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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1178 Reported in Senate (RS)]

                                                       Calendar No. 251
111th CONGRESS
  1st Session
                                S. 1178

                          [Report No. 111-113]

  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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 3, 2009

 Mr. Webb (for himself and Mr. Warner) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

                           December 23, 2009

                Reported by Mr. Dorgan, with amendments
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Indian Tribes of 
Virginia Federal Recognition Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                   TITLE I--CHICKAHOMINY INDIAN TRIBE

Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Federal recognition.
Sec. 104. Membership; governing documents.
Sec. 105. Governing body.
Sec. 106. Reservation of the Tribe.
Sec. 107. Hunting, fishing, trapping, gathering, and water rights.
Sec. 108. Jurisdiction of State of Virginia.
         TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION

Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Federal recognition.
Sec. 204. Membership; governing documents.
Sec. 205. Governing body.
Sec. 206. Reservation of the Tribe.
Sec. 207. Hunting, fishing, trapping, gathering, and water rights.
Sec. 208. Jurisdiction of State of Virginia.
                    TITLE III--UPPER MATTAPONI TRIBE

Sec. 301. Findings.
Sec. 302. Definitions.
Sec. 303. Federal recognition.
Sec. 304. Membership; governing documents.
Sec. 305. Governing body.
Sec. 306. Reservation of the Tribe.
Sec. 307. Hunting, fishing, trapping, gathering, and water rights.
Sec. 308. Jurisdiction of State of Virginia.
                   TITLE IV--RAPPAHANNOCK TRIBE, INC.

Sec. 401. Findings.
Sec. 402. Definitions.
Sec. 403. Federal recognition.
Sec. 404. Membership; governing documents.
Sec. 405. Governing body.
Sec. 406. Reservation of the Tribe.
Sec. 407. Hunting, fishing, trapping, gathering, and water rights.
Sec. 408. Jurisdiction of State of Virginia.
                     TITLE V--MONACAN INDIAN NATION

Sec. 501. Findings.
Sec. 502. Definitions.
Sec. 503. Federal recognition.
Sec. 504. Membership; governing documents.
Sec. 505. Governing body.
Sec. 506. Reservation of the Tribe.
Sec. 507. Hunting, fishing, trapping, gathering, and water rights.
Sec. 508. Jurisdiction of State of Virginia.
                    TITLE VI--NANSEMOND INDIAN TRIBE

Sec. 601. Findings.
Sec. 602. Definitions.
Sec. 603. Federal recognition.
Sec. 604. Membership; governing documents.
Sec. 605. Governing body.
Sec. 606. Reservation of the Tribe.
Sec. 607. Hunting, fishing, trapping, gathering, and water rights.
Sec. 608. Jurisdiction of State of Virginia.

                   TITLE I--CHICKAHOMINY INDIAN TRIBE

SEC. 101. FINDINGS.

    Congress finds that--
            (1) in 1607, when the English settlers set shore along the 
        Virginia coastline, the Chickahominy Indian Tribe was 1 of 
        about 30 tribes that received them;
            (2) in 1614, the Chickahominy Indian Tribe entered into a 
        treaty with Sir Thomas Dale, Governor of the Jamestown Colony, 
        under which--
                    (A) the Chickahominy Indian Tribe agreed to provide 
                2 bushels of corn per man and send warriors to protect 
                the English; and
                    (B) Sir Thomas Dale agreed in return to allow the 
                Tribe to continue to practice its own tribal 
                governance;
            (3) in 1646, a treaty was signed which forced the 
        Chickahominy from their homeland to the area around the York 
        Mattaponi River in present-day King William County, leading to 
        the formation of a reservation;
            (4) in 1677, following Bacon's Rebellion, the Queen of 
        Pamunkey signed the Treaty of Middle Plantation on behalf of 
        the Chickahominy;
            (5) in 1702, the Chickahominy were forced from their 
        reservation, which caused the loss of a land base;
            (6) in 1711, the College of William and Mary in 
        Williamsburg established a grammar school for Indians called 
        Brafferton College;
            (7) a Chickahominy child was 1 of the first Indians to 
        attend Brafferton College;
            (8) in 1750, the Chickahominy Indian Tribe began to migrate 
        from King William County back to the area around the 
        Chickahominy River in New Kent and Charles City Counties;
            (9) in 1793, a Baptist missionary named Bradby took refuge 
        with the Chickahominy and took a Chickahominy woman as his 
        wife;
            (10) in 1831, the names of the ancestors of the modern-day 
        Chickahominy Indian Tribe began to appear in the Charles City 
        County census records;
            (11) in 1901, the Chickahominy Indian Tribe formed Samaria 
        Baptist Church;
            (12) from 1901 to 1935, Chickahominy men were assessed a 
        tribal tax so that their children could receive an education;
            (13) the Tribe used the proceeds from the tax to build the 
        first Samaria Indian School, buy supplies, and pay a teacher's 
        salary;
            (14) in 1919, C. Lee Moore, Auditor of Public Accounts for 
        Virginia, told Chickahominy Chief O.O. Adkins that he had 
        instructed the Commissioner of Revenue for Charles City County 
        to record Chickahominy tribal members on the county tax rolls 
        as Indian, and not as white or colored;
            (15) during the period of 1920 through 1930, various 
        Governors of the Commonwealth of Virginia wrote letters of 
        introduction for Chickahominy Chiefs who had official business 
        with Federal agencies in Washington, DC;
            (16) in 1934, Chickahominy Chief O.O. Adkins wrote to John 
        Collier, Commissioner of Indian Affairs, requesting money to 
        acquire land for the Chickahominy Indian Tribe's use, to build 
        school, medical, and library facilities and to buy tractors, 
        implements, and seed;
            (17) in 1934, John Collier, Commissioner of Indian Affairs, 
        wrote to Chickahominy Chief O.O. Adkins, informing him that 
        Congress had passed the Act of June 18, 1934 (commonly known as 
        the ``Indian Reorganization Act'') (25 U.S.C. 461 et seq.), but 
        had not made the appropriation to fund the Act;
            (18) in 1942, Chickahominy Chief O.O. Adkins wrote to John 
        Collier, Commissioner of Indian Affairs, asking for help in 
        getting the proper racial designation on Selective Service 
        records for Chickahominy soldiers;
            (19) in 1943, John Collier, Commissioner of Indian Affairs, 
        asked Douglas S. Freeman, editor of the Richmond News-Leader 
        newspaper of Richmond, Virginia, to help Virginia Indians 
        obtain proper racial designation on birth records;
            (20) Collier stated that his office could not officially 
        intervene because it had no responsibility for the Virginia 
        Indians, ``as a matter largely of historical accident'', but 
        was ``interested in them as descendants of the original 
        inhabitants of the region'';
            (21) in 1948, the Veterans' Education Committee of the 
        Virginia State Board of Education approved Samaria Indian 
        School to provide training to veterans;
            (22) that school was established and run by the 
        Chickahominy Indian Tribe;
            (23) in 1950, the Chickahominy Indian Tribe purchased and 
        donated to the Charles City County School Board land to be used 
        to build a modern school for students of the Chickahominy and 
        other Virginia Indian tribes;
            (24) the Samaria Indian School included students in grades 
        1 through 8;
            (25) In 1961, Senator Sam Ervin, Chairman of the 
        Subcommittee on Constitutional Rights of the Committee on the 
        Judiciary of the Senate, requested Chickahominy Chief O.O. 
        Adkins to provide assistance in analyzing the status of the 
        constitutional rights of Indians ``in your area'';
            (26) in 1967, the Charles City County school board closed 
        Samaria Indian School and converted the school to a countywide 
        primary school as a step toward full school integration of 
        Indian and non-Indian students;
            (27) in 1972, the Charles City County school board began 
        receiving funds under the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 458aa et seq.) on behalf of 
        Chickahominy students, which funding is provided as of the date 
        of enactment of this Act under title V of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 458aaa et 
        seq.);
            (28) in 1974, the Chickahominy Indian Tribe bought land and 
        built a tribal center using monthly pledges from tribal members 
        to finance the transactions;
            (29) in 1983, the Chickahominy Indian Tribe was granted 
        recognition as an Indian tribe by the Commonwealth of Virginia, 
        along with 5 other Indian tribes; and
            (30) in 1985, Governor Gerald Baliles was the special guest 
        at an intertribal Thanksgiving Day dinner hosted by the 
        Chickahominy Indian Tribe.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Tribal member.--The term ``tribal member'' means--
                    (A) an individual who is an enrolled member of the 
                Tribe as of the date of enactment of this Act; and
                    (B) an individual who has been placed on the 
                membership rolls of the Tribe in accordance with this 
                title.
            (3) Tribe.--The term ``Tribe'' means the Chickahominy 
        Indian Tribe.

