Proposed Federal Recognition Regulations and Connecticut Tribes

Abstract

Federal recognition of an Indian tribe institutionalizes the government-to-government relationship between the tribe and the federal government. Criticisms of the administrative recognition process abound but the Bureau of Indian Affairs has taken the first step towards addressing these criticisms in a Preliminary Discussion Draft proposing changes to the administrative regulations governing recognition. Arguably, nowhere do these changes have the potential for more impact than in the State of Connecticut, where tribes previously denied recognition under controversial circumstances stand to gain recognition under the proposed changes. This Article examines the proposed changes and their impact in light of the past criticisms of the recognition process, the current critiques of the proposals, and their potential impact on Connecticut tribes.