[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3764 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 663
114th CONGRESS
  2d Session
                                H. R. 3764

                          [Report No. 114-847]

 To provide that an Indian group may receive Federal acknowledgment as 
  an Indian tribe only by an Act of Congress, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 2015

Mr. Bishop of Utah introduced the following bill; which was referred to 
                   the Committee on Natural Resources

                            December 7, 2016

            Additional sponsors: Mr. Gosar and Mr. Goodlatte

                            December 7, 2016

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on October 
                               20, 2015]


_______________________________________________________________________

                                 A BILL


 
 To provide that an Indian group may receive Federal acknowledgment as 
  an Indian tribe only by an Act of Congress, and for other purposes.


 


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

        TITLE I--FEDERAL RECOGNITION OF INDIAN TRIBES, GENERALLY

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Tribal Recognition Act of 2016''.

SEC. 102. FINDINGS.

    Congress finds as follows:
            (1) Article I, section 8, clause 3 of the Constitution 
        (commonly known as the ``Indian Commerce Clause'') gives 
        Congress authority over Indian affairs.
            (2) Such authority is plenary and exclusive.
            (3) Such authority may not be exercised by the executive 
        branch, except as expressly delegated by an Act of Congress (or 
        by a treaty ratified by the Senate before March 1871).

SEC. 103. DEFINITIONS.

    As used in this title:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Indian Affairs, or that 
        officer's authorized representative.
            (2) Autonomous.--The term ``autonomous'' means the exercise 
        of political influence or authority independent of the control 
        of any other Indian governing entity. Autonomous must be 
        understood in the context of the history, geography, culture 
        and social organization of the petitioning group.
            (3) Community.--The term ``Community'' means any group of 
        people which can demonstrate that consistent interactions and 
        significant social relationships exist within its membership 
        and that its members are differentiated from and identified as 
        distinct from nonmembers. Community must be understood in the 
        context of the history, geography, culture and social 
        organization of the group.
            (4) Continental united states.--The term ``continental 
        United States'' means the contiguous 48 States and Alaska.
            (5) Continuously or continuous.--The term ``continuously or 
        continuous'' means extending from first sustained contact with 
        non-Indians throughout the group's history to the present 
        substantially without interruption.
            (6) Documented petition.--The term ``documented petition'' 
        means the detailed arguments made by a petitioner to 
        substantiate its claim to continuous existence as an Indian 
        tribe, together with the factual exposition and all documentary 
        evidence necessary to demonstrate that these arguments address 
        the mandatory criteria.
            (7) Historically, historical or history.--The term 
        ``historically, historical or history'' means dating from first 
        sustained contact with non-Indians.
            (8) Indian group or group.--The term ``Indian group or 
        group'' means any Indian or Alaska Native aggregation within 
        the continental United States that the Secretary of the 
        Interior does not acknowledge to be an Indian tribe. Indian 
        tribe, also referred to herein as tribe, means any Indian or 
        Alaska Native tribe, band, pueblo, village, or community within 
        the continental United States that the Secretary of the 
        Interior has lawfully acknowledged as an Indian tribe.
            (9) Indigenous.--The term ``indigenous'' means native to 
        the continental United States in that at least part of the 
        petitioner's territory at the time of sustained contact 
        extended into what is now the continental United States.
            (10) Informed party.--The term ``informed party'' means any 
        person or organization, other than an interested party, who 
        requests an opportunity to submit comments or evidence or to be 
        kept informed of general actions regarding a specific 
        petitioner.
            (11) Interested party.--The term ``interested party'' means 
        any person, organization or other entity who can establish a 
        legal, factual or property interest in an acknowledgment 
        determination and who requests an opportunity to submit 
        comments or evidence or to be kept informed of general actions 
        regarding a specific petitioner. ``Interested party'' includes 
        the governor and attorney general of the State in which a 
        petitioner is located, and may include, but is not limited to, 
        local governmental units, and any recognized Indian tribes and 
        unrecognized Indian groups that might be affected by an 
        acknowledgment determination.
            (12) Letter of intent.--The term ``letter of intent'' means 
        an undocumented letter or resolution by which an Indian group 
        requests Federal acknowledgment as an Indian tribe and 
        expresses its intent to submit a documented petition.
            (13) Petitioner.--The term ``petitioner'' means any entity 
        that has submitted a letter of intent to the Secretary 
        requesting acknowledgment that it is an Indian tribe.
            (14) Political influence or authority.--The term 
        ``political influence or authority'' means a tribal council, 
        leadership, internal process or other mechanism which the group 
        has used as a means of influencing or controlling the behavior 
        of its members in significant respects, and/or making decisions 
        for the group which substantially affect its members, and/or 
        representing the group in dealing with outsiders in matters of 
        consequence. This process is to be understood in the context of 
        the history, culture and social organization of the group.
            (15) Previous federal acknowledgment.--The term ``previous 
        Federal acknowledgment'' means action by the Federal Government 
        clearly premised on identification of a tribal political entity 
        and indicating clearly the recognition of a relationship 
        between that entity and the United States.
            (16) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior or that officer's authorized representative.
            (17) Sustained contact.--The term ``sustained contact'' 
        means the period of earliest sustained non-Indian settlement 
        and/or governmental presence in the local area in which the 
        historical tribe or tribes from which the petitioner descends 
        was located historically.

SEC. 104. GROUPS ELIGIBLE TO SUBMIT PETITIONS.

    (a) Eligible Groups.--Indian groups indigenous to the continental 
United States that are not federally recognized Indian tribes on the 
date of the enactment of this Act may submit a petition under this 
title.
    (b) Ineligible Groups.--The following may not submit a petition 
under this title:
            (1) Splinter groups, political factions, communities or 
        groups of any character that separate from the main body of a 
        federally recognized Indian tribe, unless they can establish 
        clearly that they have functioned throughout history until the 
        present as an autonomous tribal entity, even if they have been 
        regarded by some as part of or have been associated in some 
        manner with a federally recognized Indian tribe.
            (2) Indian tribes, organized bands, pueblos, Alaska native 
        villages, or communities that have been lawfully acknowledged 
        to be federally recognized Indian tribes and are receiving 
        services from the Bureau of Indian Affairs.
            (3) Groups that petitioned and were denied Federal 
        acknowledgment under part 83 of title 25, Code of Federal 
        Regulations, including reorganized or reconstituted petitioners 
        previously denied, or splinter groups, spin-offs, or component 
        groups of any type that were once part of petitioners 
        previously denied.
            (4) Groups for which a documented petition has not been 
        filed pursuant to section 109 by the date that is five years 
        after the date of the enactment of this Act.
    (c) Groups With Petitions in Progress.--This title, including the 
criteria in section 107, shall apply to any Indian group whose 
documented petition was submitted and not denied on the date of the 
enactment of this Act.

SEC. 105. FILING A LETTER OF INTENT.

    Any Indian group in the continental United States that believes it 
should be acknowledged as an Indian tribe and that it can satisfy the 
criteria in this title may submit a letter of intent requesting 
acknowledgment that an Indian group exists as an Indian tribe. The 
letter of intent submitted under this section--
            (1) shall be filed with the Assistant Secretary--Indian 
        Affairs, Department of the Interior;
            (2) may be filed in advance of, or at the same time as, a 
        group's documented petition; and
            (3) shall be produced, dated and signed by the governing 
        body of an Indian group.

SEC. 106. DUTIES OF THE ASSISTANT SECRETARY.

    (a) Guidelines.--The Assistant Secretary shall make available 
guidelines for the preparation of documented petitions. These 
guidelines shall--
            (1) include an explanation of the criteria, a discussion of 
        the types of evidence which may be used to demonstrate 
        particular criteria, and general suggestions and guidelines on 
        how and where to conduct research;
            (2) include an example of a documented petition format 
        which shall provide guidance, but not preclude the use of any 
        other format; and
            (3) may be supplemented or updated as necessary.
    (b) Research and Preparation of Petition.--The Assistant 
Secretary--
            (1) shall provide petitioners with suggestions and advice 
        regarding preparation of the documented petition; and
            (2) shall not be responsible for the actual research on 
        behalf of the petitioner.

SEC. 107. CRITERIA FOR FEDERAL ACKNOWLEDGMENT.