SEC. 103. FEDERAL RECOGNITION.

    (a) Federal Recognition.--
            (1) In general.--Federal recognition is extended to the 
        Tribe.
            (2) Applicability of laws.--All laws (including 
        regulations) of the United States of general applicability to 
        Indians or nations, Indian tribes, or bands of Indians 
        (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)), 
        that are not inconsistent with this title shall be applicable 
        to the Tribe and tribal members.
    (b) Federal Services and Benefits.--
            (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible for all 
        services and benefits provided by the Federal Government to 
        federally recognized Indian tribes without regard to--
                    (A) the existence of a reservation for the Tribe; 
                or
                    (B) the location of the residence of any tribal 
                member on or near any Indian reservation.
            (2) Service area.--For the purpose of the delivery of 
        Federal services to tribal members, the service area of the 
        Tribe shall be considered to be the area comprised of New Kent 
        County, James City County, Charles City County, and Henrico 
        County, Virginia.

SEC. 104. MEMBERSHIP; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 105. GOVERNING BODY.

    The governing body of the Tribe shall be--
            (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
            (2) any subsequent governing body elected in accordance 
        with the election procedures specified in the governing 
        documents of the Tribe.

SEC. 106. RESERVATION OF THE TRIBE.

    (a) In General.--On request of the Tribe, the Secretary--
            (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007; and
            (2) may take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe, if the land is located within 
        the boundaries of New Kent County, James City County, Charles 
        City County, or Henrico County, Virginia.
    (b) Deadline for Determination.--The Secretary shall--
            (1) not later than 3 years after the date of a request of 
        the Tribe under subsection (a), make a final written 
        determination regarding the request; and
            (2) immediately make that determination available to the 
        Tribe.
    (c) Reservation Status.--On request of the Tribe, any land taken 
into trust for the benefit of the Tribe pursuant to this section shall 
be considered to be a part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities--
            (1) as a matter of claimed inherent authority; or
            (2) pursuant to any Federal law, including the Indian 
        Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
        regulations promulgated pursuant to that Act by the Secretary 
        or the National Indian Gaming Commission).

SEC. 107. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

    Nothing in this title expands, reduces, or affects in any manner 
any hunting, fishing, trapping, gathering, or water rights of the Tribe 
and members of the Tribe.

SEC. 108. JURISDICTION OF STATE OF VIRGINIA.

    (a) In General.--The State of Virginia shall exercise jurisdiction 
over any criminal offense committed, and any civil actions arising, on 
land located within the State that is owned by, or held in trust by the 
United States for, the Tribe.
    (b) Acceptance of State Jurisdiction by Secretary.--The Secretary 
may accept on behalf of the United States, after consultation with the 
Attorney General of the United States, all or any portion of the 
jurisdiction of the State of Virginia described in subsection (a) on 
verification by the Secretary of a certification by the Tribe that the 
Tribe possesses the capacity to reassume that jurisdiction.
    (c) Effect of Section.--Nothing in this section affects the 
application of section 109 of the Indian Child Welfare Act of 1978 (25 
U.S.C. 1919).

         TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION

SEC. 201. FINDINGS.

    Congress finds that--
            (1) in 1607, when the English settlers set shore along the 
        Virginia coastline, the Chickahominy Indian Tribe was 1 of 
        about 30 tribes that received them;
            (2) in 1614, the Chickahominy Indian Tribe entered into a 
        treaty with Sir Thomas Dale, Governor of the Jamestown Colony, 
        under which--
                    (A) the Chickahominy Indian Tribe agreed to provide 
                2 bushels of corn per man and send warriors to protect 
                the English; and
                    (B) Sir Thomas Dale agreed in return to allow the 
                Tribe to continue to practice its own tribal 
                governance;
            (3) in 1646, a treaty was signed which forced the 
        Chickahominy from their homeland to the area around the York 
        River in present-day King William County, leading to the 
        formation of a reservation;
            (4) in 1677, following Bacon's Rebellion, the Queen of 
        Pamunkey signed the Treaty of Middle Plantation on behalf of 
        the Chickahominy;
            (5) in 1702, the Chickahominy were forced from their 
        reservation, which caused the loss of a land base;
            (6) in 1711, the College of William and Mary in 
        Williamsburg established a grammar school for Indians called 
        Brafferton College;
            (7) a Chickahominy child was 1 of the first Indians to 
        attend Brafferton College;
            (8) in 1750, the Chickahominy Indian Tribe began to migrate 
        from King William County back to the area around the 
        Chickahominy River in New Kent and Charles City Counties;
            (9) in 1793, a Baptist missionary named Bradby took refuge 
        with the Chickahominy and took a Chickahominy woman as his 
        wife;
            (10) in 1831, the names of the ancestors of the modern-day 
        Chickahominy Indian Tribe began to appear in the Charles City 
        County census records;
            (11) in 1870, a census revealed an enclave of Indians in 
        New Kent County that is believed to be the beginning of the 
        Chickahominy Indian Tribe--Eastern Division;
            (12) other records were destroyed when the New Kent County 
        courthouse was burned, leaving a State census as the only 
        record covering that period;
            (13) in 1901, the Chickahominy Indian Tribe formed Samaria 
        Baptist Church;
            (14) from 1901 to 1935, Chickahominy men were assessed a 
        tribal tax so that their children could receive an education;
            (15) the Tribe used the proceeds from the tax to build the 
        first Samaria Indian School, buy supplies, and pay a teacher's 
        salary;
            (16) in 1910, a 1-room school covering grades 1 through 8 
        was established in New Kent County for the Chickahominy Indian 
        Tribe--Eastern Division;
            (17) during the period of 1920 through 1921, the 
        Chickahominy Indian Tribe--Eastern Division began forming a 
        tribal government;
            (18) E.P. Bradby, the founder of the Tribe, was elected to 
        be Chief;
            (19) in 1922, Tsena Commocko Baptist Church was organized;
            (20) in 1925, a certificate of incorporation was issued to 
        the Chickahominy Indian Tribe--Eastern Division;
            (21) in 1950, the 1-room Indian school in New Kent County 
        was closed and students were bused to Samaria Indian School in 
        Charles City County;
            (22) in 1967, the Chickahominy Indian Tribe and the 
        Chickahominy Indian Tribe--Eastern Division lost their schools 
        as a result of the required integration of students;
            (23) during the period of 1982 through 1984, Tsena Commocko 
        Baptist Church built a new sanctuary to accommodate church 
        growth;
            (24) in 1983 the Chickahominy Indian Tribe--Eastern 
        Division was granted State recognition along with 5 other 
        Virginia Indian tribes;
            (25) in 1985--
                    (A) the Virginia Council on Indians was organized 
                as a State agency; and
                    (B) the Chickahominy Indian Tribe--Eastern Division 
                was granted a seat on the Council;
            (26) in 1988, a nonprofit organization known as the 
        ``United Indians of Virginia'' was formed; and
            (27) Chief Marvin ``Strongoak'' Bradby of the Eastern Band 
        of the Chickahominy presently chairs the organization.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Tribal member.--The term ``tribal member'' means--
                    (A) an individual who is an enrolled member of the 
                Tribe as of the date of enactment of this Act; and
                    (B) an individual who has been placed on the 
                membership rolls of the Tribe in accordance with this 
                title.
            (3) Tribe.--The term ``Tribe'' means the Chickahominy 
        Indian Tribe--Eastern Division.

