[Congressional Record Volume 149, Number 64 (Thursday, May 1, 2003)]
[Extensions of Remarks]
[Page E853]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


 THOMASINA E. JORDAN INDIAN TRIBES OF VIRGINIA FEDERAL RECOGNITION ACT

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                          HON. JAMES P. MORAN

                              of virginia

                    in the house of representatives

                         Thursday, May 1, 2003

  Mr. MORAN of Virginia. Mr. Speaker, today I am joined by my fellow 
Virginians Reps. Jo Ann Davis, Tom Davis, Bobby Scott, and Edward 
Schrock and Rep. Neil Abercrombie of Hawaii in introducing the 
``Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition 
Act.''
  This legislation will grant federal recognition to six Indian tribes 
in Virginia: the Chickahominy Tribe, Chickahominy Indian Tribe Eastern 
Division, the Upper Mattaponi, the Rappahannock Tribe, the Monacan 
Tribe, and the Nansemond Tribe.
  As we approach the 400th anniversary of the first permanent European 
settlement in North America, we are long overdue in recognizing the 
direct descendants of the native Americans, who met these settlers. We 
must acknowledge these historic tribes and the significance of their 
heritage. Together, the men and women of these tribes represent a long 
neglected part of our nation's history.
  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 the 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 one year. Married couples 
were denied marriage certificates or even unable to obtain the release 
of their newborn child from a hospital until they changed their 
ethnicity on the state record to read ``colored,'' not ``Native 
American.'' For much of the 20th Century admission to public schools 
education was denied. These and other indignities are part of a 
shameful legacy experienced in our lifetime.
  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.''
  Federal recognition would provide what the government has long 
denied, legal protections and financial obligations, including certain 
social services and benefits the federal government provides the 562-
recognized tribes.
  I know that the gambling issue may be at the forefront of some 
people's concerns. In response to this concern, I have worked to close 
any potential legal loopholes in this legislation to ensure that the 
state 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. This position is already borne out by the fact that 
none of the tribes today engage in bingo gambling despite the fact that 
they have all established non-profit organizations that are permitted 
under Virginia law to operate bingo games despite compelling financial 
needs that revenues from bingo could address.
  The real issue for the tribes is one of recognition and the long 
overdue need for the federal government to affirm their identity as 
Native Americans. Coupled with this affirmation is an opportunity for 
the tribes to establish a more equitable relationship with the state 
and secure federal financial assistance for the tribes' social 
services, health care and housing needs. Many of their older members 
face the prospect of retiring without pensions and health benefits that 
most Americans take for granted.
  I urge my colleagues to support this legislation.

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