    [Senate Hearing 107-921]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 107-921

     THOMASINA E. JORDAN INDIAN TRIBES OF VIRGINIA FEDERAL RECOGNITION ACT

    =======================================================================

                                    HEARING

                                   BEFORE THE

                          COMMITTEE ON INDIAN AFFAIRS
                              UNITED STATES SENATE

                          ONE HUNDRED SEVENTH CONGRESS

                                 SECOND SESSION

                                       ON

                                    S. 2694

         TO EXTEND FEDERAL RECOGNITION TO THE CHICKAHOMINY TRIBE, THE
    CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION, THE UPPER MATTAPONI TRIBE,
      THE RAPPAHANNOCK TRIBE, INC., THE MONACAN TRIBE, AND THE NANSEMOND
                                     TRIBE

                                   __________

                                OCTOBER 9, 2002
                                 WASHINGTON, DC

    84-575              U.S. GOVERNMENT PRINTING OFFICE
                                WASHINGTON : 2003
    ____________________________________________________________________________
    For Sale by the Superintendent of Documents, U.S. Government Printing Office
    Internet: bookstore.gpr.gov  Phone: toll free (866) 512-1800; (202) 512�091800
    Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001

                          COMMITTEE ON INDIAN AFFAIRS

                       DANIEL K. INOUYE, Hawaii, Chairman

                BEN NIGHTHORSE CAMPBELL, Colorado, Vice Chairman

    KENT CONRAD, North Dakota            FRANK MURKOWSKI, Alaska
    HARRY REID, Nevada                   JOHN McCAIN, Arizona,
    DANIEL K. AKAKA, Hawaii              PETE V. DOMENICI, New Mexico
    PAUL WELLSTONE, Minnesota            CRAIG THOMAS, Wyoming
    BYRON L. DORGAN, North Dakota        ORRIN G. HATCH, Utah
    TIM JOHNSON, South Dakota            JAMES M. INHOFE, Oklahoma
    MARIA CANTWELL, Washington

            Patricia M. Zell, Majority Staff Director/Chief Counsel

             Paul Moorehead, Minority Staff Director/Chief Counsel

                                      (ii)

                                C O N T E N T S

                                  ----------
                                                                       Page
    S. 2694, text of.................................................     2
    Statements:
        Adams, Ken, chief, Upper Mattaponi Indian Tribe Indian Tribe
          of Virginia................................................    71
        Adkins, Stephen R., chief, Chickahominy Indian Tribe of
          Virginia...................................................    76
        Allen, Hon. George, U.S. Senator from Virginia...............    54
        Barton, Jonathan M., Virginia Council of Churches............    72
        Campbell, Hon. Ben Nighthorse, U.S. Senator from Colorado,
          vice chairman, Committee on Indian Affairs.................     1
        Fleming, Lee, branch chief, Branch of Acknowledgment and
          Research, Department of the Interior.......................    61
        Inouye, Hon. Daniel K., U.S. Senator from Hawaii, chairman,
          Committee on Indian Affairs................................    53
        Moretti-Langholtz, Danielle, Department of Anthropology,
          College of William and Mary................................    74
        Roundtree, Helen, Professor Emeritus of Anthropology, Old
          Dominion University........................................    82
        Smith, Michael R., Director, Tribal Services, BIA, Department
          of the Interior............................................    61
        Warner, Hon. John, U.S. Senator from Virginia................    58

                                    Appendix

    Prepared statements:
        Adams, Ken...................................................    89
        Barton, Jonathan M. (with attachments).......................    93
        Moran, Hon. James P., U.S. Representative from Virginia......    90
        Moretti-Langholtz, Danielle (with attachments)...............   111
        Smith, Michael R.............................................    91

     THOMASINA E. JORDAN INDIAN TRIBES OF VIRGINIA FEDERAL RECOGNITION ACT

                                  ----------

                           WEDNESDAY, OCTOBER 9, 2002

                                           U.S. Senate,
                                   Committee on Indian Affairs,
                                                        Washington, DC.
        The committee met, pursuant to notice, at 10:03 a.m. in
    room 485, Russell Senate Office Building, Hon. Ben Nighthorse
    Campbell (vice chairman of the committee) presiding.
        Present: Senators Campbell and Inouye.

     STATEMENT OF HON. BEN NIGHTHORSE CAMPBELL, U.S. SENATOR FROM
          COLORADO, VICE CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS

        Senator Campbell. The Senate Committee on Indian Affairs
    will be in session. This morning we will be taking testimony on
    S. 2694, the Thomasina Jordan Indian Tribes of Virginia Federal
    Recognition Act of 2002.
        [Text of S. 2694 follows:]

        Senator Campbell. I see Senator Allen is here. We were just
    doing an introductory statement. You are welcome to join us at
    the dais. Senator Inouye has informed me that he is going to
    have to leave early, so before I make my opening statement, I
    would like to call on the Chairman, if he would like to say a
    few words before he leaves.

     STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM HAWAII,
                 CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS

        The Chairman. I thank the Vice Chairman very much. I have
    to leave shortly for a conference of the Department of Defense
    Appropriations Bill; but I wanted to be here to welcome our
    colleagues from the House, Mr. Moran, and the Virginia
    Delegation of the Senate.
        I want to commend all of you for your support of the bill
    that is before the committee today. I wish to advise all of you
    that I have read the statements, and I believe that you make a
    most compelling case for the Virginia tribes that your bill
    seeks to address.
        I am particularly grateful that you have identified and
    appreciate the difference between Federal recognition and other
    matters for which there are separate processes and distinct
    thresholds that must be met, such as the taking of land in
    trust and the conduct of gaming activities.
        The prepared statement of our colleague from the House,
    Congressman Moran, details the sad and tragic history of the
    Virginia tribes; and ladies and gentlemen, I want to assure you
    that this committee will work with you and the Virginia tribes
    to develop a new chapter in our history books, one of which we
    can all be proud.
        With that, Mr. Chairman, I thank you very much, and I
    regret I must leave.
        Senator Campbell. Thank you, Mr. Chairman.
        This bill was introduced on June 27, 2002 by Senator Allen,
    for himself and Senator Warner. We have the pleasure of having
    Senator Allen here. I understand Senator Warner is on his way,
    but Congressman Moran is also on the Floor voting and may not
    be here.
        This bill would provide legislative recognition to the six
    Indian Groups that are located in the Commonwealth of Virginia.
    The ancestors of the tribes in Virginia were among the first
    Native peoples of the Americas to encounter Europeans when the
    latter arrived in the early 1600s, and we are very familiar
    with those stories.
        The Virginia tribes were recognized and dealt with by the
    Crown of England as sovereign entities with whom treaties were
    struck. The six groups seeking Federal acknowledgment are
    currently recognized as Indian tribes by the Commonwealth of
    Virginia and England as well.
        I am told by the staff that while he was Governor, Senator
    Allen took part in an annual treaty-honoring ceremony with the
    Virginia tribes, that took place at Thanksgiving at the
    Governor's home in Richmond. I commend him for doing that.
        In February 1999, both the Virginia House of Delegates and
    the Virginia Senate passed H.J. Res. 754, urging the U.S.
    Congress to grant historic Congressional Federal recognition of
    the eight tribes recognized by the State of Virginia.
        The bill before us would do just that, but would exempt the
    Mattaponi and the Pamunkey, which have elected not to take part
    in this legislation. When he was the Governor of Virginia,
    Senator Allen called for the tribes to be recognized.
        As both Senators know, I have generally been opposed to
    legislative recognition as a substitute for the Federal
    acknowledgment process, except in extenuating circumstances;
    and I am sure we may hear some of those today.
        Nonetheless, I understand the frustration of petitioning
    groups. Some have waited generations to have their petition
    acted on. These Virginia tribes have submitted petitions for
    Federal acknowledgment to the Branch of Acknowledge and
    Research, called the BAR, and have attempted for some years to
    obtain legislative recognition; but to date, have been
    unsuccessful.
        In light of the upcoming 400th anniversary of the
    foundation of the Jamestown Colony in 1607, the Commonwealth
    understandably wants to fully include the Virginia tribes in
    the celebrations and, in fact, supports the tribes' bid for the
    Federal acknowledgment.
        I look forward to hearing from our colleagues and our
    witnesses. With that, I would ask Senator Allen if he has some
    comments that he would like to make before we hear from the
    witnesses.

       STATEMENT OF HON. GEORGE ALLEN, U.S. SENATOR FROM VIRGINIA

        Senator Allen. Yes; I would, Mr. Chairman. First and
    foremost, I want to thank you, Senator Campbell, for your
    leadership, your statement and understanding, as well as that
    of the chairman, Senator Inouye, for having this hearing on
    such short notice. I recognize that there are many issues
    arising, but this is something that is very important to these
    six Virginia Indian tribes.
        I think that the views that I will be expressing will be
    amplified by those of Senator Warner, who also joins me in this
    effort. Virginians are unified.
        I respectfully have asked this committee to begin the
    process of Federal recognition for the Chickahominy, the
    Eastern Chickahominy, the Upper Mattaponi, the Rappahannock,
    the Monacan, and the Nansemond Tribes, by voting in favor of
    this measure, which we call the Thomasina Jordan Indian Tribes
    of Virginia Federal Recognition Act of 2002.
        I have introduced this legislation with my colleague,
    Senator Warner, to provide long overdue recognized status for a
    group of Americans that have been part of this country's
    history from its inception; when the English settlers came into
    Virginia.
        The six tribes that are seeking Federal recognition have
    suffered humiliation and indignities that have gone largely
    unnoticed by most Americans.
        Many of these injustices were not a result of any action
    the Virginia Indians undertook. They were rather due to
    Government policies that sought to eliminate their culture and
    heritage. I believe, because of these facts, the circumstances
    of their situation warrants Congressional motion for Federal
    recognition.
        I can understand the concern that my colleagues express
    over granting Federal recognition without the investigative
    processes used by the Department of the Interior. However, if
    one closely examines the history of these Virginia Indians,
    they will see why this legislation has been introduced, and why
    my colleagues, Congresswoman Joanne Davis and Congressman Jim
    Moran, continue to push for recognition on the House side.
        The history of these six tribes begins well before the
    first Europeans landed on this continent. History has shown
    their continuous inhabitance of Virginia.
        Through the last 400 years, they have undergone great
    hardship. However, many have worked to maintain their
    traditions and their heritage, through those difficult
    centuries.
        To put the long history of the Virginia Indians in context,
    while many frederally-recognized tribes have signed agreements
    with the U.S. Government, the Virginia Indian tribes hold
    treaties with the King of England, including a treaty in 1677,
    between the tribes and Charles II.
        Indeed, the ceremony that Senator Campbell mentioned, where
    there is a tribute paid, is a treaty that goes way back before
    our succession and independence from Britain, where the tribes
    were to pay taxes to the Crown Colony of 20 beaver pelts at the
    going of the geese. That is a continuation of that heritage and
    that treaty, again, that precedes even our independence from
    Britain.
        Like the plight of many Indian tribes across America during
    the last four centuries, the Virginia tribes were continually
    moved off their land, and many assimilated into U.S. society.
    Even then, the Indians of Virginia were not extended the same
    rights offered to U.S. citizens. The years of racial
    discrimination and coercive policies took a tremendous toll on
    the population of Virginia Indians.
        During the 20th Century, at the turn of the 20th Century,
    members of these six tribes suffered even more injustice. New
    state mandates forced Virginia Indians to renounce their Indian
    names and heritage.
        The passing of the Racial Integrity Act of 1924 began a
    dark time in the history of the Commonwealth of Virginia. This
    measure, which was enforced by a state official, the Registrar
    of the Bureau of Vital Statistics, a man named Walker Plecker,
    sought to destroy all records of the Virginia Indians, and
    recognize them as ``colored.''
        People were threatened with imprisonment for noting
    ``Indian'' on their birth certificate. Mothers were not allowed
    to take their newborn children home, if they were given an
    Indian name. This policy, along with the over-zealous
    enforcement by Dr. Plecker, has left many Virginia Indians
    searching for their true identity.
        I am going to incorporate, if I may, into the record, an
    article by respected journalist, Peter Harden, who did research
    on this in a comprehensive article that appeared on March 5,
    2000, in the Richmond Times Dispatch. It shows a good research
    into this matter, and I would like it in the record.
        The point is, the Racial Integrity Act left the records of
    thousands of Virginia Indians inaccurate, or deliberately
    misleading, until 1997. As Governor that year, we signed into
    law legislation that directed state agencies to correct all
    State records related to Virginia Indians, reclassifying them
    as ``American Indian,'' and not colored.
        As Governor my administration championed this initiative,
    after learning of the pain and the concern of this racist
    policy, and how it inflicted that pain on many Virginia
    citizens.
        I was also briefed on the problems that many Virginia
    Indians experience when attempting to even trace back their
    ancestry, or have the records of their children or their
    deceased family members corrected.
        So to combat those injustices, we ensured that any American
    Indian, whose certified copy of a birth record contains an
    incorrect racial designation, were able to obtain a corrected
    birth certificate, without paying a fee.
        It is bad enough what was done in the past; but to make a
    citizen have to pay a fee, because of a State policy that
    forces racial discrimination was clearly wrong, so we made sure
    there were no costs in that regard.
        Now because of the arrogant, manipulating policies of the
    Virginia Racial Integrity Act, the Virginia Tribes have had a
    difficult time collecting and even substantiating official
    documents necessary for Federal recognition.
        Through no fault of their own, the records they need to
    meet the stringent and difficult requirements for Federal
    recognition are simply not available, and they are trying to
    work through it.
        I fear that unless my colleagues take action legislatively,
    these six tribes will be faulted and denied Federal recognition
    for circumstances and discrimination over which they had no
    control
        The Virginia tribes have filed a petition with the
    Department of Interior's Branch of Acknowledgment and
    Recognition. However, I believe Congressional action is the
    appropriate path for Federal recognition.
        The six Indian tribes represented here today have faced
    discrimination and attacks on their culture that are unheard of
    in most regions and states of the United States.
        The Federal recognition brings numerous benefits to
    Virginia Indians, including access to education assistance,
    housing assistance, and health care services, which are
    available to most American Indians.
        The education grants, in particular, would provide an
    avenue for Virginia Indians to improve the prospects for
    employment and, hopefully, secure even better jobs, along with
    health benefits in that job.
        The benefits that are offered by Federal recognition would
    not be restitution for the years of institutional racism and
    hostility, but it would provide new opportunities for members
    of the six tribes.
        This recognition, Mr. Chairman, Senator Campbell, and I see
    my colleague from Virginia, Senator Warner is here, is really a
    matter of justice. It is a matter of fair treatment, and it is
    a matter of honor and pride of heritage and family.
        Yes, the health benefits, the education opportunities all
    matter. But it is also a recognition that we, as a Federal
    Government, want to do what is right by these individuals. I am
    not blaming the Federal Government for what Virginia did; but
    nevertheless, this recognition is a long time in coming.
        Now I understand that there are concerns of some members of
    Congress. I share the concern about gambling, which becomes a
    big issue in property claims that relate to federally-
    recognized Indian tribes. Many members of Congress place the
    issue of gambling and casinos front and center, when discussing
    Federal recognition of Indian tribes.
        While I do not doubt that some states have experienced
    difficulties as a result of Indian tribes erecting casinos, I
    feel confident that gambling is not the goal of these six
    tribes.
        The tribes have stated that they have no intention of
    seeking casino gambling licenses, and do not currently engage
    in bingo enterprises or operations, even though they have
    permission to do so under Virginia law.
        So to allay any fears, as you go through each and every one
    of these specific tribes, I have put in the legislation, as has
    my colleague and cosponsor, Senator Warner, and it is the same
    as the House version, it makes it very clear that there are
    proper safeguards under Virginia law and the Indian Gaming
    Regulatory Act.
        The concern that Federal recognition will result in
    gambling or casino problems in Virginia have been sufficiently
    addressed. Only if Virginia somehow would allow casino gambling
    in the state would Virginia Indians be able to do so.
        So the point is, Virginia does not allow it. I do not
    foresee it in Virginia, and I cannot imagine the state changing
    those laws to allow it on any Indian lands.
        I have spoken to many of the members of these six tribes,
    and again, they are not seeking this recognition for any
    superficial gain. They, instead, seek recognition to reaffirm
    their place as American Indians, after that right has been
    stripped from them for many decades.
        Mr. Chairman and Senator Campbell, have worked with these
    six tribes over the last 5 years. The circumstances in this
    case are unique and special, and that is why I have introduced
    this legislation with my colleague, Senator Warner.
        I am hopeful that this committee will objectively review
    their situation, the bad history as far as how they have been
    treated, and then make the right decision to move this measure
    to the Floor for approval.
        I thank you again, Senator Campbell, for your care, your
    consideration, in taking time from your busy schedule to have
    this hearing today.
        Senator Campbell. Thank you, Senator; and for those in the
    audience from Virginia, Senator Allen and I served in the House
    together. We were great friends, and have been here in the
    Senate.
        He left us for awhile to do the affairs of state, but we
    are happy to have him back here. We have known for years that
    he has always been a very sensitive, fair-minded person, when
    it comes to issues dealing with American Indians.
        Senator Allen. Just for a matter of record, I have no
    problem with casino gaming for Indian tribes. [Laughter.]
        Senator Campbell. You do not have to sell me. I have always
    supported it, as long as they are within the framework of IGRA.
        I would like now to turn to our senior colleague, Senator
    Warner, also a great friend of mine. Senator Warner, do you
    have a statement before we hear some testimony?

