Jurisprudence - Virginia Indians

HR . 783 Update

2011-07-25T11:21:00.002-04:00

H.R. 783 The Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2011.

TRACK THIS BILL

The bill is currently in the first step in the legislative process. Committees deliberate, investigate, and revise the bill before they go the general debate. Govtrack states that the majority of bills and resolutions never make it out of committee.

The House Committee on Natural Resources has 48 members and Rob Whittman from Virginia sits on this committe.

2011 HR 783

2011-05-02T17:16:00.003-04:00

A resolution was once again introduced on February 17, 2011 by James Moran.
Thomasina E. Jordan Indian Tribes of Virginia - Federal Recognition Act of 2011.

We will track this bill again to see what if any action the Senate Committee on Indian Affairs will do with it this time.

To extend Federal recogition 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.

Sent to Senate Committe on Indian Affairs

2009-06-16T08:56:00.002-04:00

This bill has been passed in the House. The bill now goes on to be voted on in the Senate. Keep in mind that debate may be taking place on a companion bill in the Senate, rather than on this particular bill.

The last action was on June 4, 2009, when it was received in the Senate and Read twice and referred to the Committee on Indian Affairs.

The Senate Committee on Indian Affairs is the next step in the process. I have checked their schedule and the only events listed on their calendar is a hearing to identify areas of needed reform in the Indian health care system and explore ideas and suggestions for bringing about those reforms.

H.R. 1385 Passed the US House

2009-06-05T15:54:00.000-04:00

On June 3, 2009 the House of Representatives approved the federal recognition bill that gave hope to members of the six Virginia Indian tribes. If the bill passes the Virginia tribes will join the 562 other federally recognized tribes.Approval of the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2009 is closer than ever before. The last session of Congress failed to act upon this bill. Something new this time is a companion bill to grant federal recognition the same day the House approved it introduced by Virginia Senator Jim Webb, and co-sponsor Senator Mark Warner. Congressman Virginia’s tribes signed treaties with the kings of England, not the U.S. federal government.The tribes’ documented history was nearly erased when Virginia officials for nearly 50 years waged a document genocide for the purpose of destroying all state and courthouse records of the American Indians as a result of a 1924 Racial Integrity Act.Webb’s legislation will be reviewed and marked-up by the US Senate Indian Affairs Committee in a hearing before reaching the full Senate body for a final vote, according to his office.

TRACK H.R. 1385 BY CLICKING HERE

H.R. 1385

2009-05-06T09:32:00.001-04:00

On April 22, 2009, H.R. 1385, the “Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2009”, was passed by the House Committee on Natural Resources. This positions the legislation to be considered by the full House.

TRACK H.R. 1385 BY CLICKING HERE

Congressional Hope?

2009-01-30T20:32:00.004-05:00

H.R. 1294: Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2007 had hopes that the 110th Congress would grant their request of sovereignty. This bill never became law. This bill was proposed in a previous session of Congress. Sessions of Congress last two years, and at the end of each session all proposed bills and resolutions that haven't passed are cleared from the books. Members often reintroduce bills that did not come up for debate under a new number in the next session.

The One Hundred Tenth United States Congress was the meeting of the legislative branch of the United States federal government, between January 3, 2007, and January 3, 2009. Now the question is will change and hope come with the One Hundred Eleventh United States Congress which will last from January 3, 2009, until January 3, 2011 for the Virginia Tribes?

Below is the history of this effort by the Virginia Indian Tribes.

110^th Congress: H.R. 1294Dead

109^th Congress: H.R. 3349Dead

108^th Congress: S. 1423Dead

108^th Congress: H.R. 1938Dead

107^th Congress: S. 2694Dead

107^th Congress: H.R. 2345Dead

106^th Congress: H.R. 5073Dead

Group in Facebook

2008-12-02T15:47:00.004-05:00

I recently created a group called "Virginia Indian Tribes Seek Federal Sovereignty" on Facebook.

The purpose for creating this group was to create another means of creating a discussion on the topic of federal sovereignty for the Virginia tribes.

The description was simple:

Thomasina E. Jordon Indian Tribes of Virginia are seeking the United States Congress 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.

Hopefully facebook users interested in Virginia Indian tribes will visit Facebook and become part of the Facebook group. Click here to visit Facebook.

Tribal G8

2008-11-26T12:28:00.003-05:00

President-elect Obama outlined a number of steps to give the issues facing the Indian community some attention. He has pledged to appoint an American Indian Policy advisor to his senior White House staff.

He has proposed an annual "Tribal G8" meeting of national Tribal leaders to develop an Indian policy agenda. Obama has continuously upheld Tribal sovereignty through support of policies for self-determination and self-governance, and has indicated support for legal protection of sacred places and cultural traditions.

Mark Warner

2008-11-22T10:26:00.001-05:00

Senator Jim Webb endorsed a bill to grant federal recognition to six Indian tribes in Virginia. The Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2007 was approved in May and never voted upon. A new bill must be reintroduced in the new session of Congress.

New hope is on the horizon with a new minority President-elect all things are possible.

On-board to support the Virginia tribes is Jim Moran, Jim Webb, and Tim Kane. Senator-elect Mark Warner has been support in the past. In 1999 he help to support both Houses of the Virginia General Assembly adopt resolutions embracing federal recognition.

If the Virginia tribes are to be successful addressing senators Byron Dorgan and Lisa Murkowski, the Chairman and Vice Chairman of the Senate Committee on Indian Affairs, a consorted effort on the part of Virginia leaders will be needed.

Alaska Tribal Sovereignty

2008-10-22T21:51:00.000-04:00

Governor Palin opposes Alaska tribal sovereignty. Given past court rulings affirming the federally recognized tribal status of Alaska Native villages, Palin does not technically challenge that status. But Palin argues that Alaska Tribes have no authority to act as sovereigns, despite their recognition.

Regarding tribal sovereignty issues Palin has sought to block tribes from exercising any authority even over the welfare of Native children, adhering to a 2004 legal opinion issued by the former Murkowski Administration that no such jurisdiction exists (except when a state court transfers a matter to a tribal court).

Both the state courts and the federal courts have struck down Palin's policy of refusing to recognize the sovereign authority of Alaska Tribes to address issues involving Alaska Native children. Native Village of Tanana v. State of Alaska, 3AN-04-12194 CI (judgment entered Aug. 26, 2008) (Ak. Super. Ct.); Native Kaltag Tribal Council v. DHHS, No. 3:06-cv-00211- TMB (D. Ak.), pending on appeal No 08-35343 (9th Cir.)).

Palin's policy of refusing to recognize Alaska tribal sovereignty remains unchanged.

Federal Sovereignty - Virginia Indian Tribes

2008-10-07T10:17:00.003-04:00

Read article on Federal Sovereignty for Virginia Indians I published in NALA magazine.

