North Stonington — In its latest attempt to restart the federal acknowledgment process, the Historic Eastern Pequot Tribe has appealed a recently denied petition submitted in May.

Filed by attorney James Benny Jones, counsel for the tribe, the appeal challenges the denial and requests a new hearing.

It was received by the Department of the Interior on July 29.

The towns of Ledyard, Preston and North Stonington have been permitted by an administrative judge to submit evidence in the appeal. The towns are seeking to get the appeal dismissed.

Federal acknowledgment allows a tribe to receive federal aid and land taken into trust to be used for economic development.

In 2002, the Bureau of Indian Affairs said the petitions of the Eastern Pequots and the Paucatuck Eastern Pequots met the criteria for recognition when considered together as the "Historic Eastern Pequot Tribe."

However, upon consideration by the Interior Board of Indian Appeals — requested by the towns of Ledyard, Preston and North Stonington — that board in 2005 asserted the tribes did not demonstrate political and community continuity from 1913 to 1980, reversing the BIA ruling.

The decision was sent to the associate deputy secretary of the BIA, who later denied both individual petitions.

The combined tribe, under the name Eastern Pequot Tribal Nation, submitted a petition in May as a "previously acknowledged" entity, submitting a tribal constitution as evidence of their unity, and asked the BIA to "reaffirm" the acknowledgment.

R. Lee Fleming, director of the Department of the Interior's Office of Federal Acknowledgment, sent the tribe a letter, dated June 2, denying the petition because he said the tribe had "exhausted their appeals."

Jones disagreed, stating the combined tribe has a right under new regulations to appeal as a previously acknowledged tribe.

On Aug. 23, Donald Bauer of the law firm Perkins Coie filed a motion to intervene in the appeal process on behalf of the towns of Preston, Ledyard and North Stonington.

He cited the tribe's ability to lay claim to lands within the towns as justification for the towns intervening in the proceedings, and said that in years past the tribe intended to pursue a casino.

Judge Andrew Pearlstein on Aug. 24 approved the towns' request, writing that "there is no doubt that the Towns have the right to intervene in this proceeding."

The town would be able to provide exhibits and present evidence from the record but did not request to present any witnesses.

Bauer said he will argue that there is no process under the new regulations to appeal a denied re-petition as Jones suggested, and that the towns will move to dismiss the appeal, stating the tribes "have filed a request untethered to any procedure or limitations period."

There will be a prehearing telephone conference on Friday.

In June, the Historic Eastern Pequot Tribal Council Chairwoman Katherine Sebastian Dring vowed to appeal.

"We will appeal the BIA decision prohibiting our right to petition under the new federal acknowledgment regulations as a previously acknowledged tribe and denying our constitutional rights of due process and equal protection of the law," Sebastian Dring said in a statement to The Day.

The state attorney general's office declined to comment Thursday.

n.lynch@theday.com