[Congressional Record Volume 148, Number 88 (Thursday, June 27, 2002)]
[Senate]
[Pages S6255-S6256]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ALLEN (for himself and Mr. Warner):
  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; to the Committee on Indian Affairs.
  Mr. ALLEN. Mr. President, I rise in support of Virginia's Indian 
Tribes and to introduce a bill to extend Federal recognition to six of 
Virginia's Indian Tribes.
  These Tribes have a rich tradition and history, not only for 
Virginia, but also for the Nation as a whole. My bill will recognize 
the Chickahominy Tribe; the Chickahominy Tribe Eastern Division; the 
Upper Mattaponi Tribe; the Rappahannock Tribe; the Monacan Tribe; and 
the Nansemond Tribe.
  The title of the bill is the ``Thomasina E. Jordan Indian Tribes of 
Virginia Federal Recognition Act''. For me, this legislation also has a 
very personal aspect to it. Thomasina Jordan

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was a dear friend of mine. As Governor of Virginia, I appointed 
Thomasina as Chair of the Virginia Council on Indians, and she served 
as an advisor to me in many ways over the years. Thomasina was a great 
leader and civil rights activist in Virginia, paving the way for this 
legislation. Regrettably, she passed away in 1999 after a long and 
courageous battle with cancer. I offer this legislation in her memory 
as her last battle on earth was for Federal recognition of Virginia's 
tribes. Thomasina's efforts to ensure equal rights and recognition to 
all American Indians continue today in spirit because she was able to 
have an effect on the lives of so many individuals and encourage many 
to join her quest for fairness, honor and justice.
  The American Indians in Virginia contribute to the diverse, exciting 
nature and heritage of the Commonwealth of Virginia. Virginians are 
united in their desire to honor these first residents and I am pleased 
that Senator Warner and I are able to join Virginia's House Delegation 
in offering this legislation.
  There are more than 550 federally recognized Tribes in the United 
States. While no Tribes have been federally recognized in Virginia, the 
Commonwealth of Virginia has recognized the eight main tribes. 
According to the U.S. Census Bureau, there are over 21,000 American 
Indians living in Virginia.
  ``Federally recognized'' means these tribes and groups can enjoy a 
special legal relationship with the U.S. government where no decisions 
about their lands and people are made without Indian consent. It is 
important that we give Federal recognition to these proud Virginia 
tribes so that they cannot only be honored in the manner they deserve 
but also for the many benefits that federal recognition would provide.
  Members of federally recognized tribes, most importantly, can qualify 
for grants for higher education opportunities.
  There is absolutely no reason why American Indian Tribes in Virginia 
should not share in the same benefits that so many Indian tribes around 
the country enjoy.
  The Indian Tribes in Virginia have one of the longest histories of 
any Indian tribe in America, which is a remarkable point considering 
none of the tribes in Virginia are federally recognized. As Virginia 
approaches the 400th anniversary of the 1607 founding of Jamestown, the 
first permanent English settlement in North America, it is crucial that 
the role of Indian tribes in Virginia in the development of our 
Commonwealth and our country are properly recognized and appreciated.
  There are three routes that an Indian Tribe can pursue in order to 
receive Federal recognition. One, the tribe can apply for 
administrative recognition through the Bureau of Indian Affairs, which 
all these Virginia Tribes have done. Two, a tribe can gain Federal 
recognition through an act of Congress. And three, the tribe can obtain 
Federal recognition through legal proceedings in the court system.
  There has been a sharp increase in recent years of the number of 
tribes seeking Federal recognition via an application to the Bureau of 
Indian Affairs. However, the General Accounting Office recently 
reported that, while the workload at the Bureau of Indian Affairs has 
increased dramatically, the resources to handle the large volume of 
applications has actually decreased. Since 1978, the Bureau of Indian 
Affairs has processed only 32 of the 150 applications it received, 
deciding favorably on only 12 of them. In fact, BIA averages only 1.3 
completed applications a year. The route of Federal recognition through 
the Bureau of Indian Affairs and Bureau of Acknowledgement and 
Recognition is a cumbersome and lengthy process, which has taken 
sometimes over 20 years for an application to be decided upon.
  In 1999, the Virginia General Assembly passed a resolution calling on 
the U.S. Congress to grant Federal recognition to the tribes in 
Virginia. Identical legislation to what I introduce today has already 
been introduced in the House. I join my House colleagues, Mr. Moran of 
Virginia, Mrs. Jo Ann Davis of Virginia, Mr. Tom Davis of Virginia, Mr. 
Scott, Mr. Schrock, Mr. Boucher, and Mr. Forbes in this important 
endeavor.
  The precedent has already been set for the second route for 
attainment of Federal recognition, through an act of Congress. Since 
the 93rd Congress (1973-1974), Congress has restored Federal 
recognition to eighteen tribes and has granted seven new Federal 
recognitions to tribes. In 2000, Congress passed a law to grant new 
Federal recognition to the Shawnee Indians as a separate tribe from the 
Cherokee Nation of Oklahoma and another law to restore Federal 
recognition to the tribe of Graton Rancheria of California. It is time 
that Virginia's tribes receive the same recognition.
  The main goal of this legislation is to establish a more equitable 
relationship between the tribes and the State and Federal Government.
  While I understand that some may have a concern that Federal 
recognition of Indian tribes may lead to the establishment of gaming 
operations within a State, this is not the case. As a result of the 
1988 Indian Gaming Regulatory Act, federally recognized Indian Tribes 
can conduct only the gaming operations that are authorized by State 
law. Tribes are unable to operate casinos, slot machines or card games 
unless approved by a specific State/Tribe Compact. My bill includes 
language restating this point to make it clear that nothing in the Act 
provides an exception to the Indian Gaming Regulatory Act. Ultimately, 
it gives proper coverage under Virginia law so as not to provide 
special gaming privileges.
  This legislation not only lays out the path for granting Federal 
recognition to six American Indian Tribes in Virginia, but it also 
honors and details the proud history of each of the six Tribes.
  The Virginia tribes have fought hard to retain their heritage and 
cultural identity, and it is my hope that this legislation be seen as a 
way to recognize this identity.
  As Americans, we need to appreciate the many contributions American 
Indians have made to our Nation in order to make it the great country 
it is today. Thomasina Jordan once wrote: ``We belong to this land. For 
10,000 years we have been here. We were never a conquered people. The 
dominant society needed us to survive in 1607, and it needs American 
Indians and our spiritual values to survive in the next millennium.'' 
The Commonwealth of Virginia has realized that it needs its proud 
Indian tribes. This bill is another step toward recognizing and 
appreciating this special relationship.
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