       STATEMENT OF HON. JOHN WARNER, U.S. SENATOR FROM VIRGINIA

        Senator Warner. Well, I thank you, Mr. Chairman.
        Mr. Chairman, you have been a pioneer leader, together with
    Senator Inouye, to protect the rights of our Native Americans,
    and to do it in such a way that you bring the Congress, and
    certainly the Senate, with you on the mission.
        Now we have this initiative by my colleague, and I
    associate myself with your remarks, Senator Allen. They were
    beautifully written. As I listened, they reflected on your
    personal study of years and years and years of the historical
    precedence that justifies this legislation.
        I think it is most appropriate that you, as a former
    Governor of the Commonwealth of Virginia, who in that capacity
    assisted the tribes in various ways during that period of time,
    are the one to take the lead. I am very privileged to be
    associated with you and your cosponsor.
        So I thank you, Mr. Chairman, and I thank you, Senator
    Allen. My remarks are very brief, because I associate myself
    with those remarks given by my colleague.
        On the issue of the gambling, we respect the wishes of your
    State, as you respect the current wishes of our state. This was
    an issue, but I think Senator Allen and others in Congress, who
    we work with very carefully, recognize that the framework of
    Federal laws, now appropriately and properly, are placed in the
    hands of the respective Governors, working with their State
    legislatures, to deal with this issue.
        Because while the tribes and the leadership in Virginia
    today have committed that their intention is not to pursue
    gambling we recognize that what we are about to do will last
    for generations, and we have to consider future generations of
    leaders and their followers, as to what they might do in the
    future.
        But again, as Senator Allen said, we assure the citizens of
    our great State, 7-plus million, that the issue of gambling is
    not implicit in this, and it is well protected by a framework
    of laws.
        So first, I wish to welcome many that I recognize have
    traveled long distances to be here so early today. Usually the
    Senate does not get started this early on major issues, and you
    had a long journey to get up quite early for this morning.
        It reflects the sincerity and depth of your individual and
    collective views on this important piece of legislation. I hope
    those that could not make this trip, and indeed, had there been
    others, I do not know how we would have fit them in, because
    every seat is taken, but I hope that they appreciate your long-
    time efforts on behalf of everyone who takes pride in this
    recognition, as Senator Allen said, that is long overdue.
        I would hope, Mr. Chairman, that this matter could be
    addressed in this Congress. Our visitors today are not familiar
    with, I guess you might call it, the eccentricities of what we
    are now experiencing in the Congress. We are about to go out as
    a Congress. The question of a lame duck, of course, is before
    us.
        But could the Chair comment a little bit on how he and
    Chairman Inouye would hope to move this legislation? I think it
    is important that our visitors understand that.
        Senator Campbell. Well, I might, if the Senator would
    yield.
        Senator Warner. Yes.
        Senator Campbell. As you know, we have anything between 2
    more days and 5 or 6 more days. We have literally no idea. The
    leadership has not told us firmly when we are going to out. I
    guess that decision has not been made.
        It is my understanding that there was a hearing already on
    the House side on this bill, that Congressman Hansen did, about
    3 weeks ago. I have not conferred with Senator Inouye or
    Congressman Hansen, either one.
        But just offhand, I would say that the possibility of
    moving this bill through this time around is very, very slim,
    particularly as I understand, that the Administration, through
    the Department of the Interior, is not supporting it. So we
    will just have to hear what they have to say.
        Senator Warner. Well, I would say to the Chair and my
    colleague, that it would be our hope, I assume, to join
    together and introduce this on the opening day of the next
    Congress, and renew our efforts in the coming Congress.
        Because I feel that so many visitors do not understand that
    once a Congress concludes its 2-year life, then all legislation
    that has been introduced and has not been acted upon simply
    dies. That is the phrase that we use.
        But while this may die, it will be revived, am I not
    correct, Senator Allen?
        Senator Allen. Right.
        Senator Warner. We should not give up.
        Senator Campbell. Well, we can establish at least a hearing
    and some dialog.
        Senator Allen. I would say to my colleague, having watched
    this and seeing the progress, and the progress has been slow,
    then justice has been long.
        But the progress here is progress, and this the first time
    there has ever been a hearing, in the history of this august
    body, on recognition of these six tribes of Virginia Indians.
        Senator Warner. Well, most importantly, if you would yield,
    it is the first time that Virginia Senators have put this in.
        Senator Allen. So it is the first time that the bill was
    introduced. That is the first great progress in recognition.
    Second, thanks to Senator Campbell and Chairman Inouye, we are
    having this hearing. This is great progress.
        Things move very slowly here. I am not one of great
    patience; but I have to be patient, and recognize that
    sometimes progress moves slowly. But I think that with the help
    of Senator Campbell, Chairman Inouye, and others, that progress
    is made.
        The fact that we are having this hearing here today, this
    will help bring this issue to the forefront. People will pay
    attention to the facts and the unique circumstances. I am
    hopeful that as we start off the 108 Congress, in the event
    that this cannot get done in the last 2 or 5 days, however many
    are left, we will have a good running start next year.
        Again, I want to thank Senator Campbell, because your
    leadership is absolutely essential. You, as well as Chairman
    Inouye, are ones who people look to for guidance and
    leadership.
        Senator Warner. Many Native American tribes have waited
    hundreds of years for recognition. I think we can assure them,
    Senator Allen, that they will not have to wait much longer for
    this piece of legislation.
        Senator Campbell. I might tell both Senators that, as you
    probably know, the appropriations process for Interior, which
    provides all the money for Indian tribes, is pretty well
    through for next year now. So it is a matter of justice for
    you, but it is also going to be a matter of finances for the
    Bureau.
        How many people total, in the six tribes, are we talking
    about?
        Senator Allen. It is however many applied. Maybe one of our
    witnesses can answer that.
        Senator Campbell. Well, I can ask them.
        Senator Allen. It is in the nature of thousands. It is not
    tens of thousands. It would be a few thousand.
        Senator Warner. I think it would be helpful, the chief says
    was 2,700.
        Senator Campbell. Okay, the reason I asked is because some
    groups that have come before the committee have as many as, as
    I understand it, 40,000 or 45,000 members. There was a group
    in, last week, in fact, testifying on a different issue, that
    had a total of 12 members.
        Well, let me tell you, there is a big difference, when you
    talk about providing services, between 45,000 and 12 people. So
    that is the other thing that we are going to have to consider.
        Senator Allen. In the entire Commonwealth of Virginia, and
    somebody can correct me if I am wrong, but I believe there are
    about 26,000 American Indians of all different tribes, in the
    whole Commonwealth of Virginia.
        There are two other tribes, the Mattaponi and the Pamunkey,
    that you mentioned, that do have their own reservations. They
    are State recognized and are not seeking this Federal
    recognition.
        Senator Campbell. May I ask why?
        Senator Allen. Maybe they feel they have sufficient
    recognition, in that they actually have their two reservations
    and their own lands. These other tribes do not have those.
        Senator Campbell. Well, let us go ahead and get started. We
    will include Congressman Moran's testimony in the record.
        [Prepared statement of Mr. Moran appears in appendix.]
        Campbell. I would like to go ahead and start with Mr.
    Michael Smith, the Director of Tribal Services from the Bureau
    of Indian Affairs.
        Mr. Smith, if you would just go ahead and come to the table
    there, and if you have anybody that is going to testify with
    you or speak in support, they are welcome to come, too. Your
    complete testimony will be included in the record. If there is
    anything you would like to abbreviate, please feel free to do
    so.

