79–008 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–131 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 31) TO PROVIDE FOR 

THE RECOGNITION OF THE LUMBEE TRIBE OF NORTH CAROLINA, AND 

FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF THE 

BILL (H.R. 1385) 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 

JUNE 2, 2009.—Referred to the House Calendar and ordered to be printed 

Mr. CARDOZA, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 490] 

The Committee on Rules, having had under consideration House 

Resolution 490, by a non-record vote report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 31, the ‘‘Lumbee 

Recognition Act,’’ under a closed rule providing one hour of general 

debate in the House equally divided and controlled by the chairman and ranking minority member of the Committee on Natural 

Resources. The resolution waives all points of order against consideration of the bill except for clauses 9 and 10 of rule XXI. The 

amendment in the nature of a substitute recommended by the 

Committee on Natural Resources now printed in the bill shall be 

considered as adopted. The resolution waives all points of order 

against provisions of the bill, as amended. This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure). The resolution provides that the bill, as 

amended, shall be considered as read. The resolution provides one 

motion to recommit with or without instructions. 

The resolution also provides for consideration of H.R. 1385, the 

‘‘Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2009,’’ under a structured rule. The resolution provides 

one hour of debate equally divided and controlled by the chair and 

ranking minority member of the Committee on Natural Resources 

and waives all points of order against consideration of the bill except clauses 9 and 10 of rule XXI. The resolution provides that the 


wwoods2 on PRODPC68 with REPORTS
2 

amendment in the nature of a substitute recommended by the 

Committee on Natural Resources, now printed in the bill, shall be 

considered as an original bill for the purpose of amendment and 

shall be considered as read. The resolution waives all points of 

order against the amendment in the nature of a substitute except 

for clause 10 of rule XXI the bill. This waiver does not affect the 

point of order available under clause 9 of rule XXI (regarding earmark disclosure). The resolution makes in order only those amendments printed in this report. The resolution provides that the 

amendments made in order may be offered only in the order printed in this report, may be offered only by a Member designated in 

this report, shall be considered as read, shall be debatable for the 

time specified in this report equally divided and controlled by the 

proponent and an opponent, shall not be subject to amendment, 

and shall not be subject to a demand for division of the question 

in the House or in the Committee of the Whole. The resolution 

waives all points of order against the amendments printed in the 

report except for clauses 9 and 10 of rule XXI. Finally, the resolution provides one motion to recommit H.R. 1385 with or without instructions. 

EXPLANATION OF WAIVERS

Although the rule waives all points of order against consideration 

of H.R. 31 (except for those arising under clauses 9 and 10 of rule 

XXI) and against provisions of the bill, as amended, the Committee 

is not aware of any points of order. The waivers of all points of 

order are prophylactic. 

Although the rule waives all points of order against consideration 

of H.R. 1385 (except for those arising under clauses 9 and 10 of 

rule XXI) and against the committee amendment in the nature of 

a substitute (except for those arising under clause 10 of rule XXI), 

the Committee is not aware of any points of order. The waivers of 

all points of order are prophylactic. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 104 

Date: June 2, 2009. 

Measure: H.R. 31. 

Motion by: Dr. Foxx. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment to H.R. 31 by Reps. Shuler (NC), 

Minnick (ID), McHenry (NC), #1, an amendment in the nature of 

a substitute, which would allow the Lumbee Tribe of North Carolina to undergo the standard recognition process through the Department of Interior. It would require that their petition be processed and a decision issued within 18 months of submission. It 

would prohibit the Assistant Secretary from taking into account the 

number of members listed on the petition during consideration of 

the petition. 

Results: Defeated 2–7. 


wwoods2 on PRODPC68 with REPORTS
3 

Vote by Members: Hastings—Nay; Matsui—Nay; Cardoza—Nay; 

Arcuri—Nay; Pingree—Nay; Polis—Nay; Dreier—Yea; Foxx—Yea; 

Slaughter—Nay. 

SUMMARY OF AMENDMENTS TO BE MADE IN ORDER FOR H.R. 1385

(Summaries derived from information provided by sponsors.) 

1. Goodlatte (VA): Would provide that eminent domain may not 

be used to acquire lands in fee or in trust for an Indian tribe recognized under this Act. (10 minutes) 

2. Goodlatte (VA): Would amend section 506(a) of the bill to remove all counties except Amherst County, Virginia. (10 minutes) 

TEXT OF THE AMENDMENTS TO BE MADE IN ORDER FOR H.R. 1385

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GOODLATTE OF VIRGINIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following new title: 

TITLE VII—EMINENT DOMAIN 

SEC. 701. LIMITATION. 

Eminent domain may not be used to acquire lands in fee or in 

trust for an Indian tribe recognized under this Act. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GOODLATTE OF VIRGINIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 51, beginning on line 1, strike ‘‘Albemarle’’ and all that follows through ‘‘Virginia’’ on line 4 and insert ‘‘Amherst County, Virginia’’. 

Page 51, line 7, strike ‘‘Albermarle’’ and all that follows through 

‘‘Virginia’’ on line 10 and insert ‘‘Amherst County, Virginia’’. 

Æ 


wwoods2 on PRODPC68 with REPORTS