We recorded that video six months ago, as lawyer Scott Wheat spoke at the dedication of the Duwamish Tribe Longhouse in West Seattle, talking about the tribe’s fight for legal survival. That fight is not yet won; it’s being pursued on two fronts: a lawsuit, and Congressional legislation (for which Duwamish chair Cecile Hansen is invited to travel to D.C. in two weeks to testify). And it all requires $, even though the tribe is getting a lot of pro-bono help. To help with that, the tribe invites you to the longhouse for a fundraising salmon bake noon-4 pm this Friday (with a hot-dog option too). Read on for details, and the latest on the recognition fight, described as at a “life or death moment”:

The U.S. House Natural Resources Committee has invited the Chairwoman of the Duwamish Tribe, Cecile Hansen, to testify on July 15th in an upcoming hearing on HR 2678, The Duwamish Federal Recognition Act. Tribal Chairwoman Cecile Hansen, a direct descendant of Chief Seattle, plans to travel to Washington, DC to present testimony in support of the bill.

On June 3rd, Rep. Jim McDermott (D-WA) introduced legislation, H.R. 2678, calling for federal recognition of the Duwamish Tribe. The bill’s introduction came on the same day the House voted to extend federal recognition to Virginia Tribes. In recognizing those efforts, Rep. McDermott noted in remarks on the House floor that there was more work to do:

“Despite the Treaty of Point Elliot that the Duwamish signed in good faith with the United States in 1855, federal recognition has not been extended and this is wrong. Promises were made to the Duwamish, but not kept. And it is time to correct this injustice for the Duwamish, just as we are doing in Virginia.”

For a matter of hours at the end of the Clinton Administration the Duwamish Tribe seemed to have obtained federal recognition, but the status was reversed at the beginning of the Bush Administration.
On June 3rd, while introducing the Bill, Rep. McDermott said: “It is my hope that the new day dawning across America is bright enough to shine enough light for us to see and correct the injustices endured for too long by the first Americans.”

The tribe is fighting the recognition battle on 2 fronts.

First through legislation—On June 3, 2009 Representative McDermott introduced H.R.2678, the Duwamish Tribal Recognition Act. Similar Duwamish bills were introduced several times during the Bush Administration but no further action was taken on the bills. McDermott recently indicated he was more hopeful of House action since the House passed bills supporting the recognition of six Virginia tribes and the Lumbee Tribe of North Carolina—these bills must now be considered by the Senate.

Second through the courts–

The Duwamish tribe – the tribe of Chief Seattle – is suing the federal government for recognition.

In a suit filed last May, Duwamish asks the court to reverse a 2001 Bureau of Indian Affairs decision denying the Tribe federal recognition. The Duwamish Tribe was recognized by the Department of the Interior in the waning days of the Clinton Administration, only to have that positive determination overturned by the incoming Bush administration.

Federal recognition would place the Tribe on equal footing with other Northwest Tribes, including the establishment of a reservation for the Duwamish.

At the end of February 2009, Duwamish Tribal attorneys received 31,000 pages of documents from the Bureau of Indian Affairs (BIA), which encompasses the federal government’s determination of the Administrative Record in regard to the Duwamish Tribe’s Petition for recognition. The record spans over 30-years, predating 1978, when the tribal petitioning process was established and the Duwamish Tribe submitted a letter of intent to clarify its status as a federally recognized tribe. The record includes materials submitted by the tribe, and materials collected and generated by the BIA. The record includes notes from the Clinton Administration’s Assistant Secretary for Indian Affairs who recommended that the Duwamish Tribe be recognized.

In late April 2009, Judge John Coughenour granted the Duwamish Tribe’s request for a 6 month extension to review and analyze a 31,000 page administrative record in Duwamish v. Kempthorne (No. C08-0717-JCC). Following this review, the case will then return to Judge Coughenour for a status conference.

The Tribe’s litigation is being handled, pro bono, by an experienced team of tribal attorneys. However, the Tribe must hire an expert witness, an anthropologist that is intimately familiar with the federal recognition process, to review the record and report to the legal team before the status hearing. Without that expert review, the tribal attorneys will not be able to proceed with the case. The Duwamish Tribe has started a legal fund to raise $128,000 over the next 6 months to cover the costs of the expert’s review and report. The tribe has raised $40,000 for a down payment, but still needs $88,000 to complete the necessary work.

Salmon Bake for Justice

The Duwamish Tribe is inviting Seattle to a Salmon Bake this 4th of July weekend. It will be fun, but also in the spirit of the holiday. The Duwamish Tribe is seeking the political self-determination federally recognized tribes enjoy. Federal recognition would place the Tribe on equal footing with other Northwest Tribes.

Event: Salmon Bake for Justice—Benefits the Duwamish Legal Fund
$20-salmon dinner with Indian fry bread
$5—hotdog, chips, drink
Date: July 3, 2009 Noon to 4 PM
Place: Duwamish Longhouse & Cultural Center
4705 W Marginal Way SW
Seattle, WA 98106

Cecile Hansen, the Tribal Chairwoman and direct descendant of Chief Seattle has been asking the people of Seattle for help. “If everybody in Seattle gave us one dollar, we would be able to raise the money for our legal defense fund to appeal the 2001 negative determination. We are not asking Seattle to give us back our land, just a little help to find justice.”

This is a life or death moment for the legal status of the Duwamish Tribe!

Donations should be sent to Duwamish Tribal Services at 4705 West Marginal Way SW Seattle, WA 98106.

There is precedent for overturning a final determination denying tribal recognition. The final determination denying tribal recognition of the Samish Tribe (Anacortes, WA) was overturned after court review.