[Congressional Record Volume 153, Number 75 (Tuesday, May 8, 2007)]
[House]
[Pages H4592-H4607]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THOMASINA E. JORDAN INDIAN TRIBES OF VIRGINIA FEDERAL RECOGNITION ACT
OF 2007
Mr. RAHALL. Mr. Speaker, pursuant to House Resolution 377, I call up
the bill (H.R. 1294) to extend Federal recognition to the Chickahominy
Indian Tribe, the Chickahominy Indian Tribe-Eastern Division, the Upper
Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian
Nation, and the Nansemond Indian Tribe, and ask for its immediate
consideration.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1294
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Thomasina
E. Jordan Indian Tribes of Virginia Federal Recognition Act
of 2006''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--CHICKAHOMINY INDIAN TRIBE
Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Federal recognition.
Sec. 104. Membership; governing documents.
Sec. 105. Governing body.
Sec. 106. Reservation of the Tribe.
Sec. 107. Hunting, fishing, trapping, gathering, and water rights.
TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION
Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Federal recognition.
Sec. 204. Membership; governing documents.
Sec. 205. Governing body.
Sec. 206. Reservation of the Tribe.
Sec. 207. Hunting, fishing, trapping, gathering, and water rights.
TITLE III--UPPER MATTAPONI TRIBE
Sec. 301. Findings.
Sec. 302. Definitions.
Sec. 303. Federal recognition.
Sec. 304. Membership; governing documents.
Sec. 305. Governing body.
Sec. 306. Reservation of the Tribe.
Sec. 307. Hunting, fishing, trapping, gathering, and water rights.
TITLE IV--RAPPAHANNOCK TRIBE, INC.
Sec. 401. Findings.
Sec. 402. Definitions.
Sec. 403. Federal recognition.
Sec. 404. Membership; governing documents.
Sec. 405. Governing body.
Sec. 406. Reservation of the Tribe.
Sec. 407. Hunting, fishing, trapping, gathering, and water rights.
TITLE V--MONACAN INDIAN NATION
Sec. 501. Findings.
Sec. 502. Definitions.
Sec. 503. Federal recognition.
Sec. 504. Membership; governing documents.
Sec. 505. Governing body.
Sec. 506. Reservation of the Tribe.
Sec. 507. Hunting, fishing, trapping, gathering, and water rights.
TITLE VI--NANSEMOND INDIAN TRIBE
Sec. 601. Findings.
Sec. 602. Definitions.
Sec. 603. Federal recognition.
Sec. 604. Membership; governing documents.
Sec. 605. Governing body.
Sec. 606. Reservation of the Tribe.
Sec. 607. Hunting, fishing, trapping, gathering, and water rights.
TITLE I--CHICKAHOMINY INDIAN TRIBE
SEC. 101. FINDINGS.
Congress finds that--
(1) in 1607, when the English settlers set shore along the
Virginia coastline, the Chickahominy Indian Tribe was 1 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 1 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;
[[Page H4593]]
(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. 102. DEFINITIONS.
In this title:
(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 title.
(3) Tribe.--The term ``Tribe'' means the Chickahominy
Indian Tribe.
SEC. 103. 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 title 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--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(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. 104. 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. 105. 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. 106. RESERVATION OF THE TRIBE.
(a) In General.--Notwithstanding any other provision of
law, if, not later than 25 years after the date of enactment
of this Act, the Tribe transfers to the Secretary land within
the boundaries of New Kent County, James City County, Charles
City County, or Henrico County, Virginia, the Secretary shall
take the land into trust for the benefit of the Tribe.
(b) Gaming.--
(1) Gaming.--No reservation or tribal land or land taken
into trust for the benefit of the Tribe or a member of the
Tribe shall be eligible to satisfy the terms for an exception
under section 20(b)(1)(B) of the Indian Gaming Regulatory Act
(25 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on
land acquired by the Secretary in trust for the benefit of an
Indian tribe after October 17, 1988, under section 20(a) of
that Act (25 U.S.C. 2719(a)).
(2) Approval of compacts.--No compact for class III gaming
shall be valid unless approved or ratified by the Virginia
General Assembly.
SEC. 107. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION
SEC. 201. FINDINGS.
Congress finds that--
(1) in 1607, when the English settlers set shore along the
Virginia coastline, the Chickahominy Indian Tribe was 1 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 1 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;
[[Page H4594]]
(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. 202. DEFINITIONS.
In this title:
(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 title.
(3) Tribe.--The term ``Tribe'' means the Chickahominy
Indian Tribe--Eastern Division.
SEC. 203. 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 title 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--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(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. 204. 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. 205. 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. 206. RESERVATION OF THE TRIBE.
(a) In General.--Notwithstanding any other provision of
law, if, not later than 25 years after the date of enactment
of this Act, the Tribe transfers to the Secretary any land
within the boundaries of New Kent County, James City County,
Charles City County, or Henrico County, Virginia, the
Secretary shall take the land into trust for the benefit of
the Tribe.
(b) Gaming.--
(1) Gaming.--No reservation or tribal land or land taken
into trust for the benefit of the Tribe or a member of the
Tribe shall be eligible to satisfy the terms for an exception
under section 20(b)(1)(B) of the Indian Gaming Regulatory Act
(25 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on
land acquired by the Secretary in trust for the benefit of an
Indian tribe after October 17, 1988, under section 20(a) of
that Act (25 U.S.C. 2719(a)).
(2) Approval of compacts.--No compact for class III gaming
shall be valid unless approved or ratified by the Virginia
General Assembly.
SEC. 207. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
TITLE III--UPPER MATTAPONI TRIBE
SEC. 301. 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. 302. DEFINITIONS.
In this title:
(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 title.
(3) Tribe.--The term ``Tribe'' means the Upper Mattaponi
Tribe.
SEC. 303. 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 title 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--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(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.
[[Page H4595]]
SEC. 304. 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. 305. 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. 306. RESERVATION OF THE TRIBE.
(a) In General.--Notwithstanding any other provision of
law, if, not later than 25 years after the date of enactment
of this Act, the Tribe transfers to the Secretary land within
the boundaries of King William County, Caroline County,
Hanover County, King and Queen County, and New Kent County,
Virginia, the Secretary shall take the land into trust for
the benefit of the Tribe.
(b) Gaming.--
(1) Gaming.--No reservation or tribal land or land taken
into trust for the benefit of the Tribe or a member of the
Tribe shall be eligible to satisfy the terms for an exception
under section 20(b)(1)(B) of the Indian Gaming Regulatory Act
(25 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on
land acquired by the Secretary in trust for the benefit of an
Indian tribe after October 17, 1988, under section 20(a) of
that Act (25 U.S.C. 2719(a)).
