Richmond Times Dispatch - Virginia's Tribes Deserve Federal Recognition

Richmond Times Dispatch (Virginia)

HEADLINE: VIRGINIA'S TRIBES DESERVE FEDERAL RECOGNITION...

BYLINE: George Allen, George Allen represents Virginia in the U.S. Senate.,

DATELINE: Washington.

BODY:
The Commonwealth of Virginia is preparing for the 400th anniversary of the founding of Jamestown, bringing attention to the role of Virginia's first English settlers in laying the foundation for our nation today. Also, let's remember that present were many organized tribes of Indians in what would become known as Virginia.

While American Indians in Virginia have contributed to the diverse nature and heritage of the Commonwealth, they have gone without official federal recognition and suffered wrongful injustices during our nation's history. Legislation is necessary to give these tribes what they have long sought and what the Commonwealth of Virginia gave them many years ago - official recognition.

Federal recognition would allow tribal members to receive modest federal benefits and services extended to other recognized tribes, such as assistance for higher education and health care through the Indian Health Service.

In October of 2003, for the first time in history, the Senate Indian Affairs Committee approved my legislation to provide federal recognition to six of Virginia's Indian tribes: the Chickahominy Tribe; the Chickahominy Indian Tribe, Eastern Division; the Upper Mattaponi Tribe; the Rappahannock Tribe, Inc.; the Monacan Indian Tribe; and the Nansemond Indian Tribe.

BUT THERE ARE those who oppose the legislation, not on the merits of the claims for official recognition, but rather out of fear of bringing gambling to Virginia through the Indian Gaming Regulatory Act, or the mistaken notion that tribal businesses will be able to compete unfairly with others by not collecting sales or gasoline taxes. Neither of these, however, should be of concern.

The legislation I sponsored specifically makes land taken into reservation by any of the six tribes ineligible for an exemption to the 1988 prohibition on gambling imposed by the Indian Gaming Regulatory Act. Not only is this the first time such strong anti-gambling language has been adopted by the committee, but even if it had not been, the approval of the Governor would still be required for a casino gambling proposition to move forward.

In addition to all of this, the leaders of the six tribes have stated often that they have no interest in gambling and will not pursue the establishment of any kind of gambling on tribal lands. No better indication of their sincerity can be found than in the fact that, although currently eligible to conduct Bingo games, they do not.

The sales and gas tax argument likely stems from the fact that some Western states have entered into special compacts with tribes in those states that allow a business located on a reservation to collect a reduced tax on goods sold or, in some cases, no tax at all. However, the Supreme Court has already decided that states can require taxes to be collected and remitted for goods sold to customers who are not members of the tribe itself. Meaning that, unless some future Virginia General Assembly and Governor decided to enter into a compact with the tribes - something very unlikely to occur - the tribes would be required to collect and remit all taxes, the same as any other business.

ACCORDING TO the U.S. Census Bureau there are more than 21,000 American Indians in Virginia. In 1999 the Virginia General Assembly took the first step of correcting the lack of official recognition for the Commonwealth's Indian tribes by passing a resolution calling on the U.S. Congress to grant federal recognition to the tribes in Virginia.

My legislation would offer the last step in what has been a long struggle for many of Virginia's determined Indian tribes. In fact, the legislation is named for a dear friend, Thomasina Jordan. As Governor, I appointed Thomasina as chairman of the Virginia Council on Indians, and she served as an adviser to me in many ways over the years. Thomasina was a great leader and civil rights activist in Virginia; she worked tirelessly, paving the way for this legislation.

Regrettably, she passed away in 1999 after a long and courageous battle with cancer. Thomasina's effort to ensure equal rights and recognition to all American Indians continues today, and I can imagine her with a big smile right now as a result of the positive reception our legislation has received.

The ancestors of the Virginia Indian tribes experienced deplorable racial discrimination at the hands of the government of the Commonwealth of Virginia through a policy designed to eliminate any record of Indian ancestry. I have sponsored and fought for this legislation, and have addressed the concerns of the bill's opponents, to keep our focus where it needs to be - on doing what is right. In my view, correcting a historical injustice suffered by Virginia's Indian tribes drastically outweighs any negative effects the opposition may imagine.

I am proud to be offering the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act, and believe we have an opportunity and responsibility to correct a historical injustice with this legislation.