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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 984 Enrolled Bill (ENR)]

        H.R.984

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen

                                 An Act

 
  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 ``Thomasina E. 
Jordan Indian Tribes of Virginia Federal Recognition Act of 2017''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Indian Child Welfare Act of 1978.

                   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.

          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.

                    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.

                   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.

                     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.

                    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.

                        TITLE VII--EMINENT DOMAIN

Sec. 701. Limitation.
SEC. 2. INDIAN CHILD WELFARE ACT OF 1978.
    Nothing in this Act affects the application of section 109 of the 
Indian Child Welfare Act of 1978 (25 U.S.C. 1919).

                   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 one 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 two 
        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 one 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.W. 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 five 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 the existence 
    of a reservation for the Tribe.
        (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.--Upon the request of the Tribe, the Secretary of 
the Interior--
        (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, if such lands are located within the 
    boundaries of New Kent County, James City County, Charles City 
    County, or Henrico County, Virginia; and
        (2) may take into trust for the benefit of the Tribe any land 
    held in fee by the Tribe, if such lands are 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 make a final 
written determination not later than 3 years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit 
of the Tribe pursuant to this paragraph shall, upon request of the 
Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a 
matter of claimed inherent authority or under the authority of any 
Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.) or under any regulations thereunder promulgated 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.

         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 one 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 two 
        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 one 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 one-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 one-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 five 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 the existence 
    of a reservation for the Tribe.
        (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.--Upon the request of the Tribe, the Secretary of 
the Interior--
        (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, if such lands are located within the 
    boundaries of New Kent County, James City County, Charles City 
    County, or Henrico County, Virginia; and
        (2) may take into trust for the benefit of the Tribe any land 
    held in fee by the Tribe, if such lands are 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 make a final 
written determination not later than 3 years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit 
of the Tribe pursuant to this paragraph shall, upon request of the 
Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a 
matter of claimed inherent authority or under the authority of any 
Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.) or under any regulations thereunder promulgated 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.

                    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 two 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 the existence 
    of a reservation for the Tribe.
        (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.--Upon the request of the Tribe, the Secretary of 
the Interior--
        (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, if such lands are located within the 
    boundaries of King William County, Caroline County, Hanover County, 
    King and Queen County, and New Kent County, Virginia; and
        (2) may take into trust for the benefit of the Tribe any land 
    held in fee by the Tribe, if such lands are 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 make a final 
written determination not later than 3 years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit 
of the Tribe pursuant to this paragraph shall, upon request of the 
Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a 
matter of claimed inherent authority or under the authority of any 
Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.) or under any regulations thereunder promulgated 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.

                   TITLE IV--RAPPAHANNOCK TRIBE, INC.

