[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5073 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5073

     To extend Federal recognition to the Chickahominy Tribe, the 
 Chickahominy Indian Tribe--Eastern Division, the Mattaponi Tribe, the 
  Upper Mattaponi Tribe, the Pamunkey Tribe, the Rappahannock Tribe, 
           Inc., the Monacan Tribe, and the Nansemond Tribe.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2000

Mr. Moran of Virginia introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
     To extend Federal recognition to the Chickahominy Tribe, the 
 Chickahominy Indian Tribe--Eastern Division, the Mattaponi Tribe, the 
  Upper Mattaponi Tribe, the Pamunkey Tribe, the Rappahannock Tribe, 
           Inc., the Monacan Tribe, and the Nansemond Tribe.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Thomasina E. Jordan Indian Tribes of 
Virginia Federal Recognition Act of 2000''.

                   TITLE I--CHICKAHOMINY INDIAN TRIBE

SEC. 101. FINDINGS.

    Congress makes the following findings:
            (1) In 1607, when the English settlers set shore along the 
        Virginia coastline, the Chickahominy Indian Tribe was 1 of 
        about 30 tribes who received them.
            (2) In 1614, the Chickahominy Indian Tribe entered into a 
        treaty with Sir Thomas Dale, Governor of the Jamestown Colony, 
        agreeing to provide 2 bushels of corn per man and send warriors 
        to protect the English. Sir Thomas Dale agreed in return to 
        allow the tribe to continue to practice their 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 pushed off their 
        reservation, which caused the loss of a land base.
            (6) In 1723, the College of William and Mary in 
        Williamsburg established a grammar school for Indians called 
        Brafferton College. A Chickahominy child was one of the first 
        Indians to attend.
            (7) In 1750, the Chickahominy Indian Tribe started to 
        migrate from King William County back to the area around the 
        Chickahominy River in New Kent and Charles City Counties.
            (8) In 1793, a Baptist missionary named Bradby took refuge 
        with the Chickahominy and took a Chickahominy woman as his 
        wife.
            (9) In 1831, the names of the ancestors of the modern-day 
        Chickahominy Indian Tribe began to appear in the Charles City 
        County census records.
            (10) In 1901, the Chickahominy Indian Tribe formed Samaria 
        Baptist Church.
            (11) From 1901 to 1935, Chickahominy men were assessed a 
        tribal tax so that their children could receive an education. 
        The Tribe used the proceeds from this tax to build the first 
        Samaria Indian School, buy supplies, and pay a teacher's 
        salary.
            (12) 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.
            (13) During 1920-1930, various Governors of the 
        Commonwealth of Virginia wrote letters of introduction for 
        Chickahominy Chiefs who had official business with Government 
        agencies in Washington, D.C.
            (14) In 1934, Chickahominy Chief O.W. 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.
            (15) In 1934, John Collier, Commissioner of Indian Affairs, 
        wrote to Chickahominy Chief O.W. Adkins, informing him that 
        Congress had passed the Indian Reorganization Act of 1934, but 
        had not made the appropriation to fund the bill.
            (16) In 1942, Chickahominy Chief O.W. Adkins wrote to John 
        Collier, Commissioner of Indian Affairs, asking for help in 
        getting the proper racial designation on Selective Service 
        records for the Chickahominy soldiers.
            (17) In 1943, John Collier, Commissioner of Indian Affairs, 
        asked Douglas S. Freeman, editor of the Richmond (Virginia) 
        News-Leader newspaper, to help Virginia Indians obtain proper 
        racial designation on birth records. Collier states that his 
        office cannot officially intervene because it has no 
        responsibility for the Virginia Indians, ``as a matter largely 
        of historical accident'', but is ``interested in them as 
        descendants of the original inhabitants of the region''.
            (18) In 1948, the Veterans' Education Committee of the 
        Virginia State Board of Education approved Samaria Indian 
        School to provide training to veterans. This school was the one 
        established and run by the Chickahominy Indian Tribe.
            (19) In 1950, the Chickahominy Indian Tribe purchased land 
        and donated it to the Charles City County School Board, to be 
        used to build a modern school for students of the Chickahominy 
        and other Virginia tribes. The Samaria Indian School included 
        grades 1 through 8.
            (20) In 1961, Senator Sam Ervin, Chairman of the 
        Subcommittee on Constitutional Rights, Senate Committee on the 
        Judiciary, requested Chickahominy Chief O.W. Adkins to provide 
        assistance in analyzing the status of the constitutional rights 
        of Indians ``in your area''.
            (21) In 1967, the Charles City County school board closed 
        Samaria Indian School and converted it to a countywide primary 
        school as a step toward full school integration.
            (22) In 1972, the Charles City County school board began 
        receiving funds under title IV of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450 et seq.) on behalf 
        of Chickahominy students. This continues today under title V of 
        that Act.
            (23) In 1974, the Chickahominy Indian Tribe bought land and 
        built a tribal center using monthly pledges from tribal members 
        to finance the transactions.
            (24) In 1983, the Chickahominy Indian Tribe was granted 
        recognition as an Indian tribe by the Commonwealth of Virginia, 
        along with 5 other tribes.
            (25) In 1985, Virginia Governor Gerald Baliles was the 
        special guest at an intertribal Thanksgiving Day dinner hosted 
        by the Chickahominy Indian Tribe.

SEC. 102. DEFINITIONS.

    For the purposes of this title--
            (1) the term ``Tribe'' means the Chickahominy Indian 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 enactment of this Act, or an 
        individual who has been placed on the membership rolls of the 
        Tribe in accordance with this Act.

SEC. 103. 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 nations, tribes, or bands of Indians, 
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are 
not inconsistent 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 enactment of this Act, 
        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 or the location 
        of the residence of any member on or near any Indian 
        reservation.
            (2) Service area.--For purposes of the delivery of Federal 
        services to enrolled members of the Tribe, the Tribe's service 
        area shall be deemed to be the area comprised of Charles City 
        County, Virginia.

SEC. 104. MEMBERSHIP.

    Not later than 18 months after the date of the enactment 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 
governing 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. 105. 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 interim 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 bylaws.
            (2) Interim government.--Until such time as the Tribe 
        elects new officials pursuant to paragraph (1), the governing 
        body of the Tribe shall be the governing body in place on the 
        date of the enactment of this Act, or any new governing body 
        selected under the election procedures specified in the interim 
        governing documents of the Tribe.

SEC. 106. RESERVATION OF THE TRIBE.

    Notwithstanding any other provision of law, if, not later than 25 
years after the date of the enactment of this Act, the Tribe transfers 
land within the boundaries of the Virginia counties of Charles City, 
James City, or Henrico, to the Secretary, the Secretary shall take such 
land into trust for the benefit of the Tribe.

SEC. 107. 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 II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION

SEC. 201. FINDINGS.