Reprinted with permission of NALA, The Association of Legal Assistants/Paralegals. The article originally appeared in the August 2008 issue of Facts & Findings, NALA’s quarterly magazine for paralegals. The article is reprinted here in its entirety. For further information, contact NALA at www.nala.org or phone (918) 587-6828.

Chickahominy Pow Wow

2008-09-28T21:37:00.006-04:00

Powwow is how the English settlers pronounced the word "pauwau", which referred to a religious ritual among Indians in New England. As the settlers moved west, they called similar gatherings "powwows."

An example of a modern pow wow is the Chickahominy Indians' 57th annual Fall Festival and Powwow held at their tribal grounds in northwestern Charles City County. This powwow is a religious ceremony, picnic, reunion, craft show and festival. The Indian announcer explains to the crowd that this is not for show but a sharing of their culture with everyone there and that this is the way they respect and keep alive their Indian traditions.

The one main theme you come away with is that there is no "I" or "me", it is always "us" or "our" people in reference to everything. I was immensely impressed when the Chief of the Chickahominy, Stephen Adkins, read aloud a letter of congratulations from Virginia Governor Kane regarding the completion of a doctoral degree by one of the tribe members. In addition to her academic accomplishments, Mayflower, is also a member of the Homeland Security Team. Her mother and grandmother were there to look on and comment about her accomplishes and related it to their own education.

Potential Resolution in Six Months

2008-09-26T19:20:00.004-04:00

On September 25, 2008 the Senate Indian Affairs Committee held a hearing regarding HR 1294. During this meeting committee chairman, Senator Byron L. Dorgan, said "Virginia tribes could see action within six months on their bill to grant them federal recognition." Not the news they were hoping to hear, but encouraging none the less.

This statement gave the Virginia Indians new hope and optimism for a bill they have been lobbying for since 1999 when Moran introduced the bill. They are optimistic the right thing is going to happen. Because of the current banking crisis Congress's attention was focused on a held over special session addressing the bailout of American banks.

Congress was set to adjourn on September 26, 2008. Doran told them to look ahead to next year. The 110th United States Congress was sworn in on January 4, 2007. It will be in session through noon, January 4, 2009. With a presidential election year upon us this little attention would be focused on Indian affairs.

This bill can never become law during the 110th US Congress. Sessions of Congress last two years, and at the end of each session all proposed bills and resolutions that haven't passed are cleared from the books. The bill will again have to be reintroduced during the new 111th United States Congress.

The One Hundred Eleventh United States Congress will be the next meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It is scheduled to meet in Washington, DC from January 3, 2009 to January 3, 2011.

Nottoway POW WOW 2008

2008-09-26T17:54:00.006-04:00

The Virginia Indian Tribe at the Nottoway Pow Wow held in Surry County, Virginia shared their culture with the crowd at this event. During the opening ceremonies the color guard included veterans of wars. The Indians always honor veterans at every event.

It was a very close net family affair that included everyone from the children to the elders.

The picture to the left depicts a male Indian from a Northern Canadian Indian tribe who participated in this event.

The concession booths included an assortment of Indian food in conjunction with hot dogs and hamburgers. The handmade crafts on display were also for sale to the public.

Indians tribes from as far away as Mexico demonstrated their cultural by dancing. Before each dance was performed someone would talk about the significance if the and how it related to their way of life. The image to the right shows a male Mexican Indian dancer in his native dress.

These Mexican dancers travel across the United States to share their culture and heritage. The tales of their forefather and life before the Spanish came to what we now call Mexico was translated into folk tales and demonstrated with dance in unison with nature which they relate to the four corners of the earth.

It was as much educational as it was cultural among the Indians tribes when they requested members of the audience to join them in the area. All participants and dancers had to enter the area using the east gate.

Dressed in authentic Indian regalia the Virginia Indians demonstrated that each dance had a different meaning. Some dances required a change of costumes. Certain dances were significant for males while others were only for females, but all were performed with precision, energy and enthusiasm. Indian pride runs deep at these events as expressed in the image below.

Thomasina Bill Scheduled for Senate on Indian Affairs Meeting

2008-09-20T19:17:00.006-04:00

The Thomasina E. Jordan Indian Tribe of Virginia bill is slated for a hearing on September 25, 2008.

Tribal advocates expressed disappointment with Congress set to adjourn next Friday without acting on the bill that their protracted fight for federal recognition will have to start over again next year.

The U.S. House unanimously passed the federal recognition bill (HR 1294) on May 8, 2007. Rep. Jim Moran, D-8th, first introduced it in 1999.

No tribal recognition bills have been considered this year. As Chairman for the Senate Indian Affairs Committee most of Dorgan’s work this Congress was dedicated to upgrading Indian health care legislation, which passed the Senate in February.

The purpose of the bill is Federal recognition which entitles the tribes for eligiblility for federal funds that include housing, education and senior care for the tribes’ estimated 3,000 members.

Tribes recognized under the bill include: Chickahominy, Eastern Chickahominy, Upper Mattaponi, Rappahannock, Nansemond, and Monacan Indian Nation.

Virginia Enabling Authority

2008-09-20T18:55:00.002-04:00

Virginia Indians have state recognition, but still no federal recognition.

The Virginia council held several business meetings during 2007.

Membership Changes
Legislative Action
State Recognition Activity
Fourth Annual Tribal Leadership Summit
Support of Jamestown 2007 Activities
Historic Highway Markers Program

The enabling authority which recognize Virginia Indians is §2.2-2628:

§ 2.2-2628. Council on Indians; membership; terms; chairman; compensation and expenses; chairman's executive summary.
A. The Council on Indians (the Council) is established as an advisory council, within the meaning of § 2.2-2100, in the executive branch of state government. The Council shall be composed of (i) the chiefs of the Virginia tribes officially recognized by the Commonwealth, (ii) two members appointed at large by the Governor from the Indian population residing in Virginia, and (iii) one nonvoting member appointed by the Governor who is a senior member of his staff. Each at-large member from the Indian population residing in the Commonwealth shall be required, as a condition of his appointment to the Council, to provide verification of his status as an enrolled member of a tribe recognized by either the Commonwealth, another state, or territory. Such verification shall consist of a valid tribal identification card, confirmation of membership through a central tribal registry, a written statement of a tribal chief or council confirming membership, or certification of the enrolled member status from a tribal office.
B. Each chief shall serve a term coincident with his term of office as chief and may appoint one designee who may serve as his representative at Council meetings and other Council activities. The senior member of the Governor's staff shall serve a term coincident with the member's term of office. After the original appointments, the appointments of the at large members shall be for terms of two years except appointments to fill vacancies, which shall be for the unexpired terms. At large members may be reappointed. However, no at large member shall be eligible to serve more than three successive two-year terms.
C. The Council shall annually elect a chair and vice-chair from among its membership. The meetings of the Council shall be held at the call of the chairman or whenever the majority of the voting members so request. A majority of members shall constitute a quorum.
D. Members of the Council shall receive no compensation for their services, but shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of expenses of the members shall be provided by the Office of the Governor.
E. The chairman of the Council shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Council no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
(1983, c. 20, § 9-138.1; 1985, c. 448; 1989, c. 406; 1991, c. 563; 1994, c. 755; 2001, c. 844; 2003, c. 885; 2004, c. 142; 2005, cc. 61, 758; 2007, c. 915.)

