[Senate Report 108-259]
[From the U.S. Government Publishing Office]
Calendar No. 500
108th Congress Report
SENATE
2d Session 108-259
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TO EXTEND FEDERAL RECOGNITION TO THE CHICKAHOMINY INDIAN TRIBE, THE
CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION, THE UPPER MATTAPONI TRIBE,
THE RAPPAHANNOCK TRIBE, INC., THE MONACAN INDIAN NATION, AND THE
NANSEMOND INDIAN TRIBE
_______
May 6, 2004.--Ordered to be printed
_______
Mr. Campbell, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 1423]
The Committee on Indian Affairs, to which was referred the
bill (S. 1423) to extend Federal recognition to the
Chickahominy Indian Tribe, the Chickahominy Indian Tribe--
Eastern Division, the Upper Mattaponi Tribe, the Rappahannock
Tribe, Inc., the Monacan Indian Nation, and the Nansemond
Indian Tribe, having considered the same, reports favorably
thereon with amendment(s) and recommends that the bill (as
amended) do pass.
PURPOSE
The purpose of the Thomasina E. Jordan Indian Tribes of
Virginia Federal Recognition Act of 2003 (S. 1423) is to extend
Federal recognition and the rights and benefits associated with
such recognition to the Chickahominy Indian Tribe, the
Chickahominy Indian Tribe--Eastern Division, the Upper
Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan
Indian Nation, and the Nansemond Indian Tribe--all Indian
tribes recognized by the Commonwealth of Virginia.
BACKGROUND
Brief history of the Virginia Indian tribes
When English settlers established the Jamestown Colony in
1607, there were approximately 40 Indian tribes extant in what
is now the Commonwealth of Virginia (the ``Commonwealth'').
Three groups--the Cherokees in the far southwest corner of
the state and the Nottoways and Meherrins in south-central
Virginia--spoke Iroquoian languages. Therewere two major
alliances of Siouan-speakers, the Monacans and the Mannahoacs, in the
Virginia Piedmont, and approximately 30 tribes in the Tidewater area
which spoke Algonquian dialects.
To sustain their communities the Virginia tribes relied on
farming (corn, beans, and squash) and gathering wild plants,
fishing, and hunting. All had fairly formalized political
organizations, though they lacked writing skills. The Powhatans
had a hereditary paramount chief, a position held by Powhatan
himself. Given their distance from the record-making English of
Jamestown, less is known about the Monacans in 1607. However,
the Monacans or their not-so-distant ancestors were mound-
builders which may indicate they had chiefs as well.
The Indian chiefs of Virginia led their people in
alternately resisting and accommodating the flood of English
settlers that poured into Virginia's Tidewater area in the 17th
century. Thus in 1677, the Powhatans, Monacans and others
signed a treaty with the English crown that guaranteed to the
tribes land to live on and civil rights equal to those of
English citizens.\1\ The 1677 treaty is still in force and two
reservations continue to survive in Virginia. Unfortunately,
most of the tribes were forced to move from their lands due to
in-migration from English settlers.
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\1\ The last treaty that governed the relations of the Virginia
tribes and the Colony of Virginia was the 1677 Middle Plantation
Treaty.
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The Monacans lived far enough west that no reservation land
was ever surveyed for them before the influx of English
settlers in the 1720 to 1760 period. Instead of engaging the
settlers the Monacans quietly withdrew westward to the foot of
the Blue Ridge mountains. By this time the Powhatans' territory
had been reduced to three small reservations, the smallest
occupied by ancestors of the Chickahominies and Upper
Mattaponis, among others.
In 1705, the Rappahannocks were relocated a few miles away
from their original reservation. The Nansemonds, assigned a
poor, sandy tract in 1664 far from their Nansemond River home,
declined to inhabit the land and by 1685 had sold their land.
In the late 17th or early 18th century they migrated to the
northern rim of the Great Dismal Swamp. Sometime in the late
18th or early 19th century, the ancestors of the Chickahominies
and Upper Mattaponis left the Mattaponi Reservation and
established separate enclaves for reasons that remain unknown.
The Virginia Indian populations were small enough that
after 1722 their concerns were not addressed in peace
negotiations between Virginia and the Iroquois.
After the American Revolution, the Commonwealth of Virginia
assumed the responsibility of the English Crown under the 1677
\2\ treaty that guaranteed the rights of the ``reservation
Indians''. Unfortunately, having been pushed off their lands
prior to the American Revolution, the landless Indian
communities generally did not show up in either the colonial or
Commonwealth records in 18th and early 19th century Virginia.