    The criteria for consideration for Federal acknowledgment is, at a 
minimum, the following:
            (1) The petitioner has been identified as an American 
        Indian entity on a substantially continuous basis since 1900. 
        Evidence that the group's character as an Indian entity has 
        from time to time been denied shall not be considered to be 
        conclusive evidence that this criterion has not been met. 
        Evidence to be relied upon in determining a group's Indian 
        identity may include one or a combination of the following, as 
        well as other evidence of identification by other than the 
        petitioner itself or its members:
                    (A) Identification as an Indian entity by Federal 
                authorities.
                    (B) Relationships with State governments based on 
                identification of the group as Indian.
                    (C) Dealings with a county, parish, or other local 
                government in a relationship based on the group's 
                Indian identity.
                    (D) Identification as an Indian entity by 
                anthropologists, historians, and/or other scholars.
                    (E) Identification as an Indian entity in 
                newspapers and books.
                    (F) Identification as an Indian entity in 
                relationships with Indian tribes or with national, 
                regional, or State Indian organizations.
            (2) A predominant portion of the petitioning group 
        comprises a distinct community and has existed as a community 
        from historical times until the present.
                    (A) This criterion may be demonstrated by some 
                combination of the following evidence and/or other 
                evidence that the petitioner meets the definition of 
                community:
                            (i) Significant rates of marriage within 
                        the group, and/or, as may be culturally 
                        required, patterned out-marriages with other 
                        Indian populations.
                            (ii) Significant social relationships 
                        connecting individual members.
                            (iii) Significant rates of informal social 
                        interaction which exist broadly among the 
                        members of a group.
                            (iv) A significant degree of shared or 
                        cooperative labor or other economic activity 
                        among the membership.
                            (v) Evidence of strong patterns of 
                        discrimination or other social distinctions by 
                        nonmembers.
                            (vi) Shared sacred or secular ritual 
                        activity encompassing most of the group.
                            (vii) Cultural patterns shared among a 
                        significant portion of the group that are 
                        different from those of the non-Indian 
                        populations with whom it interacts. These 
                        patterns must function as more than a symbolic 
                        identification of the group as Indian. They may 
                        include, but are not limited to, language, 
                        kinship organization, or religious beliefs and 
                        practices.
                            (viii) The persistence of a named, 
                        collective Indian identity continuously over a 
                        period of more than 50 years, notwithstanding 
                        changes in name.
                            (ix) A demonstration of historical 
                        political influence under the criterion in 
                        paragraph (3) shall be evidence for 
                        demonstrating historical community.
                    (B) A petitioner shall be considered to have 
                provided sufficient evidence of community at a given 
                point in time if evidence is provided to demonstrate 
                any one of the following:
                            (i) More than 50 percent of the members 
                        reside in a geographical area exclusively or 
                        almost exclusively composed of members of the 
                        group, and the balance of the group maintains 
                        consistent interaction with some members of the 
                        community.
                            (ii) At least 50 percent of the marriages 
                        in the group are between members of the group.
                            (iii) At least 50 percent of the group 
                        members maintain distinct cultural patterns 
                        such as, but not limited to, language, kinship 
                        organization, or religious beliefs and 
                        practices.
                            (iv) There are distinct community social 
                        institutions encompassing most of the members, 
                        such as kinship organizations, formal or 
                        informal economic cooperation, or religious 
                        organizations.
                            (v) The group has met the criterion in 
                        paragraph (3) using evidence described in 
                        paragraph (3)(B).
            (3) The petitioner has maintained political influence or 
        authority over its members as an autonomous entity from 
        historical times until the present.
                    (A) This criterion may be demonstrated by some 
                combination of the evidence listed below and/or by 
                other evidence that the petitioner meets the definition 
                of political influence or authority:
                            (i) The group is able to mobilize 
                        significant numbers of members and significant 
                        resources from its members for group purposes.
                            (ii) Most of the membership considers 
                        issues acted upon or actions taken by group 
                        leaders or governing bodies to be of 
                        importance.
                            (iii) There is widespread knowledge, 
                        communication and involvement in political 
                        processes by most of the group's members.
                            (iv) The group meets the criterion in 
                        paragraph (2) at more than a minimal level.
                            (v) There are internal conflicts which show 
                        controversy over valued group goals, 
                        properties, policies, processes and/or 
                        decisions.
                    (B) A petitioning group shall be considered to have 
                provided sufficient evidence to demonstrate the 
                exercise of political influence or authority at a given 
                point in time by demonstrating that group leaders and/
                or other mechanisms exist or existed which--
                            (i) allocate group resources such as land, 
                        residence rights and the like on a consistent 
                        basis;
                            (ii) settle disputes between members or 
                        subgroups by mediation or other means on a 
                        regular basis;
                            (iii) exert strong influence on the 
                        behavior of individual members, such as the 
                        establishment or maintenance of norms and the 
                        enforcement of sanctions to direct or control 
                        behavior; and
                            (iv) organize or influence economic 
                        subsistence activities among the members, 
                        including shared or cooperative labor.
                    (C) A group that has met the requirements in 
                paragraph (2)(B) at a given point in time shall be 
                considered to have provided sufficient evidence to meet 
                this criterion at that point in time.
            (4) A copy of the group's present governing document 
        including its membership criteria. In the absence of a written 
        document, the petitioner must provide a statement describing in 
        full its membership criteria and current governing procedures.
            (5) The petitioner's membership consists of individuals who 
        descend from a historical Indian tribe or from historical 
        Indian tribes which combined and functioned as a single 
        autonomous political entity.
                    (A) Some types of evidence that can be used for 
                this purpose include the following:
                            (i) Rolls prepared by the Secretary on a 
                        descendancy basis for purposes of distributing 
                        claims money, providing allotments, or other 
                        purposes.
                            (ii) State, Federal, or other official 
                        records or evidence identifying present members 
                        or ancestors of present members as being 
                        descendants of a historical tribe or tribes 
                        that combined and functioned as a single 
                        autonomous political entity.
                            (iii) Church, school, and other similar 
                        enrollment records identifying present members 
                        or ancestors of present members as being 
                        descendants of a historical tribe or tribes 
                        that combined and functioned as a single 
                        autonomous political entity.
                            (iv) Affidavits of recognition by tribal 
                        elders, leaders, or the tribal governing body 
                        identifying present members or ancestors of 
                        present members as being descendants of a 
                        historical tribe or tribes that combined and 
                        functioned as a single autonomous political 
                        entity.
                            (v) Other records or evidence identifying 
                        present members or ancestors of present members 
                        as being descendants of a historical tribe or 
                        tribes that combined and functioned as a single 
                        autonomous political entity.
                    (B) The petitioner must provide an official 
                membership list, separately certified by the group's 
                governing body, of all known current members of the 
                group. This list must include each member's full name 
                (including maiden name), date of birth, and current 
                residential address. The petitioner must also provide a 
                copy of each available former list of members based on 
                the group's own defined criteria, as well as a 
                statement describing the circumstances surrounding the 
                preparation of the current list and, insofar as 
                possible, the circumstances surrounding the preparation 
                of former lists.
            (6) The membership of the petitioning group is composed 
        principally of persons who are not members of any acknowledged 
        North American Indian tribe. However, under certain conditions 
        a petitioning group may be acknowledged even if its membership 
        is composed principally of persons whose names have appeared on 
        rolls of, or who have been otherwise associated with, an 
        acknowledged Indian tribe. The conditions are that the group 
        must establish that it has functioned throughout history until 
        the present as a separate and autonomous Indian tribal entity, 
        that its members do not maintain a bilateral political 
        relationship with the acknowledged tribe, and that its members 
        have provided written confirmation of their membership in the 
        petitioning group.
            (7) Neither the petitioner nor its members are the subject 
        of congressional legislation that has expressly terminated or 
        forbidden the Federal relationship.

SEC. 108. PREVIOUS FEDERAL ACKNOWLEDGMENT.

    (a) In General.--Unambiguous previous Federal acknowledgment shall 
be acceptable evidence of the tribal character of a petitioner to the 
date of the last such previous acknowledgment. If a petitioner provides 
substantial evidence of unambiguous Federal acknowledgment, the 
petitioner shall only be required to demonstrate that it meets the 
requirements of section 107 to the extent required by this section. A 
determination of the adequacy of the evidence of previous Federal 
action acknowledging tribal status shall be made during the technical 
assistance review of the documented petition conducted pursuant to 
section 110(b).
    (b) Evidence.--Evidence to demonstrate previous Federal 
acknowledgment includes evidence that the group--
            (1) has had treaty relations with the United States;
            (2) has been denominated a tribe by an Act of Congress or 
        Executive order; and
            (3) has been treated by the Federal Government as having 
        collective rights in tribal lands or funds.

SEC. 109. NOTICE OF RECEIPT OF A PETITION.

    (a) In General.--Not later than 30 days after receiving a letter of 
intent, or a documented petition if a letter of intent has not 
previously been received and noticed, the Assistant Secretary shall 
acknowledge to the sender such receipt in writing. Notice under this 
subsection shall--
            (1) include the name, location, and mailing address of the 
        petitioner and such other information to identify the entity 
        submitting the letter of intent or documented petition and the 
        date it was received;
            (2) serve to announce the opportunity for interested 
        parties and informed parties to submit factual or legal 
        arguments in support of or in opposition to the petitioner's 
        request for acknowledgment or to request to be kept informed of 
        all general actions affecting the petition; and
            (3) indicate where a copy of the letter of intent and the 
        documented petition may be examined.
    (b) Notice to State Governments.--The Assistant Secretary shall 
notify, in writing--
            (1) the Governor and Attorney General of the State or 
        States in which a petitioner is located; and
            (2) any recognized tribe and any other petitioner that--
                    (A) appears to have a historical or present 
                relationship with the petitioner; or
                    (B) may otherwise be considered to have a potential 
                interest in the acknowledgment determination.
    (c) Publication.--Not later than 60 days after receiving a letter 
of intent, or a documented petition if a letter of intent has not 
previously been received and noticed, the Assistant Secretary shall 
have the notice required under this section published--
            (1) in the Federal Register; and
            (2) in a major newspaper or newspapers of general 
        circulation in the town or city nearest to the petitioner.

SEC. 110. PROCESSING OF THE DOCUMENTED PETITION.

