(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 identi-
fied in the United States census; 
(10) from 1930 through 1931, numerous letters 
from Monacans to the Bureau of the Census re-
sulted 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 as-
terisk attached to a note from Dr. Plecker stating 
that there were no Indians in Virginia; 
(12) in 1947, D’Arcy McNickle, a Salish In-
dian, saw some of the children at the Amherst Mis-
sion and requested that the Cherokee Agency visit 
them because they appeared to be Indian; 
(13) that letter was forwarded to the Depart-
ment of the Interior, Office of Indian Affairs, Chi-
cago, 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 Con-
sortium, established in 1981, has since been orga-
nized as a nonprofit corporation that serves as a ve-
hicle to obtain funds for those Indian tribes from the 
Department of Labor under Native American pro-
grams; 
(18) in 1989, the Monacan Tribe was recog-
nized by the Commonwealth of Virginia, which en-
abled 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 mem-
ber’’ means— 
(A) an individual who is an enrolled mem-
ber 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 Mon-
acan Indian Nation.
SEC. 503. FEDERAL RECOGNITION. 
(a) FEDERAL RECOGNITION.— 
(1) IN
GENERAL.—Federal recognition is ex-
tended to the Tribe. 
(2) APPLICABILITY OF LAWS.—All laws (includ-
ing regulations) of the United States of general ap-
plicability 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 incon-
sistent 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 en-
actment 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 de-
livery 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 gov-
erning 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 ac-
quired 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, de-
scribed as East 731 Sandbridge (encompassing ap-
proximately 4.74 acres) and East 731 (encom-
passing approximately 5.12 acres)). 
(b) DEADLINE
FOR DETERMINATION.—The Sec-
retary shall make a final written determination not later 
than three 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 para-
graph shall, upon request of the Tribe, be considered part 
of the reservation of the Tribe. 
(d) GAMING.—The Tribe may not conduct gaming ac-
tivities 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.
SEC. 508. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 
(a) IN GENERAL.—The Commonwealth of Virginia 
shall exercise jurisdiction over— 
(1) all criminal offenses that are committed on; 
and 
(2) all civil actions that arise on, 
lands located within the Commonwealth of Virginia that 
are owned by, or held in trust by the United States for, 
the Tribe. 
(b) ACCEPTANCE OF STATE JURISDICTION BY SEC-
RETARY.—The Secretary of the Interior is authorized to 
accept on behalf of the United States, after consulting 
with the Attorney General of the United States, all or any 
portion of the jurisdiction of the Commonwealth of Vir-
ginia described in subsection (a) upon verification by the 
Secretary of a certification by a tribe that it possesses the 
capacity to reassume such jurisdiction. 
TITLE VI—NANSEMOND INDIAN 
TRIBE 
SEC. 601. FINDINGS. 
Congress finds that— 
(1) from 1607 until 1646, Nansemond Indi-
ans— 
(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 fam-
ily, a Norfolk County Englishman married a Nanse-
mond 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 ap-
peared in Virginia Colony’s census of Indian bow-
men; 
(6) in 1677, Nansemond Indians were signato-
ries to the Treaty of 1677 with the King of Eng-
land; 
(7) in 1700 and 1704, the Nansemonds and 
other Virginia Indian tribes were prevented by Vir-
ginia 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 In-
dian 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 privi-
leges 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 certifi-
cate of Nansemond descent to William Bass; 
(12) from the 1740s to the 1790s, the tradi-
tionalist 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 Com-
monwealth of Virginia; 
(14) in 1797, Norfolk County issued a certifi-
cate 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 res-
ervation; 
(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 advan-
tage of the new law; 
(17) a Methodist mission established around 
1850 for Nansemonds is currently a standard Meth-
odist 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 an-
thropologist Frank Speck published a book on mod-
ern 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 mem-
ber’’ means— 
(A) an individual who is an enrolled mem-
ber 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 ex-
tended to the Tribe. 
(2) APPLICABILITY OF LAWS.—All laws (includ-
ing regulations) of the United States of general ap-
plicability 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 incon-
sistent 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 en-
actment 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 de-
livery 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, Suf-
folk, 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 gov-
erning 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 ac-
quired 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 Sec-
retary shall make a final written determination not later 
than three 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 para-
graph shall, upon request of the Tribe, be considered part 
of the reservation of the Tribe. 
(d) GAMING.—The Tribe may not conduct gaming ac-
tivities 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. 
SEC. 608. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 
(a) IN GENERAL.—The Commonwealth of Virginia 
shall exercise jurisdiction over— 
(1) all criminal offenses that are committed on; 
and 
(2) all civil actions that arise on, 
lands located within the Commonwealth of Virginia that 
are owned by, or held in trust by the United States for, 
the Tribe. 
(b) ACCEPTANCE OF STATE JURISDICTION BY SEC-
RETARY.—The Secretary of the Interior is authorized to 
accept on behalf of the United States, after consulting
with the Attorney General of the United States, all or any 
portion of the jurisdiction of the Commonwealth of Vir-
ginia described in subsection (a) upon verification by the 
Secretary of a certification by a tribe that it possesses the 
capacity to reassume such jurisdiction. 
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. 
Passed the House of Representatives June 3, 2009. 
Attest: 
Clerk.
111TH CONGRESS 
1ST SESSION 
H. R. 1385 
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 In-
dian Nation, and the Nansemond Indian Tribe.