Statement of Administration Policy: S. 45 - Jena Band of Choctaw Recognition Act & S. 362 - Mowa Band of Choctaw Indians Recognition Act & S. 374 - Aroostook Band of Micmacs Settlement Act

(Senate)

S. 45: (Johnston (D) Louisiana and Breaux (D) Louisiana)
S. 362: (Shelby (D) Alabama and Heflin (D) Alabama)
S. 374: (Cohen (R) Maine and Mitchell (D) Maine)

The Administration strongly opposes S. 45, S. 362, and S. 374, because these bills would statutorily acknowledge the Jena Band of Choctaw Indians (Louisiana), the Mowa Band of Choctaw Indians (Alabama), and the Aroostook Band of Micmac Indians (Maine), respectively. If either S. 45, S. 362, or S. 374 is presented to the President, the Secretary of the Interior will recommend a veto.

In 1978, the Department of the Interior established the Federal acknowledgment process to ensure that all acknowledgment petitions would be evaluated in an objective and uniform manner. The process, developed with the support of the Indian tribes and Congress, provides each petitioning group the opportunity for an unbiased, detailed review of its petition.

S. 45, S. 362, and S. 374, however, would circumvent this process. To do so may erroneously acknowledge a group as an Indian tribe, thereby entitling the group to numerous Federal programs and benefits afforded Federally recognized tribes. Recognition through legislation would be unfair to all other groups seeking Federal acknowledgment and would undermine the administrative process that was designed to eliminate the need for ad hoc determinations through legislation.