      STATEMENT OF MICHAEL R. SMITH, DIRECTOR OF TRIBAL SERVICES,
         BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR,
      ACCOMPANIED BY LEE FLEMING, BRANCH CHIEF FOR THE BRANCH OF
                      ACKNOWLEDGMENT AND RESEARCH

        Mr. Smith. Thank you, Mr. Chairman, it is my honor and
    privilege to appear before you again. Good morning, my name is
    Mike Smith. I am the director for the Office of Tribal Services
    within the Bureau of Indian Affairs at the Department of the
    Interior.
        I am here today to provide the Administration's position of
    opposition to S. 2694, a bill to extend Federal recognition to
    the Chickahominy Tribe, the Chickahominy Indian Tribe--Eastern
    Division, the Upper Mattaponi Tribe, the Rappahannock Tribe,
    Inc., the Monacan Tribe, and the Nansemond Tribe.
        Under 25 CFR Part 83, groups seeking Federal acknowledgment
    as Indian tribes are reviewed in a thorough and objective
    manner. Each petitioning group must demonstrate that they meet
    all the seven mandatory criteria established in these Federal
    regulations.
        The seven mandatory criteria are that a petitioner: [1]
    demonstrates that it has been identified as an American Indian
    entity on a substantially continuous basis since 1900; [2]
    demonstrates that a predominant portion of the petitioning
    group comprises a distinct community that has existed as a
    community from historical times until the present; [3]
    demonstrates that it has maintained political influence or
    authority over its members as an autonomous entity from
    historical times until the present; [4] provides a copy of the
    group's present governing document, including its membership
    criteria.
        In the absence of a written document, the petitioner must
    provide a statement describing in full its membership criteria
    and current governing procedures; [5] demonstrates that its
    membership consists of individuals who descend from a
    historical Indian tribe or from historical Indian tribes, which
    combined and functioned as a single autonomous political
    entity; [6] demonstrates that the membership of the petitioning
    group is composed principally of persons who are not members of
    any acknowledged North American Indian tribe; and [7]
    demonstrates that neither the petitioner nor its members are
    the subject of Congressional legislation that has expressly
    terminated or forbidden the Federal relationship.
        A criterion shall be considered met if the available
    evidence establishes a reasonable likelihood of the validity of
    the facts relating to that criterion. A petitioner must satisfy
    all seven of the mandatory criteria in order for tribal
    existence to be acknowledged.
        All six of these groups who would benefit from enactment of
    S. 2694, have submitted letters of intent and partial
    documentation to petition for Federal acknowledgment. However,
    one of these petitioning groups have submitted completed
    documented petitions demonstrating their ability to meet all
    seven mandatory criteria.
        The Federal acknowledgment regulations provide a uniform
    mechanism to review and consider groups seeking Indian tribal
    status. This legislation, however, allows these groups to
    bypass these standards, allowing them to avoid the scrutiny to
    which other groups have been subjected.
        This concludes my prepared statement. I will be happy to
    answer any questions the committee may have.
        [Prepared statement of Mr. Smith appears in appendix.]
        Senator Campbell. Thank you, Mr. Smith.
        Your testimony was very brief, and dealt with the
    standards, criteria, statistics, processes, and so on. I have
    got a couple of questions, and I am sure Senator Allen does,
    too.
        But let me start by asking you this. If my great
    grandfather was somehow taken by force and stuck in a school
    somewhere and told to cut his hair and stop his language and
    generally forget his tribal culture, and you who are Indians
    know what I am talking about; and time goes on, and 50, 60, 70,
    80, 100 years go by, how in the heck are his descendants going
    to establish all the standards that the Bureau requires?
        How do they establish a process, or how do they have
    documents, when there were not even birth certificates in those
    days? I mean, it was before we had a census. It was before we
    had a lot of things. How do they do that?
        Mr. Smith. Well, I believe our process allows for a number
    of different ways to provide documentation. Of course, one is
    by talking to elders, by providing documentation whenever you
    interview elders or people who would have knowledge about the
    existence of the tribe.
        I know that what you are saying is very true. There are
    many Indian people throughout the country, who have been denied
    the right to practice their religion, or to continue to speak
    their language and practice their traditional and cultural
    activities.
        But we believe there are ways, especially with these
    groups, to provide information that exists in the archives in
    Virginia and in public places, where they can obtain these
    records. We just have not gotten the completed documentation.
        Senator Campbell. Well, I appreciate the need for the BAR
    standards, and I recognize the importance of having whatever
    factual records that can be provided.
        I just wanted to point out that, you know, if there are two
    groups, and one has a 70-year gap in its existence, and there
    not circumstances when one group can be acknowledged, it is
    easy to recognize the other group that has been about to
    document some things; but obviously, not with that gap.
        Let us just take two groups, and if one cannot attribute
    the gap of that time to Government policy, then perhaps that 70
    year gap is a rationale for denying recognition?
        Mr. Smith. Well, here again, we are looking at the seven
    mandatory criteria and the documentation under each criterion.
    There have been, as we recognize in some of the petitions that
    have been forwarded, gaps in the information. The way we deal
    with that, of course, is specific to that particular criterion.
        Senator Campbell. Let me interject another quick question.
    When you ask questions dealing with statistics and criteria and
    standards and all, do you ask potential groups things such as
    their language or their traditional dress or dances, or their
    story of creation, or any of the other things that most Indian
    people are raised knowing?
        Mr. Smith. Yes; Mr. Chairman.
        Senator Campbell. Then if you have a huge gap between when
    they were literally dispossessed, as Senator Allen has
    suggested, how do they establish that recognition?
        I mean, we have got kids on reservations now that have
    lived there their whole live that cannot speak their own
    language, because it is disappearing in many places. How do you
    establish any kind of a language chain with a people that have
    been in the circumstances that we find these tribes in?
        Mr. Smith. Well, again, under the mandatory criterion, and
    we are looking at 83.7, Part E, the opportunity, I guess, for
    the petitioner to provide other information that would fill
    that gap is available under that criterion.
        Senator Campbell. I see.
        Mr. Smith. And I know that there are many Indian people who
    have been disenfranchised, through no fault of their own. We
    are really not talking necessarily about the loss of identity
    of the Indian, but of the tribe.
        Senator Campbell. I see, but without the tribe, it is
    difficult for any of them, as individual Indians, to get any
    kind of Government help. Is that not correct?
        Mr. Smith. Yes, Mr. Chairman; in this particular instance,
    we also feel that the documented instances of discrimination
    against the Virginia tribes would be some type of information
    that we would want to look at, because it identifies them as
    distinct groups.
        Senator Campbell. The Bureau opposes the legislative route,
    and as I mentioned in my statement, I have been very careful
    about it, too.
        Because I think it has really opened up a Pandora's box of
    all kinds of groups; most that are legitimately Indian, but
    clearly some are not, that have applied for recognition; and if
    they can get an understanding, friendly Senator to introduce a
    bill to do a run around the Bureau, sometimes that has
    happened.
        But frankly, the time it takes to get these petitions done
    is just unbelievably long. How long have these tribes been
    waiting? I have heard some tribes are waiting for 20 years.
        Mr. Smith. I think the oldest documented partial petition
    is about 20 years old. Some have waited a lesser time; but yes,
    20 years.
        Senator Campbell. Is it fair to say that some people have
    people have probably died waiting? Is that correct?
        Mr. Smith. Yes, Mr. Chairman; I believe the Upper Mattaponi
    is the oldest petition that we have on file, and the
    Rappahannock.
        Senator Campbell. Well, first of all, let me tell you that
    I really would appreciate it if you and the department would
    work with our staff here on the committee, to try to develop a
    comprehensive bill that would revise the whole process.
        Because I find that this business of waiting that long for
    people who are legitimately Indian, I mean, it is just too
    long. Somehow, we have got to have a better process to move it
    through.
        As you probably know, there was an amendment on the Floor
    this year to put a moratorium on any more tribes going on the
    rolls, until we could figure this all out.
        Senator Inouye and I opposed that and, in fact, we won that
    pretty handily when we took a recorded vote. You probably know
    that, if you watched C-SPAN and the debates on the Floor.
        So I am not supporting putting a moratorium on it; but
    somehow, we have got to have a better process. I would hope the
    Bureau would work with us on that.
        Mr. Smith. I understand, Mr. Chairman.
        Senator Campbell. I understand all six of the tribes that
    are subject to this bill have submitted petitions to the BAR.
    Is that correct?
        Mr. Smith. Yes, Mr. Chairman.
        Senator Campbell. Are any of them ready for what is called
    the technical assistance phase?
        Mr. Smith. I would say yes. I think we are prepared to
    provide technical assistance to all six of the petitioning
    groups.
        What has not happened is, a complete petition would require
    another kind of observation, and that would be a letter
    pointing out any obvious deficiencies in their petition. So
    that would be another step where could provide people
    assistance.
        Senator Campbell. So that would be a letter from the Bureau
    back to them?
        Mr. Smith. Yes.
        Senator Campbell. So if you sent that letter to them, would
    it be fair to say that you could begin that process; and if it
    is, how long does it take to complete it, after they get that
    letter from you?
        Mr. Smith. Well, it really would depend on the petitioning
    group. And, of course, you know what limitation we have on our
    resources.
        Senator Campbell. Yes; and I am sorry to say that much of
    that is our fault. Well, after completion of the technical
    assistance phase, how long would it take the tribes to complete
    the FAP process?
        Mr. Fleming. If I may respond.
        Senator Campbell. Could you provide your name for the
    record, please?
        Mr. Fleming. My name is Lee Fleming, and I am the Branch
    Chief for the Branch of Acknowledgment and Research.
        After a group responds to the technical assistance review,
    then under the regulations, another phase begins, which is
    entitled, active consideration.
        The active consideration is basically a formal review of
    all the documents, and there is a 12 month regulatory timeframe
    for that review.
        I must be honest in saying that before a group is put under
    active consideration, we already have a number of groups that
    are in front of groups now just going to be considered for
    active consideration.
        Senator Campbell. Well, it is mighty complicated. Because I
    have said a number of times on this committee, Indians are the
    only people in America, that I know of, that are required to
    carry a card around to prove they are what they already knew
    they were.
        It is a crazy system, but that is what we find ourselves
    in. It started clear back in the days of giving rations and
    blankets and so on, in the reservation days.
        The year 2007 is a key date for Virginians. It is their
    400th anniversary and the 400th anniversary of the founding of
    the Jamestown Colony. I think it is important to the
    Commonwealth and important to the tribes.
        Can you give the committee any indication that if we did
    not act legislatively, that these petitions would be done by
    that very important date?
        Mr. Smith. I really could not predict that, in all honesty,
    Mr. Chairman. But as I said before, we are prepared to provide
    technical assistance to these groups.
        Senator Campbell. Have any of them asked you, so far, for
    technical assistance?
        Mr. Smith. Not to my knowledge; well, I guess Mr. Fleming
    will answer that.
        Mr. Fleming. Yes; we have had several occasions to visit
    with many of the leaders for technical assistance, and we even
    met, just recently, within the past 2 weeks, with some of the
    leaders.
        Senator Campbell. I understand that the Bureau has some
    concerns with the provisions of this bill that establish
    service areas and reservations for the tribes. In some cases,
    the service areas overlap other areas.
        Should this not be determined by the size of the tribe, the
    number of people? I would assume these six different tribes
    have different numbers.
        Mr. Smith. Well, in general, the service area is identified
    for the tribe, and this really is an approval process that goes
    through the Deputy Commissioner, as far as the Bureau of Indian
    Affairs Services, and it may vary for other agencies.
        Senator Campbell. Do we have tribes in the country that are
    already recognized, that have overlapping service areas?
        Mr. Smith. Yes, Mr. Chairman; once we have identified a
    service area, and we have agreed what the tribe is to that
    service area, if there is overlapping, then it is up to the
    tribe or tribes that are involved to come to some agreement as
    to how their membership will be served, if they are in other
    jurisdictions.
        The other problem that we foresee is that there are other
    eligible Indians that would have to be served by a particular
    tribe, once they contract or compact for those Bureau services.
        Senator Campbell. It appears that some of the reservation
    areas may also be overlapping. Is that a problem with the
    Bureau?
        Mr. Smith. It would not necessarily be a problem, but it
    would be up to those tribes, again, to work out that situation,
    as far as the jurisdiction and provision of services.
        Senator Campbell. I understand the Bureau also has some
    concerns about how the tribes would establish their base
    membership rolls. Staff tells me that the Supreme Court case of
    Santa Clara Pueblo v. Martinez make it clear that the
    membership issues are internal for the tribes to decide
    themselves. So what is the problem with the Bureau determining
    their rolls?
        Mr. Smith. Well, in the submission of their membership, and
    if a particular tribe wanted to establish that list as its base
    roll, then we would at least have a clear idea of who their
    members are, and on what basis they would begin to add
    membership, according to their own criteria.
        What happens in many cases is, we are not exactly sure what
    the base roll is, so we would want to identify a base roll, and
    assure that anyone who meets the criteria for the tribe would
    be allowed some due process in establishment enrollment within
    that tribe.
        Senator Campbell. Well, let me use another tribe that is
    already established, like the Cherokees. I was told a few years
    ago by Chief Mankiller, when she was the chairman of that
    tribe, that they get about 1,400 requests per month for
    enrollment of people that believe that they can document that
    they are Cherokees.
        Well, I do not know what number they actually accept every
    month, but when they do, do you not just accept that as the
    acknowledged roll, when the Cherokees say, these people have
    included are members?
        Mr. Smith. We do, Mr. Chairman, but we also understand the
    criteria by which they evaluate an application for membership.
        Senator Campbell. Would the Bureau's opposition change if
    provisions were made in the bill that would provide a roll for
    the Bureau?
        Mr. Smith. I understand we do have membership lists for the
    petitioners. But I think we would want to take this under
    consideration, before we gave you an exact answer.
        Senator Campbell. But you are talking rolls, and it just
    would seem to me, if the bill was amended to provide the Bureau
    with the ability to assist the tribes, to help establish the
    membership rolls, you might view that a little more favorably.
        Mr. Smith. I believe that would go a long way, Mr.
    Chairman.
        Senator Campbell. The same might be said of their service
    areas; determining the service areas?
        Mr. Smith. Yes, Mr. Chairman.
        Senator Campbell. Well, I would like to yield to my friend
    and colleague, Senator Allen, if he has some questions. But
    thank you very much, Mr. Smith, I appreciate your being here.
        Mr. Smith. Thank you.
        Senator Allen. Thank you, Senator Campbell, and thank you
    for your outstanding questions, many of which I was going to
    propound myself. Obviously, you have done a great deal of
    research into this matter; and in particular, these tribes in
    Virginia.
        Senator Campbell. I have got an outstanding staff.
        Senator Allen. Well, I thank your staff, but I thank you
    also for reading what your staff did.
        Senator Campbell. Do I ever. [Laughter.]
        Senator Allen. That shows a great deal of care and
    important leadership on this matter; and I thank Mr. Smith and
    Mr. Fleming for being here.
        Senator Campbell asked you questions on overlapping service
    areas. I want to make sure your testimony is clear that there
    are other Indian tribes in the United States that have
    overlapping service areas. Is that correct?
        Mr. Smith. Yes, sir.
        Senator Allen. So that, in itself, is not a fatal flaw in
    their application for recognition, is it?
        Mr. Smith. No; it is not. We merely wanted to be clear on
    what jurisdiction each tribe was wanting to establish; and the
    service area, in many cases, is smaller than the jurisdiction,
    as we see it. For one tribe, it is quite large, a 150-mile
    radius, which seems somewhat unreasonable. But these are things
    that can be worked out.
        Senator Allen. I would also ask you, as a matter of law,
    while the Department of Interior and your organization, that
    has a very difficult job, apparently may be under-staffed and
    so forth, by law, Congress can act and give recognition to
    Indian tribes. Is that not correct?
        Mr. Smith. Yes, sir; we recognize that Congress has that
    authority.
        Senator Allen. And has that authority been exercised in the
    last 10 years?
        Mr. Smith. Yes, sir.
        Senator Allen. Now Senator Campbell asked a question, that
    let us assume that we are not able to get this bill passed by
    the Senate and the House in the next week or so. Are there any
    changes that could be made to this legislation that has been
    proffered here, that is the basis of this hearing; any changes
    next year that would get your agency to support that
    legislation? Is that at all possible?
        Mr. Smith. I think, again, we would want to take that under
    advisement. I think we would want to speak to our front office,
    the Assistant Secretary and the Deputy Assistant Secretary, and
    assure that, you know, if we were going to make any
    recommendation the proposed legislation, that this would be
    something that the Administration would support.
        But I think we could surely take a look at the legislation
    and see where we might be able to make some recommendations for
    improvement.
        Senator Allen. Well, I understand your desire to follow the
    chain of command and not make commitments. But I think if the
    Branch of Acknowledgment and Research would have any
    constructive suggestions that could, if nothing else, have you
    not oppose it, that would be helpful, and we will certainly
    work with you on it.
        Mr. Smith. I understand.
        Senator Allen. And I understand your position, as well,
    here. Do you have any knowledge, either you, Mr. Fleming, or
    Mr. Smith, of the Department of the Interior ever supporting
    Congressional action on recognition of an Indian tribe? I know
    Congress has acted on rare circumstances. Do you know if you
    all supported that legislation?
        Mr. Smith. I believe we have supported legislation, in
    particular, when it was restoration of tribes. But we also had
    a tribe, and I believe it was in Michigan, where a Chippewa was
    legislatively recognized, and we supported that legislation, as
    well. That would have been in 1988.
        Senator Allen. It was be great if you would that in 2002 or
    2003, as well. The Chippewa probably already, though, were a
    recognized tribe, and this was just another branch of the
    Chippewa, if you know?
        Mr. Smith. Well, there are many bands of Chippewa.
        Senator Allen. Right.
        Mr. Smith. But this tribe, in particular, was not
    recognized until that legislation passed.
        Senator Allen. For the record, the two other Indian tribes
    in Virginia, which have had long-time recognition by Virginia,
    by the King of England, do support this legislation. So there
    is no opposition from those other tribes.
        And I would ask Mr. Smith, as you were reading through the
    criteria, and Senator Campbell alluded to it in one of his
    questions, when you go through all these requirements and
    recordkeeping, and Senator Campbell alluded to it again and I
    had it in my opening testimony, the Racial Integrity Act of
    1929, in Virginia, do you recognize how devastating that was
    for the identity of individuals, when you are trying to have a
    continuity of Heritage and culture, that mothers and fathers
    could not even name their children whatever the Indian name
    might be? If they did, they would not let them take them home
    from the hospital.
        The fact that they were not even recognized as Indians, but
    because of the Racial Integrity Laws, these oppressive laws had
    them as another race. That action, in 1924, that was continued
    on for decades, made it very difficult for someone to identify
    who was actually of that tribe, much less even an Indian of any
    tribe.
        That sort of imposition of Government, and the
    stigmatizing, and the wrongful action makes it very difficult,
    and it is just remarkable that there is even this interest now
    in this long-overdue recognize.
        Do you recognize how difficult that is to maintain a
    culture, a heritage, your family bloodlines, as well as the
    cost and the difficulty of having to hire genealogists,
    historians, anthropologists, to ensure proper documentation
    requirements? Do you recognize how very difficult that is, in
    these particular tribes' circumstances in Virginia?
        It is not because of the Federal Government, but because on
    the onerous, awful actions of the State Government, decades
    ago; and it lasted for generations.
        Mr. Smith. Yes, Senator Allen; I agree with that you are
    saying and I understand what your saying. This has happened in
    other parts of the country, as well. There is a dark history in
    many states. I do not think we would want to get into an
    argument about whether or not there were historical tribes in
    Virginia. We know there were.
        We want to assure you though, that the Indian people, and
    we know there are Indian people in Virginia, are the tribes
    that they say they are. That is the documentation, the
    analysis, the evaluation that we have to go through.
        Some of the things you are saying, I personally have been
    the brunt of some of these kinds of things, the discrimination
    in growing up and now being allowed to practice my heritage, my
    culture, my language, my tradition. I know what you are saying,
    sir.
        Senator Allen. Well, Mr. Chairman, Senator Campbell, I do
    want to work with you on this. I realize that you have a very
    difficult job. Your role and your duty, when you take your job,
    is to uphold the laws and the institutional aspects of your
    department and your Bureaus.
        I want to make sure that there is justice. I do not blame
    you. Some things are bureaucratic and very difficult. Some have
    an easier situation to meet those requirements. Others, because
    of the circumstances, just as a matter of equity, make it very
    difficult for them to do so.
        I am going to try and work as hard as I can, and I know I
    speak for Senator Warner, as well, and Congressman Moran and
    Congresswoman Davis, that we think this is a matter of justice
    and a matter of honor.
        Again, when you determine the number of people who are
    actually involved here, it is a few thousand. There may be
    others meeting their criteria. It may get up to 4,000.
        This is something that a great country can do. I aim to
    keep working with you for these six tribes in Virginia, and I
    thank you.
        Senator Campbell. In the Bureau's defense, I might tell my
    friend from Virginia that these problems, I think, started
    clear back with the Dawes Act, or maybe before, when the first
    rolls were established.
        Because we know for a fact that there were many non-Indians
    that were put on the Indian rolls and, therefore, legally
    became Indians when they were not Indian by blood. Some of that
    was driven by the opportunity to get in on something that might
    be free from the Federal Government.
        So since that time, they have been very, very careful, and
    I understand that. Because it was not at all difficult in those
    days, in fact, just to get somebody to go down to the Bureau
    and tell them that they were your cousin.
        They could have blonde hair and blue eyes or whatever, you
    know, and they could go down there if they said they were your
    cousin and they were enrolled, you could be put on the roll, in
    some cases, in those days. It was very easy.
        Through the years, the department has tried to make it much
    more detailed, and justifiably so. But the pendulum can swing
    from too far to the other side, too, and that is my concern.
        Senator Allen. Well, thank you, Senator Campbell; that is a
    very good point. The fact that the Virginia Indians have been
    in contact, other than the Indians that are, say, in New Mexico
    and Arizona, who had contact with the Spanish; but the Indians
    in Virginia, other than those who have had contact in American
    with the Spanish, or in some cases, the French, the ones in
    Virginia, with the first permanent English settlement being in
    Jamestown in 1607, have had the longest interaction or contact
    with Europeans.
        We all do know that eventually many Indians did assimilate
    into society; and so naturally, the bloodlines are going to be
    diluted, to so speak, to some extent.
        But again, as Senator Campbell said, this why this is
    particularly pressing, for all Virginians; not just Virginia
    Indians, or those who may be one-half Virginia Indian, and one-
    half French, one-half Dutch, one-half Italian, or whatever
    fractions. I do not mean to have it doubled or tripled.
        But regardless, in 2007, there is going to be a major
    celebration in recognition of the founding of Jamestown.
    Virginia Indians have a very prominent role in that. Pocahontas
    and the Chief Powhatan, all of those are so much a part of the
    founding of Virginia, and the founding, really, of the cradle
    of democracy for America.
        It is going to be very important that this recognition is
    for all Virginians, with a showcasing of our Commonwealth and
    where we started and where we have come. Of course, the Indian
    heritage is much longer than 400 years, and that is part of the
    original inhabitance of Virginia.
        So that is another reason that all Virginians are so
    unified, no matter what their ethnic or racial background,
    unified in the recognition of these tribes, as indicated by the
    House and Senate General Assembly resolutions in support of
    this recognition. Thank you.
        Senator Campbell. I have no further questions, but I may
    submit some to be answered in writing. Senator Inouye may also
    have some questions that he may submit, if you could get back
    to us on those.
        Mr. Smith. Yes, Mr. Chairman.
        Senator Campbell. All right, thank you.
        Mr. Smith. Mr. Chairman, could I just say one other thing?
        Senator Campbell. Please do.
        Mr. Smith. The issue you raised earlier, with regard to who
    the members might be of a particular group, is a primary reason
    that we would want the membership of these groups established
    and defined, prior to the passage of the bill.
        Because in most cases, there is a provision to do this
    after the tribes are recognized. So we want to have a basis for
    that base roll, and that is primarily the reason that we want
    them to identify their membership ahead of time.
        Senator Campbell. Yes; well, it is another subject for
    another day. But you know that I have said a number of times, I
    think the whole roll system is totally screwed up, very
    frankly.
        When we did the hearings some years ago, on trying to
    revise the Indian Arts and Crafts Act, to determine what is
    actually made by an Indian artist, boy, we had some of the most
    unusual testimony that convoluted the whole question more than
    you could have ever imagined.
        We had one guy that was eight-eighths Indian. He was 100
    percent Indian. But because he was eight-eighths, and every
    tribe he identified with had a blood quantum of one-fourth or
    more, he could not get on anybody's roll. So by law, he could
    not be on anybody's tribe, but he was Indian.
        We had another one testify that because of the way the Hopi
    rolls are set up, you can only be enrolled if the Indian
    lineage comes from your mother's side and not your father's
    side.
        So you could be Indian and something else, but if your mom
    was Indian, you could be enrolled as a Hopi; and if your dad
    was the Hopi, you could not be enrolled. I mean, it is just one
    big mess, and we deal with it all the time here.
        We will now move on to the next panel, which will be the
    Honorable Ken Adams, the Chief of the Upper Mattaponi Indian
    Tribe of King William; the Reverend Jonathan Barton of the
    Virginia Council of Churches; and Dr. Danielle Moretti-
    Langholtz, Department of Anthropology, from the College of
    William and Mary.
        As I mentioned with the first panel testifying, if you
    would like to submit all of your testimony for the record, that
    will be included; and if you would like to abbreviate or depart
    from your written testimony, that will be fine.
        Chief Adams, please proceed.

