June 3, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 13817

Kosmas Murphy (NY) Scott (VA) Smith (TX) Thornberry Whitfield Indian Tribe, with Mr. HOLDEN in the Kratovil Murphy, Patrick Serrano Souder Tiahrt Wilson (SC) chair. Kucinich Murtha Sestak Stearns Tiberi Wittman Langevin Nadler (NY) Shea-Porter Stupak Turner Wolf The Clerk read the title of the bill. Larsen (WA) Napolitano Sherman Tanner Upton Young (AK) The CHAIR. Pursuant to rule, the bill Larson (CT) Neal (MA) Sires Terry Walden Young (FL) is considered read the first time. Lee (CA) Nye Skelton Thompson (PA) Wamp The gentleman from West Virginia Levin Oberstar Slaughter NOT VOTING—28 (Mr. RAHALL) and the gentleman from Lewis (GA) Obey Smith (WA) Washington (Mr. HASTINGS) each will Lipinski Olver Snyder Bean Grayson Ros-Lehtinen Loebsack Ortiz Space Becerra Gutierrez Ruppersberger control 30 minutes. ´ Lofgren, Zoe Pallone Speier Bishop (UT) Johnson, Sam Sanchez, Linda The Chair recognizes the gentleman ´ Lujan Pascrell Spratt Blunt Kennedy T. from West Virginia. Lynch Pastor (AZ) Stark Broun (GA) Lowey Sanchez, Loretta Brown, Corrine McMorris Schock Mr. RAHALL. Thank you, Mr. Chair- Maffei Payne Sutton Maloney Perlmutter Davis (IL) Rodgers Sullivan man. I yield myself such time as I may Tauscher Marchant Perriello Davis (TN) Melancon Welch Taylor consume. Markey (CO) Peters Dingell Pence Westmoreland Teague Mr. Chairman, we are here today, Markey (MA) Peterson Engel Pingree (ME) Wilson (OH) Thompson (CA) over 400 years after the first English Marshall Polis (CO) Thompson (MS) Massa Pomeroy b 1309 settlers landed in what became James- Tierney Matheson Price (NC) town, Virginia, to finally acknowledge Titus Mr. YOUNG of Alaska changed his Matsui Quigley Tonko a government-to-government relation- McCarthy (NY) Rahall vote from ‘‘yea’’ to ‘‘nay.’’ McCollum Rangel Towns So the resolution was agreed to. ship with some of the Indian tribes who McDermott Reyes Tsongas The result of the vote was announced met those early settlers. McGovern Richardson Van Hollen While the House passed a prior ´ as above recorded. McIntyre Rodriguez Velazquez version of this legislation last Con- McMahon Ross Visclosky A motion to reconsider was laid on McNerney Rothman (NJ) Walz the table. gress, the bill was not considered in the Meek (FL) Roybal-Allard Wasserman Stated for: Senate, so we are here again. Meeks (NY) Rush Schultz H.R. 1385, the Thomasina E. Jordan Waters Mrs. LOWEY. Madam Speaker, I regrettably Michaud Ryan (OH) Indian Tribes of Virginia Federal Rec- Miller (NC) Salazar Watson missed rollcall vote No. 295 on June 2, 2009. ognition Act of 2009, extends Federal Miller, George Sarbanes Watt Had I been present, I would have voted ‘‘yea.’’ Waxman recognition to the Virginia tribes that Mitchell Schakowsky Mr. PENCE. Madam Speaker, I was un- Mollohan Schauer Weiner have lived in Virginia since before the Moore (KS) Schiff Wexler avoidably detained and missed rollcall vote Woolsey settlers of Jamestown first arrived. Moore (WI) Schrader No. 295 on passage of H. Res. 490. Had I This bill is sponsored by our col- Moran (VA) Schwartz Wu been present, I would have voted ‘‘nay.’’ Murphy (CT) Scott (GA) Yarmuth league, Representative JIM MORAN of Mrs. MCMORRIS RODGERS. Virginia, and enjoys bipartisan sup- NAYS—174 Madam Speaker, on rollcall No. 295 I was port, including from other Virginia col- unavoidably detained. Had I been present, I Akin Fallin Mack leagues, Congressman ROB WITTMAN, would have voted ‘‘nay.’’ Alexander Flake Manzullo BOBBY SCOTT, THOMAS PERRIELLO, and Altmire Fleming McCarthy (CA) Mr. WESTMORELAND. Madam Speaker, GERRY CONNOLLY. I, too, am a cospon- Austria Forbes McCaul on rollcall No. 295 I was unavoidably detained. Bachmann Fortenberry McClintock sor of H.R. 1385. Bachus Foxx McCotter Had I been present, I would have voted ‘‘nay.’’ The bill is named for Thomasina Barrett (SC) Franks (AZ) McHenry f ‘‘Red Hawk Woman’’ Jordan, whose Bartlett Frelinghuysen McHugh Barton (TX) Gallegly McKeon GENERAL LEAVE lifelong pursuit of advancing Native Biggert Garrett (NJ) Mica American rights encompassed the Bilbray Gerlach Miller (FL) Mr. RAHALL. Madam Speaker, I ask promise of education for all Indians Bilirakis Gingrey (GA) Miller (MI) unanimous consent that all Members and securing Federal recognition of Blackburn Gohmert Miller, Gary may have 5 legislative days to revise Boehner Goodlatte Minnick Virginia Indian tribes. Ms. Jordan also Bonner Granger Moran (KS) and extend their remarks and include served as chairperson of the Virginia Bono Mack Graves Murphy, Tim extraneous material on H.R. 1385. Council of Indians. Boozman Griffith Myrick The SPEAKER pro tempore. Is there Boustany Guthrie Neugebauer H.R. 1385 would extend Federal rec- Brady (TX) Hall (TX) Nunes objection to the request of the gen- ognition status to six Indian tribes of Brown (SC) Harper Olson tleman from West Virginia? Virginia. All six tribes have obtained Brown-Waite, Hastings (WA) Paul There was no objection. State recognition by the State of Vir- Ginny Heller Paulsen Buchanan Hensarling Petri f ginia. Former Virginia Governors Burgess Herger Pitts George Allen and Mark Warner, as well THOMASINA E. JORDAN INDIAN Burton (IN) Hill Platts as current Governor Tim Kaine have Buyer Hoekstra Poe (TX) TRIBES OF VIRGINIA FEDERAL endorsed the tribes’ recognition as sov- Calvert Hunter Posey RECOGNITION ACT OF 2009 Camp Inglis Price (GA) ereign governments. Campbell Issa Putnam The SPEAKER pro tempore. Pursu- During his recent trip to England, Cantor Jenkins Radanovich ant to House Resolution 490 and rule President Obama presented Queen Eliz- Cao Johnson (IL) Rehberg Capito Jones Reichert XVIII, the Chair declares the House in abeth with an iPod. Included on the Carter Jordan (OH) Roe (TN) the Committee of the Whole House on iPod was a copy of the 400th anniver- Cassidy King (IA) Rogers (AL) the State of the Union for the consider- sary ceremony commemorating the es- Castle King (NY) Rogers (KY) ation of the bill, H.R. 1385. tablishment of Jamestown, Virginia, Chaffetz Kingston Rogers (MI) Coble Kirk Rohrabacher b 1311 that she attended last year. The high- Coffman (CO) Kline (MN) Rooney light of this ceremony included the Cole Lamborn Roskam IN THE COMMITTEE OF THE WHOLE Queen and the Virginia Indian tribes. Conaway Lance Royce Accordingly, the House resolved Crenshaw Latham Ryan (WI) These six Virginia tribes have faced Culberson LaTourette Scalise itself into the Committee of the Whole hundreds of years of discrimination, Davis (KY) Latta Schmidt House on the State of the Union for the abuse, and outright attempts to extin- Deal (GA) Lee (NY) Sensenbrenner consideration of the bill (H.R. 1385) to guish their existence and rob them of Dent Lewis (CA) Sessions Diaz-Balart, L. Linder Shadegg extend Federal recognition to the their heritage. Diaz-Balart, M. LoBiondo Shimkus Chickahominy Indian Tribe, the Chick- From 1912 to 1947, Dr. Walter Dreier Lucas Shuler ahominy Indian Tribe-Eastern Divi- Plecker, a white supremacist, set out Duncan Luetkemeyer Shuster sion, the Upper Mattaponi Tribe, the to rid the Commonwealth of Virginia of Ehlers Lummis Simpson Ellsworth Lungren, Daniel Smith (NE) Rappahannock Tribe, Inc., the Mona- any documents that recorded the exist- Emerson E. Smith (NJ) can Indian Nation, and the Nansemond ence of Indians or Indian tribes living

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The committee b 1315 None of the witnesses explained why has held one hearing on the subject, the six Virginia tribes should be recog- and I am hopeful that there will be But he went further than that and nized before all of the other tribes more. spent decades changing the race des- whose recognition petitions are within Virginia’s tribes are directly affected ignation on birth certificates and on and are lingering within the Bureau of by this decision because they were not other legal documents from ‘‘Indian’’ Indian Affairs. About nine of these recognized in 1934. Thus, anything done to ‘‘Colored,’’ ‘‘Negro’’ or ‘‘Free Issue.’’ groups have completed their petitions. with H.R. 1385 could set a precedent for Throughout it all, the Virginia Indians In this respect, Mr. Chairman, they are resolving the Carcieri issue. Under H.R. did not break but held firm to their more prepared for a final determina- 1385, lands placed in trust for the Vir- culture and to their identity. tion than the Virginia tribes with ginia tribes will be secure. Meanwhile, To address claims that tribes are which this bill deals. lands held in trust or proposed for trust only interested in Federal recognition H.R. 1385 contains ample lists of con- so they may conduct gaming, all six status for others may not be secure. gressional findings about the history of tribes supported an outright gaming This kind of inconsistency in Federal these six groups, but there is no re- prohibition to be included in this bill. Indian policy helped fuel the con- quirement to verify that members of This gaming prohibition precludes the troversy that led to the Supreme these tribes can trace descendants to Virginia tribes from engaging in, li- Court’s Carcieri in the first place. historic Virginia tribes. This is a basic censing or regulating gaming pursuant If the solution to Carcieri is to deal to the Indian Gaming Regulatory Act standard that the House must observe with each and every post-1934 tribe’s on their lands. if it wants to ensure the integrity of trust land application separately in Congressman MORAN has spent sev- tribal recognition. If the House is not Congress, then H.R. 1385 might be ap- eral years tirelessly working to achieve prepared to take additional time to propriate. If the solution is to provide Federal recognition for Virginia’s First study this, then we should ask the Sec- the Secretary of the Interior with the Americans. It is because of his tireless retary to study it and to provide us appropriate authority to acquire lands dedication to this issue that this legis- with the answers. in trust, then H.R. 1385 is not appro- lation is before us today. It is time to The committee held no field hearings priate. put this issue to rest and to do the in Virginia to learn more about the So, while the committee has held a right thing by extending Federal rec- tribes on their home turf. It has rel- hearing on Carcieri, there seems to be ognition to these tribes. I urge all of atively little information from county no consensus on how to resolve it. We my colleagues to join me today in cre- officials and from private individuals have received no testimony from the ating a government-to-government re- who might be interested in tribal rec- Department, and none of the tribes, lationship with these Virginia tribes. ognition and what it means to them. States or other concerned interests I reserve the balance of my time. This is a State without a history of have had an opportunity to testify in Mr. HASTINGS of Washington. I recognized tribes, unless you reach the committee as of the time the re- yield myself as much time as I may back to the colonial era, and Virginia port for H.R. 1385 was filed. It would be consume. presently has no Indian trust lands. We wise then, Mr. Chairman, to postpone Mr. Chairman, I rise in opposition to simply do not know if there are any floor action on any recognition bills H.R. 1385, but not for the reason for counties or private individuals in af- until the committee acquires a better which this legislation is intended to fected areas who fully understand that understanding of the impacts of point out or to create but, rather, for placing land in trust removes property Carcieri and what to do about it. reasons that I will outline in my re- from the tax rolls and from State and With that, Mr. Chairman, I reserve marks here this morning. municipal jurisdictions. the balance of my time. In the last Congress, a nearly iden- On this note, the Rules Committee Mr. RAHALL. Mr. Chairman, I recog- tical bill passed the House by voice made in order an amendment by the nize for 3 minutes the gentleman from vote. I do not expect to change any- gentleman from Virginia (Mr. GOOD- Virginia, one of the cosponsors of the one’s mind, and I believe that the re- LATTE) to remove some counties from legislation, Mr. BOBBY SCOTT. sults will probably be the same as the the bill. This suggests to me the major- Mr. SCOTT of Virginia. I thank the last vote we had in the last Congress, ity is beginning to understand that gentleman for yielding. but I must highlight serious short- counties in Virginia are just now be- Mr. Chairman, I rise in support of comings with this bill that should coming more informed on what this H.R. 1385, the Thomasina E. Jordan In- cause Members to reconsider their po- bill means. dian Tribes of Virginia Federal Rec- sitions. So, Mr. Chairman, prudence dictates ognition Act. I want to thank my col- First, the House has not acquired suf- that we put this bill on hold until these league from Virginia (Mr. MORAN) for, ficient evidence to justify extending issues are vetted. If the House recog- again, introducing this bill. Similar Federal recognition to the six Virginia nizes new tribes and acquires lands in legislation passed this body by voice tribes identified in this bill. In the trust for them without thoroughly ex- vote in the 110th Congress, but it was committee hearing on H.R. 1385, we amining the views of the jurisdiction never acted on in the Senate. heard a lot of testimony from wit- where the lands are located, we poten- Two years ago, Virginia and the Na- nesses for the six tribes, from the Gov- tially risk creating local problems. tion celebrated the 400th anniversary ernor of Virginia, from a historian, and This is going to hamper our efforts to of the founding of Jamestown, Vir- from the Department of the Interior. resolve land-in-trust controversies oc- ginia, the first permanent English set- All provided interesting and often pas- curring elsewhere in the United States. tlement in North America. Jamestown sionate statements. Such controversies, Mr. Chairman, do is the cornerstone of our great Repub- Although the Department provided occur. We have a huge one to deal with lic, and its success relied heavily on no position on the bill, the Depart- right now. In February, the Supreme the help of the indigenous people of ment’s witnesses did remark that all Court, in Carcieri v. Salazar, held the Virginia. Virginia’s Native Americans six groups have petitioned for recogni- Department of the Interior has no au- played a critical role in helping the tion with the Bureau of Indian Affairs, thority to acquire lands in trust for first settlers of Jamestown survive the but none of the six tribes have com- any tribe recognized after 1934 unless harsh conditions of the New World. pleted the process within the Bureau of there is a specific act of Congress au- After the Jamestown colony weath- Indian Affairs. thorizing it. This is a major decision ered its first few years in the New