(2) Approval of compacts.--No compact for class III gaming
shall be valid unless approved or ratified by the Virginia
General Assembly.
SEC. 307. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
TITLE IV--RAPPAHANNOCK TRIBE, INC.
SEC. 401. 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) 1 married a Saunders man;
(B) 1 married a Johnson man; and
(C) 1 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 26 identifiable and traceable Rappahannock
surnames appear on the pre-1863 membership list, and 28 were
listed on the 1863 membership roster, the number of surnames
listed had declined to 12 in 1878 and had risen only slightly
to 14 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 1900's, 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;
[[Page H4596]]
(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. 402. DEFINITIONS.
In this title:
(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 title.
(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. 403. 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 title 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--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(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, Spotsylvania
County, Stafford County, and Richmond County, Virginia.
SEC. 404. 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. 405. 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. 406. RESERVATION OF THE TRIBE.
(a) In General.--Notwithstanding any other provision of
law, if, not later than 25 years after the date of enactment
of this Act, the Tribe transfers to the Secretary land within
the boundaries of King and Queen County, Stafford County,
Spotsylvania County, Richmond County, Essex County, and
Caroline County, Virginia, the Secretary shall take the land
into trust for the benefit of the Tribe.
(b) Gaming.--
(1) Gaming.--No reservation or tribal land or land taken
into trust for the benefit of the Tribe or a member of the
Tribe shall be eligible to satisfy the terms for an exception
under section 20(b)(1)(B) of the Indian Gaming Regulatory Act
(25 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on
land acquired by the Secretary in trust for the benefit of an
Indian tribe after October 17, 1988, under section 20(a) of
that Act (25 U.S.C. 2719(a)).
(2) Approval of compacts.--No compact for class III gaming
shall be valid unless approved or ratified by the Virginia
General Assembly.
SEC. 407. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
TITLE V--MONACAN INDIAN NATION
SEC. 501. FINDINGS.
Congress finds that--
(1) In 1677, the Monacan Tribe signed the Treaty of Middle
Plantation between Charles II of England and 12 Indian
``Kings and Chief Men'';
(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
[[Page H4597]]
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 State 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 State
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. 502. DEFINITIONS.
In this title:
(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 title.
(3) Tribe.--The term ``Tribe'' means the Monacan Indian
Nation.
SEC. 503. 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 title 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--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(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. 504. 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. 505. GOVERNING BODY.
The governing body of the Tribe shall be--
(1) the governing body of the Tribe in place as of the date
of enactment of this Act; or
(2) any subsequent governing body elected in accordance
with the election procedures specified in the governing
documents of the Tribe.
SEC. 506. RESERVATION OF THE TRIBE.
(a) In General.--Notwithstanding any other provision of
law, if, not later than 25 years after the date of enactment
of this Act, the Tribe transfers to the Secretary any land
within the boundaries of Amherst County, Virginia, the
Secretary shall take the land into trust for the benefit of
the Tribe.
(b) Gaming.--
(1) Gaming.--No reservation or tribal land or land taken
into trust for the benefit of the Tribe or a member of the
Tribe shall be eligible to satisfy the terms for an exception
under section 20(b)(1)(B) of the Indian Gaming Regulatory Act
(25 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on
land acquired by the Secretary in trust for the benefit of an
Indian tribe after October 17, 1988, under section 20(a) of
that Act (25 U.S.C. 2719(a)).
(2) Approval of compacts.--No compact for class III gaming
shall be valid unless approved or ratified by the Virginia
General Assembly.
SEC. 507. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
TITLE VI--NANSEMOND INDIAN TRIBE
SEC. 601. 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
nonwhites) because of their Nansemond ancestry, which meant
that Bass and his kinsmen were original inhabitants of that
land;
(11) in 1742, Norfolk County issued a 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 State 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. 602. DEFINITIONS.
In this title:
(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 title.
(3) Tribe.--The term ``Tribe'' means the Nansemond Indian
Tribe.
SEC. 603. 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 title 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--
(A) the existence of a reservation for the Tribe; or
[[Page H4598]]
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(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. 604. 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. 605. GOVERNING BODY.
The governing body of the Tribe shall be--
(1) the governing body of the Tribe in place as of the date
of enactment of this Act; or
(2) any subsequent governing body elected in accordance
with the election procedures specified in the governing
documents of the Tribe.
SEC. 606. RESERVATION OF THE TRIBE.
(a) In General.--Notwithstanding any other provision of
law, if, not later than 25 years after the date of enactment
of this Act, the Tribe transfers any land within the
boundaries of the city of Suffolk, the city of Chesapeake, or
Isle of Wight County, Virginia, the Secretary shall take the
land into trust for the benefit of the Tribe.
(b) Gaming.--
(1) Gaming.--No reservation or tribal land or land taken
into trust for the benefit of the Tribe or a member of the
Tribe shall be eligible to satisfy the terms for an exception
under section 20(b)(1)(B) of the Indian Gaming Regulatory Act
(25 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on
land acquired by the Secretary in trust for the benefit of an
Indian tribe after October 17, 1988, under section 20(a) of
that Act (25 U.S.C. 2719(a)).
(2) Approval of compacts.--No compact for class III gaming
shall be valid unless approved or ratified by the Virginia
General Assembly.
SEC. 607. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
The SPEAKER pro tempore. Pursuant to House Resolution 377, the
amendment in the nature of a substitute printed in the bill, modified
by the amendments printed in House Report 110-130, is adopted and the
bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 1294
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Thomasina
E. Jordan Indian Tribes of Virginia Federal Recognition Act
of 2007''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--CHICKAHOMINY INDIAN TRIBE
Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Federal recognition.
Sec. 104. Membership; governing documents.
Sec. 105. Governing body.
Sec. 106. Reservation of the Tribe.
Sec. 107. Hunting, fishing, trapping, gathering, and water rights.
TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION
Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Federal recognition.
Sec. 204. Membership; governing documents.
Sec. 205. Governing body.
Sec. 206. Reservation of the Tribe.
Sec. 207. Hunting, fishing, trapping, gathering, and water rights.
TITLE III--UPPER MATTAPONI TRIBE
Sec. 301. Findings.
Sec. 302. Definitions.
Sec. 303. Federal recognition.
Sec. 304. Membership; governing documents.
Sec. 305. Governing body.
Sec. 306. Reservation of the Tribe.
Sec. 307. Hunting, fishing, trapping, gathering, and water rights.
