Cowlitz Indian Tribe
P.O. Box 2547 Longview, WA 98632

Eliminating the "Indian problem"?

Where our government is concerned, the first step to solve a problem is often to create a problem.

by John Barnett, Tribal Chairman

First, the good news

I was told by Holly Record back in Washington D.C. on April 1st, 1996, that we could possibly hear our answer concerning a preliminary decision on the Cowlitz Indian Tribe’s Federal Acknowledgment decision by early July. Everything seems to be in order and no serious questions have come up that we were not able to readily answer.

Writing the decision by the BAR staff is to be completed by April 21, 1996. Then it will leave the BAR office and go through peer review in the Dept. of Interior with a sign off from Scott Keep, the chief solicitor for the Department.

The final signoff will be by Ada Deer, the Assistant Secretary for Indian Affairs. We are also cautiously hopeful to receive a positive determination.

The bad news

Rep. Jack Metcalf, a Congressman from the Northwest District (Seattle north) who is on the House Natural Resources Committee and the sub-committee on Insular and Indian Affairs, proposed a bill in the committee that would effectively stop the Federal Acknowledgment Process and eliminate 99 percent of the petitioning tribes from ever being successful.

You might remember Rep. Metcalf as a man who advocated the abolishment of all Indian treaties and all Indian rights. I am enclosing exact quotes from his bill os you can see the type of discrimination and racism this man supports:

HR 2997 IH

104th CONGRESS, 2d Session
To establish certain criteria for administrative procedures to extend Federal recognition to certain Indian groups, and for other purposes.
February 29, 1996
Mr. METCALF introduced the following bill; which was referred to the Committee on Resources
A BILL
To establish certain criteria for administrative procedures to extend Federal recognition to certain Indian groups, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. PERCLUSION OF CERTAIN RECOGNITION PETITIONS.

No Indian group, which has submitted a petition for Federal recognition as an Indian tribe to the Secretary of the Interior, shall be eligible for such recognition if- -

  1. such group
    1. was a party to, or attempted to intervene in, any action in a United States court of competent jurisdiction in which such group claimed status as an Indian tribe or as a successor-in-interest to an Intian tribe that was a party to a treaty with the United States; and
    2. was determined by such court--
      1. not to be an organized tribal structure, or
      2. not to have maintained an organized tribal structure, or
      3. not to be a successor-in-interest to an Indian tribe that was party to a treaty with the United States; and
    3. a Federally recognized Indian tribe was a party to such action in opposition to the claim of any such group.

Sec. 2. GEOGRAPHIC CONCENTRATION. (applies to Cowlitz)

In the consideration of any petition by an Indian group for Federal recognition as an Indian tribe, the Secretary of the Interior shall require, in addition to any other requirements for recognition under administrative regulations, a showing that a majority of the membership of the petitioning group lives, and since historical times has lived, concentrated in a specific geographic settlement area of areas viewsed as American Indian, and distinct from other populations in the area or areas.

  1. IN GENERAL - Any Federally recognized Indian tribe within the State in which a petitioning Indian group resides--
    1. shall have standing to participate as a party in all administrative proceedings and hearings on a petition by such group for Federal recognition as an Indian tribe,
    2. shall be entitled to obtain from the Secretary of Interior, and respond to, all evidence supporting the petition, and
    3. shall be entitled to obtain from the Secretary of the Interior, and respond to, all evidence supporting the petition, and
    4. shall have a right to appeal a final decision of the Secretary on such petition to the Federal District Court for the district in which the petitioner resides.
  2. LIMITED WAIVER OF SOVEREIGN IMMUNITY - In any appeal under subsection (a) of a final decision of the Secretary extending Federal recognition to a petitioning Indian group, the newly recognized petitioners shall hot have sovereign immunity to being joined as a party in such appeal.

SEC. 4. APPLICATION OF PROVISIONS.

The provisions of this Act shally apply to any petition pending before the Secretary of the Interior on the date of enactment of this Act, notwithstanding the stage of such petition, and any petition submitted, or subject to further consideration, after the 104th Congress date of enactment of this Act.

As a tribe we must do our part to stop this bill through a massive letter writing campaign to our individual senators and representatives plus members of the House Natural Resources Committee. Your Tribal Council met in special session on April 6, 1996, and is already initiating this letter writing campaign. If you live in Rep. Metcalf’s district, perhaps a visit to his office to voice your concern and opposition would be most appropriate.

You can write Rep. Metcalf at:

Congressman Jack Metcalf
507 Cannon
Washington D.C. 20515
[ AMERICAN INDIAN ]
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