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S 379 IS

112th CONGRESS

1stRSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 379CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

February 17, 2011CommentsClose CommentsPermalink

Mr. WEBB (for himself and Mr. WARNER) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Indian Tribes of Virginia Federal Recognition Act of 2011’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--CHICKAHOMINY INDIAN TRIBE

Sec. 101. Findings.CommentsClose CommentsPermalink





Sec. 102. Definitions.CommentsClose CommentsPermalink





Sec. 103. Federal recognition.CommentsClose CommentsPermalink





Sec. 104. Membership; governing documents.CommentsClose CommentsPermalink





Sec. 105. Governing body.CommentsClose CommentsPermalink





Sec. 106. Reservation of the Tribe.CommentsClose CommentsPermalink





Sec. 107. Hunting, fishing, trapping, gathering, and water rights.CommentsClose CommentsPermalink





Sec. 108. Jurisdiction of Commonwealth of Virginia.CommentsClose CommentsPermalink

TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION

Sec. 201. Findings.CommentsClose CommentsPermalink





Sec. 202. Definitions.CommentsClose CommentsPermalink





Sec. 203. Federal recognition.CommentsClose CommentsPermalink





Sec. 204. Membership; governing documents.CommentsClose CommentsPermalink





Sec. 205. Governing body.CommentsClose CommentsPermalink





Sec. 206. Reservation of the Tribe.CommentsClose CommentsPermalink





Sec. 207. Hunting, fishing, trapping, gathering, and water rights.CommentsClose CommentsPermalink





Sec. 208. Jurisdiction of Commonwealth of Virginia.CommentsClose CommentsPermalink

TITLE III--UPPER MATTAPONI TRIBE

Sec. 301. Findings.CommentsClose CommentsPermalink





Sec. 302. Definitions.CommentsClose CommentsPermalink





Sec. 303. Federal recognition.CommentsClose CommentsPermalink





Sec. 304. Membership; governing documents.CommentsClose CommentsPermalink





Sec. 305. Governing body.CommentsClose CommentsPermalink





Sec. 306. Reservation of the Tribe.CommentsClose CommentsPermalink





Sec. 307. Hunting, fishing, trapping, gathering, and water rights.CommentsClose CommentsPermalink





Sec. 308. Jurisdiction of Commonwealth of Virginia.CommentsClose CommentsPermalink

TITLE IV--RAPPAHANNOCK TRIBE, INC.

Sec. 401. Findings.CommentsClose CommentsPermalink





Sec. 402. Definitions.CommentsClose CommentsPermalink





Sec. 403. Federal recognition.CommentsClose CommentsPermalink





Sec. 404. Membership; governing documents.CommentsClose CommentsPermalink





Sec. 405. Governing body.CommentsClose CommentsPermalink





Sec. 406. Reservation of the Tribe.CommentsClose CommentsPermalink





Sec. 407. Hunting, fishing, trapping, gathering, and water rights.CommentsClose CommentsPermalink





Sec. 408. Jurisdiction of Commonwealth of Virginia.CommentsClose CommentsPermalink

TITLE V--MONACAN INDIAN NATION

Sec. 501. Findings.CommentsClose CommentsPermalink





Sec. 502. Definitions.CommentsClose CommentsPermalink





Sec. 503. Federal recognition.CommentsClose CommentsPermalink





Sec. 504. Membership; governing documents.CommentsClose CommentsPermalink





Sec. 505. Governing body.CommentsClose CommentsPermalink





Sec. 506. Reservation of the Tribe.CommentsClose CommentsPermalink





Sec. 507. Hunting, fishing, trapping, gathering, and water rights.CommentsClose CommentsPermalink





Sec. 508. Jurisdiction of Commonwealth of Virginia.CommentsClose CommentsPermalink

TITLE VI--NANSEMOND INDIAN TRIBE

Sec. 601. Findings.CommentsClose CommentsPermalink





Sec. 602. Definitions.CommentsClose CommentsPermalink





Sec. 603. Federal recognition.CommentsClose CommentsPermalink





Sec. 604. Membership; governing documents.CommentsClose CommentsPermalink





Sec. 605. Governing body.CommentsClose CommentsPermalink





Sec. 606. Reservation of the Tribe.CommentsClose CommentsPermalink





Sec. 607. Hunting, fishing, trapping, gathering, and water rights.CommentsClose CommentsPermalink





Sec. 608. Jurisdiction of Commonwealth of Virginia.CommentsClose CommentsPermalink

TITLE I--CHICKAHOMINY INDIAN TRIBECommentsClose CommentsPermalink

SEC. 101. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) in 1614, the Chickahominy Indian Tribe entered into a treaty with Sir Thomas Dale, Governor of the Jamestown Colony, under which--CommentsClose CommentsPermalink





(A) the Chickahominy Indian Tribe agreed to provide 2 bushels of corn per man and send warriors to protect the English; andCommentsClose CommentsPermalink





(B) Sir Thomas Dale agreed in return to allow the Tribe to continue to practice its own tribal governance;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(4) in 1677, following Bacon’s Rebellion, the Queen of Pamunkey signed the Treaty of Middle Plantation on behalf of the Chickahominy;CommentsClose CommentsPermalink