TITLE IV--RAPPAHANNOCK TRIBE, INC.
Sec. 401. Findings.
Sec. 402. Definitions.
Sec. 403. Federal recognition.
Sec. 404. Membership; governing documents.
Sec. 405. Governing body.
Sec. 406. Reservation of the Tribe.
Sec. 407. Hunting, fishing, trapping, gathering, and water rights.
TITLE V--MONACAN INDIAN NATION
Sec. 501. Findings.
Sec. 502. Definitions.
Sec. 503. Federal recognition.
Sec. 504. Membership; governing documents.
Sec. 505. Governing body.
Sec. 506. Reservation of the Tribe.
Sec. 507. Hunting, fishing, trapping, gathering, and water rights.
TITLE VI--NANSEMOND INDIAN TRIBE
Sec. 601. Findings.
Sec. 602. Definitions.
Sec. 603. Federal recognition.
Sec. 604. Membership; governing documents.
Sec. 605. Governing body.
Sec. 606. Reservation of the Tribe.
Sec. 607. Hunting, fishing, trapping, gathering, and water rights.
TITLE I--CHICKAHOMINY INDIAN TRIBE
SEC. 101. FINDINGS.
Congress finds that--
(1) in 1607, when the English settlers set shore along the
Virginia coastline, the Chickahominy Indian Tribe was 1 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 1 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
[[Page H4599]]
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. 102. DEFINITIONS.
In this title:
(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 title.
(3) Tribe.--The term ``Tribe'' means the Chickahominy
Indian Tribe.
SEC. 103. 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 title 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--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(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. 104. 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. 105. 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. 106. RESERVATION OF THE TRIBE.
(a) In General.--Fee lands which the Tribe seeks to convey
to the United States to be held in trust shall be considered
by the Secretary of the Interior under part 151 of title 25
of the Code of Federal Regulations (or a successor
regulation) if such lands are located within the boundaries
of New Kent County, James City County, Charles City County,
or Henrico County, Virginia. The Secretary shall make a final
determination within three years of the date which the tribe
submits a request for land to be taken into trust. Any land
taken into trust for the benefit of the Tribe pursuant to
this paragraph shall be considered part of the reservation of
the Tribe.
(b) 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. 107. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
SEC. _08. JURISDICTION OF STATE OF VIRGINIA.
(a) In General.--The State of Virginia shall exercise
jurisdiction over--
(1) all criminal offenses that are committed on; and
(2) all civil actions that arise on,
lands located within the State of Virginia that are owned by,
or held in trust by the United States for, the Tribe.
(b) Acceptance of State Jurisdiction by Secretary.--The
Secretary of the Interior is authorized to accept on behalf
of the United States, after consulting with the Attorney
General of the United States, all or any portion of the
jurisdiction of the State of Virginia described in subsection
(a) upon verification by the Secretary of a certification by
a tribe that it possesses the capacity to reassume such
jurisdiction.
TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION
SEC. 201. FINDINGS.
Congress finds that--
(1) in 1607, when the English settlers set shore along the
Virginia coastline, the Chickahominy Indian Tribe was 1 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 1 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. 202. DEFINITIONS.
In this title:
(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 title.
(3) Tribe.--The term ``Tribe'' means the Chickahominy
Indian Tribe--Eastern Division.
SEC. 203. 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 title 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--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(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. 204. 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. 205. GOVERNING BODY.
The governing body of the Tribe shall be--
[[Page H4600]]
(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. 206. RESERVATION OF THE TRIBE.
(a) In General.--Fee lands which the Tribe seeks to convey
to the United States to be held in trust shall be considered
by the Secretary of the Interior under part 151 of title 25
of the Code of Federal Regulations (or a successor
regulation) if such lands are located within the boundaries
of New Kent County, James City County, Charles City County,
or Henrico County, Virginia. The Secretary shall make a final
determination within three years of the date which the tribe
submits a request for land to be taken into trust. Any land
taken into trust for the benefit of the Tribe pursuant to
this paragraph shall be considered part of the reservation of
the Tribe.
(b) 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. 207. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
SEC. _08. JURISDICTION OF STATE OF VIRGINIA.
(a) In General.--The State of Virginia shall exercise
jurisdiction over--
(1) all criminal offenses that are committed on; and
(2) all civil actions that arise on,
lands located within the State of Virginia that are owned by,
or held in trust by the United States for, the Tribe.
(b) Acceptance of State Jurisdiction by Secretary.--The
Secretary of the Interior is authorized to accept on behalf
of the United States, after consulting with the Attorney
General of the United States, all or any portion of the
jurisdiction of the State of Virginia described in subsection
(a) upon verification by the Secretary of a certification by
a tribe that it possesses the capacity to reassume such
jurisdiction.
TITLE III--UPPER MATTAPONI TRIBE
SEC. 301. 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. 302. DEFINITIONS.
In this title:
(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 title.
(3) Tribe.--The term ``Tribe'' means the Upper Mattaponi
Tribe.
SEC. 303. 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 title 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--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(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. 304. 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. 305. 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. 306. RESERVATION OF THE TRIBE.
(a) In General.--Fee lands which the Tribe seeks to convey
to the United States to be held in trust shall be considered
by the Secretary of the Interior under part 151 of title 25
of the Code of Federal Regulations (or a successor
regulation) 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. The
Secretary shall make a final determination within three years
of the date which the tribe submits a request for land to be
taken into trust. Any land taken into trust for the benefit
of the Tribe pursuant to this paragraph shall be considered
part of the reservation of the Tribe.
(b) 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. 307. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
SEC._08. JURISDICTION OF STATE OF VIRGINIA.
(a) In General.--The State of Virginia shall exercise
jurisdiction over--
(1) all criminal offenses that are committed on; and
(2) all civil actions that arise on,
lands located within the State of Virginia that are owned
by, or held in trust by the United States for, the Tribe.
(b) Acceptance of State Jurisdiction by Secretary.--The
Secretary of the Interior is authorized to accept on behalf
of the United States, after consulting with the Attorney
General of the United States, all or any portion of the
jurisdiction of the State of Virginia described in subsection
(a) upon verification by the Secretary of a certification by
a tribe that it possesses the capacity to reassume such
jurisdiction.
[[Page H4601]]
TITLE IV--RAPPAHANNOCK TRIBE, INC.
SEC. 401. 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) 1 married a Saunders man;
(B) 1 married a Johnson man; and
(C) 1 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 26 identifiable and traceable Rappahannock
surnames appear on the pre-1863 membership list, and 28 were
listed on the 1863 membership roster, the number of surnames
listed had declined to 12 in 1878 and had risen only slightly
to 14 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 1900's, 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
[[Page H4602]]
``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. 402. DEFINITIONS.
