[Congressional Record Volume 157, Number 26 (Thursday, February 17, 2011)]
[Senate]
[Pages S874-S882]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WEBB (for himself and Mr. Warner):
  S. 379. A bill 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; to the Committee on Indian 
Affairs.
  Mr. WEBB. Mr. President, I rise to reintroduce the Indian Tribes of 
Virginia Federal Recognition Act of 2011. This legislation passed the 
Senate Committee on Indian Affairs and the U.S. House of 
Representatives in 2009. It would grant Federal recognition to 6 Native 
American tribes from the Commonwealth of Virginia. I am pleased to be 
joined by Senator Mark Warner and in the U.S. House of Representatives 
Congressman Moran, Congressman Scott and Congressman Connolly, all of 
whom have been strong advocates for Virginia's Native American Tribes 
in past Congresses.
  The 6 Virginia tribes covered under this bill began seeking Federal 
recognition more than 15 years ago. They are the Chickahominy, 
Chickahominy Indian Tribe Eastern Division, the Upper Mattaponi, the 
Rappahannock, the Monacan, and the Nansemond Indian Tribe.
  The 6 Virginia Tribes covered in this legislation are the direct 
descendants of the tribes that helped ensure the survival of the first 
permanent English colony in the New World.
  These 6 tribes have received State recognition as early as 1983, and 
have received strong bipartisan support from the Virginia General 
Assembly for Federal recognition. It is appropriate for them to finally 
receive the Federal recognition that has been denied for far too long.
  I understand the reluctance from some in Congress to grant any Native 
American tribe Federal recognition through legislation rather than 
through the Bureau of Indian Affairs administrative process. I have not 
embraced this issue lightly, and agree in principle that Congress 
generally should not have to determine whether or not Native American 
tribes deserve Federal recognition.
  Within the last 2 years the BIA's Office of Federal Acknowledgment 
came

[[Page S875]]

out with new guidelines on implementing the criteria to determine 
Federal recognition. While I applaud improvements to the process, new 
guidelines still do not change the impact that racially hostile laws 
formerly in effect in Virginia had on these tribes' ability to meet the 
BIA's seven established recognition criteria.
  Virginia's unique history and its harsh policies of the past have 
created a barrier for Virginia's Native American Tribes to meet the BIA 
criteria, even with the new guidelines. Many Western tribes experienced 
government neglect during the 20th century, but Virginia's story was 
different.
  First, Virginia passed ``race laws'' in 1705, which regulated the 
activity of Virginia Indians. In 1924, Virginia passed the Racial 
Integrity Law, and the Virginia Bureau of Vital Statistics went so far 
as to eliminate an individual's identity as a Native American on many 
birth, death and marriage certificates. The shameful elimination of 
racial identity records had a devastating impact on Virginia's tribes 
when they began seeking Federal recognition.
  Second, Virginia tribes signed a treaty with England, predating the 
practices of most tribes that signed a treaty with the Federal 
Government and therefore were not granted Federal recognition upon 
signing treaties with the Federal Government like tribes in other 
States did.
  For these reasons, recognition of these 6 Virginia tribes is 
justified based on principles of dignity and fairness. As I mentioned, 
I have spent several years examining this issue in great detail, 
including the rich history and culture of Virginia's tribes. My staff 
and I asked a number of tough questions before we first introduced this 
bill in 2009, and great care and deliberation were put into arriving at 
this conclusion. After meeting with leaders of Virginia's Indian tribes 
and months of thorough investigation of the facts, I concluded that 
legislative action is needed for recognition of Virginia's tribes. 
Congressional hearings and reports over the last several Congresses 
demonstrate the ancestry and status of these tribes.
  This bill has advanced in the past several Congresses with the strong 
support and tireless efforts of Congressman Jim Moran. Every living 
Virginia Governor, Republican and Democrat including our current 
Governor, Robert McDonnell supports Federal recognition for these 
tribes. I look forward to working with my colleagues in the Senate, 
especially those on the Indian Affairs Committee, to push for passage 
of this important bill. Congress has exercised its power to recognize 
tribes in the past and I ask you to use this power to grant Federal 
recognition to these 6 Virginia tribes.
  In 2007, we celebrated the 400th Anniversary of Jamestown--America's 
first colony. After 400 years since the founding of Jamestown, these 6 
tribes deserve to join our Nation's other 562 federally-recognized 
tribes.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

                                 S. 379

       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 ``Indian 
     Tribes of Virginia Federal Recognition Act of 2011''.
       (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.
Sec. 108. Jurisdiction of Commonwealth of Virginia.