    (a) Review.--Upon receipt of a documented petition, the Assistant 
Secretary--
            (1) shall cause a review to be conducted to determine the 
        extent to which the petitioner has met the criteria set forth 
        in section 107;
            (2) shall include consideration of the documented petition 
        and the factual statements contained therein;
            (3) may initiate other research for any purpose relative to 
        analyzing the documented petition and obtaining additional 
        information about the petitioner's status; and
            (4) may consider any evidence which may be submitted by 
        interested parties or informed parties.
    (b) Technical Assistance.--
            (1) Prior to review of the documented petition under 
        subsection (a), the Assistant Secretary shall conduct a 
        preliminary review of the petition in order to provide 
        technical assistance to the petitioner.
            (2) The review under paragraph (1) shall be a preliminary 
        review for the purpose of providing the petitioner an 
        opportunity to supplement or revise the documented petition 
        prior to the review under paragraph (1). Insofar as possible, 
        technical assistance reviews under this paragraph will be 
        conducted in the order of receipt of documented petitions. 
        However, technical assistance reviews will not have priority 
        over active consideration of documented petitions.
            (3) After the technical assistance review, the Assistant 
        Secretary shall notify the petitioner by letter of any obvious 
        deficiencies or significant omissions apparent in the 
        documented petition and provide the petitioner with an 
        opportunity to withdraw the documented petition for further 
        work or to submit additional information.
            (4) If a petitioner's documented petition claims previous 
        Federal acknowledgment or includes evidence of previous Federal 
        acknowledgment, the technical assistance review shall also 
        include a review to determine whether that evidence is 
        sufficient to meet the requirements of previous Federal 
        acknowledgment.
    (c) Response to Technical Assistance Review.--
            (1) Petitioners may respond in part or in full to the 
        technical assistance review letter or request, in writing, that 
        the Assistant Secretary proceed with the active consideration 
        of the documented petition using the materials already 
        submitted.
            (2) If the petitioner requests that the materials submitted 
        in response to the technical assistance review letter be again 
        reviewed for adequacy, the Assistant Secretary shall provide 
        the additional review.
            (3) If the assertion of previous Federal acknowledgment 
        under section 108 cannot be substantiated during the technical 
        assistance review, the petitioner may respond by providing 
        additional evidence. A petitioner that claims previous Federal 
        acknowledgment and fails to respond to a technical assistance 
        review letter under this subsection, or whose response fails to 
        establish the claim, shall have its documented petition 
        considered on the same basis as documented petitions submitted 
        by groups not claiming previous Federal acknowledgment. 
        Petitioners that fail to demonstrate previous Federal 
        acknowledgment after a review of materials submitted in 
        response to the technical assistance review shall be so 
        notified. Such petitioners may submit additional materials 
        concerning previous acknowledgment during the course of active 
        consideration.
    (d) Consideration of Documented Petitions.--The Assistant Secretary 
shall--
            (1) review documented petitions in the order that they are 
        determined ready for review;
            (2) establish and maintain a numbered register of 
        documented petitions which have been determined ready for 
        active consideration;
            (3) maintain a numbered register of letters of intent or 
        incomplete petitions based on the original date received by the 
        Department of the Interior; and
            (4) use the register of letters of intent or incomplete 
        petitions to determine the order of review by the Assistant 
        Secretary if two or more documented petitions are determined 
        ready for review on the same date.
    (e) Report.--Not later than 1 year after notifying the petitioner 
that review of the documented petition has begun, the Assistant 
Secretary shall--
            (1) submit a report including a summary of the evidence, 
        findings, petition, and supporting documentation, to the 
        Committee on Natural Resources of the House of Representatives 
        and the Committee on Indian Affairs of the Senate;
            (2) notify the petitioner and interested parties that the 
        review is complete and the report required under paragraph (1) 
        has been submitted;
            (3) provide copies of the report to the petitioner and 
        interested parties; and
            (4) provide copies of the report to informed parties and 
        others upon written request.

SEC. 111. CLARIFICATION OF FEDERAL RECOGNITION AUTHORITY.

    (a) Act of Congress Required.--An Indian group may receive Federal 
acknowledgment (or reacknowledgment) as an Indian tribe only by an Act 
of Congress. The Secretary may not grant Federal acknowledgment (or 
reacknowledgment) to any Indian group.
    (b) Previous Acknowledgment.--This title shall not affect the 
status of any Indian tribe that was federally acknowledged before the 
date of the enactment of this Act.

SEC. 112. FORCE AND EFFECT OF REGULATIONS.

    Part 83 of title 25, Code of Federal Regulations, shall have no 
force or effect.

        TITLE II--FEDERAL RECOGNITION OF VIRGINIA INDIAN TRIBES

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Thomasina E. Jordan Indian Tribes 
of Virginia Federal Recognition Act of 2016''.

SEC. 202. INDIAN CHILD WELFARE ACT OF 1978.

    Nothing in this title affects the application of section 109 of the 
Indian Child Welfare Act of 1978 (25 U.S.C. 1919).

                 Subtitle A--Chickahominy Indian Tribe

SEC. 211. FINDINGS.

    Congress finds that--
            (1) in 1607, when the English settlers set shore along the 
        Virginia coastline, the Chickahominy Indian Tribe was one of 
        about 30 tribes that received them;
            (2) in 1614, the Chickahominy Indian Tribe entered into a 
        treaty with Sir Thomas Dale, Governor of the Jamestown Colony, 
        under which--
                    (A) the Chickahominy Indian Tribe agreed to provide 
                2 bushels of corn per man and send warriors to protect 
                the English; and
                    (B) Sir Thomas Dale agreed in return to allow the 
                Tribe to continue to practice its own tribal 
                governance;
            (3) in 1646, a treaty was signed which forced the 
        Chickahominy from their homeland to the area around the York 
        Mattaponi 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 forced from their 
        reservation, which caused the loss of a land base;
            (6) in 1711, the College of William and Mary in 
        Williamsburg established a grammar school for Indians called 
        Brafferton College;
            (7) a Chickahominy child was one of the first Indians to 
        attend Brafferton College;
            (8) in 1750, the Chickahominy Indian Tribe began to migrate 
        from King William County back to the area around the 
        Chickahominy River in New Kent and Charles City Counties;
            (9) in 1793, a Baptist missionary named Bradby took refuge 
        with the Chickahominy and took a Chickahominy woman as his 
        wife;
            (10) in 1831, the names of the ancestors of the modern-day 
        Chickahominy Indian Tribe began to appear in the Charles City 
        County census records;
            (11) in 1901, the Chickahominy Indian Tribe formed Samaria 
        Baptist Church;
            (12) from 1901 to 1935, Chickahominy men were assessed a 
        tribal tax so that their children could receive an education;
            (13) the Tribe used the proceeds from the tax to build the 
        first Samaria Indian School, buy supplies, and pay a teacher's 
        salary;
            (14) 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;
            (15) during the period of 1920 through 1930, various 
        Governors of the Commonwealth of Virginia wrote letters of 
        introduction for Chickahominy Chiefs who had official business 
        with Federal agencies in Washington, DC;
            (16) in 1934, Chickahominy Chief O.O. 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;
            (17) in 1934, John Collier, Commissioner of Indian Affairs, 
        wrote to Chickahominy Chief O.O. Adkins, informing him that 
        Congress had passed the Act of June 18, 1934 (commonly known as 
        the ``Indian Reorganization Act'') (25 U.S.C. 461 et seq.), but 
        had not made the appropriation to fund the Act;
            (18) in 1942, Chickahominy Chief O.O. Adkins wrote to John 
        Collier, Commissioner of Indian Affairs, asking for help in 
        getting the proper racial designation on Selective Service 
        records for Chickahominy soldiers;
            (19) in 1943, John Collier, Commissioner of Indian Affairs, 
        asked Douglas S. Freeman, editor of the Richmond News-Leader 
        newspaper of Richmond, Virginia, to help Virginia Indians 
        obtain proper racial designation on birth records;
            (20) Collier stated that his office could not officially 
        intervene because it had no responsibility for the Virginia 
        Indians, ``as a matter largely of historical accident'', but 
        was ``interested in them as descendants of the original 
        inhabitants of the region'';
            (21) in 1948, the Veterans' Education Committee of the 
        Virginia State Board of Education approved Samaria Indian 
        School to provide training to veterans;
            (22) that school was established and run by the 
        Chickahominy Indian Tribe;
            (23) in 1950, the Chickahominy Indian Tribe purchased and 
        donated to the Charles City County School Board land to be used 
        to build a modern school for students of the Chickahominy and 
        other Virginia Indian tribes;
            (24) the Samaria Indian School included students in grades 
        1 through 8;
            (25) in 1961, Senator Sam Ervin, Chairman of the 
        Subcommittee on Constitutional Rights of the Committee on the 
        Judiciary of the Senate, requested Chickahominy Chief O.O. 
        Adkins to provide assistance in analyzing the status of the 
        constitutional rights of Indians ``in your area'';
            (26) in 1967, the Charles City County school board closed 
        Samaria Indian School and converted the school to a countywide 
        primary school as a step toward full school integration of 
        Indian and non-Indian students;
            (27) in 1972, the Charles City County school board began 
        receiving funds under the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 458aa et seq.) on behalf of 
        Chickahominy students, which funding is provided as of the date 
        of enactment of this Act under title V of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 458aaa et 
        seq.);
            (28) in 1974, the Chickahominy Indian Tribe bought land and 
        built a tribal center using monthly pledges from tribal members 
        to finance the transactions;
            (29) in 1983, the Chickahominy Indian Tribe was granted 
        recognition as an Indian tribe by the Commonwealth of Virginia, 
        along with 5 other Indian tribes; and
            (30) in 1985, Governor Gerald Baliles was the special guest 
        at an intertribal Thanksgiving Day dinner hosted by the 
        Chickahominy Indian Tribe.

