Indian Tribes of Virginia Federal Recognition Act of 2009

Bill: 111-s-1178
Sponsor: Sen. Webb, Jim [D-VA]
Introduced: 2009-06-03 in the Senate
Policy area: Native Americans
Subjects: Federal-Indian relations
Gambling
Indian lands and resources rights
Indian social and development programs
Jurisdiction and venue
Land transfers
State and local government operations
Virginia

Summary:
action_date: 2009-06-03
text: 
Indian Tribes of Virginia Federal Recognition Act of 2009 - Extends federal recognition to the following Indian tribes (the tribes) in Virginia and establishes their relationship with the federal government as described below: (1) the Chickahominy Tribe; (2) the Chickahominy Indian Tribe--Eastern Division; (3) the Upper Mattaponi Tribe; (4) the Rappahannock Tribe, Inc.; (5) the Monacan Indian Nation; and (6) the Nansemond Indian Tribe. 
 
Makes the tribes and their members eligible for all services and benefits provided by the federal government to federally recognized Indian tribes. Establishes the service area of each tribe and requirements for each tribe regarding its membership roll, governing documents, and governing body. 
 
Requires the Secretary of the Interior, on request of any of the tribes, to take specified lands into trust for the benefit of that tribe, to be considered part of that tribe's reservation. Prohibits the tribes from conducting gaming activities.
 
Prohibits this Act from affecting the hunting, fishing, trapping, gathering, and water rights of the tribes and their members. 
 
Requires Virginia to exercise jurisdiction over criminal offenses and civil actions on lands in Virginia that are owned by or held in trust for the Tribe. Authorizes the Secretary to accept all or any portion of Virginia's jurisdiction over such offenses and actions on verification by the Secretary of a tribe's certification that the tribe possesses the capacity to reassume such jurisdiction.

action_date: 2009-12-23
text: 
Indian Tribes of Virginia Federal Recognition Act of 2009 - 
Title I: Chickahominy Indian Tribe
 - (Sec. 103) Extends federal recognition to the Chickahominy Tribe. 
 
Makes: (1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and (2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any tribal member on or near any Indian reservation.
 
Considers the federal service area of the Tribe to be the area comprised of New Kent, James City, Charles City, and Henrico Counties, Virginia.
 
 
(Sec. 104) States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary of the Interior before the date of enactment of this Act.
 
(Sec. 105) States that 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 duly elected governing body. 
 
(Sec. 106) Provides, upon tribal request, that the Secretary: (1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007; and (2) may take into trust lands held by the Tribe in fee that are located within New Kent, Charles City, James City, or Henrico Counties. Directs the Secretary to make a final determination of any such request within three years. 
 
Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation.
 
Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law.
 
(Sec. 107) States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
 
(Sec. 108) States that: (1) Virginia shall have criminal and civil jurisdiction over actions arising on lands owned by, or held in trust by the United States for, the Tribe; (2) the Secretary may accept on behalf of the United States all or any portion of Virginia's jurisdiction upon the Secretary's verification that the Tribe possesses the capacity to reassume such jurisdiction; and (3) nothing in this section affects the application of the Indian Child Welfare Act of 1978 regarding agreements between states and Indian tribes.
 
T
itle II: Chickahominy Indian Tribe--Eastern Division
 - (Sec. 203) Extends federal recognition to the Chickahominy Indian Tribe--Eastern Division. 
 
Makes: (1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and (2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any tribal member on or near any Indian reservation.
 
Considers the federal service area of the Tribe to be the area comprised of New Kent, James City, Charles City, and Henrico Counties, Virginia.
 
 
(Sec. 204) States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary of the Interior before the date of enactment of this Act.
 
(Sec. 205) States that 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 duly elected governing body. 
 
(Sec. 206) Provides, upon tribal request, that the Secretary: (1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007; and (2) may take into trust lands held by the Tribe in fee that are located within New Kent, Charles City, James City, or Henrico Counties. Directs the Secretary to make a final determination of any such request within three years.
 
Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation.
 
Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law.
 
(Sec. 207) States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
 
(Sec. 208) States that: (1) Virginia shall have criminal and civil jurisdiction over actions arising on lands owned by, or held in trust by the United States for, the Tribe; (2) the Secretary may accept on behalf of the United States all or any portion of Virginia's jurisdiction upon the Secretary's verification that the Tribe possesses the capacity to reassume such jurisdiction; and (3) nothing in this section affects the application of the Indian Child Welfare Act of 1978 regarding agreements between states and Indian tribes.
 

Title III: Upper Mattaponi Tribe
 - (Sec. 303) Extends federal recognition to the Upper Mattaponi Tribe.
 
 Makes: (1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and (2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any tribal member on or near any Indian reservation.
 
Considers the federal service area of the Tribe to be the area within 25 miles of the Sharon Indian School at 13383 King William Road, King William County, Virginia.
 
(Sec. 304) States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary of the Interior before the date of enactment of this Act.
 
(Sec. 305) States that 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 duly elected governing body. 
 
(Sec. 306) Provides, upon tribal request, that the Secretary: (1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007; and (2) may take into trust lands held by the Tribe in fee that are located within the boundaries of King William, Caroline, Hanover, King and Queen, and New Kent Counties, Virginia. Directs the Secretary to make a final determination of any such request within three years. 
 
