Categories
News

Victory at last

After years of public outcry, the James River Water Authority has abandoned its plans to build a water intake and pump station at Rassawek, the historic capital of the Monacan Indian Nation. 

Last week, the authority—a partnership between Fluvanna and Louisa counties—unanimously voted to apply for permits for an alternative project site, located about two miles upstream from Rassawek. JRWA has also agreed to transfer ownership of its portion of Rassawek to the Nation. 

During a virtual press conference last week, Monacan Tribal Chief Kenneth Bran­ham, along with attorneys Greg and Marion Werkheiser of Cultural Heritage Partners, celebrated the long-awaited victory, and reflected on the painful battle to protect the historical and cultural site.

“This has been a long road,” said Branham. “We are glad to be moving forward in a spirit of cooperation, to ensure the citizens get their drinking water, and our ancestral capital of Rassawek and the burials of our ancestors are protected.”

Located in Fluvanna County, Rassawek has been an important site for the Monacan Indian Nation for over 4,000 years. British colonist John Smith included Rassawek in his 1612 map of Virginia, and the Smithsonian Institution documented the archaeological resources and human burials at Rassawek beginning in the 1880s. 

File photo.

Before Europeans colonized North America and committed genocide against Indigenous peoples, the Monacans occupied around half of what is now Virginia. Today, the Nation—with around 2,600 citizens—is the largest federally recognized tribe in the state.

In 2014, the JRWA began planning to build a water pump station and pipeline, which would eventually serve the growing Zion Crossroads area, on top of Rassawek. Though the state’s department of historic resources, preservation groups, and archaeologists warned them about Rassawek’s historical and cultural significance, the authority purchased land at the site in 2016. 

JRWA did not alert the Monacan Indian Nation of its plans until 2017. The following year, the tribe hired legal counsel, who discovered through public records that the authority had 13 alternative sites for the project from the beginning—but wanted to cut costs by building it on top of Rassawek.

“The tribe had been told that the water authority had looked at a bunch of alternatives and determined that none of them were viable,” explained Greg Werkheiser. “What we discovered when we went in and did a request to the public records…was that, very freely in these documents, the water authority’s advisors were saying ‘yes, there are other viable sites but let’s go with the cheap one.’”

After the water authority applied for a permit in 2020, more than 12,000 individuals and organizations spoke out in support of the Monacans. The National Trust for Historic Preservation put Rassawek on its annual list of America’s most endangered historic places, rallying even more support for the cause.

“We are all caretakers of human stories. If saving Monacan history was the only business of the Monacan people, then Rassawek would have been lost a long time ago. But with citizens and leaders of all walks of life and backgrounds, many non-Monacans saw the fight for our history as their fight,” said Branham. “It’s only by preserving stories…that we can make a strong society.”

The same year, the state disqualified JRWA’s archaeologist, and the tribe filed a lengthy complaint with the Army Corps of Engineers, detailing why the project should not be legally permitted.

In light of this strong public outcry, JRWA brought the project to a halt in August 2020, and agreed to look into alternative options. It hired archaeologists approved by the Nation to ensure there were no human remains at the second site, which already has a road nearby. “If there were archaeological remains there, they were undoubtedly destroyed when that roadway was put in,” said Greg Werkheiser.

The archaeologists confirmed there were no burials at the alternative site last December, and the Nation agreed to officially support building there. JRWA plans to apply for a new permit for the alternative site this spring. 

During the press conference, the attorneys reflected on Virginia’s long, painful history of oppressing Indigenous peoples. In the early 20th century, Walter Plecker—a physician, eugenicist, and white supremacist—headed Virginia’s Bureau of Vital Statistics, and helped to pass the Racial Integrity Act of 1924. In addition to criminalizing interracial marriage, the law required every newborn child be classified either as “White” or “Colored,” aiming to erase Indigenous peoples and their identity. State registrars changed birth certificates from “Indian” to “Colored,” and Indigenous peoples were banned from white schools, hospitals, and other public areas. 

Branham briefly shared the struggles he faced growing up in Amherst County, thanks to Plecker’s eugenicist efforts. He and his siblings all had different races on their birth certificates, and were not allowed to attend public school until 1962—eight years after Brown v. Board of Education.

“People put us down and didn’t take the time to get to know us. We are proud of who we are,” said Branham.

Decades of erasure made it extremely difficult for Virginia’s tribes to meet the strict criteria for federal recognition. Six Virginia tribes—including the Monacans—did not win federal recognition until 2018.

Last fall, former Virginia governor Ralph Northam issued an executive order requiring the state to consult with tribes on permits that could affect their environmental, historic, and cultural resources. It will remain in effect unless Governor Glenn Youngkin amends or rescinds it. During this year’s General Assembly session, a bill codifying the requirement into state law passed the Democratic-majority state senate, but stalled in the Republican-majority House of Representatives. The House Agriculture Committee agreed to discuss the bill again next year.

“The fight to save Rassawek is one of the first instances in which a Virginia tribe has drawn a hard line in the sand and leveraged its new federal recognition status,” said Greg Werkheiser. “It will not be the last time a tribe draws a line in the sand.” 

The attorneys expressed hope that the victory at Rassawek will help other tribes to preserve their land and resources nationwide, and stressed the importance of using multiple strategies at once to win the battle.

“It was not legal arguments, political lobbying, grassroots advocacy, public and media messaging, or coalition building alone that resulted in success—it was an all-of-the-above strategy,” said Greg Werkheiser. “Citizen volunteers proved indispensable.”

“This resolution reveals the false choice between preservation and development,” added Marion Werkheiser. “Early and honest dialogue with tribal nations and other potentially impacted communities can identify concerns, speed development, and avoid unnecessary project costs and delays.”

According to the attorneys, the Rassawek site is owned by multiple people. Cultural Heritage Partners will facilitate conversations between the tribe and other landowners, and develop a long-term plan for “both the tribe’s regular access and eventual stewardship and ownership,” explained Greg Werkheiser.

