{"id":5963,"date":"2019-06-01T09:14:08","date_gmt":"2019-06-01T09:14:08","guid":{"rendered":"https:\/\/laweuro.com\/?p=5963"},"modified":"2019-06-01T09:14:08","modified_gmt":"2019-06-01T09:14:08","slug":"public-law-115-121-thomasina-e-jordan-indian-tribes-of-virginia-federal-recognition-act-of-2017","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=5963","title":{"rendered":"Public Law 115-121 &#8211; Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2017"},"content":{"rendered":"<p>[115th Congress Public Law 121]<br \/>\n[From the U.S. Government Publishing Office]<\/p>\n<div><iframe loading=\"lazy\" class=\"embed-pdf-viewer\" src=\"https:\/\/laweuro.com\/wp-content\/uploads\/2019\/06\/PLAW-115publ121.pdf\" height=\"1000\" width=\"100%\" title=\"PLAW 115publ121\"><\/iframe><\/p>\n<p><a href=\"https:\/\/laweuro.com\/wp-content\/uploads\/2019\/06\/PLAW-115publ121.pdf\" title=\"PLAW 115publ121\">PLAW 115publ121<\/a><\/p>\n<\/div>\n<p>[[Page 39]]<\/p>\n<p>THOMASINA E. JORDAN INDIAN TRIBES OF<\/p>\n<p>VIRGINIA FEDERAL RECOGNITION<\/p>\n<p>ACT OF 2017<\/p>\n<p>[[Page 132 STAT. 40]]<\/p>\n<p>Public Law 115-121<br \/>\n115th Congress<\/p>\n<p>An Act<\/p>\n<p>To extend Federal recognition to the Chickahominy Indian Tribe, the<br \/>\nChickahominy Indian Tribe&#8211;Eastern Division, the Upper Mattaponi Tribe,<br \/>\nthe Rappahannock Tribe, Inc., the Monacan Indian Nation, and the<br \/>\nNansemond Indian Tribe. &lt;&lt;NOTE: Jan. 29, 2018 &#8211; [H.R. 984]&gt;&gt;<\/p>\n<p>Be it enacted by the Senate and House of Representatives of the<br \/>\nUnited States of America in Congress assembled, &lt;&lt;NOTE: Thomasina E.<br \/>\nJordan Indian Tribes of Virginia Federal Recognition Act of 2017.&gt;&gt;<br \/>\nSECTION 1. SHORT TITLE; TABLE OF CONTENTS.<\/p>\n<p>(a) Short Title.&#8211;This Act may be cited as the &#8220;Thomasina E. Jordan<br \/>\nIndian Tribes of Virginia Federal Recognition Act of 2017&#8221;.<br \/>\n(b) Table of Contents.&#8211;The table of contents of this Act is as<br \/>\nfollows:<\/p>\n<p>Sec. 1. Short title; table of contents.<br \/>\nSec. 2. Indian Child Welfare Act of 1978.<\/p>\n<p>TITLE I&#8211;CHICKAHOMINY INDIAN TRIBE<\/p>\n<p>Sec. 101. Findings.<br \/>\nSec. 102. Definitions.<br \/>\nSec. 103. Federal recognition.<br \/>\nSec. 104. Membership; governing documents.<br \/>\nSec. 105. Governing body.<br \/>\nSec. 106. Reservation of the Tribe.<br \/>\nSec. 107. Hunting, fishing, trapping, gathering, and water rights.<\/p>\n<p>TITLE II&#8211;CHICKAHOMINY INDIAN TRIBE&#8211;EASTERN DIVISION<\/p>\n<p>Sec. 201. Findings.<br \/>\nSec. 202. Definitions.<br \/>\nSec. 203. Federal recognition.<br \/>\nSec. 204. Membership; governing documents.<br \/>\nSec. 205. Governing body.<br \/>\nSec. 206. Reservation of the Tribe.<br \/>\nSec. 207. Hunting, fishing, trapping, gathering, and water rights.<\/p>\n<p>TITLE III&#8211;UPPER MATTAPONI TRIBE<\/p>\n<p>Sec. 301. Findings.<br \/>\nSec. 302. Definitions.<br \/>\nSec. 303. Federal recognition.<br \/>\nSec. 304. Membership; governing documents.<br \/>\nSec. 305. Governing body.<br \/>\nSec. 306. Reservation of the Tribe.<br \/>\nSec. 307. Hunting, fishing, trapping, gathering, and water rights.<\/p>\n<p>TITLE IV&#8211;RAPPAHANNOCK TRIBE, INC.<\/p>\n<p>Sec. 401. Findings.<br \/>\nSec. 402. Definitions.<br \/>\nSec. 403. Federal recognition.<br \/>\nSec. 404. Membership; governing documents.<br \/>\nSec. 405. Governing body.<br \/>\nSec. 406. Reservation of the Tribe.<br \/>\nSec. 407. Hunting, fishing, trapping, gathering, and water rights.<\/p>\n<p>[[Page 132 STAT. 41]]<\/p>\n<p>TITLE V&#8211;MONACAN INDIAN NATION<\/p>\n<p>Sec. 501. Findings.<br \/>\nSec. 502. Definitions.<br \/>\nSec. 503. Federal recognition.<br \/>\nSec. 504. Membership; governing documents.<br \/>\nSec. 505. Governing body.<br \/>\nSec. 506. Reservation of the Tribe.<br \/>\nSec. 507. Hunting, fishing, trapping, gathering, and water rights.<\/p>\n<p>TITLE VI&#8211;NANSEMOND INDIAN TRIBE<\/p>\n<p>Sec. 601. Findings.<br \/>\nSec. 602. Definitions.<br \/>\nSec. 603. Federal recognition.<br \/>\nSec. 604. Membership; governing documents.<br \/>\nSec. 605. Governing body.<br \/>\nSec. 606. Reservation of the Tribe.<br \/>\nSec. 607. Hunting, fishing, trapping, gathering, and water rights.<\/p>\n<p>TITLE VII&#8211;EMINENT DOMAIN<\/p>\n<p>Sec. 701. Limitation.<\/p>\n<p>SEC. 2. INDIAN CHILD WELFARE ACT OF 1978.<\/p>\n<p>Nothing in this Act affects the application of section 109 of the<br \/>\nIndian Child Welfare Act of 1978 (25 U.S.C. 1919).<\/p>\n<p>TITLE I&#8211;CHICKAHOMINY INDIAN TRIBE<\/p>\n<p>SEC. 101. FINDINGS.