In this title:
(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 title.
(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. 403. 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 title 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--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(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, Spotsylvania
County, Stafford County, and Richmond County, Virginia.
SEC. 404. 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. 405. 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. 406. RESERVATION OF THE TRIBE.
(a) In General.--Fee lands which the Tribe seeks to convey
to the United States to be held in trust shall be considered
by the Secretary of the Interior under part 151 of title 25
of the Code of Federal Regulations (or a successor
regulation) 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. The Secretary shall make a final determination
within three years of the date which the tribe submits a
request for land to be taken into trust. Any land taken into
trust for the benefit of the Tribe pursuant to this paragraph
shall be considered part of the reservation of the Tribe.
(b) 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. 407. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
SEC._08. JURISDICTION OF STATE OF VIRGINIA.
(a) In General.--The State of Virginia shall exercise
jurisdiction over--
(1) all criminal offenses that are committed on; and
(2) all civil actions that arise on,
lands located within the State of Virginia that are owned by,
or held in trust by the United States for, the Tribe.
(b) Acceptance of State Jurisdiction by Secretary.--The
Secretary of the Interior is authorized to accept on behalf
of the United States, after consulting with the Attorney
General of the United States, all or any portion of the
jurisdiction of the State of Virginia described in subsection
(a) upon verification by the Secretary of a certification by
a tribe that it possesses the capacity to reassume such
jurisdiction.
TITLE V--MONACAN INDIAN NATION
SEC. 501. FINDINGS.
Congress finds that--
(1) In 1677, the Monacan Tribe signed the Treaty of Middle
Plantation between Charles II of England and 12 Indian
``Kings and Chief Men'';
(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 State 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
[[Page H4603]]
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 State
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. 502. DEFINITIONS.
In this title:
(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 title.
(3) Tribe.--The term ``Tribe'' means the Monacan Indian
Nation.
SEC. 503. 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 title 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--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(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. 504. 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. 505. GOVERNING BODY.
The governing body of the Tribe shall be--
(1) the governing body of the Tribe in place as of the date
of enactment of this Act; or
(2) any subsequent governing body elected in accordance
with the election procedures specified in the governing
documents of the Tribe.
SEC. 506. RESERVATION OF THE TRIBE.
(a) In General.--Fee lands which the Tribe seeks to convey
to the United States to be held in trust shall be considered
by the Secretary of the Interior under part 151 of title 25
of the Code of Federal Regulations (or a successor
regulation) if such lands are located within the boundaries
of Amherst County, Virginia. The Secretary shall make a final
determination within three years of the date which the tribe
submits a request for land to be taken into trust. Any land
taken into trust for the benefit of the Tribe pursuant to
this paragraph shall be considered part of the reservation of
the Tribe.
(b) 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. 507. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
SEC._08. JURISDICTION OF STATE OF VIRGINIA.
(a) In General.--The State of Virginia shall exercise
jurisdiction over--
(1) all criminal offenses that are committed on; and
(2) all civil actions that arise on,
lands located within the State of Virginia that are owned by,
or held in trust by the United States for, the Tribe.
(b) Acceptance of State Jurisdiction by Secretary.--The
Secretary of the Interior is authorized to accept on behalf
of the United States, after consulting with the Attorney
General of the United States, all or any portion of the
jurisdiction of the State of Virginia described in subsection
(a) upon verification by the Secretary of a certification by
a tribe that it possesses the capacity to reassume such
jurisdiction.
TITLE VI--NANSEMOND INDIAN TRIBE
SEC. 601. FINDINGS.
Congress finds that--
(1) from 1607 until 1646, Nansemond 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
nonwhites) because of their Nansemond ancestry, which meant
that Bass and his kinsmen were original inhabitants of that
land;
(11) in 1742, Norfolk County issued a 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 State 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. 602. DEFINITIONS.
In this title:
(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 title.
(3) Tribe.--The term ``Tribe'' means the Nansemond Indian
Tribe.
SEC. 603. 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 title 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--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any tribal member on
or near any Indian reservation.
(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,
[[Page H4604]]
Portsmouth, Suffolk, and Virginia Beach, Virginia.
SEC. 604. MEMBERSHIP; GOVERNING DOCUMENTS.
The membership roll and governing documents of the Tribe
shall be the most recent membership roll and governing
documents, respectively, submitted by the Tribe to the
Secretary before the date of enactment of this Act.
SEC. 605. GOVERNING BODY.
The governing body of the Tribe shall be--
(1) the governing body of the Tribe in place as of the date
of enactment of this Act; or
(2) any subsequent governing body elected in accordance
with the election procedures specified in the governing
documents of the Tribe.
SEC. 606. RESERVATION OF THE TRIBE.
(a) In General.--Fee lands which the Tribe seeks to convey
to the United States to be held in trust shall be considered
by the Secretary of the Interior under part 151 of title 25
of the Code of Federal Regulations (or a successor
regulation) if such lands are located within the boundaries
of the city of Suffolk, the city of Chesapeake, or Isle of
Wight County, Virginia. The Secretary shall make a final
determination within three years of the date which the tribe
submits a request for land to be taken into trust. Any land
taken into trust for the benefit of the Tribe pursuant to
this paragraph shall be considered part of the reservation of
the Tribe.
(b) 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. 607. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER
RIGHTS.
Nothing in this title expands, reduces, or affects in any
manner any hunting, fishing, trapping, gathering, or water
rights of the Tribe and members of the Tribe.
SEC. _08. JURISDICTION OF STATE OF VIRGINIA.
(a) In General.--The State of Virginia shall exercise
jurisdiction over--
(1) all criminal offenses that are committed on;
and
(2) all civil actions that arise on, lands located within
the State of Virginia that are owned by, or held in trust by
the United States for, the Tribe.
(b) Acceptance of State Jurisdiction by Secretary.--The
Secretary of the Interior is authorized to accept on behalf
of the United States, after consulting with the Attorney
General of the United States, all or any portion of the
jurisdiction of the State of Virginia described in subsection
(a) upon verification by the Secretary of a certification by
a tribe that it possesses the capacity to reassume such
jurisdiction.
The SPEAKER pro tempore. The gentleman from West Virginia (Mr.
Rahall) and the gentleman from Alaska (Mr. Young) each will control 30
minutes.
The Chair recognizes the gentleman from West Virginia.
General Leave
Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on H.R. 1294.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from West Virginia?