Branham emphasized that there will be no future economic development at Rassawek. 

“We want to possibly clean it up and show the beauty of that particular spot,” added the chief. “We want to make sure we never, never have to do this fight again.”

Categories
News

In deep: Allegations of mismanagement complicate Louisa’s demand for water

By Spencer Philps 

A host of issues have emerged in recent months that look to complicate the James River Water Authority’s plans to construct a water pump station at the confluence of the James and Rivanna rivers. The site, today referred to as Point of Fork, is also the location of Rassawek, the historic capital of the Monacan Indian Nation.

As development has boomed in Zion Crossroads, despite a dwindling supply of groundwater, Louisa and Fluvanna counties have sought an alternate long-term water source, and formed the authority to pump water to the area from the James. 

The Monacans, a tribe federally recognized in 2018, have fiercely opposed the construction project, saying it will irreparably harm the culturally significant site, as well as disturb the remains of Monacans likely to be buried there. More than 1,300 individuals and organizations have signed a letter sent to the U.S. Army Corps of Engineers and Governor Ralph Northam opposing the project.

Although the JRWA has able to secure two permits for the pump station, it still needs at least two more: one from the U.S. Army Corps of Engineers for impacts to streams and wetlands under federal jurisdiction, and one from the Virginia Department of Historic Resources for a second anticipatory burial permit in case the water authority encounters burial sites or human remains during excavation.

The JRWA has faced roadblocks for both permits. On September 6, the Virginia Department of Historic Resources issued a letter stating that it would be unable to issue a permit in part because it had deemed the archeological consultant on the project, Carol Tyrer and her firm, Circa Cultural Resource Management, lacked the necessary qualifications. 

On September 10, the U.S. Army Corps of Engineers issued a letter to the JRWA saying it had become aware of the issues with Carol Tyrer and her firm, and based upon the “concerns and uncertainty regarding the proposed project’s impact to historic properties,” was now requiring JRWA to undergo a more comprehensive individual permitting process for the project.

Things grew increasingly fraught in October, when a former employee of Circa Cultural Resource Management brought forward allegations of wrongdoing at the Rassawek site. The whistleblower, Eric Mai, alleged that Circa sent an unqualified and untrained crew to survey and excavate at the site, lied to DHR officials, produced misleading and plagiarized reports, and did not provide appropriate resources or equipment for workers, resulting in the maltreatment of artifacts. Mai alleges that Circa went so far as to alter his resume to give him qualifications he did not possess, unbeknownst to him at the time. 

“The whistleblower came forward with more information with what happened out there at the archeological study at Point of Fork, which was just devastating,” says attorney Marion Werkheiser, whose firm represents the Monacan Indian Nation. “It’s clear that they were using construction workers to excavate the most sensitive parts of the site, who had no training, no supervision. We’ll never know what was lost in that process.”  

John Smith documented the Monacan capital Rassawek at the confluence of the James and Rivanna rivers in 1612. PC: Library of Congress

Justin Curtis, the lawyer representing the JRWA, says there is still an ongoing investigation into the allegations raised by Mai. 

“Nothing has been stated publicly about that process because we are still evaluating the information and haven’t come to any conclusions at this time.” Curtis says. “Everything is being fully vetted and fully evaluated.”

As a result of the whistleblower report, the Monacan Nation is now arguing that the U.S. Army Corps of Engineers is legally barred from giving a permit to the JRWA per Section 110(k) of the National Historic Preservation Act, which states that federal agencies are forbidden to issue a permit to an applicant who has “intentionally significantly adversely affected a historic property to which the grant would relate.” 

“The way that we read that whistleblower complaint, it was clear that there had been destruction of the site as a result of Circa’s work there,” Werkheiser says. 

Curtis says he strongly disagrees with this conclusion. 

“That section…is intended to prevent unscrupulous parties from going out and intentionally destroying historical or cultural resources and then claiming ‘Oh, there’s no resources here’ after they’ve already gone out and destroyed them. That’s clearly not what’s happened here.” he says. 

The Monacan Nation has notified the Army Corps of Engineers about its concerns, but Werkheiser says it does not expect a response until the water authority completes its application.

Meanwhile, in November, the JRWA filed a lawsuit against the Virginia Department of Historic Resources, contesting the department’s conclusions about Tyrer’s qualifications and arguing that it was not involved in processes that ought to have been afforded it under state and departmental regulations. And Tyrer has filed her own lawsuit against the DHR in the Virginia Circuit Court for Williamsburg and James City County. She declined to comment for this story. 

Curtis says that he is optimistic that the issue can be resolved “through further discussions with DHR,” and believes that the JRWA will be able to submit its completed permit application to the U.S. Army Corps of Engineers by January. 

Categories
News

Unfortunate confluence: Ancient Monacan site intersects with Louisa’s growing thirst

In John Smith’s 1612 map of Virginia, at the point where the Rivanna River meets the James, he marked Rassawek, the capital of the Monacan Indians. Jump forward 400 years and the site is on another map, this one targeting it as a pump station to quench Zion Crossroads’ thirst.

Louisa and Fluvanna counties joined forces in 2009 to form the James River Water Authority to pump water from the James for a long-term water supply for growth-booming Zion Crossroads, which depends on wells for its water, says Aqua­Law attorney Justin Curtis, who represents the water authority.

“There is a real and immediate need for water in the area,” says Curtis. “This is not a problem that’s getting better. It will only get worse.”

The water authority applied to the Army Corps of Engineers for a water intake and pump station permit at Point of Fork, the modern-day designation for Rassawek. That triggered Section 106 of the National Historic Preservation Act, which requires the Corps to consider adverse effects to the Monacan site and “avoid, minimize, or mitigate,” says Marion Werkheiser with Cultural Heritage Partners, which represents the Monacans.