      STATEMENT OF KEN ADAMS, CHIEF, UPPER MATTAPONI INDIAN TRIBE
        INDIAN TRIBE OF VIRGINIA, ACCOMPANIED BY CHIEF ADKINS,
     CHICKHOMINY TRIBE; CHIEF BRADBY, EASTERN CHICKAHOMINY TRIBE;
    CHIEF BRANHAM, MONACAN TRIBE; CHIEF BASS, NANSEMOND TRIBE; AND
                  CHIEF RICHARDSON, RAPPAHANNOCK TRIBE

        Mr. Adams. Good morning, Mr. Chairman. I am Kenneth Adams,
    Chief of the Upper Mattaponi Indian Tribe. I ask your
    permission to revise and extend my comments.
        Senator Campbell. Without objection, your complete comments
    will be included in the record, both written and spoken.
        Mr. Adams. With me today are Chief Adkins, Chickahominy;
    Chief Bradby, Eastern Chickahominy; Chief Branham, Monacan;
    Chief Bass, Nansemond; and Chief Richardson, Rappahannock.
        Senator Campbell. Where up are they; if they could raise
    their hands, so I could just pick them out?
        [Show of hands.]
        Senator Campbell. Okay, they are right in the front row,
    thank you.
        Mr. Adams. We are the proud descendants of the keepers of
    this great land when the English colonists arrived in 1607. The
    Peace Treaty of 1677 established the governing authority of the
    Pamunkey Queen and the Monacan Chief over our ancestors. We are
    the direct descendants of those colonial tribes, which occupied
    over 200 villages and towns.
        Today, these nations have come together to ask the Congress
    of these United States to acknowledge our one-on-one
    relationship with the Government of this Nation.
        Chief Justice John Marshall, in 1832 stated:

        The Constitution, by declaring those treaties already made,
    as well as those to be made, the Supreme Law of the Land, has
    adopted and sanctioned the previous treaties made with Indian
    Nations.