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Treaties, many of which I also want to recognize the gen- Indian Tribes of Virginia Federal Recogni- precede our own Constitution, were tleman from Virginia for including lan- tion Act of 2009, which extends federal rec- often made in an effort to compensate guage that explicitly forbids the estab- ognition to the six Virginia Tribes com- the Virginia Native Americans, but as lishment of tribal casinos. Current prising the Virginia Indian Tribal Alliance history has shown, these treaties were tribal leadership has consistently stat- for Life (VITAL): (1) the Chickahominy rarely honored or upheld. ed they do not want to pursue gam- Tribe; (2) the Chickahominy Indian Tribe— Like many other Native Americans, bling. I believe them. However, I re- Eastern Division; (3) the Upper Mattaponi Tribe; (4) the Rappahannock Tribe, Inc.; (5) the Virginia Indian tribes were main concerned that future leadership of the tribes will pursue establishing the Monacan Indian Nation; and (6) the marginalized from society. They were Nansemond Indian Tribe. deprived of their land, prevented from tribal casinos. On behalf of our Tribes, we ask that you getting an education, and they were de- Virginia does not have casino gam- use your kernel of corn to vote YES on HR nied a role in our society. Virginia’s bling, and because we do not, we have 1385 when it comes to the floor of the House Native Americans were denied their avoided the crime, corruption and of Representatives for a vote. fundamental human rights and were scandal that sometimes comes with We are sure you have questions about this denied the very freedoms and liberties gambling. As the author of the legisla- bill which is of such vital importance to us. tion which created the National Gam- If these Tribes have been in existence since enshrined in our own Constitution. first contact with the Europeans, why Mr. Chairman, the bill will finally bling Impact Study Commission that released its 2-year study in 1999, we haven’t they already been recognized by the grant Federal recognition to the Chick- United States? ahominy, to the Eastern Chicka- know firsthand of the devastating so- Quite simply, because our Tribes never hominy, to the Upper Mattaponi, to cial and financial costs of gambling: waged war on the United States of America. the Rappahannock, to the Monacan In- crime, prostitution, corruption, sui- The hostilities between our Tribes and the dian Nation, and to the Nansemond cide, destroyed families, child and Europeans who came here in 1607 effectively tribes. H.R. 1385 will ensure the right- spousal abuse, and bankruptcy. ended with the Treaty of Middle Plantation ful status of Virginia’s tribes in our na- In moving forward with this, I want in 1677. This Treaty was signed between Eng- to ensure that Congress continues this, land and our Tribes. Predating the creation tional history. Federal recognition will of the United States of America by just short provide housing and educational oppor- and I want to ensure that this language does not change when it goes to the of 100 years, our Treaty was never recognized tunities for those who cannot afford it. by the founding fathers of the United States Federal recognition will also promote Senate. because it was not negotiated with them. the tribal economic development that Under this bill, Congress intends that Our Treaty of 1677 is still commemorated an- will allow Virginia’s tribes to become no Virginia Indian tribe or tribal mem- nually on the steps of the Governor’s Man- self-sufficient. These new opportunities ber, if granted Federal recognition, sion in Virginia but has yet to be recognized will allow Virginia’s tribes to flourish would have any greater rights to gam- by the United States of America. ble or to conduct gambling operations If these Tribes have been here since first culturally and economically, which contact with the Europeans, has there ever will lead to a brighter future for a under the laws of the Commonwealth of Virginia than would any other cit- been any federal recognition of these Tribes? whole new generation. The Virginia Not officially by the entity called the izen of Virginia. tribes have waited far too long for Fed- United States and that is why we seek this Further, it is Congress’ expectation eral recognition. federal acknowledgement now. However, that the provision limiting the tribes’ Again, I want to thank my colleague hundreds of our sons and daughters have ability to engage in gambling conforms from Virginia (Mr. MORAN) for his ex- fought on behalf of the United States of with the Ysleta Del Sur Pueblo v. The cellent leadership on this important America in many wars over the years. The State of Texas case. In that case, the ‘‘dog tags’’ of our military people, who have issue. I urge my colleagues to support U.S. Court of Appeals for the Fifth Cir- fought alongside Americans from across the the bill. country, have stated our race as ‘‘American Mr. HASTINGS of Washington. Mr. cuit upheld a law prohibiting gaming by the tribe. In supporting H.R. 1385, Indian.’’ Chairman, I am pleased to yield 5 min- If these Tribes deserve recognition, why utes to the gentleman from Virginia Congress and the Virginia delegation, don’t they utilize the administrative route in particular, expect that the language (Mr. WOLF). created by Congress instead of seeking legis- Mr. WOLF. Mr. Chairman, I want to restricting gambling operations by In- lation? first thank the chairman and thank dian tribes will be upheld if it is ever For five decades the official policy of Vir- ginia, enforced through the Racial Integrity Mr. MORAN for the language that ex- challenged. I would like to enter into the RECORD Act of 1924, stated that there were only two plicitly prohibits gambling. I appre- a letter I received from the Virginia races, white and colored. Over the years our ciate that very much. I think the tribal leadership, acknowledging the Tribes were subjected to paper genocide. Not chairman and Mr. MORAN have to get anti-gambling language in this bill and only were we denied our race in the everyday the credit for doing this because, in requests for birth and marriage certificates, reaffirming the view of tribal leader- previous cases, we have seen major, but the Commonwealth of Virginia went into ship that the language prohibits gam- major expansions. So, as people talk its records and changed the race of our docu- bling. about this, this is Earth-shattering in mented ancestors. This law was continually some respects, and so I want to again VIRGINIA INDIAN TRIBAL upheld by Virginia Courts until the final vestiges of the law were struck down in 1971. thank the chairman and thank Mr. ALLIANCE FOR LIFE (VITAL), New Kent, VA, May 18, 2009. In addition, five of the six courthouses that ORAN M . HOUSE OF REPRESENTATIVES, held the vast majority of the records that The Virginia tribes have consistently Washington, DC. our Tribes would need to document our his- indicated that they oppose gambling, DEAR MEMBER OF CONGRESS: Corn, or in the tory to the degree required by the Bureau of and I believe them. Yet, during the Virginia Algonquian tongue, hominy, rep- Indian Affairs Office of Federal Acknowl- consideration of this measure in the resents the sustenance of the early American edgement were destroyed in the Civil War. last Congress, we heard rumors about cultures. When the English came to As much as our Tribes would like to comply an interest in challenging this gam- Tsenacomoco, now called Virginia, our tribes with the administrative rules to gain rec- traded corn, sometimes unwillingly, to the ognition, the combination of the official bling limitation in court. We have not men of the Virginia Company. As historians laws of the Commonwealth, the bureaucracy heard those rumors today. will tell you, corn saved the colony in these implementing those laws and the loss of our The Virginia Indian tribes were the early years. But corn also represents records create an insurmountable burden. We first to greet the settlers at Jamestown participatory government. Our elders tell us believe that since it was an act of govern- when they arrived 400 years ago. With- that corn was used when voting on matters ment (Virginia) that denied us our heritage,

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it should be an act of government that re- factorily to Mr. WOLF. So I would hope the 400th anniversary of Jamestown, stores it. that others who have previously op- but today we are about to do so two But still there is a process that has been posed this legislation would follow Mr. years later. established; why should Congress be asked to Now there was a Supreme Court deci- make this decision? WOLF’s leadership and support it. We Of the 562 Tribes recognized by the United are having some discussions on a very sion just a few months ago in Feb- States of America, 140 were recognized by small piece of land with Mr. GOOD- ruary, and that Supreme Court deci- Treaties and other negotiations and only 16 LATTE, another colleague from Vir- sion said that the Secretary of the In- were recognized by the administrative proc- ginia, and I trust we can work that out. terior no longer has unilateral discre- ess (which has been in effect since 1978). Acts These six Indian tribes have sac- tion to determine what lands can be of Congress recognized the remaining 406 rificed a great deal and have undergone put in trust. That’s why some addi- Tribes. We are not asking for your vote to do quite an amount of demeaning treat- tional lands and counties were included the extraordinary. We ask for your vote to ment over generations. This is the in this bill in case there is land that recognize our heritage and our place in his- right thing to do. We don’t do this very would be given to these Indian tribes in tory. the future. They are willing to com- What about gaming? Won’t this allow gam- often in the Congress of the United ing by the Indian Tribes? States, but this is a unique situation. promise on this, to give up virtually all Our goal is not now, nor has it ever been, These are the Indian tribes that en- of that potential territory. They’re left to establish or utilize gaming. Our heritage abled the first English settlers to sur- with very little land and very few is such that our affiliation with churches has vive in the colonies. We have right here rights. The laws of Virginia would been strong, having embraced collectively in the Dome of the Capitol John Gads- apply on this land. They are not al- (and individually) the faith, beliefs and sac- by Chapman’s dramatic painting of Po- lowed to engage in gambling like other raments of several Christian denominations. Indian tribes. This is a part of a list of cahontas’ baptism. That commemo- Gaming is, however, an issue that concerns compromises they have made. They’ve rates a landmark historic event, but it many of you. As such, HR 1385 has strong made all of these compromises because anti-gaming language. In fact, the language is connected to what happened 400 it is important to them that their chil- prohibits our Tribes from gaming even if it is years ago when these Indians enabled allowed in the Commonwealth of Virginia for dren, grandchildren and great grand- the English settlers to survive, and children recognize that these are Na- its citizens generally! eventually it led to Virginia being one With our deepest respect and admiration, tive American people deserving of our we ask you to use this kernel of corn to vote of the original 13 colonies. We know utmost respect. They are people who YES on HR 1385. the situation today, but what we do deserve to be able to hold their chins Sincerely, not know is the history of the Indian up in pride for what they meant to this WAYNE ADKINS, tribes that enabled the English settlers country. President. to survive on this continent. They have I strongly urge support of this legis- Enclosure. been very badly treated. And, in fact, lation. It’s overdue. Again, my concern is not with the even though they have a treaty signed Mr. Chairman, I know it is against the rules Federal recognition of Virginia Indian with King Charles II in 1677, in the of the House to address anyone but the tribes but with the explosive spread of early part of the 20th century, the Speaker. gambling and with the potential for ca- Commonwealth of Virginia conducted If it were allowed, I would want to address sino gambling to come to the State of what was called a paper genocide. They the 2,500 or so members of the six Virginia Virginia. made it illegal to be an American In- tribes seeking Federal recognition. I also continue to have concerns dian in Virginia. They went into the I would say that I know their quest to assert about the broader Indian recognition courthouses and destroyed the birth their identity and their rights has been a long process. Quite frankly, this Congress records and everything they could re- struggle. has not done enough to help Indian lating to the legitimacy of these Indian Despite centuries of racial hostility and coer- tribes. The process is broken. We have tribes, even though everyone knew cion by the Commonwealth of Virginia and seen that in the past; but today, I’m that they did actually exist. This was a others, they have refused to yield their most supporting this bill because I believe it time of severe racism, a time that we basic human right and have suffered and lost ensures that the State of Virginia’s in- are very shamed by. But these Indian much. terests are safeguarded while still pro- tribes never gave up their pride or But, throughout the centuries they have re- viding full recognition. their stature. tained their dignity and supported their people. When it appeared that no one else would, Again, I want to thank the chairman, The CHAIR. The time of the gen- when little was available, when even the doors and I want to thank Mr. MORAN. This is tleman has expired. of public school house were closed to their really significant. If only we had had Mr. RAHALL. I yield the gentleman 2 children, they have never yielded to those who this language in previous recognitions; additional minutes. Mr. MORAN of Virginia. I thank my said they didn’t exist. I think a lot of the problems we have in Mr. Chairman, I would say to the Virginia this country with gambling and with good friend, Chairman RAHALL from West Virginia, who has been tremen- tribes; win or lose today, you have already corruption and crime would not have won by refusing to yield and by remaining true taken place. dous in supporting this legislation. To go back to the history behind this and faithful to who you are. b 1330 bill, this is so much a matter of pride I would also say that it has been an honor Mr. RAHALL. Mr. Chairman, I am and the restoration of justice. They for me to have helped carry this legislation. While it is less than ideal, it moves you clos- happy to yield 3 minutes to the distin- survived even though they were denied er to the day our national government recog- guished gentleman from Virginia (Mr. employment and were denied edu- nizes your existence. MORAN), the main sponsor of this legis- cational opportunities. The only people Mr. Chairman, as Members of this chamber lation and without whose leadership we who provided it were Christian mis- know, the crafting of congressional legislation would not be considering it today. sionaries. They oppose gambling. They is far from a perfect process. But, when it Mr. MORAN of Virginia. Thank you don’t even take advantage of the op- speaks, it speaks with the people’s voice. very much, Chairman RAHALL. And I portunity to have bingo games, which Today, I encourage my colleagues to speak thank my colleagues Mr. WOLF and Mr. other nonprofits do in their vicinity, and finally affirm that the Virginia tribes exist SCOTT. I understand Mr. WOLF’s origi- because they don’t think it’s the right and deserve Federal recognition. nal reluctance to originally agree with thing. So I don’t think that’s any kind Mr. HASTINGS of Washington. I am the bill, but we have put in language of a threat. Every other objection that pleased to yield 3 minutes to the gen- that I understand is now acceptable to has been raised I think has been ade- tleman from Virginia (Mr. WITTMAN). Mr. WOLF. Mr. WOLF genuinely was quately and fully addressed. Mr. WITTMAN. I rise in support of concerned about the possibility of ca- These are good people, and they have H.R. 1385, the Thomasina E. Jordan In- sino gambling in Virginia. The lan- been subjected to a great deal that was dian Tribes of Virginia Federal Rec- guage in this bill addresses that satis- unjust. We should have done this by ognition Act of 2009. I would like to