THE SEARCH FOR NATIVE INDIANS

2008-09-05T23:30:00.004-04:00

FACT OR FICTION?

I have noticed several inquiries from students asking how they can contact real Indians and do they exists.

Pow Wow's are a great way to learn from Native Americans and observe their traditions.

One source for Native American Events is to visit Pow Wows.com

A source for Virginia Pow Wow's is Virginia Pow Wows.

The Nottway Indian Tribe in Surry County Virginia has a POW WOW scheduled for September 20 and 21, 2008. Visit their new web site for complete information.

Virginia Indians Classified as a Race

2008-08-10T21:13:00.002-04:00

The Virginia Department of Historic Resources will dedicate a marker this week to recount the ambush of Indian leaders. This incident occured during the 1623 peace parley with English Soldiers.

One of the speakers is Pamunky Indian Chief William P. Miles.

It is interesting to note that newly released data from the United States Census Bureau on population in Central Virginia includes 20 cities and counties. The Census Bureau label the Virginia Indians as American Indian/Alaska Native. The Indian race account for .35% of the population in Central Virginia.

These 2007 statitics not only verify Indians still exits, but classify them as a race and not ethinic group. View the full report in the Richmond Times Dispatch, August 10, 2008 edition, section A15, titled, Diversity by the numbers.

Chief of the Chickahominy

2008-07-20T21:38:00.002-04:00

In a conversation with the Richmond Times Dispatch Chief Stephen Adkins conveys his optimistic view of the success for federal recognition by the Virginia Indian Tribes. He outlines the details of the tribes success with state recognition and their goal of federal recognition. He describes what the tribes will receive if they gain federal recognition and the support they have and continue to receive to help gain federal recognition.

Read the full article in the Richmond Times-Dispatch July 20, 2008, Section E; A Conversation with the Times-Dispatch - Stephen Adkins, Chief of the Chickahominy.

Public Support

2008-07-15T10:41:00.003-04:00

In a June letter to the U.S. Senate Committee on Indian Affairs, Virginia Governor Tim Kaine asked the committee to schedule a markup date of the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition.

The U.S. House of Representatives approved the bill in May 2007. The next step in the process is for the Senate Committee on Indian Affairs to approve the bill and send it to the Senate for a full vote.

Additional support from Virginia state Senator Jim Webb who also communicated with the Committee on Indian Affairs, Chairman Senator Byron Dorgan, and the committee's staff, urging them to mark up the bill.

Kaine's letter reiterated Webb's requests and remarked that the bill has made progress during the 110th session of Congress as evidenced by its approval by the U.S. House of Representatives in 2007. To prevent the lost of all the work so far Kaine urged the Senate Indian Affairs Committee to take action.

The Virginia Indian Tribal Alliance for Life, an independent public organization that supports Virginia Indians, has worked closely with Webb and Kaine's staff, asking the governor for a letter to express his support.

Time will be the judge to tell if the governor's letter will influence the Committee on Indian Affairs to make efforts to markup of the bill. Public support is critical to the pursuit of federal recognition since Virginia tribes have not received federal recognition yet, especially one year after the commemoration of Jamestown's 400th anniversary.

The Virginia tribes are distinctive because unlike other American tribes that have federal recognition when they signed peace treaties with the federal government, tribes in Virginia signed their peace treaties with the British monarchy. However, while the Virginia tribes have received official recognition from the commonwealth of Virginia, acknowledgment and federal recognition has been slow to come partly due to the systematic mistreatment over the past century.

A "paper genocide" enforced by the passage of the Racial Integrity Act of 1924 for nearly 40 years changed Virginia Indians' racial designations from Indians to "colored" on birth, marriage and death certificates. The complex BIA process, which is the normal procedure to obtain federal recognition, but because of the paper genocide make this route all but impossible.

Historical Documents

2008-05-11T21:28:00.004-04:00

The instructions for the Virginia Colony in 1606 were:

when you are on the coast of Virginia, you shall do your best endeavor to find out a safe port in the entrance of some navigable river . . . the second instruction was you must in no case suffer any of the native people of the country to inhabit between you and the sea coast . . . in all your passages you must have great care not to offend the naturals [natives] . . . your discoverers that pass over land with hired guides . . . never trust the country people with the carriage of your weapons . . . above all things, do not advertise the killing of any of your men, that the country people may know it; if they perceive that they are but common men, and that with the loss of many of theirs they diminish any part of yours, they will make many adventures upon you.

The first Virginia Charter (April 10, 1606) states:

And that they shall or lawfullie may establishe and cawse to be made a coine, to passe currant there betwene the people of those severall Colonies for the more ease of trafiique and bargaining betweene and amongest them and the natives there, of such mettall and in such manner and forme as the same severall Counsells there shall limitt and appointe.

The second Virginia Charter (May 23, 1609) lacks language to signify natives or Indians.

The Third Virginia Charter (March 12, 1612) mentions uninhabited lands.

An Ordinance and Constitution of the Virginia Company in England (July 24, 1621) number four states set forth the establish of a government not recognizing the natives

Peace Treaty Between The Assateague and Pocomoke Indians and Charles Calvert, Governor of Maryland 1722 were

articles of peace and amity concluded and agreed upon between the Right Honorable Charles Absolute Lord and Proprietor of this province of Maryland and Knosulm and Wassaunge Chiefs of the Assateague and Pocomoke Indians on behalf of themselves and the Indians under their subjections this 22nd day of October 1722 . . . firmation where of the Honorable Charles Calvert, Esq. Governor in Chief in behalf of his said Lordship and the said Knosulm and Wassounge on behalf of themselves and the Indians under their subjection have signed here to in presence of his Lordships Council and of several of the Great Men of the Indians the day and year above written and the Great Seal of this province is hereunto affixed.

The Treaty between Virginia and the Indians, 1677 is another historical document that identifies the Virginia Indians. Bottom of Form

http://www.lva.lib.va.us/whatwedo/k12/vhr/documents.htmBottom of Form

Federal Acknowledgement Process

2008-04-20T13:33:00.002-04:00

The process to attain Federal Recognition by American Indians is the Federal Acknowledgement Process. It has been audited and found to be not effective. Can it be fixed?