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\2\ Supra Note 1.
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Essentially, the Commonwealth government assumed that the
1677 treaty no longer applied to the tribes that are the
subject of S. 1423, and they were not accorded the rights
specified in that treaty. No enabling legislation to that
effect was passed, and the Commonwealth's position was not
challenged--a fact that would have serious, negative
repercussions for the Virginia tribes in the 20th century.
It is probable that landless Indian communities, such as
the tribes that are the subject of S. 1423 and the individual
Indians within those communities, did have a presence in their
local communities and would have shown up in the local records
in Virginia. Unfortunately, most of those local records were
destroyed during the Civil War period from 1861-1865.
There are also other problems associated with finding
references to Indian people in the records of local governments
within the Commonwealth. In the 18th and early19th centuries,
Indian people began adopting Anglo-American names, language, and
customs in order to survive which made them less outwardly ``Indian''
to their neighbors. Indeed, by 1727 official interpreters to Indian
communities were no longer necessary as most Indian people who
interacted with the Commonwealth government spoke English.
Another hindrance to appearing in local records was the
socio-economic status of most Virginia Indians. Until late in
the 19th century they lived in a social stratum of people who
tended to rent land, contract common-law marriages, and die
intestate, i.e. without a will.
People in such circumstances got into the records mainly if
they ran afoul of the law, something the Virginia Indians did
not do; they were law-abiding citizens and thus were nearly,
but not completely, ``invisible''.
When more detailed records began to be compiled, especially
beginning with the 1850 U.S. Census, geographical clusters of
Indian families appear, living largely where the six tribes
reside today. Local records show them choosing spouses from
within their own communities to a very large degree.
In 1833, the Nansemond Indian community became ``visible''
for another reason: a state law was passed--at the behest of
their local member of the Virginia House of Delegates--creating
a special racial category in which they could be certified by
the local county court. See Acts of the Virginia Assembly 1832-
33, p. 51. The category was officially called ``Persons of
Mixed Blood, Not Being Free Negroes or Mulattoes'' and the
county clerk responsible for completing and filing the required
certificates simply classified the Nansemonds as ``Indians''.
Community institutions such as churches and schools changed
after the Civil War. Whereas before the war, churches in
Indian-inhabited areas had been tri-racial and included
segregated seating, after the war they became segregated
altogether, with non-white congregations separated entirely.
Indians who attended African-American churches were labeled
``colored'' (i.e. African-American) themselves. The
Commonwealth's public schools were poorly funded before the war
and admitted only whites. Indeed, between 1831 and 1865, it was
illegal to teach non-whites to read.
During Reconstruction, the administration of public schools
became a serious matter for each county and segregated schools
were established in many areas of Virginia. While ``white''
schools did not admit Indians, ``colored'' schools did, but any
Indian children attending them, and their families, lost any
credibility they had as ``Indians''. Counties were reluctant to
fund Indian schools if the Indian population was small or if
the local white population was skeptical about the Indians'
lineage.
After the Civil War, it became increasingly difficult for
Virginia's Indians to live quietly among their own people and
preserve their traditions and they were obliged to begin
responding actively and publicly to new pressures from outside.
For Virginia's Indians, therefore, the post-Civil War era was a
time when they struggled against great obstacles to establish
separate Indian churches and schools.
The Chickahominy Tribe, being relatively large as well as
closely clustered, founded a church, a county-funded school,
and incorporated as a tribe in the early 20th century. For
others of the six tribes, the church came first. For instance
the Nansemond and Monacan churches were established in the mid-
19th and early 20th centuries, respectively, by sympathetic
whites. The other groups formed their own Baptist congregations
and joined the predominantly white Dover Baptist Association.
For still other tribes, the creation of formal organization
came first, as in the case of the Rappahannocks and Upper
Mattaponis who were encouraged in the 1920s to formalize their
tribal government by Dr. Frank Speck, an anthropologist from
the University of Pennsylvania.
The Rappahannocks were the last to achieve a county-funded
school, because they were spread thinly over no fewer than
three counties. Very few of the tribal schools offered high
school-level courses and, as a result, many Indian students
could not earn a high school diploma or had totravel to out-of-
state Indian high schools to earn a diploma.