        Each of these great chiefs carry in their hearts many
    burdens of our people. I cannot express for them the sorrows
    they have endured. But I can express to you a sample of what we
    have all endured.
        When I was a child growing up in King William County,
    Virginia, high school education for Indians was almost nil.
    Even before I entered grade school, my older brothers and
    sisters were being sent off to Oklahoma and Michigan to
    complete high school. I was the first Indian to graduate from
    King William High School in 1965.
        Myself in 1967, and my brother in 1968, served in Vietnam.
    Shortly afterwards, I went to visit my brother. It was like
    walking into the house of a stranger.
        It was not because of any experiences in Vietnam. It was
    because of the policies of the State of Virginia. It was the
    policy that forced him from home in order to seek a high school
    education. What was his response to that policy? His response
    was to put his life on the line for the United States of
    America.
        I can surely tell you today, in these individual tribes,
    there are many more stores like this one. I can say, with 100
    percent certainty, when it comes to defending this homeland,
    Virginia Indians have split their blood.
        You might ask us, why do you come now? We have an answer.
    For almost 400 years, Virginia attempted to diminish our
    presence. After 1700, we were pushed onto increasingly smaller
    pieces of land, and by the mid-1900's, Virginia was attempting
    to document us out of existence.
        The fight to maintain our identity was a struggle. Our
    mothers and fathers fought well, but they lacked education and
    resources. They had been told on several occasions, no help
    from the Federal Government was available.
        In 1946, one of the chiefs attempted to obtain high school
    educational resources through the Office of Indian Affairs. The
    only help offered was in the form of education at a Federal
    boarding school. Nothing was available in Virginia; 2 years
    earlier, that same chief had lost a grandson in the
    Philippines.
        If the State Government was attempting to deny our
    existence, and the Federal Government provided little
    assistance, where could these people possibly go? Who could
    they possibly turn to? That is the main reason that it has
    taken us to long to get here.
        Virginia has recognized its errors. Along with S. 2694,
    sponsored by Senators Allen and Warner, Virginia
    Representatives Moran and Davis have introduced H.R. 2345,
    granting Federal acknowledgment to these six tribes.
        In 1999, the Virginia General Assembly passed a resolution
    with overwhelming support, asking for Congressional recognition
    of these tribes. King William County, home of the Upper
    Mattaponi, has passed a unanimous resolution in favor of
    Federal acknowledgment.
        We have the support of the majority of the Virginia
    Congressmen and women. As you can see, we have overwhelming
    support from the Commonwealth of Virginia.
        Now the U.S. Congress has the opportunity to make a
    historical change, a positive change that would bring honor to
    you, as well as honor to ourselves. We ask you to make the
    right decision, and support this bill for Federal
    acknowledgment of Virginia Indians.
        [Prepared statement of Mr. Adams appears in appendix.]
        Senator Campbell. Thank you, Chief; we will have some
    questions for you in just 1 moment. Let us go on to Reverend
    Barton.

     STATEMENT OF REVEREND JONATHAN M. BARTON, VIRGINIA COUNCIL OF
                                CHURCHES

        Mr. Barton. Good morning, Mr. Chairman and members of the
    Senate Committee on Indian Affairs. My name is Jonathan Barton,
    and I am the general minister for the Virginia Council of
    Churches. I would like to thank you for the opportunity today
    to speak. I would ask your permission to revise and extend my
    comments.
        Senator Campbell. So granted.
        Mr. Barton. I would also like to express my deep
    appreciation to Senator George Allen for his continued
    leadership in this, and his efforts in sponsorship of this
    bill; and to Senator John Warner for his cosponsorship; and to
    all the other members of the Virginia Delegation, who have come
    to support this effort.
        To the members of the six tribes gathered today, you do
    indeed continue to honor the Virginia Council of Churches
    greatly by this invitation to walk with you, as you seek
    Federal recognition and acknowledgment. We stand with you today
    in support of the Thomasina E. Jordan Indian Tribes of Virginia
    Federal Recognition Act of 2002, S. 2694.
        Two weeks ago, before the House Committee on Resources, I
    made a public apology for any acts of injustice that the
    Council may have been complicit or complacent in during the
    past. This apology was sincere then; it is sincere today; and
    it expresses a hope for our continued walk into the future
    together.
        The Virginia Council of Churches is the combined effort of
    34 governing bodies of 16 different communions in the
    Commonwealth of Virginia. A list of our member denominations
    has been appended with my written comments. I also have
    appended letters from various religious leaders across the
    Commonwealth, urging the support for this bill. Together, we
    include one out of every five Virginians.
        During our 58 year history, we have always stood for
    fairness, justice, and dignity of all people. We are one of the
    first fully integrated bodies in the Commonwealth of Virginia,
    and we have been for our entire history.
        We stand here today in that faith, and we are grounded in
    our history and our values. The churches have a relationship
    with these tribes, and have had ever since our first European
    ancestors arrived and were welcomed by the ancestors of these
    men and women here today.
        These tribes have developed very close ties with the
    Episcopal Church, the Baptist Church, the United Methodist
    Church, and the Assembly of God. Three of our outstanding
    religious leader executives in the Commonwealth of Virginia are
    Native American: The Reverend Dr. Wasena Wright, the Right
    Reverend Carol Joy Gallagher, and the Reverend Dr. Cessar
    Scott.
        Alexander Hamilton stated in 1775:

        The sacred rights of mankind are not to be rummaged for
    among old parchments or musty records. They are written, as
    with a sunbeam in the whole of the volume of human nature, by
    the hand of the divinity itself, and can never be erased or
    obscured by mortal power.

        What we are addressing here today are sacred rights; the
    sacred rights of these six tribes. Our history has not always
    been marked by peace or by understanding. Treaties, indeed,
    have been broken and land has been taken. There is suspicion
    and mistrust still on both sides.
        But there is perhaps no deeper wound you can inflict on a
    person than to rob them of their identity; to relegate them to
    a box marked ``other''; to proclaim, as we have done in
    Virginia during the time of Mr. Plecker, that you do not exist.
        Those who bear the legacy of their forefather, the first
    inhabitants of this great land, have suffered much in the way
    of discrimination, bigotry and injustice. In the past, they
    have been prevented from employment and attendance in public
    schools. Churches have often sought to fill some of these gaps.
        But even as we have prevented their attendance in our
    classrooms, we have proudly placed their names on our school
    buildings. We have taken their names and we have placed them on
    our roads, on our towns, on our rivers. The discrimination that
    they have suffered has not only erased their identity, but it
    has also robbed them of their voice.
        These tribes have proudly served this Nation, even as this
    Nation has turned its back on them. These tribes are here today
    to humbly ask nothing more than to have their identity
    acknowledged, to be recognized for who they are and the
    contributions that they have made.
        You can make this possible, so that the healing of the deep
    wounds that have been inflicted might finally be realized. Our
    state legislature has spoken. The people of Virginia have
    spoken, and they are behind the unity of the six tribes, as
    they seek this acknowledgment.
        Senator George Allen, you, in introducing this bill in the
    Senate, have said that:

        It is important that we give Federal recognition to these
    proud Virginia tribes, so that they can be honored in the
    manner that they deserve.

        You went on to say that:

        There is absolutely no reason why American Indian tribes in
    Virginia should not share the same benefits that so many Indian
    tribes around the country enjoy.

        God has smiled on these people and called them by name. God
    has blessed them, and God will recognize them, for as long as
    the sky is blue, and even on those days when it should turn
    gray.
        God will be there as long as the grass is green and when
    the grass turns brown. For as long as the water shall flow and
    the cold winter days when it freezes over, God will be with
    them. It is now time for the United States Congress to do the
    same. Thank you, sir.
        [Prepared statement of Mr. Barton appears in appendix.]
        Senator Campbell. Well, before I go on, let me tell you,
    Reverend Barton, that was a very, very nice statement. The
    history of non-Indian religions and traditional Indian people
    has been very rocky in this country, as you probably know.
        There is even a story among Indians that every Indian who
    has been around a reservation has heard. It is, the
    missionaries came to do good, and they did very well.
        It is used by Native Hawaiians, too, which means some of
    them came with ulterior motives. That was to get you to forget
    your history, forget your family, forget your traditions,
    forget everything, and become non-Indians in brown skin.
        It is nice to see that religions are finally recognizing
    the rights and fairness to traditional people. Thank you for
    that statement.
        Dr. Moretti-Langholtz, if you would go on, and then we will
    finish up with Chief Adkins.

        STATEMENT OF DANIELLE MORETTI-LANGHOLTZ, DEPARTMENT OF
               ANTHROPOLOGY, COLLEGE OF WILLIAM AND MARY

        Ms. Moretti-Langholtz. Thank you, Senator Campbell, Senator
    Allen, members of the committee and guests. I am Dr. Danielle
    Moretti-Langholtz, Coordinator of the American Indian Resource
    Center at the College of William and Mary. Thank you for the
    opportunity to address you on this important issue.
        For the record, scholarly statements have also been
    submitted by Dr. Helen Rountree and Edward Ragan.
        Senator Campbell. Those will be included in the record.
        Ms. Moretti-Langholtz. Thank you, sir.
        The history of Virginia's indigenous population is uniquely
    intertwined with the history and founding of the United States
    of America. Widely known is the story of Chief Powhatan and his
    daughter Pocahontas, and the role they played in assisting the
    first English speaking settlers at Jamestown during the 17th
    century.
        Less widely known is what became of Virginia's indigenous
    population, and their struggle for the survival of their
    culture, communities, and identity, during the intervening 4
    centuries.
        At the time of English colonization, Virginia's coastal
    plain was occupied by a paramount chiefdom of Algonquian-
    speaking tribes; and its Piedmont by alliances of Siouan-
    speaking tribes.
        There are both archaeological evidence and historical
    documents, such as this document that I would draw your
    attention to, which is this copy of John Smith's 1612 map.
        These documents indicate that Native peoples were sedentary
    horticulturalists, growing corn with highly organized political
    structures, that included male and female chiefs. The current
    Rappahannock chief, G. Anne Richardson, who is with us today,
    is an example of that continuing tradition.
        The rapid English settlement of Virginia resulted in a
    demographic change in favor of the colonists, as the economic
    life of the colony shifted towards growing tobacco. The tribes
    were signatories to 17th century colonial treaties, which
    established reservations for some of the tribes.
        By 1700, the tribes occupied small pieces of the
    traditional homelands, and all but two lost control of the
    reservation lands by the early 1800's. Virginia Indians came
    under increasing pressure to conform outwardly to non-Indian
    society.
        Many Virginia Indians converted to Christianity during the
    period known as the Great Awakening. Over time, Virginia
    enacted increasingly strict codes pertaining to slavery and
    racial identity.
        Virginia Indians developed strategies to survive in this
    racially-hostile climate by withdrawing into close-knit
    communities and maintaining separate tribal identities.
    Historical documentation from this period highlights the
    pressures on Virginia Indians as the state regularly
    manipulated the definitions of Negro, Mullatto, Indian, and
    free persons of color, to maintain white control over non-white
    persons.
        The emergence of the Eugenics Movement in the 20th century
    is arguably the most trying period of all for Virginia Indians.
    The passage of Virginia's Racial Integrity Law in 1924 forced
    all segments of the population to be registered at birth in one
    of two categories: white or colored. The latter category was
    mandated for all non-white persons, regardless of race or
    ethnicity.
        This legislation was engineered by Dr. Walter Plecker, head
    of the Bureau of Vital Statistics in Richmond, and made it
    illegal for individuals to correctly identify themselves as
    Virginia Indians.
        The racial designations on birth records of many Native
    persons were changed from Indian to the generic non-white
    category of colored, without their consent. This experience is
    unique to the Virginia Indian community. The Racial Integrity
    Law remained in effect until its repeal by the U.S. Supreme
    Court in Loving v. Loving.
        Scholars have documented that during these years, Virginia
    Indians maintained their tribal structures, and refused to give
    up their Indian identity.
        Between 1983 and 1989, the Commonwealth of Virginia granted
    State recognition to the six tribes whose leaders are here
    today, thereby acknowledging the tribes' historical importance,
    contributions, and continued presence in the state, since the
    time of the colonial encounter.
        In 1999, the Virginia legislature passed House Joint
    Resolution Number 754, asking the Congress of the United States
    to extend Federal recognition to these tribes.
        The scholarly community represented here supports this
    request, based on the specific criteria for Federal recognition
    and the documented history of these tribes.
        These Indians have maintained a separate identity as
    Indians since the time of European colonization, and their
    shared experienced has forged in them a sense of solidarity.
        Mr. Chairman, they have waited long enough for Federal
    recognition. Please support the extension of Federal
    recognition to these six tribes. As 2007 approaches, it is time
    to set the historical record straight. Thank you.
        [Prepared statement of Ms. Moretti-Langholtz appears in
    appendix.]
        Senator Campbell. Thank you, Doctor; I might tell you just
    a few weeks ago, several of us spent some time in Africa. One
    of the countries we visited was South Africa. We went to Robin
    Island, where Nelson Mandela spent almost 3 decades of his
    life.
        I am struck with the similarity with the Apartheid, that
    happened just a few years ago in Africa. Really, what many
    American Indians went through, it is like an American
    Apartheid, in some cases.
        Ms. Moretti-Langholtz. If I may say, Mr. Chairman, in fact,
    you are absolutely correct. What you are seeing in both
    instances are the effects of the Eugenics Movement that became
    popular, or shall we say, active, in particular areas of the
    world, and also Nazi Germany, unfortunately, to some extent,
    with this legislation, in the Commonwealth of Virginia.
        It is not a good history. I do not think anyone here seeks
    to beat up upon Virginia or the state. But this is a question,
    as I think was really accurately described by Senator Allen. It
    is really not about benefits or getting something. It is about
    setting the historical record straight.
        Senator Campbell. Thank you for your testimony.
        Chief Adkins, I am sorry that your name was not on the
    original list that I got for testimony.
        Mr. Adkins. That is quite all right.
        Senator Campbell. But we would be honored to hear your
    statement.