SEC. 212. DEFINITIONS.

    In this subtitle:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Tribal member.--The term ``tribal member'' means--
                    (A) an individual who is an enrolled member of the 
                Tribe as of the date of enactment of this Act; and
                    (B) an individual who has been placed on the 
                membership rolls of the Tribe in accordance with this 
                subtitle.
            (3) Tribe.--The term ``Tribe'' means the Chickahominy 
        Indian Tribe.

SEC. 213. FEDERAL RECOGNITION.

    (a) Federal Recognition.--
            (1) In general.--Federal recognition is extended to the 
        Tribe.
            (2) Applicability of laws.--All laws (including 
        regulations) of the United States of general applicability to 
        Indians or nations, Indian tribes, or bands of Indians 
        (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) 
        that are not inconsistent with this subtitle shall be 
        applicable to the Tribe and tribal members.
    (b) Federal Services and Benefits.--
            (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible for all 
        services and benefits provided by the Federal Government to 
        federally recognized Indian tribes without regard to the 
        existence of a reservation for the Tribe.
            (2) Service area.--For the purpose of the delivery of 
        Federal services to tribal members, the service area of the 
        Tribe shall be considered to be the area comprised of New Kent 
        County, James City County, Charles City County, and Henrico 
        County, Virginia.

SEC. 214. MEMBERSHIP; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 215. GOVERNING BODY.

    The governing body of the Tribe shall be--
            (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
            (2) any subsequent governing body elected in accordance 
        with the election procedures specified in the governing 
        documents of the Tribe.

SEC. 216. RESERVATION OF THE TRIBE.

    (a) In General.--Upon the request of the Tribe, the Secretary of 
the Interior--
            (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007, if such lands are located within the 
        boundaries of New Kent County, James City County, Charles City 
        County, or Henrico County, Virginia; and
            (2) may take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe, if such lands are located within 
        the boundaries of New Kent County, James City County, Charles 
        City County, or Henrico County, Virginia.
    (b) Deadline for Determination.--The Secretary shall make a final 
written determination not later than three years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit 
of the Tribe pursuant to this paragraph shall, upon request of the 
Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a 
matter of claimed inherent authority or under the authority of any 
Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.) or under any regulations thereunder promulgated by the 
Secretary or the National Indian Gaming Commission.

SEC. 217. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

    Nothing in this subtitle expands, reduces, or affects in any manner 
any hunting, fishing, trapping, gathering, or water rights of the Tribe 
and members of the Tribe.

        Subtitle B--Chickahominy Indian Tribe--Eastern Division

SEC. 221. FINDINGS.

    Congress finds that--
            (1) in 1607, when the English settlers set shore along the 
        Virginia coastline, the Chickahominy Indian Tribe was one of 
        about 30 tribes that received them;
            (2) in 1614, the Chickahominy Indian Tribe entered into a 
        treaty with Sir Thomas Dale, Governor of the Jamestown Colony, 
        under which--
                    (A) the Chickahominy Indian Tribe agreed to provide 
                2 bushels of corn per man and send warriors to protect 
                the English; and
                    (B) Sir Thomas Dale agreed in return to allow the 
                Tribe to continue to practice its 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 forced from their 
        reservation, which caused the loss of a land base;
            (6) in 1711, the College of William and Mary in 
        Williamsburg established a grammar school for Indians called 
        Brafferton College;
            (7) a Chickahominy child was one of the first Indians to 
        attend Brafferton College;
            (8) in 1750, the Chickahominy Indian Tribe began to migrate 
        from King William County back to the area around the 
        Chickahominy River in New Kent and Charles City Counties;
            (9) in 1793, a Baptist missionary named Bradby took refuge 
        with the Chickahominy and took a Chickahominy woman as his 
        wife;
            (10) in 1831, the names of the ancestors of the modern-day 
        Chickahominy Indian Tribe began to appear in the Charles City 
        County census records;
            (11) in 1870, a census revealed an enclave of Indians in 
        New Kent County that is believed to be the beginning of the 
        Chickahominy Indian Tribe--Eastern Division;
            (12) other records were destroyed when the New Kent County 
        courthouse was burned, leaving a State census as the only 
        record covering that period;
            (13) in 1901, the Chickahominy Indian Tribe formed Samaria 
        Baptist Church;
            (14) from 1901 to 1935, Chickahominy men were assessed a 
        tribal tax so that their children could receive an education;
            (15) the Tribe used the proceeds from the tax to build the 
        first Samaria Indian School, buy supplies, and pay a teacher's 
        salary;
            (16) in 1910, a 1-room school covering grades 1 through 8 
        was established in New Kent County for the Chickahominy Indian 
        Tribe--Eastern Division;
            (17) during the period of 1920 through 1921, the 
        Chickahominy Indian Tribe--Eastern Division began forming a 
        tribal government;
            (18) E.P. Bradby, the founder of the Tribe, was elected to 
        be Chief;
            (19) in 1922, Tsena Commocko Baptist Church was organized;
            (20) in 1925, a certificate of incorporation was issued to 
        the Chickahominy Indian Tribe--Eastern Division;
            (21) in 1950, the 1-room Indian school in New Kent County 
        was closed and students were bused to Samaria Indian School in 
        Charles City County;
            (22) in 1967, the Chickahominy Indian Tribe and the 
        Chickahominy Indian Tribe--Eastern Division lost their schools 
        as a result of the required integration of students;
            (23) during the period of 1982 through 1984, Tsena Commocko 
        Baptist Church built a new sanctuary to accommodate church 
        growth;
            (24) in 1983 the Chickahominy Indian Tribe--Eastern 
        Division was granted State recognition along with 5 other 
        Virginia Indian tribes;
            (25) in 1985--
                    (A) the Virginia Council on Indians was organized 
                as a State agency; and
                    (B) the Chickahominy Indian Tribe--Eastern Division 
                was granted a seat on the Council;
            (26) in 1988, a nonprofit organization known as the 
        ``United Indians of Virginia'' was formed; and
            (27) Chief Marvin ``Strongoak'' Bradby of the Eastern Band 
        of the Chickahominy presently chairs the organization.

SEC. 222. DEFINITIONS.

    In this subtitle:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Tribal member.--The term ``tribal member'' means--
                    (A) an individual who is an enrolled member of the 
                Tribe as of the date of enactment of this Act; and
                    (B) an individual who has been placed on the 
                membership rolls of the Tribe in accordance with this 
                subtitle.
            (3) Tribe.--The term ``Tribe'' means the Chickahominy 
        Indian Tribe--Eastern Division.

SEC. 223. FEDERAL RECOGNITION.

    (a) Federal Recognition.--
            (1) In general.--Federal recognition is extended to the 
        Tribe.
            (2) Applicability of laws.--All laws (including 
        regulations) of the United States of general applicability to 
        Indians or nations, Indian tribes, or bands of Indians 
        (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) 
        that are not inconsistent with this subtitle shall be 
        applicable to the Tribe and tribal members.
    (b) Federal Services and Benefits.--
            (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible 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.
            (2) Service area.--For the purpose of the delivery of 
        Federal services to tribal members, the service area of the 
        Tribe shall be considered to be the area comprised of New Kent 
        County, James City County, Charles City County, and Henrico 
        County, Virginia.

SEC. 224. MEMBERSHIP; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 225. GOVERNING BODY.

    The governing body of the Tribe shall be--
            (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
            (2) any subsequent governing body elected in accordance 
        with the election procedures specified in the governing 
        documents of the Tribe.

SEC. 226. RESERVATION OF THE TRIBE.

    (a) In General.--Upon the request of the Tribe, the Secretary of 
the Interior--
            (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007, if such lands are located within the 
        boundaries of New Kent County, James City County, Charles City 
        County, or Henrico County, Virginia; and
            (2) may take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe, if such lands are located within 
        the boundaries of New Kent County, James City County, Charles 
        City County, or Henrico County, Virginia.
    (b) Deadline for Determination.--The Secretary shall make a final 
written determination not later than three years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit 
of the Tribe pursuant to this paragraph shall, upon request of the 
Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a 
matter of claimed inherent authority or under the authority of any 
Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.) or under any regulations thereunder promulgated by the 
Secretary or the National Indian Gaming Commission.

SEC. 227. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

    Nothing in this subtitle expands, reduces, or affects in any manner 
any hunting, fishing, trapping, gathering, or water rights of the Tribe 
and members of the Tribe.

                   Subtitle C--Upper Mattaponi Tribe

SEC. 231. FINDINGS.