There was no objection.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
(Mr. RAHALL asked and was given permission to revise and extend his
remarks.)
Mr. RAHALL. Mr. Speaker, to my colleagues on both sides of the aisle
I would observe that this is one of those rare moments in this body
when history itself seems to hold its breath.
We are here today 400 years after the first English settlers landed
in what became Jamestown, Virginia, to finally acknowledge a
government-to-government relationship with some of the Indian tribes
who greeted those early settlers. Reflect upon that for a moment. The
ancestors of the members of these Indian tribes were there 400 years
ago at Jamestown and facilitated the very founding and early
development of this Nation. Spanning the entire history of this Nation,
they have been here, and they have endured extreme adversity.
These Indian tribes have taken part in ceremonies with the visiting
Queen of England commemorating this 400th anniversary of the
establishment of Jamestown, and they are a vital part of the official
activities continuing this week.
I can think of no better time than this week for Congress to step up
to its responsibility by using its constitutional authority to
acknowledge these Indian tribes. Simply put, the pending legislation
would extend Federal recognition to six Indian tribes located within
the Commonwealth of Virginia.
It is sponsored by our colleague Jim Moran of Virginia and enjoys
bipartisan support, including Virginia Representatives Bobby Scott, Jo
Ann Davis and Tom Davis. I, too, am a cosponsor of H.R. 1294, and I am
pleased that the Natural Resources ranking republican member with us
today, Mr. Don Young, is also a strong supporter.
Importantly, both former Virginia Governors George Allen and Mark
Warner, as well as current Governor Tim Kaine, have endorsed the
tribes' recognition and status as sovereign governments. The Virginia
Council of Churches supports the measure as well.
The authority to recognize a government-to-government relationship
with an Indian tribe is a very solemn one for the Congress. It is
necessary in this case because the members of these six tribes have
faced hundreds of years of discrimination, abuse, and outright attempts
to extinguish their very existence and rob them of their heritage.
From 1912 to 1947, Dr. Walter Plecker, a white supremacist, set out
to rid the Commonwealth of Virginia of any records that proved the
existence of Indians or Indian tribes. He was instrumental in ensuring
passage of the Racial Integrity Act in 1924, making it illegal for
individuals to classify themselves or their newborn children as
``Indian.'' But it went further than that, spending decades changing
the race designation on birth certificates and other legal documents
from ``Indian'' to ``colored,'' ``Negro,'' or ``free issue.''
Throughout it all, the Virginia Indians did not break, but they held
firm to their culture and to their identity.
I would note that this bill is named for Thomasina ``Red Hawk Woman''
Jordan, whose lifelong pursuit of advancing Native American rights
encompassed ensuring the promise of education for all Indians and
securing Federal recognition of Virginia Indian tribes.
The pending measure was reported by the Natural Resources Committee
by voice vote.
To address claims that the tribes are only interested in Federal
recognition so that they may conduct gaming, all six tribes supported
an outright gaming prohibition which was included in this bill. This
gaming prohibition precludes the Virginia tribes from engaging in,
licensing or regulating gambling pursuant to the Indian Gaming
Regulatory Act on their lands.
In closing, I would like to pay special homage to the gentleman from
Virginia (Mr. Moran) who has spent several years tirelessly working to
achieve Federal recognition for Virginia's First Americans. He,
Representative Bobby Scott and others I mentioned, Tom Davis and Jo Ann
Davis, have been before our Committee on Natural Resources and
testified on this issue, and I salute their superb leadership as well.
It is because of this dedication to this issue that this legislation
is before us today during this historic occasion marking the 400th
anniversary of Jamestown. It is time to put this issue to rest and do
the right thing by extending Federal recognition to these tribes.
I urge all my colleagues to join me in supporting the pending
measure.
Mr. Speaker, I reserve the balance of my time.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Mr. Speaker, as the gentleman from West Virginia
said, I do support H.R. 1294. This bill and prior versions have been in
the works over the last several Congresses. This bill is long overdue.
We have heard arguments saying that we should let the tribes undergo
the Federal acknowledgment process at the Department of the Interior.
This would be a reasonable argument except for the fact that the
Department's process is not specifically authorized by Congress. The
intentions behind the creation of the process in 1978 were honorable
enough, and perhaps compelling tribes to use this process is
appropriate in certain cases.
But it is a fact that the Department has not always abided by its own
process in extending the recognition, or failing to extend recognition,
to some legitimate tribes. It is a fact that the administrative process
is bogged down
[[Page H4605]]
with hundreds of petitions, many of which are not filed by tribes that
can demonstrate the history of the six Virginia tribes.
In the hearings held on this bill, the committee has heard convincing
testimony describing the rich but sometimes sad history of the six
Virginia tribes. I do not need to repeat the detailed history starting
with Pocahontas and Captain John Smith. We have heard a lot of that
recently.
What matters is whether or not the evidence presented to the Congress
demonstrates a continuous existence of a distinct Indian community from
the time of European contact to the present. And in this, the six group
petitioners in H.R. 1294 pass the test with flying colors.
This legislation enjoys broad support throughout the Commonwealth of
Virginia. I would specifically point to the efforts of the gentlewoman
from Virginia (Mrs. Jo Ann Davis) who has been an untiring advocate for
recognizing the Rappahannock tribe, which is in her district. She is
the sponsor of H.R. 106, a bill to recognize this tribe. She is also
cosponsoring the bill before us today.
Her support, as well as the support of the elected officials of
Virginia, is critical. Local knowledge and interaction with the tribes
is a key consideration. We are obligated to weigh this very heavily in
our deliberations over this bill. We have an obligation to defer to the
judgment of the Members when bills affecting their constituents are at
stake.
One of the few points of opposition to H.R. 1294 concerns the issue
of gaming. The bill contains a strict prohibition on any gaming in
Virginia. I do not think it is fair to limit tribal sovereignty in this
way. It is unfair to view recognition through the prism of Indian
gaming.
However, the committee made its decision to defer to some Members of
the Virginia delegation on this issue, and I reluctantly supported an
amendment to add the gaming measure.
Therefore, I trust that H.R. 1294 will pass the House with a strong
majority today, and I urge my colleagues to give their Virginia tribes
their due.
I would like to also recognize Mr. Moran who has done an outstanding
job on this issue and has been a great promoter. I always admire those,
although not in his district, that have stepped forth and carried this
torch on that side of the aisle, and I do compliment him on that
effort.
Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I recognized the tremendous efforts of Mr.