<\/p>\n<p>Congress finds that&#8211;<br \/>\n(1) in 1607, when the English settlers set shore along the<br \/>\nVirginia coastline, the Chickahominy Indian Tribe was one of<br \/>\nabout 30 tribes that received them;<br \/>\n(2) in 1614, the Chickahominy Indian Tribe entered into a<br \/>\ntreaty with Sir Thomas Dale, Governor of the Jamestown Colony,<br \/>\nunder which&#8211;<br \/>\n(A) the Chickahominy Indian Tribe agreed to provide<br \/>\ntwo bushels of corn per man and send warriors to protect<br \/>\nthe English; and<br \/>\n(B) Sir Thomas Dale agreed in return to allow the<br \/>\nTribe to continue to practice its own tribal governance;<br \/>\n(3) in 1646, a treaty was signed which forced the<br \/>\nChickahominy from their homeland to the area around the York<br \/>\nMattaponi River in present-day King William County, leading to<br \/>\nthe formation of a reservation;<br \/>\n(4) in 1677, following Bacon&#8217;s Rebellion, the Queen of<br \/>\nPamunkey signed the Treaty of Middle Plantation on behalf of the<br \/>\nChickahominy;<br \/>\n(5) in 1702, the Chickahominy were forced from their<br \/>\nreservation, which caused the loss of a land base;<br \/>\n(6) in 1711, the College of William and Mary in Williamsburg<br \/>\nestablished a grammar school for Indians called Brafferton<br \/>\nCollege;<br \/>\n(7) a Chickahominy child was one of the first Indians to<br \/>\nattend Brafferton College;<br \/>\n(8) in 1750, the Chickahominy Indian Tribe began to migrate<br \/>\nfrom King William County back to the area around the<br \/>\nChickahominy River in New Kent and Charles City Counties;<br \/>\n(9) in 1793, a Baptist missionary named Bradby took refuge<br \/>\nwith the Chickahominy and took a Chickahominy woman as his wife;<\/p>\n<p>[[Page 132 STAT. 42]]<\/p>\n<p>(10) in 1831, the names of the ancestors of the modern-day<br \/>\nChickahominy Indian Tribe began to appear in the Charles City<br \/>\nCounty census records;<br \/>\n(11) in 1901, the Chickahominy Indian Tribe formed Samaria<br \/>\nBaptist Church;<br \/>\n(12) from 1901 to 1935, Chickahominy men were assessed a<br \/>\ntribal tax so that their children could receive an education;<br \/>\n(13) the Tribe used the proceeds from the tax to build the<br \/>\nfirst Samaria Indian School, buy supplies, and pay a teacher&#8217;s<br \/>\nsalary;<br \/>\n(14) in 1919, C. Lee Moore, Auditor of Public Accounts for<br \/>\nVirginia, told Chickahominy Chief O.W. Adkins that he had<br \/>\ninstructed the Commissioner of Revenue for Charles City County<br \/>\nto record Chickahominy tribal members on the county tax rolls as<br \/>\nIndian, and not as White or colored;<br \/>\n(15) during the period of 1920 through 1930, various<br \/>\nGovernors of the Commonwealth of Virginia wrote letters of<br \/>\nintroduction for Chickahominy Chiefs who had official business<br \/>\nwith Federal agencies in Washington, DC;<br \/>\n(16) in 1934, Chickahominy Chief O.O. Adkins wrote to John<br \/>\nCollier, Commissioner of Indian Affairs, requesting money to<br \/>\nacquire land for the Chickahominy Indian Tribe&#8217;s use, to build<br \/>\nschool, medical, and library facilities and to buy tractors,<br \/>\nimplements, and seed;<br \/>\n(17) in 1934, John Collier, Commissioner of Indian Affairs,<br \/>\nwrote to Chickahominy Chief O.O. Adkins, informing him that<br \/>\nCongress had passed the Act of June 18, 1934 (commonly known as<br \/>\nthe &#8220;Indian Reorganization Act&#8221;) (25 U.S.C. 461 et seq.), but<br \/>\nhad not made the appropriation to fund the Act;<br \/>\n(18) in 1942, Chickahominy Chief O.O. Adkins wrote to John<br \/>\nCollier, Commissioner of Indian Affairs, asking for help in<br \/>\ngetting the proper racial designation on Selective Service<br \/>\nrecords for Chickahominy soldiers;<br \/>\n(19) in 1943, John Collier, Commissioner of Indian Affairs,<br \/>\nasked Douglas S. Freeman, editor of the Richmond News-Leader<br \/>\nnewspaper of Richmond, Virginia, to help Virginia Indians obtain<br \/>\nproper racial designation on birth records;<br \/>\n(20) Collier stated that his office could not officially<br \/>\nintervene because it had no responsibility for the Virginia<br \/>\nIndians, &#8220;as a matter largely of historical accident&#8221;, but was<br \/>\n&#8220;interested in them as descendants of the original inhabitants<br \/>\nof the region&#8221;;<br \/>\n(21) in 1948, the Veterans&#8217; Education Committee of the<br \/>\nVirginia State Board of Education approved Samaria Indian School<br \/>\nto provide training to veterans;<br \/>\n(22) that school was established and run by the Chickahominy<br \/>\nIndian Tribe;<br \/>\n(23) in 1950, the Chickahominy Indian Tribe purchased and<br \/>\ndonated to the Charles City County School Board land to be used<br \/>\nto build a modern school for students of the Chickahominy and<br \/>\nother Virginia Indian tribes;<br \/>\n(24) the Samaria Indian School included students in grades 1<br \/>\nthrough 8;<br \/>\n(25) in 1961, Senator Sam Ervin, Chairman of the<br \/>\nSubcommittee on Constitutional Rights of the Committee on the<br \/>\nJudiciary of the Senate, requested Chickahominy Chief O.O.<\/p>\n<p>[[Page 132 STAT. 43]]<\/p>\n<p>Adkins to provide assistance in analyzing the status of the<br \/>\nconstitutional rights of Indians &#8220;in your area&#8221;;<br \/>\n(26) in 1967, the Charles City County school board closed<br \/>\nSamaria Indian School and converted the school to a countywide<br \/>\nprimary school as a step toward full school integration of<br \/>\nIndian and non-Indian students;<br \/>\n(27) in 1972, the Charles City County school board began<br \/>\nreceiving funds under the Indian Self-Determination and<br \/>\nEducation Assistance Act (25 U.S.C. 458aa et seq.) on behalf of<br \/>\nChickahominy students, which funding is provided as of the date<br \/>\nof enactment of this Act under title V of the Indian Self-<br \/>\nDetermination and Education Assistance Act (25 U.S.C. 458aaa et<br \/>\nseq.);<br \/>\n(28) in 1974, the Chickahominy Indian Tribe bought land and<br \/>\nbuilt a tribal center using monthly pledges from tribal members<br \/>\nto finance the transactions;<br \/>\n(29) in 1983, the Chickahominy Indian Tribe was granted<br \/>\nrecognition as an Indian tribe by the Commonwealth of Virginia,<br \/>\nalong with five other Indian tribes; and<br \/>\n(30) in 1985, Governor Gerald Baliles was the special guest<br \/>\nat an intertribal Thanksgiving Day dinner hosted by the<br \/>\nChickahominy Indian Tribe.