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I would like to thank valued member of our Committee on quote, ‘‘In preparation for this hearing, Chairman RAHALL for his leadership in Natural Resources, the gentleman from I wanted to reach into what evidence moving this legislation forward. We American Samoa (Mr. FALEOMAVAEGA). was submitted on behalf of the Virginia thank you for your efforts. It is an ef- Mr. FALEOMAVAEGA. Mr. Chair- groups, and in 2001 this was the mate- fort long overdue. man, I do want to thank the distin- rial that we received. And one of the As a cosponsor of H.R. 1385, I am sup- guished chairman of our committee, group’s materials were copies of vital portive of Federal recognition of Vir- Mr. RAHALL, and our ranking member, records that were not destroyed.’’ ginia’s Indian tribes. This bill would Mr. HASTINGS, even though he may So this BIA witness went on to de- extend Federal recognition to six Vir- have some reservations concerning this scribe how these documents identified ginia tribes; and my district, the First bill but especially also to thank my the persons and Indians. So it appears Congressional District of Virginia, bet- colleague Mr. MORAN as the chief au- that there are records in Virginia, not- ter known as America’s First District, thor of this important bill. withstanding the fact that the State of includes the historic tribal areas of the Mr. Chairman, I rise today in strong Virginia went through this process in Chickahominy, Chickahominy Eastern support of H.R. 1385, legislation to ex- the last century. Division, Upper Mattaponi, Rappahan- tend Federal recognition of the So, Mr. Chairman, I just wanted to nock and Nansemond tribes. These Thomasina E. Jordan Indian Tribes of point that out that in the committee tribes are important culturally and Virginia. hearing we did hear testimony that at historically to the Commonwealth of Mr. Chairman, under the current least in part disputed the issue of paper Virginia. Tribal ancestors from these Federal recognition process for recog- genocide. I wanted to make that obser- tribes populated coastal Virginia when nizing Indian tribes, the six Virginia vation in the debate today. Captain John Smith settled at James- tribes considered under this bill may With that, I reserve the balance of town in 1607. These ‘‘first contact’’ not be able to meet the strict quali- my time. tribes have been intertwined with the fying requirements under the Federal Mr. RAHALL. Mr. Chairman, how birth of our Nation for over 400 years recognition process. This is despite the much time remains on both sides? and continue to preserve a culture and wealth of documentation that exists The CHAIR. The gentleman from heritage important to both Virginia for each of these tribes. While ref- West Virginia has 171⁄2 minutes remain- and the Nation. erences exist from the 1600s until the ing, and the gentleman from Wash- present showing the existence of these ington has 15 minutes remaining. I believe that it’s especially impor- Indian tribes in the Virginia area, Mr. RAHALL. Mr. Chairman, I yield tant to recognize these tribes because much of the documentation that is 3 minutes to the gentleman from Wash- so many tribal members served our needed to meet the criteria in the Fed- ington (Mr. MCDERMOTT). country bravely and heroically as eral recognition process has been tam- Mr. MCDERMOTT. Mr. Speaker, I members of our armed services. These pered with or destroyed. want to congratulate Mr. RAHALL, Mr. tribal members who served our country Mr. Chairman, this is another perfect MORAN, Mr. WITTMAN, Mr. CONNOLLY, during our Nation’s conflicts have not example of a recognition process that Mr. GRIJALVA, Mr. SCOTT, Mr. ABER- been officially recognized by our gov- has not worked and that any group of CROMBIE and Mr. KILDEE for intro- ernment. This legislation, after nearly people who don’t make a paper trail to ducing legislation that confers Federal 400 years, will recognize these tribes. prove their existence aren’t worthy of recognition on the Indian tribes of Vir- Mr. Chairman, I’m a cosponsor of Federal recognition. Congress has the ginia. this bill, and I definitely and strongly authority to correct this grave injus- Affirming sovereign recognition first support its passage. However, I do want tice to these tribes. After some 400 conferred by treaties is a matter of to bring up one point. I have heard years, Mr. Chairman, it is long over- both history and conscience for the from some in the convenience store and due. I urge my colleagues to support United States. Today we are correcting gasoline marketing industry who have this bill. the mistakes of the past that relate to faced issues in other States when tribal Mr. HASTINGS of Washington. Mr. tribes that were among the very first businesses sell gasoline and tobacco Chairman, I yield myself as much time to be in contact with white settlers tax-free to nontribal members, nega- as I may consume. when they came to these shores in 1607. tively impacting off-reservation busi- The gentleman from Northern Vir- While this is a great day for the tribes ness and State tax revenue. I don’t ginia (Mr. MORAN) made an observation of Virginia, we must not forget that want to see these types of problems in about the paper genocide issue, and I our work is not finished. The the Commonwealth of Virginia, and I have to say that every member at the Duwamish tribe has lived in Seattle, don’t believe that we will. I have assur- committee hearing that attended that which I represent, and has been there ance from the tribes that that is not hearing and heard the testimony on for centuries, long before there was the their intent, and we’ve had a great H.R. 1385 were, frankly, shocked and United States or a State of Wash- working relationship with the Virginia saddened and dismayed that, in fact, ington. Seattle, in fact, was named General Assembly who have said that this sort of action went on in Virginia, after the great Duwamish chief, Chief they will be working to make sure that how they treated the Indian people in Seattle. through State compacts that this is the 20th century. I think that goes taken care of. I bring this up with the without saying. But I do want to point b 1345 hope that, moving forward, we can ad- out, Mr. Chairman, for the record that Despite the treaty of Point Elliot, dress this issue while respecting tribal there was a career employee of the Bu- which the Duwamish signed in good sovereignty and protecting nontribal reau of Indian Affairs who heads up the faith with the United States in 1855, businesses. I do believe that that will Office of Federal Acknowledgement Federal recognition has not been ex- happen. I believe that folks with the that had a different view, and I just at tended, and in my belief, this is wrong. tribes are going to make that happen. least want to put that on the record as It went through the process. It was I think they have reached out and have we debate this issue. signed by President Clinton. And in done an extraordinary job in doing ev- He said, ‘‘Records in Virginia do one of his first executive orders, Presi- erything to make sure that they are exist, and they were not destroyed. The dent Bush reversed the decision of rec- helpful in getting this issue taken care vital records of birth, marriage, di- ognition of the Duwamish. And it is of. vorce, death and probate, they are in time to correct that injustice with the

VerDate Mar 15 2010 08:46 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR09\H03JN9.000 H03JN9 erowe on DSK5CLS3C1PROD with BOUND RECORD 13822 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 June 3, 2009 Duwamish, just as we are doing here in Like most Native Americans, the All six tribes have filed petitions Virginia. Virginia tribes welcomed Western set- with the Bureau of Acknowledgement That is why I am introducing legisla- tlers but quickly became subdued. The seeking Federal recognition. But it is a tion today to confer Federal recogni- settlers had guns, and Indians had bows heavy burden. They have been told it tion on the Duwamish tribe. So long as and arrows. They were pushed off their won’t happen in their lifetime. The ac- one Native tribe is denied justice and land, and up through much of the 20th knowledgement process is expensive. It rights to which they are entitled, we century, denied any rights as U.S. citi- is subject to unreasonable delays. It all suffer. zens. lacks dignity. We ought to address that It is my hope that the new day dawn- Despite their devastating loss of land separately. But Virginia’s history of ing across America is bright enough to and population, the Virginia Indians this paper genocide only further com- shine enough light for us to see and survived centuries of racial hostility plicates these tribes’ quest for Federal correct the injustices endured for too and coercive State and State-sanc- recognition, making it difficult to fur- long by the First Americans. I hope tioned actions that tried to eradicate nish corroborating State and official that we will have a day like this some their heritage and cultural identity. documents. They can’t really prove it time soon for the Duwamish tribe. The history of Virginia tribes is because the documents were destroyed. Mr. RAHALL. Mr. Chairman, I yield unique in two important ways that are The CHAIR. The time of the gen- 5 minutes to the gentleman from Vir- relevant to why this bill is on the tleman has expired. ginia (Mr. MORAN). House floor today. The first explains Mr. RAHALL. I yield the gentleman 3 Mr. MORAN of Virginia. I thank my why the Virginia tribes were never rec- additional minutes. good friend and outstanding chairman ognized by the Federal Government. Mr. MORAN of Virginia. I thank my of the Natural Resources Committee. The second explains why congressional good friend. So here they are told to I know the House leadership and action is absolutely needed. The first prove their existence, and yet the Chairman RAHALL are undertaking circumstance is that unlike most State government destroyed the proof some risk in having scheduled this leg- tribes that resisted encroachment and of their existence, again aggravating islation because this type of legislation obtained Federal recognition when an injustice that had already been vis- is invariably controversial. But Con- ited upon these people. The only people gress’ past reluctance to grant Federal they signed peace treaties with the recognition and the demeaning and Federal Government, Virginia’s tribes who cared about them were Christian dysfunctional acknowledgement proc- signed their peace treaties with the missionaries who allowed them to get ess at the Bureau of Indian Affairs has kings of England. some education. But they were denied Most notable among these was the served to compound a grave injustice employment for much of their history that this legislation will redress. Treaty of 1677 between these tribes and in the 20th century in Virginia. The Virginia tribes identified in this Charles II that is still observed by Vir- We are rectifying this wrong today. legislation, as I mentioned earlier, are ginia every year when the Governor ac- And in light of the 400th anniversary of the direct descendants of the tribes cepts tribute. I was there with Mr. Jamestown, we will bring closure to that greeted and ensured the survival SCOTT just this year. Governor Kaine this national injustice. There is no of the first permanent English colony accepted a deer that was brought by doubt that these tribes have existed on in the New World. the tribes. And it is a ceremony that a continuous basis since before the Almost exactly 2 years ago to this has been observed for 331 years. It is first Western European settlers set foot day, we marked the 400th anniversary the longest celebrated treaty in the in America, and they are here with us of the founding of Jamestown. It was United States today. today. an event important enough to bring Now the second unique circumstance I know there is great resistance from Queen Elizabeth across the Atlantic to for the Virginia tribes is what they ex- Congress to grant any American tribe commemorate. perienced in the hands of the State Federal recognition. And I can appre- While the 1607 settlement succeeded government during the first half of the ciate how the issue of gambling and its and laid the English claim and founda- 20th century that Mr. HASTINGS has economic and moral dimension influ- tion for the original 13 colonies, his- alluded to. It is called a ‘‘paper gen- ence many Members’ perspectives in tory has not been very kind to Vir- ocide.’’ At a time when the Federal tribal recognition issues. ginia’s Native Americans of the great Government granted Native Americans The Virginia tribes have agreed to Powhatan Confederacy who greeted the the right to vote, Virginia’s elected of- forgo gaming. An amendment offered English and provided food and assist- ficials adopted racially hostile laws by Congressman DUNCAN offered last ance to ensure their initial survival. targeted at those classes of people who session was approved by the Natural Few are aware today that the direct did not fit into the dominant white so- Resources Committee. That is in this descendants of the Native Americans ciety. bill before us. It prohibits these tribes who met these settlers are with us These actions culminated with the from gaming under Federal law even if today. And in fact, some are in the Racial Integrity Act of 1924 that tar- one day the State were to reverse Chamber watching. And they are still geted Native Americans and sought to course and set up gambling casinos in awaiting their due recognition by our deny them their identity. The act em- the State. The State can have gam- Federal Government. This is the oppor- powered zealots, like Dr. Walter bling casinos. These Indians cannot. Go tunity to correct this grave wrong. Plecker. He was in charge of the Bu- figure. But that is the way the legisla- This bill, at long last, is named after reau of Records at the State and he de- tion reads. Thomasina E. Jordan, who fought in stroyed all the State and local court- The Virginia tribes, under the bill such a committed way to get this rec- house records and reclassified, in Or- being considered today, could not en- ognition once she realized the history wellian fashion, all nonwhites in the gage in gambling on their sovereign of discrimination that necessitated it. words of the day as ‘‘colored.’’ lands. The Virginia tribes are also pre- It grants recognition to the six Indian It targeted Native Americans and pared to grant Virginia full civil and tribes in Virginia, and I would like to sought to deny them their identity. criminal jurisdiction over any future name them: the Chickahominy, the Calling yourself a ‘‘Native American’’ reservation lands until such time as Eastern Chickahominy, the Upper in Virginia risked a jail sentence of 1 the Secretary of the Interior and the Mattaponi, the Rappahannock, the year. For up to 50 years, State officials U.S. Attorney General agree that they Monacan and the Nansemond. The waged a war to destroy all public and have developed an acceptable alter- Commonwealth of Virginia recognized private records that affirmed the exist- native judicial framework that the all six tribes in the 1980s. It is now ence of Native Americans in Virginia. Federal Government can honor. time for the Federal Government, by That law remained in effect until it Mr. Chairman, these tribes recognize this act of the U.S. Congress, to do the was struck down in the Federal courts that the legislative route to recogni- same. in 1967. tion is a very imperfect process and