(5) in 1702, the Chickahominy were forced from their reservation, which caused the loss of a land base;CommentsClose CommentsPermalink





(6) in 1711, the College of William and Mary in Williamsburg established a grammar school for Indians called Brafferton College;CommentsClose CommentsPermalink





(7) a Chickahominy child was 1 of the first Indians to attend Brafferton College;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(9) in 1793, a Baptist missionary named Bradby took refuge with the Chickahominy and took a Chickahominy woman as his wife;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(11) in 1901, the Chickahominy Indian Tribe formed Samaria Baptist Church;CommentsClose CommentsPermalink





(12) from 1901 to 1935, Chickahominy men were assessed a tribal tax so that their children could receive an education;CommentsClose CommentsPermalink





(13) the Tribe used the proceeds from the tax to build the first Samaria Indian School, buy supplies, and pay a teacher’s salary;CommentsClose CommentsPermalink





(14) in 1919, C. Lee Moore, Auditor of Public Accounts for Virginia, told Chickahominy Chief O.O. Adkins that he had instructed the Commissioner of Revenue for Charles City County to record Chickahominy tribal members on the county tax rolls as Indian, and not as White or colored;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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’;CommentsClose CommentsPermalink





(21) in 1948, the Veterans’ Education Committee of the Virginia State Board of Education approved Samaria Indian School to provide training to veterans;CommentsClose CommentsPermalink





(22) that school was established and run by the Chickahominy Indian Tribe;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(24) the Samaria Indian School included students in grades 1 through 8;CommentsClose CommentsPermalink





(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’;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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.);CommentsClose CommentsPermalink





(28) in 1974, the Chickahominy Indian Tribe bought land and built a tribal center using monthly pledges from tribal members to finance the transactions;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(30) in 1985, Governor Gerald Baliles was the special guest at an intertribal Thanksgiving Day dinner hosted by the Chickahominy Indian Tribe.CommentsClose CommentsPermalink

SEC. 102. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(2) TRIBAL MEMBER- The term ‘tribal member’ means--CommentsClose CommentsPermalink





(A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; andCommentsClose CommentsPermalink





(B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title.CommentsClose CommentsPermalink





(3) TRIBE- The term ‘Tribe’ means the Chickahominy Indian Tribe.CommentsClose CommentsPermalink

SEC. 103. FEDERAL RECOGNITION.

(a) Federal Recognition-CommentsClose CommentsPermalink





(1) IN GENERAL- Federal recognition is extended to the Tribe.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Federal Services and Benefits-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the existence of a reservation for the Tribe; orCommentsClose CommentsPermalink





(B) the location of the residence of any tribal member on or near any Indian reservation.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 105. GOVERNING BODY.

The governing body of the Tribe shall be--CommentsClose CommentsPermalink





(1) the governing body of the Tribe in place as of the date of enactment of this Act; orCommentsClose CommentsPermalink





(2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.CommentsClose CommentsPermalink

SEC. 106. RESERVATION OF THE TRIBE.

(a) In General- On request of the Tribe, the Secretary--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if the land is located within the boundaries of New Kent County, James City County, Charles City County, or Henrico County, Virginia.CommentsClose CommentsPermalink





(b) Deadline for Determination- The Secretary shall--CommentsClose CommentsPermalink





(1) not later than 3 years after the date of a request of the Tribe under subsection (a), make a final written determination regarding the request; andCommentsClose CommentsPermalink





(2) immediately make that determination available to the Tribe.CommentsClose CommentsPermalink





(c) Reservation Status- On request of the Tribe, any land taken into trust for the benefit of the Tribe pursuant to this section shall be considered to be a part of the reservation of the Tribe.CommentsClose CommentsPermalink





(d) Gaming- The Tribe may not conduct gaming activities--CommentsClose CommentsPermalink





(1) as a matter of claimed inherent authority; orCommentsClose CommentsPermalink





(2) pursuant to any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any regulations promulgated pursuant to that Act by the Secretary or the National Indian Gaming Commission).CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 108. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

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





(b) Acceptance of Commonwealth Jurisdiction by Secretary- The Secretary may accept on behalf of the United States, after consultation with the Attorney General of the United States, all or any portion of the jurisdiction of the Commonwealth of Virginia described in subsection (a) on verification by the Secretary of a certification by the Tribe that the Tribe possesses the capacity to reassume that jurisdiction.CommentsClose CommentsPermalink





(c) Effect of Section- Nothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919).CommentsClose CommentsPermalink

TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISIONCommentsClose CommentsPermalink

SEC. 201. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) in 1614, the Chickahominy Indian Tribe entered into a treaty with Sir Thomas Dale, Governor of the Jamestown Colony, under which--CommentsClose CommentsPermalink





(A) the Chickahominy Indian Tribe agreed to provide 2 bushels of corn per man and send warriors to protect the English; andCommentsClose CommentsPermalink





(B) Sir Thomas Dale agreed in return to allow the Tribe to continue to practice its own tribal governance;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(4) in 1677, following Bacon’s Rebellion, the Queen of Pamunkey signed the Treaty of Middle Plantation on behalf of the Chickahominy;CommentsClose CommentsPermalink





(5) in 1702, the Chickahominy were forced from their reservation, which caused the loss of a land base;CommentsClose CommentsPermalink