Passage of Virginia's ``Racial Integrity Law'' in 1924
brought the most difficult challenges to Virginia Indian
efforts to maintain their native cultures and preserve their
tribal integrity. Enactment of the law, which forced all
segments of Virginia's population to register as either white
or colored at birth was the creation of Dr. Walter Plecker, at
the time the head of the Commonwealth's Bureau of Vital
Statistics. Through the Racial Integrity Law, Dr. Plecker made
it illegal for individuals to classify themselves or their
newborn children as ``Indian''.
Dr. Plecker took further steps in his effort to implement
his policies by changing the birth records of many Virginia
Indians, altering the records so that the Indian individuals
would be identified as colored. These policies and activities
did irreparable harm to the historical documentation of
Virginia's Indians and worse, left many individuals of Indian
heritage unaware of their ancestors and culture. The Racial
Integrity Law remained on the statute books for 46 years and
resulted in the destruction of thousands of records that traced
and recorded the ancestry of Virginia's tribes.
In the years leading up to and including the years of World
War II--when the racial classification of draftees into the
segregated U.S. Armed Forces created an especially awkward
situation--the Chickahominy chief and several friends of the
Virginia tribes wrote to John Collier, Commissioner of Indian
Affairs in Washington, seeking the intervention of the Bureau
of Indian Affairs on behalf of the Virginia Indians.
Collier replied that because the Federal government had no
legal responsibility for the Virginia tribes due to the lack of
a treaty or other legal instrument with the U.S. government, he
had no power to intervene though he did write a series of
strong letters to the Vital Statistics Registrar as a private
citizen.
Pressure on Virginia Indians to blend into the colored
category continued well into the Civil Rights Era. It is proof
of the genuineness of their feelings of being Indian that once
``whiteness'' could be legally claimed by anyone, Virginia
Indians persisted in claiming Indian lineage.
One consequence of the Civil Rights Era was an end to all
racially-segregated schools, and the Virginia tribes lost their
Indian-only schools. Though they could now get high school
diplomas from the integrated schools, they had lost a major
symbol of their ethnic separateness and institution they could
claim as their own.
They compensated by securing Federal grants to improve
homes and school programs, as well as becoming active in
several pan-Indian organizations. However, the new major symbol
of the Indian communities became buildings used as tribal
centers, whether these were newly built or former Indian
schoolhouses that were reclaimed and renovated. The centers
have become not only places for tribal meetings and school
activities, but also focal points for events that are open to
the public, such as powwows, fish fries, and country music
festivals.
Thanks to the educational and job opportunities opened up
in the Civil Rights Era, the six Virginia tribes seeking
Federal acknowledgment in S. 1423 have nearly full employment
today. The majority of them are working-class people, with an
increasing number of white-collar employees. Like other
Americans in similar economic circumstances, they often find
themselves falling between two categories--not being poor
enough for government assistance, nor prosperous enough to pay
for privately-secured educational and medical expenses.
The six Virginia Indian tribes seeking Federal
acknowledgment through this legislation have encountered
several periods of serious adversity since the Jamestown Colony
was founded. The most striking thing about the history of the
Virginia tribes is that their responses to adversity have been
overwhelmingly constructive ones: they lost all but the
smallest remnant of their aboriginal territory, and yet they
have abided by treaties and in the 20th century they have shown
themselves, by the number of their men in military service both
in and out of war-time, to be very patriotic citizens indeed.
The Virginia tribes were put under tremendous pressure to
be something other than Indian in the last two centuries, yet
rather than accommodating these pressures, their leaders became
adept at networking and using the mass media to try to preserve
their Indian status. The Indian communities lost the tribal
schools they had struggled so long and hard to attain, so they
replaced them with tribal centers where they could sponsor
outreach events for the general public.
The early Jamestown Colony wanted Virginia's native people
to become good, functioning citizens of an English-speaking
community. This is precisely what the Virginia tribes have
done, while remaining Indian throughout history.
Federal acknowledgment process criteria
On October 9, 2002, the Committee on Indian Affairs held a
hearing on S. 2694, the predecessor bill to S. 1423. The
testimony indicated that the tribes would likely meet all of
the mandatory criteria set forth in the Bureau of Indian
Affairs' Federal Acknowledgment Process (FAP).\3\ See 25 C.F.R.
Sec. 83.1 et seq.
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\3\ Much of this evidence has been compiled by Helen C. Rountree,
Ph.D. She first began researching the history of Virginia Indian tribes
in the 1960s. She is considered one of the foremost modern scholars on
the Virginia Indian Tribes, and began publishing her research in 1972.
