(2) INTERIM GOVERNMENT.—Until such time
as the Tribe elects new officials pursuant to para-
graph (1), the governing body of the Tribe shall be
the governing body in place on the date of the enact-
ment of this Act, or any new governing body selected
under the election procedures specified in the in-
terim governing documents of the Tribe.
SEC. 506. RESERVATION OF THE TRIBE.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, if the Tribe transfers to the Secretary a parcel
consisting of approximately 10 acres located on Kenmore
Road in Amherst County, Virginia, and a parcel of land
consisting of approximately 165 acres located at the foot
of Bear Mountain in Amherst County, Virginia, the Sec-
retary shall take such land into trust for the benefit of
the Tribe.
(b) CONSTRUCTION.—Nothing in this section shall be
construed to satisfy the terms for an exception under sec-
tion 20(b)(1)(B) of the Indian Gaming Regulatory Act (25
U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on
lands acquired by the Secretary in trust for the benefit
of an Indian tribe after October 17, 1988, under section
20(a) of such Act (25 U.S.C. 2719(a)).
SEC. 507. HUNTING, FISHING, TRAPPING, GATHERING, AND
WATER RIGHTS.
Nothing in this Act shall expand, reduce, or affect
in any manner any hunting, fishing, trapping, gathering,
or water rights of the Tribe and its members.
TITLE VI—NANSEMOND TRIBE
SEC. 601. FINDINGS.
Congress makes the following findings:
(1) From 1607 until 1646, Nansemonds lived
about 30 miles from Jamestown; were major players
in English-Indian affairs in those years. After 1646,
there were 2 sections of the tribe, in communication
with each other: the Christianized Nansemonds in
Norfolk County lived as citizens, while the tradition-
alist Nansemonds farther west (various counties)
had a reservation.
(2) In 1638, a Norfolk County Englishman
married a Nansemond woman, according to an entry
in a 17th century sermon book still owned by the
Chief’s family. The couple are lineal ancestors of all
of the present Nansemond tribe (so are some of the
traditionalists).
(3) In 1669, the Tribe’s 2 sections appeared in
Virginia Colony’s census of Indian bowmen.
(4) In 1677, Nansemonds were signatories to
the Treaty of 1677 with the King of England.
(5) In 1700 and 1704, the Nansemonds and
other Virginia tribes were prevented by Virginia Col-
ony from making a separate peace with the Iroquois.
Virginia represented them in the final Treaty of Al-
bany, 1722.
(6) In 1711, the Nansemonds had a boy at the
Indian School at the College of William and Mary.
(7) In 1727, Norfolk County allowed to William
Bass and kinsmen the ‘‘Indian privileges’’ of clear-
ing swamp land and bearing arms (forbidden to
other nonwhites) because of their Nansemond de-
scent, which meant they were original inhabitants of
said land.
(8) In 1742, Norfolk County issued a certificate
of Nansemond descent to William Bass.
(9) From the 1740’s to the 1790’s, the tradi-
tionalist section of the Nansemond tribe, 40 miles
west, was dealing with reservation lands. The last
surviving members of that section sold out in 1792,
with permission of the Commonwealth of Virginia.
(10) In 1797, Norfolk County issued a certifi-
cate stating that William Bass was of Indian and
English descent; the Indian line of ancestry ran di-
rectly back to the early 18th century elder in a tra-
ditionalist section of Nansemonds on the reservation.
(11) In 1833, a State law passed enabling Eu-
ropean and Indian descended people to get a special
certificate of ancestry; a bill originated from the
county 
where 
Nansemonds 
lived, 
and 
mostly
Nansemonds took advantage of the law (few people
in other counties).
(12) Around 1850, a Methodist mission was es-
tablished for Nansemonds which is now a standard
Methodist congregation and still with Nansemond
members.
(13) In 1901, Smithsonian anthropologist
James Mooney visited the Nansemonds and took a
tribal census counting 61 households. The census
was later published.
(14) In 1922, Nansemonds got a special Indian
school in Norfolk County’s segregated school system.
The school survived only a few years.
(15) In 1928, University of Pennsylvania an-
thropologist Frank Speck published a book on mod-
ern Virginia Indians with a section on the
Nansemonds.
