Nick Rahall

Mr. RAHALL

Mr. RAHALL. Madam Speaker, the 14th of June is an important day for all Americans, the day we celebrate the American Flag. The American Flag is a proud and prominent symbol of our great Nation and celebrating this important icon shows respect for the millions of Americans who consider the flag a representation of our nation's most fundamental traditions and beliefs. As a member of Congress, I feel great pride when I see our striking stars and stripes flying over the majestic United States Capitol. Whether the Flag is flying among the mountains of southern West Virginia or above our nation's capitol, it is a sign of our nation's commitment to working together across our vast and diverse land to create one great nation. Our flag flies in every state and around the World at our embassies in foreign lands. Today, the flag consists of thirteen horizontal stripes, seven red, alternating with six white, reminding us always of our Nation's humble beginnings as just thirteen colonies. The stars illustrate our one country with 50 independent and unique states each with a separate state government. Together, the stars and stripes reflect our efforts to create a unified nation with united principles joined together under one Flag for over 200 years. In 1947, President Harry S. Truman signed legislation requesting National Flag Day become an annual event, and since that day we have been celebrating our stately Flag every year. On Capitol Hill, the United States Flag is celebrated everyday. Flags are flown over the Capitol each day of the year in honor of birthdays, retirements, and, as well as in the memory of loved ones lost. These flags are then shipped directly from congressional offices with an official certificate from the Architect of the Capitol, declaring the date and occasion for which the flag was flown. I ask that you join me in supporting House Resolution 420, thereby celebrating this American symbol, honoring our country, our men and women who have served and are currently serving in the United States Armed Forces, our veterans who bravely fought beneath flag, and all citizens who proudly fly the American Flag to show their support for our great country, and the ideals this great Flag represents.

Mr. RAHALL

Mr. RAHALL. I yield back the balance of my time.

Mr. RAHALL. Madam Speaker, I'm most delighted to yield 10 minutes to the distinguished gentleman from North Carolina (Mr. McIntyre), lead sponsor of this legislation, and, again, commend him for his tremendous leadership. (Mr. McINTYRE asked and was given permission to revise and extend his remarks.)

Mr. RAHALL. To my colleagues on both sides of the aisle, let me begin by saying that this measure, which would extend Federal recognition to the Lumbee Tribe of North Carolina, is more than a century overdue. When 240 of us voted for Federal recognition during the 102nd Congress, that should have resolved the question of Lumbee status. When we voted again in favor of similar legislation in the 103rd Congress, that certainly should have meant that the United States had finally taken a stand and done the right thing by acknowledging a trust relationship with the Lumbee Tribe, but it was not to be. Last Congress, the Lumbee Tribe Recognition Act passed the House of Representatives with 256 votes but, unfortunately, this legislation stalled in the Senate. So here we are again today, over 115 years after the Lumbee first sought Federal recognition, still attempting to clarify their status. The history and struggle of the Lumbee Tribe to obtain Federal acknowledgment has been well documented. When Congress passed the Lumbee Act of 1956, it simultaneously recognized and terminated the Lumbee Tribe by acknowledging their status as an Indian tribe by denying them Federal service. That act was passed during the era of Federal Indian policy known as the Termination Era. If you examine the results of the Termination Acts of the 1950s, you would see how detrimental that misguided policy was to the terminated tribes. Through it all, the Lumbee Tribe has managed to maintain their sense of community and provide some services to their citizens. This is a testament to the fact that the Lumbees have a functioning government worthy of Federal acknowledgment. Yet the Lumbee people still do not have the government-to-government relationship they deserve. At no time has the Department of the Interior ever opposed Federal recognition for this tribe based on the belief that the Lumbees are not entitled to such status. Indeed, the Department has repeatedly concluded that the Lumbee Tribe descends from similar speaking tribes. Several studies undertaken by the Department have consistently concluded that the Lumbees are a distinct, self-governing Indian community which has been historically located on the Lumbee River in North Carolina. During President Obama's campaign, he pledged his full support for recognition of the Lumbee people. At the Natural Resources hearing this year, the administration testified in support of H.R. 31 stating: ``There are rare circumstances when Congress should intervene and recognize a tribal group. And the case of Lumbee Indians is one such case.'' During this debate, we may hear a number of canards against Lumbee recognition but not one will be a legitimate reason to deny recognition. One such relates to the different names given the Lumbee Tribe. Although the State of North Carolina has recognized the tribe for over 100 years, it has done so under various names. Other than the Lumbee Tribe, North Carolina is responsible for the various names that it imposed upon the tribe. It was not until the tribe pressured the State that the tribe was authorized to conduct a referendum to choose their own name. When it did so in 1951, it chose the name Lumbee Indians of North Carolina. This is the only name ever selected by the tribe, and it is this name by which Congress, in 1956, recognized the Lumbees. Some have expressed concern about the cost of this bill, and I want to note that the cost of this bill is for discretionary programs only. There is no mandatory spending. Any actual costs to this bill are subject to appropriations. To address claims that the tribe was only interested in Federal recognition so that they may conduct gaming, the tribe supported an outright gaming prohibition which has been included in this bill. The gaming prohibition precludes the Lumbee Tribe from engaging in, licensing, or regulating gaming pursuant to the Indian Gaming Regulatory Act or any other Federal law. Finally, some may argue that the Lumbees should not be allowed to bypass administrative process established by the Bureau of Indian Affairs and should be allowed to go through the administrative process. I can assure you extending Federal recognition to a tribe at this time is not something new, nor does it bypass administrative process. If a tribe has been terminated by the Federal Government, they are ineligible for the administrative process. Because we, the Congress, terminated the Lumbees in 1956, it is solely our responsibility to restore their status. In closing, I would like to commend the gentleman from North Carolina, Mr. Mike McIntyre, for his dedication to this issue. Over the years, he has acted in a professional and respectful manner in his tireless efforts, his superb leadership. This bill has garnered 185 cosponsors. Mr. McIntyre's dedication to the Lumbee people is most admirable, and I'm sure they recognize and salute him for that dedication. I would also like to commend the Lumbee Tribe for being extremely patient with Congress as we have failed to clarify their status for far too long. In the face of adversity, their determination and sheer stamina has served as testament to their belief in who they are as a people. They have endured rejection by Congress, hostility by the Bureau of Indian Affairs, and have even been snubbed in their quest by neighboring Indian tribes unwilling to have the Lumbee recognized the Congress as they were. All the Lumbee want is the respect of being acknowledged for who they are--an American Indian tribe. Let us join this effort to grant the Lumbee the recognition they have so long deserved. It is up to us to do the right thing by extending Federal recognition to the Lumbee Tribe, and I urge all of my colleagues to support H.R. 31. I reserve the balance of my time.