    Congress makes the following findings:
            (1) In 1607, when the English settlers set shore along the 
        Virginia coastline, the Chickahominy were one of about 30 
        tribes who received them.
            (2) In 1614, the Chickahominy Indian Tribe signed a treaty 
        with Sir Thomas Dale, Governor of the Jamestown Colony, 
        agreeing to provide 2 bushels of corn per man and send warriors 
        to protect the English. Sir Thomas Dale agreed in return to 
        allow the Tribe to continue to practice their 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 pushed off their 
        reservation, which caused the loss of a land base.
            (6) In 1723, the College of William and Mary in 
        Williamsburg established a grammar school for Indians called 
        Brafferton College. A Chickahominy child was one of the first 
        Indians to attend.
            (7) In 1750, the Chickahominy Indian Tribe started to 
        migrate from King William County back to the area around the 
        Chickahominy River in New Kent and Charles City Counties.
            (8) In 1793, A Baptist missionary named Bradby took refuge 
        with the Chickahominy and took a Chickahominy woman as his 
        wife.
            (9) In 1831, the names of the ancestors of the modern-day 
        Chickahominy Indian Tribe began to appear in the Charles City 
        County census records.
            (10) In 1870, a census showed an enclave of Indians in New 
        Kent County which is believed to be the beginning of the 
        Chickahominy Indian Tribe-Eastern Division. Records were 
        destroyed when the New Kent County courthouse was burned. A 
        State census was the only record at this time.
            (11) In 1901, the Chickahominy's formed Samaria Baptist 
        Church. During the first few decades of the 20th century, 
        Chickahominy men were assessed a tribal tax so that their 
        children could receive an education. The Tribe used the 
        proceeds from this tax to build the first Samaria Indian 
        School, buy supplies, and pay a teacher's salary.
            (12) In 1910, a school was stared in New Kent County for 
        the Chickahominy Indian Tribe-Eastern Division. Grades 1 
        through 8 were taught in this 1-room school.
            (13) In 1920-1921, the Chickahominy Indian Tribe-Eastern 
        Division began forming their own tribal government. E.P. Bradby 
        was the founder of the Tribe and was elected to be Chief.
            (14) In 1922, Tsena Commocko Baptist Church was organized.
            (15) In 1925, a certificate of incorporation was issued to 
        the Chickahominy Indian Tribe-Eastern Division.
            (16) In 1950, the Indian school was closed and students 
        were bused to Samaria Indian School in Charles City County.
            (17) In 1967, both Chickahominy tribes lost their school to 
        integration.
            (18) In 1982-1984, Tsena Commocko Baptist built a new 
        sanctuary to accommodate church growth.
            (19) In 1983, the Chickahominy Indian Tribe-Eastern 
        Division was granted State recognition along with 5 other 
        Virginia Indian tribes.
            (20) In 1985, the Virginia Council on Indians was organized 
        as a State agency and the Chickahominy Indian Tribe-Eastern 
        Division was appointed to a seat on the Council.
            (21) In 1988, the United Indians of Virginia were organized 
        as the Virginia Council on the Indians, a [none] State agency, 
        the Chickahominy Indian Tribe-Eastern Division was granted a 
        seat on the organization. Chief Marvin ``Strongoak'' Bradby is 
        presently serving as the chairperson.

SEC. 202. DEFINITIONS.

    For the purposes of this title--
            (1) the term ``Tribe'' means the Chickahominy Indian 
        Tribe--Eastern Division;
            (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 enactment of this Act, or an 
        individual who has been placed on the membership rolls of the 
        Tribe in accordance with this Act.

SEC. 203. 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 nations, tribes, or bands of Indians, 
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are 
not inconsistent 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 enactment of this Act, 
        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 or the location 
        of the residence of any member on or near any Indian 
        reservation.
            (2) Service area.--For purposes of the delivery of Federal 
        services to enrolled members of the Tribe, the Tribe's service 
        area shall be deemed to be the area comprised of New Kent 
        County, Virginia.

SEC. 204. MEMBERSHIP.

    Not later than 18 months after the date of the enactment 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 
governing 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. 205. 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 interim 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 bylaws.
            (2) Interim government.--Until such time as the Tribe 
        elects new officials pursuant to paragraph (1), the governing 
        body of the Tribe shall be the governing body in place on the 
        date of the enactment of this Act, or any new governing body 
        selected under the election procedures specified in the interim 
        governing documents of the Tribe.

SEC. 206. RESERVATION OF THE TRIBE.

    Notwithstanding any other provision of law, if, not later than 25 
years after the date of the enactment of this Act, the Tribe transfers 
any land within the boundaries of New Kent County, James City County, 
or Henrico County, Virginia, to the Secretary, the Secretary shall take 
such land into trust for the benefit of the Tribe.

SEC. 207. 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 III--MATTAPONI TRIBE

 SEC. 301. FINDINGS.