The Senate on Indians Affairs Committee after their business meeting will hold an OVERSIGHT HEARING on Recommendations for Improving the Federal Acknowledgment Process. Thursday, April 24, 20089:00 AMSD - 562

I will publish the results of that meeting when they are made available.

Almost One Year

2008-04-20T13:09:00.003-04:00

In May 2008 it will be one year since HR 1294 passed the House and has seen no action since. The bill was voted on in the Senate. It now lies in the Senate for Indians Affairs Committee. The ball is in its court.

Briefly, H.R. 1294 would provide federal recognition to six Indian tribes in the state ofVirginia—the Chickahominy Indian Tribe, the Eastern Division of the ChickahominyIndian Tribe, the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the MonacanIndian Nation, and the Nansemond Indian Tribe. CBO estimates that implementingH.R. 1294 would cost $40 million over the 2008-2012 period, assuming the appropriationof the necessary funds. Enacting H.R. 1294 would have no effect on direct spending orrevenues. H.R. 1294 contains no intergovernmental or private-sector mandates as defined in theUnfunded Mandates Reform Act (UMRA) and would impose no direct costs on state,local, or tribal governments.

Va Tribes Federal Recognition on U Tube

2007-12-03T14:17:00.001-05:00

Virginia Indian Tribes Seeking Federal Recognition video can be viewed on U tube located on the left bar.

Other videos about Virginia Indians may be viewed from this list if you are interested.

American Indian Profile

2007-12-02T19:05:00.000-05:00

Why is it so important for the Virginia Indian Tribes to gain federal sovereignty? Why it is the first Indians the new world explorers came in contact with have never received recognition when in 1998 the BIA statistics list 556 federally-recognized American Indian Tribes?

The profile of the American Indian looks something like this. Almost one percent of the U. S. population is American Indians according the 1999 Census Bureau.

There are 314 Indian reservations located with the United States. They range in size from smallest, Rancheria in California just under 2 acres while the largest is Navajo, which is about 16 million acres in Arizona, Utah and New Mexico. Some Tribes are without land bases, such as the Ponca of Nebraska and the Lytton Rancheria in California. Twenty-two percent of the American Indian population lives on reservations and trust lands.

The smallest Tribe, the Augustine Band of Mission Indians in California, have a population of one. The largest Tribe is the Cherokee in North Carolina, their population is about 308,000.

Thirty-nine percent of the American Indian population is under the age of 20 (Twenty-nine percent for total U.S. population). Eight percent of the American Indian population is over 60 years old (seventeen percent for total U.S. population).

American Indians tend to have larger families than the average, because about 80% live in extended-family households.

Thirty-four percent of American Indians over age 25 never graduate from high school. Nine percent of American Indians have a bachelor's degree or higher (3% have graduate or professional degrees). The unemployment rate among American Indians is 14% (6% for total U.S. population). One-third of the American Indian households live below the poverty level (Census Bureau, 1995).

In 1996, 67% of the Tribes had no gaming operations. Of the Tribes that did have gaming, 10 of them earned more than 50% of the gaming income (GAO, A Profile of the Indian Gaming Industry, May 1997).

Twenty percent of American Indian households on reservations lack complete plumbing facilities (hot and cold piped water, a flush toilet, and a bathtub or shower). Eleven percent lack complete plumbing. About 1 in 5 disposes of sewage by means other than public sewer, septic tank, or cesspool. Eighteen percent do not have complete kitchens. Wood heat is the primary source for one in every three homes.

In rural areas, 12% of Native households lack electricity and 23% lack gas (EDA 1999). Only 39% of rural households in Native communities have telephones compared to 94% for non-Native rural communities (EDA Assessment of Technology Infrastructure in Native Communities, June 1999). Of rural Native households, only 22% have cable television, 9% have personal computers, and of those, only 8% have Internet access (EDA 1999). Talk about the great digital divide.

Who's on-board?

2007-12-01T01:32:00.000-05:00

The Virginia players support the Virginia Indian Tribes bid for federal sovereignty. Webb, Moran and Scott are on-board. Is their support enough to persuade the board? Who is the board? The United States Senate Committee on Indian Affairs is the board who can legislate federal recognition for the 6 Virginia Indian Tribes. Who serves on this board? More important who sets their agenda?

Members, 110th Congress

Majority
Member		State
	Byron Dorgan, Chairman	North Dakota
	Daniel K. Inouye	Hawaii
	Kent Conrad	North Dakota
	Daniel Akaka	Hawaii
	Tim Johnson	South Dakota
	Maria Cantwell	Washington
	Claire McCaskill	Missouri
	Jon Tester	Montana

Minority
Member		State
	Lisa Murkowski, Vice Chairman	Alaska
	John McCain	Arizona
	Tom Coburn	Oklahoma
	Pete Domenici	New Mexico
	Gordon Smith	Oregon
	Richard Burr	North Carolina
	John Barrasso

Chairman, Byron Dorgan and Vice Chairman, Lisa Murkowski steer this committee. How does the Virginia Indian Tribe get their request before them?

Congratulations to Senator Murkowski, she has the distinction of being the first woman to serve in this position.

Maybe there will be another first in 2008 and the Virginia Indian tribes will be granted federal recognition.

Senator Webb's Endorsement

2007-11-30T08:34:00.000-05:00

On November 8, 2007 the six Virginia Indians state-recognized tribes joined Senator Jim Webb in Washington seeking approval of the tribes’ federal recognition bill from the United States Senate.

After endorsing the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2007, Webb joined Representatives James P. Moran and Bobby Scott, along with members of six Virginia Indian tribes, in urging the Senate on Indian Affairs Committee to approve the bill.

Early in October 2007 Webb announced his support of the tribes’ bill. He wrote a letter to the leaders of the Senate Committee on Indian Affairs, requesting the committee approve the federal recognition bill. Senator Webb says, ''I have come to the conclusion that this recognition is justified based on principles of dignity and fairness''. Webb feels the tribes meet the established standards for proper recognition on a federal level and should be placed on equal footing with our nation's 562 other federally recognized tribes.

The six Virginia tribes include the Monacan, Upper Mattaponi, Chickahominy, Chickahominy - Eastern Division, Rappahannock and Nansemond.

Representative Moran wrote the federal recognition bill and is an advocate of the 400 years of history of Virginia tribes. Jamestown is an icon of Virginia Indian history which the unique Virginia “documentary genocide” attempted to remove Indians from the records.

Webb told the tribes he did his research, and he believes that the tribes should have federal recognition and believes the congressional way is the way for the tribes to receive recognition, said Chief Adkins. ''I believe Senator Webb is the kind of person that when he gets behind an issue, he works hard for it, and we're hopeful that's what he'll do for our recognition,'' Adkins said.

