Thomasina E. Jordan Indian Tribes Of Virginia Federal Recognition Act Of 2009
Thank you very much, Chairman Rahall. And I thank my colleagues Mr. Wolf and Mr. Scott. I understand Mr. Wolf's original reluctance to originally agree with the bill, but we have put in language that I understand is now acceptable to Mr.…
Thank you very much, Chairman Rahall. And I thank my colleagues Mr. Wolf and Mr. Scott. I understand Mr. Wolf's original reluctance to originally agree with the bill, but we have put in language that I understand is now acceptable to Mr. Wolf. Mr. Wolf genuinely was concerned about the possibility of casino gambling in Virginia. The language in this bill addresses that satisfactorily to Mr. Wolf. So I would hope that others who have previously opposed this legislation would follow Mr. Wolf's leadership and support it. We are having some discussions on a very small piece of land with Mr. Goodlatte, another colleague from Virginia, and I trust we can work that out.
These six Indian tribes have sacrificed a great deal and have undergone quite an amount of demeaning treatment over generations. This is the right thing to do. We don't do this very often in the Congress of the United States, but this is a unique situation. These are the Indian tribes that enabled the first English settlers to survive in the colonies. We have right here in the Dome of the Capitol John Gadsby Chapman's dramatic painting of Pocahontas' baptism. That commemorates a landmark historic event, but it is connected to what happened 400 years ago when these Indians enabled the English settlers to survive, and eventually it led to Virginia being one of the original 13 colonies. We know the situation today, but what we do not know is the history of the Indian tribes that enabled the English settlers to survive on this continent. They have been very badly treated. And, in fact, even though they have a treaty signed with King Charles II in 1677, in the early part of the 20th century, the Commonwealth of Virginia conducted what was called a paper genocide. They made it illegal to be an American Indian in Virginia. They went into the courthouses and destroyed the birth records and everything they could relating to the legitimacy of these Indian tribes, even though everyone knew that they did actually exist. This was a time of severe racism, a time that we are very shamed by. But these Indian tribes never gave up their pride or their stature.
I thank my good friend, Chairman Rahall from West Virginia, who has been tremendous in supporting this legislation.
To go back to the history behind this bill, this is so much a matter of pride and the restoration of justice. They survived even though they were denied employment and were denied educational opportunities. The only people who provided it were Christian missionaries. They oppose gambling. They don't even take advantage of the opportunity to have bingo games, which other nonprofits do in their vicinity, because they don't think it's the right thing. So I don't think that's any kind of a threat. Every other objection that has been raised I think has been adequately and fully addressed.
These are good people, and they have been subjected to a great deal that was unjust. We should have done this by the 400th anniversary of Jamestown, but today we are about to do so two years later.
Now there was a Supreme Court decision just a few months ago in February, and that Supreme Court decision said that the Secretary of the Interior no longer has unilateral discretion to determine what lands can be put in trust. That's why some additional lands and counties were included in this bill in case there is land that would be given to these Indian tribes in the future. They are willing to compromise on this, to give up virtually all of that potential territory. They're left with very little land and very few rights. The laws of Virginia would apply on this land. They are not allowed to engage in gambling like other Indian tribes. This is a part of a list of compromises they have made. They've made all of these compromises because it is important to them that their children, grandchildren and great grandchildren recognize that these are Native American people deserving of our utmost respect. They are people who deserve to be able to hold their chins up in pride for what they meant to this country.
I strongly urge support of this legislation. It's overdue.
Mr. Chairman, I know it is against the rules of the House to address anyone but the Speaker.
If it were allowed, I would want to address the 2,500 or so members of the six Virginia tribes seeking Federal recognition.
I would say that I know their quest to assert their identity and their rights has been a long struggle.
Despite centuries of racial hostility and coercion by the Commonwealth of Virginia and others, they have refused to yield their most basic human right and have suffered and lost much.
But, throughout the centuries they have retained their dignity and supported their people.
When it appeared that no one else would, when little was available, when even the doors of public school house were closed to their children, they have never yielded to those who said they didn't exist.
Mr. Chairman, I would say to the Virginia tribes; win or lose today, you have already won by refusing to yield and by remaining true and faithful to who you are.
I would also say that it has been an honor for me to have helped carry this legislation.
While it is less than ideal, it moves you closer to the day our national government recognizes your existence.
