Thomasina E. Jordan Indian Tribes Of Virginia Federal Recognition Act Of 2009
I yield myself as much time as I may consume. Mr. Chairman, I rise in opposition to H.R. 1385, but not for the reason for which this legislation is intended to point out or to create but, rather, for reasons that I will outline in my…
I yield myself as much time as I may consume.
Mr. Chairman, I rise in opposition to H.R. 1385, but not for the reason for which this legislation is intended to point out or to create but, rather, for reasons that I will outline in my remarks here this morning.
In the last Congress, a nearly identical bill passed the House by voice vote. I do not expect to change anyone's mind, and I believe that the results will probably be the same as the last vote we had in the last Congress, but I must highlight serious shortcomings with this bill that should cause Members to reconsider their positions.
First, the House has not acquired sufficient evidence to justify extending Federal recognition to the six Virginia tribes identified in this bill. In the committee hearing on H.R. 1385, we heard a lot of testimony from witnesses for the six tribes, from the Governor of Virginia, from a historian, and from the Department of the Interior. All provided interesting and often passionate statements.
Although the Department provided no position on the bill, the Department's witnesses did remark that all six groups have petitioned for recognition with the Bureau of Indian Affairs, but none of the six tribes have completed the process within the Bureau of Indian Affairs.
If the Department lacks completely documented petitions, then how can we be sure that we in Congress have enough information about these six tribes?
None of the witnesses explained why the six Virginia tribes should be recognized before all of the other tribes whose recognition petitions are within and are lingering within the Bureau of Indian Affairs. About nine of these groups have completed their petitions. In this respect, Mr. Chairman, they are more prepared for a final determination than the Virginia tribes with which this bill deals.
H.R. 1385 contains ample lists of congressional findings about the history of these six groups, but there is no requirement to verify that members of these tribes can trace descendants to historic Virginia tribes. This is a basic standard that the House must observe if it wants to ensure the integrity of tribal recognition. If the House is not prepared to take additional time to study this, then we should ask the Secretary to study it and to provide us with the answers.
The committee held no field hearings in Virginia to learn more about the tribes on their home turf. It has relatively little information from county officials and from private individuals who might be interested in tribal recognition and what it means to them. This is a State without a history of recognized tribes, unless you reach back to the colonial era, and Virginia presently has no Indian trust lands. We simply do not know if there are any counties or private individuals in affected areas who fully understand that placing land in trust removes property from the tax rolls and from State and municipal jurisdictions.
On this note, the Rules Committee made in order an amendment by the gentleman from Virginia (Mr. Goodlatte) to remove some counties from the bill. This suggests to me the majority is beginning to understand that counties in Virginia are just now becoming more informed on what this bill means.
So, Mr. Chairman, prudence dictates that we put this bill on hold until these issues are vetted. If the House recognizes new tribes and acquires lands in trust for them without thoroughly examining the views of the jurisdiction where the lands are located, we potentially risk creating local problems. This is going to hamper our efforts to resolve land-in-trust controversies occurring elsewhere in the United States.
Such controversies, Mr. Chairman, do occur. We have a huge one to deal with right now. In February, the Supreme Court, in Carcieri v. Salazar, held the Department of the Interior has no authority to acquire lands in trust for any tribe recognized after 1934 unless there is a specific act of Congress authorizing it. This is a major decision that has, frankly, Mr. Chairman, shaken Indian Country, and it is a case that has caught the attention of Governors, attorneys general, and county leaders around the country. The committee has held one hearing on the subject, and I am hopeful that there will be more.
Virginia's tribes are directly affected by this decision because they were not recognized in 1934. Thus, anything done with H.R. 1385 could set a precedent for resolving the Carcieri issue. Under H.R. 1385, lands placed in trust for the Virginia tribes will be secure. Meanwhile, lands held in trust or proposed for trust status for others may not be secure. This kind of inconsistency in Federal Indian policy helped fuel the controversy that led to the Supreme Court's Carcieri in the first place.
If the solution to Carcieri is to deal with each and every post-1934 tribe's trust land application separately in Congress, then H.R. 1385 might be appropriate. If the solution is to provide the Secretary of the Interior with the appropriate authority to acquire lands in trust, then H.R. 1385 is not appropriate.
So, while the committee has held a hearing on Carcieri, there seems to be no consensus on how to resolve it. We have received no testimony from the Department, and none of the tribes, States or other concerned interests have had an opportunity to testify in the committee as of the time the report for H.R. 1385 was filed. It would be wise then, Mr. Chairman, to postpone floor action on any recognition bills until the committee acquires a better understanding of the impacts of Carcieri and what to do about it.
With that, Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I am pleased to yield 5 minutes to the gentleman from Virginia (Mr. Wolf).
(Mr. WOLF asked and was given permission to revise and extend his remarks.)
I am pleased to yield 3 minutes to the gentleman from Virginia (Mr. Wittman).
Mr. Chairman, I yield myself as much time as I may consume.
The gentleman from Northern Virginia (Mr. Moran) made an observation about the paper genocide issue, and I have to say that every member at the committee hearing that attended that hearing and heard the testimony on H.R. 1385 were, frankly, shocked and saddened and dismayed that, in fact, this sort of action went on in Virginia, how they treated the Indian people in the 20th century. I think that goes without saying. But I do want to point out, Mr. Chairman, for the record that there was a career employee of the Bureau of Indian Affairs who heads up the Office of Federal Acknowledgement that had a different view, and I just at least want to put that on the record as we debate this issue.
He said, ``Records in Virginia do exist, and they were not destroyed. The vital records of birth, marriage, divorce, death and probate, they are in the record. Not only are they in the hands of the individuals to whom they pertain, but they are available at the local registrar level and State registrar level.'' He went on, continuing to quote, ``In preparation for this hearing, I wanted to reach into what evidence was submitted on behalf of the Virginia groups, and in 2001 this was the material that we received. And one of the group's materials were copies of vital records that were not destroyed.''
So this BIA witness went on to describe how these documents identified the persons and Indians. So it appears that there are records in Virginia, notwithstanding the fact that the State of Virginia went through this process in the last century.
So, Mr. Chairman, I just wanted to point that out that in the committee hearing we did hear testimony that at least in part disputed the issue of paper genocide. I wanted to make that observation in the debate today.
With that, I reserve the balance of my time.
Mr. Chairman, I reserve my time.
Mr. Chairman, I advised my friend, I have no further speakers. But I just want to take a moment here to close beforehand.
So with that I yield myself the balance of the time.
I think what has been demonstrated on the floor here is the passion surrounding this issue. And I can certainly understand that passion, especially with the history, particularly here in the eastern part of the United States. And I don't expect that my opposition or my arguments are going to change the outcome of the votes, as I mentioned in my opening remarks. But as I mentioned in my opening remarks, because of the Carcieri decision, I think it is important for us to set at least some guidelines as to what process we in Congress, who have the constitutional right, by the way, to recognize tribes, at least to have a set of criteria that we should look at. And one of them ought to be at least some verification at the minimal.
I know that at the Bureau of Indian Affairs, and admittedly this is regulatory, there are seven or eight steps that certainly make sense. A lot of tribes have gone through that process. So I understand the passion. I respect the passion and the work that has been done on this. But for the reasons I outlined, more of a process reason than anything else, I urge my colleagues to vote against this legislation.
And with that, I yield back my time.