SEC. 203. FEDERAL RECOGNITION.

    (a) Federal Recognition.--
            (1) In general.--Federal recognition is extended to the 
        Tribe.
            (2) Applicability of laws.--All laws (including 
        regulations) of the United States of general applicability to 
        Indians or nations, Indian tribes, or bands of Indians 
        (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)), 
        that are not inconsistent with this title shall be applicable 
        to the Tribe and tribal members.
    (b) Federal Services and Benefits.--
            (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible for all 
        future services and benefits provided by the Federal Government 
        to federally recognized Indian tribes without regard to--
                    (A) the existence of a reservation for the Tribe; 
                or
                    (B) the location of the residence of any tribal 
                member on or near any Indian reservation.
            (2) Service area.--For the purpose of the delivery of 
        Federal services to tribal members, the service area of the 
        Tribe shall be considered to be the area comprised of New Kent 
        County, James City County, Charles City County, and Henrico 
        County, Virginia.

SEC. 204. MEMBERSHIP; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 205. GOVERNING BODY.

    The governing body of the Tribe shall be--
            (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
            (2) any subsequent governing body elected in accordance 
        with the election procedures specified in the governing 
        documents of the Tribe.

SEC. 206. RESERVATION OF THE TRIBE.

    (a) In General.--On request of the Tribe, the Secretary--
            (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007; and
            (2) may take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe, if the land is located within 
        the boundaries of New Kent County, James City County, Charles 
        City County, or Henrico County, Virginia.
    (b) Deadline for Determination.--The Secretary shall--
            (1) not later than 3 years after the date of a request of 
        the Tribe under subsection (a), make a final written 
        determination regarding the request; and
            (2) immediately make that determination available to the 
        Tribe.
    (c) Reservation Status.--On request of the Tribe, any land taken 
into trust for the benefit of the Tribe pursuant to this section shall 
be considered to be a part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities--
            (1) as a matter of claimed inherent authority; or
            (2) pursuant to any Federal law, including the Indian 
        Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
        regulations promulgated pursuant to that Act by the Secretary 
        or the National Indian Gaming Commission).

SEC. 207. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

    Nothing in this title expands, reduces, or affects in any manner 
any hunting, fishing, trapping, gathering, or water rights of the Tribe 
and members of the Tribe.

SEC. 208. JURISDICTION OF STATE OF VIRGINIA.

    (a) In General.--The State of Virginia shall exercise jurisdiction 
over any criminal offense committed, and any civil actions arising, on 
land located within the State that is owned by, or held in trust by the 
United States for, the Tribe.
    (b) Acceptance of State Jurisdiction by Secretary.--The Secretary 
may accept on behalf of the United States, after consultation with the 
Attorney General of the United States, all or any portion of the 
jurisdiction of the State of Virginia described in subsection (a) on 
verification by the Secretary of a certification by the Tribe that the 
Tribe possesses the capacity to reassume that jurisdiction.
    (c) Effect of Section.--Nothing in this section affects the 
application of section 109 of the Indian Child Welfare Act of 1978 (25 
U.S.C. 1919).

                    TITLE III--UPPER MATTAPONI TRIBE

SEC. 301. FINDINGS.

    Congress finds that--
            (1) during the period of 1607 through 1646, the 
        Chickahominy Indian Tribes--
                    (A) lived approximately 20 miles from Jamestown; 
                and
                    (B) were significantly involved in English-Indian 
                affairs;
            (2) Mattaponi Indians, who later joined the Chickahominy 
        Indians, lived a greater distance from Jamestown;
            (3) in 1646, the Chickahominy Indians moved to Mattaponi 
        River basin, away from the English;
            (4) in 1661, the Chickahominy Indians sold land at a place 
        known as ``the cliffs'' on the Mattaponi River;
            (5) in 1669, the Chickahominy Indians--
                    (A) appeared in the Virginia Colony's census of 
                Indian bowmen; and
                    (B) lived in ``New Kent'' County, which included 
                the Mattaponi River basin at that time;
            (6) in 1677, the Chickahominy and Mattaponi Indians were 
        subjects of the Queen of Pamunkey, who was a signatory to the 
        Treaty of 1677 with the King of England;
            (7) in 1683, after a Mattaponi town was attacked by Seneca 
        Indians, the Mattaponi Indians took refuge with the 
        Chickahominy Indians, and the history of the 2 groups was 
        intertwined for many years thereafter;
            (8) in 1695, the Chickahominy and Mattaponi Indians--
                    (A) were assigned a reservation by the Virginia 
                Colony; and
                    (B) traded land of the reservation for land at the 
                place known as ``the cliffs'' (which, as of the date of 
                enactment of this Act, is the Mattaponi Indian 
                Reservation), which had been owned by the Mattaponi 
                Indians before 1661;
            (9) in 1711, a Chickahominy boy attended the Indian School 
        at the College of William and Mary;
            (10) in 1726, the Virginia Colony discontinued funding of 
        interpreters for the Chickahominy and Mattaponi Indian Tribes;
            (11) James Adams, who served as an interpreter to the 
        Indian tribes known as of the date of enactment of this Act as 
        the ``Upper Mattaponi Indian Tribe'' and ``Chickahominy Indian 
        Tribe'', elected to stay with the Upper Mattaponi Indians;
            (12) today, a majority of the Upper Mattaponi Indians have 
        ``Adams'' as their surname;
            (13) in 1787, Thomas Jefferson, in Notes on the 
        Commonwealth of Virginia, mentioned the Mattaponi Indians on a 
        reservation in King William County and said that Chickahominy 
        Indians were ``blended'' with the Mattaponi Indians and nearby 
        Pamunkey Indians;
            (14) in 1850, the census of the United States revealed a 
        nucleus of approximately 10 families, all ancestral to modern 
        Upper Mattaponi Indians, living in central King William County, 
        Virginia, approximately 10 miles from the reservation;
            (15) during the period of 1853 through 1884, King William 
        County marriage records listed Upper Mattaponis as ``Indians'' 
        in marrying people residing on the reservation;
            (16) during the period of 1884 through the present, county 
        marriage records usually refer to Upper Mattaponis as 
        ``Indians'';
            (17) in 1901, Smithsonian anthropologist James Mooney heard 
        about the Upper Mattaponi Indians but did not visit them;
            (18) in 1928, University of Pennsylvania anthropologist 
        Frank Speck published a book on modern Virginia Indians with a 
        section on the Upper Mattaponis;
            (19) from 1929 until 1930, the leadership of the Upper 
        Mattaponi Indians opposed the use of a ``colored'' designation 
        in the 1930 United States census and won a compromise in which 
        the Indian ancestry of the Upper Mattaponis was recorded but 
        questioned;
            (20) during the period of 1942 through 1945--
                    (A) the leadership of the Upper Mattaponi Indians, 
                with the help of Frank Speck and others, fought against 
                the induction of young men of the Tribe into 
                ``colored'' units in the Armed Forces of the United 
                States; and
                    (B) a tribal roll for the Upper Mattaponi Indians 
                was compiled;
            (21) from 1945 to 1946, negotiations took place to admit 
        some of the young people of the Upper Mattaponi to high schools 
        for Federal Indians (especially at Cherokee) because no high 
        school coursework was available for Indians in Virginia 
        schools; and
            (22) in 1983, the Upper Mattaponi Indians applied for and 
        won State recognition as an Indian tribe.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Tribal member.--The term ``tribal member'' means--
                    (A) an individual who is an enrolled member of the 
                Tribe as of the date of enactment of this Act; and
                    (B) an individual who has been placed on the 
                membership rolls of the Tribe in accordance with this 
                title.
            (3) Tribe.--The term ``Tribe'' means the Upper Mattaponi 
        Tribe.