The James River Water Authority knew the land was a significant historic site, says Werkheiser. “They ignored it and bought it anyway” in July 2016. “They didn’t reach out to the tribe until May 2017.”

Rassawek today is called Point of Fork. Carrie Pruitt

The Monacan Indian Nation received federal recognition in January 2018. “Archaeological testing shows artifacts that go back 200 generations,” says Werk­heiser.

“Rassawek was the capital of the Monacan confederacy, and several other towns paid tribute to Rassawek,” says Monacan Chief Kenneth Branham. “It is where we conducted ceremonies, lived, and died, for thousands of years.” To build the pump station, a four-acre site will be excavated, says Werkheiser. “That is not acceptable to the Monacans,” who want the Army Corps of Engineers to deny the permit, and also want Virginia’s Department of Historic Resources to deny a permit for anticipatory burial, in the event human remains are found.

Curtis acknowledges that possibility is a “sensitive” issue. “We’re all hoping no human remains will be disturbed,” he says. “Historically people haven’t buried their dead at the confluence of two rivers. We’ve already done a number of archaeological digs and haven’t found any.”

If the project is approved, archaeologists will go into the site first “to learn as much as they can about the people who were there first,” says Curtis. Artifacts will be turned over to the Monacans, and the James River Water Authority has pledged $125,000 to the Monacan Ancestral Museum, he says.

The Monacan Nation has been asked to provide its protocol if remains are found, says Curtis. “They will be treated respectfully,” and the Monacans can re-inter them in Amherst, where many live in the 21st century.

“We have been through reburials before, and it is a traumatic experience for all involved,” says Branham. ”I can’t ask our tribal members to go through that again for a pump station that could be built elsewhere.”

He asks the Army Corps and Governor Ralph Northam “to respect our tribe and to work with the water authority to find a location for their project that does not disturb our ancestors.”

There’s always the possibility construction could disturb burial sites, whether African Americans or colonists, Curtis says.

In fact, the U.S. 29 Western Bypass was kiboshed in 2013 when a historic African American cemetery was discovered in its path.

Curtis says there are historically significant sites all along the James River. Point of Fork has been “occupied for thousands of years for the same reasons we need to be there now: It’s a source of water.” He adds, “No one disputes it’s a very important site.”

If the Rassawek site is not used, what would be a nearly mile-long pipeline would grow to 5 or 10 miles, says Curtis.

Not only does Louisa have a connection pipe waiting, it’s also built the Ferncliff water treatment plant, which has no water to treat at this point, says Curtis.

And that points to Louisa’s biggest problem: development without the water to support it.

Rae Ely has her own beef with Louisa County’s handling of water resources. “There is no groundwater at Zion Crossroads. They’ve tested and tested. That didn’t stop them and they did all that building.”

Ely lives in Louisa’s historic Green Springs district. In 2006, the county built a three-mile pipeline to Green Springs, and said, according to Ely, “We’ll pump out their groundwater.”

Green Springs residents have been tracking the depletion of their groundwater for 13 years, she says. “It’s dropping like a rock.”

She alleges that “the powers that be have been lying and claiming the James River water will be here any day now, while failing to say the Monacans opposed it.”

Ely, who has been an attorney for more than 30 years, says, “I know federal law favors the Monacans. They’re going to win. That’s a nonstarter.” And her neighbors are prepared to seek an injunction to stop Louisa from pumping out Green Springs’ groundwater, she says

“Louisa County got out over its skis and built all this commercial development,” says Ely.  And it has 2,000 homes and apartments ready to be approved, “all looking for water and it’s not there,” she says.

Ely compares the development going on in Louisa, based on water from the James that isn’t coming any time soon, to a gold rush. She offers a one-word piece of advice to the county: “Moratorium.”

Categories
Arts

Art in Odd Places explores matter and historical interpretation

This week, New York-based artist Ed Woodham brings his Art in Odd Places festival to Charlottesville in a two-day, intensely collaborative event with the theme of “matter.” Sponsored by the UVA Studio Arts Board, the mission of AiOP, Woodham writes in the program guide, “is to engage and activate the everyday places in our lives. In creative, unexpected and sometimes unusual ways we claim our shared rights to public spaces, while also making sure to question, subvert and occasionally shake up the socio-political status quo that regulates it.”

Woodham, who takes AiOP to various cities across the country, says, “It’s important for me being an outsider to be very mindful.” During numerous visits to Charlottesville, he has met with and listened to residents, UVA students, community leaders and artists. In past AiOP festivals Woodham has mostly brought in outside artists, but with AiOP MATTER, “the focus here is that there’s so much good work going on in Charlottesville that has been going on for years.” Consequently, the festival features 16 local artists, three regional artists and nine national and international artists. Woodham says the events of August 11 and 12 last year framed a narrow view of Charlottesville that he wanted to reframe by showcasing local artists “doing really innovative, change-making work.”

Local artists Leslie Scott-Jones and Brandon Lee have designed re-enactments for the festival in a work titled “Historical Matters,” which tells “the story of how the other half lived…our ancestors, the names of those Hoo are largely responsible for the building and upkeep of the university,” Scott-Jones and Lee write. Re-enactments on UVA Grounds will portray the lives of enslaved persons who built the university, as well as the first black students. On the second day of the festival, their work will celebrate Queen Charlotte, Charlottesville’s namesake, a descendant of Margarita de Castro e Souza, a black member of the Portuguese royal family. In a procession led by the Colonial Williamsburg Fife and Drum Corps, Queen Charlotte will travel in a carriage from the Rotunda to the Jefferson School African American Heritage Center, before meeting the city’s mayor on the Downtown Mall. The procession will include the Monacan Indian Nation and historical interpreters representing enslaved persons and soldiers from various American war efforts.

Local performance artist Jennifer Hoyt Tidwell will contribute a work titled “Please Move Along, Nothing to See Here.” Four performers atop a pedestal will recreate Charlottesville’s statues of Robert E. Lee and George Rogers Clark in an animatronic-style human tableaux with songs and dialogue.