    Congress finds that--
            (1) during the period of 1607 through 1646, the 
        Chickahominy Indian Tribes--
                    (A) lived approximately 20 miles from Jamestown; 
                and
                    (B) were significantly involved in English-Indian 
                affairs;
            (2) Mattaponi Indians, who later joined the Chickahominy 
        Indians, lived a greater distance from Jamestown;
            (3) in 1646, the Chickahominy Indians moved to Mattaponi 
        River basin, away from the English;
            (4) in 1661, the Chickahominy Indians sold land at a place 
        known as ``the cliffs'' on the Mattaponi River;
            (5) in 1669, the Chickahominy Indians--
                    (A) appeared in the Virginia Colony's census of 
                Indian bowmen; and
                    (B) lived in ``New Kent'' County, which included 
                the Mattaponi River basin at that time;
            (6) in 1677, the Chickahominy and Mattaponi Indians were 
        subjects of the Queen of Pamunkey, who was a signatory to the 
        Treaty of 1677 with the King of England;
            (7) in 1683, after a Mattaponi town was attacked by Seneca 
        Indians, the Mattaponi Indians took refuge with the 
        Chickahominy Indians, and the history of the 2 groups was 
        intertwined for many years thereafter;
            (8) in 1695, the Chickahominy and Mattaponi Indians--
                    (A) were assigned a reservation by the Virginia 
                Colony; and
                    (B) traded land of the reservation for land at the 
                place known as ``the cliffs'' (which, as of the date of 
                enactment of this Act, is the Mattaponi Indian 
                Reservation), which had been owned by the Mattaponi 
                Indians before 1661;
            (9) in 1711, a Chickahominy boy attended the Indian School 
        at the College of William and Mary;
            (10) in 1726, the Virginia Colony discontinued funding of 
        interpreters for the Chickahominy and Mattaponi Indian Tribes;
            (11) James Adams, who served as an interpreter to the 
        Indian tribes known as of the date of enactment of this Act as 
        the ``Upper Mattaponi Indian Tribe'' and ``Chickahominy Indian 
        Tribe'', elected to stay with the Upper Mattaponi Indians;
            (12) today, a majority of the Upper Mattaponi Indians have 
        ``Adams'' as their surname;
            (13) in 1787, Thomas Jefferson, in Notes on the 
        Commonwealth of Virginia, mentioned the Mattaponi Indians on a 
        reservation in King William County and said that Chickahominy 
        Indians were ``blended'' with the Mattaponi Indians and nearby 
        Pamunkey Indians;
            (14) in 1850, the census of the United States revealed a 
        nucleus of approximately 10 families, all ancestral to modern 
        Upper Mattaponi Indians, living in central King William County, 
        Virginia, approximately 10 miles from the reservation;
            (15) during the period of 1853 through 1884, King William 
        County marriage records listed Upper Mattaponis as ``Indians'' 
        in marrying people residing on the reservation;
            (16) during the period of 1884 through the present, county 
        marriage records usually refer to Upper Mattaponis as 
        ``Indians'';
            (17) in 1901, Smithsonian anthropologist James Mooney heard 
        about the Upper Mattaponi Indians but did not visit them;
            (18) in 1928, University of Pennsylvania anthropologist 
        Frank Speck published a book on modern Virginia Indians with a 
        section on the Upper Mattaponis;
            (19) from 1929 until 1930, the leadership of the Upper 
        Mattaponi Indians opposed the use of a ``colored'' designation 
        in the 1930 United States census and won a compromise in which 
        the Indian ancestry of the Upper Mattaponis was recorded but 
        questioned;
            (20) during the period of 1942 through 1945--
                    (A) the leadership of the Upper Mattaponi Indians, 
                with the help of Frank Speck and others, fought against 
                the induction of young men of the Tribe into 
                ``colored'' units in the Armed Forces of the United 
                States; and
                    (B) a tribal roll for the Upper Mattaponi Indians 
                was compiled;
            (21) from 1945 to 1946, negotiations took place to admit 
        some of the young people of the Upper Mattaponi to high schools 
        for Federal Indians (especially at Cherokee) because no high 
        school coursework was available for Indians in Virginia 
        schools; and
            (22) in 1983, the Upper Mattaponi Indians applied for and 
        won State recognition as an Indian tribe.

SEC. 232. DEFINITIONS.

    In this subtitle:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Tribal member.--The term ``tribal member'' means--
                    (A) an individual who is an enrolled member of the 
                Tribe as of the date of enactment of this Act; and
                    (B) an individual who has been placed on the 
                membership rolls of the Tribe in accordance with this 
                subtitle.
            (3) Tribe.--The term ``Tribe'' means the Upper Mattaponi 
        Tribe.

SEC. 233. FEDERAL RECOGNITION.

    (a) Federal Recognition.--
            (1) In general.--Federal recognition is extended to the 
        Tribe.
            (2) Applicability of laws.--All laws (including 
        regulations) of the United States of general applicability to 
        Indians or nations, Indian tribes, or bands of Indians 
        (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) 
        that are not inconsistent with this subtitle shall be 
        applicable to the Tribe and tribal members.
    (b) Federal Services and Benefits.--
            (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible for all 
        services and benefits provided by the Federal Government to 
        federally recognized Indian tribes without regard to the 
        existence of a reservation for the Tribe.
            (2) Service area.--For the purpose of the delivery of 
        Federal services to tribal members, the service area of the 
        Tribe shall be considered to be the area within 25 miles of the 
        Sharon Indian School at 13383 King William Road, King William 
        County, Virginia.

SEC. 234. MEMBERSHIP; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 235. GOVERNING BODY.

    The governing body of the Tribe shall be--
            (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
            (2) any subsequent governing body elected in accordance 
        with the election procedures specified in the governing 
        documents of the Tribe.

SEC. 236. RESERVATION OF THE TRIBE.

    (a) In General.--Upon the request of the Tribe, the Secretary of 
the Interior--
            (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007, if such lands are located within the 
        boundaries of King William County, Caroline County, Hanover 
        County, King and Queen County, and New Kent County, Virginia; 
        and
            (2) may take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe, if such lands are located within 
        the boundaries of King William County, Caroline County, Hanover 
        County, King and Queen County, and New Kent County, Virginia.
    (b) Deadline for Determination.--The Secretary shall make a final 
written determination not later than three years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit 
of the Tribe pursuant to this paragraph shall, upon request of the 
Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a 
matter of claimed inherent authority or under the authority of any 
Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.) or under any regulations thereunder promulgated by the 
Secretary or the National Indian Gaming Commission.

SEC. 237. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

    Nothing in this subtitle expands, reduces, or affects in any manner 
any hunting, fishing, trapping, gathering, or water rights of the Tribe 
and members of the Tribe.

                  Subtitle D--Rappahannock Tribe, Inc.

SEC. 241. FINDINGS.