 
 Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation.
 
Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law.
 
(Sec. 307) States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
 
(Sec. 308) States that: (1) Virginia shall have criminal and civil jurisdiction over actions arising on lands owned by, or held in trust by the United States for, the Tribe; (2) the Secretary may accept on behalf of the United States all or any portion of Virginia's jurisdiction upon the Secretary's verification that the Tribe possesses the capacity to reassume such jurisdiction; and (3) nothing in this section affects the application of the Indian Child Welfare Act of 1978 regarding agreements between states and Indian tribes.
 

Title IV: Rappahannock Tribe, Inc.
 - (Sec. 403) Extends federal recognition to the organization possessing the legal name Rappahannock Tribe, Inc. (Excludes from the Tribe any other Indian tribe, subtribe, band, or splinter group the members of which represent themselves as Rappahannock Indians.)
 
Makes: (1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and (2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any tribal member on or near any Indian reservation.
 
Considers the federal service area of the Tribe to be the area comprised of King and Queen, Caroline, Essex, and King William Counties, Virginia.
 
(Sec. 404) States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary of the Interior before the date of enactment of this Act.
 
(Sec. 405) States that 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 duly elected governing body. 
 
(Sec. 406) Provides, upon tribal request, that the Secretary: (1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007; and (2) may take into trust lands held by the Tribe in fee that are located within the boundaries of King and Queen, Spotsylvania, Richmond, Lancaster, King George, Essex, Caroline, New Kent, King William, James City, and Surry Counties, Virginia. Directs the Secretary to make a final determination of any such request within three years. 
 
 
 Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation.
 
Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law.
 
(Sec. 407) States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
 
(Sec. 408) States that: (1) Virginia shall have criminal and civil jurisdiction over actions arising on lands owned by, or held in trust by the United States for, the Tribe; (2) the Secretary may accept on behalf of the United States all or any portion of Virginia's jurisdiction upon the Secretary's verification that the Tribe possesses the capacity to reassume such jurisdiction; and (3) nothing in this section affects the application of the Indian Child Welfare Act of 1978 regarding agreements between states and Indian tribes.
 

Title V: Monacan Indian Nation
 - (Sec. 503) Extends federal recognition to the Monacan Indian Nation.
 
Makes: (1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and (2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any tribal member on or near any Indian reservation.
 
Considers the federal service area of the Tribe to be the area within 25 miles from the center of Amherst, Virginia.
 
(Sec. 504) States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary of the Interior before the date of enactment of this Act.
 
(Sec. 505) States that 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 duly elected governing body. 
 
(Sec. 506) Provides, upon tribal request, that the Secretary: (1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007; and (2) may take into trust lands held by the Tribe in fee that are located within the boundaries of Albemarle, Alleghany, Amherst, Augusta, Campbell, Nelson, and Rockbridge Counties, Virginia. Directs the Secretary to make a final determination of any such request within three years. 
 
 
 Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation.
 
Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law.
 
(Sec. 507) States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
 
(Sec. 508) States that: (1) Virginia shall have criminal and civil jurisdiction over actions arising on lands owned by, or held in trust by the United States for, the Tribe; (2) the Secretary may accept on behalf of the United States all or any portion of Virginia's jurisdiction upon the Secretary's verification that the Tribe possesses the capacity to reassume such jurisdiction; and (3) nothing in this section affects the application of the Indian Child Welfare Act of 1978 regarding agreements between states and Indian tribes.
 

Title VI: Nansemond Indian Tribe
 - (Sec. 603) Extends federal recognition to the Nansemond Tribe.
 
Makes: (1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and (2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any tribal member on or near any Indian reservation.
 
Considers the federal service area of the Tribe to be the area comprised of the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach, Virginia.
 
 
(Sec. 604) States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary of the Interior before the date of enactment of this Act.
 
(Sec. 605) States that 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 duly elected governing body. 
 
(Sec. 606) Provides, upon tribal request, that the Secretary: (1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007; and (2) may take into trust lands held by the Tribe in fee that are located within the boundaries of the Cities of Suffolk or Chesapeake, or Isle of Wight County, Virginia. Directs the Secretary to make a final determination of any such request within three years. 
 
Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation.
 
Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law.
 
(Sec. 607) States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
 
(Sec. 608) States that: (1) Virginia shall have criminal and civil jurisdiction over actions arising on lands owned by, or held in trust by the United States for, the Tribe; (2) the Secretary may accept on behalf of the United States all or any portion of Virginia's jurisdiction upon the Secretary's verification that the Tribe possesses the capacity to reassume such jurisdiction; and (3) nothing in this section affects the application of the Indian Child Welfare Act of 1978 regarding agreements between states and Indian tribes.


Legislative actions:
action_date: 2009-12-23
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 251.
action_date: 2009-12-23
text: Committee on Indian Affairs. Reported by Senator Dorgan with amendments. With written report No. 111-113.
action_date: 2009-12-23
text: Committee on Indian Affairs. Reported by Senator Dorgan with amendments. With written report No. 111-113.
action_date: 2009-10-22
text: Committee on Indian Affairs. Ordered to be reported with amendments favorably.
action_date: 2009-06-03
text: Read twice and referred to the Committee on Indian Affairs.
action_date: 2009-06-03
text: Introduced in Senate