    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-121
    115th Congress

    An Act

    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. <>

    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 2017''.
    (b) Table of Contents.--The table of contents of this Act is as
    follows:

    Sec. 1. Short title; table of contents.
    Sec. 2. Indian Child Welfare Act of 1978.

    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.

    [[Page 41]]

    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 VII--EMINENT DOMAIN

    Sec. 701. Limitation.

    SEC. 2. INDIAN CHILD WELFARE ACT OF 1978.

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

    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 one of
    about 30 tribes that received them;
    (2) in 1614, the Chickahominy Indian Tribe entered into a
    treaty with Sir Thomas Dale, Governor of the Jamestown Colony,
    under which--
    (A) the Chickahominy Indian Tribe agreed to provide
    two bushels of corn per man and send warriors to protect
    the English; and
    (B) Sir Thomas Dale agreed in return to allow the
    Tribe to continue to practice its own tribal governance;
    (3) in 1646, a treaty was signed which forced the
    Chickahominy from their homeland to the area around the York
    Mattaponi River in present-day King William County, leading to
    the formation of a reservation;
    (4) in 1677, following Bacon's Rebellion, the Queen of
    Pamunkey signed the Treaty of Middle Plantation on behalf of the
    Chickahominy;
    (5) in 1702, the Chickahominy were forced from their
    reservation, which caused the loss of a land base;
    (6) in 1711, the College of William and Mary in Williamsburg
    established a grammar school for Indians called Brafferton
    College;
    (7) a Chickahominy child was one of the first Indians to
    attend Brafferton College;
    (8) in 1750, the Chickahominy Indian Tribe began to migrate
    from King William County back to the area around the
    Chickahominy River in New Kent and Charles City Counties;
    (9) in 1793, a Baptist missionary named Bradby took refuge
    with the Chickahominy and took a Chickahominy woman as his wife;

    [[Page 42]]

    (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.

    [[Page 43]]

    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 five 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 the existence of a reservation for the Tribe.
    (2) Service area.--For the purpose of the delivery of
    Federal services to tribal members, the service area of the
    Tribe shall be considered to be the area comprised of New Kent
    County, James City County, Charles City County, and Henrico
    County, Virginia.

    [[Page 44]]

    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.--Upon the request of the Tribe, the Secretary of the
    Interior--
    (1) shall take into trust for the benefit of the Tribe any
    land held in fee by the Tribe that was acquired by the Tribe on
    or before January 1, 2007, if such lands are located within the
    boundaries of New Kent County, James City County, Charles City
    County, or Henrico County, Virginia; and
    (2) may take into trust for the benefit of the Tribe any
    land held in fee by the Tribe, if such lands are located within
    the boundaries of New Kent County, James City County, Charles
    City County, or Henrico County, Virginia.

    (b) Deadline for Determination.--The Secretary shall make a final
    written determination not later than 3 years of the date which the Tribe
    submits a request for land to be taken into trust under subsection
    (a)(2) and shall immediately make that determination available to the
    Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit
    of the Tribe pursuant to this paragraph shall, upon request of the
    Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a matter
    of claimed inherent authority or under the authority of any Federal law,
    including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or
    under any regulations thereunder promulgated by the Secretary or the
    National Indian Gaming Commission.
    SEC. 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 one of
    about 30 tribes that received them;

    [[Page 45]]