Moran of Virginia in my opening comments, and I know he spoke on the
rule on this issue, but I now recognize him again, the gentleman from
Virginia, Mr. Jim Moran, for 7 minutes.
Mr. MORAN of Virginia. Mr. Speaker, I thank very much my very good
friend Chairman Rahall. He has shown a lot of courage and also caring
and sensitivity to the situation that confronts these particular Indian
tribes. I see my good friend Mr. Scott from Virginia, as well, who will
speak to this and my good friend, the ranking minority member, Mr. Don
Young; and I thank him for stepping up on this, too. I know that his
words are deeply felt, and his support is deeply appreciated.
I also want to compliment the staff on both sides. They have done the
research. They have provided the accurate information; and without
that, there would be a lot of misimpressions that would be going around
the floor that could defeat this bill; but the facts are on our side,
and that is because particularly the very good, hardworking staff has
made sure that the facts have become public.
Let me share some of those facts with you. The argument is going to
be used that these tribes should go through the regular process at the
BIA, and the argument will be made that this just opens it up to
gambling and there is going to be another issue in terms of the
corruption that is inherent within casino gambling and so on.
The fact is that it would be virtually impossible for these Virginia
Indian tribes to provide the documentation that the Bureau of Indian
Affairs requires. This is a unique situation that does not apply in
other States because other States did not make it legal to go into
courthouses, local courthouses, throughout the State and destroy the
very documentation that is now necessary.
Now, of course, the Governor of Virginia and all the previous
Governors, including Senator Allen who specifically recognized these
Indian tribes when he was Governor, they have all acknowledged there is
no question these Indian tribes exist. In fact, they have the oldest
treaty that has been in existence in the United States, 1677, signed
with King Charles II.
{time} 1530
But, of course, that was before there was an American government;
and, as a result, ironically, we haven't specifically recognized these
Indians, because they have the oldest treaty. But these were the
Indians that enabled the Jamestown settlers to survive.
Here we are, the Queen is at the White House, and we are having all
this pomp and circumstance, and the very Indians that enabled it to
happen have not been recognized by our government and, in fact, have
been treated to some of the worst injustices across this land. From
1912 to 1946, their documents were deliberately destroyed.
In 1924, there was a Racial Integrity Act passed by a white
supremacist, Dr. Walter Plecker. He was head of the Department of Vital
Statistics, very politically powerful. And that, in effect, made it a
crime to be identified as an Indian. You had to check a box ``white''
or ``colored'' throughout the State in the parlance of that time.
My friend and colleague from Virginia knows what I mean, and he
believes it, because he knows Virginia history. Many of our colleagues,
though, might not believe that this could happen; and, yet, it did. It
was a penalty of a year of imprisonment for identifying oneself as an
American Indian. So they don't have the documentation. Bureau of Indian
Affairs would say, yes, we would recognize you, there is no question
you exist, but it won't be in your lifetime.
Well, 400 years. Isn't this time? Now, obviously, there has been a
lot of intermarriage, but the fact is, there are records, and we can
produce those records. But we don't have the time, and it doesn't seem
to be fair to force these Indian tribes through a process that may fail
only because of governmental action, a grossly unjust governmental
action.
So gambling is not an issue. These Indian tribes, even though they
should certainly be on a par with all other Indian tribes, have
compromised, have accepted language that prohibits them from being able
to gamble, even bingo. The State gets an enormous amount of money from
lottery, but they can't participate. They have accepted that. This is a
matter of pride for these Indians.
This is a matter of pride. These Native Americans want to be able to
tell their children, and their grandchildren, and their grandchildren,
in turn, their grandchildren, we were the ones that enabled the English
settlement to survive. We have a proud tradition. We were recognized by
the United States Congress.
Now, hopefully, at some point, the other compromise we have made in
terms of putting land into trust, that will be rectified, too, but
that's not going to be immediately put into trust. We compromised with
the communities; we have gone through all of the possible procedures
that might raise some objection to this.
Now, Members may come to the floor who, I suspect, have not read the
bill, with some objection. I don't think it's a matter of bias, but it
certainly is a matter of concern that there has been abuse on the part
of some lobbyists working with Indian tribes. We understand that.
But, gosh, this is a unique situation. This is a matter of injustice
that cries out to be rectified. This bill rectifies that injustice.
Hopefully we can do it in time for the actual date of the English
settlers landing at Jamestown. It's 400 years overdue.
Again, I thank the chairman, the ranking member, and I thank the
Speaker for the time. In advance, I thank my colleagues for doing the
right thing.
Mr. Speaker, if floor procedures were to permit, I would address the
members of the six Virginia tribes seeking Federal recognition.
I would say that I know their quest has been a long struggle to
assert their identity and their rights.
[[Page H4606]]
Despite centuries of racial hostility and coercion by the
Commonwealth of Virginia and others, they have refused to yield their
most basic human right and have suffered and lost much.
But, throughout the centuries you have retained your dignity and
supported your people.
When it appeared that no one else would, when little was available,
when even the doors of the public school house were closed to your
children, you have never yielded to those who said you didn't exist.
Mr. Speaker, I would say to the Virginia tribes that win or lose
today, you have already won by refusing to yield and by remaining true
and faithful to who you are.
I would also say that it has been an honor for me to have helped
carry this legislation.
While it is less than ideal, it moves you closer to the day our
national government recognizes you exist.
Mr. Speaker, as Member of this chamber know, the crafting of
congressional legislation is far from a perfect process. But, when it
speaks, it speaks with the people's voice.
Today, I encourage my colleagues to speak and finally affirm that the
Virginia tribes exist and deserve Federal recognition.
Mr. YOUNG of Alaska. Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Virginia (Mr. Scott), a cosponsor of this legislation,
who helped us tremendously in reaching the point where we are today.
Mr. SCOTT of Virginia. Mr. Speaker, I rise in support of H.R. 1294,
the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition
Act.
I want to thank my colleague from Virginia (Mr. Moran) for
introducing the bill, and the gentleman from West Virginia and the
gentleman from Alaska for their leadership and cooperation in bringing
the bill to the floor.
This year marks the 400th anniversary of the founding of Jamestown,
Virginia, the first permanent English settlement in North America.
Jamestown is the cornerstone of our great republic, and its success
relied heavily on the help of the indigenous people of Virginia.
Virginia's Native Americans played a critical role in helping the first
settlers of Jamestown survive the harsh conditions of the new world.
After the Jamestown colony weathered the first couple of years in the
new world, the colony expanded, and the English pushed further inland.
