[House Report 111-131]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-131
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 31) TO PROVIDE FOR THE
RECOGNITION OF THE LUMBEE TRIBE OF NORTH CAROLINA, AND FOR OTHER
PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1385) 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
_______
June 2, 2009.--Referred to the House Calendar and ordered to be printed
_______
Mr. Cardoza, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 490]
The Committee on Rules, having had under consideration
House Resolution 490, by a non-record vote report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 31, the
``Lumbee Recognition Act,'' under a closed rule providing one
hour of general debate in the House equally divided and
controlled by the chairman and ranking minority member of the
Committee on Natural Resources. The resolution waives all
points of order against consideration of the bill except for
clauses 9 and 10 of rule XXI. The amendment in the nature of a
substitute recommended by the Committee on Natural Resources
now printed in the bill shall be considered as adopted. The
resolution waives all points of order against provisions of the
bill, as amended. This waiver does not affect the point of
order available under clause 9 of rule XXI (regarding earmark
disclosure). The resolution provides that the bill, as amended,
shall be considered as read. The resolution provides one motion
to recommit with or without instructions.
The resolution also provides for consideration of H.R.
1385, the ``Thomasina E. Jordan Indian Tribes of Virginia
Federal Recognition Act of 2009,'' under a structured rule. The
resolution provides one hour of debate equally divided and
controlled by the chair and ranking minority member of the
Committee on Natural Resources and waives all points of order
against consideration of the bill except clauses 9 and 10 of
rule XXI. The resolution provides that the amendment in the
nature of a substitute recommended by the Committee on Natural
Resources, now printed in the bill, shall be considered as an
original bill for the purpose of amendment and shall be
considered as read. The resolution waives all points of order
against the amendment in the nature of a substitute except for
clause 10 of rule XXI the bill. This waiver does not affect the
point of order available under clause 9 of rule XXI (regarding
earmark disclosure). The resolution makes in order only those
amendments printed in this report. The resolution provides that
the amendments made in order may be offered only in the order
printed in this report, may be offered only by a Member
designated in this report, shall be considered as read, shall
be debatable for the time specified in this report equally
divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question in the House or in the
Committee of the Whole. The resolution waives all points of
order against the amendments printed in the report except for
clauses 9 and 10 of rule XXI. Finally, the resolution provides
one motion to recommit H.R. 1385 with or without instructions.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of H.R. 31 (except for those arising under
clauses 9 and 10 of rule XXI) and against provisions of the
bill, as amended, the Committee is not aware of any points of
order. The waivers of all points of order are prophylactic.
Although the rule waives all points of order against
consideration of H.R. 1385 (except for those arising under
clauses 9 and 10 of rule XXI) and against the committee
amendment in the nature of a substitute (except for those
arising under clause 10 of rule XXI), the Committee is not
aware of any points of order. The waivers of all points of
order are prophylactic.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 104
Date: June 2, 2009.
Measure: H.R. 31.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment to H.R. 31 by Reps. Shuler (NC),
Minnick (ID), McHenry (NC), #1, an amendment in the nature of a
substitute, which would allow the Lumbee Tribe of North
Carolina to undergo the standard recognition process through
the Department of Interior. It would require that their
petition be processed and a decision issued within 18 months of
submission. It would prohibit the Assistant Secretary from
taking into account the number of members listed on the
petition during consideration of the petition.
Results: Defeated 2-7.
Vote by Members: Hastings--Nay; Matsui--Nay; Cardoza--Nay;
Arcuri--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Foxx--Yea;
Slaughter--Nay.
SUMMARY OF AMENDMENTS TO BE MADE IN ORDER FOR H.R. 1385
(Summaries derived from information provided by sponsors.)
1. Goodlatte (VA): Would provide that eminent domain may
not be used to acquire lands in fee or in trust for an Indian
tribe recognized under this Act. (10 minutes)
2. Goodlatte (VA): Would amend section 506(a) of the bill
to remove all counties except Amherst County, Virginia. (10
minutes)
TEXT OF THE AMENDMENTS TO BE MADE IN ORDER FOR H.R. 1385
1. An Amendment To Be Offered By Representative Goodlatte of Virginia,
or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following new title:
TITLE VII--EMINENT DOMAIN
SEC. 701. LIMITATION.
Eminent domain may not be used to acquire lands in fee or
in trust for an Indian tribe recognized under this Act.
----------
2. An Amendment To Be Offered By Representative Goodlatte of Virginia,
or His Designee, Debatable for 10 Minutes
Page 51, beginning on line 1, strike ``Albemarle'' and all
that follows through ``Virginia'' on line 4 and insert
``Amherst County, Virginia''.
Page 51, line 7, strike ``Albermarle'' and all that follows
through ``Virginia'' on line 10 and insert ``Amherst County,
Virginia''.