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The hearing also pointed out the severe difficulties
encountered by tribes that have been in nearly continuous
contact with non-Indians for almost 400 years. Many
circumstances beyond the control of these tribes led to the
destruction of much physical evidence important to their
petitions for acknowledgment under the FAP.
First, information presented at the hearing provided
significant evidence of the historical and continuing existence
of the Indian tribes in Virginia. Colonial documents provide a
compelling story of the survival of these tribes as they were
pushed off their reservations and had their treaty rights
ignored.\4\ Many records, it was shown, were destroyed during
the Civil War.
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\4\ See supra Note 1.
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After the Civil War and into the early 20th Century,
available records indicate continuing recognition of the tribal
communities as Indian. Birth records and marriage registers
note Indian identity and also indicate significant rates of
marriage within the tribes. United States Census records from
1850, 1910 and 1930 also report these communities as Indian.
The sum of this evidence indicates strongly that the six
tribes meet the criteria contained in 25 C.F.R. Sec. 83.7(a)
and Sec. 83.7(b), which require proof of identity as Indian
entities and as distinct communities.
Second, at the hearing the tribes presented substantial
evidence of their historical and current political influence.
The retention of their close-knit communities is significant,
especially in light of the increasing hostility toward non-
white communities in Virginia after the Civil War. After the
Civil War, and culminating in the Racial Integrity Law, as
described above, the Commonwealth passed a series of laws
designed to restrict the civil rights of nonwhites. The
consequence of these laws is that many vital records of the
members of the tribes were destroyed or altered by state
officials.
The response of the tribes to these challenges was to
reorganize their communities more formally. They adopted
corporate charters, and began electing leaders by ballot. They
also built and funded separate, Indian-only churches and
schools. Significantly, while the tribal schools were not able
to provide a high school degree, a number of the Indian
students were accepted into Indian high schools in Cherokee,
North Carolina, and Bacone College, in Muscogee, Oklahoma.
Following desegregation, when the tribes could no longer
operate separate schools, the tribes built community centers
where they could once again celebrate their cultures and
traditions. They began holding pow-wows and other traditional
seasonal celebrations. They also became involved with other
Indian tribes and organizations. Very importantly, they also
began reviving their relationshipswith the Commonwealth. These
efforts led to reacknowledgment of these relationships by Virginia in
1983, and passage of a legislative resolution in 1999 by the Virginia
Senate and House of Delegates in support of the tribes' Federal
recognition efforts.
These efforts provide powerful evidence of the tribes'
political cohesion and organization, meeting the criteria in 25
C.F.R. Sec. 83.7(c) and Sec. 83.7(d). This evidence also
bolsters the evidence needed by the tribes to prove their
identity as Indian entities and distinct communities.
Finally, the Virginia tribes have to the greatest degree
possible maintained accurate records of their membership.
Fortunately, studies by James Mooney in the late 19th Century
and James Coates in the early 20th provided bases for
membership rolls. These rolls provide the tribes with an
accurate base roll from which to maintain lists of members, and
provide evidence that the tribes meet the criteria of 25 C.F.R
Sec. 83.7(f). The efforts of the Virginia tribes to accurately
document their personal records was greatly aided by then
Virginia Governor George Allen, who obtained legislation in
1997 that acknowledged the role of the Commonwealth in altering
vital records and allowing individual Indians to correct their
vital records where possible. Since the Virginia tribes have
never sought to be identified as members of any other Indian
tribes, nor has any Federal legislation expressly denied them
Federal recognition, Sec. 83.7(8) and Sec. 83.7(h) are also
satisfied.
In light of this substantial evidence, and the unique
history and circumstances they have borne over the past 400
years, it is the considered view of the Committee that the six
Virginia tribes affected by this legislation are, and have
always been, Indian tribes warranting acknowledgment by the
Federal government.
SUMMARY OF MAJOR PROVISIONS
The Thomasina E. Jordan Indian Tribes of Virginia Federal
Recognition Act of 2003 would extend Federal acknowledgment to
the Chickahominy Indian Tribe, the Chickahominy Indian Tribe
Eastern Division, the Upper Mattaponi Tribe, the Rappahannock
Tribe, Inc., the Monocan Indian Nation, and the Nansemond
Indian Tribe.
The legislation contains a Findings section for each of the
six tribes, outlining the unique history of each tribe and an
account of the challenges they overcame to maintain their
Indian heritage.