SEC. 303. FEDERAL RECOGNITION.

    (a) Federal Recognition.--
            (1) In general.--Federal recognition is extended to the 
        Tribe.
            (2) Applicability of laws.--All laws (including 
        regulations) of the United States of general applicability to 
        Indians or nations, Indian tribes, or bands of Indians 
        (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)), 
        that are not inconsistent with this title shall be applicable 
        to the Tribe and tribal members.
    (b) Federal Services and Benefits.--
            (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible for all 
        services and benefits provided by the Federal Government to 
        federally recognized Indian tribes without regard to--
                    (A) the existence of a reservation for the Tribe; 
                or
                    (B) the location of the residence of any tribal 
                member on or near any Indian reservation.
            (2) Service area.--For the purpose of the delivery of 
        Federal services to tribal members, the service area of the 
        Tribe shall be considered to be the area within 25 miles of the 
        Sharon Indian School at 13383 King William Road, King William 
        County, Virginia.

SEC. 304. MEMBERSHIP; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 305. GOVERNING BODY.

    The governing body of the Tribe shall be--
            (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
            (2) any subsequent governing body elected in accordance 
        with the election procedures specified in the governing 
        documents of the Tribe.

SEC. 306. RESERVATION OF THE TRIBE.

    (a) In General.--On request of the Tribe, the Secretary--
            (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007; and
            (2) may take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe, if the land is located within 
        the boundaries of King William County, Caroline County, Hanover 
        County, King and Queen County, and New Kent County, Virginia.
    (b) Deadline for Determination.--The Secretary shall--
            (1) not later than 3 years after the date of a request of 
        the Tribe under subsection (a), make a final written 
        determination regarding the request; and
            (2) immediately make that determination available to the 
        Tribe.
    (c) Reservation Status.--On request of the Tribe, any land taken 
into trust for the benefit of the Tribe pursuant to this section shall 
be considered to be a part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities--
            (1) as a matter of claimed inherent authority; or
            (2) pursuant to any Federal law, including the Indian 
        Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
        regulations promulgated pursuant to that Act by the Secretary 
        or the National Indian Gaming Commission).

SEC. 307. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

    Nothing in this title expands, reduces, or affects in any manner 
any hunting, fishing, trapping, gathering, or water rights of the Tribe 
and members of the Tribe.

SEC. 308. JURISDICTION OF STATE OF VIRGINIA.

    (a) In General.--The State of Virginia shall exercise jurisdiction 
over any criminal offense committed, and any civil actions arising, on 
land located within the State that is owned by, or held in trust by the 
United States for, the Tribe.
    (b) Acceptance of State Jurisdiction by Secretary.--The Secretary 
may accept on behalf of the United States, after consultation with the 
Attorney General of the United States, all or any portion of the 
jurisdiction of the State of Virginia described in subsection (a) on 
verification by the Secretary of a certification by the Tribe that the 
Tribe possesses the capacity to reassume that jurisdiction.
    (c) Effect of Section.--Nothing in this section affects the 
application of section 109 of the Indian Child Welfare Act of 1978 (25 
U.S.C. 1919).

                   TITLE IV--RAPPAHANNOCK TRIBE, INC.

SEC. 401. FINDINGS.