      STATEMENT OF STEPHEN R. ADKINS, CHIEF, CHICKAHOMINY INDIAN
                           TRIBE OF VIRGINIA

        Mr. Adkins. Senator Campbell, Senator Allen, staff members,
    I thank you for the opportunity to address you today.
        This moment in time is significant to Virginia Indian
    tribes because it provides a forum for us to bring our unique
    situation to the attention of the legislature of the greatest
    country in the world.
        I come to you today, bringing the spirit and will of our
    forebears. Our presence here, combined with your willingness to
    listen to our story, contrasts sharply with the environment of
    fear and mistrust in which my father and his peers fought to
    preserve and maintain our heritage.
        The environment in which our immediate forebears and our
    ancestors, several generations removed, found themselves was
    fraught with turmoil, anguish, and despair.
        In the early years after European contact, Virginia Indians
    fell victim to disease and superior weapons of death. In
    addition, they were displaced from their ancestral lands. Yet
    even against those circumstances, the Virginia Indians
    prevailed and maintained their heritage.
        Much of the testimony you have heard today has addressed in
    detail some of the points that I previously mentioned. I would
    like to share with you some of the very real and painful
    memories that our people have of our struggle to maintain and
    share our heritage.
        Sadly, I must admit, I do have relatives who chose to live
    their lives as black or white, versus claiming their true
    identity and its attendant hardships.
        However, today, I bear no ill will to those folks, because
    they did what they felt they had to do to survive. I am here
    today to testify that life should be about more than just
    survival. Life should include being able to live and share
    one's heritage with pride and honor.
        My father and his peers lived during the Plecker years, and
    carried those scars to their graves. When I approached them
    regarding our need for state recognition, they pushed back very
    strongly. In unison, they said, ``Let sleeping dogs lie, and do
    not rock the boat.''
        Their fears of reprisal against those folks who had risked
    marrying in Virginia, and whose birth records accurately
    reflected their identity, outweighed their desire to openly
    pursue any form of recognition. Those fears were not unfounded,
    because the threat of fines or jail time was very real to those
    Virginia Indians.
        When you look through family photo albums of my parent's
    generation and those generations preceding them, some photos
    and mementos are conspicuously absent. You will not see
    pictures of students receiving high school or college diplomas.
    You will not see wedding pictures taken at the local church.
    You will not see pictures of high school cheerleaders. You will
    not see pictures of homecoming games or high school proms.
        The reason so many things people take for granted were
    missing in the lives of my ancestors, those memories and family
    treasurers of our forbearers was not one of choice, but one of
    survival.
        To claim your identity was to put you and your family at
    risk. If you were Indian, claiming that identity precluded your
    enrollment in high school or college. There was no place for an
    Indian in a State that recognized only two races: white and
    colored.
        So what did you see when you looked in the aforementioned
    albums or on the living room walls of our forebears? You saw
    pictures of Indian powwows and festivals held on tribal
    grounds. You saw pictures of church socials and homecomings.
        On the walls, you saw pictures of servicemen, certificates
    of baptism, bronze stars, purple hearts, honorable discharge
    certificates; and sometimes, you saw U.S. flags, which were
    presented to those families whose son or daughter lost their
    life in service to this country.
        You saw photos that revealed the tenacious, unflagging will
    of our forebears to maintain their heritage, in spite of the
    undue hardships that the State of Virginia imposed upon them,
    both through legislative action and the bureaucratic actions of
    Walter Plecker.
        As a member of the Charles City County School Board, I was
    made aware of the Title IX Indian Education Program. There were
    several criteria to be met to participate in this program.
        One criterion was state recognition. Pushed by the need to
    allow the Indian students within the country to experience this
    learning environment, several of the younger tribal members
    forged ahead with the recognition process.
        We engaged scholars, historians, and others to research and
    compile data supporting our Indian identity. I remind you, this
    action was contrary to the counsel we had been given by many of
    the elders of our tribe.
        We, the Chickahominy Tribe, advised other Virginia Indian
    tribes of our efforts around state recognition, and the Eastern
    Chickahominy, Upper Mattaponi, and Rappahannock Tribes, joined
    in our effort.
        As you might expect, the elders of those tribes expressed
    fear and concern regarding stirring up all of the old wounds
    and painful memories that they were sure would surface in our
    quest for state recognition.
        The State Legislature heard our case, and granted the
    aforementioned tribes recognition in 1983. In addition, the
    legislature created the Virginia Commission on Indians. Later,
    the Monacan and Nansemond Tribes applied for and were granted
    state recognition.
        The question of why did we wait so long to seek Federal
    recognition is posed to us quite frequently. The recognition
    accorded to the Virginia tribes by the Commonwealth in 1983,
    coupled with the creation of the Virginia Commission on
    Indians, followed by the legislative action of the Allen
    administration, created a climate conducive to the next logical
    step, which was the quest for Federal recognition.
        The cloud hanging over our heads at the Bureau of Vital
    Statistics, where we were written out of existence, posed a
    serious threat to what we perceived as a viable chance at being
    heard at the Federal level.
        With the removal of that obstacle, the vision became more
    focused and, in fact, crystal clear; Federal recognition and
    sovereignty must be sought.
        To be constrained by rules and regulations promulgated by a
    reputed confidant of Hitler was both stifling and dehumanizing.
    However, even from that experience, the Virginia tribes found a
    silver lining. Our trials bound us closer together as members
    of the total Indian population in general, and as members of
    our respective tribes, in particular.
        The treatment that Virginia Indians endured over the years
    caused them to seek strength from each other and live as
    communities. Ironically, that satisfies the criterion for
    administrative Federal recognition, that speaks to
    documentation supporting the fact that Indian people lived as a
    community or a tribe for the last 100 years.
        For example, in the case of the Chickahominy Tribe, we have
    documented minutes from our tribal meetings dating back to
    1901, all history preceding that. In addition, we have in place
    rules of governance, a membership roll, and a constitution.
        These systems were put in place to let succeeding
    generations know their heritage, and to provide accurate
    records to the tribal members, versus the altered documents
    provided by the state. The other Virginia tribes have similar
    systems in place for the same reasons.
        Another question we are asked is, ``Why did you choose
    Congressional recognition, versus administrative recognition?''
    The answer is two-fold.
        The tribes felt they were denied the option to seek
    administrative Federal recognition because of the non-creation
    and destruction of accurate birth records at the state level.
    When this issue was finally resolved, we took another look at
    where we were, and determined that an oversight at both the
    Federal and State Government levels contributed to our lack of
    recognition.
        The Commonwealth of Virginia, through its legislature,
    heard our call and took corrective action. We felt an appeal to
    the legislative body of the United States of America would be
    both consistent with what we did at the state level, and would
    be the right way to make our case for Federal recognition.
        In addition, we feel our approach to Federal recognition
    has the blessing of both the opinion of the late Chief Justice
    John Marshall and the Constitution of the United States of
    America.
        I thank God I have lived long enough to see a racial
    designation for Indian on college application forms in
    Virginia. This was not the case when I served on the board of a
    local community college in the 1990s, or when I took a computer
    class at one of the local community colleges.
        I am thankful to be a part of this hearing today. I regret
    our forebears did not live to see the action that the
    Commonwealth of Virginia took to correct the records at the
    Bureau of Vital Statistics during Governor Allen's
    administration.
        I wish they could see what is unfolding here today.
    However, I know as surely as I am sitting here today, that the
    Almighty Father has welcomed my people home and duly recognized
    them as the Indian people he created.
        Today, I humbly ask you to do likewise; welcome us back to
    our Native Land, recognize us as indigenous Virginia Indian
    Tribes, and restore our identities as Sovereign Nations. Thank
    you.
        Senator Campbell. Thank you, your comments were well
    received, Chief Adkins.
        Let me ask you, you are familiar with the word ``pass,'' as
    it was used in my age group? And it was used by both the Indian
    groups and African Americans, years ago. You spoke of
    discrimination and prosecution, and all of the other things
    that people of color faced in those years. Are you familiar
    with that phrase?
        Mr. Adkins. I am very familiar with that. I have relatives
    who passed for white or colored.
        Senator Campbell. For those who do not know what it means,
    it meant that within your own culture and your own relatives,
    you were known to be Indian or African American.
        But on the outside, some people would say they were not
    Indian, or they were not African American. They were something
    else, because they found it would be a little bit easier
    lifestyle. There would not be quite as much discrimination. So
    that word was used. They passed as something else. You are
    familiar with that?
        Mr. Adkins. I am very familiar with that.
        Senator Campbell. I grew up in those days, too.
        Mr. Adkins. And that is what I was alluding to, in that
    comment.
        Senator Campbell. Yes; well, that is why I asked.
        Let me ask you several questions. You both have the title
    of Chief. Is that an elected title within your tribe?
        Mr. Adams. Each tribe has its own way of electing their
    chiefs. I, personally, was elected years ago to be Chief of the
    Upper Mattaponi Indian Tribe.
        Senator Campbell. How do you determine who does the
    electing? Is it done with just an open ballot, or how do you do
    that?
        Mr. Adams. What happens is, we go through a nomination
    process. Once the nomination process is complete and the
    nomination process is over, a couple months later, we have a
    formal election.
        Senator Campbell. And you have tribal councils too, as most
    recognized tribes do?
        Mr. Adams. Yes, sir.
        Senator Campbell. I know that a lot of the tribes who seek
    recognition were literally forced to abandon their traditional
    ways and beliefs.
        In your two tribal groups, Chief Adkins and Adams, do you
    still have some degree of semblance of historic cultural things
    like dance and dress and language and story of creation, and
    things of that nature, that most tribal groups do?
        Mr. Adkins. Yes; we have the traditional dances. We have
    the Woodland Indians' dress. It is not as flashy as some of the
    western tribes, but it is our traditional dress; and we have
    oral history that has been passed down.
        We have our kids, the Chickahominy kids. We are going to
    the tribal center every Saturday, and we would just kind of
    take that time, outside of the normal school hours, to just
    educate them on their ancestry, on what being Chickahominy is
    all about.
        Senator Campbell. Has your language pretty much been lost?
        Mr. Adkins. It is pretty much lost. That, too, was by
    design, as you know.
        Senator Campbell. Yes; by design and by force; I
    understand.
        Two tribes were not included. Do you have any knowledge of
    why they did not want to be included, Chief Adams or Adkins,
    either one?
        Mr. Adams. I believe, sir, that each individual tribe, has
    its own agenda for inclusion or exclusion in certain things
    that they do. I do not believe that I can speak for those
    individual tribes.
        Senator Campbell. Of the eight, I understand two have
    reservations and six do not. Is that correct?
        Mr. Adams. Right, yes, sir.
        Senator Campbell. Are the two that did not want to be
    included the two that do have some reservation ground?
        Mr. Adams. Yes; but I would add they do support our efforts
    and lock step with us.
        Senator Campbell. I would ask both of you, too, what is
    your membership criteria? Some are based on a lineal
    descendancy, and others are based on blood quantum. How is your
    membership decided?
        Mr. Adkins. The Upper Mattaponi is based on lineal
    descendancy, sir.
        Mr. Adams. Mine is blood quantum.
        Senator Campbell. Blood quantum, what is the percentage?
        Mr. Adams. One-fourth.
        Senator Campbell. Would you both be agreeable to having the
    Bureau consult with you in clarifying your membership criteria,
    and in helping you research those who may be eligible for
    membership?
        Mr. Adkins. I would welcome any assistance.
        Mr. Adams. I would welcome that, also.
        I would like to add, too, that there is a gentleman by the
    name of Mitchell Push, who did work with the BIA for several
    years, and I hope I am right about this, and he worked in that
    area. He has actually come to our tribe and addressed us on
    that very issue, to ensure that we do meet the criteria of the
    BIA.
        Senator Campbell. He is no longer in that area now?
        Mr. Adams. He is not working with them now.
        Senator Campbell. Oh, I see.
        Mr. Adams. He has consulted with us.
        Senator Campbell. Okay, and would that also apply to
    consulting with designation of a service area? Would you also
    agree to having the Bureau help you with that?
        Mr. Adams. I do not perceive a problem with that.
        Mr. Adkins. I do not, either. Again, I would consult my
    tribe, before making that decision. But I do not think they
    would register any disapproval.
        Senator Campbell. Thank you, and let me go on to Dr.
    Moretti-Langholtz. Did I pronounce your name right, ma'am?
        Ms. Moretti-Langholtz. Perfectly, sir.
        Senator Campbell. I take it, you have studied pretty
    extensively the history of the six groups that are seeking
    recognition, or at least your statement seemed to be very
    knowledgeable about them? Is that correct?
        Ms. Moretti-Langholtz. Yes, sir; and there are other people
    here with me in the room, who are also scholars of that area.
        Senator Campbell. Okay, what type of material and records
    were considered by the Virginia legislature, when it decided on
    State recognition?
        Ms. Moretti-Langholtz. Okay, my understanding, and I was
    not in Virginia at that time, and Dr. Rountree is here and we
    can ask her, but there lots of records that were county records
    and others that were consulted. May we ask her specifically?
        Senator Campbell. Well, yes, Dr. Rountree, where are you?
        I am interested in establishing some credentials that you
    could share with the committee, frankly.
        Ms. Moretti-Langholtz. Did you hear the question, for State
    recognition, Helen?
        Senator Campbell. And would you identify yourself for the
    record, please, ma'am?