Nansemond Chief Barry Bass, though not at the press conference, said he was happy when Webb announced his support of the tribes' federal recognition bill.

Dorgan's Backlog

2007-11-29T12:33:00.001-05:00

DORGAN RELEASES CONCEPT PAPER FOR INDIAN LAW ENFORCEMENT REFORM

WASHINGTON, DC - The Senate Committee on Indian Affairs held three oversight hearings, a series of listening sessions, and multiple meetings with tribal leaders to discuss the longstanding problem of violent crime in Indian Country. Senator Byron Dorgan, Chairman of the Senate Committee on Indian Affairs, has developed a concept paper which has been sent to tribal leaders. Read the concept paper which is a compilation of comments from tribal leaders that examines the problems and lists a number of proposed solutions to law enforcement issues in Indian Country.

The Committee will continue to meet with tribal leaders over the next few months in the development of legislation to address this issue. For those who wish to provide additional comments are invited to share their comments and ideas through the Senate on Indian Affairs website. Click on the link below and share your thoughts. If you wish to submit any documents in addition to your comments you can e-mail comments@indian.senate.gov with both your comments and attachments. You may fax the comments to (202) 228-2589 if you prefer.

The Indian Tribes in Virginia have a peaceful history and would be no trouble to the federal government if only they were granted federal sovereignty.

Read Native Blog

2007-11-17T00:23:00.000-05:00

Equity is the part of the equation that supports the rule of law with respect to Native American justice. The honesty and integrity that has been maintained by Native American Indians is reflected in the caricature and expression of Native American blogs: THE NATIVE BLOG

The feelings, hopes, thoughts, and dreams of the American Indian are reflective in Native Blog.

National American Indian Heritage Month, 2007

2007-11-17T00:03:00.000-05:00

National American Indian Heritage Month, 2007
A Proclamation By the President of the United States of America

National American Indian Heritage Month is an opportunity to honor the many contributions of American Indians and Alaska Natives and to recognize the strong and living traditions of the first people to call our land home.

American Indians and Alaska Natives continue to shape our Nation by preserving the heritage of their ancestors and by contributing to the rich diversity that is our country's strength. Their dedicated efforts to honor their proud heritage have helped others gain a deeper understanding of the vibrant and ancient customs of the Native American community. We also express our gratitude to the American Indians and Alaska Natives who serve in our Nation's military and work to extend the blessings of liberty around the world.

My Administration is committed to supporting the American Indian and Alaska Native cultures. In June, I signed the "Native American Home Ownership Opportunity Act of 2007," which reauthorizes the Indian Housing Loan Guarantee Program, guaranteeing loans for home improvements and expanding home ownership for Native American families. Working with tribal governments, we will strive for greater security, healthier lifestyles, better schools, and new economic opportunities for American Indians and Alaska Natives.

During National American Indian Heritage Month, we underscore our commitment to working with tribes on a government-to-government basis and to supporting tribal sovereignty and self-determination. During this month, I also encourage Federal agencies to continue their work with tribal governments to ensure sound cooperation. Efforts such as on-line training programs will improve interagency collaboration in the Federal Indian Affairs community and help to strengthen relationships with tribes, building a brighter future for all our citizens.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim November 2007 as National American Indian Heritage Month. I call upon all Americans to commemorate this month with appropriate programs and activities.

IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of October, in the year of our Lord two thousand seven, and of the Independence of the United States of America the two hundred and thirty-second.

GEORGE W. BUSH

Two Supreme Court Cases on Indian Law

2007-11-16T23:47:00.000-05:00

The United States Court involved with two cases on Indian law.

The Court issued a decision in the Zuni Public School District, et al. v. Department of Education, et al. case on 4/17/07.

Petition for writ of certiorari was denied on 4/16/07 in Davidson v. Mohegan Tribal Gaming Authority.

Moral Courage in a world that yields painful change

2007-11-04T15:43:00.000-05:00

The quest for Federal Sovereignty by the Virginia Indian Tribes is a task that adds a new vista to the landscape in Virginia. In a global village the United States help to forge; the world is watching the Virginia Indian Tribes struggle in their quest. It is our history that dictates who we are, but it is our moral compass intertwined with conquest, development, and the creation of a new nation that provides the many challenges ahead.

To quote Robert Kennedy, "moral courage is a rarer commodity than bravery in battle or great intelligence. Yet it is the one essential, vital quality for those who seek to change a world that yields most painfully to change...and those [who] enter the moral conflict will find themselves with companions in every corner of the world."

A man who's influence has inspired many through out the years. Who will take up the flag for a cause that everyone agrees is morally right, but can not agree on how to accomplish "the right thing to do"? I believe it is this type of thought that brings merit to the theory of using International law related to indigenous people to complete the circle for the Virginia Indian tribes pursuit for federal sovereignty. Forging thoughts and ideas to lay a foundation cemented with International Law that would bring support from the four corners of the earth to breath life into the combination of law and moral rights to force this issue in new light.

The dawn of a new era should embrace new ideas and new concepts where men come to an agreement using tools shaped during the last 400 years together with a desire and understanding for peace, respect, and prosperity. It is these ideas that will force America and polish it for all times to come. With the help and support of the right people whose new ideas would bring justice to this issue.

The Virginia General Assembly has accomplished a portion of that which is necessary to make this dream by granting state recognition. It is now incumbent upon the United States Government to recognize the final and important last mile; granting federal sovereignty to the Virginia Indian Tribes.

Remember, John Marshal developed the "Doctrine of Discovery" based upon a moral theory not a rule of law by using the Inter Cetera bulls to establish Johnson v. McIntosh.

Indigenous "Sovereignty" and International Law

2007-11-04T15:20:00.000-05:00

The indigenous community greeted the United Nations' decision to officially proclaim 1993 as the "International Year of the World's Indigenous Peoples" rather warily. Fourteen years later the United Nations created the Working Group on Indigenous Populations.

The purpose of this group was to formally address global indigenous issues. The gain has been more than an international symbolic response to a quest for cultural, social, economic, and political autonomy. The focus should be more on the human rights using international law to gain this perspective of a normative world development concept.

To gain a better understanding of this concept read:

Indigenous "Sovereignty" and International Law: Revised Strategies for Pursuing "Self-Determination". Human Rights Quarterly - Volume 17, Number 2, May 1995, pp. 343-365
Researching Indigenous People's Rights Under International Law

What is the term "sovereignty"?