“This short performance will take place every half-hour at both [festival] locations and promises to be entertaining and absurd, and ultimately raw and personal,” says Tidwell. “I am interested in the juxtaposition of women of color portraying colonizing war ‘heroes.’ I think this is going to be an effective device to allow the audience to have a more visceral understanding of what is hidden or invisible in our community—from the geologic features to the erasure of documentation related to enslaved people at UVA and Native Americans here, to the misrepresentation of history solidified in the statues.”

National artist Pedro Lasch, a professor at Duke University, applied both a conceptual and literal interpretation of the theme of matter. His April 1 performance at the Main Street Arena was the last public event held there before the building’s scheduled demolition. “Fire and Ice” recontextualized fire from tiki-torch invasion to positive force.

“Early on,” he says, “I knew I wanted to do something related to the tension and tragic incident of last fall but I did not want to be heavy-handed about it.” Before he came to Charlottesville, he considered a project involving fire and ice and knew he wanted to honor the life of Heather Heyer. When he arrived, he ambled down the pedestrian mall at night, and the arched windows of the Main Street Arena revealed figure skaters spinning on the ice and the idea sparked.

The final act for the installation included hundreds of votive candles placed in the center of the rink with an invitation to the public to skate around them. “It’s celebratory for both Heather Heyer and the building,” says Lasch.

Categories
News

After inhabiting Virginia land for 10,000 years, the Monacan Indian Nation finally receives federal recognition

Light rain falls softly and steady on patchy grass, whispering pat-pat-pat-pat as it dampens the rocky soil.

It’s late February, and despite the rain, the air is warm at the foot of Bear Mountain in Amherst County. Dean Branham isn’t wearing a jacket, and rain droplets bead and roll off his baseball cap onto his shoulders, darkening his plaid Oxford shirt.

Shirtsleeves rolled up and hands in the pockets of his khakis, Branham, 57, looks at a large, newish rectangular stone a few yards ahead. “Bear Mountain,” reads the inscription. “On this site are buried our Monacan ancestors: Johns, Branham, Hicks, Lawless, Beverly, Adcock, Redcross, Knuckles, Duff, Clark, Roberts, Nuckles, Willis, Hamilton, Terry. The first burial took place in the 1800’s [sic].”

“When I come up here, I think about all our older people who are buried here,” says Branham. His grandmother buried two of her children, twins, in this cemetery, though Branham’s not sure which of the unadorned lichen-covered stones on the sloped ground marks their grave.

He tugs on the bill of his cap as he looks around. Embroidered on the crown of the cap is the Monacan Indian Nation logo: two parallel arrows, one pointing up, the other pointing down, crossed in the center by a third arrow moving from left to right. It’s an apt representation of how the Monacan Indian Nation—its tens of thousands of ancestors and 2,300 living members scattered throughout Virginia, Maryland and the rest of the U.S.—is always on Branham’s mind. He’s served as chief of the tribe, currently Virginia’s largest, for the past three years; before that, he was assistant chief and sat on the tribal council for more than a decade.

Along with other tribe leaders and members of the tribal council, he organizes powwows and tribal gatherings, facilitates speaking engagements, fields drumming and dancing demonstration requests and talks to reporters. An electrician and technician for a heating and air company, Branham (like many other tribe leaders) devotes nearly all of his free time—not that there’s a lot of it after a 40-plus-hour work week—to the tribe. He even sweeps the floors in the Bear Mountain Indian Mission School located next to the Monacan Indian Nation Ancestral Museum, where he changes light bulbs, vacuums floors and leads visitors through the museum, pointing out pottery, baskets, beadwork and photographs in the glass cases. He also cuts the grass at the cemetery.

“It’s peaceful up here,” he says. “Most of these people in here are the ones who fought to prove their identity” as Monacan Indians, as Virginia Indians, he says. What’s more, in the early 1990s, five members of the tribe co-signed a loan to buy back the 112 acres of land that for generations had been the spiritual center of the Monacan Indian Nation.

Photo by Eze Amos

The Monacans’ struggle to preserve their history, heritage and identity has been a long, hard one. And while preservation is one thing, making it visible is something else entirely.

Though the Monacan people have occupied this very land for 10,000 years, the tribe was officially recognized by the United States government just six weeks ago.

“People who live within 50 miles of here don’t even know we exist,” says Branham. “Or, they knew it and didn’t want to acknowledge it.”

This land is their land

As is the case with many other American Indian tribes (and indigenous peoples around the world), the rich history of the Monacan people has been overlooked, largely written out of history books, says Karenne Wood, a poet and member of the Monacan Indian Nation who has a doctorate in linguistic anthropology and currently serves as director of Virginia Indian Programs at Virginia Humanities. Most people know only the English colonist version of American Indian history, starting with Jamestown in 1607 and ending in the 1700s.

Originally, the tribe’s territory covered more than half of the state of Virginia, including most of the Piedmont region and part of the Blue Ridge Mountains (Charlottesville and Albemarle County included). Monacan people have lived on the land at and around Bear Mountain for more than 10,000 years, making them one of the oldest groups of indigenous people still living on their ancestral homeland.

According to The Virginia Indian Heritage Trail, a Virginia Foundation for the Humanities guidebook that Wood edited for publication in 2007, scientists believe that more than 10,000 years ago, in the Ohio River Valley, Siouan language-speaking people were unified before tribes started moving east and west, separating into Eastern and Western Siouan speakers. Monacan ancestors settled along the James River and spoke a language related to those of the Eastern Siouan tribes and related to—but still unique from—the Tutelo, Occaneechi and Saponi peoples near and in North Carolina. They were also affiliated with the Mannahoac, who occupied Virginia’s northern Piedmont region and disappeared from record in the 1720s.