          STATEMENT OF HELEN ROUNDTREE, PROFESSOR EMERITUS OF
            ANTHROPOLOGY, OLD DOMINION UNIVERSITY, VIRGINIA

        Ms. Rountree. I am Dr. Helen Rountree, Professor Emeritus
    of Anthropology at Old Dominion University. I am also the
    author of the book, ``Pocahontas' people of the Powhatan
    Indians of Virginia Through Four Centuries.''
        I was one of the people who testified at the hearing in
    November of 1982, for state recognition for four of the six
    tribes who are here today.
        The records that were consulted by me and by the people
    organizing the recognition effort consisted of various colonial
    records, colonial government records such as the executive
    journals of the Counsel of Colonial Virginia, and also a wide
    variety of county records, which I had gone through and scoured
    myself, in preparation for writing the book.
        By 1982, I had found practically all there is. Mr. Ragan
    has doubled-checked me in three of the counties since then, and
    he tells me I got it right, which is kind of nice.
        Senator Campbell. That is more than we can say for us
    around here. [Laughter.]
        Ms. Rountree. But we did a thorough look at both colonial
    level and surviving county records.
        Senator Campbell. Would you make those materials, or at
    least a summary of those documented materials available to the
    committee?
        Ms. Rountree. Yes; gladly.
        Senator Campbell. Okay, I would appreciate that.
        Ms. Rountree. We have already submitted it, as a matter of
    fact; at least I drew it up for four of the tribes that I am
    doing now. It is literally a list of everything that got
    recorded, from early colonial times, down to, I quit at 1900.
        Senator Campbell. Okay, I would appreciate it if you would
    do that.
        Ms. Rountree. And that is in some of the thicker stacks of
    stuff that I think you have been sent.
        Senator Campbell. Apparently, we do not have that on file;
    so if you could at least give us a summary of that. I do not
    know who you sent that to, but I am informed that we do not
    have that on file.
        Ms. Rountree. All right, I will be glad to.
        Senator Campbell. Please, thank you very much; and Dr.
    Barton, let me go on with you, before I turn it over to Senator
    Allen.
        I have to tell you, as I mentioned before, the history of
    churches has not been good with traditional Americans; and I
    was very pleased to see that you have been such a big help to
    them. I enjoyed your testimony very, very much.
        Your council is against gaming. What would your position
    be, if the tribes, pursuant to state law, as you understand
    IGRA and how it is written, the Indian Gaming Regulatory Act,
    that the tribes cannot game unless the States approve that, and
    unless they do something comparable to the States? What would
    your position be if they were to undertake gaming sometime in
    the future, even though they have indicated they are not
    interested in that?
        Mr. Barton. I think parts of the council would be
    disappointed. Some may feel a betrayal, particularly if it was
    the current elders that were engaged in that.
        But all would understand that those are their rights in
    Virginia, the same as any other citizen, to pursue that
    development strategy.
        Senator Campbell. Well, this next one is kind of loaded, I
    guess. But I know that bingo is a big thing with churches all
    over this country as a fundraiser, and it is a form of gaming.
    Does your church participate in bingo?
        Mr. Barton. Two of our members very clearly do. That would
    be the Roman Catholic Diocese of Richmond and the Roman
    Catholic Diocese of Arlington. Both are bingo supporters, and
    count on those revenues for that.
        I think they would probably not have a problem, if the
    tribes were engaged in bingo. Other members of the council do
    not share the same feeling, and would be vehemently opposed.
        Senator Campbell. Well, just for the record, I do not have
    a problem with Indians and gaming, and I do not have a problem
    with churches doing bingo; so more power to them.
        Churches often have key documentation, and I asked Dr.
    Rountree if she could provide that for the committee. Do you
    have any information or documentation that might help identify
    tribal members and tribal existence, that you could also supply
    to the committee?
        Mr.Barton. I do not have that directly in our archives, but
    I would anticipate that the Diocese of Southern Virginia, in
    particular, as they get ready for their 400th anniversary of
    the church's arrival, would have some material, I am sure, that
    would be relevant. Also, I think probably the Baptist community
    would probably have information that we could give back, as
    well.
        Senator Campbell. If you or Dr. Moretti-Langholtz could
    find anything of this supporting evidence, if you could turn
    that into the committee, I would appreciate it.
        Ms. Moretti-Langholtz. Senator, actually, that is my
    current research, and I would be happy to give you that
    information.
        Senator Campbell. Thank you, and I am sure Senator Inouye
    would appreciate that, too.
        Senator Allen, did you have some follow-up questions? I
    think I have asked about all I have.
        Senator Allen. You asked many of the questions that I was
    going to ask, Senator Campbell. I want to thank you, again, for
    your insightful questions, and it is good to see all these
    wonderful individuals here.
        On the gambling matter, having gone through the voting for
    a referendum allowing the lottery, when I was in the state
    legislature, I can vouch for the Council of Churches and all of
    those denominations being adamantly opposed to the lottery.
        Mr. Barton. Even the Roman Catholics were, at that point.
        Senator Allen. Yes; that is even though they played bingo
    in their churches. But regardless, I did vote for allowing the
    people to decide, and even Mr. Jefferson said that the lottery
    is a wonderful thing, since it is a voluntary tax. I am not
    going to argue over the lottery. But nevertheless, Virginia
    overwhelmingly had the lottery.
        In the event that the Pamunkey or the Mattaponi or any of
    these tribes seeking recognition now on any of their trust
    lands wanted to have a lottery retail outlet, under Federal
    law, they would be under the same laws and rights as would be
    any other Virginian; and so they could have a lottery outlet.
        In the event, though, that they wanted to have casino
    gambling, they could not, under the Indian gaming regulations,
    as well as this legislation, if it passes. Because in Virginia,
    casino gambling is illegal.
        There are reasons for that. Generally, it would be
    predatory on other businesses, and it is not the desire of
    Virginians to have that, at this time; and I cannot envision it
    at any time in the near future, at least, casino gambling.
        But you could have bingo; you could have lottery. In fact,
    Virginia allows horse racing. The one gambling on horse racing
    track in Virginia is not doing very well, and I cannot imagine
    that these folks would want to lose money.
        Senator Campbell. Right, for most tribal groups
    traditionally, gambling is a form of entertainment. In most
    tribes that I know of, and you probably know, that they call
    them stick games and hand games, out where we come from. It is
    very common, wagering, too.
        Since I was baptized as a Catholic, as a youngster, I was
    in a lot of trouble. I used to think that every Sunday, I was
    gambling by just going to church. A little lightning came
    through the roof, so I was all right. [Laughter.]
        Please go ahead with your questions.
        Senator Allen. Well, let me commend Dr. Moretti-Langholtz
    for her statement here. Her whole statement is in the record.
        I think it lays out the history here, an that for 44 years,
    until the Loving v. Loving decision, which followed Loving v.
    Virginia, which was striking down Virginia's anti-miscegenation
    laws, where someone, a couple of different races, went to
    Washington, DC to get married, and Virginia would not recognize
    that. That is 44 years. That is several generations.
        Thank you for bringing your studies here. It is good to see
    also, Dr. Rountree here. In Virginia, whenever there is a new
    Government office building in Richmond, they name it after a
    former President.
        They have gone through about seven of them. The next one, I
    think, was going to be Woodrow Wilson. I said, no, let us name
    this Government building after Pocahontas.
        We had a wonderful ceremony there, and I asked Dr. Rountree
    to be the person to speak. So it was the first Government
    building not named after a former President and, in fact, it
    was named after a female, and after a Virginia Indian.
        Dr. Rountree is highly respected in her research and her
    knowledge of the cultural anthropology and history of Indians,
    I guess, until 1900; and Pocahontas is gone, so you are
    perfectly fine.
        Ms. Rountree. May I add something?
        Senator Allen. You always may. I always learn from you.
        Ms. Rountree. This is really for Mr. Campbell. No, I want
    to add something. Danielle and I are volunteer scholars.
    Neither of us has ever been paid a penny for our work.
        The Virginia tribes did not have to hire either one of us.
    We went out and did it, anyway. That is why I consider myself
    to be the Powhatan Tribes' semi-tame anthropologist.
        [Applause.]
        Senator Allen. Well, I think that adds to the credibility
    and the veracity of your research, and the positions and
    testimony that you have before us and others on this matter.
    Thank you; I am glad I brought that up.
        Chief Adkins had mentioned, I believe, that the
    Chickahominy, as far as the member criteria, that the
    Chickahominy had one quarter Chickahominy blood. Is that right?
        Mr. Adams. Quantum; yes, sir.
        Senator Allen. Okay, well, Chief Adams, for the Upper
    Mattaponi, what is your criteria?
        Mr. Adams. First, it is linear descendancy. We use
    descendancy for our membership criteria.
        Senator Allen. Could you explain that further?
        Senator Campbell. It means as long as your mother and
    father were on the roll, you could be put on the roll,
    regardless of whether you are married outside or not. So the
    blood can get thinner and thinner, as long as your parents are
    on the roll.
        Senator Allen. Okay, can you speak for the other tribes,
    the Nansemond or the Monacan; are they all similar?
        Mr. Adams. They are here, if you would like to ask them.
        Senator Allen. Well, I think, seeing how the Department of
    Interior people were asking for criteria, I think for the
    record here, are any of the other chiefs are representatives of
    tribes?
        Senator Campbell. Come by the microphone, and identify
    yourself for the record, ma'am.
        Ms. Richardson. I am Chief Richardson of the Rappahannock
    Tribe. Senator Allen, to answer your question, the
    Rappahannocks do have a blood quantum criteria for our
    membership rolls, and it is one quarter blood quantum, proven
    descent, of Rappahannock lineage.
        Senator Allen. Thank you, Chief; does somebody from the
    Monacan want to respond?
        Mr. Branham. My name is Kenneth Branham, and I am chief of
    the Monacans. We do it by lineage, also.
        Senator Allen. That is the same as the Upper Mattaponi?
        Reverend Branham. Yes.
        Senator Allen. Thank you.
        Mr. Bass. I am Chief Bass of the Nansemond Tribe. We go
    strictly by genealogy descent. I would like to comment that we
    all have those membership rolls on record with the BIA, in our
    petitions.
        Senator Allen. Thank you, Chief Bass.
        Mr. Bradby. I am Chief Bradby of the Eastern Chickahominy.
    We follow the lineal descent. Rather than putting blood quantum
    on a particular person, we have found that regardless of what a
    blood quantum was, we suffered the same discrimination acts
    under Plecker, as anyone else did; regardless of what your
    blood quantum was. So that is where we stand.
        Just to go back a little bit, if you allow me this, when we
    went for state recognition, then I was asked a question by one
    of the Senators, if I wanted to join your tribe, how could I do
    that? I said the easiest way is simply to be born into it. I
    think that pretty much answered the question; but thank you.
        Senator Allen. Thank you; I think we have covered all six.
    The question of sovereignty, or mention of sovereignty, was
    mentioned by the Chiefs and others here; and I think you speak
    for all the tribes. What would be the actual impact of Federal
    recognition and providing for your communities?
        Mr. Adkins. Senator Allen, when I look at the Chickahominys
    specifically, I think if you were to look at our roll, and look
    at the percentage of folks that are on public assistance, they
    would be statistically insignificant.
        When we approach the state for recognition, and now the
    Federal Government, what we are dealing with, basically, is
    just acknowledging to the world who we are. We are American
    Indians, recognized by the Federal Government.
        There are things that would be attended to, to the
    recognition, that would help us. The educational opportunities
    would be available to our youngsters are not necessarily
    freebies. But it would open the door, so we would be in the cue
    to compete for those educational opportunities.
        Obviously, health care for our older folks would be a
    consideration. That is a burden, even though they are carrying
    that load today, that would help ease the strain on the elder
    folks within our communities.
        Senator Allen. Chief Adams, do you have anything you would
    want to add to that?
        Mr. Adkins. I would like to read a brief statement, if I
    could, on that.
        Senator Allen. Please.
        Mr. Adkins. I played some games with myself, and one of the
    questions I asked myself, and I have been asked this question
    many times. It says, ``Why do you seek recognition?''
        Every time the question has been asked of me, I think,
    depending on the circumstances, I provide a slightly different
    answer. But I am going to read you this answer that I wrote
    down.

        We are seeking recognition, because we believe we should be
    on equal standing with over 500 other tribes in the United
    States.
        With recognition comes more than just an official
    designation. It means that we are acknowledged for our long-
    standing history, our relationships with the colonists, the
    individual States, and the United States of America. It is an
    affirmation that we are truly who we say we are; six individual
    and distinct tribal nations, and the dignity that comes with
    that affirmation.