2007-11-03T18:41:00.000-04:00

There are at least 13 different overlapping meaning of the term sovereignty.
Sovereignty may refer to:

Sovereignty as a personalized monarch (real or ritualized);
Sovereignty as a symbol for absolute, unlimited control or power;
Sovereignty as a symbol of political legitimacy;
Sovereignty as a symbol of political authority;
Sovereignty as a symbol of self-determined, national independence;
Sovereignty as a symbol of governance and constitutional order;
Sovereignty as a criterion of jurisprudential validation of all law (grundnorm, rule of recognition, sovereign);
Sovereignty as a symbol of the juridical personality of Sovereign Equality;
Sovereignty as a symbol of "recogintion";
Sovereignty as a formal unit of legal system;
Sovereignty as symbol of powers, immunities, or privileges;
Sovereignty as a symbol of jurisdictional competence to make and/or apply law; and
Sovereignty as a symbol of basic governance competencies (constitutive process).

In regards to the Virginia Indian Tribes a historical basis of sovereign immunity doctrine in 1831, the United States Supreme Court first recognized that native Indian tribes possess sovereignty that is different from foreign countries and is subject to the dominion of the United States.

United States v. United States Fidelity & Guaranty Co.

With respect to International Law the character of sovereignty is changing.

Read "The Changing Character of Sovereignty in International Law and International Relations."
By Winston P. Nagan and Craig Hammer

International law is an avenue the Virginia Indians could pursue in their quest for Federal Sovereignty.

Virginia's Influence on International Law

2007-10-28T14:46:00.000-04:00

In Johnson & Graham's Lessee v. McIntosh, John Marshal laid down the law with reference to Indian titles in this country.

In The Antelope, Marshal laid down the rule that a rule of international law can be changed unanimously. Not confusing law with justice, but asserting what a court must assert that it is governed by the law of the government to which that court belongs, not by any doctrine of natural rights.

Most Nations belong to either the League of Nations and the Permanent Organization of Labor. The Permanent Court of International Justice is the judicial body of these two organizations, and is bound to apply the law of these organizations in cases arising under the provisions of the Treaty under Article 26, and under Part XIII, Article 422 of the Treaty these two articles provide the method of changing the rules of international law.

Virginia statute provided a definite means over the act of Congress by which the right of expatriation could be exercised, namely a deed approved in court, or a declaration in open court relinquishing the character of the citizen.

Compare the Virginia Statute with the Act of Congress of 1868. Virginia law are based on judicial and court basis.

This is one of the basis that Virginia Indians are having to fight for Federal Recognition.

Read the article in its entirety,
Virginia's Influence on International Law
Edward A. Harriman
Virginia Law Review, Vol. 12, No.2 (Dec., 1925), pp. 135-145.

Jim Web supports Virginia Indians

2007-10-26T08:18:00.000-04:00

Jim Webb October 16, 2007 memo in support of Thomasian E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2007 (H.R. 1294)
READ ARTICLE

Senate Indians Affairs Committee

2007-08-30T13:47:00.000-04:00

The last action on H.R. 1294 Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2007 was on May 9, 2007 when it was received in the Senate and Read twice and referred to the Committee on Indian Affairs.

The Senate Committee on Indian Affairs has been down since May and no further information on when a hearing is scheduled is available.

Point of View

2007-08-14T09:56:00.000-04:00

Point of View

Authoring this blog was a legal exercise for a capstone class. My hope was to present facts to formulate legal answers. I felt this method would allow viewers to formulate their own answers and develop their own conclusion on this issue.

My initial intent was to generate a dialogue among legal, indian, government, and Virginia population about the federal recognition issue facing the Virginia Indian tribes.

How do you determine who is right and who is wrong on any issue?

In our American society we dictate that there must be a winner or loser in order to win an argument. Looking at all the issues and compromise is given little consideration.

Clarification using effective communications and the establishment of dialogue to state facts on this issue I felt was a good start. But then the question is what are the rules and who determines these rules based upon what principles?

Moral rights, congressional theory, business ehtics, basic human rights, self-conception or plain common sense how are the foundational lines drawn?

1. listen to what others say in detail. Rules of engagement for listening apply here.

2. feel you are heard in the discussion. All points must be made known.

3. refrain from making interpretations about someones thinking.

4. continuation of the process is important to the progress of your issue.

5. the ulimate end goal from the human point of view is to not create resistance to hearing and being heard or trigger reactions that are counterproductive.

6. treat others the way you would like to be treated.

No more information or facts can be forth coming until the Senate Committee on Indians Affairs meets on this issue. Their web site has been down for months and tracking the bill stopped with the House of Representatives.

GodSpeed

2007-06-18T13:20:00.000-04:00

Queen Elizabeth's visit to Virginia is now a memory and the GodSpeed has set sail. Both these events were viewed as potential leverage by the Virginia Indian tribes in their quest for federal recognition. The potential to leverage these events has diminished the tribes chances to gain federal recognition.

H.R. 1294, the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act, passed the House by voice vote, but is now slated for the Senate. The Senate Indian Affairs Committee was the stumbling block during the 109th Congress. During the 110th Congress this new bill may meet with the same fate as the old attempt. Not everyone is an advocate of the Virginia Indians.

Congressman Frank Wolf’s statement on Federal Recognition of Virginia Indian Tribes weakens their legislative quest. A caveat is created by the weak support of the congressman comments like:

"Mr. Chairman, I'm going to vote for this bill because I believe it represents a significant step forward in ensuring that the Commonwealth's interests are safeguarded when it comes to preventing casino-style gambling from coming to the state while providing full federal recognition to these six Virginia Tribes.

"However, I hope the Senate will take a very careful look at it before proceeding because I have already begun hearing rumors that attorneys are being consulted about ways to overturn the limitation on tribal gambling included in the legislation.

"I believe the tribes when they say they aren't interested in pursuing gambling. Nevertheless, I would be extremely disappointed if there is any merit to the chatter I am hearing already – even before the bill gets out of the House – about their interest in a court challenge of the bill's gambling limitation. I certainly hope that's not true, and that what I am hearing is simply rumor.

"I also must admit that I am troubled by the fact the tribes have been paying a lobbyist at least $80,000 for the past several years to advance this legislation. I certainly hope that this bill isn't the first step down the slippery slope we've been down before relating to lobbying and tribal gambling.

"Again, my concern is not with the federal recognition of Virginia's Indian tribes. It has always been with the explosive spread of gambling and the potential for casino gambling to come to Virginia. No bill should become law unless it protects the interests of the Commonwealth.

Reference:
http://wolf.house.gov/?sectionid=34§iontree=6,34&itemid=186

Tracking

2007-06-07T07:41:00.000-04:00

The progress of HR 1294, this extends Federal recognition to the six Virginia Indian tribes.

Gov Track url: www.govtrack.us/congress/bill.xpd?bill=h110-1294

To increase communication about this topic this blog is a member of a Blogsphere (Technorati)

In addition, a wiki for Congress was created on Congresspedia about this subject.