(16) In 1984, the Nansemonds were organized
formally, with elected officers; then applied for and
won State recognition.
SEC. 602. DEFINITIONS.
For the purposes of this title—
(1) the term ‘‘Tribe’’ means the Nansemond
Tribe;
(2) the term ‘‘Secretary’’ means the Secretary
of the Interior; and
(3) the term ‘‘member’’ means an enrolled
member of the Tribe, as of the date of the enact-
ment of this Act, or an individual who has been
placed on the membership rolls of the Tribe in ac-
cordance with this Act.
SEC. 603. FEDERAL RECOGNITION.
(a) FEDERAL RECOGNITION.—Federal recognition is
hereby extended to the Tribe. All laws and regulations of
the United States of general application to Indians or na-
tions, tribes, or bands of Indians, including the Act of
June 18, 1934 (25 U.S.C. 461 et seq.) which are not in-
consistent with any specific provision of this Act, shall be
applicable to the Tribe and its members.
(b) FEDERAL SERVICES AND BENEFITS.—
(1) IN GENERAL.—The Tribe and its members
shall be eligible, on and after the date of the enact-
ment of this Act, for all future services and benefits
provided by the Federal Government to federally rec-
ognized Indian tribes without regard to the existence
of a reservation for the Tribe or the location of the
residence of any member on or near any Indian res-
ervation.
(2) SERVICE AREA.—For purposes of the deliv-
ery of Federal services to enrolled members of the
Tribe, the Tribe’s service area shall be deemed to be
the area comprised of the cities of Chesapeake,
Hampton, Newport News, Norfolk, Portsmouth, Suf-
folk, and Virginia Beach, Virginia.
SEC. 604. MEMBERSHIP.
Not later than 18 months after the date of the enact-
ment of this Act, the Tribe shall submit to the Secretary
a membership roll consisting of all individuals currently
enrolled for membership in the Tribe. The qualifications
for inclusion on the membership roll of the Tribe shall be
determined by the membership clauses in the Tribe’s gov-
erning document, in consultation with the Secretary. Upon
completion of the roll, the Secretary shall immediately
publish notice of such in the Federal Register. The Tribe
shall ensure that such roll is maintained and kept current.
SEC. 605. CONSTITUTION AND GOVERNING BODY.
(a) CONSTITUTION.—
(1) ADOPTION.—Not later than 24 months
after the date of the enactment of this Act, the
Tribe shall conduct, by secret ballot, an election to
adopt a constitution and bylaws for the Tribe.
(2) INTERIM
GOVERNING
DOCUMENTS.—Until
such time as a new constitution is adopted under
paragraph (1), the governing documents in effect on
the date of enactment of this Act shall be the in-
terim governing documents for the Tribe.
(b) OFFICIALS.—
(1) ELECTION.—Not later than 6 months after
the Tribe adopts a constitution and bylaws pursuant
to subsection (a), the Tribe shall conduct elections
by secret ballot for the purpose of electing officials
for the Tribe as provided in the constitution and by-
laws.
(2) INTERIM GOVERNMENT.—Until such time
as the Tribe elects new officials pursuant to para-
graph (1), the governing body of the Tribe shall be
the governing body in place on the date of the enact-
ment of this Act, or any new governing body selected
under the election procedures specified in the in-
terim governing documents of the Tribe.
SEC. 606. RESERVATION OF THE TRIBE.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, if the Tribe transfers any land it acquires to
the Secretary, the Secretary may take such land into trust
for the benefit of the Tribe.
(b) CONSTRUCTION.—Nothing in this section shall be
construed to satisfy the terms for an exception under sec-
tion 20(b)(1)(B) of the Indian Gaming Regulatory Act (25
U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on
lands acquired by the Secretary in trust for the benefit
of an Indian tribe after October 17, 1988, under section
20(a) of such Act (25 U.S.C. 2719(a)).
SEC. 607. HUNTING, FISHING, TRAPPING, GATHERING, AND
WATER RIGHTS.
Nothing in this Act shall expand, reduce, or affect
in any manner any hunting, fishing, trapping, gathering,
or water rights of the Tribe and its members.
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