         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.
Sec. 208. Jurisdiction of Commonwealth of Virginia.

                    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.
Sec. 308. Jurisdiction of Commonwealth of Virginia.

                   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.
Sec. 408. Jurisdiction of Commonwealth of Virginia.

                     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.
Sec. 508. Jurisdiction of Commonwealth of Virginia.

                    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.
Sec. 608. Jurisdiction of Commonwealth of Virginia.

                   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.O. 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,

[[Page S876]]

     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.--On request of the Tribe, the Secretary--
       (1) shall take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe that was acquired by the Tribe 
     on or before January 1, 2007; and
       (2) may take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe, if the land is located within 
     the boundaries of New Kent County, James City County, Charles 
     City County, or Henrico County, Virginia.
       (b) Deadline for Determination.--The Secretary shall--
       (1) not later than 3 years after the date of a request of 
     the Tribe under subsection (a), make a final written 
     determination regarding the request; and
       (2) immediately make that determination available to the 
     Tribe.
       (c) Reservation Status.--On request of the Tribe, any land 
     taken into trust for the benefit of the Tribe pursuant to 
     this section shall be considered to be a part of the 
     reservation of the Tribe.
       (d) Gaming.--The Tribe may not conduct gaming activities--
       (1) as a matter of claimed inherent authority; or
       (2) pursuant to any Federal law, including the Indian 
     Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
     regulations promulgated pursuant to that Act 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. 108. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

       (a) In General.--The Commonwealth of Virginia shall 
     exercise jurisdiction over any criminal offense committed, 
     and any civil actions arising, on land located within the 
     Commonwealth that is owned by, or held in trust by the United 
     States for, the Tribe.
       (b) Acceptance of Commonwealth Jurisdiction by Secretary.--
     The Secretary may accept on behalf of the United States, 
     after consultation with the Attorney General of the United 
     States, all or any portion of the jurisdiction of the 
     Commonwealth of Virginia described in subsection (a) on 
     verification by the Secretary of a certification by the Tribe 
     that the Tribe possesses the capacity to reassume that 
     jurisdiction.
       (c) Effect of Section.--Nothing in this section affects the 
     application of section 109 of the Indian Child Welfare Act of 
     1978 (25 U.S.C. 1919).

         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;

[[Page S877]]

       (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--
       (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.--On request of the Tribe, the Secretary--
       (1) shall take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe that was acquired by the Tribe 
     on or before January 1, 2007; and
       (2) may take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe, if the land is located within 
     the boundaries of New Kent County, James City County, Charles 
     City County, or Henrico County, Virginia.
       (b) Deadline for Determination.--The Secretary shall--
       (1) not later than 3 years after the date of a request of 
     the Tribe under subsection (a), make a final written 
     determination regarding the request; and
       (2) immediately make that determination available to the 
     Tribe.
       (c) Reservation Status.--On request of the Tribe, any land 
     taken into trust for the benefit of the Tribe pursuant to 
     this section shall be considered to be a part of the 
     reservation of the Tribe.
       (d) Gaming.--The Tribe may not conduct gaming activities--
       (1) as a matter of claimed inherent authority; or
       (2) pursuant to any Federal law, including the Indian 
     Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
     regulations promulgated pursuant to that Act 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. 208. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

       (a) In General.--The Commonwealth of Virginia shall 
     exercise jurisdiction over any criminal offense committed, 
     and any civil actions arising, on land located within the 
     Commonwealth that is owned by, or held in trust by the United 
     States for, the Tribe.
       (b) Acceptance of Commonwealth Jurisdiction by Secretary.--
     The Secretary may accept on behalf of the United States, 
     after consultation with the Attorney General of the United 
     States, all or any portion of the jurisdiction of the 
     Commonwealth of Virginia described in subsection (a) on 
     verification by the Secretary of a certification by the Tribe 
     that the Tribe possesses the capacity to reassume that 
     jurisdiction.
       (c) Effect of Section.--Nothing in this section affects the 
     application of section 109 of the Indian Child Welfare Act of 
     1978 (25 U.S.C. 1919).

                    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.