(6) in 1711, the College of William and Mary in Williamsburg established a grammar school for Indians called Brafferton College;CommentsClose CommentsPermalink





(7) a Chickahominy child was 1 of the first Indians to attend Brafferton College;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(9) in 1793, a Baptist missionary named Bradby took refuge with the Chickahominy and took a Chickahominy woman as his wife;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(12) other records were destroyed when the New Kent County courthouse was burned, leaving a State census as the only record covering that period;CommentsClose CommentsPermalink





(13) in 1901, the Chickahominy Indian Tribe formed Samaria Baptist Church;CommentsClose CommentsPermalink





(14) from 1901 to 1935, Chickahominy men were assessed a tribal tax so that their children could receive an education;CommentsClose CommentsPermalink





(15) the Tribe used the proceeds from the tax to build the first Samaria Indian School, buy supplies, and pay a teacher’s salary;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(17) during the period of 1920 through 1921, the Chickahominy Indian Tribe--Eastern Division began forming a tribal government;CommentsClose CommentsPermalink





(18) E.P. Bradby, the founder of the Tribe, was elected to be Chief;CommentsClose CommentsPermalink





(19) in 1922, Tsena Commocko Baptist Church was organized;CommentsClose CommentsPermalink





(20) in 1925, a certificate of incorporation was issued to the Chickahominy Indian Tribe--Eastern Division;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(23) during the period of 1982 through 1984, Tsena Commocko Baptist Church built a new sanctuary to accommodate church growth;CommentsClose CommentsPermalink





(24) in 1983 the Chickahominy Indian Tribe--Eastern Division was granted State recognition along with 5 other Virginia Indian tribes;CommentsClose CommentsPermalink





(25) in 1985--CommentsClose CommentsPermalink





(A) the Virginia Council on Indians was organized as a State agency; andCommentsClose CommentsPermalink





(B) the Chickahominy Indian Tribe--Eastern Division was granted a seat on the Council;CommentsClose CommentsPermalink





(26) in 1988, a nonprofit organization known as the ‘United Indians of Virginia’ was formed; andCommentsClose CommentsPermalink





(27) Chief Marvin ‘Strongoak’ Bradby of the Eastern Band of the Chickahominy presently chairs the organization.CommentsClose CommentsPermalink

SEC. 202. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(2) TRIBAL MEMBER- The term ‘tribal member’ means--CommentsClose CommentsPermalink





(A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; andCommentsClose CommentsPermalink





(B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title.CommentsClose CommentsPermalink





(3) TRIBE- The term ‘Tribe’ means the Chickahominy Indian Tribe--Eastern Division.CommentsClose CommentsPermalink

SEC. 203. FEDERAL RECOGNITION.

(a) Federal Recognition-CommentsClose CommentsPermalink





(1) IN GENERAL- Federal recognition is extended to the Tribe.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Federal Services and Benefits-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the existence of a reservation for the Tribe; orCommentsClose CommentsPermalink





(B) the location of the residence of any tribal member on or near any Indian reservation.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 205. GOVERNING BODY.

The governing body of the Tribe shall be--CommentsClose CommentsPermalink





(1) the governing body of the Tribe in place as of the date of enactment of this Act; orCommentsClose CommentsPermalink





(2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.CommentsClose CommentsPermalink

SEC. 206. RESERVATION OF THE TRIBE.

(a) In General- On request of the Tribe, the Secretary--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if the land is located within the boundaries of New Kent County, James City County, Charles City County, or Henrico County, Virginia.CommentsClose CommentsPermalink





(b) Deadline for Determination- The Secretary shall--CommentsClose CommentsPermalink





(1) not later than 3 years after the date of a request of the Tribe under subsection (a), make a final written determination regarding the request; andCommentsClose CommentsPermalink





(2) immediately make that determination available to the Tribe.CommentsClose CommentsPermalink





(c) Reservation Status- On request of the Tribe, any land taken into trust for the benefit of the Tribe pursuant to this section shall be considered to be a part of the reservation of the Tribe.CommentsClose CommentsPermalink





(d) Gaming- The Tribe may not conduct gaming activities--CommentsClose CommentsPermalink





(1) as a matter of claimed inherent authority; orCommentsClose CommentsPermalink





(2) pursuant to any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any regulations promulgated pursuant to that Act by the Secretary or the National Indian Gaming Commission).CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 208. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

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





(b) Acceptance of Commonwealth Jurisdiction by Secretary- The Secretary may accept on behalf of the United States, after consultation with the Attorney General of the United States, all or any portion of the jurisdiction of the Commonwealth of Virginia described in subsection (a) on verification by the Secretary of a certification by the Tribe that the Tribe possesses the capacity to reassume that jurisdiction.CommentsClose CommentsPermalink





(c) Effect of Section- Nothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919).CommentsClose CommentsPermalink

TITLE III--UPPER MATTAPONI TRIBECommentsClose CommentsPermalink

SEC. 301. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) during the period of 1607 through 1646, the Chickahominy Indian Tribes--CommentsClose CommentsPermalink





(A) lived approximately 20 miles from Jamestown; andCommentsClose CommentsPermalink