The same Native Americans that helped those first settlers were coerced
and pushed from their land without compensation. Treaties, many of
which precede our own Constitution, were often made in an effort to
compensate the Virginia Native Americans. But, unfortunately, as
history has shown, those treaties were rarely honored or upheld.
Like many other Native Americans, Virginia Indian tribes were
marginalized from society. They were deprived of their land, prevented
from getting an education and denied a role in our society. Virginia's
Native Americans were denied their very fundamental human rights and
the very freedoms and liberties enshrined in our own Constitution.
This bill on the House floor today will finally grant Federal
recognition to the Chickahominy Tribe, the Eastern Chickahominy Tribe,
the Upper Mattaponi Tribe, the Rappahannock Tribe, the Monacan Indian
Nation, and the Nansemond Tribe. The bill will ensure the rightful
status of Virginia's tribes in our Nation's history.
Federal recognition will also promote tribal economic development
that will allow Virginia's tribes to become self-sufficient. Those same
opportunities will allow Virginia's tribes to flourish culturally and
economically, and will lead to a brighter future for a whole new
generation.
We have waited too long to recognize Virginia's tribes. The time has
come for Congress to act. I urge my colleagues to support the bill.
Mr. YOUNG of Alaska. Mr. Speaker, I yield back the balance of my
time.
Mr. RAHALL. Mr. Speaker, in conclusion, I would observe that, before
the eastern counties of Virginia seceded from the Union at the start of
the Civil War, the legal western counties that are now West Virginia
were part of the Commonwealth of Virginia, so we, too, owe these tribes
our gratitude.
Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I rise in support of H.R.
1294, the Thomasina E. Jordan Indian Tribes of Virginia Federal
Recognition Act. I would like to thank Representative Moran for his
leadership, efforts and work, and also Chairman Rahall for bringing
this measure to the floor.
Several of the Virginia tribes are located within my congressional
district, and I am proud to be one of the primary cosponsors of this
historically significant legislation. As a former member of the
Virginia Council on Indians, it is important to me that the tribes who
were here before the English landing at Jamestown in 1607, receive all
the rights afforded other similarly situated Indian tribes.
Often in the face of discrimination and persecution, the Virginia
Indian community has strived for centuries to maintain their heritage
and culture. Between 1912 and 1946 the Bureau of Vital Statistics in
Virginia systematically erased all reference to Indians in public
records. Additionally, Virginia's Racial Integrity Act of 1924 required
all Indians to register as white or colored. These discriminatory
actions and laws essentially erased hundreds of years of Virginia
Indian dignity, heritage, and genealogy.
The members of these tribes have worked tirelessly and deserve
greater autonomy and control to deal with tribal housing, health care
and education. The six tribes were recognized by Virginia between 1983
and 1989. However, significant destruction of tribal records at the
hands of the Commonwealth of Virginia have made prompt recognition and
documentation through the Bureau of Indian Affairs' record intensive
bureaucratic process impossible.
I believe it is appropriate that Congress take steps to federally
recognize the Chickahominy, the Eastern Division Chickahominy, the
Upper Mattaponi, the Rappahannock, the Monacan Indian Nation, and the
Nansemond Indian Tribe.
It is appropriate as the Nation commemorates the 400th Anniversary of
the first permanent English settlement in the New World that Congress
officially recognizes the tribes who were here before Captain John
Smith set foot in America. I urge my colleagues to adopt this bill and
extend much deserved recognition to these Virginia tribes.
Mr. GOODLATTE. Mr. Speaker, I rise today regarding H.R. 1294, the
Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act
of 2007. While I support granting these six Virginia tribes Federal
recognition, I remain concerned about opening the door to casino-style
gaming in the Commonwealth of Virginia.
The Virginia tribes have always contended that they have no interest
in pursuing gaming. And I was encouraged when the Resources Committee
adopted an amendment to limit the tribes' ability to pursue gaming.
However, in recent days I have begun to hear murmurs that the language
is not as strong as we have been led to believe, and the tribes are
considering challenging the gaming limitation. I have always believed
the tribes when they have said they do not wish to pursue gambling, so
I hope that there is no truth to a challenge.
I believe it is the desire of this Congress that if challenged in
court, this language would be upheld, just as similar language was
upheld in Del Sur Pueblo v. The State of Texas, 69 Fed. App. 659.
However, I urge the Senate to look closely at this bill to see if this
language can be tightened and strengthened to further ensure that
casino-style gambling doe not come to the Commonwealth. We must ensure
that this bill, while well-intentioned, does not negatively affect
Virginia.
The Commonwealth of Virginia and the Nation should honor and
recognize these tribes. However, we must continue to look for a way to
grant them this recognition, without leaving our beautiful Commonwealth
open to the ill-effects of gambling.
Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise today to support this
bill to correct a long standing historical inequity.
H.R. 1294 would provide federal recognition to six American Indian
tribes in the Commonwealth of Virginia. With this formal recognition
our Government will extend to these tribes the respect, dignity and
benefits afforded to 562 other American Indian tribes.
Despite historical records documenting the existence of these tribes
dating back to the 1600s and formal recognition by the Commonwealth in
the 1980s, their efforts to receive Federal recognition have been
ongoing for decades.
While documents normally required by the Bureau of Indian Affairs are
missing or have been altered, this was not the fault or result of
tribal action. In 1997, Virginia passed legislation to correct these
historical records and in 1999 passed a resolution urging Congress to
grant these tribes Federal recognition.
This inequity should stand no longer. The Chickahominy Indian Tribe,
the Eastern Division of the Chickahominy Indian Tribe, the Upper
Mattaponi Tribe, the Rappahannock Tribe Inc., the Monacan Indian
Nation, and the Nansemond Indian Tribe deserve to be on equal footing
with other tribes in the United States. They would benefit greatly from
the ability to compete for educational programs, grants and other
federal services.
Mr. Speaker, this has gone on long enough. As we commemorate the
400th anniveary of
[[Page H4607]]
the founding of Jamestown and honor the history and courage that
experience entailed, let us also honor these Native Americans who have
persevered through a system of exclusion, by mandating Federal
recognition.
Mr. WOLF. Mr. Speaker, I'm going to vote for this bill because I
believe it represents a significant step forward in ensuring that the
Commonwealth's interests are safeguarded when it comes to preventing
casino-style gambling from coming to the state while providing full
Federal recognition to these six Virginia Tribes.
However, I hope the Senate will take a very careful look at it before
proceeding because I have already begun hearing rumors that attorneys
are being consulted about ways to overturn the limitation on tribal
gambling included in the legislation.