        Senator Allen. Thank you, Chief; that was the testimony I
    was hoping to have.
        Chief Adkins, when you talk about the history, the very
    poor history, deplorable history of Virginia, on educational
    opportunities, that you endured, and you were talking about
    your own family and other Virginia Indians, I think the
    educational opportunities that would be accorded to those;
    again, there are not many. It is just a few thousand Virginia
    Indians, would they be treated the same as those other Indians
    in those 500-plus other tribes?
        I think that is something that is very important. It is
    very important that, again, this is not restitution; but it is
    making sure that Virginia Indians finally, after hundreds of
    years in this country, and hundreds of years since our
    independence and cessation from Britain, are treated with the
    respect and the dignity and the opportunities of other American
    Indians, who have also been discriminated against, tortured,
    murdered, and deprived of their rights and their lands.
        Thank you both so much. I have no further questions,
    Senator Campbell.
        Senator Campbell. I have no further questions, as well.
        Senator Allen. I just want to say this. I have been through
    many hearings. I have not been here very long. This was a very
    touching hearing, from the comments of obviously the Chiefs of
    all the various tribes, from the Council of Churches, from
    scholars.
        I think that this Senate is so enriched and blessed to have
    you, Senator Campbell; someone with the understanding and your
    experiences, to make us more cognizant, understanding, and
    sensitive to matters that some of us have not experienced.
        But your experiences, knowledge, and leadership are just
    truly uplifting and beneficial to all the Senators, and I thank
    you for your leadership.
        Senator Campbell. Well, I would tell you that I think
    Senator Inouye has been a great leader and an inspiration to
    me, too, and I know he will help as much as he can.
        This is a little bit aside but, you know, we talk about
    recognition; being recognized by the United States. In some
    circles in the Indians, it is not all that thrilling, because
    it is like an admission that you are being recognized by
    somebody that tried to kill you and took away your Government
    and so on.
        That is why some people never, in the olden days, like in
    the case of the Cherokees, they hid out in the hills. The ones
    that were moved to Oklahoma left many behind, because they
    simply did not want to be ``recognized.'' But perhaps a higher
    order is being recognized by the Creator, rather than just some
    form of Government.
        You may not know, Senator, that Indian children are born
    with a blue spot, right at the bottom of their spine. Even if
    the blood gets thinner and thinner, clear down to a 16th, or in
    some cases, even a 32nd, that little blue spot will be there.
    Traditional Indian people believe that God put that spot there
    to remind them who they are.
        Thank you; I have no further questions, but we may submit
    some follow-up questions for the record. If there is anyone in
    the audience who wants to participate or add something to this
    hearing, we will keep the record open for three weeks, as
    Senator Inouye mentioned, and I did, early on.
        It is going to be pretty darn tough to move something like
    this in the final few days. What we have done though, I think,
    is establish a good record and, hopefully, we can revisit this
    early in the new Congress if we do not move it.
        Ken, did you have a final comment that you wanted to make?
        Mr. Adams. Yes; we do have other documentation that we
    would like to submit to the committee. We do have a brief
    tribal history that each of us has written for the committee,
    that we would like to submit.
        Senator Campbell. Okay, if you would submit that, we will
    make sure that that is in the record.
        Mr. Adams. Thank you.
        Senator Campbell. We appreciate the attendance, and this
    hearing is adjourned.
        [Whereupon, at 12 noon, the committee was adjourned, to
    reconvene at the call of the Chair.]
    =======================================================================

                                A P P E N D I X

                                  ----------

                  Additional Material Submitted for the Record

    =======================================================================

      Prepared Statement of Kenneth Adams, Chief, Upper Mattaponi Indian
                                     Tribe

        Good morning, Mr. Chairman. I am Kenneth Adams, Chief of the Upper
    Mattaponi Indian Tribe. With me today are Chief Adkins, Chief Bradby,
    Chief Branham, Chief Bass, and Chief Richardson. We are the proud
    descendants of the Keepers of this Great Land when the English
    Colonists arrived in 1607. The Peace Treaty of 1677 established the
    Governing authority of the Pamunkey Queen and the Monacan Chief over
    our ancestors. We are the direct descendants of those colonial tribes.
    Today these nations have come together to ask the Congress of these
    United States to acknowledge our one on one relationship with the
    government of this nation.
        Chief Justice John Marshall in 1832 stated, the Constitution, by
    declaring those treaties already made, as well as those to be made, the
    Supreme Law of the land, has adopted and sanctioned the previous
    treaties made with the Indian Nations.
        Each of these great Chiefs carry in their hearts many burdens of
    our people. I cannot express for them the sorrows they have endured.
    But I can express to you a sample of what we have all endured. When I
    was a child growing up in King William County, Virginia, high school
    education for Indians in the state was almost nil. Even before I
    entered grade school, my older brothers and sisters were being sent off
    to Oklahoma and Michigan to complete high school. I was the first
    Indian to graduate from King William High School in 1965. Myself in
    1967 and my brother in 1968 served in Vietnam. Shortly afterwards, I
    went to visit my brother. It was almost like walking in the house of a
    stranger. Not because of our experiences in Viet Nam. It was because of
    the policies of the State of Virginia. It was the policy that forced
    him from home in order to seek a high school education. And what was
    his response to that policy? His response was to put his life on the
    line for the United States of America. I can surely tell you today, in
    these individual tribes, there are many more stories like this one. I
    can say with 100 percent certainty, when it comes to defending this
    homeland, Virginia Indians have spilt their blood. You might ask us,
    why do you come now? We have an answer. For almost 400 years, Virginia
    attempted to diminish our presence. After 1700 we were pushed onto
    increasingly smaller pieces of land and by the mid 1900's Virginia was
    attempting to document us out of existence. The fight to maintain our
    identity was a struggle our Mothers and Fathers fought well, but they
    lacked education and resources. They had been told on several occasions
    no help from the Federal Government was available. In 1946 one of
    Chiefs attempted to obtain high school educational resources through
    the Office of Indian Affairs. The only help offered was in the form of
    education at a Federal boarding school. No help was available in
    Virginia.
        If the state government was attempting to deny our existence and
    the Federal Government provided little assistance, where could these
    people possibly go? That is why it has taken us so long to get here.
        Virginia has recognized its errors. Along with bill H.R. 2345
    sponsored by Congresspersons Moran and Davis, Senator Allen, with the
    support of Senator Warner, has introduced S. 2964 granting Federal
    Acknowledgment to these six tribes. In 1999, the Virginia General
    Assembly passed a Resolution with over whelming support asking for
    Congressional Recognition of these tribes. King William County,
    Virginia, home of the Upper Mattaponi, also passed a resolution in
    favor of Federal Acknowledgment. We have the support of the majority of
    the Virginia Congressmen and Women. As you can see, we have
    overwhelming support from the Commonwealth of Virginia.
        Now, the U.S. Congress has the opportunity to make a historical
    change. A positive change that would bring honor to you as well as
    honor to us.
        We ask you to make the right decision and support this bill for
    Federal Acknowledgment of Virginia Indians.
                                     ______

      Prepared Statement of Hon. James P. Moran, U.S. Representative from
                                    Virginia

        Good morning and thank you, Mr. Chairman.
        I appreciate your willingness to hold this hearing and providing us
    with an opportunity to help tell the story of six of Virginia's Native
    American tribes. The story of these tribes is compelling, but I ask for
    more than your sympathetic ear. I also ask for action on legislation
    (S. 2694) that Senators George Allen and John Warner introduced, which
    is a companion to the bill Rep. Jo Ann Davis and I sponsored in the
    House, to grant these tribes Federal recognition.
        I ask that the Federal Government, starting with this distinguished
    Committee on Indian Affairs, recognize the Chickahominy, the Eastern
    Chickahominy, the Monacan, the Nansemond, the Rappahannock and the
    Upper Mattaponi Tribes. These tribes exist, they have existed on a
    substantially continuous basis since before the first western European
    settlers stepped foot in America; and, they are here with us today.
        I know there is great resistance from Congress to grant any Native
    American tribe Federal recognition. And, I can appreciate how the issue
    of gambling and its economic and moral dimensions have influenced many
    Members' perspectives on tribal recognition issues.
        I think the circumstances and situation these tribes have endured
    and the legacy they still confront today, however, outweigh these
    concerns. Congress has the power to recognize these tribes. It has
    exercised this power in the past, and it should exercise this power
    again with respect to these six tribes.
        Like much of our early history as a nation, the Virginia tribes
    were subdued, pushed off their land, and, up through much of the 20th
    Century, denied full rights as U.S. citizens. Despite their devastating
    loss of land and population, the Virginia Indians successfully overcame
    years of racial discrimination that denied them equal opportunities to
    pursue their education and preserve their cultural identity. That story
    of survival doesn't encompass decades, it spans centuries of racial
    hostility and coercive State and State-sanctioned actions. Unlike most
    tribes that resisted encroachment and obtained Federal recognition when
    they signed peace treaties with the Federal Government, Virginia's six
    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.
        In more recent times, this racial hostility culminated with the
    enactment and brutal enforcement of Virginia's Racial Integrity Act of
    1924. This act empowered zealots, like Walter Plecker, a State
    official, to destroy records and reclassify in Orwellian fashion all
    non-whites as ``colored.'' To call yourself a ``Native American'' in
    Virginia was to risk a jail sentence of up to 1 year.
        Imagine a married couple unable to obtain the release of their
    newborn child from the hospital until they change their child's
    ethnicity on the medical record to read ``colored,'' not ``Native
    American.'' Or, imagine being told that you have no right to reclaim
    and bury your ancestors once you learn they were being stored in a
    museum vault.
        Or, imagine your frustration upon finding your legal efforts to
    appeal a local water issue in Federal court because you're told your
    suit has no standing since your tribe doesn't exist.
        Or, imagine being told that the only reason you're seeking Federal
    recognition is to establish a gambling casino.
        Or, imagine the Indian mission school that your grandparents and
    your parents attended receiving Federal recognition as a historic
    landmark, but yet you and your daughters and sons not recognized by the
    Federal Government as Native Americans.
        Mr. Chairman, these are just a few of the examples of the
    indignities visited upon the members of the six tribes present here
    today.
        I mention these indignities because they are part of a shameful
    legacy experienced in our lifetime. Some are indignities that are still
    visited upon members of the tribes today.
        More to the point, this legacy has also complicated these tribes'
    quest for Federal recognition, making it difficult to furnish
    corroborating state and official documents. It wasn't until 1997 when
    then Governor George Allen signed legislation directing state agencies
    to correct state records that had deliberately been altered to list
    Virginia Indians on official state documents as ``colored.'' In recent
    years, the Virginia tribes have filed their petitions with the Bureau
    of Indian Affairs. They have no deep pockets and lack the financial
    means to rigorously pursue the lengthy and resource intensive petition
    process. Even more discouraging, they have been told by bureau
    officials not to expect to see any action on their petitions within
    their lifetime. The GAO study this committee reviewed earlier this year
    confirms this backlog.
        Asking them to wait another 10 years or more is not what these
    tribes deserve. Many of the members are elderly and in need of medical
    care and assistance. They lack health insurance and pensions because
    past discrimination denied them opportunities for an advanced education
    and a steady job. Federal recognition would entitle them to receive
    health and housing assistance.
        It would be one of the greatest of ironies and a further injustice
    to these tribes if in our efforts to recognize the 400th anniversary of
    the first permanent European settlement in North America, we had failed
    to recognize the direct descendants of the Native Americans who met
    these settlers.
        Before closing, let me touch upon one issue, the issue of gambling,
    that may be at the forefront of some Members' concerns. In response to
    such concerns, I have worked with Rep. Jo Ann Davis and others in the
    Virginia congressional delegation to close any potential legal
    loopholes in this legislation to ensure that the Commonwealth of
    Virginia could prevent casino-type gaming by the tribes. Having
    maintained a close relationship with many of the members of these
    tribes, I believe they are sincere in their claims that gambling is
    inconsistent with their values. Many of the tribes live in rural areas
    with conservative family and religious beliefs. All six tribes have
    established non-profit organizations and are permitted under Virginia
    law to operate bingo games. Despite compelling financial needs that
    bingo revenues could help address, none of the tribes are engaged in
    bingo gambling.
        Mr. Chairman, the real issue for the tribes is one of
    acknowledgment and the long overdue need for the Federal Government to
    affirm their identity as Native Americans. I urge you to proceed with
    action on this proposal.
        Thank you again for arranging this hearing.
                                     ______

      Prepared Statement of Michael R. Smith, Director, Tribal Services,
                            Bureau of Indian Affairs

        Good morning, Mr. Chairman and members of the committee. My name is
    Mike Smith and I am the Director for the Office of Tribal Services
    within the Bureau of Indian Affairs at the Department of the Interior.
    I am here today to provide the Administration's position of opposition
    to S. 2694, a bill to ``extend Federal recognition to the Chickahominy
    Tribe, the Chickahominy Indian Tribe, Eastern Division, the Upper
    Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Tribe, and
    the Nansemond Tribe.''
        Under 25 CFR Part 83, groups seeking Federal acknowledgment as
    Indian tribes are reviewed in a thorough and objective manner. Each
    petitioning group must demonstrate that they meet all the seven
    mandatory criteria established in these Federal regulations. The seven
    mandatory criteria are that a petitioner: (1) demonstrates that it has
    been identified as an American Indian entity on a substantially
    continuous basis since 1900; (2) demonstrates that a predominant
    portion of the petitioning group comprises a distinct community and has
    existed as a community from historical times until the present; (3)
    demonstrates that it has maintained political influence or authority
    over its members as an autonomous entity from historical times until
    the present; (4) provides a copy of the group's present governing
    document including its membership criteria. In the absence of a written
    document, the petitioner must provide a statement describing in full
    its membership criteria and current governing procedures; (5)
    demonstrates that its membership consists of individuals who descend
    from a historical Indian tribe or from historical Indian tribes which
    combined and functioned as a single autonomous political entity; (6)
    demonstrates that the membership of the petitioning group is composed
    principally of persons who are not members of any acknowledged North
    American Indian tribe, and (7) demonstrates that neither the petitioner
    nor its members are the subject of congressional legislation that has
    expressly terminated or forbidden the Federal relationship. A criterion
    shall be considered met if the available evidence establishes a
    reasonable likelihood of the validity of the facts relating to that
    criterion. A petitioner must satisfy all seven of the mandatory
    criteria in order for tribal existence to be acknowledged.
        All six of these groups who would benefit from enactment of S.
    2694, have submitted letters of intent and partial documentation to
    petition for Federal acknowledgment. However, none of these petitioning
    groups have submitted completed documented petitions demonstrating
    their ability to meet all seven mandatory criteria.
        The Federal acknowledgment regulations provide a uniform mechanism
    to review and consider groups seeking Indian tribal status. This
    legislation, however, allows these groups to bypass these standards--
    allowing them to avoid the scrutiny to which other groups have been
    subjected.
        This concludes my prepared statement. I will be happy to answer any
    questions the committee may have.

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