(B) were significantly involved in English-Indian affairs;CommentsClose CommentsPermalink





(2) Mattaponi Indians, who later joined the Chickahominy Indians, lived a greater distance from Jamestown;CommentsClose CommentsPermalink





(3) in 1646, the Chickahominy Indians moved to Mattaponi River basin, away from the English;CommentsClose CommentsPermalink





(4) in 1661, the Chickahominy Indians sold land at a place known as ‘the cliffs’ on the Mattaponi River;CommentsClose CommentsPermalink





(5) in 1669, the Chickahominy Indians--CommentsClose CommentsPermalink





(A) appeared in the Virginia Colony’s census of Indian bowmen; andCommentsClose CommentsPermalink





(B) lived in ‘New Kent’ County, which included the Mattaponi River basin at that time;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(8) in 1695, the Chickahominy and Mattaponi Indians--CommentsClose CommentsPermalink





(A) were assigned a reservation by the Virginia Colony; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(9) in 1711, a Chickahominy boy attended the Indian School at the College of William and Mary;CommentsClose CommentsPermalink





(10) in 1726, the Virginia Colony discontinued funding of interpreters for the Chickahominy and Mattaponi Indian Tribes;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(12) today, a majority of the Upper Mattaponi Indians have ‘Adams’ as their surname;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(16) during the period of 1884 through the present, county marriage records usually refer to Upper Mattaponis as ‘Indians’;CommentsClose CommentsPermalink





(17) in 1901, Smithsonian anthropologist James Mooney heard about the Upper Mattaponi Indians but did not visit them;CommentsClose CommentsPermalink





(18) in 1928, University of Pennsylvania anthropologist Frank Speck published a book on modern Virginia Indians with a section on the Upper Mattaponis;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(20) during the period of 1942 through 1945--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) a tribal roll for the Upper Mattaponi Indians was compiled;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(22) in 1983, the Upper Mattaponi Indians applied for and won State recognition as an Indian tribe.CommentsClose CommentsPermalink

SEC. 302. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(2) TRIBAL MEMBER- The term ‘tribal member’ means--CommentsClose CommentsPermalink





(A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; andCommentsClose CommentsPermalink





(B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title.CommentsClose CommentsPermalink





(3) TRIBE- The term ‘Tribe’ means the Upper Mattaponi Tribe.CommentsClose CommentsPermalink

SEC. 303. FEDERAL RECOGNITION.

(a) Federal Recognition-CommentsClose CommentsPermalink





(1) IN GENERAL- Federal recognition is extended to the Tribe.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Federal Services and Benefits-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the existence of a reservation for the Tribe; orCommentsClose CommentsPermalink





(B) the location of the residence of any tribal member on or near any Indian reservation.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 305. GOVERNING BODY.

The governing body of the Tribe shall be--CommentsClose CommentsPermalink





(1) the governing body of the Tribe in place as of the date of enactment of this Act; orCommentsClose CommentsPermalink





(2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.CommentsClose CommentsPermalink

SEC. 306. RESERVATION OF THE TRIBE.

(a) In General- On request of the Tribe, the Secretary--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if the land is located within the boundaries of King William County, Caroline County, Hanover County, King and Queen County, and New Kent County, Virginia.CommentsClose CommentsPermalink





(b) Deadline for Determination- The Secretary shall--CommentsClose CommentsPermalink





(1) not later than 3 years after the date of a request of the Tribe under subsection (a), make a final written determination regarding the request; andCommentsClose CommentsPermalink





(2) immediately make that determination available to the Tribe.CommentsClose CommentsPermalink





(c) Reservation Status- On request of the Tribe, any land taken into trust for the benefit of the Tribe pursuant to this section shall be considered to be a part of the reservation of the Tribe.CommentsClose CommentsPermalink





(d) Gaming- The Tribe may not conduct gaming activities--CommentsClose CommentsPermalink





(1) as a matter of claimed inherent authority; orCommentsClose CommentsPermalink





(2) pursuant to any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any regulations promulgated pursuant to that Act by the Secretary or the National Indian Gaming Commission).CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 308. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

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





(b) Acceptance of Commonwealth Jurisdiction by Secretary- The Secretary may accept on behalf of the United States, after consultation with the Attorney General of the United States, all or any portion of the jurisdiction of the Commonwealth of Virginia described in subsection (a) on verification by the Secretary of a certification by the Tribe that the Tribe possesses the capacity to reassume that jurisdiction.CommentsClose CommentsPermalink





(c) Effect of Section- Nothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919).CommentsClose CommentsPermalink

TITLE IV--RAPPAHANNOCK TRIBE, INC.CommentsClose CommentsPermalink

SEC. 401. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1)(A) the first encounter with the English colonists was chronicled by George Percy on May 5, 1607, when the Rappahannock werowance, Pipiscumah or Pipisco, sent a messenger to Captain Christopher Newport bidding the English to come to him.CommentsClose CommentsPermalink





(B) Percy wrote, ‘When we came to Rappahanna’s town, he entertained us in good humanity.’;CommentsClose CommentsPermalink





(C) the meeting took place approximately 10 miles from Jamestown, at the principal town of the Rappahannocks on the James River, Quioughcohanock (also called ‘Tapahanauk’);CommentsClose CommentsPermalink