The Definitions portion of the bill provides the meaning of
three terms used throughout the bill to clarify the intent of
the measure and to whom it pertains. These terms are (1)
``Secretary''; (2) ``tribal member''; and (3) ``tribe''.
For each tribe, the legislation includes a Federal
Recognition section, extending Federal recognition to the
respective tribes and making them eligible for all services and
benefits provided by the Federal government to Federally
recognized tribes. Additionally, the bill defines a service
area for each of the six tribes.
The bill provides that, upon enactment, each tribe must
submit its most recent membership roll and governing documents
to the Secretary of the Interior.
The governing body of each tribe will be the governing body
in place at the date of enactment of the bill and any
subsequent governing body will be elected in accordance with
the election procedures specified in the governing documents of
that tribe.
For five of the six tribes, the legislation provides a
twenty-five year period of time for land to be taken into trust
by the Secretary of the Interior. A geographic description of
the land is included for the five tribes based on existing
parcels of land owned by the tribes. The bill directs the
Secretary to take this land into trust.
Because the Nansemond Indian tribe does not currently own
any land, the legislation does not direct the Secretary to take
any land into trust for the tribe, but authorizes the Secretary
to consider future requests from the tribe.
The legislation includes provisions which prohibitgaming by
any of the six tribes under section 209(b)(1)(B) of the Indian Gaming
Regulatory Act, Pub. L. 100-497 (25 U.S.C. Sec. 2701 et seq.). The
intent and effect of these provisions are to prohibit gaming beyond
those games already permitted by the Commonwealth of Virginia. It would
also condition any such gaming on the satisfaction of a number of
requirements including the consent of the Governor of Virginia.
Last, the legislation includes a ``hold harmless'' clause
providing that the bill does not expand, reduce or affect any
hunting, fishing, trapping, gathering or water rights of the
tribes or their members.
LEGISLATIVE HISTORY
The Thomasina E. Jordan Indian Tribes of Virginia Federal
Recognition Act was introduced as S. 2694 on June 27, 2002, by
Senator Allen for himself and Senator Warner. The bill was
referred to the Committee on Indian Affairs.
On Wednesday, October 9, 2002, a hearing on S. 2694 was
conducted by the Committee on Indian Affairs. Appearing before
the Committee in support of the legislation were Congressman
James Moran and Senator Warner of Virginia. Both voiced strong
support for the measure and provided strong testimony endorsing
passage of S. 2694.
Also testifying was Michael Smith, Director of Tribal
Services at the Bureau of Indian Affairs. In voicing concerns
with the legislation providing Federal recognition of the
Virginia tribes and the application submitted by them, Mr.
Smith acknowledged that the administrative process for Federal
recognition is flawed and cannot meet the needs of petitioning
tribes in a timely manner.
Additionally, Director Smith conceded that there may be
circumstances beyond the control of the Virginia tribes that
would make the administrative process virtually impossible to
complete.
Finally, Reverend Jonathan Barton of the Virginia Council
of Churches and Dr. Danielle Moretti-Langholtz of the
Department of Anthropology at the College of William and Mary
testified to the strong support of the local communities for
extending Federal recognition and to the historical accuracy of
both the legislation and the pending petition to the Bureau
Acknowledgment and Research.
On July 17, 2003 the Thomasina E. Jordan Indian Tribes of
Virginia Federal Recognition Act was introduced as S. 1423 by
Senator Allen for himself and Senator Warner. On October 29,
2003 the measure was ordered to be reported favorably out of
the Indian Affairs Committee by a voice vote.
SECTION-BY-SECTION ANALYSIS
Sec. 1. Short title
This Act may be cited as the Thomasina E. Jordan Indian
Tribes of Virginia Federal Recognition Act of 2003.
TITLE I--CHICKAHOMINY INDIAN TRIBE
Sec. 101. Findings
This section provides Congressional Findings on the history
of the Chickahominy Indian Tribe.
Sec. 102. Definitions
This section provides definitions for terms used throughout
the remainder of the Title. The terms defined in this section
are: Secretary, Tribal Member, and Tribe.
Sec. 103. Federal recognition
This section extends Federal acknowledgment to the
Chickahominy Indian Tribe. This section also includes
applicable laws, an explanation of services and benefits and
the establishment of a service area.
Sec. 104. Membership; governing documents
This section provides that the Tribe must provide the most
recent membership roll and governing documents to the Secretary
before the date of enactment of the legislation.