VerDate Mar 15 2010 08:46 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR09\H03JN9.001 H03JN9 erowe on DSK5CLS3C1PROD with BOUND RECORD June 3, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 13823 that compromise is a necessary ingre- Carcieri decision did not impact Con- Sec. 402. Definitions. dient. That compromise and that bal- gress’ power to place land into trust for Sec. 403. Federal recognition. ance have now been struck. Now is the an Indian tribe directly or Congress’ Sec. 404. Membership; governing documents. Sec. 405. Governing body. time to pass this legislation. Failure to power to authorize the Secretary to Sec. 406. Reservation of the Tribe. do so would unravel the progress we place land in a trust for a specific tribe Sec. 407. Hunting, fishing, trapping, gathering, have made and lose this time in history beyond the general authority found in and water rights. for these tribes to finally gain Federal the Indian Reorganization Act. Sec. 408. Jurisdiction of Commonwealth of Vir- recognition. It would be a setback and There is much precedent for this leg- ginia. an injustice. They have suffered islation. Congress has recognized other TITLE V—MONACAN INDIAN NATION enough injustices. Let’s not add an- Indian tribes and placed land into trust Sec. 501. Findings. other one. and/or authorized the Secretary to Sec. 502. Definitions. Congress has the power to recognize place land into trust for those tribes on Sec. 503. Federal recognition. these tribes. It has exercised these numerous occasions. So I just conclude Sec. 504. Membership; governing documents. powers in the past. It should exercise by saying that this legislation, again, Sec. 505. Governing body. Sec. 506. Reservation of the Tribe. this power again for these six tribes. is not affected by the Carcieri decision, Sec. 507. Hunting, fishing, trapping, gathering, More than 300 of the 562 federally rec- nor does this legislation overturn said and water rights. ognized tribes have been recognized by decision. Sec. 508. Jurisdiction of Commonwealth of Vir- an act of Congress. Mr. Chairman, I have no further re- ginia. I urge my colleagues to support this quests for time, and I yield back the TITLE VI—NANSEMOND INDIAN TRIBE legislation. We will be doing our part balance of my time. Sec. 601. Findings. to bring closure to some tragic and un- The CHAIR. All time for general de- Sec. 602. Definitions. just acts that have transpired since bate has expired. Sec. 603. Federal recognition. Englishmen established their first per- Pursuant to the rule, the amendment Sec. 604. Membership; governing documents. manent settlement more than 400 years in the nature of a substitute printed in Sec. 605. Governing body. ago in this New World. This is the right the bill shall be considered as an origi- Sec. 606. Reservation of the Tribe. Sec. 607. Hunting, fishing, trapping, gathering, thing to do. I trust that Congress will nal bill for the purpose of amendment and water rights. do it today. under the 5-minute rule and shall be Sec. 608. Jurisdiction of Commonwealth of Vir- Mr. HASTINGS of Washington. Mr. considered read. ginia. Chairman, I reserve my time. The text of the committee amend- TITLE I—CHICKAHOMINY INDIAN TRIBE Mr. RAHALL. If I might ask the ment is as follows: SEC. 101. FINDINGS. ranking member, do you have further H.R. 1385 Congress finds that— speakers? (1) in 1607, when the English settlers set shore Mr. HASTINGS of Washington. Mr. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in along the Virginia coastline, the Chickahominy Chairman, I advised my friend, I have Congress assembled, Indian Tribe was 1 of about 30 tribes that re- no further speakers. But I just want to ceived them; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. take a moment here to close before- (2) in 1614, the Chickahominy Indian Tribe (a) SHORT TITLE.—This Act may be cited as hand. entered into a treaty with Sir Thomas Dale, the ‘‘Thomasina E. Jordan Indian Tribes of Vir- Governor of the Jamestown Colony, under So with that I yield myself the bal- ginia Federal Recognition Act of 2009’’. ance of the time. which— (b) TABLE OF CONTENTS.—The table of con- (A) the Chickahominy Indian Tribe agreed to I think what has been demonstrated tents of this Act is as follows: provide 2 bushels of corn per man and send war- on the floor here is the passion sur- Sec. 1. Short title; table of contents. riors to protect the English; and rounding this issue. And I can cer- TITLE I—CHICKAHOMINY INDIAN TRIBE (B) Sir Thomas Dale agreed in return to allow tainly understand that passion, espe- Sec. 101. Findings. the Tribe to continue to practice its own tribal cially with the history, particularly Sec. 102. Definitions. governance; here in the eastern part of the United Sec. 103. Federal recognition. (3) in 1646, a treaty was signed which forced States. And I don’t expect that my op- Sec. 104. Membership; governing documents. the Chickahominy from their homeland to the position or my arguments are going to Sec. 105. Governing body. area around the York Mattaponi River in present-day King William County, leading to change the outcome of the votes, as I Sec. 106. Reservation of the Tribe. Sec. 107. Hunting, fishing, trapping, gathering, the formation of a reservation; mentioned in my opening remarks. But (4) in 1677, following Bacon’s Rebellion, the as I mentioned in my opening remarks, and water rights. Sec. 108. Jurisdiction of Commonwealth of Vir- Queen of Pamunkey signed the Treaty of Mid- because of the Carcieri decision, I ginia. dle Plantation on behalf of the Chickahominy; think it is important for us to set at (5) in 1702, the Chickahominy were forced TITLE II—CHICKAHOMINY INDIAN TRIBE— from their reservation, which caused the loss of least some guidelines as to what proc- EASTERN DIVISION ess we in Congress, who have the con- a land base; Sec. 201. Findings. stitutional right, by the way, to recog- (6) in 1711, the College of William and Mary in Sec. 202. Definitions. Williamsburg established a grammar school for nize tribes, at least to have a set of cri- Sec. 203. Federal recognition. Indians called Brafferton College; teria that we should look at. And one Sec. 204. Membership; governing documents. (7) a Chickahominy child was 1 of the first In- of them ought to be at least some veri- Sec. 205. Governing body. dians to attend Brafferton College; fication at the minimal. Sec. 206. Reservation of the Tribe. (8) in 1750, the Chickahominy Indian Tribe I know that at the Bureau of Indian Sec. 207. Hunting, fishing, trapping, gathering, began to migrate from King William County Affairs, and admittedly this is regu- and water rights. back to the area around the Chickahominy latory, there are seven or eight steps Sec. 208. Jurisdiction of Commonwealth of Vir- River in New Kent and Charles City Counties; ginia. that certainly make sense. A lot of (9) in 1793, a Baptist missionary named TITLE III—UPPER MATTAPONI TRIBE Bradby took refuge with the Chickahominy and tribes have gone through that process. took a Chickahominy woman as his wife; Sec. 301. Findings. So I understand the passion. I respect (10) in 1831, the names of the ancestors of the Sec. 302. Definitions. the passion and the work that has been modern-day Chickahominy Indian Tribe began Sec. 303. Federal recognition. to appear in the Charles City County census done on this. But for the reasons I out- Sec. 304. Membership; governing documents. records; lined, more of a process reason than Sec. 305. Governing body. (11) in 1901, the Chickahominy Indian Tribe anything else, I urge my colleagues to Sec. 306. Reservation of the Tribe. formed Samaria Baptist Church; vote against this legislation. Sec. 307. Hunting, fishing, trapping, gathering, (12) from 1901 to 1935, Chickahominy men And with that, I yield back my time. and water rights. were assessed a tribal tax so that their children Sec. 308. Jurisdiction of Commonwealth of Vir- Mr. RAHALL. Mr. Chairman, I yield could receive an education; ginia. myself the balance of my time. (13) the Tribe used the proceeds from the tax Just to respond to my dear friend, TITLE IV—RAPPAHANNOCK TRIBE, INC. to build the first Samaria Indian School, buy the gentleman from Washington, the Sec. 401. Findings. supplies, and pay a teacher’s salary;

VerDate Mar 15 2010 08:46 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00030 Fmt 0688 Sfmt 6333 E:\BR09\H03JN9.001 H03JN9 erowe on DSK5CLS3C1PROD with BOUND RECORD 13824 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 June 3, 2009 (14) in 1919, C. Lee Moore, Auditor of Public Day dinner hosted by the Chickahominy Indian authority or under the authority of any Federal Accounts for Virginia, told Chickahominy Chief Tribe. law, including the Indian Gaming Regulatory O.W. Adkins that he had instructed the Com- SEC. 102. DEFINITIONS. Act (25 U.S.C. 2701 et seq.) or under any regula- missioner of Revenue for Charles City County to In this title: tions thereunder promulgated by the Secretary record Chickahominy tribal members on the (1) SECRETARY.—The term ‘‘Secretary’’ means or the National Indian Gaming Commission. county tax rolls as Indian, and not as white or the Secretary of the Interior. SEC. 107. HUNTING, FISHING, TRAPPING, GATH- colored; (2) TRIBAL MEMBER.—The term ‘‘tribal mem- ERING, AND WATER RIGHTS. (15) during the period of 1920 through 1930, ber’’ means— Nothing in this title expands, reduces, or af- various Governors of the Commonwealth of Vir- (A) an individual who is an enrolled member fects in any manner any hunting, fishing, trap- ginia wrote letters of introduction for Chicka- of the Tribe as of the date of enactment of this ping, gathering, or water rights of the Tribe and hominy Chiefs who had official business with Act; and members of the Tribe. Federal agencies in Washington, DC; (B) an individual who has been placed on the SEC. 108. JURISDICTION OF COMMONWEALTH OF (16) in 1934, Chickahominy Chief O.O. Adkins membership rolls of the Tribe in accordance VIRGINIA. wrote to John Collier, Commissioner of Indian with this title. (a) IN GENERAL.—The Commonwealth of Vir- Affairs, requesting money to acquire land for (3) TRIBE.—The term ‘‘Tribe’’ means the ginia shall exercise jurisdiction over— the Chickahominy Indian Tribe’s use, to build Chickahominy Indian Tribe. (1) all criminal offenses that are committed school, medical, and library facilities and to buy SEC. 103. FEDERAL RECOGNITION. on; and tractors, implements, and seed; (2) all civil actions that arise on, (a) FEDERAL RECOGNITION.— (17) in 1934, John Collier, Commissioner of In- (1) IN GENERAL.—Federal recognition is ex- lands located within the Commonwealth of Vir- dian Affairs, wrote to Chickahominy Chief O.O. tended to the Tribe. ginia that are owned by, or held in trust by the Adkins, informing him that Congress had passed (2) APPLICABILITY OF LAWS.—All laws (includ- United States for, the Tribe. the Act of June 18, 1934 (commonly known as ing regulations) of the United States of general (b) ACCEPTANCE OF STATE JURISDICTION BY the ‘‘Indian Reorganization Act’’) (25 U.S.C. 461 applicability to Indians or nations, Indian SECRETARY.—The Secretary of the Interior is et seq.), but had not made the appropriation to tribes, or bands of Indians (including the Act of authorized to accept on behalf of the United fund the Act; June 18, 1934 (25 U.S.C. 461 et seq.)) that are not States, after consulting with the Attorney Gen- (18) in 1942, Chickahominy Chief O.O. Adkins inconsistent with this title shall be applicable to eral of the United States, all or any portion of wrote to John Collier, Commissioner of Indian the Tribe and tribal members. the jurisdiction of the Commonwealth of Vir- Affairs, asking for help in getting the proper ra- (b) FEDERAL SERVICES AND BENEFITS.— ginia described in subsection (a) upon cial designation on Selective Service records for (1) IN GENERAL.—On and after the date of en- verification by the Secretary of a certification Chickahominy soldiers; actment of this Act, the Tribe and tribal mem- by a tribe that it possesses the capacity to re- (19) in 1943, John Collier, Commissioner of In- bers shall be eligible for all services and benefits assume such jurisdiction. dian Affairs, asked Douglas S. Freeman, editor provided by the Federal Government to federally TITLE II—CHICKAHOMINY INDIAN TRIBE— of the Richmond News-Leader newspaper of recognized Indian tribes without regard to the EASTERN DIVISION Richmond, Virginia, to help Virginia Indians existence of a reservation for the Tribe. SEC. 201. FINDINGS. obtain proper racial designation on birth (2) SERVICE AREA.—For the purpose of the de- records; Congress finds that— livery of Federal services to tribal members, the (1) in 1607, when the English settlers set shore (20) Collier stated that his office could not of- service area of the Tribe shall be considered to along the Virginia coastline, the Chickahominy ficially intervene because it had no responsi- be the area comprised of New Kent County, Indian Tribe was 1 of about 30 tribes that re- bility for the Virginia Indians, ‘‘as a matter James City County, Charles City County, and ceived them; largely of historical accident’’, but was ‘‘inter- Henrico County, Virginia. (2) in 1614, the Chickahominy Indian Tribe ested in them as descendants of the original in- entered into a treaty with Sir Thomas Dale, habitants of the region’’; SEC. 104. MEMBERSHIP; GOVERNING DOCU- MENTS. Governor of the Jamestown Colony, under (21) in 1948, the Veterans’ Education Com- The membership roll and governing documents which— mittee of the Virginia State Board of Education of the Tribe shall be the most recent membership (A) the Chickahominy Indian Tribe agreed to approved Samaria Indian School to provide roll and governing documents, respectively, sub- provide 2 bushels of corn per man and send war- training to veterans; mitted by the Tribe to the Secretary before the riors to protect the English; and (22) that school was established and run by date of enactment of this Act. (B) Sir Thomas Dale agreed in return to allow the Chickahominy Indian Tribe; SEC. 105. GOVERNING BODY. the Tribe to continue to practice its own tribal (23) in 1950, the Chickahominy Indian Tribe governance; purchased and donated to the Charles City The governing body of the Tribe shall be— (1) the governing body of the Tribe in place as (3) in 1646, a treaty was signed which forced County School Board land to be used to build a the Chickahominy from their homeland to the modern school for students of the Chickahominy of the date of enactment of this Act; or (2) any subsequent governing body elected in area around the York River in present-day King and other Virginia Indian tribes; William County, leading to the formation of a (24) the Samaria Indian School included stu- accordance with the election procedures speci- fied in the governing documents of the Tribe. reservation; dents in grades 1 through 8; (4) in 1677, following Bacon’s Rebellion, the (25) in 1961, Senator Sam Ervin, Chairman of SEC. 106. RESERVATION OF THE TRIBE. Queen of Pamunkey signed the Treaty of Mid- the Subcommittee on Constitutional Rights of (a) IN GENERAL.—Upon the request of the dle Plantation on behalf of the Chickahominy; the Committee on the Judiciary of the Senate, Tribe, the Secretary of the Interior— (5) in 1702, the Chickahominy were forced requested Chickahominy Chief O.O. Adkins to (1) shall take into trust for the benefit of the from their reservation, which caused the loss of provide assistance in analyzing the status of the Tribe any land held in fee by the Tribe that was a land base; constitutional rights of Indians ‘‘in your area’’; acquired by the Tribe on or before January 1, (6) in 1711, the College of William and Mary in (26) in 1967, the Charles City County school 2007, if such lands are located within the bound- Williamsburg established a grammar school for board closed Samaria Indian School and con- aries of New Kent County, James City County, Indians called Brafferton College; verted the school to a countywide primary Charles City County, or Henrico County, Vir- (7) a Chickahominy child was 1 of the first In- school as a step toward full school integration ginia; and dians to attend Brafferton College; of Indian and non-Indian students; (2) may take into trust for the benefit of the (8) in 1750, the Chickahominy Indian Tribe (27) in 1972, the Charles City County school Tribe any land held in fee by the Tribe, if such began to migrate from King William County board began receiving funds under the Indian lands are located within the boundaries of New back to the area around the Chickahominy Self-Determination and Education Assistance Kent County, James City County, Charles City River in New Kent and Charles City Counties; Act (25 U.S.C. 458aa et seq.) on behalf of Chick- County, or Henrico County, Virginia. (9) in 1793, a Baptist missionary named ahominy students, which funding is provided as (b) DEADLINE FOR DETERMINATION.—The Sec- Bradby took refuge with the Chickahominy and of the date of enactment of this Act under title retary shall make a final written determination took a Chickahominy woman as his wife; V of the Indian Self-Determination and Edu- not later than three years of the date which the (10) in 1831, the names of the ancestors of the cation Assistance Act (25 U.S.C. 458aaa et seq.); Tribe submits a request for land to be taken into modern-day Chickahominy Indian Tribe began (28) in 1974, the Chickahominy Indian Tribe trust under subsection (a)(2) and shall imme- to appear in the Charles City County census bought land and built a tribal center using diately make that determination available to the records; monthly pledges from tribal members to finance Tribe. (11) in 1870, a census revealed an enclave of the transactions; (c) RESERVATION STATUS.—Any land taken Indians in New Kent County that is believed to (29) in 1983, the Chickahominy Indian Tribe into trust for the benefit of the Tribe pursuant be the beginning of the Chickahominy Indian was granted recognition as an Indian tribe by to this paragraph shall, upon request of the Tribe—Eastern Division; the Commonwealth of Virginia, along with 5 Tribe, be considered part of the reservation of (12) other records were destroyed when the other Indian tribes; and the Tribe. New Kent County courthouse was burned, leav- (30) in 1985, Governor Gerald Baliles was the (d) GAMING.—The Tribe may not conduct gam- ing a State census as the only record covering special guest at an intertribal Thanksgiving ing activities as a matter of claimed inherent that period;