If anyone has any suggestions to create effective communications please write me.

H.R. 1294

2007-05-11T11:38:00.000-04:00

H.R. 1294 passed in the House of Representatives this week. A small victory for the Virginia Indian Tribes and now the next stop will be the Senate where a discussion among the members of the Senate Indian Affairs committee will determine the next victory. The Democratic Party now controls the majority in the 11oth Congress and new possibilities exist with this change in power. Also the shift in chairman of the Senate Indians Affairs committee brings a different perspective.

The new chairman is U.S. Senator Byron Dorgan. Dorgan said he will work closely with the committee’s vice chairman, Senator Craig Thomas, to ensure it continues to operate in its traditional bipartisan fashion. Dorgan said he is hopeful that the committee will address the most critical issues that face American Indian communities.” I believe there is a bona fide crisis in Indian health care, education and housing, and this committee has an opportunity to make a real difference on those issues during this Congress,” Dorgan said. “I look forward to charting a course that will help move our American Indian communities forward.”

I wrote to Senator Dorgan to congratulate him on his appointment and quiz him about his awareness of Virginia Indian Tribes attempt to gain federal sovereignty. To date I have received no response.

Even if the both houses pass the bill the President must sign the bill to become effective.

I am concerned about the current political climate between to the two branches and threats of veto power surrounding IRAQ. I have emailed "White House Interactive Page" quizzing them on the President's position on this bill. I am not sure why its titled "interactive" their lastest posting is dated March 26, 2007 | 10:57 a.m.(EDT) and others date back to 2005. Native Americans is not on the list of topics on this website.

With Jamestown 2007 Celebration under way it will be interesting to see how fast this bill is placed on the agenda of the Senate Indians Affairs Committee.

Virginia Tech

2007-04-27T12:47:00.000-04:00

These are dark days for Virginia Tech, but the light of students shines bright in the world as their purpose becomes more clear. I have spoken to several students who remain strong in spirit. The HOKIE Nation's numbers are many all over the world and all shine their lights in these dark days to support those affected by this tragic event.

Messages such as, "Today we are all hokies" has shown the support from every corner of the globe. In the wake of bad things the good in all people come to light.

Political Status

2007-04-24T13:06:00.000-04:00

American Indians as Political Status

The United States recognizes Indian tribes as political entities with regards to Indian law and policy based on the political status of Indian tribes. Indian law is not based on a constitutional race law paradigm.

Morton v. Mancari – footnote 24 describes the federal legislation and rules relating to Indian tribes as a political classification. The implementation of the rule of Johnson v. M’Intosh, Indian treaties, and Acts of the First Congress offers significant evidence that the original understanding of the Founders was that Indian tribes and the federal government enjoy a political relationship, not racial.

Legal opinions of Justice Blackmun,[1] Justice Stevens,[2] and Judge Kozinski,[3] have been among the federal and state court judges confronted with the question of whether Indian law is a question of race law or politics. It is a rare occasion when federal courts are presented with the argument that statutes and regulations that create, for example, federal program preferences for Indian tribes or individual Indians are unconstitutional under the Fifth or Fourteenth Amendments,[4] Title 25 of the United States Code[5] relates to Indian Law. This area of Constitutional and Indian law is superficially theorized using judicial authority.

The First Congress’s statement of Indian policy in the 1790 Trade and Intercourse Act[6] is the first major Indian law decision from the Supreme Court, Johnson v. M’Intosh.[7] Johnson. It constitutionalized the rule that only the federal government could clear title to Indian land – or in the Court’s phrasing, “an exclusive right to extinguish the Indian title of occupancy, either by purchase or by conquest.”[8] Congress had already exercised its Indian Commerce Clause[9] power to ban the states from purchasing or acquiring Indian lands in the Trade and Intercourse Act.[10]

Indian law’s general perception is one of the race law paradigm created by the Constitution and recreated by the Fourteenth Amendment. Justice Blackmun’s footnote in Morton v. Mancari, describes federal legislation related to Indian tribes as a political classification[11] but offered insufficient guidance for lower courts.

American Indian law and policy can be researched back to the Johnson v. M’Intosh [12] and the Fourteenth Amendment and the treatment of Indian people under both the political and racial classifications. The rule of Johnson v. M’Intosh offers significant proof of this political relationship.

In order for Indian Law to be judged as race law they would be governed by the Fifth and Fourteenth Amendments. The main focus is that overwhelming political, legal, and historical evidence that the foundations of American Indian law are political, not racial.

While federal Indian law and policy has been on a track parallel to race law and appears to retain many of the same elements, courts and commentators misunderstand this relationship. As a result, they attempt to place Indian law into a cubbyhole in which it doesn’t fit – race law. As a result, courts and commentators continue to discuss whether certain statutes that apply only to American Indians should be analyzed under the rubric of Caroline Products’ footnote 4,[13] debating whether or not to apply strict scrutiny.

Next time, How International law can be used to view racial discrimination regarding the Virginia Indian tribe’s journey for sovereignty.

[1] Morton v. Mancari, 417 U.S. 535, 552-53 (1974) (“Literally every piece of legislation dealing with Indian tribes and reservations, and certainly all legislation dealing with the BIA, single out for special treatment a constituency of tribal Indians living on or near reservations. If these laws, derived from historical relationships and explicitly designed to help only Indians, were deemed invidious racial discrimination, an entire Title of the United States Code (25 U.S.C.) would be effectively erased and the solemn commitment of the Government toward the Indians would be jeopardized.”) (citing Simmons v. Eagle Seelatsee, 244 F. Supp. 808, 814 n. 13 (E.D. Wash. 1965), aff’d, 384 U.S. 209 (1966)).
[2] Adarand Constructors, Inc. v. Pena, 515 U.S. 200, 244-45 (1995) (Stevens, J., dissenting) (“We should reject a concept of ‘consistency’ that would view the special preferences that the National Government has provided to Native Americans since 1834 as comparable to the official discrimination against African-Americans that was prevalent for much of our history.”) (citing Mancari, 417 U.S. at 541).
[3] Williams v. Babbitt, 115 F.3d 657, 665 (9th Cir. 1997) (“If Justice Stevens is right about the logical implications of Adarand, Mancari’s days are numbered.”) (citing Adarand, 515 U.S. at 225-27, 244; Mancari, 415 U.S. 535; Stuart Major Benjamin, Equal Protection and the Special Relationship: The Case of the Native Hawaiians, 106 Yale L. J. 537, 567 (1996)).
[4] E.g., United States v. Antelope, 430 U.S. 641 (1977) (Fifth Amendment); Flynt v. California Gambling Control Commission, 129 Cal. Rptr. 2d 157 (Cal. App. 2002) (Fourteenth Amendment); cf. Rice v. Cayetano, 528 U.S. 495 (2000) (Thirteenth Amendment).
[5] See, e.g., Mancari, 417 U.S. at 552-53.
[6] Act of July 22, 1790, ch. 33, 1 Stat. 137.
[7] 21 U.S. 543 (1823).
[8] Johnson, 21 U.S. at 587.
[9] Const. art. I, § 8, cl. 3.
[10] See Act of July 22, 1790, ch. 33, 1 Stat. 137; Akhil Reed Amar, America’s Constitution, A Biography 108 n. (2005).
[11] Morton v. Mancari, 417 U.S. 535, 553 n. 24 (1974) (“The preference is not directed towards a ‘racial’ group consisting of ‘Indians’; instead, it applies only to members of ‘federally recognized’ tribes. This operates to exclude many individuals who are racially to be classified as ‘Indians.’ In this sense, the preference is political rather than racial in nature.”).
[12] 21 U.S. 543 (1823).
[13] United States v. Carolene Products Co., 304 U.S. 144, 152 n. 4 (1938).