    Congress finds that--
            (1)(A) the first encounter with the English colonists was 
        chronicled by George Percy on May 5, 1607, when the 
        Rappahannock werowance, Pipiscumah or Pipisco, sent a messenger 
        to Captain Christopher Newport bidding the English to come to 
        him.
            (B) Percy wrote, ``When we came to Rappahanna's town, he 
        entertained us in good humanity.'';
            (C) the meeting took place approximately 10 miles from 
        Jamestown, at the principal town of the Rappahannocks on the 
        James River, Quioughcohanock (also called ``Tapahanauk'');
            (D) Quioughcohanock was a part of the Powhatan chiefdom as 
        well as a later town named after the werowance, Pipisco;
            (E) those towns were located in (Old) James City County, 
        which later became Surry County, Virginia; and
            (F) there are numerous interactions between those 
        Rappahannock towns and the English recorded in the Jamestown 
        Narratives during the period of 1607 through 1617;
            (2) during the initial months after Virginia was settled, 
        the Rappahannock Indians had 2 encounters with Captain John 
        Smith;
            (3)(A) a meeting occurred during the time when Powhatan 
        held Smith captive (December 1607 through January 8, 1608);
            (B) Smith was taken to the Rappahannock principal town on 
        the Rappahannock River to see if he was the ``great man'' that 
        had previously sailed into the Rappahannock River, killed their 
        king and kidnaped their people; and
            (C) it was determined that Smith was too short to be that 
        ``great man'';
            (4) a second meeting took place during Smith's exploration 
        of the Chesapeake Bay (July 1608 to September 1608), when, 
        after the Moraughtacund Indians had stolen 3 women from the 
        Rappahannock King, Smith was prevailed on to facilitate a 
        peaceful truce between the Rappahannock and the Moraughtacund 
        Indians;
            (5) in the settlement, Smith had the 2 Indian tribes meet 
        on the spot of their first fight;
            (6) when it was established that both groups wanted peace, 
        Smith told the Rappahannock King to select which of the 3 
        stolen women he wanted;
            (7) the Moraughtacund King was given second choice among 
        the 2 remaining women, and Mosco, a Wighcocomoco (on the 
        Potomac River) guide, was given the third woman;
            (8) in 1645, Captain William Claiborne tried unsuccessfully 
        to establish treaty relations with the Rappahannocks, because 
        the Rappahannock towns on the Rappahannock River had not 
        participated in the Pamunkey-led uprising in 1644, and the 
        English wanted to ``treat with the Rappahannocks or any other 
        Indians not in amity with Opechancanough, concerning serving 
        the County against the Pamunkey's'';
            (9) in April 1651, the Rappahannocks conveyed a tract of 
        land to an English settler, Colonel Morre Fauntleroy;
            (10) the deed for the conveyance was signed by Accopatough, 
        weroance of the Rappahannock Indians;
            (11) in September 1653, Lancaster County signed a treaty 
        with Rappahannock Indians, the terms of which treaty--
                    (A) gave Rappahannocks the rights of Englishmen in 
                the county court; and
                    (B) attempted to make the Rappahannocks more 
                accountable under English law;
            (12) in September 1653, Lancaster County defined and marked 
        the bounds of its Indian settlements;
            (13) according to the Lancaster clerk of court, ``the tribe 
        called the great Rappahannocks lived on the Rappahannock Creek 
        just across the river above Tappahannock'';
            (14) in September 1656, (Old) Rappahannock County (which, 
        as of the date of enactment of this Act, is comprised of 
        Richmond and Essex Counties, Virginia) signed a treaty with 
        Rappahannock Indians that--
                    (A) mirrored the Lancaster County treaty from 1653; 
                and
                    (B) stated that--
                            (i) Rappahannocks were to be rewarded, in 
                        Roanoke, for returning English fugitives; and
                            (ii) the English encouraged the 
                        Rappahannocks to send their children to live 
                        among the English as servants, who the English 
                        promised would be well-treated;
            (15) in 1658, the Virginia Assembly revised a 1652 Act 
        stating that ``there be no grants of land to any Englishman 
        whatsoever de futuro until the Indians be first served with the 
        proportion of 50 acres of land for each bowman'';
            (16) in 1669, the colony conducted a census of Virginia 
        Indians;
            (17) as of the date of that census--
                    (A) the majority of the Rappahannocks were residing 
                at their hunting village on the north side of the 
                Mattaponi River; and
                    (B) at the time of the visit, census-takers were 
                counting only the Indian tribes along the rivers, which 
                explains why only 30 Rappahannock bowmen were counted 
                on that river;
            (18) the Rappahannocks used the hunting village on the 
        north side of the Mattaponi River as their primary residence 
        until the Rappahannocks were removed in 1684;
            (19) in May 1677, the Treaty of Middle Plantation was 
        signed with England;
            (20) the Pamunkey Queen Cockacoeske signed on behalf of the 
        Rappahannocks, ``who were supposed to be her tributaries'', but 
        before the treaty could be ratified, the Queen of Pamunkey 
        complained to the Virginia Colonial Council ``that she was 
        having trouble with Rappahannocks and Chickahominies, 
        supposedly tributaries of hers'';
            (21) in November 1682, the Virginia Colonial Council 
        established a reservation for the Rappahannock Indians of 3,474 
        acres ``about the town where they dwelt'', the land being 
        located in (Old) New Kent County, which was later divided to 
        include the modern counties of Caroline and King & Queen in 
        Virginia;
            (22) the Rappahannock ``town'' was the hunting village on 
        the north side of the Mattaponi River, where the Rappahannocks 
        had lived throughout the 1670s;
            (23) the acreage allotment of the reservation was based on 
        the 1658 Indian land act, which translates into a bowman 
        population of 70, or an approximate total Rappahannock 
        population of 350;
            (24) in 1683, following raids by Iroquoian warriors on 
        Indian and English settlements, the Virginia Colonial Council 
        ordered the Rappahannocks to leave their reservation and unite 
        with the Nanzatico Indians at Nanzatico Indian Town, which was 
        located across and up the Rappahannock River approximately 30 
        miles in King George County;
            (25) between 1687 and 1699, the Rappahannocks migrated out 
        of Nanzatico, returning to the south side of the Rappahannock 
        River at Portobacco Indian Town;
            (26)(A) in 1706, by order of Essex County, Lieutenant 
        Richard Covington ``escorted'' the Portobaccos, Nanzaticos, and 
        Rappahannocks out of Portabacco Indian Town, out of Essex 
        County, and into King and Queen County, where those Indians 
        settled along the ridgeline between the Rappahannock and 
        Mattaponi Rivers, the site of their ancient hunting village and 
        1682 reservation; and
            (B) that land encompassed the Newtown area on the King & 
        Queen County side of the Mattaponi River and extended into 
        Mangohick, on the King William County side of the Mattaponi 
        River;
            (27) during the 1760s, 3 Rappahannock girls were raised on 
        Thomas Nelson's Bleak Hill Plantation in King William County;
            (28) of those girls--
                    (A) 1 married a Saunders man;
                    (B) 1 married a Johnson man; and
                    (C) 1 had 2 children, Edmund and Carter Nelson, 
                fathered by Thomas Cary Nelson;
            (29)(A) land was gifted by the Nelson family to the 
        Saunders and Johnson families as wedding gifts to the 
        Rappahannock girls in King William County; and
            (B) in the 19th century, those Saunders, Johnson, and 
        Nelson families were among the core Rappahannock families from 
        which the modern Rappahannock Tribe traces its descent;
            (30) in 1819 and 1820, Edward Bird, John Bird (and his 
        wife), Carter Nelson, Edmund Nelson, and Carter Spurlock (all 
        Rappahannock ancestors) were listed on the tax roles of King 
        and Queen County and taxed at the county poor rate;
            (31) Edmund Bird was added to the tax roles in 1821;
            (32) those tax records are significant documentation 
        because the great majority of pre-1864 records for King and 
        Queen County were destroyed by fire;
            (33) beginning in 1819, and continuing through the 1880s, 
        there was a solid Rappahannock presence in the membership at 
        Upper Essex Baptist Church;
            (34) that was the first instance of conversion to 
        Christianity by at least some Rappahannock Indians;
            (35) while 26 identifiable and traceable Rappahannock 
        surnames appear on the pre-1863 membership list, and 28 were 
        listed on the 1863 membership roster, the number of surnames 
        listed had declined to 12 in 1878 and had risen only slightly 
        to 14 by 1888;
            (36) a reason for the decline is that in 1870, a Methodist 
        circuit rider, Joseph Mastin, secured funds to purchase land 
        and construct St. Stephens Baptist Church for the Rappahannocks 
        living nearby in Caroline County;
            (37) Mastin referred to the Rappahannocks during the period 
        of 1850 to 1870 as ``Indians, having a great need for moral and 
        Christian guidance'';
            (38) St. Stephens was the dominant tribal church until the 
        Rappahannock Indian Baptist Church was established in 1964;
            (39) at both churches, the core Rappahannock family names 
        of Bird, Clarke, Fortune, Johnson, Nelson, Parker, and 
        Richardson predominate;
            (40) during the early 1900s, James Mooney, noted 
        anthropologist, maintained correspondence with the 
        Rappahannocks, surveying them and instructing them on how to 
        formalize their tribal government;
            (41) in November 1920, Speck visited the Rappahannocks and 
        assisted them in organizing the fight for their sovereign 
        rights;
            (42) in 1921, the Rappahannocks were granted a charter from 
        the Commonwealth of Virginia formalizing their tribal 
        government;
            (43) Speck began a professional relationship with the Tribe 
        that would last more than 30 years and document Rappahannock 
        history and traditions as never before;
            (44) in April 1921, Rappahannock Chief George Nelson asked 
        the Governor of Virginia, Westmoreland Davis, to forward a 
        proclamation to the President of the United States, along with 
        an appended list of tribal members and a handwritten copy of 
        the proclamation itself;
            (45) the letter concerned Indian freedom of speech and 
        assembly nationwide;
            (46) in 1922, the Rappahannocks established a formal school 
        at Lloyds, Essex County, Virginia;
            (47) prior to establishment of the school, Rappahannock 
        children were taught by a tribal member in Central Point, 
        Caroline County, Virginia;
            (48) in December 1923, Rappahannock Chief George Nelson 
        testified before Congress appealing for a $50,000 appropriation 
        to establish an Indian school in Virginia;
            (49) in 1930, the Rappahannocks were engaged in an ongoing 
        dispute with the Commonwealth of Virginia and the United States 
        Census Bureau about their classification in the 1930 Federal 
        census;
            (50) in January 1930, Rappahannock Chief Otho S. Nelson 
        wrote to Leon Truesdell, Chief Statistician of the United 
        States Census Bureau, asking that the 218 enrolled 
        Rappahannocks be listed as Indians;
            (51) in February 1930, Truesdell replied to Nelson saying 
        that ``special instructions'' were being given about 
        classifying Indians;
            (52) in April 1930, Nelson wrote to William M. Steuart at 
        the Census Bureau asking about the enumerators' failure to 
        classify his people as Indians, saying that enumerators had not 
        asked the question about race when they interviewed his people;
            (53) in a followup letter to Truesdell, Nelson reported 
        that the enumerators were ``flatly denying'' his people's 
        request to be listed as Indians and that the race question was 
        completely avoided during interviews;
            (54) the Rappahannocks had spoken with Caroline and Essex 
        County enumerators, and with John M.W. Green at that point, 
        without success;
            (55) Nelson asked Truesdell to list people as Indians if he 
        sent a list of members;
            (56) the matter was settled by William Steuart, who 
        concluded that the Bureau's rule was that people of Indian 
        descent could be classified as ``Indian'' only if Indian 
        ``blood'' predominated and ``Indian'' identity was accepted in 
        the local community;
            (57) the Virginia Vital Statistics Bureau classed all 
        nonreservation Indians as ``Negro'', and it failed to see why 
        ``an exception should be made'' for the Rappahannocks;
            (58) therefore, in 1925, the Indian Rights Association took 
        on the Rappahannock case to assist the Rappahannocks in 
        fighting for their recognition and rights as an Indian tribe;
            (59) during the Second World War, the Pamunkeys, 
        Mattaponis, Chickahominies, and Rappahannocks had to fight the 
        draft boards with respect to their racial identities;
            (60) the Virginia Vital Statistics Bureau insisted that 
        certain Indian draftees be inducted into Negro units;
            (61) finally, 3 Rappahannocks who were convicted of 
        violating the Federal draft laws because they refused to be 
        inducted unless they could be classified as Indian, after 
        spending time in a Federal prison, were granted conscientious 
        objector status and served out the remainder of the war working 
        in military hospitals;
            (62) in 1943, Frank Speck noted that there were 
        approximately 25 communities of Indians left in the Eastern 
        United States that were entitled to Indian classification, 
        including the Rappahannocks;
            (63) in the 1940s, Leon Truesdell, Chief Statistician, of 
        the United States Census Bureau, listed 118 members in the 
        Rappahannock Tribe in the Indian population of Virginia;
            (64) on April 25, 1940, the Office of Indian Affairs of the 
        Department of the Interior included the Rappahannocks on a list 
        of Indian tribes classified by State and by agency;
            (65) in 1948, the Smithsonian Institution Annual Report 
        included an article by William Harlen Gilbert entitled, 
        ``Surviving Indian Groups of the Eastern United States'', which 
        included and described the Rappahannock Tribe;
            (66) in the late 1940s and early 1950s, the Rappahannocks 
        operated a school at Indian Neck;
            (67) the State agreed to pay a tribal teacher to teach 10 
        students bused by King and Queen County to Sharon Indian School 
        in King William County, Virginia;
            (68) in 1965, Rappahannock students entered Marriott High 
        School (a white public school) by executive order of the 
        Governor of Virginia;
            (69) in 1972, the Rappahannocks worked with the Coalition 
        of Eastern Native Americans to fight for Federal recognition;
            (70) in 1979, the Coalition established a pottery and 
        artisans company, operating with other Virginia tribes;
            (71) in 1980, the Rappahannocks received funding through 
        the Administration for Native Americans of the Department of 
        Health and Human Services to develop an economic program for 
        the Tribe; and
            (72) in 1983, the Rappahannocks received State recognition 
        as an Indian tribe.

