Recognize Tribe, Judge Rules

The Bureau of Indian Affairs was wrong to declare the Samish Indian tribe extinct, an administrative law judge has concluded in a ruling that could affect dozens of unrecognized tribes around the country.

The Samish should receive full recognition, said David Torbett, an administrative law judge with the Interior Department, in a ruling that strongly criticized the BIA’s 1987 decision.

If Torbett’s recommendation is followed by Interior Secretary Bruce Babbitt, the Samish’s 600 members would be eligible for the full range of federal funding for social programs, education, health and tribal government.

The decision “throws into doubt the entire process by which the U.S. determines who is an Indian tribe,” said Russel Barsh, the Samish tribe’s attorney in the case.

“It will make it a lot easier for the other unrecognized tribes in Puget Sound and elsewhere to regain recognition,” he said.

There are six unrecognized tribes in Western Washington - the Duwamish, Snohomish, Snoqualmie and Steilacoom tribes in the Puget Sound area, which have roughly 2,600 members, and the Chinook and Cowlitz tribes, with 2,800 members. There are about 130 unrecognized tribes across the country.