VerDate Mar 15 2010 08:46 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00031 Fmt 0688 Sfmt 6333 E:\BR09\H03JN9.001 H03JN9 erowe on DSK5CLS3C1PROD with BOUND RECORD June 3, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 13825 (13) in 1901, the Chickahominy Indian Tribe James City County, Charles City County, and (B) were significantly involved in English-In- formed Samaria Baptist Church; Henrico County, Virginia. dian affairs; (14) from 1901 to 1935, Chickahominy men SEC. 204. MEMBERSHIP; GOVERNING DOCU- (2) Mattaponi Indians, who later joined the were assessed a tribal tax so that their children MENTS. Chickahominy Indians, lived a greater distance could receive an education; The membership roll and governing documents from Jamestown; (15) the Tribe used the proceeds from the tax of the Tribe shall be the most recent membership (3) in 1646, the Chickahominy Indians moved to build the first Samaria Indian School, buy roll and governing documents, respectively, sub- to Mattaponi River basin, away from the supplies, and pay a teacher’s salary; mitted by the Tribe to the Secretary before the English; (16) in 1910, a 1-room school covering grades 1 date of enactment of this Act. (4) in 1661, the Chickahominy Indians sold through 8 was established in New Kent County SEC. 205. GOVERNING BODY. land at a place known as ‘‘the cliffs’’ on the for the Chickahominy Indian Tribe—Eastern The governing body of the Tribe shall be— Mattaponi River; Division; (1) the governing body of the Tribe in place as (5) in 1669, the Chickahominy Indians— (17) during the period of 1920 through 1921, of the date of enactment of this Act; or (A) appeared in the Virginia Colony’s census the Chickahominy Indian Tribe—Eastern Divi- (2) any subsequent governing body elected in of Indian bowmen; and sion began forming a tribal government; accordance with the election procedures speci- (B) lived in ‘‘New Kent’’ County, which in- (18) E.P. Bradby, the founder of the Tribe, fied in the governing documents of the Tribe. cluded the Mattaponi River basin at that time; was elected to be Chief; SEC. 206. RESERVATION OF THE TRIBE. (6) in 1677, the Chickahominy and Mattaponi (19) in 1922, Tsena Commocko Baptist Church (a) IN GENERAL.—Upon the request of the Indians were subjects of the Queen of was organized; Tribe, the Secretary of the Interior— Pamunkey, who was a signatory to the Treaty (20) in 1925, a certificate of incorporation was (1) shall take into trust for the benefit of the of 1677 with the King of England; issued to the Chickahominy Indian Tribe—East- Tribe any land held in fee by the Tribe that was (7) in 1683, after a Mattaponi town was at- ern Division; acquired by the Tribe on or before January 1, tacked by Seneca Indians, the Mattaponi Indi- (21) in 1950, the 1-room Indian school in New 2007, if such lands are located within the bound- ans took refuge with the Chickahominy Indians, Kent County was closed and students were aries of New Kent County, James City County, and the history of the 2 groups was intertwined bused to Samaria Indian School in Charles City Charles City County, or Henrico County, Vir- for many years thereafter; County; ginia; and (8) in 1695, the Chickahominy and Mattaponi (22) in 1967, the Chickahominy Indian Tribe (2) may take into trust for the benefit of the Indians— and the Chickahominy Indian Tribe—Eastern Tribe any land held in fee by the Tribe, if such (A) were assigned a reservation by the Vir- Division lost their schools as a result of the re- lands are located within the boundaries of New ginia Colony; and quired integration of students; Kent County, James City County, Charles City (B) traded land of the reservation for land at (23) during the period of 1982 through 1984, County, or Henrico County, Virginia. the place known as ‘‘the cliffs’’ (which, as of Tsena Commocko Baptist Church built a new (b) DEADLINE FOR DETERMINATION.—The Sec- the date of enactment of this Act, is the sanctuary to accommodate church growth; retary shall make a final written determination Mattaponi Indian Reservation), which had been (24) in 1983 the Chickahominy Indian Tribe— not later than three years of the date which the owned by the Mattaponi Indians before 1661; Eastern Division was granted State recognition Tribe submits a request for land to be taken into (9) in 1711, a Chickahominy boy attended the along with 5 other Virginia Indian tribes; trust under subsection (a)(2) and shall imme- Indian School at the College of William and (25) in 1985— diately make that determination available to the Mary; (A) the Virginia Council on Indians was orga- Tribe. (10) in 1726, the Virginia Colony discontinued nized as a State agency; and (c) RESERVATION STATUS.—Any land taken funding of interpreters for the Chickahominy (B) the Chickahominy Indian Tribe—Eastern into trust for the benefit of the Tribe pursuant and Mattaponi Indian Tribes; Division was granted a seat on the Council; to this paragraph shall, upon request of the (11) James Adams, who served as an inter- (26) in 1988, a nonprofit organization known Tribe, be considered part of the reservation of preter to the Indian tribes known as of the date as the ‘‘United Indians of Virginia’’ was formed; the Tribe. of enactment of this Act as the ‘‘Upper and (d) GAMING.—The Tribe may not conduct gam- Mattaponi Indian Tribe’’ and ‘‘Chickahominy (27) Chief Marvin ‘‘Strongoak’’ Bradby of the ing activities as a matter of claimed inherent Indian Tribe’’, elected to stay with the Upper Eastern Band of the Chickahominy presently authority or under the authority of any Federal Mattaponi Indians; chairs the organization. law, including the Indian Gaming Regulatory (12) today, a majority of the Upper Mattaponi SEC. 202. DEFINITIONS. Act (25 U.S.C. 2701 et seq.) or under any regula- Indians have ‘‘Adams’’ as their surname; In this title: tions thereunder promulgated by the Secretary (13) in 1787, Thomas Jefferson, in Notes on the (1) SECRETARY.—The term ‘‘Secretary’’ means or the National Indian Gaming Commission. Commonwealth of Virginia, mentioned the the Secretary of the Interior. SEC. 207. HUNTING, FISHING, TRAPPING, GATH- Mattaponi Indians on a reservation in King (2) TRIBAL MEMBER.—The term ‘‘tribal mem- ERING, AND WATER RIGHTS. William County and said that Chickahominy ber’’ means— Nothing in this title expands, reduces, or af- Indians were ‘‘blended’’ with the Mattaponi In- (A) an individual who is an enrolled member fects in any manner any hunting, fishing, trap- dians and nearby Pamunkey Indians; of the Tribe as of the date of enactment of this ping, gathering, or water rights of the Tribe and (14) in 1850, the census of the United States Act; and members of the Tribe. revealed a nucleus of approximately 10 families, (B) an individual who has been placed on the all ancestral to modern Upper Mattaponi Indi- membership rolls of the Tribe in accordance SEC. 208. JURISDICTION OF COMMONWEALTH OF VIRGINIA. ans, living in central King William County, Vir- with this title. (a) IN GENERAL.—The Commonwealth of Vir- ginia, approximately 10 miles from the reserva- (3) TRIBE.—The term ‘‘Tribe’’ means the ginia shall exercise jurisdiction over— tion; Chickahominy Indian Tribe—Eastern Division. (1) all criminal offenses that are committed (15) during the period of 1853 through 1884, SEC. 203. FEDERAL RECOGNITION. on; and King William County marriage records listed (a) FEDERAL RECOGNITION.— (2) all civil actions that arise on, Upper Mattaponis as ‘‘Indians’’ in marrying (1) IN GENERAL.—Federal recognition is ex- people residing on the reservation; lands located within the Commonwealth of Vir- tended to the Tribe. (16) during the period of 1884 through the ginia that are owned by, or held in trust by the (2) APPLICABILITY OF LAWS.—All laws (includ- present, county marriage records usually refer United States for, the Tribe. ing regulations) of the United States of general to Upper Mattaponis as ‘‘Indians’’; (b) ACCEPTANCE OF STATE JURISDICTION BY applicability to Indians or nations, Indian (17) in 1901, Smithsonian anthropologist James SECRETARY.—The Secretary of the Interior is tribes, or bands of Indians (including the Act of Mooney heard about the Upper Mattaponi Indi- authorized to accept on behalf of the United June 18, 1934 (25 U.S.C. 461 et seq.)) that are not ans but did not visit them; States, after consulting with the Attorney Gen- inconsistent with this title shall be applicable to (18) in 1928, University of Pennsylvania an- eral of the United States, all or any portion of the Tribe and tribal members. thropologist Frank Speck published a book on the jurisdiction of the Commonwealth of Vir- (b) FEDERAL SERVICES AND BENEFITS.— modern Virginia Indians with a section on the ginia described in subsection (a) upon (1) IN GENERAL.—On and after the date of en- Upper Mattaponis; verification by the Secretary of a certification actment of this Act, the Tribe and tribal mem- (19) from 1929 until 1930, the leadership of the by a tribe that it possesses the capacity to re- bers shall be eligible for all future services and Upper Mattaponi Indians opposed the use of a assume such jurisdiction. benefits provided by the Federal Government to ‘‘colored’’ designation in the 1930 United States federally recognized Indian tribes without re- TITLE III—UPPER MATTAPONI TRIBE census and won a compromise in which the In- gard to the existence of a reservation for the SEC. 301. FINDINGS. dian ancestry of the Upper Mattaponis was re- Tribe. Congress finds that— corded but questioned; (2) SERVICE AREA.—For the purpose of the de- (1) during the period of 1607 through 1646, the (20) during the period of 1942 through 1945— livery of Federal services to tribal members, the Chickahominy Indian Tribes— (A) the leadership of the Upper Mattaponi In- service area of the Tribe shall be considered to (A) lived approximately 20 miles from James- dians, with the help of Frank Speck and others, be the area comprised of New Kent County, town; and fought against the induction of young men of

VerDate Mar 15 2010 08:46 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00032 Fmt 0688 Sfmt 6333 E:\BR09\H03JN9.001 H03JN9 erowe on DSK5CLS3C1PROD with BOUND RECORD 13826 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 June 3, 2009 the Tribe into ‘‘colored’’ units in the Armed not later than three years of the date which the the Rappahannocks, as the Rappahannocks Forces of the United States; and Tribe submits a request for land to be taken into had not participated in the Pamunkey-led up- (B) a tribal roll for the Upper Mattaponi Indi- trust under subsection (a)(2) and shall imme- rising in 1644, and the English wanted to ‘‘treat ans was compiled; diately make that determination available to the with the Rappahannocks or any other Indians (21) from 1945 to 1946, negotiations took place Tribe. not in amity with Opechancanough, concerning to admit some of the young people of the Upper (c) RESERVATION STATUS.—Any land taken serving the county against the Pamunkeys’’; Mattaponi to high schools for Federal Indians into trust for the benefit of the Tribe pursuant (9) in April 1651, the Rappahannocks con- (especially at Cherokee) because no high school to this paragraph shall, upon request of the veyed a tract of land to an English settler, Colo- coursework was available for Indians in Vir- Tribe, be considered part of the reservation of nel Morre Fauntleroy; ginia schools; and the Tribe. (10) the deed for the conveyance was signed (22) in 1983, the Upper Mattaponi Indians ap- (d) GAMING.—The Tribe may not conduct gam- by Accopatough, weroance of the Rappahan- plied for and won State recognition as an In- ing activities as a matter of claimed inherent nock Indians; dian tribe. authority or under the authority of any Federal (11) in September 1653, Lancaster County SEC. 302. DEFINITIONS. law, including the Indian Gaming Regulatory signed a treaty with Rappahannock Indians, In this title: Act (25 U.S.C. 2701 et seq.) or under any regula- the terms of which treaty— (1) SECRETARY.—The term ‘‘Secretary’’ means tions thereunder promulgated by the Secretary (A) gave Rappahannocks the rights of Eng- the Secretary of the Interior. or the National Indian Gaming Commission. lishmen in the county court; and (2) TRIBAL MEMBER.—The term ‘‘tribal mem- SEC. 307. HUNTING, FISHING, TRAPPING, GATH- (B) attempted to make the Rappahannocks ber’’ means— ERING, AND WATER RIGHTS. more accountable under English law; (A) an individual who is an enrolled member Nothing in this title expands, reduces, or af- (12) in September 1653, Lancaster County de- of the Tribe as of the date of enactment of this fects in any manner any hunting, fishing, trap- fined and marked the bounds of its Indian set- Act; and ping, gathering, or water rights of the Tribe and tlements; (B) an individual who has been placed on the members of the Tribe. (13) according to the Lancaster clerk of court, membership rolls of the Tribe in accordance SEC. 308. JURISDICTION OF COMMONWEALTH OF ‘‘the tribe called the great Rappahannocks lived with this title. VIRGINIA. on the Rappahannock Creek just across the (3) TRIBE.—The term ‘‘Tribe’’ means the (a) IN GENERAL.—The Commonwealth of Vir- river above Tappahannock’’; Upper Mattaponi Tribe. ginia shall exercise jurisdiction over— (14) in September 1656, (Old) Rappahannock SEC. 303. FEDERAL RECOGNITION. (1) all criminal offenses that are committed County (which, as of the date of enactment of on; and (a) FEDERAL RECOGNITION.— this Act, is comprised of Richmond and Essex (2) all civil actions that arise on, (1) IN GENERAL.—Federal recognition is ex- Counties, Virginia) signed a treaty with Rappa- tended to the Tribe. lands located within the Commonwealth of Vir- hannock Indians that— (2) APPLICABILITY OF LAWS.—All laws (includ- ginia that are owned by, or held in trust by the (A) mirrored the Lancaster County treaty ing regulations) of the United States of general United States for, the Tribe. from 1653; and applicability to Indians or nations, Indian (b) ACCEPTANCE OF STATE JURISDICTION BY (B) stated that— tribes, or bands of Indians (including the Act of SECRETARY.—The Secretary of the Interior is (i) Rappahannocks were to be rewarded, in June 18, 1934 (25 U.S.C. 461 et seq.)) that are not authorized to accept on behalf of the United Roanoke, for returning English fugitives; and inconsistent with this title shall be applicable to States, after consulting with the Attorney Gen- (ii) the English encouraged the the Tribe and tribal members. eral of the United States, all or any portion of Rappahannocks to send their children to live (b) FEDERAL SERVICES AND BENEFITS.— the jurisdiction of the Commonwealth of Vir- among the English as servants, who the English (1) IN GENERAL.—On and after the date of en- ginia described in subsection (a) upon promised would be well-treated; actment of this Act, the Tribe and tribal mem- verification by the Secretary of a certification (15) in 1658, the Virginia Assembly revised a bers shall be eligible for all services and benefits by a tribe that it possesses the capacity to re- 1652 Act stating that ‘‘there be no grants of land provided by the Federal Government to federally assume such jurisdiction. to any Englishman whatsoever de futuro until recognized Indian tribes without regard to the TITLE IV—RAPPAHANNOCK TRIBE, INC. the Indians be first served with the proportion of 50 acres of land for each bowman’’; existence of a reservation for the Tribe. SEC. 401. FINDINGS. (16) in 1669, the colony conducted a census of (2) SERVICE AREA.—For the purpose of the de- Congress finds that— livery of Federal services to tribal members, the (1) during the initial months after Virginia Virginia Indians; service area of the Tribe shall be considered to was settled, the Rappahannock Indians had 3 (17) as of the date of that census— be the area within 25 miles of the Sharon Indian encounters with Captain John Smith; (A) the majority of the Rappahannocks were School at 13383 King William Road, King Wil- (2) the first encounter occurred when the Rap- residing at their hunting village on the north liam County, Virginia. pahannock weroance (headman)— side of the Mattaponi River; and (A) traveled to Quiyocohannock (a principal (B) at the time of the visit, census-takers were SEC. 304. MEMBERSHIP; GOVERNING DOCU- counting only the Indian tribes along the rivers, MENTS. town across the James River from Jamestown), which explains why only 30 Rappahannock The membership roll and governing documents where he met with Smith to determine whether bowmen were counted on that river; of the Tribe shall be the most recent membership Smith had been the ‘‘great man’’ who had pre- (18) the Rappahannocks used the hunting vil- roll and governing documents, respectively, sub- viously sailed into the Rappahannock River, lage on the north side of the Mattaponi River as mitted by the Tribe to the Secretary before the killed a Rappahannock weroance, and kid- their primary residence until the date of enactment of this Act. napped Rappahannock people; and Rappahannocks were removed in 1684; SEC. 305. GOVERNING BODY. (B) determined that Smith was too short to be that ‘‘great man’’; (19) in May 1677, the Treaty of Middle Planta- The governing body of the Tribe shall be— (3) on a second meeting, during John Smith’s tion was signed with England; (1) the governing body of the Tribe in place as captivity (December 16, 1607 to January 8, 1608), (20) the Pamunkey Queen Cockacoeske signed of the date of enactment of this Act; or Smith was taken to the Rappahannock prin- on behalf of the Rappahannocks, ‘‘who were (2) any subsequent governing body elected in cipal village to show the people that Smith was supposed to be her tributaries’’, but before the accordance with the election procedures speci- not the ‘‘great man’’; treaty could be ratified, the Queen of Pamunkey fied in the governing documents of the Tribe. (4) a third meeting took place during Smith’s complained to the Virginia Colonial Council SEC. 306. RESERVATION OF THE TRIBE. exploration of the Chesapeake Bay (July to Sep- ‘‘that she was having trouble with (a) IN GENERAL.—Upon the request of the tember 1608), when, after the Moraughtacund Rappahannocks and Chickahominies, sup- Tribe, the Secretary of the Interior— Indians had stolen 3 women from the Rappa- posedly tributaries of hers’’; (1) shall take into trust for the benefit of the hannock King, Smith was prevailed upon to fa- (21) in November 1682, the Virginia Colonial Tribe any land held in fee by the Tribe that was cilitate a peaceful truce between the Rappahan- Council established a reservation for the Rappa- acquired by the Tribe on or before January 1, nock and the Moraughtacund Indians; hannock Indians of 3,474 acres ‘‘about the town 2007, if such lands are located within the bound- (5) in the settlement, Smith had the 2 Indian where they dwelt’’; aries of King William County, Caroline County, tribes meet on the spot of their first fight; (22) the Rappahannock ‘‘town’’ was the hunt- Hanover County, King and Queen County, and (6) when it was established that both groups ing village on the north side of the Mattaponi New Kent County, Virginia; and wanted peace, Smith told the Rappahannock River, where the Rappahannocks had lived (2) may take into trust for the benefit of the King to select which of the 3 stolen women he throughout the 1670s; Tribe any land held in fee by the Tribe, if such wanted; (23) the acreage allotment of the reservation lands are located within the boundaries of King (7) the Moraughtacund King was given sec- was based on the 1658 Indian land act, which William County, Caroline County, Hanover ond choice among the 2 remaining women, and translates into a bowman population of 70, or County, King and Queen County, and New Mosco, a Wighcocomoco (on the Potomac River) an approximate total Rappahannock population Kent County, Virginia. guide, was given the third woman; of 350; (b) DEADLINE FOR DETERMINATION.—The Sec- (8) in 1645, Captain William Claiborne tried (24) in 1683, following raids by Iroquoian war- retary shall make a final written determination unsuccessfully to establish treaty relations with riors on both Indian and English settlements,