Those Virginia Siouans grew corn, beans and squash and domesticated other food crops, including fruit trees, wild grapes, nuts and sunflowers, and lived in communities of domed dwellings made from bark and reed mats. The Monacan people hunted deer, elk and small game, and mined copper, which they traded with the Powhatans to the east and the Iroquois to the north. They buried their dead in mounds, a tradition that sets them apart from neighboring Indian nations. They danced, drummed, made baskets and pottery, played a form of stickball and had a vast knowledge of plant medicine.

Spanish explorers arrived in Central America in the 1500s, and the diseases they brought—smallpox and influenza among them—spread quickly to North America, wiping out entire tribes and reducing the population so much that the tribes were greatly disadvantaged—vulnerable, even—when English colonists landed at Jamestown in 1607.

Unlike their Powhatan neighbors near the Virginia coast, the Monacan people limited their contact with the English, “fearful,” in the words of Amoroleck, a Mannahoac man who spoke with John Smith in 1608, that the colonists had come “from the under world” to take their land from them. Colonist explorers visited Monacan communities and documented what they saw, but none of them stuck around long enough to learn Monacan languages. As a result, some of Virginia’s more eastern tribes are better documented in the colonists’ history.

Virginia Indians “kind of fade from the Virginia history books around 1700, once we’re no longer a ‘threat,’” says Wood. “And then, American Indians are cast as obstacles to civilization throughout the country. As the colonists move west onto their land, the Indians are chased off by the cavalry because they’re ‘in the way.’” But the colonists didn’t just chase the Indians away—they murdered them, even sold them into slavery in the Caribbean, and that brutality isn’t discussed nearly enough, says Wood.

“We’re invisible, but there’s this whole story of what has happened to us since 1607,” she says. “Over and over again in colonial history, you see Indians moving from one place to another, trying to stay what they were, merging with other tribes so that they could continue to be Indian.”


Currently, 11 Virginia Indian tribes are officially recognized by the Commonwealth of Virginia. Seven of those tribes are recognized by the United States Government: the Pamunkey, Chickahominy, Eastern Chickahominy, Rappahannock, Upper Mattaponi and Nansemond, as well as Monacan Indian Nation. Four Virginia Indian tribes—the Mattaponi, Cheroenhaka (Nottoway), Nottoway and Patawomeck—are legally recognized by the state but not by the U.S. government.

A federally recognized tribe is no more or less legitimate than a tribe that is not federally recognized, says Eve Immonen, a fourth-year UVA student and member of the Native American Student Union. Immonen, who has Lakota Sioux and Chippewa/Ojibwe heritage, says, “it’s really important [to note] that these tribes all had inherent sovereignty” in Virginia, and federal recognition does not change a tribe’s identity or place in history. What’s more, not all tribes seek federal recognition.

Attending public events hosted by tribes is a great way to get to know a tribe, says Immonen. That way, you get to experience a tribe’s culture firsthand, which is the best way to learn. There are two coming up in the area this spring:

UVA’s Native American Student Union Powwow

April 7

UVA South Lawn

Monacan Indian Nation Powwow

May 19-20

Elon, Virginia


The Monacan people gradually moved west throughout the 17th and 18th centuries, away from advancing settlers. Some moved into Pennsylvania and Canada and were adopted by other tribes, while others stayed in Virginia, in present-day Amherst County, where, in the early 19th century, the modern Monacan Nation grew from the Oronoco settlement on Johns Creek.

And then, in the 20th century, a paper genocide that sought to systematically erase the identity of the Virginia Indian people caused so much damage its effects are still felt today.

The Monacan people generally agree that they (and other Virginia Indian tribes) have been most affected by the policies and ideologies of a man named Walter Ashby Plecker, registrar of Virginia’s Bureau of Vital Statistics from 1912 to 1946. Plecker, a white supremacist and eugenics advocate, believed that there were only two races: “white” and “colored,” and that one drop of “colored” blood—which in reality was most everyone—classified a person as “colored.”

In 1924, the Virginia General Assembly passed and Governor E. Lee Trickle signed into law, the Plecker-backed Racial Integrity Act, which required Virginians to fill out a certificate of racial composition to be submitted and approved by the Bureau of Vital Statistics—Plecker’s office—and anyone who wanted to marry in Virginia had to have that certificate. The act further banned interracial marriage in Virginia.

An exception was made for those who had less than 1/64th “Indian blood” and no “negro blood,” i.e., elite Virginians who claimed to descend from Pocahontas and John Rolfe.

According to the Encyclopedia Virginia entry “Indians in Virginia,” “the law was vigorously opposed by Indians…who understood its implications: Legally speaking, Virginia Indians had ceased to exist.”

Many Monacan people moved out of the state to avoid the Racial Integrity Act—they wanted to maintain their identity as American Indians, and they wanted to marry whomever they wished.

Plecker retired in 1946, but his policies persisted—the Racial Integrity Act remained law in Virginia until 1967, when the Supreme Court ruled in the Loving v. Virginia case that barring interracial marriage was unconstitutional.

In the 1980s, the state of Virginia began granting recognition to Virginia Indian tribes. Monacan Indian Nation received state recognition in February 1989, but it would take more than that to legally reclaim their identity: Their birth certificates had to be adjusted, “colored” replaced with “Indian.” Governor George Allen simplified that process in 1997—just 21 years ago.

What it means to be Monacan

Branch Branham, 79, laughs as he slides behind a wooden desk in the Bear Mountain Indian Mission School. “This is where I used to sit!” he exclaims with delight. “In the back of the room.” Branch is Dean Branham’s second cousin; Branch was particularly close to Dean’s father, “like brothers,” Branch says, adding that the younger Branham calls him every day to say hello and check in.