    Congress makes the following findings:
            (1) The Mattaponi Indian Tribe and the Mattaponi Indian 
        people have been identified from historical times until the 
        present on a substantially continuous basis as ``American 
        Indians'' by anthropologists, historians, and other scholars.
            (2) In 1607, the Mattaponi Indians were identified by name 
        by the English explorers John Smith, who noted that they were 
        living along the Mattaponi River, and William Strachey, who 
        placed the number of their warriors at 140. The Mattaponi Tribe 
        was 1 of the 6 tribes under the leadership of Chief Powhatan in 
        the late 16th century.
            (3) During the war of 1644-1646, the Mattaponi fled their 
        homeland along the Mattaponi River and took refuge in the 
        highlands along Piscataway Creek. With the cessation of 
        hostilities, the tribe gradually returned to its homeland. In 
        1656-1657, the King and greatmen of the Mattaponi Tribe signed 
        peace treaties with the Court of Rappahannock County and the 
        justices of Old Rappahannock County in which the tribal members 
        were to be treated as Englishmen as far as court and civil 
        rights were concerned.
            (4) During Bacon's Rebellion, the Mattaponi and Pamunkey 
        were subjected to attacks by forces under Nathaniel Bacon. At 
        the end of that conflict, the Virginia colony signed the Treaty 
        of Middle Plantation on May 29, 1677. The treaty was signed on 
        behalf of the Mattaponi Tribe by Cockacoeske, who was 
        Weroansqua (or ``Chief'') of the Powhatan Chiefdom. Cockacoeske 
        had become the head of the Powhatan Chiefdom upon the death of 
        her husband Totopotamoy, in 1656. The Treaty of Middle 
        Plantation required, among other provisions, that the Powhatan 
        Chiefdom provide an annual tribute to the Governor of Virginia. 
        The Mattaponi and Pamunkey Tribes continue to provide that 
        tribute.
            (5) In 1685, the Mattaponi, along with the Pamunkey and 
        Chickahominy Tribes, attended a treaty conference at Albany.
            (6) The Mattaponi continued to occupy their reservation 
        throughout the 17th and 18th centuries, as acknowledged by 
        encroachments on tribal land during that time period, the 
        presence of a Baptist missionary who worked with the Tribe 
        beginning in the second quarter of the eighteenth century, and 
        by the comments of then Governor Thomas Jefferson in 1781. 
        Throughout their history, the Mattaponi had their own tribal 
        government separate from the Powhatan leadership, although the 
        tribe remained a part of that Chiefdomship.
            (7) The same patterns of occupation and internal political 
        control continued throughout the nineteenth century, with the 
        Mattaponi repeatedly defending themselves and their land 
        against efforts by local officials and individuals to dispose 
        of their property and deny their existence as a tribe. In 1812, 
        an effort was made to take an acre of land from the Mattaponi 
        Tribe for a dam, but it was defeated, and in 1843, the so-
        called ``Gregory Petition'' alleged that the Pamunkey and 
        Mattaponi were no longer Indians. This effort to remove the 
        Mattaponi and Pamunkey from their lands was also defeated. At 
        about the same time, the historian Henry Howe reported that 
        there were 2 Indian groups living in King William County, the 
        Pamunkey and the Mattaponi. In 1865, the Pamunkey Baptist 
        Church was formed, which many Mattaponi attended over the 
        years.
            (8) Throughout the 19th century, the Mattaponi Tribe had 
        its own tribal leadership. In 1868, the Mattaponi Tribe 
        submitted a list of its Chiefs, headmen and members to the 
        Governor. The list identified the Chief as Ellston Major, 
        headmen as Austin Key and Robert Toopence, and tribal members 
        as Nancy Franklin, Claiborne Key, Austin Key, Jno Anderson Key, 
        Henry Major, Ellston Major, Ellwood Major, Lee Franklin Major, 
        Coley Major, Mary Major, Parkey Major, John Major, Park Farley 
        Toopence, Elizabeth Toopence, Robert Toopence, Emeline 
        Toopence, Laura Toopence, Mary Catherine Toopence, James C. 
        Toopence, and Lucy J. Toopence. The list was signed by Hardin 
        Littlepage and William J. Trimmer, Trustees for the tribe. 
        Present-day tribal members trace back to the individuals on 
        that list. In the same year, L.D. Robinson, another trustee for 
        the Tribe, reported on a road dispute involving access to the 
        reservation. In an effort to resolve the dispute, the Tribe 
        petitioned Governor Wells to prevent the blocking of the road.
            (9) As the last two tribes to function as part of the 
        Powhatan Chiefdom, the Pamunkey and Mattaponi Tribes were 
        treated by the Commonwealth of Virginia as a single 
        administrative entity until 1894, when the Mattaponi formally 
        separated from the Pamunkey-led Powhatan Chiefdom. The 
        Commonwealth's general assembly responded in 1894 by appointing 
        five trustees to the Mattaponi Tribe. The Mattaponi, like the 
        Pamunkey Tribe, were declared exempt from certain local and 
        county taxes. For its part, the Mattaponi Tribe adopted bylaws 
        for its governance and established a school on its reservation.
            (10) During the 20th century, the Mattaponi Tribe and its 
        reservation have been repeatedly acknowledged by the 
        Commonwealth's Governors and Attorneys General. The Mattaponi 
        Tribe has been repeatedly identified in scholarly publications 
        and newspaper articles.
            (11) The Mattaponi Tribal Council continues to exercise its 
        autonomous control over the affairs of the reservation. It 
        assigns land for its members' use, settles internal disputes, 
        maintains tribal property, and protects the interests of the 
        Mattaponi Tribe in its relationships with local, State, and 
        Federal Governments. It continues to maintain its obligations 
        under the Treaty of Middle Plantation of 1677 by giving to the 
        Governor of the Commonwealth of Virginia the annual tribute.

SEC. 302. DEFINITIONS.

    For the purposes of this title--
            (1) the term ``Tribe'' means the Mattaponi 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 enactment of this Act, or an 
        individual who has been placed on the membership rolls of the 
        Tribe in accordance with this Act.

SEC. 303. 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 nations, tribes, or bands of Indians, 
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are 
not inconsistent 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 enactment of this Act, 
        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 or the location 
        of the residence of any member on or near any Indian 
        reservation.
            (2) Service area.--For purposes of the delivery of Federal 
        services to enrolled members of the Tribe, the Tribe's service 
        area shall be deemed to be the area comprised of the Counties 
        of King William, King and Queen, Hanover, Henrico, and 
        Chesterfield, and the cities of Richmond and Virginia Beach in 
        Virginia.

SEC. 304. MEMBERSHIP.

    Not later than 18 months after the date of the enactment 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 
governing 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. 305. 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 interim 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 bylaws.
            (2) Interim government.--Until such time as the Tribe 
        elects new officials pursuant to paragraph (1), the governing 
        body of the Tribe shall be the governing body in place on the 
        date of the enactment of this Act, or any new governing body 
        selected under the election procedures specified in the interim 
        governing documents of the Tribe.

SEC. 306. RESERVATION OF THE TRIBE.

    (a) Land Held in Trust by State.--Notwithstanding any other 
provision of law, if the Commonwealth of Virginia transfers to the 
Secretary any land which is held in trust by that State for the benefit 
of the Tribe on the date of the enactment of this Act, the Secretary 
shall take such land into trust for the benefit of the Tribe.
    (b) Other Land.--Notwithstanding any other provision of law, if the 
Tribe transfers any land within the boundaries of King William County, 
Virginia, to the Secretary, the Secretary shall take such land into 
trust for the benefit of the Tribe.

SEC. 307. 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 IV--UPPER MATTAPONI TRIBE

SEC. 401. FINDINGS.

    Congress makes the following findings:
            (1) From 1607 until 1646, the Chickahominies lived about 20 
        miles from Jamestown; were major players in English-Indian 
        affairs in those years. Mattaponis, who joined them later, 
        lived farther away. In 1646, the Chickahominies moved to 
        Mattaponi River basin, away from the English.
            (2) In 1661, the Chickahominies sold land at ``the cliffs'' 
        on the Mattaponi River.
            (3) In 1669, the Chickahominies appeared in the Virginia 
        Colony's census of Indian bowmen; lived then in ``New Kent'' 
        County, which included the Mattaponi River basin at that time.
            (4) In 1677, the Chickahominies and Mattaponis were 
        subjects of the Queen of Pamunkey, who was a signatory to the 
        Treaty of 1677 with the King of England.
            (5) In 1683, the Mattaponi town was attacked by Senecas; 
        the Mattaponis took refuge with the Chickahominies, and the 
        history of the 2 groups was intertwined for many years 
        thereafter.
            (6) In 1695, the Chickahominies/Mattaponis were assigned a 
        reservation by the Virginia Colony and traded it for land at 
        ``the cliffs'' they had owned before 1661 (now the Mattaponi 
        Indian Reservation).
            (7) In 1711, the Chickahominies had a boy at the Indian 
        School at the College of William and Mary.
            (8) In 1726, the Virginia Colony discontinued funding of 
        interpreters for the tribes. James Adams, who served as an 
        interpreter to the tribes know today as the Upper Mattaponi and 
        Chickahominy, elected to stay with the Upper Mattaponi. Today, 
        a majority of the Upper Mattoponi have ``Adams'' as their 
        surname.
            (9) In 1787, Thomas Jefferson, in Notes on the Commonwealth 
        of Virginia, mentioned Mattaponis on reservation in King 
        William County and said Chickahominies were ``blended'' with 
        them and nearby Pamunkeys.
            (10) In 1850, the United States census showed a nucleus of 
        about 10 families, all ancestral to modern Upper Mattaponis, 
        living in central King William County about 10 miles from the 
        reservation.
            (11) From 1853 until 1884, King William County marriage 
        records listed Upper Mattaponis as ``Indian'' when marrying 
        reservation people.
            (12) From 1884 until the present, county marriage records 
        usually call Upper Mattaponis ``Indians''.
            (13) In 1901, Smithsonian anthropologist James Mooney heard 
        about the Upper Mattaponis but did not visit them.
            (14) In 1928, University of Pennsylvania anthropologist 
        Frank Speck published a book on modern Virginia Indians with a 
        section on the Upper Mattaponis.
            (15) From 1929 to 1930, the Tribe's leadership fought 
        against a ``colored'' designation in the 1930 United States 
        Census, and won a compromise in which their Indian ancestry was 
        recorded but questioned.
            (16) From 1942 until 1945, the Tribe's leadership, with the 
        help of Frank Speck and others, fought against the Tribe's 
        young men being inducted into ``colored'' units in the Armed 
        Forces. A tribal roll was compiled.
            (17) From 1945 to 1946, negotiations to get some of the 
        Tribe's young people admitted to high schools for Federal 
        Indians (especially at Cherokee); no high school coursework was 
        available for Indians in Virginia schools.
            (18) In 1983, the Upper Mattaponi Tribe applied for and won 
        State recognition.

