[Congressional Record (Bound Edition), Volume 153 (2007), Part 8]
[House]
[Pages 11526-11542]
[From the U.S. 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;

[[Page 11527]]

       (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 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;

[[Page 11528]]

       (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--
       (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'';

[[Page 11529]]

       (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.--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,

[[Page 11530]]

     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 ``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

[[Page 11531]]

     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 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

[[Page 11532]]

     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, 
     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,

[[Page 11533]]

     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 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

[[Page 11534]]

     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--
       (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;

[[Page 11535]]

       (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.

                   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;

[[Page 11536]]

       (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 ``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.

[[Page 11537]]



     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 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;

[[Page 11538]]

       (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, 
     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. 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.

[[Page 11539]]

  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. 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 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.

[[Page 11540]]



                              {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.
  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

[[Page 11541]]

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 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,

[[Page 11542]]

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. COLE of Oklahoma. Mr. Speaker, I rise today in support of H.R. 
1294, the Thomasina E. Jordan Indian Tribes of Virginia Federal 
Recognition Act of 2006. This is a bill that is long overdue and 
provides an opportunity to right an historical wrong.
  As clearly outlined in the language of this legislation, these six 
tribes are of great historical significance. These tribes were some of 
the first Native Americans to come into contact with European settlers, 
and save for the active cooperation of these tribes, a number of the 
first English settlements in America may not have survived.
  Having clearly impacted the course of our Nation and having endured 
in a country of drastic change and challenges for four centuries, I am 
pleased to support a bill that will provide these six tribes federal 
recognition at long last.
  Mr. Speaker, the only reservation I have with this bill is the fact 
that it prohibits every single one of these tribes from gaming. For if 
indeed this bill passes ``into public law, these tribes should be 
afforded every right they deserve as a sovereign entity as granted to 
them under the Constitution of the United States. These tribes should 
not have to bargain away any one piece of their sovereignty they have 
sought to preserve in order to receive federal recognition. This 
diminishes the tribes, and places them at a lesser status than states 
and other tribes. In the future, I hope that Congress recognizes that 
it is not fair to blackmail tribes into giving up part of their rights 
in order to provide them sovereignty.
  With that said, Mr. Speaker, I recognize that these tribes negotiated 
with the House and the state in which they reside and ultimately agreed 
to this prohibition on their right to engage in certain forms of lawful 
economic activities. Therefore, although I fear the precedent this may 
establish, I honor the settlement reached between the House, the state 
of Virginia, and the tribes, and urge my colleagues to support passage 
of H.R. 1294.
  Ms. WOOLSEY. Mr. Speaker, I rise today in support of this bill. I 
applaud the precedent set here, which subjects any casino projects to 
state laws and does not allow the tribes special gaming privileges. In 
considering this bill, I hope that we will be consistent in the tribes 
we support, especially when there is a potential for gaming. Native 
American communities rightly deserve to have sovereign control over 
their land, including the capacity to use tribal-run businesses to 
raise funds for the tribe. However, I oppose using lands not associated 
with the tribe or newly acquired lands for building casinos. My 
opposition stems from my own experience with legislation to federally 
recognize tribes. Vocal communities in my district have consistently 
stood up against the proliferating problem of off-reservation gaming--
and we must do more to stop the most egregious forms of reservation 
shopping allowed by IGRA. Thus, it's important that we proceed with 
caution as we move forward with tribal recognition legislation, and 
that we make our intents transparent.
  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.

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