[[Page S878]]

       (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.--On request of the Tribe, the Secretary--
       (1) shall take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe that was acquired by the Tribe 
     on or before January 1, 2007; and
       (2) may take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe, if the land is located within 
     the boundaries of King William County, Caroline County, 
     Hanover County, King and Queen County, and New Kent County, 
     Virginia.
       (b) Deadline for Determination.--The Secretary shall--
       (1) not later than 3 years after the date of a request of 
     the Tribe under subsection (a), make a final written 
     determination regarding the request; and
       (2) immediately make that determination available to the 
     Tribe.
       (c) Reservation Status.--On request of the Tribe, any land 
     taken into trust for the benefit of the Tribe pursuant to 
     this section shall be considered to be a part of the 
     reservation of the Tribe.
       (d) Gaming.--The Tribe may not conduct gaming activities--
       (1) as a matter of claimed inherent authority; or
       (2) pursuant to any Federal law, including the Indian 
     Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
     regulations promulgated pursuant to that Act 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. 308. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

       (a) In General.--The Commonwealth of Virginia shall 
     exercise jurisdiction over any criminal offense committed, 
     and any civil actions arising, on land located within the 
     Commonwealth that is owned by, or held in trust by the United 
     States for, the Tribe.
       (b) Acceptance of Commonwealth Jurisdiction by Secretary.--
     The Secretary may accept on behalf of the United States, 
     after consultation with the Attorney General of the United 
     States, all or any portion of the jurisdiction of the 
     Commonwealth of Virginia described in subsection (a) on 
     verification by the Secretary of a certification by the Tribe 
     that the Tribe possesses the capacity to reassume that 
     jurisdiction.
       (c) Effect of Section.--Nothing in this section affects the 
     application of section 109 of the Indian Child Welfare Act of 
     1978 (25 U.S.C. 1919).

                   TITLE IV--RAPPAHANNOCK TRIBE, INC.

     SEC. 401. FINDINGS.

       Congress finds that--
       (1)(A) the first encounter with the English colonists was 
     chronicled by George Percy on May 5, 1607, when the 
     Rappahannock werowance, Pipiscumah or Pipisco, sent a 
     messenger to Captain Christopher Newport bidding the English 
     to come to him.
       (B) Percy wrote, ``When we came to Rappahanna's town, he 
     entertained us in good humanity.'';
       (C) the meeting took place approximately 10 miles from 
     Jamestown, at the principal town of the Rappahannocks on the 
     James River, Quioughcohanock (also called ``Tapahanauk'');
       (D) Quioughcohanock was a part of the Powhatan chiefdom as 
     well as a later town named after the werowance, Pipisco;
       (E) those towns were located in (Old) James City County, 
     which later became Surry County, Virginia; and
       (F) there are numerous interactions between those 
     Rappahannock towns and the English recorded in the Jamestown 
     Narratives during the period of 1607 through 1617;
       (2) during the initial months after Virginia was settled, 
     the Rappahannock Indians had 2 encounters with Captain John 
     Smith;
       (3)(A) a meeting occurred during the time when Powhatan 
     held Smith captive (December 1607 through January 8, 1608);
       (B) Smith was taken to the Rappahannock principal town on 
     the Rappahannock River to see if he was the ``great man'' 
     that had previously sailed into the Rappahannock River, 
     killed their king and kidnaped their people; and
       (C) it was determined that Smith was too short to be that 
     ``great man'';
       (4) a second meeting took place during Smith's exploration 
     of the Chesapeake Bay (July 1608 to September 1608), when, 
     after the Moraughtacund Indians had stolen 3 women from the 
     Rappahannock King, Smith was prevailed on 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, because 
     the Rappahannock towns on the Rappahannock River 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 Pamunkey's'';
       (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

[[Page S879]]