Now on the National Register of Historic Places, the log cabin-style school—which was originally built around 1868 for church services in the Monacan community—has been renovated and doesn’t look exactly like it did when Branch was a student, but its wooden floor, low ceiling, wide-plank walls and wood stove conjure up plenty of memories of English lessons (his favorite), the cups of hot cocoa that missionary ladies across the street brought to the kids every morning at 10:30, and the five-mile walk/run that he, his four brothers and two sisters would make from home to school and back again. They didn’t have a school bus until the 1950s, he says, and by then, he was working in the orchards, earning 5 cents an hour lugging jugs of water to the workers—his parents and grandparents among them. Branch also remembers the nice bus driver, who always had a cigar in his mouth and didn’t tolerate roughhousing.

Bear Mountain Mission School, now on the National Register of Historic Places. Photo by Eze Amos

Wood, who has conducted extensive research on Monacan history, says that during this time, the county provided schools for white children and for black children, but not Indian children, and so Monacan children in Amherst County attended the Bear Mountain Mission School up until seventh grade. If they wanted more schooling they had to go elsewhere—to a reservation school in Oklahoma—an expense most parents, who worked low-paying orchard jobs, couldn’t afford.

Monacan children started attending public schools in 1963, nearly a decade after Brown v. Board of Education ended legal segregation in U.S. public schools in 1954.

As Branch talks about his childhood in Amherst County, he doesn’t focus much on what his family didn’t have, though it’s clear they didn’t have much. He remembers picking up their ration of flour and visiting the man who ground cornmeal for them; every member of the family got one pair of shoes a year. Branch’s family raised their own chickens and hogs and hunted rabbits and squirrels, which were easy to chase into tree trunk holes and skewer with a sharpened stick. He helped out in the orchards and in the corn and tobacco fields during harvest time.

As an adult, Branch drove a tractor trailer for 45 years; his wife stayed home with their kids as he traveled around the country for weeks at a time. He has fond memories of the road, too, where people showed him immense kindness, sharing meals and conversation during what were often lonely trips. He worries that there’s too much hatred in the world today—“Hatred don’t get you anywhere,” he says over and over. “That’s behind us. We don’t need that anymore.”

Branch’s generation had it “real bad,” says Dean Branham—because of discrimination against Indian people, and because they didn’t have access to education beyond seventh grade, it was hard for the Monacan people to get “public jobs.” So they worked long, hard hours in the orchards, where there were three separate lunch tables—one for whites, one for blacks, one for Indians. While Branch says “we’ve been down a hard road,” that’s about as much as he’ll say in that direction. It’s important to hear those stories, hear what older generations experienced, but many of those folks prefer not to relive those memories of being treated poorly because of their Indian heritage, Branham says.

Branham and Pamela Thompson, Monacan Indian Nation assistant chief, are more willing to share. Branham and Thompson’s parents attended the Bear Mountain Indian Mission School, but they themselves missed it by a few years. Growing up the 1960s and ’70s, they weren’t invited to their classmates’ homes after school and often rode the school bus standing because other children didn’t want to sit next to them. Branham was called a “half breed” and “everything but a child of God.” Oftentimes, other kids would ask, “You’re not white, you’re not black. What are you?” showing just how pervasive Plecker’s two-races ideology really was. Branham says that his high school girlfriend’s parents forbade her to date Indians, so she had to sneak out for her dates with Branham.

Even still, in certain places in Amherst County, “when you tell [someone] your name and who you are, you can tell by the look on [their] face, you can sense it,” how they feel about you, Branham says.


Education and acknowledgment

There are many ways in which American Indian identity is diminished, even denied, in present-day society. Look no further than what Karenne Wood, an enrolled member of the Monacan Indian Nation, calls the “Pocahotness” Halloween costume; the feathered headdresses worn by non-Indian people to music festival Coachella and the ubiquitous elementary school Thanksgiving play that oversimplifies the interaction between colonists and American Indian people.

“We have been categorized as people of the past,” says Wood, pointing out that in school textbooks, American Indians are often written about in the past tense: They lived in this type of house; they ate squash and corn; they wore feathers.

It’s important that while telling the story of Virginia Indians past, the textbooks also tell the story of Virginia Indians present and future, and for Wood, director of Virginia Indian Programs at Virginia Humanities who sat on the Virginia Department of Education Standards of Learning committee in 2008, that means working with textbook writers to tell a fuller—not just colonist—history of Virginia Indians. It means including in these textbooks photos of Indian kids holding cell phones to show that “we have adapted to live in this century along with everybody else,” she says.

It means challenging the pervasive stereotype of Indians portrayed as savages, with bloody tomahawks in their hands, when the colonizers—who were just as, if not more, violent—are depicted as valiant and brave. Wood takes issue with the fact that there are so few representations of American Indian people in Charlottesville, and the ones that exist perpetuate the image of the triumphant colonist and either the passive or savage Indian.

There’s Sacagawea, crouching passively beneath Meriwether Lewis and William Clark on West Main Street—Sacagawea, a Lemhi Shoshone woman who helped guide Lewis and Clark’s expedition west, should be pointing the way, Wood says. Then there are the Indians who are moments away from being either trampled by George Rogers Clark’s horse or shot to death by Clark’s men, in the “Conqueror of the Northwest” statue on the UVA Corner.

Note that these two statues were given as a gift to the city in the early 1920s—around the time the Racial Integrity Act of 1924 became law in Virginia—by Paul Goodloe McIntire along with two other statues: the Robert E. Lee and Thomas “Stonewall” Jackson statues in Emancipation and Justice parks.

Wood is happy to see more and more people taking steps toward acknowledging the history of American Indians, particularly the Monacan Indian Nation, in and around Charlottesville. The city celebrated its first Indigenous Peoples Day in lieu of Columbus Day in October 2017, and the Kluge-Ruhe Aboriginal Art Museum begins all of its public programs—gallery tours, lectures, workshops—with an acknowledgment of the Monacan people as traditional custodians of the land. Similarly, Wood and other members of the tribe were asked to be present for UVA’s bicentennial celebration in fall 2017, where Wood opened the celebration with a traditional Monacan welcome.