SEC. 402. DEFINITIONS.

    For the purposes of this title--
            (1) the term ``Tribe'' means the Upper Mattaponi 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 enactment of this Act, or an 
        individual who has been placed on the membership rolls of the 
        Tribe in accordance with this Act.

SEC. 403. 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 nations, tribes, or bands of Indians, 
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are 
not inconsistent 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 enactment of this Act, 
        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 or the location 
        of the residence of any member on or near any Indian 
        reservation.
            (2) Service area.--For purposes of the delivery of Federal 
        services to enrolled members of the Tribe, the Tribe's service 
        area shall be deemed to be the area comprised of King William, 
        Richmond, Henrico, Petersburg, Chesterfield, Newport News, 
        Chesapeake, Hanover, and Hopewell Counties in the Commonwealth 
        of Virginia.

SEC. 404. MEMBERSHIP.

    Not later than 18 months after the date of the enactment 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 
governing 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. 405. 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 interim 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 bylaws.
            (2) Interim government.--Until such time as the Tribe 
        elects new officials pursuant to paragraph (1), the governing 
        body of the Tribe shall be the governing body in place on the 
        date of the enactment of this Act, or any new governing body 
        selected under the election procedures specified in the interim 
        governing documents of the Tribe.

SEC. 406. RESERVATION OF THE TRIBE.

    Notwithstanding any other provision of law, if the Tribe transfers 
any land within the boundaries of King William County to the Secretary, 
the Secretary shall take such land into trust for the benefit of the 
Tribe.

SEC. 407. 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 V--PAMUNKEY TRIBE

SEC. 501. FINDINGS.