(D) Quioughcohanock was a part of the Powhatan chiefdom as well as a later town named after the werowance, Pipisco;CommentsClose CommentsPermalink





(E) those towns were located in (Old) James City County, which later became Surry County, Virginia; andCommentsClose CommentsPermalink





(F) there are numerous interactions between those Rappahannock towns and the English recorded in the Jamestown Narratives during the period of 1607 through 1617;CommentsClose CommentsPermalink





(2) during the initial months after Virginia was settled, the Rappahannock Indians had 2 encounters with Captain John Smith;CommentsClose CommentsPermalink





(3)(A) a meeting occurred during the time when Powhatan held Smith captive (December 1607 through January 8, 1608);CommentsClose CommentsPermalink





(B) Smith was taken to the Rappahannock principal town on the Rappahannock River to see if he was the ‘great man’ that had previously sailed into the Rappahannock River, killed their king and kidnaped their people; andCommentsClose CommentsPermalink





(C) it was determined that Smith was too short to be that ‘great man’;CommentsClose CommentsPermalink





(4) a second meeting took place during Smith’s exploration of the Chesapeake Bay (July 1608 to September 1608), when, after the Moraughtacund Indians had stolen 3 women from the Rappahannock King, Smith was prevailed on to facilitate a peaceful truce between the Rappahannock and the Moraughtacund Indians;CommentsClose CommentsPermalink





(5) in the settlement, Smith had the 2 Indian tribes meet on the spot of their first fight;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(8) in 1645, Captain William Claiborne tried unsuccessfully to establish treaty relations with the Rappahannocks, because the Rappahannock towns on the Rappahannock River had not participated in the Pamunkey-led uprising in 1644, and the English wanted to ‘treat with the Rappahannocks or any other Indians not in amity with Opechancanough, concerning serving the County against the Pamunkey’s’;CommentsClose CommentsPermalink





(9) in April 1651, the Rappahannocks conveyed a tract of land to an English settler, Colonel Morre Fauntleroy;CommentsClose CommentsPermalink





(10) the deed for the conveyance was signed by Accopatough, weroance of the Rappahannock Indians;CommentsClose CommentsPermalink





(11) in September 1653, Lancaster County signed a treaty with Rappahannock Indians, the terms of which treaty--CommentsClose CommentsPermalink





(A) gave Rappahannocks the rights of Englishmen in the county court; andCommentsClose CommentsPermalink





(B) attempted to make the Rappahannocks more accountable under English law;CommentsClose CommentsPermalink





(12) in September 1653, Lancaster County defined and marked the bounds of its Indian settlements;CommentsClose CommentsPermalink





(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’;CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) mirrored the Lancaster County treaty from 1653; andCommentsClose CommentsPermalink





(B) stated that--CommentsClose CommentsPermalink





(i) Rappahannocks were to be rewarded, in Roanoke, for returning English fugitives; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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’;CommentsClose CommentsPermalink





(16) in 1669, the colony conducted a census of Virginia Indians;CommentsClose CommentsPermalink





(17) as of the date of that census--CommentsClose CommentsPermalink





(A) the majority of the Rappahannocks were residing at their hunting village on the north side of the Mattaponi River; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(19) in May 1677, the Treaty of Middle Plantation was signed with England;CommentsClose CommentsPermalink





(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’;CommentsClose CommentsPermalink





(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’, the land being located in (Old) New Kent County, which was later divided to include the modern counties of Caroline and King & Queen in Virginia;CommentsClose CommentsPermalink





(22) the Rappahannock ‘town’ was the hunting village on the north side of the Mattaponi River, where the Rappahannocks had lived throughout the 1670s;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(24) in 1683, following raids by Iroquoian warriors on Indian and English settlements, the Virginia Colonial Council ordered the Rappahannocks to leave their reservation and unite with the Nanzatico Indians at Nanzatico Indian Town, which was located across and up the Rappahannock River approximately 30 miles in King George County;CommentsClose CommentsPermalink





(25) between 1687 and 1699, the Rappahannocks migrated out of Nanzatico, returning to the south side of the Rappahannock River at Portobacco Indian Town;CommentsClose CommentsPermalink





(26)(A) in 1706, by order of Essex County, Lieutenant Richard Covington ‘escorted’ the Portobaccos, Nanzaticos, and Rappahannocks out of Portabacco Indian Town, out of Essex County, and into King and Queen County, where those Indians settled along the ridgeline between the Rappahannock and Mattaponi Rivers, the site of their ancient hunting village and 1682 reservation; andCommentsClose CommentsPermalink





(B) that land encompassed the Newtown area on the King & Queen County side of the Mattaponi River and extended into Mangohick, on the King William County side of the Mattaponi River;CommentsClose CommentsPermalink





(27) during the 1760s, 3 Rappahannock girls were raised on Thomas Nelson’s Bleak Hill Plantation in King William County;CommentsClose CommentsPermalink





(28) of those girls--CommentsClose CommentsPermalink





(A) 1 married a Saunders man;CommentsClose CommentsPermalink





(B) 1 married a Johnson man; andCommentsClose CommentsPermalink





(C) 1 had 2 children, Edmund and Carter Nelson, fathered by Thomas Cary Nelson;CommentsClose CommentsPermalink





