Virginia tribes clear hurdle toward federal recognition

By Jenna Portnoy

The Washington Post

A House Committee has advanced a bill that would give federal recognition to six Indian tribes in Virginia, bringing them one step closer to the end of a multi-year fight for acknowledgment of their place in the nation’s history.

Legislation granting federal recognition of the Chickahominy, the Eastern Chickahominy, the Upper Mattaponi, the Rappahannock, the Monacan and the Nansemond tribes can now go to a full vote in the House and Senate, where it has stalled in the past.

The House Natural Resources Committee voted 23 to 13 last week to recognize the Virginia tribes as part of a on a package of bills that, if successful, would give Congress the ultimate authority to recognize tribes. The executive branch currently holds that authority.

There are currently more than 500 federally recognized Indian tribes but many had to navigate an expensive and time-consuming administrative process through the U.S. Bureau of Indian Affairs.

Federal recognition confers certain benefits on tribes; they become eligible for housing, education and health-care funding. Indian tribes need to meet several criteria that rely on historical documentation.

Rep. Rob Wittman, R-Va., a sponsor of the House bill, said he wants Congress to decide whether to recognize tribes because it would carry the force of law.

His goal is to protect the identity of tribes whose ancestors played a critical role in the nation’s history, he said. Virginia tribes made it possible for the first permanent English settlement in America to succeed when others failed, he said.

One reason the tribes have not been formally recognized by the federal government is because they made peace with England before the country was established and never signed formal treaties with the U.S. government, according to Wittman.

“These tribes shouldn’t be denied federal recognition because of one-size-fits-all requirements that fail to account for circumstances beyond their control,” he said. “Federal recognition isn’t just a tribe priority, it’s a Virginia priority, and I will keep fighting until the federal government rights this wrong.”

Wittman, who is running for governor, noted Gov. Terry McAuliffe, D, and past governors of both parties have supported federal recognition legislation. U.S. Sens. Mark Warner and Tim Kaine have also pushed for Senate passage.

To receive federal recognition, Indian tribes need to meet several criteria that rely on historical documentation. Although the six Virginia tribes are officially recognized by the commonwealth, they have faced roadblocks to federal recognition because of gaps in official records.

In the hope of winning political support, the six tribes gave up the right to open casinos or other gambling ventures.

Last year the tiny Pamunkey tribe east of Richmond, which claims Pocahontas as an ancestor, became the first tribe in Virginia to win federal recognition.

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