Acknowledgement Process

2007-04-04T16:07:00.000-04:00

Acknowledgment Process under invesitgation
The Secretary of the Interior has delegated authority to make acknowledgment decisions to the Assistant Secretary - Indian Affairs.

Two months after the Schaghticoke Tribal Nation received federal recognition in 2004, then-Interior Department Secretary Gale Norton attended a meeting where she was told to reverse the tribe's federal status, court documents have revealed. Norton's and Cason were questioned under oath by the tribe's attorneys.

Cason said that he based the recognition reversal ''entirely on the recommendation and advice of OFA Director, Lee Fleming,'' given at a meeting held on Oct. 5, 2005. Schaghticoke decision would set a BIA precedent and be of historic importance.

The General Accounting Office was tasked with auditing the dysfunctional recognition process of the BIA. In November of 2001 the General Accounting Office evaluated the Bureau of Indian Affairs (BIA) tribal recognition process.

Findings delineate a process that is subject to manipulation and abuse. Basis for BIA is tribal recognition decisions is not always clear. No clear guidance to explain how to interpret key aspects of the criteria. Level of evidence for sufficiency to prove tribes continuous existence over a period resulting in less regulatory certainty about the basis for recognition decisions. This is a main concern of the Virginia Tribes.

THIS MESSAGE IS POSTED ON THE BIA WEBSITE:
The BIA website as well as the BIA mail servers have been made temporarily unavailable due to the Cobell Litigation. Please continue to check from time to time. We have no estimate on when authorization will be given to reactivate these sites.

110th session of Congress

2007-03-09T14:27:00.000-05:00

Rep. James P. Moran, D-Va., plans to introduce a bill that will grant the tribes - the Nansemond, Chickahominy, Eastern Chickahominy, Rappahannock and Upper Mattaponi, along with the Monacan Indian Nation - federal recognition as the 110th session of Congress gets under way, said Moran's press secretary, Austin Durrer.

On February 6, 2007 Moran introduced Senate Joint Resolution No. 333.

110th Congress Begins

2007-02-26T22:34:00.000-05:00

Senate Bill 480 did not gain federal recognition for the Virginia Indian Tribes.

Senator Byron Dorgan newly elected chairman of the Senate Indian Affairs Committee opened the first meeting of the 110th Congress. A new begin to a hopeful year.

Working closely with the committee’s vice chairman, Senator Craig Thomas; Dorgan wants the committee to address the most critical issues that face American Indian communities.

The crisis issues are:

Indian health care
Education
Housing

According to Dorgan these are the critical issues.

The Senate on Indian Affairs Committee has an opportunity to impact these issues during the 110th session of Congress.

All noble causes but, how will this affect the Virginia Tribes who do not have federal recognition?

Future posts will feature diversity, BIA acknowledgment, Indian Nations, Senate on Indian Affairs Committee and judicial precedence.

Dynamics change

2006-12-30T14:51:00.000-05:00

The dynamics of the game have changed. Senator Byron Dorgan has replaced Senator John McCain as chairman of the Indian Affairs Committee. Dorgan also chairs the Democratic Policy Committee (DPC) providing research and legislative support, publishing reports on important legislation and policy issues, tracking roll call votes.

Virginia Senator George Allen who introduced S.480 lost his seat in the November election.

In a letter I received from Virginia Senator John Warner (who is not a member of the Senate Committee on Indian Affairs) wrote:

“As you may know no further action on S.480 before Congress adjourned in 2006. For this bill to be considered again, it will have to be reintroduced next year. Please be assured that I will continue to fight for Virginia’s Native Americans, and I hope that they will ultimately receive the federal recognition they deserve.”

The 110^th Congress will begin January 4, 2007 and last through 2008.

Who will champion another bill?

Native America, Discovered and Conquered

2006-12-19T15:33:00.000-05:00

“Native America, Discovered and Conquered” will be featured as the ”Book of the Month” on Native America Calling on December 27, 2006. The show will air at 10 a.m. PST and 1 p.m. EST. Please visit www.nativeamericacalling.com to find out how you can listen to the show on your local radio station or on the internet.

Mind the Gap

2006-12-17T12:36:00.000-05:00

“MIND THE GAP”, how does the pursuit of federal recognition for Virginia Indian tribes differentiate from the efforts of other American Indian tribes in the past? Where’s the gap and why is this situation different? What tribal challenges do the Virginia Indians face?

Federal Recognition

2006-12-16T17:59:00.000-05:00

The purpose of this blog is to instigate a dialogue on the subject of federal recognition among the legal and Indian community. Six Virginia Indian Tribes collectively known as the “Thomasina Jordan” Indian tribes are seeking federal recognition. The sovereignty gained would provide any number of benefits from the federal government. The tribes already have recognition by the Commonwealth of Virginia that afford them certain benefits.

In an objective quest I plan to explore the both the pros and cons related to this issue. It is my intent by open dialogue to explore facts, rules, precedent, regulations, processes, and concepts that can be applied to the rule of law for a fair conclusion.

Statement

2006-12-16T13:06:00.000-05:00

Cultivating conversation lies at the centre of civilized people. Dialogue is simple but never the less defines complex purposes of conversation. Through the art of conversation we test prejudices, search for meaning to define critical issues. Formal expression is structured language for the sake of the community to define our ideas. The concept of expression through these mechanics collects and conveys a basis to name our feelings and thoughts, and place ourselves in the world.

Whether our ideas are wise, efficient, or prudent are never sufficient reason for thinking they become the law, nor the fact that some ideas are unjust, unwise, inefficient or imprudent is never sufficient reason for doubting them.

Whether a society has a legal system depends on the presence of certain structures of governance, not on the extent to which it satisfies ideals of justice, democracy, or the rule of law.