    Congress finds that--
            (1) during the initial months after Virginia was settled, 
        the Rappahannock Indians had 3 encounters with Captain John 
        Smith;
            (2) the first encounter occurred when the Rappahannock 
        weroance (headman)--
                    (A) traveled to Quiyocohannock (a principal town 
                across the James River from Jamestown), where he met 
                with Smith to determine whether Smith had been the 
                ``great man'' who had previously sailed into the 
                Rappahannock River, killed a Rappahannock weroance, and 
                kidnapped Rappahannock people; and
                    (B) determined that Smith was too short to be that 
                ``great man'';
            (3) 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'';
            (4) a third meeting took place during Smith's exploration 
        of the Chesapeake Bay (July to September 1608), when, after the 
        Moraughtacund Indians had stolen 3 women from the Rappahannock 
        King, Smith was prevailed upon to facilitate a peaceful truce 
        between the Rappahannock and the Moraughtacund Indians;
            (5) in the settlement, Smith had the 2 Indian tribes meet 
        on the spot of their first fight;
            (6) when it was established that both groups wanted peace, 
        Smith told the Rappahannock King to select which of the 3 
        stolen women he wanted;
            (7) the Moraughtacund King was given second choice among 
        the 2 remaining women, and Mosco, a Wighcocomoco (on the 
        Potomac River) guide, was given the third woman;
            (8) in 1645, Captain William Claiborne tried unsuccessfully 
        to establish treaty relations with the Rappahannocks, as 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 
        Pamunkeys'';
            (9) in April 1651, the Rappahannocks conveyed a tract of 
        land to an English settler, Colonel Morre Fauntleroy;
            (10) the deed for the conveyance was signed by Accopatough, 
        weroance of the Rappahannock Indians;
            (11) in September 1653, Lancaster County signed a treaty 
        with Rappahannock Indians, the terms of which treaty--
                    (A) gave Rappahannocks the rights of Englishmen in 
                the county court; and
                    (B) attempted to make the Rappahannocks more 
                accountable under English law;
            (12) in September 1653, Lancaster County defined and marked 
        the bounds of its Indian settlements;
            (13) according to the Lancaster clerk of court, ``the tribe 
        called the great Rappahannocks lived on the Rappahannock Creek 
        just across the river above Tappahannock'';
            (14) in September 1656, (Old) Rappahannock County (which, 
        as of the date of enactment of this Act, is comprised of 
        Richmond and Essex Counties, Virginia) signed a treaty with 
        Rappahannock Indians that--
                    (A) mirrored the Lancaster County treaty from 1653; 
                and
                    (B) stated that--
                            (i) Rappahannocks were to be rewarded, in 
                        Roanoke, for returning English fugitives; and
                            (ii) the English encouraged the 
                        Rappahannocks to send their children to live 
                        among the English as servants, who the English 
                        promised would be well-treated;
            (15) 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'';
            (16) in 1669, the colony conducted a census of Virginia 
        Indians;
            (17) as of the date of that census--
                    (A) the majority of the Rappahannocks were residing 
                at their hunting village on the north side of the 
                Mattaponi River; and
                    (B) at the time of the visit, census-takers were 
                counting only the Indian tribes along the rivers, which 
                explains why only 30 Rappahannock bowmen were counted 
                on that river;
            (18) the Rappahannocks used the hunting village on the 
        north side of the Mattaponi River as their primary residence 
        until the Rappahannocks were removed in 1684;
            (19) in May 1677, the Treaty of Middle Plantation was 
        signed with England;
            (20) the Pamunkey Queen Cockacoeske signed on behalf of the 
        Rappahannocks, ``who were supposed to be her tributaries'', but 
        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'';
            (21) in November 1682, the Virginia Colonial Council 
        established a reservation for the Rappahannock Indians of 3,474 
        acres ``about the town where they dwelt'';
            (22) the Rappahannock ``town'' was the hunting village on 
        the north side of the Mattaponi River, where the Rappahannocks 
        had lived throughout the 1670s;
            (23) the acreage allotment of the reservation was based on 
        the 1658 Indian land act, which translates into a bowman 
        population of 70, or an approximate total Rappahannock 
        population of 350;
            (24) 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;
            (25) between 1687 and 1699, the Rappahannocks migrated out 
        of Nanzatico, returning to the south side of the Rappahannock 
        River at Portobacco Indian Town;
            (26) 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 where they settled along the ridgeline between the 
        Rappahannock and Mattaponi Rivers, the site of their ancient 
        hunting village and 1682 reservation;
            (27) during the 1760s, 3 Rappahannock girls were raised on 
        Thomas Nelson's Bleak Hill Plantation in King William County;
            (28) of those girls--
                    (A) one married a Saunders man;
                    (B) one married a Johnson man; and
                    (C) one had 2 children, Edmund and Carter Nelson, 
                fathered by Thomas Cary Nelson;
            (29) in the 19th century, those Saunders, Johnson, and 
        Nelson families are among the core Rappahannock families from 
        which the modern Tribe traces its descent;
            (30) in 1819 and 1820, Edward Bird, John Bird (and his 
        wife), Carter Nelson, Edmund Nelson, and Carter Spurlock (all 
        Rappahannock ancestors) were listed on the tax roles of King 
        and Queen County and taxed at the county poor rate;
            (31) Edmund Bird was added to the tax roles in 1821;
            (32) those tax records are significant documentation 
        because the great majority of pre-1864 records for King and 
        Queen County were destroyed by fire;
            (33) beginning in 1819, and continuing through the 1880s, 
        there was a solid Rappahannock presence in the membership at 
        Upper Essex Baptist Church;
            (34) that was the first instance of conversion to 
        Christianity by at least some Rappahannock Indians;
            (35) while twenty-six identifiable and traceable 
        Rappahannock surnames appear on the pre-1863 membership list, 
        and twenty-eight were listed on the 1863 membership roster, the 
        number of surnames listed had declined to twelve in 1878 and 
        had risen only slightly to fourteen by 1888;
            (36) a reason for the decline is that 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;
            (37) Mastin referred to the Rappahannocks during the period 
        of 1850 to 1870 as ``Indians, having a great need for moral and 
        Christian guidance'';
            (38) St. Stephens was the dominant tribal church until the 
        Rappahannock Indian Baptist Church was established in 1964;
            (39) at both churches, the core Rappahannock family names 
        of Bird, Clarke, Fortune, Johnson, Nelson, Parker, and 
        Richardson predominate;
            (40) during the early 1900s, James Mooney, noted 
        anthropologist, maintained correspondence with the 
        Rappahannocks, surveying them and instructing them on how to 
        formalize their tribal government;
            (41) in November 1920, Speck visited the Rappahannocks and 
        assisted them in organizing the fight for their sovereign 
        rights;
            (42) in 1921, the Rappahannocks were granted a charter from 
        the Commonwealth of Virginia formalizing their tribal 
        government;
            (43) Speck began a professional relationship with the Tribe 
        that would last more than 30 years and document Rappahannock 
        history and traditions as never before;
            (44) in April 1921, Rappahannock Chief George Nelson asked 
        the Governor of Virginia, Westmoreland Davis, to forward a 
        proclamation to the President of the United States, along with 
        an appended list of tribal members and a handwritten copy of 
        the proclamation itself;
            (45) the letter concerned Indian freedom of speech and 
        assembly nationwide;
            (46) in 1922, the Rappahannocks established a formal school 
        at Lloyds, Essex County, Virginia;
            (47) prior to establishment of the school, Rappahannock 
        children were taught by a tribal member in Central Point, 
        Caroline County, Virginia;
            (48) in December 1923, Rappahannock Chief George Nelson 
        testified before Congress appealing for a $50,000 appropriation 
        to establish an Indian school in Virginia;
            (49) 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;
            (50) in January 1930, Rappahannock Chief Otho S. Nelson 
        wrote to Leon Truesdell, Chief Statistician of the United 
        States Census Bureau, asking that the 218 enrolled 
        Rappahannocks be listed as Indians;
            (51) in February 1930, Truesdell replied to Nelson saying 
        that ``special instructions'' were being given about 
        classifying Indians;
            (52) in April 1930, Nelson wrote to William M. Steuart at 
        the Census Bureau asking about the enumerators' failure to 
        classify his people as Indians, saying that enumerators had not 
        asked the question about race when they interviewed his people;
            (53) in a followup letter to Truesdell, Nelson reported 
        that the enumerators were ``flatly denying'' his people's 
        request to be listed as Indians and that the race question was 
        completely avoided during interviews;
            (54) the Rappahannocks had spoken with Caroline and Essex 
        County enumerators, and with John M.W. Green at that point, 
        without success;
            (55) Nelson asked Truesdell to list people as Indians if he 
        sent a list of members;
            (56) the matter was settled by William Steuart, who 
        concluded that the Bureau's rule was that people of Indian 
        descent could be classified as ``Indian'' only if Indian 
        ``blood'' predominated and ``Indian'' identity was accepted in 
        the local community;
            (57) 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;
            (58) therefore, in 1925, the Indian Rights Association took 
        on the Rappahannock case to assist the Rappahannocks in 
        fighting for their recognition and rights as an Indian tribe;
            (59) during the Second World War, the Pamunkeys, 
        Mattaponis, Chickahominies, and Rappahannocks had to fight the 
        draft boards with respect to their racial identities;
            (60) the Virginia Vital Statistics Bureau insisted that 
        certain Indian draftees be inducted into Negro units;
            (61) finally, 3 Rappahannocks were convicted of violating 
        the Federal draft laws and, after spending time in a Federal 
        prison, were granted conscientious objector status and served 
        out the remainder of the war working in military hospitals;
            (62) 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, 
        including the Rappahannocks;
            (63) in the 1940s, Leon Truesdell, Chief Statistician, of 
        the United States Census Bureau, listed 118 members in the 
        Rappahannock Tribe in the Indian population of Virginia;
            (64) on April 25, 1940, the Office of Indian Affairs of the 
        Department of the Interior included the Rappahannocks on a list 
        of Indian tribes classified by State and by agency;
            (65) in 1948, the Smithsonian Institution Annual Report 
        included an article by William Harlen Gilbert entitled, 
        ``Surviving Indian Groups of the Eastern United States'', which 
        included and described the Rappahannock Tribe;
            (66) in the late 1940s and early 1950s, the Rappahannocks 
        operated a school at Indian Neck;
            (67) 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;
            (68) in 1965, Rappahannock students entered Marriott High 
        School (a White public school) by executive order of the 
        Governor of Virginia;
            (69) in 1972, the Rappahannocks worked with the Coalition 
        of Eastern Native Americans to fight for Federal recognition;
            (70) in 1979, the Coalition established a pottery and 
        artisans company, operating with other Virginia tribes;
            (71) in 1980, the Rappahannocks received funding through 
        the Administration for Native Americans of the Department of 
        Health and Human Services to develop an economic program for 
        the Tribe; and
            (72) in 1983, the Rappahannocks received State recognition 
        as an Indian tribe.

SEC. 242. DEFINITIONS.

    In this subtitle:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Tribal member.--The term ``tribal member'' means--
                    (A) an individual who is an enrolled member of the 
                Tribe as of the date of enactment of this Act; and
                    (B) an individual who has been placed on the 
                membership rolls of the Tribe in accordance with this 
                subtitle.
            (3) Tribe.--
                    (A) In general.--The term ``Tribe'' means the 
                organization possessing the legal name Rappahannock 
                Tribe, Inc.
                    (B) Exclusions.--The term ``Tribe'' does not 
                include any other Indian tribe, subtribe, band, or 
                splinter group the members of which represent 
                themselves as Rappahannock Indians.

SEC. 243. FEDERAL RECOGNITION.

    (a) Federal Recognition.--
            (1) In general.--Federal recognition is extended to the 
        Tribe.
            (2) Applicability of laws.--All laws (including 
        regulations) of the United States of general applicability to 
        Indians or nations, Indian tribes, or bands of Indians 
        (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) 
        that are not inconsistent with this subtitle shall be 
        applicable to the Tribe and tribal members.
    (b) Federal Services and Benefits.--
            (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible for all 
        services and benefits provided by the Federal Government to 
        federally recognized Indian tribes without regard to the 
        existence of a reservation for the Tribe.
            (2) Service area.--For the purpose of the delivery of 
        Federal services to tribal members, the service area of the 
        Tribe shall be considered to be the area comprised of King and 
        Queen County, Caroline County, Essex County, and King William 
        County, Virginia.

SEC. 244. MEMBERSHIP; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 245. GOVERNING BODY.

    The governing body of the Tribe shall be--
            (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
            (2) any subsequent governing body elected in accordance 
        with the election procedures specified in the governing 
        documents of the Tribe.

