CQ TODAY – LEGAL AFFAIRS
May 8, 2007 – 8:20 p.m.
House Votes to Grant Sovereign Status to Six Virginia-Based Indian Tribes

Legislation that would extend federal recognition to six Virginia-based American Indian tribes passed the House by voice vote Tuesday.

The bill (HR 1294) represents the first time in more than 20 years that the House has voted to grant an American Indian tribe sovereign status, a power Congress holds under the Constitution.

The bill would recognize the Chickahominy Indian Tribe, Chickahominy Indian Tribe Eastern Division, Monacan Indian Nation, Nansemond Indian Tribe, Rappahannock Tribe and Upper Mattaponi Indian Tribe. All six trace their sovereignty back to a 1677 treaty with King Charles II of England.

Democrat James P. Moran of Virginia has introduced the measure in every Congress since the 106th. He faced stiff opposition Tuesday from Connecticut Republican Christopher Shays, who raised concerns about skirting the Interior Department’s lengthy tribal-approval process.

“There is no way for us, in this chamber, to know if these are legitimate Indian tribes. . . . They don’t even have a reservation,” Shays said.

Moran rebutted with the story of what he termed a “very sad chapter” in Virginia history, explaining that for three decades, state officials oversaw the destruction or invalidation of records that would identify the six tribes as sovereign American Indians.

“They don’t have the documents they need to present to the Bureau of Indian Affairs. These tribes have been mistreated in every way by this country,” Moran said.

Bill language adopted at the committee level would bar the tribes from launching gaming operations. The provision was key to the measure’s passage, lawmakers said Tuesday.

But the prohibitions were not enough to satisfy some, including Shays, a longtime gambling opponent.

“Gambling is a license to print money. To say they will not have gambling is patently laughable. They will if they’re a tribe,” said Shays, whose state contains the Foxwoods Resort Casino, one of the best-known American Indian gaming facilities on the East Coast.

Moran said the tribes are not looking for casino money.

“These tribes don’t even operate bingo parlors,” he said. “This is a matter of pride.”

Source: CQ Today
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