<br \/>\nSEC. 102. DEFINITIONS.<\/p>\n<p>In this title:<br \/>\n(1) Secretary.&#8211;The term &#8220;Secretary&#8221; means the Secretary<br \/>\nof the Interior.<br \/>\n(2) Tribal member.&#8211;The term &#8220;tribal member&#8221; means&#8211;<br \/>\n(A) an individual who is an enrolled member of the<br \/>\nTribe as of the date of enactment of this Act; and<br \/>\n(B) an individual who has been placed on the<br \/>\nmembership rolls of the Tribe in accordance with this<br \/>\ntitle.<br \/>\n(3) Tribe.&#8211;The term &#8220;Tribe&#8221; means the Chickahominy Indian<br \/>\nTribe.<br \/>\nSEC. 103. FEDERAL RECOGNITION.<\/p>\n<p>(a) Federal Recognition.&#8211;<br \/>\n(1) In general.&#8211;Federal recognition is extended to the<br \/>\nTribe.<br \/>\n(2) Applicability of laws.&#8211;All laws (including regulations)<br \/>\nof the United States of general applicability to Indians or<br \/>\nnations, Indian tribes, or bands of Indians (including the Act<br \/>\nof June 18, 1934 (25 U.S.C. 461 et seq.)) that are not<br \/>\ninconsistent with this title shall be applicable to the Tribe<br \/>\nand tribal members.<\/p>\n<p>(b) Federal Services and Benefits.&#8211;<br \/>\n(1) &lt;&lt;NOTE: Effective date.&gt;&gt; In general.&#8211;On and after the<br \/>\ndate of enactment of this Act, the Tribe and tribal members<br \/>\nshall be eligible for all services and benefits provided by the<br \/>\nFederal Government to federally recognized Indian tribes without<br \/>\nregard to the existence of a reservation for the Tribe.<br \/>\n(2) Service area.&#8211;For the purpose of the delivery of<br \/>\nFederal services to tribal members, the service area of the<br \/>\nTribe shall be considered to be the area comprised of New Kent<br \/>\nCounty, James City County, Charles City County, and Henrico<br \/>\nCounty, Virginia.<\/p>\n<p>[[Page 132 STAT. 44]]<\/p>\n<p>SEC. 104. MEMBERSHIP; GOVERNING DOCUMENTS.<\/p>\n<p>The membership roll and governing documents of the Tribe shall be<br \/>\nthe most recent membership roll and governing documents, respectively,<br \/>\nsubmitted by the Tribe to the Secretary before the date of enactment of<br \/>\nthis Act.<br \/>\nSEC. 105. GOVERNING BODY.<\/p>\n<p>The governing body of the Tribe shall be&#8211;<br \/>\n(1) &lt;&lt;NOTE: Effective date.&gt;&gt; the governing body of the<br \/>\nTribe in place as of the date of enactment of this Act; or<br \/>\n(2) any subsequent governing body elected in accordance with<br \/>\nthe election procedures specified in the governing documents of<br \/>\nthe Tribe.<br \/>\nSEC. 106. RESERVATION OF THE TRIBE.<\/p>\n<p>(a) In General.&#8211;Upon the request of the Tribe, the Secretary of the<br \/>\nInterior&#8211;<br \/>\n(1) shall take into trust for the benefit of the Tribe any<br \/>\nland held in fee by the Tribe that was acquired by the Tribe on<br \/>\nor before January 1, 2007, if such lands are located within the<br \/>\nboundaries of New Kent County, James City County, Charles City<br \/>\nCounty, or Henrico County, Virginia; and<br \/>\n(2) may take into trust for the benefit of the Tribe any<br \/>\nland held in fee by the Tribe, if such lands are located within<br \/>\nthe boundaries of New Kent County, James City County, Charles<br \/>\nCity County, or Henrico County, Virginia.<\/p>\n<p>(b) Deadline for Determination.&#8211;The Secretary shall make a final<br \/>\nwritten determination not later than 3 years of the date which the Tribe<br \/>\nsubmits a request for land to be taken into trust under subsection<br \/>\n(a)(2) and shall immediately make that determination available to the<br \/>\nTribe.<br \/>\n(c) Reservation Status.&#8211;Any land taken into trust for the benefit<br \/>\nof the Tribe pursuant to this paragraph shall, upon request of the<br \/>\nTribe, be considered part of the reservation of the Tribe.<br \/>\n(d) Gaming.&#8211;The Tribe may not conduct gaming activities as a matter<br \/>\nof claimed inherent authority or under the authority of any Federal law,<br \/>\nincluding the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or<br \/>\nunder any regulations thereunder promulgated by the Secretary or the<br \/>\nNational Indian Gaming Commission.<br \/>\nSEC. 107. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.<\/p>\n<p>Nothing in this title expands, reduces, or affects in any manner any<br \/>\nhunting, fishing, trapping, gathering, or water rights of the Tribe and<br \/>\nmembers of the Tribe.<\/p>\n<p>TITLE II&#8211;CHICKAHOMINY INDIAN TRIBE&#8211;EASTERN DIVISION<\/p>\n<p>SEC. 201. FINDINGS.