[House Report 111-131]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-131

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 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''.

                                  
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