    Congress makes the following findings:
            (1) The Pamunkey Indian Tribe and the Pamunkey Indian 
        people have been identified from historical times until the 
        present on a substantially continuous basis as ``American 
        Indians,'' by anthropologists, historians, and other scholars.
            (2) The data show that the Pamunkey Tribe has been 
        continuously identified as an American Indian tribe since 
        earliest contact. The Federal Government has repeatedly 
        recognized the Tribe and its members in Federal censuses, 
        reports, memos and letters, and legislation. The Colony and 
        Commonwealth of Virginia have identified the Tribe since the 
        early 1600's.
            (3) The Tribe maintained a close relationship with the 
        Colony, which provided land for the Tribe and its trustees, and 
        sought to protect the Tribe from settlers. The Commonwealth of 
        Virginia took over the same responsibility and repeatedly 
        recognized the independence of the Pamunkey Tribe, its rights 
        and sovereignty on its land, and sought through legislation to 
        continue the protection of that land base.
            (4) The year 1646 was a major turning point in the 
        political and social history of the Pamunkey Tribe. In that 
        year the Powhatan signed a treaty with the English. The treaty 
        made with the Pamunkey Chief and other Powhatan subjects 
        required the payment of an annual tribute of 20 beaver skins by 
        the Tribe to the English.
            (5) Throughout the struggles of the Powhatan Indians with 
        the English in the 17th century, the Pamunkeys were never 
        dislodged from their aboriginal territories. In 1649, their 
        Chief Tottopottomoy received title to 5,000 acres for the Tribe 
        as a result of the treaty of 1646. Problems with settlers on 
        the Pamunkey lands led the Virginia Assembly to act on their 
        removal in 1653.
            (6) In 1658, the Tribe was again secured in the land it had 
        and ``. . . those English which are lately gone to seat near 
        the Pamunkies, and Chicominyes, on the north side of the 
        Pamunkie river, shall be recalled . . .'' (Laws of the Colonial 
        and State Government 1832). The same law protected the rights 
        of the Tribes to hunt, but limited their range.
            (7) The Pamunkey Tribe suffered grievously during Bacon's 
        Rebellion, although it was in no way involved in the events 
        which gave excuse for the attacks. Early in 1676, Bacon and his 
        supporters threatened the Pamunkeys, causing them to flee their 
        village; their deserted lands were then declared available for 
        settlement. In June of the same year the tribal leader 
        Cockacoeske was called to Richmond and ordered to provide 
        guides for the militia. Rountree describes the meeting with the 
        Governor's council: (Available upon request.)
            (8) On May 29, 1677, the tribes, including Pamunkey, which 
        had not warred against the English, signed the Treaty of Middle 
        Plantation. Signing for the Pamunkey, Cockacoeske and her son, 
        Captain John West. According to the treaty, the signers 
        acknowledged that they were subjects of the King. The Tribe 
        continued possession of its reservation, but was required to 
        pay an annual tribute of 20 beaver skins and 3 arrows. The 
        Pamunkey leader was to act as the responsible authority for 
        all, and the English were prohibited from settling within 3 
        miles of the reservation.
            (9) In 1792, the Pamunkey Tribe took its claims to Pamunkey 
        Neck to the House of Burgesses, where the claims were examined 
        by Robert Beverley. No action was taken on the claim. The land 
        ownership system of Virginia was a confusion of conflicting 
        claims that lead the colony, in 1662, to impose a system of 
        land processioning. This required that every 4 years the 
        property boundaries of every parcel be remarked. The law was 
        modified in 1705 and 1710 to make its enforcement easier. The 
        Pamunkey were well aware of the law and its import.
            (10) In 1715, Queen Ann of the Pamunkeys, in behalf of 
        herself and her nation, protested to Governor Spotswood against 
        the settlers going beyond the bounds of land the Pamunkey had 
        sold. The petition stated that no notice of survey had been 
        given to them. This seemed to them manifestly unjust, ``since 
        when other people possession (sic) their bound (as we are 
        informed is customary once in four years) yor Petitioners never 
        had no notice of the same, or ever was warned to any 
        possessioning.''.
            (11) Rountree sums up the Tribe's problems and efforts as 
        follows: ``Pamunkey land holdings were still considerable in 
        1706, though not all English claims had been cleared as yet. 
        English claimants kept appearing, and in spite of Pamunkey 
        protests about encroachments, many of the claims exhibited in 
        Williamsburg were often found to be good, since they dated from 
        1702-1704, a period in which many legal land transfers were 
made in Pamunkey Neck.''.
            (12) By 1715, when Queen Ann complained of English buyers 
        not notifying the Tribe of surveys to be made, and of surveying 
        more land than they had bought, the Tribe made up its 
        collective mind to sell no more land to anyone; it would only 
        make leases. But problems continued with Englishmen claiming 
        land and clearing too much. In 1718, the matter was finally 
        turned over to the King William County court, whose records are 
        no longer extant. In 1723, 1 last purchase of land, originally 
        made in 1687, was ratified by the Assembly at the Pamunkeys' 
        request. Meanwhile, the Pamunkeys had more trouble with an 
        English neighbor who hindered their hunting; in 1717, the 
        colonial council ordered him to desist. (Rountree 199:163-164).
            (13) In 1748, the Virginia assembly appointed 3 whites to 
        act as tribal trustees to handle a sale of land necessitated by 
        expenses for food, clothing, and medical care. The tribal 
        request was made by 7 men of the Tribe. In 1759, the General 
        Assembly, at the request of the Tribe, put a small tract of 
        land in the control of the trustees, the land to be leased for 
        the benefit of the Tribe.
            (14) In 1792, the General Assembly passed legislation 
        making it illegal for whites to purchase Indian land, setting 
        the penalty as a fine and loss of the land, and defending and 
        securing ``. . . their persons, goods and properties; and 
        whosoever shall defraud or take from their goods, or do hurt or 
        injury to their persons, shall make satisfaction, and be 
        punished for the same according to law, as if the Indian 
        sufferer had been a citizen of this Commonwealth.''.
            (15) Throughout the 18th century and into the 19th century 
        the tribal government of the Pamunkey consisted of an 
        ``informal council''. As early as 1798, this council 
        established rules for the management of the reservation.
            (16) In 1812, the Pamunkey tribal structure had solidified. 
        A petition of that year regarding the leasing of land begins as 
        follows: ``We the undersigned headmen and Chiefs of the 
        Pamunkey Tribe of Indian . . .'' It is signed by the following 
        individuals: Willis Langston, William Cooper, James Langston, 
        Thomas Cooke, Archibal Langston, Louis Gunn, William Gunn, 
        Gideon Langston, John Sampson, William Sampson, John Mursh, 
        Louis Langston, and Henry Sampson (Petition 1812). An article 
        in a local newspaper, dated September 5, 1818, provides further 
        detail on the political structure of the Tribe.
            (17) The government of the Indian town is singular and 
        truly republican. They elect 9 gentlemen of their neighborhood, 
        who act as trustees and attend at the passing of any of their 
        laws. These trustees are not vested with the power of proposing 
        or making laws for the Indian, but only of recording their laws 
        in a book, and objecting to such as seem injurious to the 
        Commonwealth of Virginia. Every Indian, male or female, of the 
        age of 18, has a vote in the election of trustees, and in 
        passing of laws. Like their ancestors, they are governed by a 
        Chief. The name of the present Chief is Willis Langston, a man 
        of a respectable and decent character, and a member of the 
        Baptist Church. (Virginia Herald 1818.)
            (18) The laws of the Pamunkey Indian Town written here is 
        September 25, 1887. The following laws made and approved by the 
        Chief and council men, February 18, 1886, for the ruling of the 
        Pamunkey Tribe of Indian. (Available upon request.)
            (19) The Indian school on the Pamunkey Reservation was 
        taught during the session of 1909-1910 by Miss Agnes Lumsden 
        and during 1910-1911 by Mrs. Lucie B. Dudley. A good 1-room 
        schoolhouse was erected on the reservation during the fall of 
        1909, the Indians themselves furnishing the rough lumber and 
        much of the labor. The house is neatly painted, is provided 
        with the latest approved system of heat and ventilation, and 
        has slate blackboards and good furniture. Two acres of ground 
        were secured and the sanitary conveniences were carefully 
        provided for. This school, as well as the schools at the 2 
        State reformatories are under immediate control and management 
        of the State Board of Education and are supervised by the 
        secretary of the Board. (Virginia School Report 1913:30.)
            (20) The Attorney General was asked whether or not the 
        Pamunkey and Mattaponi were exempt from all taxes. He replied: 
        ``I acknowledge reference to this office of your letter of June 
        23, 1917, to Mr. H.W. Neale, Commissioner of Revenue of King 
        William County, in which you express opinion that the Tribes of 
        Pamunkey and Mattaponi Indians, were exempt from all taxes, 
        State, local, and otherwise, and requesting me to advise you as 
        to the correctness of your opinion. I am of the opinion that 
        you have correctly construed the law as to these Tribes of 
        Indians, for so long as they follow up their pursuits upon the 
        reservation, they are governed by their own Tribal laws and are 
        subject to taxes by the laws of the Commonwealth of Virginia. 
        As far back as 1658 these Indians' lands were confirmed to them 
        by the Governor, the Council, and the Grand Assemblie of 
        Virginia. (See Indian Colonial and State laws, being E-93, U-58 
        in the State library.) Upon examination, I find that the 
        legislature of Virginia has frequently appointed trustees to 
        lease the surplus lands of these Tribes and empowered the 
        trustees to prosecute actions against persons trespassing 
        thereon . . . I think it is fair to assume from all of these 
        various acts that the Pamunkey and Mattaponi Indians of 
        Virginia are wards of the State, just as the Indians under 
        guardianship of the United States are wards of the nation. It 
        has been the policy of both State and nation not to subject 
        their wards to taxation.''
            (21) The Tribe continues to maintain close ties with the 
        county and State officials. The county sheriff will not come on 
        to the reservation to make an arrest or serve a warrant without 
        first contacting the Chief. The Tribe continues to take the 
annual tribute to the Governor.
            (22) At the Federal level, the Congress passed legislation 
        ratifying the agreement settling the land dispute between the 
        Pamunkey Tribe and the Southern Railway Company. While the 
        legislation is neutral on the status of the Tribe, a House 
        committee did find the claims of the Tribe are based in part on 
        the doctrine of aboriginal title and in part on section 2116 of 
        the Revised Statutes of the United States (25 U.S.C. 177), and 
        approved and ratified the settlement (H.R. Report 1980:1-2).
            (23) In 1985, the Tribe sought and received from the 
        Internal Revenue Service recognition of its status as a State 
        for the purposes of the Internal Revenue Code of 1986. This is 
        the same status accorded federally recognized tribes. In a 
        letter from E.L. Kennedy, Chief, Specialty Tax Branch of the 
        Internal Revenue Service, to Chief William H. Miles, Kennedy 
        stated the criteria for granting State status to the Pamunkey 
        Tribe based on the facts submitted by the Pamunkey Tribe. The 
        Tribe is now designated as a State for purposes of section 
        787(a) of the Internal Revenue Code of 1986, under the Indian 
        Tribal Government Tax Statute Act of 1982 (title II of Public 
        Law 97-473, 96 Stat. 2605, 2607-11, as amended by Public Law 
        98-21, 97 Stat. 65, 87 (1983-1C.B. 510, 511)).
            (24) As of July 1998, the Pamunkey tribal council consisted 
        of 8 members, Chief William P. Miles and 7 council members. The 
        council members were Warren Cook (Vice Chief), Ivy Bradley, 
        Walter Hill, Bobby Gray, Terry Langston, Morton Langston, and 
        Ray Bush. Each is elected for a 4-year term. The election 
        process is a traditional one. The Chief appoints a 3-member 
        nominating committee that has the responsibility of polling all 
        eligible voters to determine who wishes to run for either Chief 
        or councilman. Once the list is readied it is presented at a 
        general tribal council meeting. Each candidate is voted upon 
        separately, and each voter present casts a ``yes'' or ``no'' 
        vote. Prior to each vote a member of the Tribe passes out to 
        each voter a kernel of corn and a pea. As an individual's name 
        is presented, each voter deposits either a kernel of corn (yes) 
        or a pea (no) in a hat. The unused seeds are then collected and 
        those cast are counted. The process continues until everybody 
        on the nominating list has been voted upon.
            (25) The tribal council continues to exercise control over 
        the reservation, as it has for the past 300 years. The Chief 
        and council members continue to assign land for individual 
        tribal members' use, maintain the tribal properties, 
        communicate the Tribe's interests and concerns to State 
        officials, particularly the Governor, and settle disputes among 
        tribal members when it becomes necessary and is appropriate.
            (26) In 1865, a new and modern church was erected by tribal 
        members. The church was and still is affiliated with the 
        Southern Baptist Conference. This is the oldest Indian church 
        in the Commonwealth of Virginia.