SEC. 246. RESERVATION OF THE TRIBE.

    (a) In General.--Upon the request of the Tribe, the Secretary of 
the Interior--
            (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007, if such lands are located within the 
        boundaries of King and Queen County, Stafford County, 
        Spotsylvania County, Richmond County, Essex County, and 
        Caroline County, Virginia; and
            (2) may take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe, if such lands are located within 
        the boundaries of King and Queen County, Richmond County, 
        Lancaster County, King George County, Essex County, Caroline 
        County, New Kent County, King William County, and James City 
        County, Virginia.
    (b) Deadline for Determination.--The Secretary shall make a final 
written determination not later than three years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit 
of the Tribe pursuant to this paragraph shall, upon request of the 
Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a 
matter of claimed inherent authority or under the authority of any 
Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.) or under any regulations thereunder promulgated by the 
Secretary or the National Indian Gaming Commission.

SEC. 247. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

    Nothing in this subtitle expands, reduces, or affects in any manner 
any hunting, fishing, trapping, gathering, or water rights of the Tribe 
and members of the Tribe.

                   Subtitle E--Monacan Indian Nation

SEC. 251. FINDINGS.

    Congress finds that--
            (1) in 1677, the Monacan Tribe signed the Treaty of Middle 
        Plantation between Charles II of England and 12 Indian ``Kings 
        and Chief Men'';
            (2) in 1722, in the Treaty of Albany, Governor Spotswood 
        negotiated to save the Virginia Indians from extinction at the 
        hands of the Iroquois;
            (3) specifically mentioned in the negotiations were the 
        Monacan tribes of the Totero (Tutelo), Saponi, Ocheneeches 
        (Occaneechi), Stengenocks, and Meipontskys;
            (4) in 1790, the first national census recorded Benjamin 
        Evans and Robert Johns, both ancestors of the present Monacan 
        community, listed as ``white'' with mulatto children;
            (5) in 1782, tax records also began for those families;
            (6) in 1850, the United States census recorded 29 families, 
        mostly large, with Monacan surnames, the members of which are 
        genealogically related to the present community;
            (7) in 1870, a log structure was built at the Bear Mountain 
        Indian Mission;
            (8) in 1908, the structure became an Episcopal Mission and, 
        as of the date of enactment of this Act, the structure is 
        listed as a landmark on the National Register of Historic 
        Places;
            (9) in 1920, 304 Amherst Indians were identified in the 
        United States census;
            (10) from 1930 through 1931, numerous letters from Monacans 
        to the Bureau of the Census resulted from the decision of Dr. 
        Walter Plecker, former head of the Bureau of Vital Statistics 
        of the Commonwealth of Virginia, not to allow Indians to 
        register as Indians for the 1930 census;
            (11) the Monacans eventually succeeded in being allowed to 
        claim their race, albeit with an asterisk attached to a note 
        from Dr. Plecker stating that there were no Indians in 
        Virginia;
            (12) 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;
            (13) that letter was forwarded to the Department of the 
        Interior, Office of Indian Affairs, Chicago, Illinois;
            (14) Chief Jarrett Blythe of the Eastern Band of Cherokee 
        did visit the Mission and wrote that he ``would be willing to 
        accept these children in the Cherokee school'';
            (15) in 1979, a Federal Coalition of Eastern Native 
        Americans established the entity known as ``Monacan Co-
        operative Pottery'' at the Amherst Mission;
            (16) some important pieces were produced at Monacan Co-
        operative Pottery, including a piece that was sold to the 
        Smithsonian Institution;
            (17) the Mattaponi-Pamunkey-Monacan Consortium, established 
        in 1981, has since been organized as a nonprofit corporation 
        that serves as a vehicle to obtain funds for those Indian 
        tribes from the Department of Labor under Native American 
        programs;
            (18) in 1989, the Monacan Tribe was recognized by the 
        Commonwealth of Virginia, which enabled the Tribe to apply for 
        grants and participate in other programs; and
            (19) in 1993, the Monacan Tribe received tax-exempt status 
        as a nonprofit corporation from the Internal Revenue Service.

SEC. 252. DEFINITIONS.

    In this subtitle:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Tribal member.--The term ``tribal member'' means--
                    (A) an individual who is an enrolled member of the 
                Tribe as of the date of enactment of this Act; and
                    (B) an individual who has been placed on the 
                membership rolls of the Tribe in accordance with this 
                subtitle.
            (3) Tribe.--The term ``Tribe'' means the Monacan Indian 
        Nation.

SEC. 253. FEDERAL RECOGNITION.

    (a) Federal Recognition.--
            (1) In general.--Federal recognition is extended to the 
        Tribe.
            (2) Applicability of laws.--All laws (including 
        regulations) of the United States of general applicability to 
        Indians or nations, Indian tribes, or bands of Indians 
        (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) 
        that are not inconsistent with this subtitle shall be 
        applicable to the Tribe and tribal members.
    (b) Federal Services and Benefits.--
            (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible for all 
        services and benefits provided by the Federal Government to 
        federally recognized Indian tribes without regard to the 
        existence of a reservation for the Tribe.
            (2) Service area.--For the purpose of the delivery of 
        Federal services to tribal members, the service area of the 
        Tribe shall be considered to be the area comprised of all land 
        within 25 miles from the center of Amherst, Virginia.

SEC. 254. MEMBERSHIP; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 255. GOVERNING BODY.

    The governing body of the Tribe shall be--
            (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
            (2) any subsequent governing body elected in accordance 
        with the election procedures specified in the governing 
        documents of the Tribe.

SEC. 256. RESERVATION OF THE TRIBE.

    (a) In General.--Upon the request of the Tribe, the Secretary of 
the Interior--
            (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007, if such lands are located within the 
        boundaries of Amherst County, Virginia; and
            (2) may take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe, if such lands are located within 
        the boundaries of Amherst County, Virginia, and those parcels 
        in Rockbridge County, Virginia (subject to the consent of the 
        local unit of government), owned by Mr. J. Poole, described as 
        East 731 Sandbridge (encompassing approximately 4.74 acres) and 
        East 731 (encompassing approximately 5.12 acres).
    (b) Deadline for Determination.--The Secretary shall make a final 
written determination not later than three years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit 
of the Tribe pursuant to this paragraph shall, upon request of the 
Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a 
matter of claimed inherent authority or under the authority of any 
Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.) or under any regulations thereunder promulgated by the 
Secretary or the National Indian Gaming Commission.

SEC. 257. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

    Nothing in this subtitle expands, reduces, or affects in any manner 
any hunting, fishing, trapping, gathering, or water rights of the Tribe 
and members of the Tribe.

                   Subtitle F--Nansemond Indian Tribe

SEC. 261. FINDINGS.

    Congress finds that--
            (1) from 1607 until 1646, Nansemond Indians--
                    (A) lived approximately 30 miles from Jamestown; 
                and
                    (B) were significantly involved in English-Indian 
                affairs;
            (2) after 1646, there were 2 sections of Nansemonds in 
        communication with each other, the Christianized Nansemonds in 
        Norfolk County, who lived as citizens, and the traditionalist 
        Nansemonds, who lived further west;
            (3) in 1638, according to an entry in a 17th century sermon 
        book still owned by the Chief's family, a Norfolk County 
        Englishman married a Nansemond woman;
            (4) that man and woman are lineal ancestors of all of 
        members of the Nansemond Indian tribe alive as of the date of 
        enactment of this Act, as are some of the traditionalist 
        Nansemonds;
            (5) in 1669, the 2 Nansemond sections appeared in Virginia 
        Colony's census of Indian bowmen;
            (6) in 1677, Nansemond Indians were signatories to the 
        Treaty of 1677 with the King of England;
            (7) in 1700 and 1704, the Nansemonds and other Virginia 
        Indian tribes were prevented by Virginia Colony from making a 
        separate peace with the Iroquois;
            (8) Virginia represented those Indian tribes in the final 
        Treaty of Albany, 1722;
            (9) in 1711, a Nansemond boy attended the Indian School at 
        the College of William and Mary;
            (10) in 1727, Norfolk County granted William Bass and his 
        kinsmen the ``Indian privileges'' of clearing swamp land and 
        bearing arms (which privileges were forbidden to other non-
        Whites) because of their Nansemond ancestry, which meant that 
        Bass and his kinsmen were original inhabitants of that land;
            (11) in 1742, Norfolk County issued a certificate of 
        Nansemond descent to William Bass;
            (12) from the 1740s to the 1790s, the traditionalist 
        section of the Nansemond tribe, 40 miles west of the 
        Christianized Nansemonds, was dealing with reservation land;
            (13) the last surviving members of that section sold out in 
        1792 with the permission of the Commonwealth of Virginia;
            (14) in 1797, Norfolk County issued a certificate stating 
        that William Bass was of Indian and English descent, and that 
        his Indian line of ancestry ran directly back to the early 18th 
        century elder in a traditionalist section of Nansemonds on the 
        reservation;
            (15) in 1833, Virginia enacted a law enabling people of 
        European and Indian descent to obtain a special certificate of 
        ancestry;
            (16) the law originated from the county in which Nansemonds 
        lived, and mostly Nansemonds, with a few people from other 
        counties, took advantage of the new law;
            (17) a Methodist mission established around 1850 for 
        Nansemonds is currently a standard Methodist congregation with 
        Nansemond members;
            (18) in 1901, Smithsonian anthropologist James Mooney--
                    (A) visited the Nansemonds; and
                    (B) completed a tribal census that counted 61 
                households and was later published;
            (19) in 1922, Nansemonds were given a special Indian school 
        in the segregated school system of Norfolk County;
            (20) the school survived only a few years;
            (21) in 1928, University of Pennsylvania anthropologist 
        Frank Speck published a book on modern Virginia Indians that 
        included a section on the Nansemonds; and
            (22) the Nansemonds were organized formally, with elected 
        officers, in 1984, and later applied for and received State 
        recognition.