VerDate Mar 15 2010 08:46 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00033 Fmt 0688 Sfmt 6333 E:\BR09\H03JN9.001 H03JN9 erowe on DSK5CLS3C1PROD with BOUND RECORD June 3, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 13827 the Virginia Colonial Council ordered the (44) in April 1921, Rappahannock Chief (64) on April 25, 1940, the Office of Indian Af- Rappahannocks to leave their reservation and George Nelson asked the Governor of Virginia, fairs of the Department of the Interior included unite with the Nanzatico Indians at Nanzatico Westmoreland Davis, to forward a proclamation the Rappahannocks on a list of Indian tribes Indian Town, which was located across and up to the President of the United States, along with classified by State and by agency; the Rappahannock River some 30 miles; an appended list of tribal members and a hand- (65) in 1948, the Smithsonian Institution An- (25) between 1687 and 1699, the written copy of the proclamation itself; nual Report included an article by William Rappahannocks migrated out of Nanzatico, re- (45) the letter concerned Indian freedom of Harlen Gilbert entitled, ‘‘Surviving Indian turning to the south side of the Rappahannock speech and assembly nationwide; Groups of the Eastern United States’’, which in- River at Portobacco Indian Town; (46) in 1922, the Rappahannocks established a cluded and described the Rappahannock Tribe; (26) in 1706, by order of Essex County, Lieu- formal school at Lloyds, Essex County, Virginia; (66) in the late 1940s and early 1950s, the tenant Richard Covington ‘‘escorted’’ the (47) prior to establishment of the school, Rap- Rappahannocks operated a school at Indian Portobaccos and Rappahannocks out of pahannock children were taught by a tribal Neck; Portobacco Indian Town, out of Essex County, member in Central Point, Caroline County, Vir- (67) the State agreed to pay a tribal teacher to and into King and Queen County where they ginia; teach 10 students bused by King and Queen settled along the ridgeline between the Rappa- (48) in December 1923, Rappahannock Chief County to Sharon Indian School in King Wil- hannock and Mattaponi Rivers, the site of their George Nelson testified before Congress appeal- liam County, Virginia; ancient hunting village and 1682 reservation; ing for a $50,000 appropriation to establish an (68) in 1965, Rappahannock students entered (27) during the 1760s, 3 Rappahannock girls Indian school in Virginia; Marriott High School (a white public school) by were raised on Thomas Nelson’s Bleak Hill (49) in 1930, the Rappahannocks were engaged executive order of the Governor of Virginia; Plantation in King William County; in an ongoing dispute with the Commonwealth (69) in 1972, the Rappahannocks worked with (28) of those girls— of Virginia and the United States Census Bu- the Coalition of Eastern Native Americans to (A) 1 married a Saunders man; reau about their classification in the 1930 Fed- fight for Federal recognition; (B) 1 married a Johnson man; and eral census; (70) in 1979, the Coalition established a pot- (C) 1 had 2 children, Edmund and Carter Nel- (50) in January 1930, Rappahannock Chief tery and artisans company, operating with son, fathered by Thomas Cary Nelson; Otho S. Nelson wrote to Leon Truesdell, Chief other Virginia tribes; (29) in the 19th century, those Saunders, Statistician of the United States Census Bureau, (71) in 1980, the Rappahannocks received Johnson, and Nelson families are among the asking that the 218 enrolled Rappahannocks be funding through the Administration for Native core Rappahannock families from which the listed as Indians; Americans of the Department of Health and modern Tribe traces its descent; (51) in February 1930, Truesdell replied to Nel- Human Services to develop an economic program (30) in 1819 and 1820, Edward Bird, John Bird son saying that ‘‘special instructions’’ were for the Tribe; and (and his wife), Carter Nelson, Edmund Nelson, being given about classifying Indians; (72) in 1983, the Rappahannocks received and Carter Spurlock (all Rappahannock ances- (52) in April 1930, Nelson wrote to William M. State recognition as an Indian tribe. tors) were listed on the tax roles of King and Steuart at the Census Bureau asking about the SEC. 402. DEFINITIONS. Queen County and taxed at the county poor enumerators’ failure to classify his people as In- In this title: rate; dians, saying that enumerators had not asked (1) SECRETARY.—The term ‘‘Secretary’’ means (31) Edmund Bird was added to the tax roles the question about race when they interviewed the Secretary of the Interior. in 1821; his people; (2) TRIBAL MEMBER.—The term ‘‘tribal mem- (32) those tax records are significant docu- (53) in a followup letter to Truesdell, Nelson ber’’ means— mentation because the great majority of pre-1864 reported that the enumerators were ‘‘flatly de- (A) an individual who is an enrolled member records for King and Queen County were de- nying’’ his people’s request to be listed as Indi- of the Tribe as of the date of enactment of this stroyed by fire; ans and that the race question was completely Act; and (33) beginning in 1819, and continuing avoided during interviews; (B) an individual who has been placed on the through the 1880s, there was a solid Rappahan- (54) the Rappahannocks had spoken with membership rolls of the Tribe in accordance nock presence in the membership at Upper Essex Caroline and Essex County enumerators, and with this title. Baptist Church; with John M.W. Green at that point, without (3) TRIBE.— (34) that was the first instance of conversion success; (A) IN GENERAL.—The term ‘‘Tribe’’ means the to Christianity by at least some Rappahannock (55) Nelson asked Truesdell to list people as organization possessing the legal name Rappa- Indians; Indians if he sent a list of members; hannock Tribe, Inc. (35) while 26 identifiable and traceable Rap- (56) the matter was settled by William Steuart, (B) EXCLUSIONS.—The term ‘‘Tribe’’ does not pahannock surnames appear on the pre-1863 who concluded that the Bureau’s rule was that include any other Indian tribe, subtribe, band, membership list, and 28 were listed on the 1863 people of Indian descent could be classified as or splinter group the members of which rep- membership roster, the number of surnames list- ‘‘Indian’’ only if Indian ‘‘blood’’ predominated resent themselves as Rappahannock Indians. ed had declined to 12 in 1878 and had risen only and ‘‘Indian’’ identity was accepted in the local SEC. 403. FEDERAL RECOGNITION. slightly to 14 by 1888; community; (a) FEDERAL RECOGNITION.— (36) a reason for the decline is that in 1870, a (57) the Virginia Vital Statistics Bureau (1) IN GENERAL.—Federal recognition is ex- Methodist circuit rider, Joseph Mastin, secured classed all nonreservation Indians as ‘‘Negro’’, tended to the Tribe. funds to purchase land and construct St. Ste- and it failed to see why ‘‘an exception should be (2) APPLICABILITY OF LAWS.—All laws (includ- phens Baptist Church for the Rappahannocks made’’ for the Rappahannocks; ing regulations) of the United States of general living nearby in Caroline County; (58) therefore, in 1925, the Indian Rights Asso- applicability to Indians or nations, Indian (37) Mastin referred to the Rappahannocks ciation took on the Rappahannock case to assist tribes, or bands of Indians (including the Act of during the period of 1850 to 1870 as ‘‘Indians, the Rappahannocks in fighting for their rec- June 18, 1934 (25 U.S.C. 461 et seq.)) that are not having a great need for moral and Christian ognition and rights as an Indian tribe; inconsistent with this title shall be applicable to guidance’’; (59) during the Second World War, the the Tribe and tribal members. (38) St. Stephens was the dominant tribal Pamunkeys, Mattaponis, Chickahominies, and (b) FEDERAL SERVICES AND BENEFITS.— church until the Rappahannock Indian Baptist Rappahannocks had to fight the draft boards (1) IN GENERAL.—On and after the date of en- Church was established in 1964; with respect to their racial identities; actment of this Act, the Tribe and tribal mem- (39) at both churches, the core Rappahannock (60) the Virginia Vital Statistics Bureau in- bers shall be eligible for all services and benefits family names of Bird, Clarke, Fortune, Johnson, sisted that certain Indian draftees be inducted provided by the Federal Government to federally Nelson, Parker, and Richardson predominate; into Negro units; recognized Indian tribes without regard to the (40) during the early 1900s, James Mooney, (61) finally, 3 Rappahannocks were convicted existence of a reservation for the Tribe. noted anthropologist, maintained correspond- of violating the Federal draft laws and, after (2) SERVICE AREA.—For the purpose of the de- ence with the Rappahannocks, surveying them spending time in a Federal prison, were granted livery of Federal services to tribal members, the and instructing them on how to formalize their conscientious objector status and served out the service area of the Tribe shall be considered to tribal government; remainder of the war working in military hos- be the area comprised of King and Queen Coun- (41) in November 1920, Speck visited the pitals; ty, Caroline County, Essex County, Spotsyl- Rappahannocks and assisted them in organizing (62) in 1943, Frank Speck noted that there vania County, Stafford County, and Richmond the fight for their sovereign rights; were approximately 25 communities of Indians County, Virginia. (42) in 1921, the Rappahannocks were granted left in the Eastern United States that were enti- SEC. 404. MEMBERSHIP; GOVERNING DOCU- a charter from the Commonwealth of Virginia tled to Indian classification, including the MENTS. formalizing their tribal government; Rappahannocks; The membership roll and governing documents (43) Speck began a professional relationship (63) in the 1940s, Leon Truesdell, Chief Stat- of the Tribe shall be the most recent membership with the Tribe that would last more than 30 istician, of the United States Census Bureau, roll and governing documents, respectively, sub- years and document Rappahannock history and listed 118 members in the Rappahannock Tribe mitted by the Tribe to the Secretary before the traditions as never before; in the Indian population of Virginia; date of enactment of this Act.