    (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
    two bushels of corn per man and send warriors to protect
    the English; and
    (B) Sir Thomas Dale agreed in return to allow the
    Tribe to continue to practice its own tribal governance;
    (3) in 1646, a treaty was signed which forced the
    Chickahominy from their homeland to the area around the York
    River in present-day King William County, leading to the
    formation of a reservation;
    (4) in 1677, following Bacon's Rebellion, the Queen of
    Pamunkey signed the Treaty of Middle Plantation on behalf of the
    Chickahominy;
    (5) in 1702, the Chickahominy were forced from their
    reservation, which caused the loss of a land base;
    (6) in 1711, the College of William and Mary in Williamsburg
    established a grammar school for Indians called Brafferton
    College;
    (7) a Chickahominy child was one of the first Indians to
    attend Brafferton College;
    (8) in 1750, the Chickahominy Indian Tribe began to migrate
    from King William County back to the area around the
    Chickahominy River in New Kent and Charles City Counties;
    (9) in 1793, a Baptist missionary named Bradby took refuge
    with the Chickahominy and took a Chickahominy woman as his wife;
    (10) in 1831, the names of the ancestors of the modern-day
    Chickahominy Indian Tribe began to appear in the Charles City
    County census records;
    (11) in 1870, a census revealed an enclave of Indians in New
    Kent County that is believed to be the beginning of the
    Chickahominy Indian Tribe--Eastern Division;
    (12) other records were destroyed when the New Kent County
    courthouse was burned, leaving a State census as the only record
    covering that period;
    (13) in 1901, the Chickahominy Indian Tribe formed Samaria
    Baptist Church;
    (14) from 1901 to 1935, Chickahominy men were assessed a
    tribal tax so that their children could receive an education;
    (15) the Tribe used the proceeds from the tax to build the
    first Samaria Indian School, buy supplies, and pay a teacher's
    salary;
    (16) in 1910, a one-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;

    [[Page 46]]

    (21) in 1950, the one-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 five 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 the existence of a reservation for the Tribe.
    (2) Service area.--For the purpose of the delivery of
    Federal services to tribal members, the service area of the
    Tribe shall be considered to be the area comprised of New Kent
    County, James City County, Charles City County, and Henrico
    County, Virginia.

    [[Page 47]]

    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.--Upon the request of the Tribe, the Secretary of the
    Interior--
    (1) shall take into trust for the benefit of the Tribe any
    land held in fee by the Tribe that was acquired by the Tribe on
    or before January 1, 2007, if such lands are located within the
    boundaries of New Kent County, James City County, Charles City
    County, or Henrico County, Virginia; and
    (2) may take into trust for the benefit of the Tribe any
    land held in fee by the Tribe, if such lands are located within
    the boundaries of New Kent County, James City County, Charles
    City County, or Henrico County, Virginia.

    (b) Deadline for Determination.--The Secretary shall make a final
    written determination not later than 3 years of the date which the Tribe
    submits a request for land to be taken into trust under subsection
    (a)(2) and shall immediately make that determination available to the
    Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit
    of the Tribe pursuant to this paragraph shall, upon request of the
    Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a matter
    of claimed inherent authority or under the authority of any Federal law,
    including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or
    under any regulations thereunder promulgated by the Secretary or the
    National Indian Gaming Commission.
    SEC. 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;

    [[Page 48]]

    (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 two groups was intertwined for
    many years thereafter;
    (8) in 1695, the Chickahominy and Mattaponi Indians--
    (A) were assigned a reservation by the Virginia
    Colony; and
    (B) traded land of the reservation for land at the
    place known as ``the cliffs'' (which, as of the date of
    enactment of this Act, is the Mattaponi Indian
    Reservation), which had been owned by the Mattaponi
    Indians before 1661;
    (9) in 1711, a Chickahominy boy attended the Indian School
    at the College of William and Mary;
    (10) in 1726, the Virginia Colony discontinued funding of
    interpreters for the Chickahominy and Mattaponi Indian Tribes;
    (11) James Adams, who served as an interpreter to the Indian
    tribes known as of the date of enactment of this Act as the
    ``Upper Mattaponi Indian Tribe'' and ``Chickahominy Indian
    Tribe'', elected to stay with the Upper Mattaponi Indians;
    (12) today, a majority of the Upper Mattaponi Indians have
    ``Adams'' as their surname;
    (13) in 1787, Thomas Jefferson, in Notes on the Commonwealth
    of Virginia, mentioned the Mattaponi Indians on a reservation in
    King William County and said that Chickahominy Indians were
    ``blended'' with the Mattaponi Indians and nearby Pamunkey
    Indians;
    (14) in 1850, the census of the United States revealed a
    nucleus of approximately 10 families, all ancestral to modern
    Upper Mattaponi Indians, living in central King William County,
    Virginia, approximately 10 miles from the reservation;
    (15) during the period of 1853 through 1884, King William
    County marriage records listed Upper Mattaponis as ``Indians''
    in marrying people residing on the reservation;
    (16) during the period of 1884 through the present, county
    marriage records usually refer to Upper Mattaponis as
    ``Indians'';
    (17) in 1901, Smithsonian anthropologist James Mooney heard
    about the Upper Mattaponi Indians but did not visit them;