SEC. 262. DEFINITIONS.

    In this subtitle:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Tribal member.--The term ``tribal member'' means--
                    (A) an individual who is an enrolled member of the 
                Tribe as of the date of enactment of this Act; and
                    (B) an individual who has been placed on the 
                membership rolls of the Tribe in accordance with this 
                subtitle.
            (3) Tribe.--The term ``Tribe'' means the Nansemond Indian 
        Tribe.

SEC. 263. FEDERAL RECOGNITION.

    (a) Federal Recognition.--
            (1) In general.--Federal recognition is extended to the 
        Tribe.
            (2) Applicability of laws.--All laws (including 
        regulations) of the United States of general applicability to 
        Indians or nations, Indian tribes, or bands of Indians 
        (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) 
        that are not inconsistent with this subtitle shall be 
        applicable to the Tribe and tribal members.
    (b) Federal Services and Benefits.--
            (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible for all 
        services and benefits provided by the Federal Government to 
        federally recognized Indian tribes without regard to the 
        existence of a reservation for the Tribe.
            (2) Service area.--For the purpose of the delivery of 
        Federal services to tribal members, the service area of the 
        Tribe shall be considered to be the area comprised of the 
        cities of Chesapeake, Hampton, Newport News, Norfolk, 
        Portsmouth, Suffolk, and Virginia Beach, Virginia.

SEC. 264. MEMBERSHIP; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 265. GOVERNING BODY.

    The governing body of the Tribe shall be--
            (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
            (2) any subsequent governing body elected in accordance 
        with the election procedures specified in the governing 
        documents of the Tribe.

SEC. 266. RESERVATION OF THE TRIBE.

    (a) In General.--Upon the request of the Tribe, the Secretary of 
the Interior--
            (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007, if such lands are located within the 
        boundaries of the city of Suffolk, the city of Chesapeake, or 
        Isle of Wight County, Virginia; and
            (2) may take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe, if such lands are located within 
        the boundaries of the city of Suffolk, the city of Chesapeake, 
        or Isle of Wight County, Virginia.
    (b) Deadline for Determination.--The Secretary shall make a final 
written determination not later than three years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit 
of the Tribe pursuant to this paragraph shall, upon request of the 
Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a 
matter of claimed inherent authority or under the authority of any 
Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.) or under any regulations thereunder promulgated by the 
Secretary or the National Indian Gaming Commission.

SEC. 267. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

    Nothing in this subtitle expands, reduces, or affects in any manner 
any hunting, fishing, trapping, gathering, or water rights of the Tribe 
and members of the Tribe.

           TITLE III--LITTLE SHELL TRIBE OF CHIPPEWA INDIANS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Little Shell Tribe of Chippewa 
Indians Restoration Act of 2016''.

SEC. 302. FINDINGS.

    Congress finds that--
            (1) the Little Shell Tribe of Chippewa Indians is a 
        political successor to signatories of the Pembina Treaty of 
        1863, under which a large area of land in the State of North 
        Dakota was ceded to the United States;
            (2) the Turtle Mountain Band of Chippewa of North Dakota 
        and the Chippewa-Cree Tribe of the Rocky Boy's Reservation of 
        Montana, which also are political successors to the signatories 
        of the Pembina Treaty of 1863, have been recognized by the 
        Federal Government as distinct Indian tribes;
            (3) the members of the Little Shell Tribe continue to live 
        in the State of Montana, as their ancestors have for more than 
        100 years since ceding land in the State of North Dakota as 
        described in paragraph (1);
            (4) in the 1930s and 1940s, the Tribe repeatedly petitioned 
        the Federal Government for reorganization under the Act of June 
        18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the 
        ``Indian Reorganization Act'');
            (5) Federal agents who visited the Tribe and Commissioner 
        of Indian Affairs John Collier attested to the responsibility 
        of the Federal Government for the Tribe and members of the 
        Tribe, concluding that members of the Tribe are eligible for, 
        and should be provided with, trust land, making the Tribe 
        eligible for reorganization under the Act of June 18, 1934 (25 
        U.S.C. 461 et seq.) (commonly known as the ``Indian 
        Reorganization Act'');
            (6) due to a lack of Federal appropriations during the 
        Depression, the Bureau of Indian Affairs lacked adequate 
        financial resources to purchase land for the Tribe, and the 
        members of the Tribe were denied the opportunity to reorganize;
            (7) in spite of the failure of the Federal Government to 
        appropriate adequate funding to secure land for the Tribe as 
        required for reorganization under the Act of June 18, 1934 (25 
        U.S.C. 461 et seq.) (commonly known as the ``Indian 
        Reorganization Act''), the Tribe continued to exist as a 
        separate community, with leaders exhibiting clear political 
        authority;
            (8) the Tribe, together with the Turtle Mountain Band of 
        Chippewa of North Dakota and the Chippewa-Cree Tribe of the 
        Rocky Boy's Reservation of Montana, filed 2 lawsuits under the 
        Act of August 13, 1946 (60 Stat. 1049) (commonly known as the 
        ``Indian Claims Commission Act''), to petition for additional 
        compensation for land ceded to the United States under the 
        Pembina Treaty of 1863 and the McCumber Agreement of 1892;
            (9) in 1971 and 1982, pursuant to Acts of Congress, the 
        tribes received awards for the claims described in paragraph 
        (8);
            (10) in 1978, the Tribe submitted to the Bureau of Indian 
        Affairs a petition for Federal recognition, which is still 
        pending as of the date of enactment of this Act; and
            (11) the Federal Government, the State of Montana, and the 
        other federally recognized Indian tribes of the State have had 
        continuous dealings with the recognized political leaders of 
        the Tribe since the 1930s.

SEC. 303. DEFINITIONS.

    In this title:
            (1) Member.--The term ``member'' means an individual who is 
        enrolled in the Tribe pursuant to section 307.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Tribe.--The term ``Tribe'' means the Little Shell Tribe 
        of Chippewa Indians of Montana.

SEC. 304. FEDERAL RECOGNITION.

    (a) In General.--Federal recognition is extended to the Tribe.
    (b) Effect of Federal Laws.--Except as otherwise provided in this 
title, all Federal laws (including regulations) of general application 
to Indians and Indian tribes, including the Act of June 18, 1934 (25 
U.S.C. 461 et seq.) (commonly known as the ``Indian Reorganization 
Act''), shall apply to the Tribe and members.

SEC. 305. FEDERAL SERVICES AND BENEFITS.

    (a) In General.--Beginning on the date of enactment of this Act, 
the Tribe and each member shall be eligible for all services and 
benefits provided by the United States to Indians and federally 
recognized Indian tribes, without regard to--
            (1) the existence of a reservation for the Tribe; or
            (2) the location of the residence of any member on or near 
        an Indian reservation.
    (b) Service Area.--For purposes of the delivery of services and 
benefits to members, the service area of the Tribe shall be considered 
to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties 
in the State of Montana.

SEC. 306. REAFFIRMATION OF RIGHTS.

    (a) In General.--Nothing in this title diminishes any right or 
privilege of the Tribe or any member that existed before the date of 
enactment of this Act.
    (b) Claims of Tribe.--Except as otherwise provided in this title, 
nothing in this title alters or affects any legal or equitable claim of 
the Tribe to enforce any right or privilege reserved by, or granted to, 
the Tribe that was wrongfully denied to, or taken from, the Tribe 
before the date of enactment of this Act.

SEC. 307. MEMBERSHIP ROLL.

    (a) In General.--As a condition of receiving recognition, services, 
and benefits pursuant to this title, the Tribe shall submit to the 
Secretary, by not later than 18 months after the date of enactment of 
this Act, a membership roll consisting of the name of each individual 
enrolled as a member of the Tribe.
    (b) Determination of Membership.--The qualifications for inclusion 
on the membership roll of the Tribe shall be determined in accordance 
with sections 1 through 3 of article 5 of the constitution of the Tribe 
dated September 10, 1977 (including amendments to the constitution).
    (c) Maintenance of Roll.--The Tribe shall maintain the membership 
roll under this section.

SEC. 308. TRANSFER OF LAND.

    (a) Homeland.--The Secretary shall acquire, for the benefit of the 
Tribe, trust title to 200 acres of land within the service area of the 
Tribe to be used for a tribal land base.
    (b) Additional Land.--The Secretary may acquire additional land for 
the benefit of the Tribe pursuant to section 5 of the Act of June 18, 
1934 (25 U.S.C. 465) (commonly known as the ``Indian Reorganization 
Act'').
                                                 Union Calendar No. 663

114th CONGRESS

  2d Session

                               H. R. 3764

                          [Report No. 114-847]

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                                 A BILL

 To provide that an Indian group may receive Federal acknowledgment as 
  an Indian tribe only by an Act of Congress, and for other purposes.

_______________________________________________________________________

                            December 7, 2016

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed