Post by blackcrowheart on Apr 2, 2006 16:32:51 GMT -5
The blessing & Burden of Recognistion
A blessing and a burden
By SEAN GONSALVES
STAFF WRITER
AQUINNAH - On the surface, the rural thumb of land on the western tip of
Martha's Vineyard has all the characteristics of small-town America.
How did federal recognition affect the town of Aquinnah?
$2.84
million: Total town budget appropriated for FY 2006.
$830,000:
The town's portion of the regional school budget for FY 2006.
$20,000:
Per-pupil cost to educate children in Aquinnah schools.
$11,000: The amount of "impact aid" the town gets from the federal
government on behalf of the Wampa-noag Tribe of Gay Head in lieu of
taxes.
60 percent: Schoolchildren in Aquinnah who are Wampanoag
$8,000:
Approximate amount the tribe pays the town as part of an "emergency
services agreement," in which the town provides public-safety services
for the tribe.
Source: Aquinnah town administrator's office
With a year-round population of 360, the town of Aquinnah has a public
library and a white wood-shingled town hall with a small police station
next door.
The locals greet each other by first names. Street lights are sparse.
When night falls, the picture-postcard landscape is hidden in quiet
darkness.
A mile down the road from town hall is another government building. And
that's where the small-town America comparisons end.
The building, and the 481 acres of dense woodlands that surround it,
belongs to Mashpee's sister tribe, the Wampanoag Tribe of Gay Head - the
only federally recognized tribe in the commonwealth.
But even now, 20 years after the tribe received federal recognition,
there's a sense both in and outside the tribe that the designation has
been a blessing and a burden.
Visitors to what one selectmen calls ''the island on the island''
wouldn't necessarily notice the subtle but significant changes that have
taken place over the years.
The tribe kept the name Gay Head, while the town officially changed its
name to Aquinnah in 1998.
But the most significant change came when the tribal-owned property was
taken into trust by the federal government for the tribe, carving out of
the island's 93 square miles a corner of tax-exempt land.
For the tribe's 1,099 members - 68 of whom live in Aquinnah while
another 298 tribe members live elsewhere in Dukes County - it has meant
the ability to build 30 units of affordable tribal housing, open a
shellfish hatchery and begin construction of a tribal community center.
Although federal recognition has given the tribe a permanent foothold on
the land their ancestors once freely roamed, Tribal Council Chairman
Donald Widdiss says ''federal recognition is not the Promised Land.
You're only as sovereign as the courts allow you to be.''
The tall, pensive tribal council chairman reflected on his tribe's
sovereignty, or lack thereof, in light of his sister tribe's - the
Mashpee Wampanoag - quest for federal recognition.
''It's a constant battle to assert your sovereignty,'' he said, seated
in the tribal council's meeting room earlier this week.
Though he wishes the Mashpee tribe good fortune, Widdiss also has a word
of caution.
''Federal recognition is a compromise, really. Any time you sign a
document or get a grant from the federal government, it's essentially a
waiver on sovereign immunity. So I'm not sure it's always good to get
what you wish for.
''What's better? Building your own homes or jumping through hoops for
Housing and Urban Development?'' he asked.
Federally recognized tribes would be wise to pursue independent economic
development initiatives, Widdiss said, and not necessarily only gaming,
because ''money is power.''
''We have a number of ongoing projects,'' he said, including the
possible acquisition of a jet-charter company, expanding the tribe's
shellfish hatchery, developing wind energy and possibly becoming a
distribution center for affordable pharmaceutical prescriptions.
Federal recognition has its pitfalls for the tribe and the town. The
federal designation of tax-exempt tribal lands has meant losing
thousands of dollars in property tax revenues. This has squeezed the
town's school budget.
''On the surface, there is total acceptance; but below the surface,
there's some resentment (among non-tribal members),'' said James ''Jim''
Newman, chairman of the board of selectmen.
With tribal land no longer on the town's tax rolls, coupled with the
demographic reality that 60 percent of the town's school children are
tribe members, the town is facing a school-budget crisis, Newman said.
The per-pupil cost is about $20,000 a year. The federal government is
supposed to reimburse the town for educating Wampanoag children. But
after applying for the money, called ''impact aid,'' the town has
received only $11,000.
''And I don't think the federal government really cares,'' he said.
While the town's regional school bill was $830,000 for the past fiscal
year, out of a town budget of $2.4 million, Town Administrator Jeff
Burgoyne said it puts a cap on what can be spent on other town services.
With the help of the state Department of Revenue, the town is poised to
begin a land survey necessary to make an accurate assessment. Aside from
the $11,000 in ''impact aid'' the town receives from the federal
government, the tribal council also pays about $8,000 a year to the town
as part of an ''emergency services agreement,'' which provides public
safety services for the tribe.
There have been disputes over zoning as well. The town and the tribe
went to court over whether the tribe had the sovereign right to build a
shed and pier on the grounds of the tribe's hatchery without having to
get a permit from the town zoning board.
A land court judge ruled in the tribe's favor. The town won the appeal,
and the state Supreme Judicial Court upheld the decision.
The tribe agreed last week to apply for permits for the shed, marking a
victory for the town. The permits will have to be approved by the
planning board and conservation commission.
The zoning debate on that particular property may have been settled, but
not necessarily other questions about zoning.
The tribe's 1993 land-use plan has yet to be completed, but of the
tribe's 481 acres, only 98 are developable.
Town and tribe officials are negotiating a memorandum-of-understanding
stipulating zoning regulations for all tribal land with both sides
saying they want to avoid costly legal fights.
No matter the issue, Newman said, as a town official balance is key,
given that roughly half the town residents are tribe members.
Reaching for a newspaper lying on a table in the town hall's main
meeting room, Newman held up the weekly's front-page photo of a local
Wampanoag storyteller to illustrate his point.
''There's a real cultural richness the tribe brings, but relations
between the town and the tribe have been tenuous at times,'' he said.
Over the past year, relations have warmed considerably, he added. Part
of that, he said, comes from recognizing ''they were here for thousands
of years before we were.''
Sean Gonsalves can be reached at sgonsalves@capecodonline.com.
(Published: April 1, 2006)
Copyright © Cape Cod Times. All rights reserved.
A blessing and a burden
By SEAN GONSALVES
STAFF WRITER
AQUINNAH - On the surface, the rural thumb of land on the western tip of
Martha's Vineyard has all the characteristics of small-town America.
How did federal recognition affect the town of Aquinnah?
$2.84
million: Total town budget appropriated for FY 2006.
$830,000:
The town's portion of the regional school budget for FY 2006.
$20,000:
Per-pupil cost to educate children in Aquinnah schools.
$11,000: The amount of "impact aid" the town gets from the federal
government on behalf of the Wampa-noag Tribe of Gay Head in lieu of
taxes.
60 percent: Schoolchildren in Aquinnah who are Wampanoag
$8,000:
Approximate amount the tribe pays the town as part of an "emergency
services agreement," in which the town provides public-safety services
for the tribe.
Source: Aquinnah town administrator's office
With a year-round population of 360, the town of Aquinnah has a public
library and a white wood-shingled town hall with a small police station
next door.
The locals greet each other by first names. Street lights are sparse.
When night falls, the picture-postcard landscape is hidden in quiet
darkness.
A mile down the road from town hall is another government building. And
that's where the small-town America comparisons end.
The building, and the 481 acres of dense woodlands that surround it,
belongs to Mashpee's sister tribe, the Wampanoag Tribe of Gay Head - the
only federally recognized tribe in the commonwealth.
But even now, 20 years after the tribe received federal recognition,
there's a sense both in and outside the tribe that the designation has
been a blessing and a burden.
Visitors to what one selectmen calls ''the island on the island''
wouldn't necessarily notice the subtle but significant changes that have
taken place over the years.
The tribe kept the name Gay Head, while the town officially changed its
name to Aquinnah in 1998.
But the most significant change came when the tribal-owned property was
taken into trust by the federal government for the tribe, carving out of
the island's 93 square miles a corner of tax-exempt land.
For the tribe's 1,099 members - 68 of whom live in Aquinnah while
another 298 tribe members live elsewhere in Dukes County - it has meant
the ability to build 30 units of affordable tribal housing, open a
shellfish hatchery and begin construction of a tribal community center.