    [[Page 49]]

    (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 the existence of a reservation for the Tribe.
    (2) Service area.--For the purpose of the delivery of
    Federal services to tribal members, the service area of the
    Tribe shall be considered to be the area within 25 miles of the
    Sharon Indian School at 13383 King William Road, King William
    County, Virginia.

    [[Page 50]]

    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.--Upon the request of the Tribe, the Secretary of the
    Interior--
    (1) shall take into trust for the benefit of the Tribe any
    land held in fee by the Tribe that was acquired by the Tribe on
    or before January 1, 2007, if such lands are located within the
    boundaries of King William County, Caroline County, Hanover
    County, King and Queen County, and New Kent County, Virginia;
    and
    (2) may take into trust for the benefit of the Tribe any
    land held in fee by the Tribe, if such lands are located within
    the boundaries of King William County, Caroline County, Hanover
    County, King and Queen County, and New Kent County, Virginia.

    (b) Deadline for Determination.--The Secretary shall make a final
    written determination not later than 3 years of the date which the Tribe
    submits a request for land to be taken into trust under subsection
    (a)(2) and shall immediately make that determination available to the
    Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit
    of the Tribe pursuant to this paragraph shall, upon request of the
    Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a matter
    of claimed inherent authority or under the authority of any Federal law,
    including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or
    under any regulations thereunder promulgated by the Secretary or the
    National Indian Gaming Commission.
    SEC. 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 three encounters with Captain John
    Smith;

    [[Page 51]]

    (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 three 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 two 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 three
    stolen women he wanted;
    (7) the Moraughtacund King was given second choice among the
    two 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--

    [[Page 52]]

    (i) Rappahannocks were to be rewarded, in
    Roanoke, for returning English fugitives; and
    (ii) the English encouraged the Rappahannocks
    to send their children to live among the English
    as servants, who the English promised would be
    well-treated;
    (15) in 1658, the Virginia Assembly revised a 1652 Act
    stating that ``there be no grants of land to any Englishman
    whatsoever de futuro until the Indians be first served with the
    proportion of 50 acres of land for each bowman'';
    (16) in 1669, the colony conducted a census of Virginia
    Indians;
    (17) as of the date of that census--
    (A) the majority of the Rappahannocks were residing
    at their hunting village on the north side of the
    Mattaponi River; and
    (B) at the time of the visit, census-takers were
    counting only the Indian tribes along the rivers, which
    explains why only 30 Rappahannock bowmen were counted on
    that river;
    (18) the Rappahannocks used the hunting village on the north
    side of the Mattaponi River as their primary residence until the
    Rappahannocks were removed in 1684;
    (19) in May 1677, the Treaty of Middle Plantation was signed
    with England;
    (20) the Pamunkey Queen Cockacoeske signed on behalf of the
    Rappahannocks, ``who were supposed to be her tributaries'', but
    before the treaty could be ratified, the Queen of Pamunkey
    complained to the Virginia Colonial Council ``that she was
    having trouble with Rappahannocks and Chickahominies, supposedly
    tributaries of hers'';
    (21) in November 1682, the Virginia Colonial Council
    established a reservation for the Rappahannock Indians of 3,474
    acres ``about the town where they dwelt'';
    (22) the Rappahannock ``town'' was the hunting village on
    the north side of the Mattaponi River, where the Rappahannocks
    had lived throughout the 1670s;
    (23) the acreage allotment of the reservation was based on
    the 1658 Indian land act, which translates into a bowman
    population of 70, or an approximate total Rappahannock
    population of 350;
    (24) in 1683, following raids by Iroquoian warriors on both
    Indian and English settlements, the Virginia Colonial Council
    ordered the Rappahannocks to leave their reservation and unite
    with the Nanzatico Indians at Nanzatico Indian Town, which was
    located across and up the Rappahannock River some 30 miles;
    (25) between 1687 and 1699, the Rappahannocks migrated out
    of Nanzatico, returning to the south side of the Rappahannock
    River at Portobacco Indian Town;
    (26) in 1706, by order of Essex County, Lieutenant Richard
    Covington ``escorted'' the Portobaccos and Rappahannocks out of
    Portobacco Indian Town, out of Essex County, and into King and
    Queen County where they settled along the ridgeline between the
    Rappahannock and Mattaponi Rivers, the site of their ancient
    hunting village and 1682 reservation;