Sec. 105. Governing body
This section establishes requirements for the tribe's
governing body and any futuregoverning bodies of the tribe.
Sec. 106. Reservation of the tribe
Within twenty-five years of enactment, this section directs
the Secretary to take into trust any land within the counties
of Charles City, James City, or Henrico that the tribe seeks to
transfer to the Secretary.
Section 106 also establishes limitations on gaming by the
tribe, by providing that no reservation of tribal land shall be
deemed eligible to satisfy terms for an exception under section
20(b)(1)(B) of the Indian Gaming Regulatory Act.
Sec. 107. Hunting, fishing, trapping, gathering, and water rights
This section states that nothing in the bill expands,
reduces or affects existing hunting, fishing, trapping,
gathering, or water rights of the tribe and its members.
TITLE II--CHICKAHOMINY INDIAN TRIBE EASTERN DIVISION
Sec. 201. Findings
This section provides Congressional Findings on the history
of the Chickahominy Indian Tribe Eastern Division.
Sec. 202. Definitions
This section provides definitions for terms used throughout
the remainder of the Title. The terms defined in this section
are: Secretary, Tribal Member, and Tribe.
Sec. 203. Federal recognition
This section would extend Federal acknowledgment to the
Chickahominy Indian Tribe Eastern Division. This section also
includes applicable laws, an explanation of services and
benefits and the establishment of a service area.
Sec. 204. Membership; governing documents
This section provides that the Tribe must provide the most
recent membership roll and governing documents to the Secretary
before the date of enactment of the legislation.
Sec. 205. Governing body
This section establishes requirements for the tribe's
governing body and any future governing bodies of the tribe.
Sec. 206. Reservation of the tribe
Within twenty-five years of enactment, this section directs
the Secretary to take into trust any land within the counties
of New Kent, James City, or Henrico that the tribe seeks to
transfer to the Secretary.
Section 206 also establishes limitations on gaming by the
tribe, by providing that no reservation of tribal land shall be
deemed eligible to satisfy terms for an exception under section
20(b)(1)(B) of the Indian Gaming Regulatory Act.
Sec. 207. Hunting, fishing, trapping, gathering, and water rights
This section states that nothing in the bill expands,
reduces or affects existing hunting, fishing, trapping,
gathering, or water rights of the tribe and its members.
TITLE III--UPPER MATTAPONI TRIBE
Sec. 301. Findings
This section provides Congressional Findings on the history
of the Upper Mattaponi Tribe.
Sec. 302. Definitions
This section provides definitions for terms used throughout
the remainder of the Title. The terms defined in this section
are: Secretary, Tribal Member, and Tribe.
Sec. 303. Federal recognition
This section would extend Federal acknowledgment to the
Upper Mattaponi Tribe. This section also includes applicable
laws, an explanation of services and benefits and the
establishment of a service area.
Sec. 304. Membership; governing documents
This section provides that the tribe must provide the most
recent membership roll and governing documents to the Secretary
before the date of enactment of the legislation.
Sec. 305. Governing body
This section establishes requirements for the tribe's
governing body and any future governing bodies of the tribe.
Sec. 306. Reservation of the tribe
Within twenty-five years of enactment, this section directs
the Secretary to take into trust any land within King William
County that the tribe seeks to transfer to the Secretary.
Section 306 also establishes limitations on gaming by the
tribe, by providing that no reservation of tribal land shall be
deemed eligible to satisfy terms for an exception under section
20(b)(1)(B) of the Indian Gaming Regulatory Act.
Sec. 307. Hunting, fishing, trapping, gathering, and water rights
This section states that nothing in the bill expands,
reduces or affects existing hunting, fishing, trapping,
gathering, or water rights of the tribe and its members.
TITLE IV--RAPPAHANNOCK TRIBE, INC.
Sec. 401. Findings
This section provides Congressional Findings on the history
of the Rappahannock Tribe, Inc.
Sec. 402. Definitions
This section provides definitions for terms used throughout
the remainder of the Title. The terms defined in this section
are: Secretary, Tribal Member, and Tribe.
Sec. 403. Federal recognition
This section would extend Federal acknowledgment to the
Rappahannock Tribe, Inc. The section also includes applicable
laws, an explanation of services and benefits and the
establishment of a service area.
Sec. 404. Membership; governing documents
This section provides that the tribe must provide the most
recent membership roll and governing documents to the Secretary
before the date of enactment of the legislation.