“Making that awareness is so important,” says Wood. “We have thousands of years of relationship with this place, and have developed an intimate knowledge of, and love for, homeland. We know it, and we say, ‘it is us.’ The land doesn’t belong to us; it is absolutely reversed—we are part of the land, and we belong in this place.”


Thompson, who works as an office manager, says that as an adult, she’s had complete strangers at powwows walk up to her while she’s dressed in her regalia and tell her, “you ain’t no Indian,” before asking her to prove her heritage.

Branham has experienced the same. A woman came up to him at a powwow, looking for the chief. “I am the chief,” Branham told her. “You don’t look like the chief,” the woman replied. It’s a strange paradox, being expected by some to prove an identity that others have altogether denied you.

The tribe offers frequent cultural education classes to enrolled members of all ages, usually on the Bear Mountain land (which, it’s important to note, is not a reservation). One tribe member teaches basket weaving while another keeps a garden with native seeds; others teach beadwork or drumming. Thompson’s 23-year-old son, Quinton Talbott, loves sharing his passion for Monacan dance with younger generations, teaching them to love their heritage as much as he does. Although he’s danced at powwows and ceremonies, even Virginia Governor Ralph Northam’s inauguration in January 2018, nothing is more important to him than passing on the dance to younger members of the Monacan Indian Nation. “My heritage is everything to me,” says Talbott.

Branham and Thompson agree that attitudes toward Indians have changed over time, and that their children have it very different—they’re invited to speak about their heritage at their schools; they have public jobs; they go on to college, move out of the Amherst County and share Monacan history, traditions and culture with others.

“We’re not asking for sympathy; we’re not asking people to feel sorry for us,” Branham adds. He just wants people to know: “That’s what we went through. And we survived.”

The long road to federal recognition

On January 11, Branham drove to Richmond and met up with the chiefs of five other Virginia Indian tribes—the Chickahominy, Eastern Chickahominy, Rappahannock, Upper Mattaponi and Nansemond—for the drive to Washington, D.C., to sit in the Senate gallery to hear the vote on H.R. 984, or, the Thomasina E. Jordan Tribes of Virginia Federal Recognition Act of 2017, which passed the House of Representatives in May 2017.

They’d done this before, many times: Representatives of these six tribes formed the advocacy group Virginia Indian Tribal Alliance for Life (VITAL) in 1999 to advocate for federal acknowledgment through Congress rather than the Indian Affairs of the Department of the Interior’s Office of Federal Acknowledgment via the U.S. Bureau of Indian Affairs.

Usually, tribes go through the process via the BIA; this is how Virginia’s Pamunkey Tribe gained its federal recognition in July 2015. But the BIA recognition process, which requires extensive documentation, was not an option for these six tribes. The Monacan Indian Nation has a set of genealogical documents it uses to determine membership, but that wasn’t enough for the BIA. Wood worked for years compiling proper documentation for the Monacan tribe, and she says it was difficult for many reasons: because of how the Racial Integrity Act legally changed their Indian identity, because their people were not well-documented by colonists and because many of the courthouses and churches that held official records burned to the ground in the Civil War.

Karenne Wood, an enrolled member of the Monacan Indian Nation and director of Virginia Indian Programs at Virginia Humanities, has spent the last 20 years researching, preserving and sharing Virginia Indian history. “For our people, what [federal recognition] truly means is more of a place of legitimacy, that we can actually say ‘Yes, we are Indians,’ we are not mongrels, which is what we’ve always been called, all these horrible labels that have been applied to us because people didn’t know who we were.” Photo by Jessica Elmendorf

Requesting recognition from Congress was, really, the only option. And so, at the urging of Thomasina E. Jordan, the American Indian activist and first American Indian member of the U.S. Electoral College for whom the bill is named, former Virginia representative Jim Moran introduced the bill in 2000.

More than twice, the bill passed the House and stalled in the Senate, when opponents of the bill rejected the idea that Congress should recognize the tribes when the BIA had already established an official federal recognition process.

But on January 11, Virginia Senators Mark R. Warner and Tim Kaine forced a surprise vote on the bill by unanimous consent, with no guarantee it would pass. No senator objected.

All Branham remembers is that someone said “your bill has passed,” and they were ushered away from the Senate floor and into a hallway full of reporters with notepads and cameras. They posed for photos with Warner, Kaine and Representative Rob Wittman, who introduced the bill in the House in 2017. “I love ‘em to death,” Branham says of the three politicians. “They really worked hard, along with others who are no longer up there.”

Currently, there are more than 570 federally recognized tribes in the United States. Federally recognized tribes have a direct relationship with the United States government; they can apply for and access federal grants for housing, health care, senior care, education and economic development, among other things. Thompson hopes that the Monacan Indian Nation can get funds to upgrade (or perhaps relocate) the tribe’s office—where the computers run on Windows 98 and where, because of its location in the mountain, there is no internet connection—and upgrade the museum.

Federal recognition also means the tribes can repatriate the remains of their ancestors that have been stored and even displayed in the Smithsonian museum system. They “have our grandmothers in boxes,” says Wood. “Now we can bring them home, put them where they’re supposed to be, with us.”

On their way back down I-95 after the vote, the six chiefs made phone call after phone call to their tribal councils and tribe members.

When Branham called Thompson, she didn’t believe him at first. “You’re lying! You’re lying!” she said—Branham’s known to joke around. But he wasn’t lying, and he passed his phone to the other chiefs, who confirmed the news.

“It was six chiefs in a vehicle, and it was like a big smiley face going down the road,” Branham says. But it wasn’t over yet. President Trump had to sign the bill into law.

And he did, on January 29. Wood says she was “completely stunned.”

Branham was eating lunch when he got the call, and things have moved quickly since. It’s been so hectic, Branham says, that the news still hasn’t sunk in.

