Virginia, a land steeped in history, is not only the site of early English settlements but also the ancestral home to numerous Native American tribes. These tribes, the original inhabitants of the land, have long sought formal recognition from the United States federal government, a designation that carries significant implications for their sovereignty, cultural preservation, and access to essential resources. However, this pursuit has been met with resistance, primarily stemming from casino interests and other groups who perceive potential economic threats.
The push for federal recognition is spearheaded by several Virginia tribes, most notably the Pamunkey, a tribe whose historical significance is intertwined with the story of Pocahontas, a figure romanticized in American folklore. Along with the Pamunkey, other tribes such as the Chickahominy, Eastern Chickahominy, Mattaponi, Upper Mattaponi, Rappahannock, Nansemond, Monacan, Cheroenhaka (also known as the Nottoway), and Patawomeck are also deeply involved in the struggle. Federal recognition would unlock access to vital federal funding and resources, including housing assistance, educational programs, healthcare services, and other forms of financial aid administered by the Bureau of Indian Affairs (BIA). This assistance is crucial for improving the living conditions and well-being of tribal members, preserving their cultural heritage, and strengthening their self-governance.
Currently, while the Commonwealth of Virginia recognizes 11 tribes, this state recognition does not carry the same weight or benefits as federal acknowledgement. As of now, none of Virginia’s tribes are recognized by the U.S. government, placing them at a disadvantage compared to the 566 federally recognized tribes across the nation. The process for obtaining federal recognition is complex and can be achieved through two primary avenues: a direct act of the U.S. Congress or through a lengthy administrative process overseen by the BIA, a division of the U.S. Interior Department.
The Pamunkey tribe chose the latter route, submitting their application to the BIA. Their case generated considerable anticipation, with a decision expected by the end of July of a past year. Meanwhile, six other Virginia tribes – the Chickahominy, Eastern Chickahominy, Monacan, Nansemond, Upper Mattaponi, and Rappahannock – formed a coalition known as the Virginia Indian Tribe Alliance for Life (VITAL), opting to pursue federal recognition through congressional legislation. Wayne Adkins, Assistant Chief of the Chickahominy tribe, serves as the president of VITAL.
The Significance of Federal Recognition
Federal recognition signifies a profound shift in the relationship between a tribe and the U.S. government. It acknowledges the tribe as a sovereign entity with the right to self-governance within defined parameters. This status allows tribes to exercise greater control over their lands, resources, and internal affairs. Furthermore, it opens the door to a range of federal programs and services designed to support tribal communities.
Senator Tim Kaine, a Democrat representing Virginia, has been a vocal advocate for federal recognition of the Virginia tribes. He co-sponsored legislation aimed at granting federal status to the six tribes represented by VITAL, emphasizing the historical injustice of denying these tribes the recognition they deserve. Representative Rob Wittman, a Republican representing Virginia’s 1st Congressional District, also co-sponsored the legislation, highlighting the deep connection between these tribes and the birth of the nation. He stressed that their federal recognition status is long overdue. Both legislators acknowledged the integral role of the Virginia Indian tribes in the Commonwealth’s and the nation’s history.
Obstacles and Opposition
Despite the broad support from Virginia’s representatives, the path to federal recognition has been fraught with challenges. Tribes seeking federal status must meet stringent criteria, including demonstrating continuous existence as a distinct community since at least 1900, tracing lineage to a historical tribe, and exercising political authority over their members. Virginia Indians struggle for federal recognition because these requirements are particularly difficult for Virginia tribes to fulfill due to unique historical circumstances.
One major obstacle is the absence of formal treaties between the Virginia tribes and the U.S. government. Unlike tribes in other regions of the country, the Virginia tribes primarily interacted with the English Crown before the establishment of the United States, resulting in a lack of treaty agreements with the subsequent American government. This lack of treaties complicates the process of establishing a formal government-to-government relationship.
Adding to the difficulties is the devastating impact of the "paper genocide" inflicted upon Virginia’s tribes in the early 20th century. The Racial Integrity Act of 1924, enacted by the Virginia General Assembly, aimed to enforce strict racial segregation and prevent interracial marriage. Under the direction of Walter Plecker, the registrar of Virginia’s Bureau of Vital Statistics and a staunch white supremacist, the act led to the systematic destruction of birth records, marriage certificates, and land titles belonging to Virginia’s tribes. Plecker’s campaign of racial classification forced Indians to be reclassified as "colored," effectively erasing their Native American identity from official records. This deliberate act of cultural erasure has created significant challenges for tribes attempting to document their continuous existence and lineage, a key requirement for federal recognition.
Furthermore, opposition from outside groups has intensified the struggle. Casino giant MGM, which operates the MGM National Harbor gaming resort across the Potomac River in Maryland, has actively lobbied against federal recognition for the Virginia tribes. MGM’s opposition is widely believed to stem from concerns that federally recognized tribes could potentially open competing casinos in Virginia, impacting MGM’s market share.
MGM, along with a group called Stand Up for California, has raised a number of objections to the Pamunkey tribe’s petition, questioning the tribe’s continuous descent from the historical Pamunkey who interacted with Captain John Smith at Jamestown in 1607. They argue that historical gaps in Pamunkey records and instances of intermarriage with other tribes and non-Indians undermine the BIA’s conclusions regarding tribal descent.
Beyond questions of lineage, MGM and Stand Up for California have also highlighted discriminatory practices allegedly employed by the Pamunkey tribe in the past, including rules prohibiting members from marrying African-Americans and restricting women from marrying non-Pamunkey men, voting, and holding office. These allegations have drawn criticism from the NAACP and members of the Congressional Black Caucus, further complicating the tribe’s path to federal recognition.
The Casino Factor and Broader Implications
The influence of casino interests in the debate over Virginia Indians struggle for federal recognition raises broader questions about the role of economic factors in determining tribal sovereignty. Wayne Adkins, Assistant Chief of the Chickahominy tribe, expressed frustration at the perception that the primary motivation for seeking federal recognition is to open casinos. He emphasized that the tribes’ desire for recognition is rooted in a deeper need for self-determination, cultural preservation, and access to essential resources.
Gregory Smithers, an associate professor of history at Virginia Commonwealth University, notes that while federal recognition does not guarantee wealth, it does provide access to federal annuities administered through the Department of Interior. These funds can be used for a variety of purposes, including healthcare, education, infrastructure development, and cultural preservation.
Recognizing the concerns surrounding potential gaming operations, the legislation sponsored by Senators Kaine and Wittman explicitly prohibits the Virginia tribes from engaging in gambling activities. This provision aims to address the opposition from casino interests and ensure that federal recognition is not solely viewed as a pathway to gaming revenue.
The struggle of Virginia Indians struggle for federal recognition highlights the complex interplay of history, identity, politics, and economics in shaping the relationship between Native American tribes and the U.S. government. While the pursuit of federal status remains an ongoing challenge, the Virginia tribes continue to advocate for their rights and seek to secure their rightful place in the nation’s history. Their efforts serve as a testament to their resilience, determination, and unwavering commitment to preserving their cultural heritage for future generations.