Mr. Chairman, as Members of this chamber know, the crafting of congressional legislation is far from a perfect process. But, when it speaks, it speaks with the people's voice.
Today, I encourage my colleagues to speak and finally affirm that the Virginia tribes exist and deserve Federal recognition.
I thank my good friend and outstanding chairman of the Natural Resources Committee.
I know the House leadership and Chairman Rahall are undertaking some risk in having scheduled this legislation because this type of legislation is invariably controversial. But Congress' past reluctance to grant Federal recognition and the demeaning and dysfunctional acknowledgement process at the Bureau of Indian Affairs has served to compound a grave injustice that this legislation will redress.
The Virginia tribes identified in this legislation, as I mentioned earlier, are the direct descendants of the tribes that greeted and ensured the survival of the first permanent English colony in the New World.
Almost exactly 2 years ago to this day, we marked the 400th anniversary of the founding of Jamestown. It was an event important enough to bring Queen Elizabeth across the Atlantic to commemorate.
While the 1607 settlement succeeded and laid the English claim and foundation for the original 13 colonies, history has not been very kind to Virginia's Native Americans of the great Powhatan Confederacy who greeted the English and provided food and assistance to ensure their initial survival.
Few are aware today that the direct descendants of the Native Americans who met these settlers are with us today. And in fact, some are in the Chamber watching. And they are still awaiting their due recognition by our Federal Government. This is the opportunity to correct this grave wrong.
This bill, at long last, is named after Thomasina E. Jordan, who fought in such a committed way to get this recognition once she realized the history of discrimination that necessitated it. It grants recognition to the six Indian tribes in Virginia, and I would like to name them: the Chickahominy, the Eastern Chickahominy, the Upper Mattaponi, the Rappahannock, the Monacan and the Nansemond. The Commonwealth of Virginia recognized all six tribes in the 1980s. It is now time for the Federal Government, by this act of the U.S. Congress, to do the same.
Like most Native Americans, the Virginia tribes welcomed Western settlers but quickly became subdued. The settlers had guns, and Indians had bows and arrows. They were pushed off their land, and up through much of the 20th century, denied any rights as U.S. citizens.
Despite their devastating loss of land and population, the Virginia Indians survived centuries of racial hostility and coercive State and State-sanctioned actions that tried to eradicate their heritage and cultural identity.
The history of Virginia tribes is unique in two important ways that are relevant to why this bill is on the House floor today. The first explains why the Virginia tribes were never recognized by the Federal Government. The second explains why congressional action is absolutely needed. The first circumstance is that unlike most tribes that resisted encroachment and obtained Federal recognition when they signed peace treaties with the Federal Government, Virginia's tribes signed their peace treaties with the kings of England.
Most notable among these was the Treaty of 1677 between these tribes and Charles II that is still observed by Virginia every year when the Governor accepts tribute. I was there with Mr. Scott just this year. Governor Kaine accepted a deer that was brought by the tribes. And it is a ceremony that has been observed for 331 years. It is the longest celebrated treaty in the United States today.
Now the second unique circumstance for the Virginia tribes is what they experienced in the hands of the State government during the first half of the 20th century that Mr. Hastings has alluded to. It is called a ``paper genocide.'' At a time when the Federal Government granted Native Americans the right to vote, Virginia's elected officials adopted racially hostile laws targeted at those classes of people who did not fit into the dominant white society.
These actions culminated with the Racial Integrity Act of 1924 that targeted Native Americans and sought to deny them their identity. The act empowered zealots, like Dr. Walter Plecker. He was in charge of the Bureau of Records at the State and he destroyed all the State and local courthouse records and reclassified, in Orwellian fashion, all nonwhites in the words of the day as ``colored.''
It targeted Native Americans and sought to deny them their identity. Calling yourself a ``Native American'' in Virginia risked a jail sentence of 1 year. For up to 50 years, State officials waged a war to destroy all public and private records that affirmed the existence of Native Americans in Virginia. That law remained in effect until it was struck down in the Federal courts in 1967.
All six tribes have filed petitions with the Bureau of Acknowledgement seeking Federal recognition. But it is a heavy burden. They have been told it won't happen in their lifetime. The acknowledgement process is expensive. It is subject to unreasonable delays. It lacks dignity. We ought to address that separately. But Virginia's history of this paper genocide only further complicates these tribes' quest for Federal recognition, making it difficult to furnish corroborating State and official documents. They can't really prove it because the documents were destroyed.