The tribe has already submitted its constitution and bylaws to the BIA, who will ultimately dole out any of the resources that the tribe gains through federal recognition. But federal recognition is not a cure-all balm for the wounds caused to the Monacan people and other Virginia Indians. The BIA, and especially its Indian Health Services, are notoriously under-funded. And there’s no telling what resources a tribe will actually receive (i.e., those for housing, health care, education, etc.). That’ll likely come a few years down the road.

As soon as Thompson heard the news, she thought of her late father, who served as assistant chief of the tribe years ago. “He didn’t get to see that,” she says, swallowing hard as her wedding ring twinkles in the museum’s fluorescent lights as she lifts her hand to catch the tears spilling from the corners of her blue eyes. “But I know he knows.”

Branch heard the news from his daughter, who had talked to Branham while Branch was out. Branch says he dropped his lunchbox and started crying. Crying for his brothers, who never lived to collect a Social Security check; for his parents who worked for pennies in the orchards; for all of the people buried in the Bear Mountain cemetery who were denied their Indian identity; for his ancestors who were chased off their land.

“My daddy used to tell us boys, ‘Just hang in there, don’t give up. Don’t let anybody run you off your land or [take] what you got. One of these days, it’s going to pay off,’” says Branch from the school desk, his voice catching as tears well up in his eyes in the shadow of his navy blue baseball cap, with “Native Pride” embroidered along the edge of the bill. He never thought he’d live to see federal recognition.

“That day I went up to D.C. and it [passed the Senate], I went up as a Monacan Indian, knowing who I was,” says Branham. “And federal recognition, whether I got it or not, I was still going to be a Monacan Indian.”

Categories
News

No invitation: Why Native American groups weren’t protesting Unite the Right

By John Last

On August 12, the streets around Emancipation Park were a riot of color: socialist red, antifa black, the white robes of clergy, bright rainbow flags.

But in this broad coalition of anti-racist activists, at least one group was missing: Virginia’s Native American tribes.

In organizing their response to the display of white supremacy at Unite the Right, none of the anti-racist solidarity organizations extended invitations to local Native American advocacy groups or tribes, according to multiple organizers and tribal sources.

For some, that’s the way they wanted it.

“We wouldn’t have been involved with it anyway,” says Chief Dean Branham of the Monacan Indian Nation, the indigenous people of Charlottesville’s region. “I don’t have any problem with those statues…I just don’t think it’s an Indian issue.”

For Branham, the demonstration was about “black and white issue[s].” But even within his own tribe, there are those who believe Native Americans should engage with the growing anti-racist movement.

“I think there are a lot more examples of hate and oppression to be considered,” says Karenne Wood, a member of the Monacan Indian Nation and director of the Virginia Foundation for the Humanities’ Indian Heritage Program. “It’s not just about two groups of people.”

Virginia’s racial laws once saw no distinction between Native Americans and African-Americans. From 1924 to 1967, the Racial Integrity Act categorized all non-whites as “colored,” a legacy that still prevents many Virginia tribes from obtaining federal recognition.

Today, white nationalists like Unite the Right organizer Jason Kessler declare white Europeans to be the “indigenous” people of America, while Native Americans face many of the same structural inequalities as African-Americans.

Native Americans have the highest rates of poverty of any ethnic group in the commonwealth and are most likely to be the victim of a violent crime. In 2014, the Center for Disease Control found Native Americans are just as likely as African-Americans to be killed by police.

Even when it comes to statues, Native Americans have a shared cause with demonstrators.

The city’s central statue of explorers Lewis and Clark has been criticized for depicting Sacagawea, their guide, in a crouching, submissive pose. Another, at the Corner, depicts George Rogers Clark and soldiers with rifles threatening retreating Native Americans. Its inscription reads “Conqueror of the Northwest.”

“I do a little grimace every time I walk by that statue,” says Ben Walters, vice president of UVA’s Native American Student Union. “It’s even more of a reminder…than a statue of Lee of how this country embraces its prejudiced past.”

Both monuments are contemporaries of the statue of Lee at the center of the August protest, erected at the height of racial segregation.

According to Wood, Walters and other activists, Native Americans are badly underrepresented in local anti-racist groups. Wood believes it’s one reason they were not considered when organizers sought allies for the demonstration.

“We’re still that invisible in the American narrative,” says Wood. “That’s what it really boils down to.”

“There’s a lack of awareness of Native American issues in the activist community,” says Evan Knappenburger, the media liaison for the Charlottesville Center for Peace and Justice, which helped support events August 12 in McGuffey Park. “It’s a very systemic-level issue.”

Showing Up for Racial Justice and Solidarity Cville, two of the main organizing groups, did not respond to repeated requests for comment. Other organizers say Native American groups were not contacted because many of the organizations involved were formed only months ago.

Community activist Walt Heinecke, who secured the permits for events in McGuffey and Justice parks on the day of the rally, says the participants came down to “who contacted me once it was public knowledge that I had the permits and who didn’t.”

Heinecke did invite native activist Guy Lopez, a member of the Dakota Nation and a graduate of UVA. Though announced as a speaker, he did not speak at the event.

“I wish other Native American organizations would have reached out,” says Heinecke.

With scant resources of their own, Walters and Wood say partnering with other organizations is essential to having their issues heard.

For the student group, the events of the summer are seen as a reason to break the ice with other activists and bring Native American issues into the discussion.

“Natives have been overlooked for a really long time, so it’s time to change that attitude,” says Native American Student Union president Halle Buckles. “It’s not about who’s had it worse, it’s not about which statue has caused more hurt…it’s about [making] other people feel safe here.”

But Wood is more cautious. She says the legacy of mistreatment means many Native Americans may still not be ready to participate in activism.

“Monacan people still feel racially distinct and they don’t want to attract more problems,” she says. “Their parents lived through horrific oppression. …They’re not ready to stand up unless they have to.”

 Correction September 21: Ben Walters was misidentified in the original version.