Sec. 405. Governing body
This section establishes requirements for the tribe's
governing body and any future governing bodies of the tribe.
Sec. 406. Reservation of the tribe
This section directs the Secretary to take into trust any
land within King and Queen County, Essex County, and Caroline
County, Virginia, that the tribe transfers to the Secretary.
Section 406 also establishes limitations on gaming by the
tribe, by providing that no reservation of tribal land shall be
deemed eligible to satisfy terms for an exception under section
20(b)(1)(B) of the Indian Gaming Regulatory Act.
Sec. 407. Hunting, fishing, trapping, gathering, and water rights
This section states that nothing in the bill expands,
reduces or affects existing hunting, fishing, trapping,
gathering, or water rights of the tribe and its members.
TITLE V--MONACAN INDIAN NATION
Sec. 501. Findings
This section provides Congressional Findings on the history
of the Monacan Indian Nation.
Sec. 502. Definitions
This section provides definitions for terms used throughout
the remainder of the Title. The terms defined in this section
are: Secretary, Tribal Member, and Tribe.
Sec. 503. Federal recognition
This section would extend Federal acknowledgment to the
Monacan Indian Nation. The section also includes applicable
laws, an explanation of services and benefits and the
establishment of a service area.
Sec. 504. Membership; governing documents
This section provides that the tribe must provide the most
recent membership roll and governing documents to the Secretary
before the date of enactment of the legislation.
Sec. 505. Governing body
This section establishes requirements for the tribe's
governing body and any future governing bodies of the tribe.
Sec. 506. Reservation of the tribe
Within twenty-five years of enactment, this section directs
the Secretary to take into trust a parcel of land consisting of
approximately ten acres located on Kenmore Road in Amherst
County, Virginia and a parcel of land consisting of
approximately one hundred sixty-five acres located at the foot
of Bear Mountain, in Amherst County, Virginia that the tribe
seeks to transfer to the Secretary.
Section 506 also establishes limitations on gaming by the
tribe, by providing that no reservation of tribal land shall be
deemed eligible to satisfy terms for an exception under section
20(b)(1)(B) of the Indian Gaming Regulatory Act.
Sec. 507. Hunting, fishing, trapping, gathering, and water rights
This section states that nothing in the bill expands,
reduces or affects existing hunting, fishing, trapping,
gathering, or water rights of the tribe and its members.
TITLE VI--NANSEMOND INDIAN TRIBE
Sec. 601. Findings
This section provides Congressional Findings on the history
of the Nansemond Indian Tribe.
Sec. 602. Definitions
This section provides definitions for terms used throughout
the remainder of the Title. The terms defined in this section
are: Secretary, Tribal Member, and Tribe.
Sec. 603. Federal recognition
This section would extend Federal acknowledgment to the
Nansemond Indian Tribe. This section also includes applicable
laws, an explanation of services and benefits and the
establishment of a service area.
Sec. 604. Membership; governing documents
This section provides that the tribe must provide the most
recent membership roll and governing documents to the Secretary
before the date of enactment of the legislation.
Sec. 605. Governing body
This section establishes requirements for the tribe's
governing body and any future governing bodies of the tribe.
Sec. 606. Reservation of the tribe
Authorizes the Secretary to take into trust for the benefit
of the tribe any land the tribe may acquire and transfers to
the Secretary.
Section 606 also establishes limitations on gaming by the
tribe, by providing that no reservation of tribal land shall be
deemed eligible to satisfy terms for an exception under section
20(b)(1)(B) of the Indian Gaming Regulatory Act.
Sec. 607. Hunting, fishing, trapping, gathering, and water rights
This section states that nothing in the bill expands,
reduces or affects existing hunting, fishing, trapping,
gathering, or water rights of the tribe and its members.
COMMITTEE RECOMMENDATION AND TABULATION OF VOTE
On October 29, 2003, the Committee on Indian Affairs, in an
open business session, considered an amendment to S. 1423 to
make a technical correction and the Committee, by a voice vote,
favorably reported the bill as amended and recommended that the
Senate pass the bill. Senator Craig Thomas requested that he be
recorded as opposing the legislation.
COST AND BUDGETARY CONSIDERATIONS
The cost estimate for S. 1423 as calculated by the
Congressional Budget office is set forth below:
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 22, 2004.
Hon. Ben Nighthorse Campbell,
Chairman, Committee on Indian Affairs, U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1423, the Thomasina
E. Jordan Indian Tribes of Virginia Federal Recognition Act of
2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lanette J.