    SEC. 401. FINDINGS.
    Congress finds that--
        (1) during the initial months after Virginia was settled, the 
    Rappahannock Indians had three encounters with Captain John Smith;
        (2) the first encounter occurred when the Rappahannock weroance 
    (headman)--
            (A) traveled to Quiyocohannock (a principal town across the 
        James River from Jamestown), where he met with Smith to 
        determine whether Smith had been the ``great man'' who had 
        previously sailed into the Rappahannock River, killed a 
        Rappahannock weroance, and kidnapped Rappahannock people; and
            (B) determined that Smith was too short to be that ``great 
        man'';
        (3) on a second meeting, during John Smith's captivity 
    (December 16, 1607, to January 8, 1608), Smith was taken to the 
    Rappahannock principal village to show the people that Smith was 
    not the ``great man'';
        (4) a third meeting took place during Smith's exploration of 
    the Chesapeake Bay (July to September 1608), when, after the 
    Moraughtacund Indians had stolen three women from the Rappahannock 
    King, Smith was prevailed upon to facilitate a peaceful truce 
    between the Rappahannock and the Moraughtacund Indians;
        (5) in the settlement, Smith had the two 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 three 
    stolen women he wanted;
        (7) the Moraughtacund King was given second choice among the 
    two 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, as the 
    Rappahannocks 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 Pamunkeys'';
        (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'';
        (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 both 
    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 some 30 miles;
        (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) in 1706, by order of Essex County, Lieutenant Richard 
    Covington ``escorted'' the Portobaccos and Rappahannocks out of 
    Portobacco Indian Town, out of Essex County, and into King and 
    Queen County where they settled along the ridgeline between the 
    Rappahannock and Mattaponi Rivers, the site of their ancient 
    hunting village and 1682 reservation;
        (27) during the 1760s, three Rappahannock girls were raised on 
    Thomas Nelson's Bleak Hill Plantation in King William County;
        (28) of those girls--
            (A) one married a Saunders man;
            (B) one married a Johnson man; and
            (C) one had two children, Edmund and Carter Nelson, 
        fathered by Thomas Cary Nelson;
        (29) in the 19th century, those Saunders, Johnson, and Nelson 
    families are among the core Rappahannock families from which the 
    modern 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, three Rappahannocks were convicted of violating 
    the Federal draft laws and, 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 the existence 
    of a reservation for the Tribe.
        (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.--Upon the request of the Tribe, the Secretary of 
the Interior--
        (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, if such lands are located within the 
    boundaries of King and Queen County, Stafford County, Spotsylvania 
    County, Richmond County, Essex County, and Caroline County, 
    Virginia; and
        (2) may take into trust for the benefit of the Tribe any land 
    held in fee by the Tribe, if such lands are located within the 
    boundaries of King and Queen County, Richmond County, Lancaster 
    County, King George County, Essex County, Caroline County, New Kent 
    County, King William County, and James City County, Virginia.
    (b) Deadline for Determination.--The Secretary shall make a final 
written determination not later than 3 years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit 
of the Tribe pursuant to this paragraph shall, upon request of the 
Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a 
matter of claimed inherent authority or under the authority of any 
Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.) or under any regulations thereunder promulgated 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.

                     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 
    Commonwealth 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 
    Commonwealth 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 the existence 
    of a reservation for the Tribe.
        (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.--Upon the request of the Tribe, the Secretary of 
the Interior--
        (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, if such lands are located within the 
    boundaries of Amherst County, Virginia; and
        (2) may take into trust for the benefit of the Tribe any land 
    held in fee by the Tribe, if such lands are located within the 
    boundaries of Amherst County, Virginia, and those parcels in 
    Rockbridge County, Virginia (subject to the consent of the local 
    unit of government), owned by Mr. J. Poole, described as East 731 
    Sandbridge (encompassing approximately 4.74 acres) and East 731 
    (encompassing approximately 5.12 acres).
    (b) Deadline for Determination.--The Secretary shall make a final 
written determination not later than 3 years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit 
of the Tribe pursuant to this paragraph shall, upon request of the 
Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a 
matter of claimed inherent authority or under the authority of any 
Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.) or under any regulations thereunder promulgated 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.

                    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 two 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 two 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 non-Whites) 
    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 Commonwealth 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 the existence 
    of a reservation for the Tribe.
        (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.--Upon the request of the Tribe, the Secretary of 
the Interior--
        (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, if such lands are located within the 
    boundaries of the city of Suffolk, the city of Chesapeake, or Isle 
    of Wight County, Virginia; and
        (2) may take into trust for the benefit of the Tribe any land 
    held in fee by the Tribe, if such lands are 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 make a final 
written determination not later than 3 years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit 
of the Tribe pursuant to this paragraph shall, upon request of the 
Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a 
matter of claimed inherent authority or under the authority of any 
Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.) or under any regulations thereunder promulgated 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.

                       TITLE VII--EMINENT DOMAIN

    SEC. 701. LIMITATION.
    Eminent domain may not be used to acquire lands in fee or in trust 
for an Indian tribe recognized under this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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