Mr. RAHALL. Madam Speaker, I yield 5 minutes to the gentleman from American Samoa (Mr. Faleomavaega). (Mr. FALEOMAVAEGA asked and was given permission to revise and extend his remarks.)

Mr. RAHALL. Madam Speaker, pursuant to House Resolution 490, I call up the bill (H.R. 31) to provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes, and ask for its immediate consideration in the House.

Mr. RAHALL. Wow. Madam Speaker, it certainly has been a torturous and long path for the Lumbee Indian Tribe. This is but yet another stake that is attempted to be driven in their heart. It is long established policy in this country for Indian tribes to determine their own membership, their own roll. This motion to recommit would single out the Lumbee Tribe as the only tribe in America that would be subject to this new requirement. It's discriminatory. It's ugly. It deserves to be defeated. I want to make something very clear before yielding to the gentleman from North Carolina. This is not something new that we're doing today, granting Federal recognition to an Indian tribe. There are 561 federally recognized Indian tribes according to the GAO. Of those, 530 were recognized by the Congress of the United States. That would be this body. That's 530 of 561. And none were recognized under the criteria that's being offered in this motion to recommit. I yield the balance of my time in opposition to the gentleman from North Carolina (Mr. McIntyre).

Mr. RAHALL. Madam Speaker, if I have time left, I yield to the gentleman from American Samoa.

Mr. RAHALL. I yield 1\1/2\ minutes to the gentleman from American Samoa.

Mr. RAHALL. Madam Speaker, I yield back the balance of my time.

Mr. RAHALL. I rise in opposition to the motion to recommit.

Mr. RAHALL

Mr. RAHALL. Would the gentleman yield?

Mr. RAHALL. I appreciate the gentleman yielding. Under existing law, as the gentleman knows, and under this legislation, the Interior Secretary may place land owned by an Indian tribe into trust as part of a tribe's reservation. Eminent domain does not enter the picture. Indeed, the pending legislation states for each of the six tribes involved that the Secretary may take into trust ``any land held in fee by the tribe that was acquired by the tribe.'' Considering that neither the Interior Secretary or, for that matter, these tribes, made eminent domain authority, the gentleman's amendment is chasing a problem that does not exist. But having said that, if it makes the gentleman from Virginia feel better, and if it makes him more comfortable with this bill, and since it does pose no harm, I will accept the amendment.

Mr. RAHALL. Mr. Chairman, I yield 3 minutes to the gentleman from Washington (Mr. McDermott). (Mr. McDERMOTT asked and was given permission to revise and extend his remarks.)