SEC. 402. DEFINITIONS.

    In this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Tribal member.--The term ``tribal member'' means--
                    (A) an individual who is an enrolled member of the 
                Tribe as of the date of enactment of this Act; and
                    (B) an individual who has been placed on the 
                membership rolls of the Tribe in accordance with this 
                title.
            (3) Tribe.--
                    (A) In general.--The term ``Tribe'' means the 
                organization possessing the legal name Rappahannock 
                Tribe, Inc.
                    (B) Exclusions.--The term ``Tribe'' does not 
                include any other Indian tribe, subtribe, band, or 
                splinter group the members of which represent 
                themselves as Rappahannock Indians.

SEC. 403. FEDERAL RECOGNITION.

    (a) Federal Recognition.--
            (1) In general.--Federal recognition is extended to the 
        Tribe.
            (2) Applicability of laws.--All laws (including 
        regulations) of the United States of general applicability to 
        Indians or nations, Indian tribes, or bands of Indians 
        (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)), 
        that are not inconsistent with this title shall be applicable 
        to the Tribe and tribal members.
    (b) Federal Services and Benefits.--
            (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible for all 
        services and benefits provided by the Federal Government to 
        federally recognized Indian tribes without regard to--
                    (A) the existence of a reservation for the Tribe; 
                or
                    (B) the location of the residence of any tribal 
                member on or near any Indian reservation.
            (2) Service area.--For the purpose of the delivery of 
        Federal services to tribal members, the service area of the 
        Tribe shall be considered to be the area comprised of King and 
        Queen County, Caroline County, Essex County, and King William 
        County, Virginia.

SEC. 404. MEMBERSHIP; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 405. GOVERNING BODY.

    The governing body of the Tribe shall be--
            (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
            (2) any subsequent governing body elected in accordance 
        with the election procedures specified in the governing 
        documents of the Tribe.

SEC. 406. RESERVATION OF THE TRIBE.

    (a) In General.--On request of the Tribe, the Secretary--
            (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007; and
            (2) may take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe, if the land is located within 
        the boundaries of King and Queen County, Spotsylvania County, 
        Richmond County, Lancaster County, King George County, Essex 
        County, Caroline County, New Kent County, King William County, 
        James City County, and Surry County, Virginia.
    (b) Deadline for Determination.--The Secretary shall--
            (1) not later than 3 years after the date of a request of 
        the Tribe under subsection (a), make a final written 
        determination regarding the request; and
            (2) immediately make that determination available to the 
        Tribe.
    (c) Reservation Status.--On request of the Tribe, any land taken 
into trust for the benefit of the Tribe pursuant to this section shall 
be considered to be a part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities--
            (1) as a matter of claimed inherent authority; or
            (2) pursuant to any Federal law, including the Indian 
        Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
        regulations promulgated pursuant to that Act by the Secretary 
        or the National Indian Gaming Commission).