     the town where they dwelt'', the land being located in (Old) 
     New Kent County, which was later divided to include the 
     modern counties of Caroline and King & Queen in Virginia;
       (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 
     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 
     approximately 30 miles in King George County;
       (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)(A) in 1706, by order of Essex County, Lieutenant 
     Richard Covington ``escorted'' the Portobaccos, Nanzaticos, 
     and Rappahannocks out of Portabacco Indian Town, out of Essex 
     County, and into King and Queen County, where those Indians 
     settled along the ridgeline between the Rappahannock and 
     Mattaponi Rivers, the site of their ancient hunting village 
     and 1682 reservation; and
       (B) that land encompassed the Newtown area on the King & 
     Queen County side of the Mattaponi River and extended into 
     Mangohick, on the King William County side of the Mattaponi 
     River;
       (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)(A) land was gifted by the Nelson family to the 
     Saunders and Johnson families as wedding gifts to the 
     Rappahannock girls in King William County; and
       (B) in the 19th century, those Saunders, Johnson, and 
     Nelson families were among the core Rappahannock families 
     from which the modern Rappahannock 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 1900s, James Mooney, noted 
     anthropologist, maintained correspondence with the 
     Rappahannocks, surveying them and instructing them on how to 
     formalize their tribal government;
       (41) in November 1920, Speck visited the Rappahannocks and 
     assisted them in organizing the fight for their sovereign 
     rights;
       (42) in 1921, the Rappahannocks were granted a charter from 
     the Commonwealth of Virginia formalizing their tribal 
     government;
       (43) Speck began a professional relationship with the Tribe 
     that would last more than 30 years and document Rappahannock 
     history and traditions as never before;
       (44) in April 1921, Rappahannock Chief George Nelson asked 
     the Governor of Virginia, Westmoreland Davis, to forward a 
     proclamation to the President of the United States, along 
     with an appended list of tribal members and a handwritten 
     copy of the proclamation itself;
       (45) the letter concerned Indian freedom of speech and 
     assembly nationwide;
       (46) in 1922, the Rappahannocks established a formal school 
     at Lloyds, Essex County, Virginia;
       (47) prior to establishment of the school, Rappahannock 
     children were taught by a tribal member in Central Point, 
     Caroline County, Virginia;
       (48) in December 1923, Rappahannock Chief George Nelson 
     testified before Congress appealing for a $50,000 
     appropriation to establish an Indian school in Virginia;
       (49) in 1930, the Rappahannocks were engaged in an ongoing 
     dispute with the Commonwealth of Virginia and the United 
     States Census Bureau about their classification in the 1930 
     Federal census;
       (50) in January 1930, Rappahannock Chief Otho S. Nelson 
     wrote to Leon Truesdell, Chief Statistician of the United 
     States Census Bureau, asking that the 218 enrolled 
     Rappahannocks be listed as Indians;
       (51) in February 1930, Truesdell replied to Nelson saying 
     that ``special instructions'' were being given about 
     classifying Indians;
       (52) in April 1930, Nelson wrote to William M. Steuart at 
     the Census Bureau asking about the enumerators' failure to 
     classify his people as Indians, saying that enumerators had 
     not asked the question about race when they interviewed his 
     people;
       (53) in a followup letter to Truesdell, Nelson reported 
     that the enumerators were ``flatly denying'' his people's 
     request to be listed as Indians and that the race question 
     was completely avoided during interviews;
       (54) the Rappahannocks had spoken with Caroline and Essex 
     County enumerators, and with John M.W. Green at that point, 
     without success;
       (55) Nelson asked Truesdell to list people as Indians if he 
     sent a list of members;
       (56) the matter was settled by William Steuart, who 
     concluded that the Bureau's rule was that people of Indian 
     descent could be classified as ``Indian'' only if Indian 
     ``blood'' predominated and ``Indian'' identity was accepted 
     in the local community;
       (57) the Virginia Vital Statistics Bureau classed all 
     nonreservation Indians as ``Negro'', and it failed to see why 
     ``an exception should be made'' for the Rappahannocks;
       (58) therefore, in 1925, the Indian Rights Association took 
     on the Rappahannock case to assist the Rappahannocks in 
     fighting for their recognition and rights as an Indian tribe;
       (59) during the Second World War, the Pamunkeys, 
     Mattaponis, Chickahominies, and Rappahannocks had to fight 
     the draft boards with respect to their racial identities;
       (60) the Virginia Vital Statistics Bureau insisted that 
     certain Indian draftees be inducted into Negro units;
       (61) finally, 3 Rappahannocks who were convicted of 
     violating the Federal draft laws because they refused to be 
     inducted unless they could be classified as Indian, 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 Commonwealth 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.--

[[Page S880]]

       (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, and King 
     William County, Virginia.

     SEC. 404. MEMBERSHIP; GOVERNING DOCUMENTS.