<\/p>\n<p>Congress finds that&#8211;<br \/>\n(1) in 1607, when the English settlers set shore along the<br \/>\nVirginia coastline, the Chickahominy Indian Tribe was one of<br \/>\nabout 30 tribes that received them;<\/p>\n<p>[[Page 132 STAT. 45]]<\/p>\n<p>(2) in 1614, the Chickahominy Indian Tribe entered into a<br \/>\ntreaty with Sir Thomas Dale, Governor of the Jamestown Colony,<br \/>\nunder which&#8211;<br \/>\n(A) the Chickahominy Indian Tribe agreed to provide<br \/>\ntwo bushels of corn per man and send warriors to protect<br \/>\nthe English; and<br \/>\n(B) Sir Thomas Dale agreed in return to allow the<br \/>\nTribe to continue to practice its own tribal governance;<br \/>\n(3) in 1646, a treaty was signed which forced the<br \/>\nChickahominy from their homeland to the area around the York<br \/>\nRiver in present-day King William County, leading to the<br \/>\nformation of a reservation;<br \/>\n(4) in 1677, following Bacon&#8217;s Rebellion, the Queen of<br \/>\nPamunkey signed the Treaty of Middle Plantation on behalf of the<br \/>\nChickahominy;<br \/>\n(5) in 1702, the Chickahominy were forced from their<br \/>\nreservation, which caused the loss of a land base;<br \/>\n(6) in 1711, the College of William and Mary in Williamsburg<br \/>\nestablished a grammar school for Indians called Brafferton<br \/>\nCollege;<br \/>\n(7) a Chickahominy child was one of the first Indians to<br \/>\nattend Brafferton College;<br \/>\n(8) in 1750, the Chickahominy Indian Tribe began to migrate<br \/>\nfrom King William County back to the area around the<br \/>\nChickahominy River in New Kent and Charles City Counties;<br \/>\n(9) in 1793, a Baptist missionary named Bradby took refuge<br \/>\nwith the Chickahominy and took a Chickahominy woman as his wife;<br \/>\n(10) in 1831, the names of the ancestors of the modern-day<br \/>\nChickahominy Indian Tribe began to appear in the Charles City<br \/>\nCounty census records;<br \/>\n(11) in 1870, a census revealed an enclave of Indians in New<br \/>\nKent County that is believed to be the beginning of the<br \/>\nChickahominy Indian Tribe&#8211;Eastern Division;<br \/>\n(12) other records were destroyed when the New Kent County<br \/>\ncourthouse was burned, leaving a State census as the only record<br \/>\ncovering that period;<br \/>\n(13) in 1901, the Chickahominy Indian Tribe formed Samaria<br \/>\nBaptist Church;<br \/>\n(14) from 1901 to 1935, Chickahominy men were assessed a<br \/>\ntribal tax so that their children could receive an education;<br \/>\n(15) the Tribe used the proceeds from the tax to build the<br \/>\nfirst Samaria Indian School, buy supplies, and pay a teacher&#8217;s<br \/>\nsalary;<br \/>\n(16) in 1910, a one-room school covering grades 1 through 8<br \/>\nwas established in New Kent County for the Chickahominy Indian<br \/>\nTribe&#8211;Eastern Division;<br \/>\n(17) during the period of 1920 through 1921, the<br \/>\nChickahominy Indian Tribe&#8211;Eastern Division began forming a<br \/>\ntribal government;<br \/>\n(18) E.P. Bradby, the founder of the Tribe, was elected to<br \/>\nbe Chief;<br \/>\n(19) in 1922, Tsena Commocko Baptist Church was organized;<br \/>\n(20) in 1925, a certificate of incorporation was issued to<br \/>\nthe Chickahominy Indian Tribe&#8211;Eastern Division;<\/p>\n<p>[[Page 132 STAT. 46]]<\/p>\n<p>(21) in 1950, the one-room Indian school in New Kent County<br \/>\nwas closed and students were bused to Samaria Indian School in<br \/>\nCharles City County;<br \/>\n(22) in 1967, the Chickahominy Indian Tribe and the<br \/>\nChickahominy Indian Tribe&#8211;Eastern Division lost their schools<br \/>\nas a result of the required integration of students;<br \/>\n(23) during the period of 1982 through 1984, Tsena Commocko<br \/>\nBaptist Church built a new sanctuary to accommodate church<br \/>\ngrowth;<br \/>\n(24) in 1983 the Chickahominy Indian Tribe&#8211;Eastern Division<br \/>\nwas granted State recognition along with five other Virginia<br \/>\nIndian tribes;<br \/>\n(25) in 1985&#8211;<br \/>\n(A) the Virginia Council on Indians was organized as<br \/>\na State agency; and<br \/>\n(B) the Chickahominy Indian Tribe&#8211;Eastern Division<br \/>\nwas granted a seat on the Council;<br \/>\n(26) in 1988, a nonprofit organization known as the &#8220;United<br \/>\nIndians of Virginia&#8221; was formed; and<br \/>\n(27) Chief Marvin &#8220;Strongoak&#8221; Bradby of the Eastern Band<br \/>\nof the Chickahominy presently chairs the organization.<br \/>\nSEC. 202. DEFINITIONS.<\/p>\n<p>In this title:<br \/>\n(1) Secretary.&#8211;The term &#8220;Secretary&#8221; means the Secretary<br \/>\nof the Interior.<br \/>\n(2) Tribal member.&#8211;The term &#8220;tribal member&#8221; means&#8211;<br \/>\n(A) an individual who is an enrolled member of the<br \/>\nTribe as of the date of enactment of this Act; and<br \/>\n(B) an individual who has been placed on the<br \/>\nmembership rolls of the Tribe in accordance with this<br \/>\ntitle.<br \/>\n(3) Tribe.&#8211;The term &#8220;Tribe&#8221; means the Chickahominy Indian<br \/>\nTribe&#8211;Eastern Division.<br \/>\nSEC. 203. FEDERAL RECOGNITION.<\/p>\n<p>(a) Federal Recognition.&#8211;<br \/>\n(1) In general.&#8211;Federal recognition is extended to the<br \/>\nTribe.<br \/>\n(2) Applicability of laws.&#8211;All laws (including regulations)<br \/>\nof the United States of general applicability to Indians or<br \/>\nnations, Indian tribes, or bands of Indians (including the Act<br \/>\nof June 18, 1934 (25 U.S.C. 461 et seq.)) that are not<br \/>\ninconsistent with this title shall be applicable to the Tribe<br \/>\nand tribal members.