SEC. 407. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

    Nothing in this title expands, reduces, or affects in any manner 
any hunting, fishing, trapping, gathering, or water rights of the Tribe 
and members of the Tribe.

SEC. 408. JURISDICTION OF STATE OF VIRGINIA.

    (a) In General.--The State of Virginia shall exercise jurisdiction 
over any criminal offense committed, and any civil actions arising, on 
land located within the State that is owned by, or held in trust by the 
United States for, the Tribe.
    (b) Acceptance of State Jurisdiction by Secretary.--The Secretary 
may accept on behalf of the United States, after consultation with the 
Attorney General of the United States, all or any portion of the 
jurisdiction of the State of Virginia described in subsection (a) on 
verification by the Secretary of a certification by the Tribe that the 
Tribe possesses the capacity to reassume that jurisdiction.
    (c) Effect of Section.--Nothing in this section affects the 
application of section 109 of the Indian Child Welfare Act of 1978 (25 
U.S.C. 1919).

                     TITLE V--MONACAN INDIAN NATION

SEC. 501. FINDINGS.

    Congress finds that--
            (1) In 1677, the Monacan Tribe signed the Treaty of Middle 
        Plantation between Charles II of England and 12 Indian ``Kings 
        and Chief Men'';
            (2) in 1722, in the Treaty of Albany, Governor Spotswood 
        negotiated to save the Virginia Indians from extinction at the 
        hands of the Iroquois;
            (3) specifically mentioned in the negotiations were the 
        Monacan tribes of the Totero (Tutelo), Saponi, Ocheneeches 
        (Occaneechi), Stengenocks, and Meipontskys;
            (4) in 1790, the first national census recorded Benjamin 
        Evans and Robert Johns, both ancestors of the present Monacan 
        community, listed as ``white'' with mulatto children;
            (5) in 1782, tax records also began for those families;
            (6) in 1850, the United States census recorded 29 families, 
        mostly large, with Monacan surnames, the members of which are 
        genealogically related to the present community;
            (7) in 1870, a log structure was built at the Bear Mountain 
        Indian Mission;
            (8) in 1908, the structure became an Episcopal Mission and, 
        as of the date of enactment of this Act, the structure is 
        listed as a landmark on the National Register of Historic 
        Places;
            (9) in 1920, 304 Amherst Indians were identified in the 
        United States census;
            (10) from 1930 through 1931, numerous letters from Monacans 
        to the Bureau of the Census resulted from the decision of Dr. 
        Walter Plecker, former head of the Bureau of Vital Statistics 
        of the State of Virginia, not to allow Indians to register as 
        Indians for the 1930 census;
            (11) the Monacans eventually succeeded in being allowed to 
        claim their race, albeit with an asterisk attached to a note 
        from Dr. Plecker stating that there were no Indians in 
        Virginia;
            (12) in 1947, D'Arcy McNickle, a Salish Indian, saw some of 
        the children at the Amherst Mission and requested that the 
        Cherokee Agency visit them because they appeared to be Indian;
            (13) that letter was forwarded to the Department of the 
        Interior, Office of Indian Affairs, Chicago, Illinois;
            (14) Chief Jarrett Blythe of the Eastern Band of Cherokee 
        did visit the Mission and wrote that he ``would be willing to 
        accept these children in the Cherokee school'';
            (15) in 1979, a Federal Coalition of Eastern Native 
        Americans established the entity known as ``Monacan Co-
        operative Pottery'' at the Amherst Mission;
            (16) some important pieces were produced at Monacan Co-
        operative Pottery, including a piece that was sold to the 
        Smithsonian Institution;
            (17) the Mattaponi-Pamunkey-Monacan Consortium, established 
        in 1981, has since been organized as a nonprofit corporation 
        that serves as a vehicle to obtain funds for those Indian 
        tribes from the Department of Labor under Native American 
        programs;
            (18) in 1989, the Monacan Tribe was recognized by the State 
        of Virginia, which enabled the Tribe to apply for grants and 
        participate in other programs; and
            (19) in 1993, the Monacan Tribe received tax-exempt status 
        as a nonprofit corporation from the Internal Revenue Service.

SEC. 502. DEFINITIONS.

    In this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Tribal member.--The term ``tribal member'' means--
                    (A) an individual who is an enrolled member of the 
                Tribe as of the date of enactment of this Act; and
                    (B) an individual who has been placed on the 
                membership rolls of the Tribe in accordance with this 
                title.
            (3) Tribe.--The term ``Tribe'' means the Monacan Indian 
        Nation.

SEC. 503. FEDERAL RECOGNITION.

    (a) Federal Recognition.--
            (1) In general.--Federal recognition is extended to the 
        Tribe.
            (2) Applicability of laws.--All laws (including 
        regulations) of the United States of general applicability to 
        Indians or nations, Indian tribes, or bands of Indians 
        (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)), 
        that are not inconsistent with this title shall be applicable 
        to the Tribe and tribal members.
    (b) Federal Services and Benefits.--
            (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible for all 
        services and benefits provided by the Federal Government to 
        federally recognized Indian tribes without regard to--
                    (A) the existence of a reservation for the Tribe; 
                or
                    (B) the location of the residence of any tribal 
                member on or near any Indian reservation.
            (2) Service area.--For the purpose of the delivery of 
        Federal services to tribal members, the service area of the 
        Tribe shall be considered to be the area comprised of all land 
        within 25 miles from the center of Amherst, Virginia.

SEC. 504. MEMBERSHIP; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 505. GOVERNING BODY.

    The governing body of the Tribe shall be--
            (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
            (2) any subsequent governing body elected in accordance 
        with the election procedures specified in the governing 
        documents of the Tribe.

SEC. 506. RESERVATION OF THE TRIBE.

    (a) In General.--On request of the Tribe, the Secretary--
            (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007; and
            (2) may take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe, if the land is located within 
        the boundaries of Albemarle County, Alleghany County, Amherst 
        County, Augusta County, Campbell County, Nelson County, and 
        Rockbridge County, Virginia.
    (b) Deadline for Determination.--The Secretary shall--
            (1) not later than 3 years after the date of a request of 
        the Tribe under subsection (a), make a final written 
        determination regarding the request; and
            (2) immediately make that determination available to the 
        Tribe.
    (c) Reservation Status.--On request of the Tribe, any land taken 
into trust for the benefit of the Tribe pursuant to this section shall 
be considered to be a part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities--
            (1) as a matter of claimed inherent authority; or
            (2) pursuant to any Federal law, including the Indian 
        Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
        regulations promulgated pursuant to that Act by the Secretary 
        or the National Indian Gaming Commission).

SEC. 507. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

    Nothing in this title expands, reduces, or affects in any manner 
any hunting, fishing, trapping, gathering, or water rights of the Tribe 
and members of the Tribe.

SEC. 508. JURISDICTION OF STATE OF VIRGINIA.

    (a) In General.--The State of Virginia shall exercise jurisdiction 
over any criminal offense committed, and any civil actions arising, on 
land located within the State that is owned by, or held in trust by the 
United States for, the Tribe.
    (b) Acceptance of State Jurisdiction by Secretary.--The Secretary 
may accept on behalf of the United States, after consultation with the 
Attorney General of the United States, all or any portion of the 
jurisdiction of the State of Virginia described in subsection (a) on 
verification by the Secretary of a certification by the Tribe that the 
Tribe possesses the capacity to reassume that jurisdiction.
    (c) Effect of Section.--Nothing in this section affects the 
application of section 109 of the Indian Child Welfare Act of 1978 (25 
U.S.C. 1919).

