H. Res. 490: H.R. 1385 - Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2009; H.R. 31 - The Lumbee Recognition Act

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Tuesday,  June 2, 2009.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 231 – 174 on Wednesday, June 3, 2009.

MANAGERS: Cardoza/Dreier

111th Congress 
1st Session

H.RES 490

[Report No. 111-131]

 

H.R. 31-Lumbee Recognition Act

H.R. 1385-Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2009

1.      Closed rule for consideration of H.R. 31.

2.      Provides one hour of debate in the House equally divided and controlled by the Chairman and Ranking Minority Member of the Committee on Natural Resources.

3.      Waives all points of order against consideration of the bill except clauses 9 or 10 of Rule XXI.

4.      Provides that the committee amendment in the nature of a substitute recommended by the Committee on Natural Resources, now printed in the bill, shall be considered as adopted.

5.      Provides that the bill, as amended, shall be considered as read.

6.      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).

7.      Provides one motion to recommit with or without instructions.

8.      Structured rule for consideration of H.R. 1385.

9.      Provides one hour of general debate equally divided and controlled by the Chairman and Ranking Minority Member of the Committee on Natural Resources.

10.  Waives all points of order against consideration of the bill except clauses 9 or 10 of rule XXI.

11.  Provides that the committee 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.

12.  Provides that the amendment in the nature of a substitute shall be considered as read. 

13.  Waives all points of order against the amendment in the nature of a substitute except clause 10 of rule XXI.  This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).

14.  Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.

15.  Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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.

16.  Waives all points of order against the amendments printed in the report except for clauses 9 or 10 of rule XXI.

17.  Provides one motion to recommit with or without instructions.

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RESOLUTION

Resolved, That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 31) to provide for the recognition of the Lumbee Tribe of North Carolina , and for other purposes.  All points of order against consideration of the bill are waived except those arising under clause 9 or 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 bill, as amended, shall be considered as read.  All points of order against provisions of the bill, as amended, are waived.  The previous question shall be considered as ordered on the bill, as amended, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Natural Resources; and (2) one motion to recommit with or without instructions.

            Sec. 2. At any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union 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.  The first reading of the bill shall be dispensed with.  All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.  General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Natural Resources.  After general debate the bill shall be considered for amendment under the five-minute rule.  It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill.  The committee amendment in the nature of a substitute shall be considered as read.  All points of order against the committee amendment in the nature of a substitute are waived except those arising under clause 10 of rule XXI.  Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution.  Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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.  All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI.  At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted.  Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute.  The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

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

1. Goodlatte (VA), #1, 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), #2, Would amend section 506(a) of the bill to remove all counties except Amherst County, Virginia . (10 minutes)