(29)(A) land was gifted by the Nelson family to the Saunders and Johnson families as wedding gifts to the Rappahannock girls in King William County; andCommentsClose CommentsPermalink





(B) in the 19th century, those Saunders, Johnson, and Nelson families were among the core Rappahannock families from which the modern Rappahannock Tribe traces its descent;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(31) Edmund Bird was added to the tax roles in 1821;CommentsClose CommentsPermalink





(32) those tax records are significant documentation because the great majority of pre-1864 records for King and Queen County were destroyed by fire;CommentsClose CommentsPermalink





(33) beginning in 1819, and continuing through the 1880s, there was a solid Rappahannock presence in the membership at Upper Essex Baptist Church;CommentsClose CommentsPermalink





(34) that was the first instance of conversion to Christianity by at least some Rappahannock Indians;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(37) Mastin referred to the Rappahannocks during the period of 1850 to 1870 as ‘Indians, having a great need for moral and Christian guidance’;CommentsClose CommentsPermalink





(38) St. Stephens was the dominant tribal church until the Rappahannock Indian Baptist Church was established in 1964;CommentsClose CommentsPermalink





(39) at both churches, the core Rappahannock family names of Bird, Clarke, Fortune, Johnson, Nelson, Parker, and Richardson predominate;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(41) in November 1920, Speck visited the Rappahannocks and assisted them in organizing the fight for their sovereign rights;CommentsClose CommentsPermalink





(42) in 1921, the Rappahannocks were granted a charter from the Commonwealth of Virginia formalizing their tribal government;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(45) the letter concerned Indian freedom of speech and assembly nationwide;CommentsClose CommentsPermalink





(46) in 1922, the Rappahannocks established a formal school at Lloyds, Essex County, Virginia;CommentsClose CommentsPermalink





(47) prior to establishment of the school, Rappahannock children were taught by a tribal member in Central Point, Caroline County, Virginia;CommentsClose CommentsPermalink





(48) in December 1923, Rappahannock Chief George Nelson testified before Congress appealing for a $50,000 appropriation to establish an Indian school in Virginia;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(51) in February 1930, Truesdell replied to Nelson saying that ‘special instructions’ were being given about classifying Indians;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(54) the Rappahannocks had spoken with Caroline and Essex County enumerators, and with John M.W. Green at that point, without success;CommentsClose CommentsPermalink





(55) Nelson asked Truesdell to list people as Indians if he sent a list of members;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(59) during the Second World War, the Pamunkeys, Mattaponis, Chickahominies, and Rappahannocks had to fight the draft boards with respect to their racial identities;CommentsClose CommentsPermalink





(60) the Virginia Vital Statistics Bureau insisted that certain Indian draftees be inducted into Negro units;CommentsClose CommentsPermalink





(61) finally, 3 Rappahannocks who were convicted of violating the Federal draft laws because they refused to be inducted unless they could be classified as Indian, after spending time in a Federal prison, were granted conscientious objector status and served out the remainder of the war working in military hospitals;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(66) in the late 1940s and early 1950s, the Rappahannocks operated a school at Indian Neck;CommentsClose CommentsPermalink





(67) the Commonwealth agreed to pay a tribal teacher to teach 10 students bused by King and Queen County to Sharon Indian School in King William County, Virginia;CommentsClose CommentsPermalink





(68) in 1965, Rappahannock students entered Marriott High School (a White public school) by executive order of the Governor of Virginia;CommentsClose CommentsPermalink





(69) in 1972, the Rappahannocks worked with the Coalition of Eastern Native Americans to fight for Federal recognition;CommentsClose CommentsPermalink





(70) in 1979, the Coalition established a pottery and artisans company, operating with other Virginia tribes;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(72) in 1983, the Rappahannocks received State recognition as an Indian tribe.CommentsClose CommentsPermalink

SEC. 402. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(2) TRIBAL MEMBER- The term ‘tribal member’ means--CommentsClose CommentsPermalink





(A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; andCommentsClose CommentsPermalink





(B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title.CommentsClose CommentsPermalink





(3) TRIBE-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘Tribe’ means the organization possessing the legal name Rappahannock Tribe, Inc.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 403. FEDERAL RECOGNITION.

(a) Federal Recognition-CommentsClose CommentsPermalink





(1) IN GENERAL- Federal recognition is extended to the Tribe.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Federal Services and Benefits-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the existence of a reservation for the Tribe; orCommentsClose CommentsPermalink





(B) the location of the residence of any tribal member on or near any Indian reservation.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 405. GOVERNING BODY.

The governing body of the Tribe shall be--CommentsClose CommentsPermalink





(1) the governing body of the Tribe in place as of the date of enactment of this Act; orCommentsClose CommentsPermalink





(2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.CommentsClose CommentsPermalink

SEC. 406. RESERVATION OF THE TRIBE.

