Recognizing Virginia Tribes

Who's against it?  Virginia convenience store owners, who "expressed concern that tribes would be able to sell gasoline and tobacco tax-free on tribal lands, thereby undercutting the competition." 

In addition, Sen. John Warner said he needed to study the anti-gambling language to make sure it's strong enough.  According to Sen. Warner, "I would not want to be in the United States Senate and allow a measure to pass which would open a way for gambling in Virginia against the wishes of the majority of people...I feel very strongly about that."

Finally, there's no word from Sen. Webb's office as of this morning, as far as I know.

Anyway, I congratulate Rep. Moran and the House of Representatives for voting to right an historical wrong, and urge the Senate to follow suit.  Here's Rep. Moran's statement:

House Approves Federal Recognition for VA Tribes

On Eve of 400th Jamestown Anniversary, Tribes Reach Recognition Milestone

Washington, D.C., May 8th - Today, the U.S. House of Representatives took the farthest step yet towards officially recognizing the tribes who greeted the first settlers at Jamestown.  By a voice vote, the chamber approved legislation (H.R. 1294), authored by Rep. Jim Moran (D-VA), to grant the Virginia tribes their long awaited recognition from the U.S. federal government.

"With today's vote, the Virginia tribes are closer than ever before to gaining their rightful place of honor," said Moran.  "The Native Americans who greeted the first English settlers at Jamestown have endured many hardships to get to this point, surviving state sponsored racism and a brutal repression meant to erase them from the historical record. Today's vote is the arrowhead needed to pierce these long-standing injustices."

This is the 1st time the Virginia tribes' recognition bill (H.R. 1294) has passed either the House or Senate.  It is also the 1st time in over two decades the House has voted on granting a Native American tribe sovereign status.  It represents a major step forward for the bill and greatly improves chances it will be considered in the Senate.

Rep. Nick Rahall, Chairman of the House Natural Resources Committee which approved the bill last week stated, "I applaud my colleague and dear friend, Rep. Jim Moran, who has been relentless in his quest to achieve federal recognition for Virginia's First Americans.  After 400 years of injustice and discrimination, these tribes have waited long enough - and it is only fitting that the Congress should seize on this opportunity to exercise our Constitutional authority and set right a very horrible wrong."

Despite the tribes' stated opposition to gaming (and limitations which were written into the original bill), in order to placate those concerned that this legislation might still open the door to gambling interests, the bill was amended in committee to prohibit any federal circumstance under which the tribes might one day pursue gaming.  The aforementioned amendment makes the tribes subject to state law for the purposes of gaming.  This means that the Virginia tribes would be treated the same as any private citizen, interest or municipality in Virginia as it relates to gaming activities.  Virginia law currently allows bingo for charitable purposes. No tribe has pursued this option. 

Currently, 562 tribes in the United States have received federal recognition.  Unlike most tribes who were federally recognized after signing treaties with the U.S. government, the Virginia tribes' treaties were with the Kings of England.  The most significant one occurred in 1677, well before the establishment of the United States.  All six tribes have received official recognition from the Commonwealth of Virginia, but the federal government has yet to follow suit.

Since English settlers landed on what is now Virginia soil at Jamestown in 1607, Virginia's Native American tribes have played an integral role in the history of Virginia, including helping settlers survive those first harsh winters. Unfortunately, through much of the last 400-years, Native Americans have been brutally and systematically mistreated. 

This racial hostility culminated with the enactment and brutal enforcement of Virginia's Racial Integrity Act of 1924.  The act empowered zealots, like Walter Plecker, a state official, to destroy records and reclassify in Orwellian fashion all non-whites as "colored."  To call oneself 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 school education was denied.  Even after federally enforced integration, states and localities refused to provide bus service to the public high schools.

Known as a "paper genocide" this state imposed policy has left gaps in the Virginia tribes' historical record.  These gaps make it nearly impossible for the tribes to pursue federal recognition through the federal Bureau of Indian Affairs process.  Their last resort is pursuing an act of Congress, which they have been doing for the past seven years.

Said Moran, "It is fitting that while the eyes of the world focus on Jamestown, the real first inhabitants of that land have cleared a major hurdle in their bid to be recognized.  The Virginia tribes have been sharing the spotlight at Jamestown, but deserve to do so as Virginia's first fully recognized Native American tribes."

Virginia's six tribes seeking recognition include: the Chickahominy, Chickahominy Indian Tribe Eastern Division, the Upper Mattaponi, the Rappahannock, the Monacan, and the Nansemond.  The total population of all six tribes is around 2,500.

Original cosponsors include: Neil Abercrombie (D-HI), Jo Ann Davis (R-VA), Tom Davis (R-VA), Dale Kildee (D-MI), Frank Pallone (D-NJ), Nick Rahall (D-WV), and Bobby Scott (D-VA).

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