I believe the tribes when they say they aren't interested in pursuing
gambling. Nevertheless, I would be extremely disappointed if there is
any merit to the chatter I am hearing already--even before the bill
gets out of the House--about their interest in a court challenge of the
bill's gambling limitation. I certainly hope that's not true, and that
what I am hearing is simply rumor.
I also must admit that I am troubled by the fact the tribes have been
paying a lobbyist at least $80,000 for the past several years to
advance this legislation. I certainly hope that this bill isn't the
first step down the slippery slope we've been down before relating to
lobbying and tribal gambling.
In moving forward with approval of this legislation, I believe it is
important to underscore Congress' basis for this gambling limitation.
Under the bill, no Virginia Indian tribe or tribal member, if granted
Federal recognition by H.R. 1294, would have any greater rights to
gamble or conduct gambling operations under the laws of the
Commonwealth of Virginia than any other citizen of Virginia. Further,
it is the expectation of Congress that the language restricting
gambling operations by Indian tribes will be upheld if it is ever
challenged in court, just as similar language was upheld in Ysleta Del
Sur Pueblo v. the State of Texas, 69 Fed. App. 659. The Natural
Resources Committee testimony demonstrates Congress' basis for
including this limitation in the tribes' ability to engage in gambling.
In Narragansett Indian Tribe v. National Indian Gaming Commission,
332 U.S. App. D.C. 429, the United States Court of Appeals for the
District of Columbia Circuit applied the Supreme Court's rational basis
test from Morton v. Mancari, 417 U.S. 535 (1947), to determine that the
denial of gambling opportunities under the Indian Gaming Regulatory Act
to the Narragansett Tribe under the Rhode Island Indian Claims
Settlement Act did not violate the equal protection standards of the
Fifth Amendment. If the legislation before us today, H.R. 1294, is ever
challenged in court, a court should similarly find a rational basis for
this limitation.
Again, my concern is not with the Federal recognition of Virginia's
Indian tribes. It has always been with the explosive spread of gambling
and the potential for casino gambling to come to Virginia. No bill
should become law unless it protects the interests of the Commonwealth.
If casino gambling were to come to Virginia, it would open the door
to the myriad of financial and socials ills associated with gambling.
Virginia's tourism sector, its economy and its communities are some of
the strongest in the country. Places such as the Shenandoah Valley,
Williamsburg and Jamestown are national treasures which draw visitors
from all over the world. Small businesses thrive in Virginia. The
Commonwealth's reputation would be tarnished if it allowed casino-style
gambling within its borders.
As the author of legislation which created the National Gambling
Impact Study Commission that released its 2-year study in 1999, I know
firsthand about the devastating social and financial costs of gambling.
Crime. Prostitution. Corruption. Suicide. Destroyed families. Child and
spouse abuse. Bankruptcy.
This legislation, I believe, does shut the door on the opportunity
for these tribes to acquire land and eventually establish tribal
casinos. As I said, I know that the current tribal leadership has
indicated that they do not want to pursue gambling--and I believe they
are sincere. But what the leaders today say doesn't lock in the leaders
of tomorrow. I have already started to worry that future leadership of
the tribes will pursue establishing tribal casinos. I hope I am wrong.
Ms. HIRONO. Mr. Speaker I rise in support of H.R. 1294, the Tomasina
E. Jordon Indian Tribes of Virginia Federal Recognition Act of 2006.
This bill will confer long-delayed Federal recognition to the
Chickahominy Indian Tribe, the Chickahominy Indian Tribe Eastern
Division, the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the
Monacan Indian Nation, and Nansemond Indian Tribe.
The members of these tribes were thriving before the arrival of the
first European settlers. They entered into treaties with the settlers,
but as has happened all too often throughout Native American history,
they lost their lands to the newcomers.
In many cases, to correct the injustice, Congress recognized its
obligation to these Native Americans and funded programs benefiting
them, but without Federal recognition. This bill will finally begin to
make amends to these proud tribes by granting Federal recognition.
This bill will permit members enrolled as tribal members to receive
benefits applicable to Indians or nations, Indian tribes or bands of
Indians without regard to the existence of a reservation and regardless
of the location of the residence of any tribal member on or near any
Indian reservation. This is only fair. The physical location of any
member should not dictate whether he or she who may be otherwise
entitled to and in need of assistance, should receive benefits entitled
to the Tribe.
This bill also prohibits gaming on the tribal land. It permits the
Secretary of the Interior to take any land into trust for the benefit
of any member of the Tribe. The bill will finally grant the protections
and benefits long denied the six Indian tribes for want of Federal
recognition.
The experience of these tribes is similar to that of Native
Hawaiians. To correct the injustices suffered by the indigenous people
of Hawaii, my distinguished colleague from Hawaii, the Honorable Neil
Abercrombie, and I have introduced H.R. 505, which will lead to Federal
recognition of Native Hawaiians.
We believe that the time has long passed when all indigenous people
with similar histories of sovereignty lost and homelands taken are
recognized and afforded the protections they deserve pursuant to
Congress' plenary powers over Indian Commerce authorized by the
Constitution of the United States.
I strongly urge passage of this important legislation.
Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise today to support this
bill to correct a long-standing historical inequity.
H.R. 1294 would provide Federal recognition to six American Indian
tribes in the Commonwealth of Virginia. With this formal recognition
our Government will extend to these tribes the respect, dignity and
benefits afforded to 562 other American Indian tribes.
Despite historical records documenting the existence of these tribes
dating back to the 1600s and formal recognition by the Commonwealth in
the 1980s, their efforts to receive Federal recognition have been
ongoing for decades.
While documents normally required by the Bureau of Indian Affairs are
missing or have been altered, this was not the fault or result of
tribal action. In 1997, Virginia passed legislation to correct these
historical records and in 1999 passed a resolution urging Congress to
grant these tribes Federal recognition.
This inequity should stand no longer. The Chickahominy Indian Tribe,
the Eastern Division of the Chickahominy Indian Tribe, the Upper
Mattaponi Tribe, the Rappahannock Tribe Inc., the Monacan Indian
Nation, and the Nansemond Indian Tribe deserve to be on equal footing
with other tribes in the United States. They would benefit greatly from
the ability to compete for educational programs, grants and other
Federal services.
Mr. Speaker, this has gone on long enough. As we commemorate the
400th anniversary of the founding of Jamestown and honor the history
and courage that experience entailed, let us also honor these Native
Americans who have persevered through a system of exclusion, by
mandating Federal recognition.
Mr. RAHALL. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 377, the previous question is ordered on
the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, was read
the third time, and passed, and a motion to reconsider was laid on the
table.
____________________