<\/p>\n<p>(b) Federal Services and Benefits.&#8211;<br \/>\n(1) &lt;&lt;NOTE: Effective date.&gt;&gt; In general.&#8211;On and after the<br \/>\ndate of enactment of this Act, the Tribe and tribal members<br \/>\nshall be eligible for all future services and benefits provided<br \/>\nby the Federal Government to federally recognized Indian tribes<br \/>\nwithout regard to the existence of a reservation for the Tribe.<br \/>\n(2) Service area.&#8211;For the purpose of the delivery of<br \/>\nFederal services to tribal members, the service area of the<br \/>\nTribe shall be considered to be the area comprised of New Kent<br \/>\nCounty, James City County, Charles City County, and Henrico<br \/>\nCounty, Virginia.<\/p>\n<p>[[Page 132 STAT. 47]]<\/p>\n<p>SEC. 204. MEMBERSHIP; GOVERNING DOCUMENTS.<\/p>\n<p>The membership roll and governing documents of the Tribe shall be<br \/>\nthe most recent membership roll and governing documents, respectively,<br \/>\nsubmitted by the Tribe to the Secretary before the date of enactment of<br \/>\nthis Act.<br \/>\nSEC. 205. GOVERNING BODY.<\/p>\n<p>The governing body of the Tribe shall be&#8211;<br \/>\n(1) &lt;&lt;NOTE: Effective date.&gt;&gt; the governing body of the<br \/>\nTribe in place as of the date of enactment of this Act; or<br \/>\n(2) any subsequent governing body elected in accordance with<br \/>\nthe election procedures specified in the governing documents of<br \/>\nthe Tribe.<br \/>\nSEC. 206. RESERVATION OF THE TRIBE.<\/p>\n<p>(a) In General.&#8211;Upon the request of the Tribe, the Secretary of the<br \/>\nInterior&#8211;<br \/>\n(1) shall take into trust for the benefit of the Tribe any<br \/>\nland held in fee by the Tribe that was acquired by the Tribe on<br \/>\nor before January 1, 2007, if such lands are located within the<br \/>\nboundaries of New Kent County, James City County, Charles City<br \/>\nCounty, or Henrico County, Virginia; and<br \/>\n(2) may take into trust for the benefit of the Tribe any<br \/>\nland held in fee by the Tribe, if such lands are located within<br \/>\nthe boundaries of New Kent County, James City County, Charles<br \/>\nCity County, or Henrico County, Virginia.<\/p>\n<p>(b) Deadline for Determination.&#8211;The Secretary shall make a final<br \/>\nwritten determination not later than 3 years of the date which the Tribe<br \/>\nsubmits a request for land to be taken into trust under subsection<br \/>\n(a)(2) and shall immediately make that determination available to the<br \/>\nTribe.<br \/>\n(c) Reservation Status.&#8211;Any land taken into trust for the benefit<br \/>\nof the Tribe pursuant to this paragraph shall, upon request of the<br \/>\nTribe, be considered part of the reservation of the Tribe.<br \/>\n(d) Gaming.&#8211;The Tribe may not conduct gaming activities as a matter<br \/>\nof claimed inherent authority or under the authority of any Federal law,<br \/>\nincluding the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or<br \/>\nunder any regulations thereunder promulgated by the Secretary or the<br \/>\nNational Indian Gaming Commission.<br \/>\nSEC. 207. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.<\/p>\n<p>Nothing in this title expands, reduces, or affects in any manner any<br \/>\nhunting, fishing, trapping, gathering, or water rights of the Tribe and<br \/>\nmembers of the Tribe.<\/p>\n<p>TITLE III&#8211;UPPER MATTAPONI TRIBE<\/p>\n<p>SEC. 301. FINDINGS.<\/p>\n<p>Congress finds that&#8211;<br \/>\n(1) during the period of 1607 through 1646, the Chickahominy<br \/>\nIndian Tribes&#8211;<br \/>\n(A) lived approximately 20 miles from Jamestown; and<br \/>\n(B) were significantly involved in English-Indian<br \/>\naffairs;<\/p>\n<p>[[Page 132 STAT. 48]]<\/p>\n<p>(2) Mattaponi Indians, who later joined the Chickahominy<br \/>\nIndians, lived a greater distance from Jamestown;<br \/>\n(3) in 1646, the Chickahominy Indians moved to Mattaponi<br \/>\nRiver basin, away from the English;<br \/>\n(4) in 1661, the Chickahominy Indians sold land at a place<br \/>\nknown as &#8220;the cliffs&#8221; on the Mattaponi River;<br \/>\n(5) in 1669, the Chickahominy Indians&#8211;<br \/>\n(A) appeared in the Virginia Colony&#8217;s census of<br \/>\nIndian bowmen; and<br \/>\n(B) lived in &#8220;New Kent&#8221; County, which included the<br \/>\nMattaponi River basin at that time;<br \/>\n(6) in 1677, the Chickahominy and Mattaponi Indians were<br \/>\nsubjects of the Queen of Pamunkey, who was a signatory to the<br \/>\nTreaty of 1677 with the King of England;<br \/>\n(7) in 1683, after a Mattaponi town was attacked by Seneca<br \/>\nIndians, the Mattaponi Indians took refuge with the Chickahominy<br \/>\nIndians, and the history of the two groups was intertwined for<br \/>\nmany years thereafter;<br \/>\n(8) in 1695, the Chickahominy and Mattaponi Indians&#8211;<br \/>\n(A) were assigned a reservation by the Virginia<br \/>\nColony; and<br \/>\n(B) traded land of the reservation for land at the<br \/>\nplace known as &#8220;the cliffs&#8221; (which, as of the date of<br \/>\nenactment of this Act, is the Mattaponi Indian<br \/>\nReservation), which had been owned by the Mattaponi<br \/>\nIndians before 1661;<br \/>\n(9) in 1711, a Chickahominy boy attended the Indian School<br \/>\nat the College of