       The membership roll and governing documents of the Tribe 
     shall be the most recent membership roll and 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.--On request of the Tribe, the Secretary--
       (1) shall take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe that was acquired by the Tribe 
     on or before January 1, 2007; and
       (2) may take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe, if the land is located within 
     the boundaries of King and Queen County, Richmond County, 
     Lancaster County, King George County, Essex County, Caroline 
     County, New Kent County, King William County, and James City 
     County, Virginia.
       (b) Deadline for Determination.--The Secretary shall--
       (1) not later than 3 years after the date of a request of 
     the Tribe under subsection (a), make a final written 
     determination regarding the request; and
       (2) immediately make that determination available to the 
     Tribe.
       (c) Reservation Status.--On request of the Tribe, any land 
     taken into trust for the benefit of the Tribe pursuant to 
     this section shall be considered to be a part of the 
     reservation of the Tribe.
       (d) Gaming.--The Tribe may not conduct gaming activities--
       (1) as a matter of claimed inherent authority; or
       (2) pursuant to any Federal law, including the Indian 
     Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
     regulations promulgated pursuant to that Act 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. 408. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

       (a) In General.--The Commonwealth of Virginia shall 
     exercise jurisdiction over any criminal offense committed, 
     and any civil actions arising, on land located within the 
     Commonwealth that is owned by, or held in trust by the United 
     States for, the Tribe.
       (b) Acceptance of Commonwealth Jurisdiction by Secretary.--
     The Secretary may accept on behalf of the United States, 
     after consultation with the Attorney General of the United 
     States, all or any portion of the jurisdiction of the 
     Commonwealth of Virginia described in subsection (a) on 
     verification by the Secretary of a certification by the Tribe 
     that the Tribe possesses the capacity to reassume that 
     jurisdiction.
       (c) Effect of Section.--Nothing in this section affects the 
     application of section 109 of the Indian Child Welfare Act of 
     1978 (25 U.S.C. 1919).

                     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 Commonwealth of Virginia, not to allow Indians to 
     register as Indians for the 1930 census;
       (11) the Monacans eventually succeeded in being allowed to 
     claim their race, albeit with an asterisk attached to a note 
     from Dr. Plecker stating that there were no Indians in 
     Virginia;
       (12) in 1947, D'Arcy McNickle, a Salish Indian, saw some of 
     the children at the Amherst Mission and requested that the 
     Cherokee Agency visit them because they appeared to be 
     Indian;
       (13) that letter was forwarded to the Department of the 
     Interior, Office of Indian Affairs, Chicago, Illinois;
       (14) Chief Jarrett Blythe of the Eastern Band of Cherokee 
     did visit the Mission and wrote that he ``would be willing to 
     accept these children in the Cherokee school'';
       (15) in 1979, a Federal Coalition of Eastern Native 
     Americans established the entity known as ``Monacan Co-
     operative Pottery'' at the Amherst Mission;
       (16) some important pieces were produced at Monacan Co-
     operative Pottery, including a piece that was sold to the 
     Smithsonian Institution;
       (17) the Mattaponi-Pamunkey-Monacan Consortium, established 
     in 1981, has since been organized as a nonprofit corporation 
     that serves as a vehicle to obtain funds for those Indian 
     tribes from the Department of Labor under Native American 
     programs;
       (18) in 1989, the Monacan Tribe was recognized by the 
     Commonwealth of Virginia, which enabled the Tribe to apply 
     for grants and participate in other programs; and
       (19) in 1993, the Monacan Tribe received tax-exempt status 
     as a nonprofit corporation from the Internal Revenue Service.

     SEC. 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.--On request of the Tribe, the Secretary--
       (1) shall take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe that was acquired by the Tribe 
     on or before January 1, 2007, if the land is located within 
     the boundaries of Amherst County, Virginia; and
       (2) may take into trust for the benefit of the Tribe--

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       (A) any land held in fee by the Tribe, if the land is 
     located within the boundaries of Amherst County, Virginia; 
     and
       (B) the parcels of land located in Rockbridge County, 
     Virginia (subject to the consent of the local unit of 
     government), owned by Mr. J. Poole, described as East 731 
     Sandbridge (encompassing approximately 4.74 acres) and East 
     731 (encompassing approximately 5.12 acres).
       (b) Deadline for Determination.--The Secretary shall--
       (1) not later than 3 years after the date of a request of 
     the Tribe under subsection (a)(2), make a final written 
     determination regarding the request; and
       (2) immediately make that determination available to the 
     Tribe.
       (c) Reservation Status.--On request of the Tribe, any land 
     taken into trust for the benefit of the Tribe pursuant to 
     this section shall be considered to be a part of the 
     reservation of the Tribe.
       (d) Gaming.--The Tribe may not conduct gaming activities--
       (1) as a matter of claimed inherent authority; or
       (2) pursuant to any Federal law, including the Indian 
     Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
     regulations promulgated pursuant to that Act 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. 508. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

