Akwesasne – The St. Regis Mohawk Tribe received the Bureau of Indian Affairs’ (BIA) decision today determining that it recognizes the Three Chief System as the representative body that it will conduct government-to-government relations with. Equally as important as the governance decision was the BIA’s determination regarding prior challenges to the Tribal Court. The BIA stated that all prior decisions of the BIA regarding the invalidity of Tribal Court had been vacated by a federal court judge and “as a matter of law are now no longer extant.”

The BIA’s decision is the latest development in a nearly twelve year governance dispute stemming from the Tribe’s effort to adopt a Tribal Constitution. The Constitutional referendum resulted in 50.94% voting in favor, which represented a majority, but less than the 51% required in the adoption clause of the Constitution. On two separate occasions, two different federal courts struck down decisions by the BIA that attempted to resolve the issue of whether the Tribe had adopted the Constitution.

In 1999, U.S. District Judge Kollar-Kotelly ruled that the BIA had acted in an “arbitrary and capricious” manner in its earlier decisions that recognized the Constitutional Government. In 2004, U.S. Magistrate Judge Peebles ruled that the BIA acted arbitrarily in proceeding to recognize the Three Chief government without conducting a meaningful and thorough review of the validity of the Constitution and the Tribal Court. The matter was remanded to the BIA to render a decision that has now been issued.

This past August, the Three Chief System, which has been the recognized governing authority since 2000, held another referendum on adoption of the 1995 Constitution. The document failed to pass by a two-to-one margin.

The BIA’s decision, issued by Franklin Keel, Eastern Regional Director of the BIA who stated that, “If the concept of Indian Self-determination means anything, it means that a Tribe has the inherent right, power, and authority to make its own laws and be governed by them.” Keel indicated that there was much to consider in his decision and gave weight to the referenda as an expression of the will of the people. “(The referenda) are the only contemporaneous expression of the will of the Tribe available to me. They reveal that those who voted did not wish the Tribe to be governed by the Constitution.” Mr. Keel relied heavily on four tribal referenda that followed the 1995 vote on the Constitution, including the one that took place in August of this year. “I must recognize the fact that the people of St. Regis Mohawk Tribe have chosen not to be governed by the Constitution, and they have clearly expressed their desire to revert to the traditional form of governance by the Council of Three elected Chiefs and Sub-Chiefs.”

Keel decided that it was not necessary for the BIA to rule on the separate issue of the validity and authority of the Tribal Court. “In as much as I have concluded that the Tribe is governed by its Three Chief form of government, there is no issue before me pertaining to the validity of a Tribal Court, nor are there any Tribal Court rulings that have come to my attention which require examination by the Bureau.

“As a member of the Three Chief System, I feel the decision is a vindication for this governance system and our Tribal Court. That doesn’t mean we aren’t open to making needed reforms and, if necessary, expanding the court. We are very much committed to this,” said Tribal Chief Lorraine White. “But the Tribe has been engaged in this governance dispute for far too long and has suffered from the suggestion that our Court is invalid. We hope that this decision brings about much needed resolution and serves to restore integrity to our governance structure.”

Tribal Chief Barbara Lazore, who was a supporter of the Constitutional Government, yet who also serves as a member of the Three Chief System said, “We took the Constitution to the people again and again. I believed in it, but the voice of the people speaks the loudest and carries the most weight. I’m glad we have a decision and I hope that we can now move beyond this issue. The Tribe is already moving forward with governance reform efforts and we have high hopes of taking a new governance document to the people at the June 2008 elections”

“This has been a terrifically complex case with deep roots. I would like to emphasize the fact that it is the votes and the will of the people that was closely examined in rendering this decision. The BIA only agreed with the people here,” said Tribal Chief James Ransom. “It is time for the Tribe to take a positive step forward and unleash ourselves from the tangles of the past.”

The BIA has informed the Tribe that it will allow for an appeal, but that appeal must be submitted within 30 days. If no notice of appeal is filed, the BIA’s decision will become final.