William and Mary;<br \/>\n(10) in 1726, the Virginia Colony discontinued funding of<br \/>\ninterpreters for the Chickahominy and Mattaponi Indian Tribes;<br \/>\n(11) James Adams, who served as an interpreter to the Indian<br \/>\ntribes known as of the date of enactment of this Act as the<br \/>\n&#8220;Upper Mattaponi Indian Tribe&#8221; and &#8220;Chickahominy Indian<br \/>\nTribe&#8221;, elected to stay with the Upper Mattaponi Indians;<br \/>\n(12) today, a majority of the Upper Mattaponi Indians have<br \/>\n&#8220;Adams&#8221; as their surname;<br \/>\n(13) in 1787, Thomas Jefferson, in Notes on the Commonwealth<br \/>\nof Virginia, mentioned the Mattaponi Indians on a reservation in<br \/>\nKing William County and said that Chickahominy Indians were<br \/>\n&#8220;blended&#8221; with the Mattaponi Indians and nearby Pamunkey<br \/>\nIndians;<br \/>\n(14) in 1850, the census of the United States revealed a<br \/>\nnucleus of approximately 10 families, all ancestral to modern<br \/>\nUpper Mattaponi Indians, living in central King William County,<br \/>\nVirginia, approximately 10 miles from the reservation;<br \/>\n(15) during the period of 1853 through 1884, King William<br \/>\nCounty marriage records listed Upper Mattaponis as &#8220;Indians&#8221;<br \/>\nin marrying people residing on the reservation;<br \/>\n(16) during the period of 1884 through the present, county<br \/>\nmarriage records usually refer to Upper Mattaponis as<br \/>\n&#8220;Indians&#8221;;<br \/>\n(17) in 1901, Smithsonian anthropologist James Mooney heard<br \/>\nabout the Upper Mattaponi Indians but did not visit them;<\/p>\n<p>[[Page 132 STAT. 49]]<\/p>\n<p>(18) in 1928, University of Pennsylvania anthropologist<br \/>\nFrank Speck published a book on modern Virginia Indians with a<br \/>\nsection on the Upper Mattaponis;<br \/>\n(19) from 1929 until 1930, the leadership of the Upper<br \/>\nMattaponi Indians opposed the use of a &#8220;colored&#8221; designation<br \/>\nin the 1930 United States census and won a compromise in which<br \/>\nthe Indian ancestry of the Upper Mattaponis was recorded but<br \/>\nquestioned;<br \/>\n(20) during the period of 1942 through 1945&#8211;<br \/>\n(A) the leadership of the Upper Mattaponi Indians,<br \/>\nwith the help of Frank Speck and others, fought against<br \/>\nthe induction of young men of the Tribe into &#8220;colored&#8221;<br \/>\nunits in the Armed Forces of the United States; and<br \/>\n(B) a tribal roll for the Upper Mattaponi Indians<br \/>\nwas compiled;<br \/>\n(21) from 1945 to 1946, negotiations took place to admit<br \/>\nsome of the young people of the Upper Mattaponi to high schools<br \/>\nfor Federal Indians (especially at Cherokee) because no high<br \/>\nschool coursework was available for Indians in Virginia schools;<br \/>\nand<br \/>\n(22) in 1983, the Upper Mattaponi Indians applied for and<br \/>\nwon State recognition as an Indian tribe.<br \/>\nSEC. 302. DEFINITIONS.<\/p>\n<p>In this title:<br \/>\n(1) Secretary.&#8211;The term &#8220;Secretary&#8221; means the Secretary<br \/>\nof the Interior.<br \/>\n(2) Tribal member.&#8211;The term &#8220;tribal member&#8221; means&#8211;<br \/>\n(A) an individual who is an enrolled member of the<br \/>\nTribe as of the date of enactment of this Act; and<br \/>\n(B) an individual who has been placed on the<br \/>\nmembership rolls of the Tribe in accordance with this<br \/>\ntitle.<br \/>\n(3) Tribe.&#8211;The term &#8220;Tribe&#8221; means the Upper Mattaponi<br \/>\nTribe.<br \/>\nSEC. 303. FEDERAL RECOGNITION.<\/p>\n<p>(a) Federal Recognition.&#8211;<br \/>\n(1) In general.&#8211;Federal recognition is extended to the<br \/>\nTribe.<br \/>\n(2) Applicability of laws.&#8211;All laws (including regulations)<br \/>\nof the United States of general applicability to Indians or<br \/>\nnations, Indian tribes, or bands of Indians (including the Act<br \/>\nof June 18, 1934 (25 U.S.C. 461 et seq.)) that are not<br \/>\ninconsistent with this title shall be applicable to the Tribe<br \/>\nand tribal members.<\/p>\n<p>(b) Federal Services and Benefits.&#8211;<br \/>\n(1) &lt;&lt;NOTE: Effective date.&gt;&gt; In general.&#8211;On and after the<br \/>\ndate of enactment of this Act, the Tribe and tribal members<br \/>\nshall be eligible for all services and benefits provided by the<br \/>\nFederal Government to federally recognized Indian tribes without<br \/>\nregard to the existence of a reservation for the Tribe.<br \/>\n(2) Service area.&#8211;For the purpose of the delivery of<br \/>\nFederal services to tribal members, the service area of the<br \/>\nTribe shall be considered to be the area within 25 miles of the<br \/>\nSharon Indian School at 13383 King William Road, King William<br \/>\nCounty, Virginia.<\/p>\n<p>[[Page 132 STAT. 50]]<\/p>\n<p>SEC. 304. MEMBERSHIP; GOVERNING DOCUMENTS.<\/p>\n<p>The membership roll and governing documents of the Tribe shall be<br \/>\nthe most recent membership roll and governing documents, respectively,<br \/>\nsubmitted by the Tribe to the Secretary before the date of enactment of<br \/>\nthis Act.<br \/>\nSEC. 305. GOVERNING BODY.<\/p>\n<p>The governing body of the Tribe shall be&#8211;<br \/>\n(1) &lt;&lt;NOTE: Effective date.