Although federal recognition has given the tribe a permanent foothold on
the land their ancestors once freely roamed, Tribal Council Chairman
Donald Widdiss says ''federal recognition is not the Promised Land.
You're only as sovereign as the courts allow you to be.''
The tall, pensive tribal council chairman reflected on his tribe's
sovereignty, or lack thereof, in light of his sister tribe's - the
Mashpee Wampanoag - quest for federal recognition.
''It's a constant battle to assert your sovereignty,'' he said, seated
in the tribal council's meeting room earlier this week.
Though he wishes the Mashpee tribe good fortune, Widdiss also has a word
of caution.
''Federal recognition is a compromise, really. Any time you sign a
document or get a grant from the federal government, it's essentially a
waiver on sovereign immunity. So I'm not sure it's always good to get
what you wish for.
''What's better? Building your own homes or jumping through hoops for
Housing and Urban Development?'' he asked.
Federally recognized tribes would be wise to pursue independent economic
development initiatives, Widdiss said, and not necessarily only gaming,
because ''money is power.''
''We have a number of ongoing projects,'' he said, including the
possible acquisition of a jet-charter company, expanding the tribe's
shellfish hatchery, developing wind energy and possibly becoming a
distribution center for affordable pharmaceutical prescriptions.
Federal recognition has its pitfalls for the tribe and the town. The
federal designation of tax-exempt tribal lands has meant losing
thousands of dollars in property tax revenues. This has squeezed the
town's school budget.
''On the surface, there is total acceptance; but below the surface,
there's some resentment (among non-tribal members),'' said James ''Jim''
Newman, chairman of the board of selectmen.
With tribal land no longer on the town's tax rolls, coupled with the
demographic reality that 60 percent of the town's school children are
tribe members, the town is facing a school-budget crisis, Newman said.
The per-pupil cost is about $20,000 a year. The federal government is
supposed to reimburse the town for educating Wampanoag children. But
after applying for the money, called ''impact aid,'' the town has
received only $11,000.
''And I don't think the federal government really cares,'' he said.
While the town's regional school bill was $830,000 for the past fiscal
year, out of a town budget of $2.4 million, Town Administrator Jeff
Burgoyne said it puts a cap on what can be spent on other town services.
With the help of the state Department of Revenue, the town is poised to
begin a land survey necessary to make an accurate assessment. Aside from
the $11,000 in ''impact aid'' the town receives from the federal
government, the tribal council also pays about $8,000 a year to the town
as part of an ''emergency services agreement,'' which provides public
safety services for the tribe.
There have been disputes over zoning as well. The town and the tribe
went to court over whether the tribe had the sovereign right to build a
shed and pier on the grounds of the tribe's hatchery without having to
get a permit from the town zoning board.
A land court judge ruled in the tribe's favor. The town won the appeal,
and the state Supreme Judicial Court upheld the decision.
The tribe agreed last week to apply for permits for the shed, marking a
victory for the town. The permits will have to be approved by the
planning board and conservation commission.
The zoning debate on that particular property may have been settled, but
not necessarily other questions about zoning.
The tribe's 1993 land-use plan has yet to be completed, but of the
tribe's 481 acres, only 98 are developable.
Town and tribe officials are negotiating a memorandum-of-understanding
stipulating zoning regulations for all tribal land with both sides
saying they want to avoid costly legal fights.
No matter the issue, Newman said, as a town official balance is key,
given that roughly half the town residents are tribe members.
Reaching for a newspaper lying on a table in the town hall's main
meeting room, Newman held up the weekly's front-page photo of a local
Wampanoag storyteller to illustrate his point.
''There's a real cultural richness the tribe brings, but relations
between the town and the tribe have been tenuous at times,'' he said.
Over the past year, relations have warmed considerably, he added. Part
of that, he said, comes from recognizing ''they were here for thousands
of years before we were.''
Sean Gonsalves can be reached at sgonsalves@capecodonline.com.
(Published: April 1, 2006)
Copyright © Cape Cod Times. All rights reserved.