       (a) In General.--The Commonwealth of Virginia shall 
     exercise jurisdiction over any criminal offense committed, 
     and any civil actions arising, on land located within the 
     Commonwealth that is owned by, or held in trust by the United 
     States for, the Tribe.
       (b) Acceptance of Commonwealth Jurisdiction by Secretary.--
     The Secretary may accept on behalf of the United States, 
     after consultation with the Attorney General of the United 
     States, all or any portion of the jurisdiction of the 
     Commonwealth of Virginia described in subsection (a) on 
     verification by the Secretary of a certification by the Tribe 
     that the Tribe possesses the capacity to reassume that 
     jurisdiction.
       (c) Effect of Section.--Nothing in this section affects the 
     application of section 109 of the Indian Child Welfare Act of 
     1978 (25 U.S.C. 1919).

                    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 Commonwealth of Virginia;
       (14) in 1797, Norfolk County issued a certificate stating 
     that William Bass was of Indian and English descent, and that 
     his Indian line of ancestry ran directly back to the early 
     18th century elder in a traditionalist section of Nansemonds 
     on the reservation;
       (15) in 1833, Virginia enacted a law enabling people of 
     European and Indian descent to obtain a special certificate 
     of ancestry;
       (16) the law originated from the county in which Nansemonds 
     lived, and mostly Nansemonds, with a few people from other 
     counties, took advantage of the new law;
       (17) a Methodist mission established around 1850 for 
     Nansemonds is currently a standard Methodist congregation 
     with Nansemond members;
       (18) in 1901, Smithsonian anthropologist James Mooney--
       (A) visited the Nansemonds; and
       (B) completed a tribal census that counted 61 households 
     and was later published;
       (19) in 1922, Nansemonds were given a special Indian school 
     in the segregated school system of Norfolk County;
       (20) the school survived only a few years;
       (21) in 1928, University of Pennsylvania anthropologist 
     Frank Speck published a book on modern Virginia Indians that 
     included a section on the Nansemonds; and
       (22) the Nansemonds were organized formally, with elected 
     officers, in 1984, and later applied for and received State 
     recognition.

     SEC. 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, 
     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.--On request of the Tribe, the Secretary--
       (1) shall take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe that was acquired by the Tribe 
     on or before January 1, 2007; and
       (2) may take into trust for the benefit of the Tribe any 
     land held in fee by the Tribe, if the land is located within 
     the boundaries of the city of Suffolk, the city of 
     Chesapeake, or Isle of Wight County, Virginia.
       (b) Deadline for Determination.--The Secretary shall--
       (1) not later than 3 years after the date of a request of 
     the Tribe under subsection (a), make a final written 
     determination regarding the request; and
       (2) immediately make that determination available to the 
     Tribe.
       (c) Reservation Status.--On request of the Tribe, any land 
     taken into trust for the benefit of the Tribe pursuant to 
     this section shall be considered to be a part of the 
     reservation of the Tribe.
       (d) Gaming.--The Tribe may not conduct gaming activities--
       (1) as a matter of claimed inherent authority; or
       (2) pursuant to any Federal law, including the Indian 
     Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
     regulations promulgated pursuant to that Act 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. 608. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

       (a) In General.--The Commonwealth of Virginia shall 
     exercise jurisdiction over any criminal offense committed, 
     and any civil actions arising, on land located within the 
     Commonwealth that is owned by, or held in trust by the United 
     States for, the Tribe.
       (b) Acceptance of Commonwealth Jurisdiction by Secretary.--
     The Secretary may accept on behalf of the United States, 
     after

[[Page S882]]

     consultation with the Attorney General of the United States, 
     all or any portion of the jurisdiction of the Commonwealth of 
     Virginia described in subsection (a) on verification by the 
     Secretary of a certification by the Tribe that the Tribe 
     possesses the capacity to reassume that jurisdiction.
       (c) Effect of Section.--Nothing in this section affects the 
     application of section 109 of the Indian Child Welfare Act of 
     1978 (25 U.S.C. 1919).
                                 ______