VerDate Mar 15 2010 08:46 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00034 Fmt 0688 Sfmt 6333 E:\BR09\H03JN9.001 H03JN9 erowe on DSK5CLS3C1PROD with BOUND RECORD 13828 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 June 3, 2009 SEC. 405. GOVERNING BODY. (4) in 1790, the first national census recorded inconsistent with this title shall be applicable to The governing body of the Tribe shall be— Benjamin Evans and Robert Johns, both ances- the Tribe and tribal members. (1) the governing body of the Tribe in place as tors of the present Monacan community, listed (b) FEDERAL SERVICES AND BENEFITS.— of the date of enactment of this Act; or as ‘‘white’’ with mulatto children; (1) IN GENERAL.—On and after the date of en- (2) any subsequent governing body elected in (5) in 1782, tax records also began for those actment of this Act, the Tribe and tribal mem- accordance with the election procedures speci- families; bers shall be eligible for all services and benefits fied in the governing documents of the Tribe. (6) in 1850, the United States census recorded provided by the Federal Government to federally SEC. 406. RESERVATION OF THE TRIBE. 29 families, mostly large, with Monacan sur- recognized Indian tribes without regard to the (a) IN GENERAL.—Upon the request of the names, the members of which are genealogically existence of a reservation for the Tribe. Tribe, the Secretary of the Interior— related to the present community; (2) SERVICE AREA.—For the purpose of the de- (1) shall take into trust for the benefit of the (7) in 1870, a log structure was built at the livery of Federal services to tribal members, the Tribe any land held in fee by the Tribe that was Bear Mountain Indian Mission; service area of the Tribe shall be considered to acquired by the Tribe on or before January 1, (8) in 1908, the structure became an Episcopal be the area comprised of all land within 25 miles 2007, if such lands are located within the bound- Mission and, as of the date of enactment of this from the center of Amherst, Virginia. aries of King and Queen County, Stafford Act, the structure is listed as a landmark on the SEC. 504. MEMBERSHIP; GOVERNING DOCU- County, Spotsylvania County, Richmond Coun- National Register of Historic Places; MENTS. ty, Essex County, and Caroline County, Vir- (9) in 1920, 304 Amherst Indians were identi- The membership roll and governing documents ginia; and fied in the United States census; of the Tribe shall be the most recent membership (2) may take into trust for the benefit of the (10) from 1930 through 1931, numerous letters roll and governing documents, respectively, sub- Tribe any land held in fee by the Tribe, if such from Monacans to the Bureau of the Census re- mitted by the Tribe to the Secretary before the lands are located within the boundaries of King sulted from the decision of Dr. Walter Plecker, date of enactment of this Act. and Queen County, Stafford County, Spotsyl- former head of the Bureau of Vital Statistics of SEC. 505. GOVERNING BODY. vania County, Richmond County, Essex County, the Commonwealth of Virginia, not to allow In- The governing body of the Tribe shall be— and Caroline County, Virginia. dians to register as Indians for the 1930 census; (1) the governing body of the Tribe in place as (b) DEADLINE FOR DETERMINATION.—The Sec- (11) the Monacans eventually succeeded in of the date of enactment of this Act; or retary shall make a final written determination being allowed to claim their race, albeit with an (2) any subsequent governing body elected in not later than three years of the date which the asterisk attached to a note from Dr. Plecker accordance with the election procedures speci- Tribe submits a request for land to be taken into stating that there were no Indians in Virginia; fied in the governing documents of the Tribe. trust under subsection (a)(2) and shall imme- (12) in 1947, D’Arcy McNickle, a Salish In- SEC. 506. RESERVATION OF THE TRIBE. dian, saw some of the children at the Amherst diately make that determination available to the (a) IN GENERAL.—Upon the request of the Tribe. Mission and requested that the Cherokee Agen- Tribe, the Secretary of the Interior— (c) RESERVATION STATUS.—Any land taken cy visit them because they appeared to be In- (1) shall take into trust for the benefit of the into trust for the benefit of the Tribe pursuant dian; Tribe any land held in fee by the Tribe that was to this paragraph shall, upon request of the (13) that letter was forwarded to the Depart- acquired by the Tribe on or before January 1, Tribe, be considered part of the reservation of ment of the Interior, Office of Indian Affairs, 2007, if such lands are located within the bound- the Tribe. Chicago, Illinois; aries of Albemarle County, Alleghany County, (14) Chief Jarrett Blythe of the Eastern Band (d) GAMING.—The Tribe may not conduct gam- Amherst County, Augusta County, Campbell ing activities as a matter of claimed inherent of Cherokee did visit the Mission and wrote that County, Nelson County, and Rockbridge Coun- authority or under the authority of any Federal he ‘‘would be willing to accept these children in ty, Virginia; and law, including the Indian Gaming Regulatory the Cherokee school’’; (2) may take into trust for the benefit of the Act (25 U.S.C. 2701 et seq.) or under any regula- (15) in 1979, a Federal Coalition of Eastern Tribe any land held in fee by the Tribe, if such tions thereunder promulgated by the Secretary Native Americans established the entity known lands are located within the boundaries of Albe- or the National Indian Gaming Commission. as ‘‘Monacan Co-operative Pottery’’ at the Am- marle County, Alleghany County, Amherst herst Mission; County, Augusta County, Campbell County, SEC. 407. HUNTING, FISHING, TRAPPING, GATH- (16) some important pieces were produced at ERING, AND WATER RIGHTS. Nelson County, and Rockbridge County, Vir- Monacan Co-operative Pottery, including a Nothing in this title expands, reduces, or af- ginia. piece that was sold to the Smithsonian Institu- fects in any manner any hunting, fishing, trap- (b) DEADLINE FOR DETERMINATION.—The Sec- tion; ping, gathering, or water rights of the Tribe and retary shall make a final written determination (17) the Mattaponi-Pamunkey-Monacan Con- not later than three years of the date which the members of the Tribe. sortium, established in 1981, has since been or- SEC. 408. JURISDICTION OF COMMONWEALTH OF Tribe submits a request for land to be taken into ganized as a nonprofit corporation that serves trust under subsection (a)(2) and shall imme- VIRGINIA. as a vehicle to obtain funds for those Indian (a) IN GENERAL.—The Commonwealth of Vir- diately make that determination available to the tribes from the Department of Labor under Na- Tribe. ginia shall exercise jurisdiction over— tive American programs; (c) RESERVATION STATUS.—Any land taken (1) all criminal offenses that are committed (18) in 1989, the Monacan Tribe was recog- on; and into trust for the benefit of the Tribe pursuant nized by the Commonwealth of Virginia, which to this paragraph shall, upon request of the (2) all civil actions that arise on, enabled the Tribe to apply for grants and par- lands located within the Commonwealth of Vir- Tribe, be considered part of the reservation of ticipate in other programs; and the Tribe. ginia that are owned by, or held in trust by the (19) in 1993, the Monacan Tribe received tax- United States for, the Tribe. (d) GAMING.—The Tribe may not conduct gam- exempt status as a nonprofit corporation from ing activities as a matter of claimed inherent (b) ACCEPTANCE OF STATE JURISDICTION BY the Internal Revenue Service. SECRETARY.—The Secretary of the Interior is authority or under the authority of any Federal SEC. 502. DEFINITIONS. authorized to accept on behalf of the United law, including the Indian Gaming Regulatory In this title: States, after consulting with the Attorney Gen- Act (25 U.S.C. 2701 et seq.) or under any regula- (1) SECRETARY.—The term ‘‘Secretary’’ means eral of the United States, all or any portion of tions thereunder promulgated by the Secretary the Secretary of the Interior. the jurisdiction of the Commonwealth of Vir- or the National Indian Gaming Commission. (2) TRIBAL MEMBER.—The term ‘‘tribal mem- ginia described in subsection (a) upon SEC. 507. HUNTING, FISHING, TRAPPING, GATH- ber’’ means— verification by the Secretary of a certification ERING, AND WATER RIGHTS. (A) an individual who is an enrolled member by a tribe that it possesses the capacity to re- Nothing in this title expands, reduces, or af- of the Tribe as of the date of enactment of this assume such jurisdiction. fects in any manner any hunting, fishing, trap- Act; and ping, gathering, or water rights of the Tribe and TITLE V—MONACAN INDIAN NATION (B) an individual who has been placed on the members of the Tribe. SEC. 501. FINDINGS. membership rolls of the Tribe in accordance SEC. 508. JURISDICTION OF COMMONWEALTH OF Congress finds that— with this title. VIRGINIA. (1) in 1677, the Monacan Tribe signed the (3) TRIBE.—The term ‘‘Tribe’’ means the Mon- (a) IN GENERAL.—The Commonwealth of Vir- Treaty of Middle Plantation between Charles II acan Indian Nation. ginia shall exercise jurisdiction over— of England and 12 Indian ‘‘Kings and Chief SEC. 503. FEDERAL RECOGNITION. (1) all criminal offenses that are committed Men’’; (a) FEDERAL RECOGNITION.— on; and (2) in 1722, in the Treaty of Albany, Governor (1) IN GENERAL.—Federal recognition is ex- (2) all civil actions that arise on, Spotswood negotiated to save the Virginia Indi- tended to the Tribe. lands located within the Commonwealth of Vir- ans from extinction at the hands of the Iroquois; (2) APPLICABILITY OF LAWS.—All laws (includ- ginia that are owned by, or held in trust by the (3) specifically mentioned in the negotiations ing regulations) of the United States of general United States for, the Tribe. were the Monacan tribes of the Totero (Tutelo), applicability to Indians or nations, Indian (b) ACCEPTANCE OF STATE JURISDICTION BY Saponi, Ocheneeches (Occaneechi), tribes, or bands of Indians (including the Act of SECRETARY.—The Secretary of the Interior is Stengenocks, and Meipontskys; June 18, 1934 (25 U.S.C. 461 et seq.)) that are not authorized to accept on behalf of the United

VerDate Mar 15 2010 08:46 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00035 Fmt 0688 Sfmt 6333 E:\BR09\H03JN9.001 H03JN9 erowe on DSK5CLS3C1PROD with BOUND RECORD June 3, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 13829 States, after consulting with the Attorney Gen- (21) in 1928, University of Pennsylvania an- Tribe, be considered part of the reservation of eral of the United States, all or any portion of thropologist Frank Speck published a book on the Tribe. the jurisdiction of the Commonwealth of Vir- modern Virginia Indians that included a section (d) GAMING.—The Tribe may not conduct gam- ginia described in subsection (a) upon on the Nansemonds; and ing activities as a matter of claimed inherent verification by the Secretary of a certification (22) the Nansemonds were organized formally, authority or under the authority of any Federal by a tribe that it possesses the capacity to re- with elected officers, in 1984, and later applied law, including the Indian Gaming Regulatory assume such jurisdiction. for and received State recognition. Act (25 U.S.C. 2701 et seq.) or under any regula- TITLE VI—NANSEMOND INDIAN TRIBE SEC. 602. DEFINITIONS. tions thereunder promulgated by the Secretary or the National Indian Gaming Commission. SEC. 601. FINDINGS. In this title: Congress finds that— (1) SECRETARY.—The term ‘‘Secretary’’ means SEC. 607. HUNTING, FISHING, TRAPPING, GATH- ERING, AND WATER RIGHTS. (1) from 1607 until 1646, Nansemond Indians— the Secretary of the Interior. (A) lived approximately 30 miles from James- (2) TRIBAL MEMBER.—The term ‘‘tribal mem- Nothing in this title expands, reduces, or af- town; and ber’’ means— fects in any manner any hunting, fishing, trap- (B) were significantly involved in English-In- (A) an individual who is an enrolled member ping, gathering, or water rights of the Tribe and dian affairs; of the Tribe as of the date of enactment of this members of the Tribe. (2) after 1646, there were 2 sections of Act; and SEC. 608. JURISDICTION OF COMMONWEALTH OF Nansemonds in communication with each other, (B) an individual who has been placed on the VIRGINIA. the Christianized Nansemonds in Norfolk Coun- membership rolls of the Tribe in accordance (a) IN GENERAL.—The Commonwealth of Vir- ty, who lived as citizens, and the traditionalist with this title. ginia shall exercise jurisdiction over— Nansemonds, who lived further west; (3) TRIBE.—The term ‘‘Tribe’’ means the (1) all criminal offenses that are committed (3) in 1638, according to an entry in a 17th Nansemond Indian Tribe. on; and century sermon book still owned by the Chief’s SEC. 603. FEDERAL RECOGNITION. (2) all civil actions that arise on, family, a Norfolk County Englishman married a (a) FEDERAL RECOGNITION.— lands located within the Commonwealth of Vir- Nansemond woman; (1) IN GENERAL.—Federal recognition is ex- ginia that are owned by, or held in trust by the (4) that man and woman are lineal ancestors tended to the Tribe. United States for, the Tribe. of all of members of the Nansemond Indian tribe (2) APPLICABILITY OF LAWS.—All laws (includ- (b) ACCEPTANCE OF STATE JURISDICTION BY alive as of the date of enactment of this Act, as ing regulations) of the United States of general SECRETARY.—The Secretary of the Interior is are some of the traditionalist Nansemonds; applicability to Indians or nations, Indian authorized to accept on behalf of the United (5) in 1669, the 2 Nansemond sections ap- tribes, or bands of Indians (including the Act of States, after consulting with the Attorney Gen- peared in Virginia Colony’s census of Indian June 18, 1934 (25 U.S.C. 461 et seq.)) that are not eral of the United States, all or any portion of bowmen; inconsistent with this title shall be applicable to the jurisdiction of the Commonwealth of Vir- (6) in 1677, Nansemond Indians were signato- the Tribe and tribal members. ginia described in subsection (a) upon ries to the Treaty of 1677 with the King of Eng- (b) FEDERAL SERVICES AND BENEFITS.— verification by the Secretary of a certification land; (1) IN GENERAL.—On and after the date of en- by a tribe that it possesses the capacity to re- (7) in 1700 and 1704, the Nansemonds and actment of this Act, the Tribe and tribal mem- assume such jurisdiction. other Virginia Indian tribes were prevented by bers shall be eligible for all services and benefits The CHAIR. No amendment to the Virginia Colony from making a separate peace provided by the Federal Government to federally committee amendment is in order ex- with the Iroquois; recognized Indian tribes without regard to the cept those printed in House Report 111– (8) Virginia represented those Indian tribes in existence of a reservation for the Tribe. 131. Each amendment may be offered the final Treaty of Albany, 1722; (2) SERVICE AREA.—For the purpose of the de- (9) in 1711, a Nansemond boy attended the In- livery of Federal services to tribal members, the only in the order printed in the report, dian School at the College of William and Mary; service area of the Tribe shall be considered to by a Member designated in the report, (10) in 1727, Norfolk County granted William be the area comprised of the cities of Chesa- shall be considered read, shall be de- Bass and his kinsmen the ‘‘Indian privileges’’ of peake, Hampton, Newport News, Norfolk, Ports- batable for the time specified in the re- clearing swamp land and bearing arms (which mouth, Suffolk, and Virginia Beach, Virginia. port, equally divided and controlled by privileges were forbidden to other nonwhites) SEC. 604. MEMBERSHIP; GOVERNING DOCU- the proponent and an opponent of the because of their Nansemond ancestry, which MENTS. amendment, shall not be subject to meant that Bass and his kinsmen were original The membership roll and governing documents inhabitants of that land; amendment, and shall not be subject to of the Tribe shall be the most recent membership demand for division of the question. (11) in 1742, Norfolk County issued a certifi- roll and governing documents, respectively, sub- cate of Nansemond descent to William Bass; mitted by the Tribe to the Secretary before the AMENDMENT NO. 1 OFFERED BY MR. GOODLATTE (12) from the 1740s to the 1790s, the tradition- date of enactment of this Act. The CHAIR. It is now in order to con- alist section of the Nansemond tribe, 40 miles SEC. 605. GOVERNING BODY. sider amendment No. 1 printed in west of the Christianized Nansemonds, was The governing body of the Tribe shall be— dealing with reservation land; House Report 111–131. (13) the last surviving members of that section (1) the governing body of the Tribe in place as Mr. GOODLATTE. I offer an amend- sold out in 1792 with the permission of the Com- of the date of enactment of this Act; or ment. monwealth of Virginia; (2) any subsequent governing body elected in The CHAIR. The Clerk will designate (14) in 1797, Norfolk County issued a certifi- accordance with the election procedures speci- the amendment. fied in the governing documents of the Tribe. cate stating that William Bass was of Indian The text of the amendment is as fol- and English descent, and that his Indian line of SEC. 606. RESERVATION OF THE TRIBE. lows: ancestry ran directly back to the early 18th cen- (a) IN GENERAL.—Upon the request of the tury elder in a traditionalist section of Tribe, the Secretary of the Interior— Amendment No. 1 offered by Mr. GOOD- Nansemonds on the reservation; (1) shall take into trust for the benefit of the LATTE: (15) in 1833, Virginia enacted a law enabling Tribe any land held in fee by the Tribe that was At the end of the bill, add the following people of European and Indian descent to ob- acquired by the Tribe on or before January 1, new title: tain a special certificate of ancestry; 2007, if such lands are located within the bound- TITLE VII—EMINENT DOMAIN (16) the law originated from the county in aries of the city of Suffolk, the city of Chesa- SEC. 701. LIMITATION. which Nansemonds lived, and mostly peake, or Isle of Wight County, Virginia; and Eminent domain may not be used to ac- Nansemonds, with a few people from other (2) may take into trust for the benefit of the quire lands in fee or in trust for an Indian counties, took advantage of the new law; Tribe any land held in fee by the Tribe, if such tribe recognized under this Act. (17) a Methodist mission established around lands are located within the boundaries of the 1850 for Nansemonds is currently a standard city of Suffolk, the city of Chesapeake, or Isle of The CHAIR. Pursuant to House Reso- Methodist congregation with Nansemond mem- Wight County, Virginia. lution 490, the gentleman from Virginia bers; (b) DEADLINE FOR DETERMINATION.—The Sec- (Mr. GOODLATTE) and a Member op- (18) in 1901, Smithsonian anthropologist James retary shall make a final written determination posed each will control 5 minutes. Mooney— not later than three years of the date which the The Chair recognizes the gentleman (A) visited the Nansemonds; and Tribe submits a request for land to be taken into from Virginia. (B) completed a tribal census that counted 61 trust under subsection (a)(2) and shall imme- Mr. GOODLATTE. Mr. Chairman, I households and was later published; diately make that determination available to the (19) in 1922, Nansemonds were given a special Tribe. rise today to offer an amendment to Indian school in the segregated school system of (c) RESERVATION STATUS.—Any land taken H.R. 1385, the Thomasina E. Jordan In- Norfolk County; into trust for the benefit of the Tribe pursuant dian Tribes of Virginia Federal Rec- (20) the school survived only a few years; to this paragraph shall, upon request of the ognition Act. Given that this bill could