(a) In General- On request of the Tribe, the Secretary--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if the land is located within the boundaries of King and Queen County, Richmond County, Lancaster County, King George County, Essex County, Caroline County, New Kent County, King William County, and James City County, Virginia.CommentsClose CommentsPermalink





(b) Deadline for Determination- The Secretary shall--CommentsClose CommentsPermalink





(1) not later than 3 years after the date of a request of the Tribe under subsection (a), make a final written determination regarding the request; andCommentsClose CommentsPermalink





(2) immediately make that determination available to the Tribe.CommentsClose CommentsPermalink





(c) Reservation Status- On request of the Tribe, any land taken into trust for the benefit of the Tribe pursuant to this section shall be considered to be a part of the reservation of the Tribe.CommentsClose CommentsPermalink





(d) Gaming- The Tribe may not conduct gaming activities--CommentsClose CommentsPermalink





(1) as a matter of claimed inherent authority; orCommentsClose CommentsPermalink





(2) pursuant to any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any regulations promulgated pursuant to that Act by the Secretary or the National Indian Gaming Commission).CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 408. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

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





(b) Acceptance of Commonwealth Jurisdiction by Secretary- The Secretary may accept on behalf of the United States, after consultation with the Attorney General of the United States, all or any portion of the jurisdiction of the Commonwealth of Virginia described in subsection (a) on verification by the Secretary of a certification by the Tribe that the Tribe possesses the capacity to reassume that jurisdiction.CommentsClose CommentsPermalink





(c) Effect of Section- Nothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919).CommentsClose CommentsPermalink

TITLE V--MONACAN INDIAN NATIONCommentsClose CommentsPermalink

SEC. 501. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) in 1677, the Monacan Tribe signed the Treaty of Middle Plantation between Charles II of England and 12 Indian ‘Kings and Chief Men’;CommentsClose CommentsPermalink





(2) in 1722, in the Treaty of Albany, Governor Spotswood negotiated to save the Virginia Indians from extinction at the hands of the Iroquois;CommentsClose CommentsPermalink





(3) specifically mentioned in the negotiations were the Monacan tribes of the Totero (Tutelo), Saponi, Ocheneeches (Occaneechi), Stengenocks, and Meipontskys;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(5) in 1782, tax records also began for those families;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(7) in 1870, a log structure was built at the Bear Mountain Indian Mission;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(9) in 1920, 304 Amherst Indians were identified in the United States census;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(13) that letter was forwarded to the Department of the Interior, Office of Indian Affairs, Chicago, Illinois;CommentsClose CommentsPermalink





(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’;CommentsClose CommentsPermalink





(15) in 1979, a Federal Coalition of Eastern Native Americans established the entity known as ‘Monacan Co-operative Pottery’ at the Amherst Mission;CommentsClose CommentsPermalink





(16) some important pieces were produced at Monacan Co-operative Pottery, including a piece that was sold to the Smithsonian Institution;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(19) in 1993, the Monacan Tribe received tax-exempt status as a nonprofit corporation from the Internal Revenue Service.CommentsClose CommentsPermalink

SEC. 502. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(2) TRIBAL MEMBER- The term ‘tribal member’ means--CommentsClose CommentsPermalink





(A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; andCommentsClose CommentsPermalink





(B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title.CommentsClose CommentsPermalink





(3) TRIBE- The term ‘Tribe’ means the Monacan Indian Nation.CommentsClose CommentsPermalink

SEC. 503. FEDERAL RECOGNITION.

(a) Federal Recognition-CommentsClose CommentsPermalink





(1) IN GENERAL- Federal recognition is extended to the Tribe.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Federal Services and Benefits-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the existence of a reservation for the Tribe; orCommentsClose CommentsPermalink





(B) the location of the residence of any tribal member on or near any Indian reservation.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 505. GOVERNING BODY.

The governing body of the Tribe shall be--CommentsClose CommentsPermalink





(1) the governing body of the Tribe in place as of the date of enactment of this Act; orCommentsClose CommentsPermalink





(2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.CommentsClose CommentsPermalink

SEC. 506. RESERVATION OF THE TRIBE.

(a) In General- On request of the Tribe, the Secretary--CommentsClose CommentsPermalink





(1) shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if the land is located within the boundaries of Amherst County, Virginia; andCommentsClose CommentsPermalink





(2) may take into trust for the benefit of the Tribe--CommentsClose CommentsPermalink





(A) any land held in fee by the Tribe, if the land is located within the boundaries of Amherst County, Virginia; andCommentsClose CommentsPermalink





(B) the parcels of land located in Rockbridge County, Virginia (subject to the consent of the local unit of government), owned by Mr. J. Poole, described as East 731 Sandbridge (encompassing approximately 4.74 acres) and East 731 (encompassing approximately 5.12 acres).CommentsClose CommentsPermalink





(b) Deadline for Determination- The Secretary shall--CommentsClose CommentsPermalink





(1) not later than 3 years after the date of a request of the Tribe under subsection (a)(2), make a final written determination regarding the request; andCommentsClose CommentsPermalink





(2) immediately make that determination available to the Tribe.CommentsClose CommentsPermalink





(c) Reservation Status- On request of the Tribe, any land taken into trust for the benefit of the Tribe pursuant to this section shall be considered to be a part of the reservation of the Tribe.CommentsClose CommentsPermalink





(d) Gaming- The Tribe may not conduct gaming activities--CommentsClose CommentsPermalink





(1) as a matter of claimed inherent authority; orCommentsClose CommentsPermalink





(2) pursuant to any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any regulations promulgated pursuant to that Act by the Secretary or the National Indian Gaming Commission).CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 508. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