Walker.
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 1423--Thomasina E. Jordan Indian Tribes of Virginia Federal
Recognition Act of 2003
Summary: S. 1423 would provide Federal recognition to six
Indian tribes in the State of Virginia--the Chickahominy Indian
Tribe, the Eastern Division of the Chickahominy Tribe, the
Upper Mattaponi Tribe, the Rappahonnock Tribe, the Monacan
Indian Nation, and the Nansemond Indian Tribe. CBO estimates
that implementing S. 1423 would cost the Federal Government
about $100 million over the 2004-2009 period, assuming that the
tribes receive services and benefits at a level similar to
other currently recognized tribes and that the necessary funds
are appropriated. Enacting S. 1423 would have no effect on
direct spending or revenues.
S. 1423 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no significant direct costs on State, local,
or tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1423 is shown in the following table.
The costs of this legislation fall within several budget
functions including 450 (community and regional development)
and 550 (health).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2004 2005 2006 2007 2008 2009
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Bureau of Indian Affairs:
Estimated authorization level............................... 0 4 4 4 4 4
Estimated outlays........................................... 0 3 4 4 4 4
Indian Health Service:
Estimated authorization level............................... 0 5 5 5 6 6
Estimated outlays........................................... 0 5 5 5 6 6
Other Federal Agencies:
Estimated authorization level............................... 0 11 11 11 12 12
Estimated outlays........................................... 0 8 11 11 12 12
Total:
Estimated authorization level............................... 0 20 20 21 22 22
Estimated outlays........................................... 0 14 19 21 21 22
----------------------------------------------------------------------------------------------------------------
Basis of estimate: S. 1423 would provide Federal
recognition to six Indian tribes in the State of Virginia.
Although the bill does not specifically authorize the
appropriation of funds, it would make members of such tribes
eligible to receive services through the Bureau of Indian
Affairs (BIA), the Indian Health Service (IHS), and other
agencies that offer services to tribes. Thus, those Federal
agencies would be required to include members of the tribes
among those eligible for benefits and would need additional
appropriated funds to provide such benefits. For this estimate,
CBO assumes that the bill will be enacted in 2004 and that the
necessary amounts will be provided each year, beginning in
2005.
Bureau of Indian Affairs
As Federally recognized tribes, the Virginia tribes would
be eligible for various programs administered by BIA, including
child welfare services, adult care, child and family services,
and general assistance. Based on information from the State of
Virginia, CBO estimates that there are about 2,800 members of
the affected tribes. Based on current per capita expenditures
of about $1,500 for tribal members eligible to receive BIA
services, CBO estimates that implementing S. 1423 would cost
about $4 million each year over the next 5 years, subject to
the availability of appropriated funds.
Indian Health Service
S. 1423 also would make members of the tribes affected by
the bill eligible to receive health benefits from the IHS.
Based on information from the IHS, CBO estimates that average
spending per eligible individual would be about $1,850 in 2005.
As noted above, the bill would make about 2,800 individuals
eligible for benefits. Thus, CBO estimates that S. 1423 would
cost about $5 million in 2005 and about $27 million over the
2004-2009 period, assuming appropriation of the necessary
funds.
Other agencies
Several other agencies, including those of the Departments
of Education, Housing and Urban Development, and Agriculture,
provide services to federally recognized tribes. Based on
information from the Office of Management and Budget, CBO
estimates that the current per capita cost for other agencies
that provide services to federally recognized tribes is about
$3,800 per member. Therefore, CBO estimates that implementing
S. 1423 would cost about $8 million in 2005 and $53 million
over the 2004-2009 period for other agencies to provide
services to the Virginia tribes, assuming the appropriation of
the necessary amounts.
Intergovernmental and private-sector impact: S. 1423
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no significant direct costs on
state, local, or tribal governments.
Estimate prepared by: Federal Costs: Lanette J. Walker--
Bureau of Indian Affairs and Other Agencies; Eric Rollins--
Indian Health Service. Impact on State, Local, and Tribal
Governments: Marjorie Miller. Impact on the Private Sector:
Cecil McPherson.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 1423, as
amended, will have a minimal impact on regulatory or paperwork
requirements.
EXECUTIVE COMMUNICATIONS
There have been no executive communications received on
this legislation.
CHANGES TO EXISTING LAW
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is show in roman). There are no changes to existing
law made by the bill.