VerDate Mar 15 2010 08:46 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR09\H03JN9.001 H03JN9 erowe on DSK5CLS3C1PROD with BOUND RECORD 13830 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 June 3, 2009 dramatically change localities in Vir- ginia’’ on line 4 and insert ‘‘Amherst County, The Acting CHAIR. The gentleman ginia, I am offering an amendment to Virginia’’. from Virginia is recognized for 5 min- provide an additional protection for Page 51, line 7, strike ‘‘Albermarle’’ and all utes. private property. This amendment that follows through ‘‘Virginia’’ on line 10 Mr. MORAN of Virginia. Madam and insert ‘‘Amherst County, Virginia’’. would ensure that no use of eminent Chairman, first of all, this land was the domain could be used to acquire pri- The Acting CHAIR. Pursuant to Indians’ land. The Monacan tribe vate property to transfer it to the House Resolution 490, the gentleman owned much of this land. It was taken tribes. This would ensure that lands from Virginia (Mr. GOODLATTE) and a from them. are not taken out of current private Member opposed each will control 5 Now, in terms of the counties that use for the sole purpose of expanding minutes. my friend, Mr. GOODLATTE, has in- tribal lands and ensure some protec- The Chair recognizes the gentleman cluded, there is no land currently that tion for private residents and local- from Virginia. would be placed in trust. All they want ities. The bill greatly expands the con- Mr. GOODLATTE. Madam Chairman, is the ability to place land in trust be- gressionally recommended areas in I have always supported granting these cause of the recent Supreme Court de- which tribes can acquire lands for their six Virginia tribes Federal recognition, cision that said that the Secretary of trust. Given that this is a great expan- and I am extremely happy that that the Interior does not have discretion to sion in comparison to versions of this bill has included language that seeks do this. bill introduced in previous Congresses, to prevent casino-style gaming in the Now, this Supreme Court decision I believe that it is necessary and appro- Commonwealth of Virginia. However, I just occurred in February, so it’s a brand new context in which these priate to provide this level of protec- was troubled to learn of a change that things are dealt with. If it had not been tion. I hope my colleagues will join me was made to the bill without notifica- for the Supreme Court decision, these in supporting this amendment. tion to any of the local communities additional counties would not have Mr. RAHALL. Would the gentleman that would be affected. been added. But they’re added in case yield? In the section dealing with the Mona- people in those counties who are under- Mr. GOODLATTE. I will be happy to can Indian Tribe, the area that the standing of the plight of the Monacan yield. tribe could have placed in trust for Indians chose to provide land to them. Mr. RAHALL. I appreciate the gen- their reservation grew from one county We don’t know that that’s even going tleman yielding. to seven. Originally, it was an area of to occur. There is only one very small Under existing law, as the gentleman approximately 479 square miles, and parcel of land that the Monacan tribe knows, and under this legislation, the now it’s an area of approximately 3,728 is aware of that it would receive from Interior Secretary may place land square miles. a current landowner in Rockbridge owned by an Indian tribe into trust as What is even more disturbing to me is that none of these new localities County. part of a tribe’s reservation. Eminent Now, the Indian tribes have com- domain does not enter the picture. knew that they would be part of an area in which the tribes could acquire promised so much for so long, I think Indeed, the pending legislation states that they would compromise again if for each of the six tribes involved that lands. My office only discovered it once the bill was scheduled for floor consid- necessary. But to deny them this one the Secretary may take into trust small plot of land that’s relatively iso- ‘‘any land held in fee by the tribe that eration. This bill could dramatically affect lated, it’s certainly a long ways from was acquired by the tribe.’’ Considering Interstate 81 or any main highway, it that neither the Interior Secretary or, these counties. If tribal lands were es- tablished in these counties, it could doesn’t seem to me fair. for that matter, these tribes, made So if the gentleman was willing to mean the localities would lose all con- eminent domain authority, the gentle- accommodate that land in Rockbridge trol of the lands that were placed in man’s amendment is chasing a problem County, maybe, once again, the Indian trust in them. We would no longer be that does not exist. But having said tribes would agree to compromise and in control of zoning, environmental re- that, if it makes the gentleman from preclude the other counties included in views, and these localities could no Virginia feel better, and if it makes Mr. GOODLATTE’s amendment. him more comfortable with this bill, longer collect tax revenues from these I will reserve the balance of my time. and since it does pose no harm, I will lands. These are serious concerns and Mr. GOODLATTE. Madam Chairman, accept the amendment. could greatly impact operations of the I yield myself such time as I may con- counties. b 1400 sume to say the gentleman’s points are The fact that the bill would establish well taken. We certainly understand Mr. GOODLATTE. Reclaiming my tribal land in these counties is a total the concerns of the tribe and the inter- time, the chairman makes me feel a lot surprise to these jurisdictions. They ests of the individual who owns the better, and I’m pleased that he will ac- have not had a sufficient opportunity land in Rockbridge County that would cept my amendment. to discuss and study how such a change like to have it taken into trust. I yield back the balance of my time. would affect them. My concern, of course, is that this The Acting CHAIR (Ms. BALDWIN). The addition of these new counties is has happened at a late hour and, as you The question is on the amendment of- also a total surprise to me and the know, we’ve been scrambling to figure fered by the gentleman from Virginia counties involved, and they should be out exactly what that land is. We now (Mr. GOODLATTE). removed from this bill. I’ve also spoken think we have a reasonably good defi- The amendment was agreed to. to my colleagues, TOM PERRIELLO and nition of it, and subject to the approval AMENDMENT NO. 2 OFFERED BY MR. GOODLATTE RICK BOUCHER of the Fifth and Ninth of the local government, I think that The Acting CHAIR. It is now in order Congressional Districts, who also rep- we could agree on language. And if the to consider amendment No. 2 printed in resent these newly added counties, and chairman and the ranking member, or House Report 111–131. they also support this amendment. other Members for that matter, do not Mr. GOODLATTE. Madam Chair, I These communities should have the object, I would be prepared to make a have an amendment at the desk. right to know how these changes will unanimous consent request. The Acting CHAIR. The Clerk will affect them as far as this legislation is The Acting CHAIR. The Chair would designate the amendment. concerned and the far-reaching con- inquire whether the gentleman is sub- The text of the amendment is as fol- sequences that could permanently mitting a modification. lows: change central Virginia. Mr. GOODLATTE. I am. I am asking Amendment No. 2 offered by Mr. GOOD- I reserve the balance of my time. unanimous consent to submit a modi- LATTE: Mr. MORAN of Virginia. I rise to fication. Page 51, beginning on line 1, strike ‘‘Albe- claim the time in opposition to the The Acting CHAIR. The Clerk will re- marle’’ and all that follows through ‘‘Vir- amendment. port the modification.

VerDate Mar 15 2010 08:46 Sep 12, 2011 Jkt 059102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR09\H03JN9.001 H03JN9 erowe on DSK5CLS3C1PROD with BOUND RECORD June 3, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 10 13831 The Clerk read as follows: gentleman’s language might be more Is a separate vote demanded on any Modification to amendment No. 2 offered confusing. amendment to the amendment re- by Mr. GOODLATTE: Mr. MORAN of Virginia. By the same ported from the Committee of the In lieu of the matter proposed to be in- token, unless disapproved within 180 Whole? If not, the question is on the serted, insert the following: days of passage, because your argu- amendment. Page 51, beginning on line 1, strike ment applies just as well. The amendment was agreed to. ‘‘Albermarle’’ and all that follows through Mr. GOODLATTE. If the gentleman ‘‘Virginia’’ on line 4 and insert ‘‘Amherst The SPEAKER pro tempore. The County, Virginia’’ would yield, I don’t think the gen- question is on the engrossment and Page 51, beginning on line 7, strike tleman is going down the right track third reading of the bill. ‘‘Albermarle’’ and all that follows through because the gentleman who owns this The bill was ordered to be engrossed ‘‘Virginia’’ on line 10 and insert ‘‘Amherst land is still living, and it’s my under- and read a third time, was read the County, Virginia, and those parcels in standing that he’s going to convey the third time, and passed, and a motion to Rockbridge County, Virginia (subject to the land in a testamentary document, and consent of the local unit of government), reconsider was laid on the table. therefore, to try to set a date for the The SPEAKER pro tempore (Ms. owned by Mr. J. Poole, described as East 731 action by the board seems to me to be BALDWIN). Without objection, the title Sandbridge (encompassing approximately trying to put the cart before the horse. 4.74 acres) and East 731 (encompassing ap- of H.R. 1385 is amended to read as fol- I believe that I must insist, myself, on proximately 5.12 acres)) .’’. lows: my own unanimous consent request. The Acting CHAIR. Is there objection Mr. MORAN of Virginia. The gen- To extend Federal recognition to the to the modification? tleman makes a legitimate point, and I Chickahominy Indian Tribe, the Chicka- Mr. MORAN of Virginia. Reserving will withdraw my reservation. hominy Indian Tribe—Eastern Division, the Upper Mattaponi Tribe, the Rappahannock the right to object, my concern with The Acting CHAIR. Without objec- this modification is only one; not the Tribe Inc., the Monacan Indian Nation, and tion, the amendment is modified. the Nansemond Indian Tribe. specificity of the modifying amend- There was no objection. ment, but it’s subject to the approval The Acting CHAIR. The Chair recog- f of Rockbridge County. What does that nizes the gentleman from Virginia (Mr. b 1415 mean? Does there have to be some for- GOODLATTE). mal legislation passed by Rockbridge Mr. GOODLATTE. Madam Chairman, GENERAL LEAVE County? Is it the County Board? Do with that modification, I would urge Mr. RAHALL. Madam Speaker, I ask they have to pass formal legislation my colleagues to support the amend- unanimous consent that all Members and by when? ment. And I do believe that this is a may have 5 legislative days to revise I would be fine with it up to the ap- good and effective way to address the and extend their remarks and include proval part, but I don’t know what the concerns that I raise and were raised extraneous material on H.R. 31. approval part constitutes. by Congressman PERRIELLO and Con- The SPEAKER pro tempore (Ms. Mr. GOODLATTE. If the gentleman gressman BOUCHER in my conversations BALDWIN). Is there objection to the re- would yield, the consent of the local with them and my staffs conversations quest of the gentleman from West Vir- unit of government, to me, would mean with their staffs about the impact that ginia? the approval of the Rockbridge County this could have on these particular lo- There was no objection. calities. And, therefore, I would ask my Board of Supervisors by way of an ordi- f nance or some other measure that they colleagues to support the amendment, would pass, a resolution, approving the as modified. LUMBEE RECOGNITION ACT action taken. If the gentleman has I yield back the balance of my time. Mr. RAHALL. Madam Speaker, pur- The Acting CHAIR. The question is some perfecting language, I’m cer- suant to House Resolution 490, I call up on the amendment offered by the gen- tainly willing to consider it. the bill (H.R. 31) to provide for the rec- tleman from Virginia (Mr. GOODLATTE), Mr. MORAN of Virginia. Would the ognition of the Lumbee Tribe of North as modified. gentleman accept language that said, Carolina, and for other purposes, and ‘‘unless disapproved by the Rockbridge The amendment, as modified, was agreed to. ask for its immediate consideration in County government’’? the House. In other words, I hate to have it so The Acting CHAIR. The question is on the committee amendment in the The Clerk read the title of the bill. that the Rockbridge County govern- nature of a substitute, as amended. The SPEAKER pro tempore. Pursu- ment can just decide to sit on this in- The committee amendment in the ant to House Resolution 490, the definitely. But if they specifically, nature of a substitute, as amended, was amendment in the nature of a sub- through their County Board, dis- agreed to. stitute printed in the bill is adopted approved it, then I guess that would be The Acting CHAIR. Under the rule, and the bill, as amended, is considered acceptable. But I don’t want to give the Committee rises. read. the kind of leverage where inaction Accordingly, the Committee rose; The text of the bill, as amended, is as might preclude this from occurring. and the Speaker pro tempore (Mr. follows: Mr. GOODLATTE. Well, if the gen- DOYLE) having assumed the chair, Ms. H.R. 31 tleman would yield further, I take the BALDWIN, Acting Chair of the Com- gentleman’s point. However, by the Be it enacted by the Senate and House of Rep- mittee of the Whole House on the State resentatives of the United States of America in same token, we would have to have of the Union, reported that that Com- Congress assembled, some kind of a date by which they mittee, having had under consideration SECTION 1. SHORT TITLE. would have to act in disapproval, be- the bill (H.R. 1385) to extend Federal This Act may be cited as the ‘‘Lumbee Rec- cause otherwise they could disapprove recognition to the Chickahominy In- ognition Act’’. some time well into the future. So I dian Tribe, the Chickahominy Indian SEC. 2. PREAMBLE. think that the appropriate step here Tribe-Eastern Division, the Upper The preamble to the Act of June 7, 1956 (70 would be to adopt this amendment Mattaponi Tribe, the Rappahannock Stat. 254), is amended as follows: with the unanimous consent modifica- Tribe, Inc., the Monacan Indian Na- (1) By striking ‘‘and’’ at the end of each tion, if no one objects to that, and then tion, and the Nansemond Indian Tribe, clause. the tribe would then proceed to go to pursuant to House Resolution 490, she (2) By striking ‘‘: Now, therefore,’’ at the end the Rockbridge County Board of Super- reported the bill back to the House of the last clause and inserting a semicolon. visors and ask them to approve this. If (3) By adding at the end the following new with an amendment adopted by the clauses: they refuse to approve it, they would Committee of the Whole. ‘‘Whereas the Lumbee Indians of Robeson and still have the opportunity to come The SPEAKER pro tempore. Under adjoining counties in North Carolina are de- back in the future and ask them for ap- the rule, the previous question is or- scendants of coastal North Carolina Indian proval at a later date. Whereas, the dered. tribes, principally Cheraw, and have remained a

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