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





(b) Acceptance of Commonwealth Jurisdiction by Secretary- The Secretary may accept on behalf of the United States, after consultation with the Attorney General of the United States, all or any portion of the jurisdiction of the Commonwealth of Virginia described in subsection (a) on verification by the Secretary of a certification by the Tribe that the Tribe possesses the capacity to reassume that jurisdiction.CommentsClose CommentsPermalink





(c) Effect of Section- Nothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919).CommentsClose CommentsPermalink

TITLE VI--NANSEMOND INDIAN TRIBECommentsClose CommentsPermalink

SEC. 601. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) from 1607 until 1646, Nansemond Indians--CommentsClose CommentsPermalink





(A) lived approximately 30 miles from Jamestown; andCommentsClose CommentsPermalink





(B) were significantly involved in English-Indian affairs;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(5) in 1669, the 2 Nansemond sections appeared in Virginia Colony’s census of Indian bowmen;CommentsClose CommentsPermalink





(6) in 1677, Nansemond Indians were signatories to the Treaty of 1677 with the King of England;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(8) Virginia represented those Indian tribes in the final Treaty of Albany, 1722;CommentsClose CommentsPermalink





(9) in 1711, a Nansemond boy attended the Indian School at the College of William and Mary;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(11) in 1742, Norfolk County issued a certificate of Nansemond descent to William Bass;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(13) the last surviving members of that section sold out in 1792 with the permission of the Commonwealth of Virginia;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(15) in 1833, Virginia enacted a law enabling people of European and Indian descent to obtain a special certificate of ancestry;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(17) a Methodist mission established around 1850 for Nansemonds is currently a standard Methodist congregation with Nansemond members;CommentsClose CommentsPermalink





(18) in 1901, Smithsonian anthropologist James Mooney--CommentsClose CommentsPermalink





(A) visited the Nansemonds; andCommentsClose CommentsPermalink





(B) completed a tribal census that counted 61 households and was later published;CommentsClose CommentsPermalink





(19) in 1922, Nansemonds were given a special Indian school in the segregated school system of Norfolk County;CommentsClose CommentsPermalink





(20) the school survived only a few years;CommentsClose CommentsPermalink





(21) in 1928, University of Pennsylvania anthropologist Frank Speck published a book on modern Virginia Indians that included a section on the Nansemonds; andCommentsClose CommentsPermalink





(22) the Nansemonds were organized formally, with elected officers, in 1984, and later applied for and received State recognition.CommentsClose CommentsPermalink

SEC. 602. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(2) TRIBAL MEMBER- The term ‘tribal member’ means--CommentsClose CommentsPermalink





(A) an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; andCommentsClose CommentsPermalink





(B) an individual who has been placed on the membership rolls of the Tribe in accordance with this title.CommentsClose CommentsPermalink





(3) TRIBE- The term ‘Tribe’ means the Nansemond Indian Tribe.CommentsClose CommentsPermalink

SEC. 603. FEDERAL RECOGNITION.

(a) Federal Recognition-CommentsClose CommentsPermalink





(1) IN GENERAL- Federal recognition is extended to the Tribe.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Federal Services and Benefits-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the existence of a reservation for the Tribe; orCommentsClose CommentsPermalink





(B) the location of the residence of any tribal member on or near any Indian reservation.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 605. GOVERNING BODY.

The governing body of the Tribe shall be--CommentsClose CommentsPermalink





(1) the governing body of the Tribe in place as of the date of enactment of this Act; orCommentsClose CommentsPermalink





(2) any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.CommentsClose CommentsPermalink

SEC. 606. RESERVATION OF THE TRIBE.

(a) In General- On request of the Tribe, the Secretary--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if the land is located within the boundaries of the city of Suffolk, the city of Chesapeake, or Isle of Wight County, Virginia.CommentsClose CommentsPermalink





(b) Deadline for Determination- The Secretary shall--CommentsClose CommentsPermalink





(1) not later than 3 years after the date of a request of the Tribe under subsection (a), make a final written determination regarding the request; andCommentsClose CommentsPermalink





(2) immediately make that determination available to the Tribe.CommentsClose CommentsPermalink





(c) Reservation Status- On request of the Tribe, any land taken into trust for the benefit of the Tribe pursuant to this section shall be considered to be a part of the reservation of the Tribe.CommentsClose CommentsPermalink





(d) Gaming- The Tribe may not conduct gaming activities--CommentsClose CommentsPermalink





(1) as a matter of claimed inherent authority; orCommentsClose CommentsPermalink





(2) pursuant to any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (including any regulations promulgated pursuant to that Act by the Secretary or the National Indian Gaming Commission).CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 608. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

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





(b) Acceptance of Commonwealth Jurisdiction by Secretary- The Secretary may accept on behalf of the United States, after consultation with the Attorney General of the United States, all or any portion of the jurisdiction of the Commonwealth of Virginia described in subsection (a) on verification by the Secretary of a certification by the Tribe that the Tribe possesses the capacity to reassume that jurisdiction.CommentsClose CommentsPermalink





(c) Effect of Section- Nothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919).CommentsClose CommentsPermalink