Letter to Tracy Toulou, Director Office of Tribal Justice
July 2, 2003
Ms. Tracy Toulou, Director
Office of Tribal Justice
Room 5634 Main Justice Building
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Dear Ms. Toulou:
I am writing to respectfully request that the US Department of Justice intervene as a party in current and future court cases to protect federal interests and make clear that the Shinnecock Nation is not a federally recognized tribe and does not have necessary federal government approval build a casino in Hampton Bays, New York.
This week the Shinnecock Nation, which is not a federally-recognized tribe, broke ground on a 65,000-square-foot casino in Hampton Bays in direct violation of a state-issued restraining order. New York State has clearly stated that the tribe must be recognized by the federal government before the state will even begin to negotiate a deal allowing the construction of a casino.
Although the tribe has submitted an application to the Department of the Interior's Bureau of Indian Affairs (BIA) for federal recognition, the BIA has informed me that the application has a number of deficiencies and, at this point, the agency cannot even begin to process it. Unfortunately, the BIA has also notified me that because the Shinnecock Nation does not have federal recognition, this agency has no jurisdiction to prevent them from illegally building a casino. Additionally, the Shinnecock Nation has promised to fight this matter in the Federal Court system. I therefore respectfully ask that the Department of Justice intervene in this matter make clear to the courts that the Federal government has neither recognized the tribe nor authorized the building of a casino.
As an unrecognized tribe whose application for Federal recognition has not begun the years-long process it takes to receive recognition, it is illegal for the Shinnecock Nation to open a casino in Hampton Bays. The tribe is directly violating a New York State restraining order prohibiting the construction of such a complex. I respectfully urge the Department of Justice to take immediate action.
Thank you very much for your attention to this matter.
Sincerely,
Charles E. Schumer
United States Senator