    [[Page 53]]

    (27) during the 1760s, three Rappahannock girls were raised
    on Thomas Nelson's Bleak Hill Plantation in King William County;
    (28) of those girls--
    (A) one married a Saunders man;
    (B) one married a Johnson man; and
    (C) one had two 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 1900s, James Mooney, noted
    anthropologist, maintained correspondence with the
    Rappahannocks, surveying them and instructing them on how to
    formalize their tribal government;
    (41) in November 1920, Speck visited the Rappahannocks and
    assisted them in organizing the fight for their sovereign
    rights;
    (42) in 1921, the Rappahannocks were granted a charter from
    the Commonwealth of Virginia formalizing their tribal
    government;
    (43) Speck began a professional relationship with the Tribe
    that would last more than 30 years and document Rappahannock
    history and traditions as never before;
    (44) in April 1921, Rappahannock Chief George Nelson asked
    the Governor of Virginia, Westmoreland Davis, to forward

    [[Page 54]]

    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, three Rappahannocks were convicted of
    violating the Federal draft laws and, after spending time in a
    Federal prison, were granted conscientious objector status and

    [[Page 55]]

    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.

    [[Page 56]]

    (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 the existence of a reservation for the Tribe.
    (2) Service area.--For the purpose of the delivery of
    Federal services to tribal members, the service area of the
    Tribe shall be considered to be the area comprised of King and
    Queen County, Caroline County, Essex County, and King William
    County, Virginia.
    SEC. 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.--Upon the request of the Tribe, the Secretary of the
    Interior--
    (1) shall take into trust for the benefit of the Tribe any
    land held in fee by the Tribe that was acquired by the Tribe on
    or before January 1, 2007, if such lands are located within the
    boundaries of King and Queen County, Stafford County,
    Spotsylvania County, Richmond County, Essex County, and Caroline
    County, Virginia; and
    (2) may take into trust for the benefit of the Tribe any
    land held in fee by the Tribe, if such lands are located within
    the boundaries of King and Queen County, Richmond County,
    Lancaster County, King George County, Essex County, Caroline
    County, New Kent County, King William County, and James City
    County, Virginia.

    (b) Deadline for Determination.--The Secretary shall make a final
    written determination not later than 3 years of the date which the Tribe
    submits a request for land to be taken into trust under subsection
    (a)(2) and shall immediately make that determination available to the
    Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit
    of the Tribe pursuant to this paragraph shall, upon request of the
    Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a matter
    of claimed inherent authority or under the authority of any Federal law,
    including the Indian Gaming Regulatory Act

    [[Page 57]]

    (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.

    TITLE V--MONACAN INDIAN NATION

    SEC. 501. FINDINGS.