I thank my good friend. So here they are told to prove their existence, and yet the State government destroyed the proof of their existence, again aggravating an injustice that had already been visited upon these people. The only people who cared about them were Christian missionaries who allowed them to get some education. But they were denied employment for much of their history in the 20th century in Virginia.
We are rectifying this wrong today. And in light of the 400th anniversary of Jamestown, we will bring closure to this national injustice. There is no doubt that these tribes have existed on a continuous basis since before the first Western European settlers set foot in America, and they are here with us today.
I know there is great resistance from Congress to grant any American tribe Federal recognition. And I can appreciate how the issue of gambling and its economic and moral dimension influence many Members' perspectives in tribal recognition issues.
The Virginia tribes have agreed to forgo gaming. An amendment offered by Congressman Duncan offered last session was approved by the Natural Resources Committee. That is in this bill before us. It prohibits these tribes from gaming under Federal law even if one day the State were to reverse course and set up gambling casinos in the State. The State can have gambling casinos. These Indians cannot. Go figure. But that is the way the legislation reads.
The Virginia tribes, under the bill being considered today, could not engage in gambling on their sovereign lands. The Virginia tribes are also prepared to grant Virginia full civil and criminal jurisdiction over any future reservation lands until such time as the Secretary of the Interior and the U.S. Attorney General agree that they have developed an acceptable alternative judicial framework that the Federal Government can honor.
Mr. Chairman, these tribes recognize that the legislative route to recognition is a very imperfect process and that compromise is a necessary ingredient. That compromise and that balance have now been struck. Now is the time to pass this legislation. Failure to do so would unravel the progress we have made and lose this time in history for these tribes to finally gain Federal recognition. It would be a setback and an injustice. They have suffered enough injustices. Let's not add another one.
Congress has the power to recognize these tribes. It has exercised these powers in the past. It should exercise this power again for these six tribes. More than 300 of the 562 federally recognized tribes have been recognized by an act of Congress.
I urge my colleagues to support this legislation. We will be doing our part to bring closure to some tragic and unjust acts that have transpired since Englishmen established their first permanent settlement more than 400 years ago in this New World. This is the right thing to do. I trust that Congress will do it today.
I rise to claim the time in opposition to the amendment.
Madam Chairman, first of all, this land was the Indians' land. The Monacan tribe owned much of this land. It was taken from them.
Now, in terms of the counties that my friend, Mr. Goodlatte, has included, there is no land currently that would be placed in trust. All they want is the ability to place land in trust because of the recent Supreme Court decision that said that the Secretary of the Interior does not have discretion to do this.
Now, this Supreme Court decision just occurred in February, so it's a brand new context in which these things are dealt with. If it had not been for the Supreme Court decision, these additional counties would not have been added. But they're added in case people in those counties who are understanding of the plight of the Monacan Indians chose to provide land to them. We don't know that that's even going to occur. There is only one very small parcel of land that the Monacan tribe is aware of that it would receive from a current landowner in Rockbridge County.
Now, the Indian tribes have compromised so much for so long, I think that they would compromise again if necessary. But to deny them this one small plot of land that's relatively isolated, it's certainly a long ways from Interstate 81 or any main highway, it doesn't seem to me fair.
So if the gentleman was willing to accommodate that land in Rockbridge County, maybe, once again, the Indian tribes would agree to compromise and preclude the other counties included in Mr. Goodlatte's amendment.
I will reserve the balance of my time.
Reserving the right to object, my concern with this modification is only one; not the specificity of the modifying amendment, but it's subject to the approval of Rockbridge County. What does that mean? Does there have to be some formal legislation passed by Rockbridge County? Is it the County Board? Do they have to pass formal legislation and by when?
I would be fine with it up to the approval part, but I don't know what the approval part constitutes.
Would the gentleman accept language that said, ``unless disapproved by the Rockbridge County government''?
In other words, I hate to have it so that the Rockbridge County government can just decide to sit on this indefinitely. But if they specifically, through their County Board, disapproved it, then I guess that would be acceptable. But I don't want to give the kind of leverage where inaction might preclude this from occurring.
By the same token, unless disapproved within 180 days of passage, because your argument applies just as well.
The gentleman makes a legitimate point, and I will withdraw my reservation.