SEC. 502. DEFINITIONS.

    For the purposes of this title--
            (1) the term ``Tribe'' means the Pamunkey 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 enactment of this Act, or an 
        individual who has been placed on the membership rolls of the 
        Tribe in accordance with this Act.

SEC. 503. 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 nations, tribes, or bands of Indians, 
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are 
not inconsistent 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 enactment of this Act, 
        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 or the location 
        of the residence of any member on or near any Indian 
        reservation.
            (2) Service area.--For purposes of the delivery of Federal 
        services to enrolled members of the Tribe, the Tribe's service 
        area shall be deemed to be the area comprised of 1,200 acres on 
        the Pamunkey River located in King William County, Virginia, 
        and surrounded by the Pamunkey River.

SEC. 504. MEMBERSHIP.

    Not later than 18 months after the date of the enactment 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 
governing 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. 505. 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 interim 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 bylaws.
            (2) Interim government.--Until such time as the Tribe 
        elects new officials pursuant to paragraph (1), the governing 
        body of the Tribe shall be the governing body in place on the 
        date of the enactment of this Act, or any new governing body 
        selected under the election procedures specified in the interim 
        governing documents of the Tribe.

SEC. 506. RESERVATION OF THE TRIBE.

    (a) Land Held in Trust by State.--Notwithstanding any other 
provision of law, if the Commonwealth of Virginia transfers to the 
Secretary any land which is held in trust by that State for the benefit 
of the Tribe on the date of the enactment of this Act, the Secretary 
shall take such land into trust for the benefit of the Tribe.
    (b) Other Land.--Notwithstanding any other provision of law, if the 
Tribe transfers any land within the boundaries of King William County, 
Virginia, to the Secretary, the Secretary shall take such land into 
trust for the benefit of the Tribe.

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--RAPPAHANNOCK TRIBE

SEC. 601. FINDINGS.

