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 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 gov-
erning 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— 
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(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 ac-
quired by the Tribe on or before January 1, 2007, 
if such lands are located within the boundaries of 
King and Queen County, Stafford County, Spotsyl-
vania 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 Coun-
ty, King George County, Essex County, Caroline 
County, New Kent County, King William County, 
and James City 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 
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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. 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’’; 
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(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 identi-
fied in the United States census; 
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(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; 
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