    Congress finds that--
    (1) in 1677, the Monacan Tribe signed the Treaty of Middle
    Plantation between Charles II of England and 12 Indian ``Kings
    and Chief Men'';
    (2) in 1722, in the Treaty of Albany, Governor Spotswood
    negotiated to save the Virginia Indians from extinction at the
    hands of the Iroquois;
    (3) specifically mentioned in the negotiations were the
    Monacan tribes of the Totero (Tutelo), Saponi, Ocheneeches
    (Occaneechi), Stengenocks, and Meipontskys;
    (4) in 1790, the first national census recorded Benjamin
    Evans and Robert Johns, both ancestors of the present Monacan
    community, listed as ``white'' with mulatto children;
    (5) in 1782, tax records also began for those families;
    (6) in 1850, the United States census recorded 29 families,
    mostly large, with Monacan surnames, the members of which are
    genealogically related to the present community;
    (7) in 1870, a log structure was built at the Bear Mountain
    Indian Mission;
    (8) in 1908, the structure became an Episcopal Mission and,
    as of the date of enactment of this Act, the structure is listed
    as a landmark on the National Register of Historic Places;
    (9) in 1920, 304 Amherst Indians were identified in the
    United States census;
    (10) from 1930 through 1931, numerous letters from Monacans
    to the Bureau of the Census resulted from the decision of Dr.
    Walter Plecker, former head of the Bureau of Vital Statistics of
    the Commonwealth of Virginia, not to allow Indians to register
    as Indians for the 1930 census;
    (11) the Monacans eventually succeeded in being allowed to
    claim their race, albeit with an asterisk attached to a note
    from Dr. Plecker stating that there were no Indians in Virginia;
    (12) in 1947, D'Arcy McNickle, a Salish Indian, saw some of
    the children at the Amherst Mission and requested that the
    Cherokee Agency visit them because they appeared to be Indian;
    (13) that letter was forwarded to the Department of the
    Interior, Office of Indian Affairs, Chicago, Illinois;
    (14) Chief Jarrett Blythe of the Eastern Band of Cherokee
    did visit the Mission and wrote that he ``would be willing to
    accept these children in the Cherokee school'';

    [[Page 58]]

    (15) in 1979, a Federal Coalition of Eastern Native
    Americans established the entity known as ``Monacan Co-operative
    Pottery'' at the Amherst Mission;
    (16) some important pieces were produced at Monacan Co-
    operative Pottery, including a piece that was sold to the
    Smithsonian Institution;
    (17) the Mattaponi-Pamunkey-Monacan Consortium, established
    in 1981, has since been organized as a nonprofit corporation
    that serves as a vehicle to obtain funds for those Indian tribes
    from the Department of Labor under Native American programs;
    (18) in 1989, the Monacan Tribe was recognized by the
    Commonwealth of Virginia, which enabled the Tribe to apply for
    grants and participate in other programs; and
    (19) in 1993, the Monacan Tribe received tax-exempt status
    as a nonprofit corporation from the Internal Revenue Service.
    SEC. 502. DEFINITIONS.

    In this title:
    (1) Secretary.--The term ``Secretary'' means the Secretary
    of the Interior.
    (2) Tribal member.--The term ``tribal member'' means--
    (A) an individual who is an enrolled member of the
    Tribe as of the date of enactment of this Act; and
    (B) an individual who has been placed on the
    membership rolls of the Tribe in accordance with this
    title.
    (3) Tribe.--The term ``Tribe'' means the Monacan Indian
    Nation.
    SEC. 503. FEDERAL RECOGNITION.

    (a) Federal Recognition.--
    (1) In general.--Federal recognition is extended to the
    Tribe.
    (2) Applicability of laws.--All laws (including regulations)
    of the United States of general applicability to Indians or
    nations, Indian tribes, or bands of Indians (including the Act
    of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not
    inconsistent with this title shall be applicable to the Tribe
    and tribal members.

