Federal Acknowledgement of the Virginia Indian Tribes
The 2003 Thomasina E. Jordan Virginia Indian Federal Recognition Bill (HB-1938, S-1423) seeks Federal acknowledgement for six Virginia tribes: Chickahominy, Eastern Chickahominy, Monacan, Nansemond, Rappahannock and Upper Mattaponi.
Background:
All six tribes have State recognition and submitted supporting evidence of their history, similar to the federal acknowledgement requirements, in order to qualify for state recognized Indian status. However, the State currently offers no special benefits to the members of the state recognized Indian tribes.
All six tribes have submitted their formal petitions to the Bureau of Indian Affairs (BIA), documenting their ability to meet the seven mandatory criteria for federal recognition. As part of these petitions, they have verified their descent from the indigenous people of Virginia.
In 1999, the Virginia General Assembly passed a resolution (HJ-754) memorializing Congress to grant Federal recognition to the Virginia tribes.
In 2002, bills were introduced in both the House and Senate with strong support from the Virginia Congressional delegation, including the support of Senators Allen and Warner. Hearings were held in the Senate Indian Affairs Committee and the House Resources Committee in the fall of 2002.
In 2003, the bill was revised to address concerns of the BIA by adding language that, at the date of enactment, the membership roll of each tribe will be certified and submitted to the Agency as the base roll of the tribe, administered in accordance with the tribe’s governing documents. The Senate version of the bill was marked up and passed out of Committee in the fall of 2003.
Virginia Governor Mark Warner has endorsed the recognition of the Virginia tribes and their status as sovereign governments.
Why are the Tribes seeking Federal Recognition now? Why was recognition not sought before?
As stated by Commissioner John Collier, head of the BIA in 1943, it is largely ‘an historical accident’ that the tribes of Virginia are not recognized. The tribes have treaties which date back to the early 1600s, but these treaties were with the King of England as represented by the Governor of the Virginia Colony. Most Federally recognized tribes received recognition much later in the history of the country, after the Federal Government was organized.
In very modern times, the Virginia Indians were unable to claim their Indian identity as a result of State based racial integrity laws. Birth records, marriage certificates and other legal documents pertaining to the Virginia Indians were altered by state officials to remove all reference to their Indian heritage. It was only in 1997 that, with support from Senator Allen as Governor, state legislation was passed to help correct the records of the Virginia Indians. After the acknowledgement by the State of this past injustice, the Virginia Indians began their quest for Federal Recognition.
Why do the Virginia Indians want to be Federally Recognized?
Federal Recognition would allow the tribes to compete for educational programs and other grants open only to Federally recognized tribes.
Federal Recognition would allow these tribes to repatriate the remains of their ancestors in a respectful and dignified manner. The Smithsonian, for example, has a large number of Virginia Indian remains but is not required to repatriate them to non Federally recognized tribes.
Federal Recognition would provide health care for the elders of their tribes. Due to discrimination, many in the older generation worked at non-skilled, low-wage jobs or were self-employed. Therefore, they cannot afford health care on their limited incomes.
Finally, Federal Recognition would place these tribes on an equal footing with other tribes in the United States by acknowledging their heritage and their right to be treated with the same dignity and respect as other Indian tribes in this country.
The Virginia Indians are not interested in gaming.
In the State of Virginia the tribes, as non-profit corporations, could raise money through bingo but choose not to do so because it is inconsistent with their religious beliefs and moral values. For this reason the tribes willingly took amendments to their legislation that would prevent them from using the restored tribe exception to the National Indian Gaming Act, which means the State would have control over whether the tribes could game in the state.
Organizations in support of Federal Recognition legislation for the Virginia Tribes:
The Virginia Council of Churches has expressed its support and has spoken on behalf of the Tribes at the Congressional hearings. This organization is made up of churches of many faiths and represents approximately 1 out of every 5 Virginians. Religion is a central theme of the Tribes, who worship primarily as Baptists, Methodists and Episcopalians.
The Board of Supervisors of King William County, Virginia, passed a resolution supporting Federal congressional recognition of the tribes. Three Virginia tribes are located in this county.
The Virginia-Pilot newspaper of Norfolk, along with 82% of its reader poll respondents, have called for recognition of the Virginia tribes.
The National Congress of American Indians (NCAI) has passed a resolution in support of recognition of the Virginia tribes.
The Alaskan Federation of Natives (AFN) is supporting the recognition of the Virginia Tribes. The AFN is the organization of the recognized Native Alaskans.
The Association of American Indian Affairs (AAIA).
For more information, visit the web site for the Virginia Indian Tribal Alliance for Life (VITAL) www.vitalva.org or call Liz Walker, 703.838.6284 in the DC area or Gene Adkins, at VITAL 804.966.2760.
The Virginia Interfaith Center for Public Policy is fully committed to seeing the Tribes of Virginia recognized before 2007!
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