Pamunkey challenge denied, tribe now federally recognized
The Pamunkey Indian Tribe cleared its final hurdle to obtaining federal recognition late last week when a federal appeals board dismissed a challenge to the group’s status.
The Pamunkey Indian Tribe has fought for more than a decade to receive federal recognition, and it appeared to do so in early 2015 before a California-based gaming watchdog filed a last-minute challenge with the Interior Board of Indian Appeals.
In its challenge’s Stand Up for California! joined with MGM National Harbor to submit comments claiming the Pamunkey failed to show current members descended from the historical Indian tribe, and the tribe had not maintained political influence or authority over its members. Both criteria are needed for federal recognition.
In its Jan. 28 decision, the Interior Board of Indian Appeals ruled “Stand Up for California!’s challenge was unmerited writing “The Assistant Secretary concluded that the Tribe had submitted ‘voluminous and clear documentation’ that his experts viewed as ‘truly extraordinary,’ and which he concluded ‘easily satisfies’ the regulatory criteria.”
MGM National Harbor plans to open a $1.3 billion casino resort in Maryland’s Prince George County in the second half of 2016.
With federal recognition, the Pamunkey will have the option of pursuing casino gambling in a state that has long opposed it, as well as selling tax-free cigarettes.
Pamunkey Indian Chief Robert Gray said the group learned of the decision Monday.
The chief said there are no immediate plans to celebrate. “We’re tickled … but we’re just plodding along.”
Gray has said the Pamunkey have no immediate interest in casino gaming.
With the appeals board's decision, the 203-member tribe joins 566 other tribal nations nationwide.
The Pamunkey tribe first began seeking federal recognition in 1982.
After years of roadblocks, the Pamunkey filed its letter of intent to petition the Bureau of Indian Affairs in 2009. Researchers from the University of Florida also drafted a petition that documented the Pamunkey Indian Tribe’s history and genealogy dating back to 1787.
The Pamunkey received active consideration three years later in August 2012 and the group earned preliminary federal recognition in January 2014.
"The Tribe never doubted that its Final Determination would become final and effective, though it is pleased that the IBIA was able to reach final resolution so quickly," wrote Pamunkey lawyer Mark Tilden in a prepared statement. "The Tribe can now move forward in its new chapter as a federally-recognized Indian Tribe."
The appeals board's decision came with applause from Capital Hill.
“We are thrilled that federal recognition of the Pamunkey tribe is finally official,” wrote U.S. sens. Mark Warner and Tim Kaine in a prepared statement. “With this long-overdue designation, the Pamunkey is the first Virginia tribe to be recognized and receive access to critical federal benefits ...”