    (b) Federal Services and Benefits.--
    (1) <>  In general.--On and after the
    date of enactment of this Act, the Tribe and tribal members
    shall be eligible for all services and benefits provided by the
    Federal Government to federally recognized Indian tribes without
    regard to the existence of a reservation for the Tribe.
    (2) Service area.--For the purpose of the delivery of
    Federal services to tribal members, the service area of the
    Tribe shall be considered to be the area comprised of all land
    within 25 miles from the center of Amherst, Virginia.
    SEC. 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--

    [[Page 59]]

    (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.--Upon the request of the Tribe, the Secretary of the
    Interior--
    (1) shall take into trust for the benefit of the Tribe any
    land held in fee by the Tribe that was acquired by the Tribe on
    or before January 1, 2007, if such lands are located within the
    boundaries of Amherst County, Virginia; and
    (2) may take into trust for the benefit of the Tribe any
    land held in fee by the Tribe, if such lands are located within
    the boundaries of Amherst County, Virginia, and those parcels in
    Rockbridge County, Virginia (subject to the consent of the local
    unit of government), owned by Mr. J. Poole, described as East
    731 Sandbridge (encompassing approximately 4.74 acres) and East
    731 (encompassing approximately 5.12 acres).

    (b) Deadline for Determination.--The Secretary shall make a final
    written determination not later than 3 years of the date which the Tribe
    submits a request for land to be taken into trust under subsection
    (a)(2) and shall immediately make that determination available to the
    Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit
    of the Tribe pursuant to this paragraph shall, upon request of the
    Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a matter
    of claimed inherent authority or under the authority of any Federal law,
    including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or
    under any regulations thereunder promulgated by the Secretary or the
    National Indian Gaming Commission.
    SEC. 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 two sections of Nansemonds in
    communication with each other, the Christianized Nansemonds in
    Norfolk County, who lived as citizens, and the traditionalist
    Nansemonds, who lived further west;
    (3) in 1638, according to an entry in a 17th century sermon
    book still owned by the Chief's family, a Norfolk County
    Englishman married a Nansemond woman;

    [[Page 60]]

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

    [[Page 61]]

    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 the existence of a reservation for the Tribe.
    (2) Service area.--For the purpose of the delivery of
    Federal services to tribal members, the service area of the
    Tribe shall be considered to be the area comprised of the cities
    of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth,
    Suffolk, and Virginia Beach, Virginia.
    SEC. 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.--Upon the request of the Tribe, the Secretary of the
    Interior--
    (1) shall take into trust for the benefit of the Tribe any
    land held in fee by the Tribe that was acquired by the Tribe on
    or before January 1, 2007, if such lands are located within the
    boundaries of the city of Suffolk, the city of Chesapeake, or
    Isle of Wight County, Virginia; and
    (2) may take into trust for the benefit of the Tribe any
    land held in fee by the Tribe, if such lands are located within

    [[Page 62]]

    the boundaries of the city of Suffolk, the city of Chesapeake,
    or Isle of Wight County, Virginia.

    (b) Deadline for Determination.--The Secretary shall make a final
    written determination not later than 3 years of the date which the Tribe
    submits a request for land to be taken into trust under subsection
    (a)(2) and shall immediately make that determination available to the
    Tribe.
    (c) Reservation Status.--Any land taken into trust for the benefit
    of the Tribe pursuant to this paragraph shall, upon request of the
    Tribe, be considered part of the reservation of the Tribe.
    (d) Gaming.--The Tribe may not conduct gaming activities as a matter
    of claimed inherent authority or under the authority of any Federal law,
    including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or
    under any regulations thereunder promulgated by the Secretary or the
    National Indian Gaming Commission.
    SEC. 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.

    TITLE VII--EMINENT DOMAIN

    SEC. 701. LIMITATION.

    Eminent domain may not be used to acquire lands in fee or in trust
    for an Indian tribe recognized under this Act.

    Approved January 29, 2018.

    LEGISLATIVE HISTORY--H.R. 984:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD:
    Vol. 163 (2017):
    May 17, considered and passed House.
    Vol. 164 (2018):
    Jan. 11, considered and passed
    Senate.