[House Report 110-130]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-130

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 PROVIDING FOR CONSIDERATION OF 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

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 May 7, 2007.--Referred to the House Calendar and ordered to be printed

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  Mr. Hastings of Florida, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 377]

    The Committee on Rules, having had under consideration 
House Resolution 377, by a nonrecord vote report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1294, the 
Thomasina E. Jordan Indian Tribes of Virginia Federal 
Recognition Act of 2007, under a closed rule providing one hour 
of general debate in the House equally divided and controlled 
by the chairman and ranking minority member of the Committee on 
Natural Resources.
    The rule waives all points of order against consideration 
of the bill except for clauses 9 and 10 of rule XXI. The 
amendment in the nature of a substitute recommended by the 
Committee on Natural Resources now printed in the bill, 
modified by the amendments printed in this report, shall be 
considered as adopted. The rule waives all points of order 
against the bill as amended and provides that the bill, as 
amended, shall be considered as read. The rule provides one 
motion to recommit with or without instructions. Finally, the 
rule provides that the Chair may postpone further consideration 
of the bill to a time designated by the Speaker.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill (except for clauses 9 and 10 of rule XXI) includes a 
waiver of Clause 4, rule XIII requiring a three-day layover of 
the committee report. The Committee is not aware of any points 
of order against the committee substitute, as amended, 
therefore the waiver of all points of order against the 
committee amendment in the nature of a substitute as amended is 
prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 163

    Date: May 7, 2007.
    Measure: H.R. 1294.
    Motion by: Mr. Sessions.
    Summary of motion: To grant an open rule.
    Results: Defeated 1-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--
Nay; Sessions--Yea.

Rules Committee record vote No. 164

    Date: May 7, 2007.
    Measure: H.R. 1294.
    Motion by: Mr. Sessions.
    Summary of motion: To grant a modified open rule.
    Results: Defeated 1-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--
Nay; Sessions--Yea.

              SUMMARY OF AMENDMENTS CONSIDERED AS ADOPTED

    The amendments amend six sections of the bill applicable to 
the individual tribes to make the transfer of any land (within 
specified Virginia counties) into trust status subject to 
public process under the Department of the Interior regulations 
and a discretionary action by the Secretary of the Interior 
(who must make a final decision within three years). They also 
amend each of the six titles of the bill applicable to the 
individual tribes to specify that the civil and criminal laws 
of the State of Virginia shall apply to the tribal lands.

                TEXT OF AMENDMENTS CONSIDERED AS ADOPTED

  Amend section 106(a) to read as follows:
  (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.
  Amend section 206(a) to read as follows:
  (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.
  Amend section 306(a) to read as follows:
  (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.
  Amend section 406(a) to read as follows:
  (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.
  Amend section 506(a) to read as follows:
  (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.
  Amend section 606(a) to read as follows:
  (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.
  At the end of each of titles I, II, III, IV, V, and VI add 
the following:

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.

                                  
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