Congressional Record—House H6101
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June 3, 2009 CONGRESSIONAL RECORD — HOUSE H6101 Cleaver Kanjorski Perriello LaTourette Neugebauer Shadegg b 1311 Clyburn Kaptur Peters Latta Nunes Shimkus Cohen Kildee Peterson Lee (NY) Olson Shuler IN THE COMMITTEE OF THE WHOLE Connolly (VA) Kilpatrick (MI) Polis (CO) Lewis (CA) Paul Shuster Accordingly, the House resolved Conyers Kilroy Pomeroy Linder Paulsen Simpson itself into the Committee of the Whole Cooper Kind Price (NC) LoBiondo Petri Smith (NE) Costa Kirkpatrick (AZ) Quigley Lucas Pitts Smith (NJ) House on the State of the Union for the Costello Kissell Rahall Luetkemeyer Platts Smith (TX) consideration of the bill (H.R. 1385) to Courtney Klein (FL) Rangel Lummis Poe (TX) Souder extend Federal recognition to the Crowley Kosmas Reyes Lungren, Daniel Posey Stearns E. Price (GA) Chickahominy Indian Tribe, the Chick- Cuellar Kratovil Richardson Stupak Mack Putnam ahominy Indian Tribe-Eastern Divi- Cummings Kucinich Rodriguez Tanner Dahlkemper Langevin Manzullo Radanovich Ross Terry sion, the Upper Mattaponi Tribe, the Davis (AL) Larsen (WA) McCarthy (CA) Rehberg Rothman (NJ) Thompson (PA) Rappahannock Tribe, Inc., the Mona- Davis (CA) Larson (CT) McCaul Reichert Roybal-Allard Thornberry DeFazio Lee (CA) McClintock Roe (TN) can Indian Nation, and the Nansemond Rush Tiahrt DeGette Levin Ryan (OH) McCotter Rogers (AL) Indian Tribe, with Mr. HOLDEN in the Delahunt Lewis (GA) McHenry Rogers (KY) Tiberi Salazar Turner chair. DeLauro Lipinski Sarbanes McHugh Rogers (MI) McKeon Upton The Clerk read the title of the bill. Dicks Loebsack Schakowsky Rohrabacher Mica Rooney Walden The CHAIR. Pursuant to rule, the bill Doggett Lofgren, Zoe Schauer ´ Miller (FL) Roskam Wamp Donnelly (IN) Lujan Schiff is considered read the first time. Miller (MI) Royce Whitfield Doyle Lynch Schrader The gentleman from West Virginia Driehaus Maffei Miller, Gary Ryan (WI) Wilson (SC) Schwartz (Mr. RAHALL) and the gentleman from Edwards (MD) Maloney Minnick Scalise Wittman Scott (GA) Edwards (TX) Marchant Moran (KS) Schmidt Wolf Washington (Mr. HASTINGS) each will Scott (VA) Ellison Markey (CO) Murphy, Tim Sensenbrenner Young (AK) Serrano control 30 minutes. Eshoo Markey (MA) Myrick Sessions Young (FL) Sestak The Chair recognizes the gentleman Etheridge Marshall Shea-Porter Farr Massa NOT VOTING—28 from West Virginia. Sherman Fattah Matheson Bean Grayson Ros-Lehtinen Mr. RAHALL. Thank you, Mr. Chair- Sires Filner Matsui Becerra Gutierrez Ruppersberger man. I yield myself such time as I may Skelton Foster McCarthy (NY) Bishop (UT) Johnson, Sam Sa´ nchez, Linda Slaughter consume. Frank (MA) McCollum Blunt Kennedy T. Smith (WA) Mr. Chairman, we are here today, Fudge McDermott Broun (GA) Lowey Sanchez, Loretta Snyder Giffords McGovern Brown, Corrine McMorris Schock over 400 years after the first English Space Gonzalez McIntyre Davis (IL) Rodgers Sullivan settlers landed in what became James- Speier Gordon (TN) McMahon Davis (TN) Melancon Welch Spratt town, Virginia, to finally acknowledge Green, Al McNerney Dingell Pence Westmoreland Green, Gene Meek (FL) Stark Engel Pingree (ME) Wilson (OH) a government-to-government relation- Grijalva Meeks (NY) Sutton ship with some of the Indian tribes who Hall (NY) Michaud Tauscher b 1309 Taylor met those early settlers. Halvorson Miller (NC) While the House passed a prior Hare Miller, George Teague Mr. YOUNG of Alaska changed his Harman Mitchell Thompson (CA) vote from ‘‘yea’’ to ‘‘nay.’’ version of this legislation last Con- Hastings (FL) Mollohan Thompson (MS) So the resolution was agreed to. gress, the bill was not considered in the Heinrich Moore (KS) Tierney Titus The result of the vote was announced Senate, so we are here again. Herseth Sandlin Moore (WI) H.R. 1385, the Thomasina E. Jordan Higgins Moran (VA) Tonko as above recorded. Himes Murphy (CT) Towns A motion to reconsider was laid on Indian Tribes of Virginia Federal Rec- Hinchey Murphy (NY) Tsongas the table. ognition Act of 2009, extends Federal Hinojosa Murphy, Patrick Van Hollen Stated for: recognition to the Virginia tribes that Hirono Murtha Vela´ zquez Hodes Nadler (NY) Visclosky Mrs. LOWEY. Madam Speaker, I regrettably have lived in Virginia since before the Holden Napolitano Walz missed rollcall vote No. 295 on June 2, 2009. settlers of Jamestown first arrived. Holt Neal (MA) Wasserman Had I been present, I would have voted ‘‘yea.’’ This bill is sponsored by our col- Schultz Honda Nye league, Representative JIM MORAN of Hoyer Oberstar Waters Mr. PENCE. Madam Speaker, I was un- Inslee Obey Watson avoidably detained and missed rollcall vote Virginia, and enjoys bipartisan sup- Israel Olver Watt No. 295 on passage of H. Res. 490. Had I port, including from other Virginia col- Jackson (IL) Ortiz Waxman been present, I would have voted ‘‘nay.’’ leagues, Congressman ROB WITTMAN, Jackson-Lee Pallone Weiner (TX) Pascrell Wexler Mrs. MCMORRIS RODGERS. BOBBY SCOTT, THOMAS PERRIELLO, and Johnson (GA) Pastor (AZ) Woolsey Madam Speaker, on rollcall No. 295 I was GERRY CONNOLLY. I, too, am a cospon- Johnson, E. B. Payne Wu unavoidably detained. Had I been present, I sor of H.R. 1385. Kagen Perlmutter Yarmuth would have voted ‘‘nay.’’ The bill is named for Thomasina NAYS—174 Mr. WESTMORELAND. Madam Speaker, ‘‘Red Hawk Woman’’ Jordan, whose lifelong pursuit of advancing Native Akin Capito Gerlach on rollcall No. 295 I was unavoidably detained. Alexander Carter Gingrey (GA) Had I been present, I would have voted ‘‘nay.’’ American rights encompassed the Altmire Cassidy Gohmert f promise of education for all Indians Austria Castle Goodlatte and securing Federal recognition of Bachmann Chaffetz Granger GENERAL LEAVE Virginia Indian tribes. Ms. Jordan also Bachus Coble Graves Barrett (SC) Coffman (CO) Griffith Mr. RAHALL. Madam Speaker, I ask served as chairperson of the Virginia Bartlett Cole Guthrie unanimous consent that all Members Council of Indians. Barton (TX) Conaway Hall (TX) may have 5 legislative days to revise H.R. 1385 would extend Federal rec- Biggert Crenshaw Harper ognition status to six Indian tribes of Bilbray Culberson Hastings (WA) and extend their remarks and include Bilirakis Davis (KY) Heller extraneous material on H.R. 1385. Virginia. All six tribes have obtained Blackburn Deal (GA) Hensarling The SPEAKER pro tempore. Is there State recognition by the State of Vir- Boehner Dent Herger objection to the request of the gen- ginia. Former Virginia Governors Bonner Diaz-Balart, L. Hill Bono Mack Diaz-Balart, M. Hoekstra tleman from West Virginia? George Allen and Mark Warner, as well Boozman Dreier Hunter There was no objection. as current Governor Tim Kaine have Boustany Duncan Inglis f endorsed the tribes’ recognition as sov- Brady (TX) Ehlers Issa ereign governments. Brown (SC) Ellsworth Jenkins THOMASINA E. JORDAN INDIAN Brown-Waite, Emerson Johnson (IL) During his recent trip to England, Ginny Fallin Jones TRIBES OF VIRGINIA FEDERAL President Obama presented Queen Eliz- Buchanan Flake Jordan (OH) RECOGNITION ACT OF 2009 abeth with an iPod. Included on the Burgess Fleming King (IA) Burton (IN) Forbes King (NY) The SPEAKER pro tempore. Pursu- iPod was a copy of the 400th anniver- Buyer Fortenberry Kingston ant to House Resolution 490 and rule sary ceremony commemorating the es- Calvert Foxx Kirk XVIII, the Chair declares the House in tablishment of Jamestown, Virginia, Camp Franks (AZ) Kline (MN) the Committee of the Whole House on that she attended last year. The high- Campbell Frelinghuysen Lamborn Cantor Gallegly Lance the State of the Union for the consider- light of this ceremony included the Cao Garrett (NJ) Latham ation of the bill, H.R. 1385. Queen and the Virginia Indian tribes. VerDate Nov 24 2008 03:27 Jun 04, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A03JN7.020 H03JNPT1 smartinez on PROD1PC64 with HOUSE H6102 CONGRESSIONAL RECORD — HOUSE June 3, 2009 These six Virginia tribes have faced Although the Department provided Department of the Interior has no au- hundreds of years of discrimination, no position on the bill, the Depart- thority to acquire lands in trust for abuse, and outright attempts to extin- ment’s witnesses did remark that all any tribe recognized after 1934 unless guish their existence and rob them of six groups have petitioned for recogni- there is a specific act of Congress au- their heritage. tion with the Bureau of Indian Affairs, thorizing it. This is a major decision From 1912 to 1947, Dr. Walter but none of the six tribes have com- that has, frankly, Mr. Chairman, shak- Plecker, a white supremacist, set out pleted the process within the Bureau of en Indian Country, and it is a case that to rid the Commonwealth of Virginia of Indian Affairs. has caught the attention of Governors, any documents that recorded the exist- If the Department lacks completely attorneys general, and county leaders ence of Indians or Indian tribes living documented petitions, then how can we around the country. The committee therein. He was instrumental in ensur- be sure that we in Congress have has held one hearing on the subject, ing passage of the Racial Integrity Act enough information about these six and I am hopeful that there will be in 1924, making it illegal for individ- tribes? more. uals to classify themselves or their None of the witnesses explained why Virginia’s tribes are directly affected newborn children as Indian. the six Virginia tribes should be recog- by this decision because they were not nized before all of the other tribes b 1315 recognized in 1934. Thus, anything done whose recognition petitions are within with H.R. 1385 could set a precedent for But he went further than that and and are lingering within the Bureau of resolving the Carcieri issue. Under H.R. spent decades changing the race des- Indian Affairs. About nine of these 1385, lands placed in trust for the Vir- ignation on birth certificates and on groups have completed their petitions.