    Congress makes the following findings:
            (1) During the initial months after Virginia was settled, 
        the Rappahannocks had 3 encounters with Captain John Smith. The 
        first occurred when the Rappahannock weroance (headman) 
        traveled to Quiyocohannock (a principal town across the James 
        River from Jamestown) where he met with the Englishman to 
        determine if Smith had been the ``great man'' who had 
        previously sailed into the Rappahannock River, killed a 
        Rappahannock weroance, and kidnaped Rappahannock people. He 
        determined that Smith was too short to be that ``great man''. 
        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.'' A third meeting took place during 
        Smith's exploration of the Chesapeake Bay (July to September 
        1608), when Smith was prevailed upon to make peace between the 
        Rappahannock and the Moraughtacund Indians. The Moraughtacunds 
        had stolen 3 women from the Rappahannock King. In the 
        settlement, Smith had the 2 tribes meet on the spot of their 
        first fight. When it was established that both sides wanted 
        peace, Smith told the Rappahannock King to select which of the 
        3 women he wanted; the Moraughtacund King got second choice; 
        Mosco, a Wighcocomoco (on the Potomac River) guide, was given 
        the third woman.
            (2) In 1645, Captain William Claiborne tried unsuccessfully 
        to establish treaty relations with the Rappahannocks. 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 
        Pamukeys''.
            (3) In April 1651, the Rappahannocks conveyed their first 
        tract of land to an English settler, Colonel Morre Fauntleroy. 
        The deed was signed by Accopatough, weroance of the 
        Rappahannock Indians.
            (4) In September 1653, Lancaster County signed a treaty 
        with Rappahannock Indians. The terms of the treaty gave 
        Rappahannocks the rights of Englishmen in the county court, and 
        it tried to make the Rappahannocks more accountable to English 
        law.
            (5) In September 1653, Lancaster County defined and marked 
        the bounds of its Indian settlements. According to the 
        Lancaster clerk of court, ``the tribe called the great 
        Rappahannocks lived on the Rappahannock Creek just across the 
        river above Tappahannock''.
            (6) In September 1656, (Old) Rappahannock County (modern-
        day Richmond and Essex Counties) signed a treaty with 
        Rappahannock Indians. The treaty mirrored the Lancaster County 
        treaty from 1653 (see above), and added 2 points: Rappahannocks 
        were to be rewarded, in Roanoke, for returning English 
        fugitives and the English encouraged the Rappahannocks to send 
        their children to live among the English as servants, who the 
        English promised would be well treated.
            (7) 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''.
            (8) In 1669, the colony conducted a census of Virginia 
        Indians. At that time, the majority of the Rappahannocks were 
        residing at their hunting village on the north side of the 
        Mattaponi River. At the time of the visit, census takers were 
        counting only the tribes along the rivers. This explains the 
        low number of 30 Rappahannock bowmen counted on that river. The 
        Rappahannocks used this hunting village on the north side of 
        the Mattaponi River as their primary residence until they were 
        removed in 1684.
            (9) In May 1677, the Treaty of Middle Plantation was signed 
        with England. The Pamunkey Queen Cockacoeske signed on behalf 
        of the Rappahannocks ``who were supposed to be her 
        tributaries''. However, 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''.
            (10) In November 1682, the Virginia Colonial Council 
        established a reservation for the Rappahannock Indians of 3,474 
        acres ``about the town where they dwelt''. The Rappahannocks 
``town'' was their hunting village on the north side of the Mattaponi 
River, where they had lived throughout the 1670's. The acreage 
allotment was based on the 1658 Indian land act (seen above), which 
translates into a bowman population of 70, or an approximate total 
Rappahannock population of 350.
            (11) 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.
            (12) Between 1687 and 1699, the Rappahannocks migrated out 
        of Nanzatico, returning to the south side of the Rappahannock 
        River at Portobacco Indian Town.
            (13) 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 were they settled along the ridgeline between the 
        Rappahannock and Mattaponi Rivers, the site of their ancient 
        hunting village and 1682 reservation.
            (14) During the 1760's, 3 Rappahannock girls were raised on 
        Thomas Nelson's ``Bleak Hill'' Plantation in King William 
        County. One girl married a Saunders man, 1 a Johnson man, and 
        the third had 2 children, Edmund and Carter Nelson, fathered by 
        Thomas Cary Nelson. In the 19th century, these Sauders, 
        Johnson, and Nelson families are among the core Rappahannock 
        families from which the modern tribe traces its descent.
            (15) In 1819 and 1820, Edward Bird, John Bird and his 
        unnamed wife, Carter Nelson, Edmund Nelson, and Carter Spurlock 
        (all Rappahannock ancestors) were listed on the tax roles of 
        King and Queen County. They are taxed at the county poor rate. 
        Edmund Bird is added to the list in 1821. This is significant 
        documentation because the overwhelming majority of pre-1864 
        records for King and Queen County were destroyed by fire.
            (16) Beginning in 1819, and continuing through the 1880's, 
        there was a solid Rappahannock presence in the membership at 
        Upper Essex Baptist Church. This is the first instance of 
        conversion to Christianity by at least some Rappahannocks. 
        Twenty-six identifiable and traceable Rappahannock surnames 
        appear on the pre-1863 membership list; 28 were listed on the 
        1863 membership roster; that number had declined to 12 in 1878 
        and had risen only slightly to 14 by 1888. One reason for the 
        decline: 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. Mastin documented from 1850 to 1870, ``These Indians, 
        having a great need for moral and Christian guidance''. St. 
        Stephens was the dominant tribal church until the Rappahannock 
        Indian Baptist Church was established in 1964. At both, the 
        core Rappahannock family names of Bird, Clarke, Fortune, 
        Johnson, Nelson, Parker, and Richardson predominate.
            (17) During the early 1900's, James Mooney, noted 
        anthropologist, maintained correspondence with the 
        Rappahannocks, surveying them and instructing them on how to 
        formalize their tribal government.
            (18) November 1920, Speck visited the Rappahannocks and 
        assisted them in organizing the fight for their sovereign 
        rights. In 1921, the Rappahannocks were granted a charter from 
        the Commonwealth of Virginia formalizing their tribal 
        government. Speck began a professional relationship with the 
        Tribe that would last more than 30 years and document 
        Rappahannock history and traditions as never done before.
            (19) April 1921, Rappahannock Chief George Nelson asked the 
        Governor of Virginia, Westmoreland Davis, to forward a 
        proclamation to the President of the United States. A list of 
        tribal members and a handwritten copy of the proclamation 
        itself were appended. The letter concerned Indian freedom of 
        speech and assembly nationwide.
            (20) In 1922, the Rappahannocks established a formal school 
        at Lloyds, Essex County, Virginia. Prior to that time, 
        Rappahannock children were taught by a tribal member in Central 
        Point, Caroline County, Virginia.
            (21) In December 1923, Rappahannock Chief George Nelson 
        testified before the United States Congress appealing for a 
        $50,000 appropriation to establish an Indian school in 
        Virginia.
            (22) 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. In January 1930, Rappahannock Chief Otho S. Nelson 
        wrote to the Chief Statistician of the United States Census 
        Bureau asking that the 218 enrolled Rappahannocks be listed as 
        Indians. In February, Leon Truesdell replied to Nelson saying 
        that ``special instructions'' were being given about 
        classifying Indians. That April, Nelson wrote to William M. 
        Steuart at the Census Bureau asking about the enumerators' 
        failure to classify his people as Indians. Nelson said that 
        enumerators had not asked the question about race when they 
        interviewed his people. In a follow-up letter to Truesdell, 
        Nelson reported that the enumerators were ``flatly denying'' 
        his people's request to be listed as Indians. Furthermore, the 
        race question was completely avoided during interviews. The 
        Rappahannocks had talked with Caroline and Essex County 
        enumerators, and with John M.W. Green already, without success. 
        Nelson asked Truesdell to list people as Indian if he sent a 
        list of members. The matter was settled by William Steuart who 
        concluded that the Bureau's rule was that people of Indian 
        descent could only be classified as ``Indian'' if Indian 
        ``blood'' predominated and ``Indian'' identity was accepted in 
        the local community. 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. Therefore, 
in 1925, the Indian Rights Association took on the Rappahannock case to 
assist them in fighting for their recognition and rights s an Indian 
Tribe.
            (23) During the Second World War, the Pamunkeys, 
        Mattaponis, Chickahominies, and Rappahannocks had to fight the 
        draft boards about their racial identity. The Virginia Vital 
        Statistics Bureau insisted that certain Indian draftees be 
        inducted into Negro units. In the end, 3 Rappahannocks were 
        convicted of violating the Federal draft laws. After spending 
        time in a Federal prison, they were granted conscientious 
        objector status and served out the remainder of the war working 
        in military hospitals.
            (24) 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. The 
        Rappahannocks were included in this grouping.
            (25) In the 1940's, Leon Truesdell, Chief Statistician, 
        United States Bureau of the Census, listed 118 members in the 
        Rappahannock tribe in the Indian population of Virginia.
            (26) April 25, 1940, the United States Department of the 
        Interior, Office of Indian Affairs includes the Rappahannocks 
        in their list of Tribes by State and Agency.
            (27) In 1948, the Smithsonian Institution Annual Report 
        included an article by William Harlen Gilbert entitled, 
        ``Surviving Indian Groups of the Eastern United States''. The 
        Rappahannock Tribe was included and described in this article.
            (28) In the late 1940's and early 1950's, the Rappahannocks 
        operated a school at Indian Neck. 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. In 1965, Rappahannock students entered Marriott High 
        School (a white public school) by Executive order of the 
        Governor of Virginia. In 1972, the Rappahannocks worked with 
        the Coalition of Eastern Native Americans to fight for Federal 
        recognition. In 1979, the Coalition established a pottery and 
        artisans company, operating with other Virginia tribes. In 
        1980, the Rappahannocks received funding through the 
        Administration for Native Americans, to develop an economic 
        program for the Tribe.
            (29) In 1983, the Rappahannocks received State recognition.

SEC. 602. DEFINITIONS.

    For the purposes of this title--
            (1) the term ``Tribe'' means the organization possessing 
        the legal name Rappahannock Tribe, Inc., only and no other 
        tribe, subtribe, band, or splinter groups representing 
        themselves as Rappahannocks;
            (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 enactment of this Act, or an 
        individual who has been placed on the membership rolls of the 
        Tribe in accordance with this Act.

