT — There are concerns that the Schaghticoke Indians will once again seek federal recognition, which could lead to members demanding the return of tribal lands (primarily properties now owned by the town, the Kent School and Connecticut Light and Power) and to the possibility of a casino being opened in town.

Attorney Jeff Sienkiewicz attended a meeting of Kent’s Board of Selectmen on Tuesday afternoon, Oct. 1, to share some history and give an update on what could happen in the year to come.

There are two groups that claim to be the tribal leaders: The Schaghticoke Tribal Nation, led by Chief Richard Velky, whose office is in Derby, Conn., and the Schaghticoke Indian Tribe, led by Alan Russell, who lives in Kent.

The two groups have been at odds over the years and each claims that the other is a “splinter group,” Sienkiewicz said.

The original petition for recognition from the federal Bureau of Indian Affairs (BIA) was filed in 1994 by Velky and the Schaghticoke Tribal Nation (STN). Russell and his supporters in the Schaghticoke Indian Tribe (SIT) said that their rivals’ petition was actually the Indian Tribe’s petition. 

The federal government briefly recognized the Schaghticoke Tribal Nation, in 2004, and then, in part because of intense lobbying by Connecticut parties including then Attorney General Richard Blumenthal (who is now one of Connecticut’s senators), recognition was rescinded in 2005.

This time, it’s SIT not STN

Sienkiewicz said at the meeting on Tuesday that if the Schaghticokes had been able to clearly prove that they merited federal recognition and could meet all the criteria, then the town would of course accept that the tribe is a tribe. 

“At that time, we felt that if they qualify, then that’s that,” the attorney said.

But if they didn’t meet the criteria, he said, “then it was important that they not be recognized.”

Since the 2004 recognition of the tribe and subsequent rescinding of recognition, the administration of President Barack Obama made some changes to the rules governing tribal recognition. As a result, Russell and the Schaghticoke Indian Tribe are now taking steps to petition for federal recognition. 

Sienkiewicz said that in his opinion, the tribe still does not qualify. Two of the key points are that the tribal members must indicate that they have continuously been a community and that they have been continuously recognized as a political authority. It also has to be clear who is the leader of the tribe.

Sienkiewicz gave some history of the Schaghticokes in Kent, dating back to the 1800s. There were several Indian groups in the area. Some converted to Christianity; others did not. The tribes who did not convert traveled north and left the region. Those who remained are the forebears of today’s Schaghticokes. 

Over the years the Schaghticokes have at various times coalesced and then broken into splinter groups; also, there is clearly disagreement between them about who is the actual leader of the tribe, whether it is Velky and the Schaghticoke Tribal Nation or Russell and the Schaghticoke Indian Tribe.

These and other points indicate to Sienkiewicz that the federal government will not grant recognition.

The cost to the town

However, that doesn’t preclude anyone from seeking recognition, which will involve attorney fees that the town will need to pay. 

Sienkiewicz was formerly the Kent town attorney; the town has kept him on as a consultant specifically on Schaghticoke-related matters because he was the attorney during the years of the Schaghticoke Tribal Nation petition and recognition and subsequent denial of recognition. 

Selectman Chris Garrity asked how much money the town has in its legal fund to fight the expected new application by the Schaghticoke Indian Tribe. The answer was $28,000. It’s anticipated that at least $100,000 will be needed. 

The town of Kent will not be alone in the effort. The Kent School and the state of Connecticut are also actively engaged. First Selectman Bruce Adams and Sienkiewicz have already had a meeting with state representatives who affirmed that the governor and state’s attorney general will actively oppose recognition. 

The worst that could happen?

Several questions were posed by members of the audience at the meeting. One person asked what could happen if the tribe does gain recognition.

Sienkiewicz said it’s hard to say but it could mean the tribe would seize lands that are now owned by the town, Kent School, the power company and some private landowners. 

It’s possible that the tribe could purchase the filling station and convenience store in the center of town and sell tax-free cigarettes and gas, Sienkiewicz said. 

They could also seize Kent School and put a casino in it.

It’s not clear when the Schaghticoke Indian Tribe will begin the process of seeking recognition. There is a very small window for the town and state to make any comments. The Kent School has an attorney in Washington, D.C., who is keeping an eye on their activity.