                    TITLE VI--NANSEMOND INDIAN TRIBE

SEC. 601. FINDINGS.

    Congress finds that--
            (1) from 1607 until 1646, Nansemond Indians--
                    (A) lived approximately 30 miles from Jamestown; 
                and
                    (B) were significantly involved in English-Indian 
                affairs;
            (2) after 1646, there were 2 sections of Nansemonds in 
        communication with each other, the Christianized Nansemonds in 
        Norfolk County, who lived as citizens, and the traditionalist 
        Nansemonds, who lived further west;
            (3) in 1638, according to an entry in a 17th century sermon 
        book still owned by the Chief's family, a Norfolk County 
        Englishman married a Nansemond woman;
            (4) that man and woman are lineal ancestors of all of 
        members of the Nansemond Indian tribe alive as of the date of 
        enactment of this Act, as are some of the traditionalist 
        Nansemonds;
            (5) in 1669, the 2 Nansemond sections appeared in Virginia 
        Colony's census of Indian bowmen;
            (6) in 1677, Nansemond Indians were signatories to the 
        Treaty of 1677 with the King of England;
            (7) in 1700 and 1704, the Nansemonds and other Virginia 
        Indian tribes were prevented by Virginia Colony from making a 
        separate peace with the Iroquois;
            (8) Virginia represented those Indian tribes in the final 
        Treaty of Albany, 1722;
            (9) in 1711, a Nansemond boy attended the Indian School at 
        the College of William and Mary;
            (10) in 1727, Norfolk County granted William Bass and his 
        kinsmen the ``Indian privileges'' of clearing swamp land and 
        bearing arms (which privileges were forbidden to other 
        nonwhites) because of their Nansemond ancestry, which meant 
        that Bass and his kinsmen were original inhabitants of that 
        land;
            (11) in 1742, Norfolk County issued a certificate of 
        Nansemond descent to William Bass;
            (12) from the 1740s to the 1790s, the traditionalist 
        section of the Nansemond tribe, 40 miles west of the 
        Christianized Nansemonds, was dealing with reservation land;
            (13) the last surviving members of that section sold out in 
        1792 with the permission of the State of Virginia;
            (14) in 1797, Norfolk County issued a certificate stating 
        that William Bass was of Indian and English descent, and that 
        his Indian line of ancestry ran directly back to the early 18th 
        century elder in a traditionalist section of Nansemonds on the 
        reservation;
            (15) in 1833, Virginia enacted a law enabling people of 
        European and Indian descent to obtain a special certificate of 
        ancestry;
            (16) the law originated from the county in which Nansemonds 
        lived, and mostly Nansemonds, with a few people from other 
        counties, took advantage of the new law;
            (17) a Methodist mission established around 1850 for 
        Nansemonds is currently a standard Methodist congregation with 
        Nansemond members;
            (18) in 1901, Smithsonian anthropologist James Mooney--
                    (A) visited the Nansemonds; and
                    (B) completed a tribal census that counted 61 
                households and was later published;
            (19) in 1922, Nansemonds were given a special Indian school 
        in the segregated school system of Norfolk County;
            (20) the school survived only a few years;
            (21) in 1928, University of Pennsylvania anthropologist 
        Frank Speck published a book on modern Virginia Indians that 
        included a section on the Nansemonds; and
            (22) the Nansemonds were organized formally, with elected 
        officers, in 1984, and later applied for and received State 
        recognition.

SEC. 602. DEFINITIONS.

    In this title:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Tribal member.--The term ``tribal member'' means--
                    (A) an individual who is an enrolled member of the 
                Tribe as of the date of enactment of this Act; and
                    (B) an individual who has been placed on the 
                membership rolls of the Tribe in accordance with this 
                title.
            (3) Tribe.--The term ``Tribe'' means the Nansemond Indian 
        Tribe.

SEC. 603. FEDERAL RECOGNITION.

    (a) Federal Recognition.--
            (1) In general.--Federal recognition is extended to the 
        Tribe.
            (2) Applicability of laws.--All laws (including 
        regulations) of the United States of general applicability to 
        Indians or nations, Indian tribes, or bands of Indians 
        (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)), 
        that are not inconsistent with this title shall be applicable 
        to the Tribe and tribal members.
    (b) Federal Services and Benefits.--
            (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible for all 
        services and benefits provided by the Federal Government to 
        federally recognized Indian tribes without regard to--
                    (A) the existence of a reservation for the Tribe; 
                or
                    (B) the location of the residence of any tribal 
                member on or near any Indian reservation.
            (2) Service area.--For the purpose of the delivery of 
        Federal services to tribal members, the service area of the 
        Tribe shall be considered to be the area comprised of the 
        cities of Chesapeake, Hampton, Newport News, Norfolk, 
        Portsmouth, Suffolk, and Virginia Beach, Virginia.

SEC. 604. MEMBERSHIP; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 605. GOVERNING BODY.

    The governing body of the Tribe shall be--
            (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
            (2) any subsequent governing body elected in accordance 
        with the election procedures specified in the governing 
        documents of the Tribe.

SEC. 606. RESERVATION OF THE TRIBE.

    (a) In General.--On request of the Tribe, the Secretary--
            (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007; and
            (2) may take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe, if the land is located within 
        the boundaries of the city of Suffolk, the city of Chesapeake, 
        or Isle of Wight County, Virginia.
    (b) Deadline for Determination.--The Secretary shall--
            (1) not later than 3 years after the date of a request of 
        the Tribe under subsection (a), make a final written 
        determination regarding the request; and
            (2) immediately make that determination available to the 
        Tribe.
    (c) Reservation Status.--On request of the Tribe, any land taken 
into trust for the benefit of the Tribe pursuant to this section shall 
be considered to be a part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities--
            (1) as a matter of claimed inherent authority; or
            (2) pursuant to any Federal law, including the Indian 
        Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
        regulations promulgated pursuant to that Act by the Secretary 
        or the National Indian Gaming Commission).

SEC. 607. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

    Nothing in this title expands, reduces, or affects in any manner 
any hunting, fishing, trapping, gathering, or water rights of the Tribe 
and members of the Tribe.

SEC. 608. JURISDICTION OF STATE OF VIRGINIA.

    (a) In General.--The State of Virginia shall exercise jurisdiction 
over any criminal offense committed, and any civil actions arising, on 
land located within the State that is owned by, or held in trust by the 
United States for, the Tribe.
    (b) Acceptance of State Jurisdiction by Secretary.--The Secretary 
may accept on behalf of the United States, after consultation with the 
Attorney General of the United States, all or any portion of the 
jurisdiction of the State of Virginia described in subsection (a) on 
verification by the Secretary of a certification by the Tribe that the 
Tribe possesses the capacity to reassume that jurisdiction.
    (c) Effect of Section.--Nothing in this section affects the 
application of section 109 of the Indian Child Welfare Act of 1978 (25 
U.S.C. 1919).
                                                       Calendar No. 251

111th CONGRESS

  1st Session

                                S. 1178

                          [Report No. 111-113]

_______________________________________________________________________

                                 A BILL

  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.

_______________________________________________________________________

                           December 23, 2009

                        Reported with amendments
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