SEC. 603. FEDERAL RECOGNITION.

    (a) Federal Recognition.--Federal recognition is hereby extended to 
the Tribe, which entitles the Rappahannocks to all sovereign powers and 
rights as autonomous Native American Nations. All laws and regulations 
of the United States of general application to Indians or nations, 
tribges, or bands of Indians, including the Act of June 18, 1934 (25 
U.S.C. 461 et seq.) which are not inconsistent 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 enactment of this Act, 
        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 or the location 
        of the residence of any member on or near any Indian 
        reservation.
            (2) Service area.--For purposes of the delivery of Federal 
        services to enrolled members of the Tribe, the Tribe's service 
        area shall be deemed to be the area comprised of King and 
        Queen, Caroline, and Essex Counties, Virginia.

SEC. 604. MEMBERSHIP.

    Not later than 18 months after the date of the enactment 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 
governing 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 interim 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 bylaws.
            (2) Interim government.--Until such time as the Tribe 
        elects new officials pursuant to paragraph (1), the governing 
        body of the Tribe shall be the governing body in place on the 
        date of the enactment of this Act, or any new governing body 
        selected under the election procedures specified in the interim 
governing documents of the Tribe.

SEC. 606. RESERVATION OF THE TRIBE.

    Notwithstanding any other provision of law, if the Tribe transfers 
the land described in subsection (b) and any other land within the 
boundaries of King and Queen County, Essex County, and Caroline County, 
Virginia, to the Secretary, the Secretary shall take such land into 
trust for the benefit of the Tribe.

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.

                        TITLE VII--MONACAN TRIBE

SEC. 701. FINDINGS.

    Congress makes the following findings:
            (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. Specifically mentioned are the Monacan 
        tribes of the Totero (Tutelo), Saponi, Ocheneeches 
        (Occaneechi), Stengenocks, and Meipontskys.
            (3) In 1782, the First National Census records Benjamin 
        Evans and Robert Johns, both ancestors of the present Monacan 
        community. They are listed as white with mulatto children. Tax 
        records also begin for these families.
            (4) In 1850, the Census records 29 families, mostly large, 
        with Monacan surnames, who are genealogically related to the 
        present community.
            (5) In 1870, a log structure at the Bear Mountain Indian 
        Mission was built. In 1908, this structure became an Episcopal 
        Mission and is now listed as a National Historic Landmark.
            (6) In 1920, 304 Amherst Indians are listed on the Census.
            (7) From 1930 through 1931, a flurry of letters from 
        Monacans to the United States Bureau of the Census results from 
        Dr. Walter Plecker's (head of State Bureau of Vital Statistics) 
        decision not to allow Indians to register as such for the 1930 
        census. The Monacans succeed in being allowed to claim their 
        race, albeit with an asterisk attached to a note from Dr. 
        Plecker stating that there are no Indians in Virginia.
            (8) 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. 
        This letter was forwarded to the Department of the Interior, 
        Office of Indian Affairs, Chicago, Illinois. 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''.
            (9) In 1979, a Federal Coalition of Eastern Native 
        Americans grant established the Monacan Co-operative Pottery at 
        the Mission. Some important pieces are produced, including one 
        that was sold to the Smithsonian.
            (10) In 1981, the Mattaponi-Pamunkey-Monacan Consortium was 
        created and since organized as a nonprofit corporation that 
        serves as a vehicle to obtain funds for the tribes through the 
        Native American Program of the Job Training Partnership Act 
        (Department of Labor).
            (11) In 1989, the Monacan Tribe is officially recognized by 
        the Commonwealth of Virginia, which enables the Tribe to apply 
        for grants and other programs. In 1993, the Tribe received tax-
        exempt status as a nonprofit corporation from the Internal 
        Revenue Service.

SEC. 702. DEFINITIONS.

    For the purposes of this title--
            (1) the term ``Tribe'' means the Monacan 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 enactment of this Act, or an 
        individual who has been placed on the membership rolls of the 
        Tribe in accordance with this Act.

SEC. 703. 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 nations, tribes, or Tribes of Indians, 
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are 
not inconsistent 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 enactment of this Act, 
        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 or the location 
        of the residence of any member on or near any Indian 
        reservation.
            (2) Service area.--For purposes of the delivery of Federal 
        services to enrolled members of the Tribe, the Tribe's service 
        area shall be deemed to be the area comprised of all lands 
        within 150 miles of the center of Amherst, Virginia.

SEC. 704. MEMBERSHIP.

    Not later than 18 months after the date of the enactment 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 
governing 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. 705. 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 interim 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 bylaws.
            (2) Interim government.--Until such time as the Tribe 
        elects new officials pursuant to paragraph (1), the governing 
        body of the Tribe shall be the governing body in place on the 
        date of the enactment of this Act, or any new governing body 
        selected under the election procedures specified in the interim 
        governing documents of the Tribe.

SEC. 706. RESERVATION OF THE TRIBE.

    Notwithstanding any other provision 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 110 acres located at the foot of Bear 
Mountain in Amherst County, Virginia, the Secretary shall take such 
land into trust for the benefit of the Tribe.

SEC. 707. 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 VIII--NANSEMOND TRIBE

SEC. 801. 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 traditionalist 
        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 Colony from making a separate 
        peace with the Iroquois. Virginia represented them in the final 
        Treaty of Albany, 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 clearing swamp land and 
        bearing arms (forbidden to other nonwhites) because of their 
        Nansemond descent, 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 traditionalist 
        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 certificate stating 
        that William Bass was of Indian and English descent; the Indian 
        line of ancestry ran directly back to the early 18th century 
        elder in a traditionalist section of Nansemonds on the 
        reservation.
            (11) In 1833, a State law passed enabling European 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 established 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 anthropologist 
        Frank Speck published a book on modern 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. 802. 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 enactment of this Act, or an 
        individual who has been placed on the membership rolls of the 
        Tribe in accordance with this Act.

SEC. 803. 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 nations, 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 enactment of this Act, 
        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 or the location 
        of the residence of any member on or near any Indian 
        reservation.
            (2) Service area.--For purposes of the delivery 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, 
        Suffolk, and Virginia Beach, Virginia.

SEC. 804. MEMBERSHIP.

    Not later than 18 months after the date of the enactment 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 
governing 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. 805. 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 interim 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 bylaws.
            (2) Interim government.--Until such time as the Tribe 
        elects new officials pursuant to paragraph (1), the governing 
        body of the Tribe shall be the governing body in place on the 
        date of the enactment of this Act, or any new governing body 
        selected under the election procedures specified in the interim 
        governing documents of the Tribe.

SEC. 806. RESERVATION OF THE TRIBE.

    Notwithstanding any other provision of law, if the Tribe transfers 
any land within the boundaries of the cities of Chesapeake, Hampton, 
Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach, 
Virginia, to the Secretary, the Secretary shall take such land into 
trust for the benefit of the Tribe.

SEC. 807. 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.
                                 <all>