Mr. RAHALL. Mr. Chairman, I yield myself the balance of my time. Just to respond to my dear friend, the gentleman from Washington, the Carcieri decision did not impact Congress' power to place land into trust for an Indian tribe directly or Congress' power to authorize the Secretary to place land in a trust for a specific tribe beyond the general authority found in the Indian Reorganization Act. There is much precedent for this legislation. Congress has recognized other Indian tribes and placed land into trust and/or authorized the Secretary to place land into trust for those tribes on numerous occasions. So I just conclude by saying that this legislation, again, is not affected by the Carcieri decision, nor does this legislation overturn said decision. Mr. Chairman, I have no further requests for time, and I yield back the balance of my time.

Mr. RAHALL. Mr. Chairman, I yield 5 minutes to the gentleman from Virginia (Mr. Moran).

Mr. RAHALL. Mr. Chairman, I am happy to yield 2 minutes to the very valued member of our Committee on Natural Resources, the gentleman from American Samoa (Mr. Faleomavaega). (Mr. FALEOMAVAEGA asked and was given permission to revise and extend his remarks.)

Mr. RAHALL. Mr. Chairman, I recognize for 3 minutes the gentleman from Virginia, one of the cosponsors of the legislation, Mr. Bobby Scott.

Mr. RAHALL. Mr. Chairman, how much time remains on both sides?

Mr. RAHALL. I yield the gentleman 2 additional minutes.

Mr. RAHALL. I yield the gentleman 3 additional minutes.

Mr. RAHALL. Thank you, Mr. Chairman. I yield myself such time as I may consume. Mr. Chairman, we are here today, over 400 years after the first English settlers landed in what became Jamestown, Virginia, to finally acknowledge a government-to-government relationship with some of the Indian tribes who met those early settlers. While the House passed a prior version of this legislation last Congress, the bill was not considered in the Senate, so we are here again. H.R. 1385, the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2009, extends Federal recognition to the Virginia tribes that have lived in Virginia since before the settlers of Jamestown first arrived. This bill is sponsored by our colleague, Representative Jim Moran of Virginia, and enjoys bipartisan support, including from other Virginia colleagues, Congressman Rob Wittman, Bobby Scott, Thomas Perriello, and Gerry Connolly. I, too, am a cosponsor of H.R. 1385. The bill is named for Thomasina ``Red Hawk Woman'' Jordan, whose lifelong pursuit of advancing Native American rights encompassed the promise of education for all Indians and securing Federal recognition of Virginia Indian tribes. Ms. Jordan also served as chairperson of the Virginia Council of Indians. H.R. 1385 would extend Federal recognition status to six Indian tribes of Virginia. All six tribes have obtained State recognition by the State of Virginia. Former Virginia Governors George Allen and Mark Warner, as well as current Governor Tim Kaine have endorsed the tribes' recognition as sovereign governments. During his recent trip to England, President Obama presented Queen Elizabeth with an iPod. Included on the iPod was a copy of the 400th anniversary ceremony commemorating the establishment of Jamestown, Virginia, that she attended last year. The highlight of this ceremony included the Queen and the Virginia Indian tribes. These six Virginia tribes have faced hundreds of years of discrimination, abuse, and outright attempts to extinguish their existence and rob them of their heritage. From 1912 to 1947, Dr. Walter Plecker, a white supremacist, set out to rid the Commonwealth of Virginia of any documents that recorded the existence of Indians or Indian tribes living therein. He was instrumental in ensuring passage of the Racial Integrity Act in 1924, making it illegal for individuals to classify themselves or their newborn children as Indian. But he went further than that and spent decades changing the race designation on birth certificates and on other legal documents from ``Indian'' to ``Colored,'' ``Negro'' or ``Free Issue.'' Throughout it all, the Virginia Indians did not break but held firm to their culture and to their identity. To address claims that tribes are only interested in Federal recognition so they may conduct gaming, all six tribes supported an outright gaming prohibition to be included in this bill. This gaming prohibition precludes the Virginia tribes from engaging in, licensing or regulating gaming pursuant to the Indian Gaming Regulatory Act on their lands. Congressman Moran has spent several years tirelessly working to achieve Federal recognition for Virginia's First Americans. It is because of his tireless dedication to this issue that this legislation is before us today. It is time to put this issue to rest and to do the right thing by extending Federal recognition to these tribes. I urge all of my colleagues to join me today in creating a government-to- government relationship with these Virginia tribes. I reserve the balance of my time.

Mr. RAHALL. Mr. Chairman, I am happy to yield 3 minutes to the distinguished gentleman from Virginia (Mr. Moran), the main sponsor of this legislation and without whose leadership we would not be considering it today.

Mr. RAHALL

Mr. RAHALL. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on H.R. 1385.

Mr. RAHALL

Mr. RAHALL. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on H.R. 31.