&gt;&gt; the governing body of the<br \/>\nTribe in place as of the date of enactment of this Act; or<br \/>\n(2) any subsequent governing body elected in accordance with<br \/>\nthe election procedures specified in the governing documents of<br \/>\nthe Tribe.<br \/>\nSEC. 306. RESERVATION OF THE TRIBE.<\/p>\n<p>(a) In General.&#8211;Upon the request of the Tribe, the Secretary of the<br \/>\nInterior&#8211;<br \/>\n(1) shall take into trust for the benefit of the Tribe any<br \/>\nland held in fee by the Tribe that was acquired by the Tribe on<br \/>\nor before January 1, 2007, if such lands are located within the<br \/>\nboundaries of King William County, Caroline County, Hanover<br \/>\nCounty, King and Queen County, and New Kent County, Virginia;<br \/>\nand<br \/>\n(2) may take into trust for the benefit of the Tribe any<br \/>\nland held in fee by the Tribe, if such lands are located within<br \/>\nthe boundaries of King William County, Caroline County, Hanover<br \/>\nCounty, King and Queen County, and New Kent County, Virginia.<\/p>\n<p>(b) Deadline for Determination.&#8211;The Secretary shall make a final<br \/>\nwritten determination not later than 3 years of the date which the Tribe<br \/>\nsubmits a request for land to be taken into trust under subsection<br \/>\n(a)(2) and shall immediately make that determination available to the<br \/>\nTribe.<br \/>\n(c) Reservation Status.&#8211;Any land taken into trust for the benefit<br \/>\nof the Tribe pursuant to this paragraph shall, upon request of the<br \/>\nTribe, be considered part of the reservation of the Tribe.<br \/>\n(d) Gaming.&#8211;The Tribe may not conduct gaming activities as a matter<br \/>\nof claimed inherent authority or under the authority of any Federal law,<br \/>\nincluding the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or<br \/>\nunder any regulations thereunder promulgated by the Secretary or the<br \/>\nNational Indian Gaming Commission.<br \/>\nSEC. 307. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.<\/p>\n<p>Nothing in this title expands, reduces, or affects in any manner any<br \/>\nhunting, fishing, trapping, gathering, or water rights of the Tribe and<br \/>\nmembers of the Tribe.<\/p>\n<p>TITLE IV&#8211;RAPPAHANNOCK TRIBE, INC.<\/p>\n<p>SEC. 401. FINDINGS.<\/p>\n<p>Congress finds that&#8211;<br \/>\n(1) during the initial months after Virginia was settled,<br \/>\nthe Rappahannock Indians had three encounters with Captain John<br \/>\nSmith;<\/p>\n<p>[[Page 132 STAT. 51]]<\/p>\n<p>(2) the first encounter occurred when the Rappahannock<br \/>\nweroance (headman)&#8211;<br \/>\n(A) traveled to Quiyocohannock (a principal town<br \/>\nacross the James River from Jamestown), where he met<br \/>\nwith Smith to determine whether Smith had been the<br \/>\n&#8220;great man&#8221; who had previously sailed into the<br \/>\nRappahannock River, killed a Rappahannock weroance, and<br \/>\nkidnapped Rappahannock people; and<br \/>\n(B) determined that Smith was too short to be that<br \/>\n&#8220;great man&#8221;;<br \/>\n(3) on a second meeting, during John Smith&#8217;s captivity<br \/>\n(December 16, 1607, to January 8, 1608), Smith was taken to the<br \/>\nRappahannock principal village to show the people that Smith was<br \/>\nnot the &#8220;great man&#8221;;<br \/>\n(4) a third meeting took place during Smith&#8217;s exploration of<br \/>\nthe Chesapeake Bay (July to September 1608), when, after the<br \/>\nMoraughtacund Indians had stolen three women from the<br \/>\nRappahannock King, Smith was prevailed upon to facilitate a<br \/>\npeaceful truce between the Rappahannock and the Moraughtacund<br \/>\nIndians;<br \/>\n(5) in the settlement, Smith had the two Indian tribes meet<br \/>\non the spot of their first fight;<br \/>\n(6) when it was established that both groups wanted peace,<br \/>\nSmith told the Rappahannock King to select which of the three<br \/>\nstolen women he wanted;<br \/>\n(7) the Moraughtacund King was given second choice among the<br \/>\ntwo remaining women, and Mosco, a Wighcocomoco (on the Potomac<br \/>\nRiver) guide, was given the third woman;<br \/>\n(8) in 1645, Captain William Claiborne tried unsuccessfully<br \/>\nto establish treaty relations with the Rappahannocks, as the<br \/>\nRappahannocks had not participated in the Pamunkey-led uprising<br \/>\nin 1644, and the English wanted to &#8220;treat with the<br \/>\nRappahannocks or any other Indians not in amity with<br \/>\nOpechancanough, concerning serving the county against the<br \/>\nPamunkeys&#8221;;<br \/>\n(9) in April 1651, the Rappahannocks conveyed a tract of<br \/>\nland to an English settler, Colonel Morre Fauntleroy;<br \/>\n(10) the deed for the conveyance was signed by Accopatough,<br \/>\nweroance of the Rappahannock Indians;<br \/>\n(11) in September 1653, Lancaster County signed a treaty<br \/>\nwith Rappahannock Indians, the terms of which treaty&#8211;<br \/>\n(A) gave Rappahannocks the rights of Englishmen in<br \/>\nthe county court; and<br \/>\n(B) attempted to make the Rappahannocks more<br \/>\naccountable under English law;<br \/>\n(12) in September 1653, Lancaster County defined and marked<br \/>\nthe bounds of its Indian settlements;<br \/>\n(13) according to the Lancaster clerk of court, &#8220;the tribe<br \/>\ncalled the great Rappahannocks lived on the Rappahannock Creek<br \/>\njust across the river above Tappahannock&#8221;;<br \/>\n(14) in September 1656, (Old) Rappahannock County (which, as<br \/>\nof the date of enactment of this Act, is comprised of Richmond<br \/>\nand Essex Counties, Virginia) signed a treaty with Rappahannock<br \/>\nIndians that&#8211;<br \/>\n(A) mirrored the Lancaster County treaty from 1653;<br \/>\nand<br \/>\n(B) stated that&#8211;<\/p>\n<p>[[Page 132 STAT. 52]]<\/p>\n<p>(i) Rappahannocks were to be rewarded, in<br \/>\nRoanoke, for returning English fugitives; and<br \/>\n(ii) the English encouraged the Rappahannocks<br \/>\nto send their children to live among the English<br \/>\nas servants, who the English promised would be<br \/>\nwell-treated;<br \/>\n(15) in 1658, the Virginia Assembly revised a 1652 Act<br \/>\nstating that &#8220;there be no grants of land to any Englishman<br \/>\nwhatsoever de futuro until the Indians be first served with the<br \/>\nproportion of 50 acres of land for each bowman&#8221;;<br \/>\n(16) in 1669, the colony conducted a census of Virginia<br \/>\nIndians;<br \/>\n(17) as of the date of that census&#8211;<br \/>\n(A) the majority of the Rappahannocks were residing<br \/>\nat their hunting village on the north side of the<br \/>\nMattaponi River; and<br \/>\n(B) at the time of the visit, census-takers were<br \/>\ncounting only the Indian tribes along the rivers, which<br \/>\nexplains why only 30 Rappahannock bowmen were counted on<br \/>\nthat river;<br \/>\n(18) the Rappahannocks used the hunting village on the north<br \/>\nside of the Mattaponi River as their primary residence until the<br \/>\nRappahannocks were removed in 1684;<br \/>\n(19) in May 1677, the Treaty of Middle Plantation was signed<br \/>\nwith England;<br \/>\n(20) the Pamunkey Queen Cockacoeske signed on behalf of the<br \/>\nRappahannocks, &#8220;who were supposed to be her tributaries&#8221;, but<br \/>\nbefore the treaty could be ratified, the Queen of Pamunkey<br \/>\ncomplained to the Virginia Colonial Council &#8220;that she was<br \/>\nhaving trouble with Rappahannocks and Chickahominies, supposedly<br \/>\ntributaries of hers&#8221;;<br \/>\n(21) in November 1682, the Virginia Colonial Council<br \/>\nestablished a reservation for the Rappahannock Indians of 3,474<br \/>\nacres &#8220;about the town where they dwelt&#8221;;<br \/>\n(22) the Rappahannock &#8220;town&#8221; was the hunting village on<br \/>\nthe north side of the Mattaponi River, where the Rappahannocks<br \/>\nhad lived throughout the 1670s;<br \/>\n(23) the acreage allotment of the reservation was based on<br \/>\nthe 1658 Indian land act, which translates into a bowman<br \/>\npopulation of 70, or an approximate total Rappahannock<br \/>\npopulation of 350;<br \/>\n(24) in 1683, following raids by Iroquoian warriors on both<br \/>\nIndian and English settlements, the Virginia Colonial Council<br \/>\nordered the Rappahannocks to leave their reservation and unite<br \/>\nwith the Nanzatico Indians at Nanzatico Indian Town, which was<br \/>\nlocated across and up the Rappahannock River some 30 miles;<br \/>\n(25) between 1687 and 1699, the Rappahannocks migrated out<br \/>\nof Nanzatico, returning to the south side of the Rappahannock<br \/>\nRiver at Portobacco Indian Town;<br \/>\n(26) in 1706, by order of Essex County, Lieutenant Richard<br \/>\nCovington &#8220;escorted&#8221; the Portobaccos and Rappahannocks out of<br \/>\nPortobacco Indian Town, out of Essex County, and into King and<br \/>\nQueen County where they settled along the ridgeline between the<br \/>\nRappahannock and Mattaponi Rivers, the site of their ancient<br \/>\nhunting village and 1682 reservation;<\/p>\n<p>[[Page 132 STAT. 53]]<\/p>\n<p>(27) during the 1760s, three Rappahannock girls were raised<br \/>\non Thomas Nelson&#8217;s Bleak Hill Plantation in King William County;<br \/>\n(28) of those girls&#8211;<br \/>\n(A) one married a Saunders man;<br \/>\n(B) one married a Johnson man; and<br \/>\n(C) one had two children, Edmund and Carter Nelson,<br \/>\nfathered by Thomas Cary Nelson;<br \/>\n(29) in the 19th century, those Saunders, Johnson, and<br \/>\nNelson families are among the core Rappahannock families from<br \/>\nwhich the modern Tribe traces its descent;<br \/>\n(30) in 1819 and 1820, Edward Bird, John Bird (and his<br \/>\nwife), Carter Nelson, Edmund Nelson, and Carter Spurlock (all<br \/>\nRappahannock ancestors) were listed on the tax roles of King and<br \/>\nQueen County and taxed at the county poor rate;<br \/>\n(31) Edmund Bird was added to the tax roles in 1821;<br \/>\n(32) those tax records are significant documentation because<br \/>\nthe great majority of pre-1864 records for King and Queen County<br \/>\nwere destroyed by fire;<br \/>\n(33) beginning in 1819, and continuing through the 1880s,<br \/>\nthere was a solid Rappahannock presence in the membership at<br \/>\nUpper Essex Baptist Church;<br \/>\n(34) that was the first instance of conversion to<br \/>\nChristianity by at least some Rappahannock Indians;<br \/>\n(35) while 26 identifiable and traceable Rappahannock<br \/>\nsurnames appear on the pre-1863 membership list, and 28 were<br \/>\nlisted on the 1863 membership roster, the number of surnames<br \/>\nlisted had declined to 12 in 1878 and had risen only slightly to<br \/>\n14 by 1888;<br \/>\n(36) a reason for the decline is that in 1870, a Methodist<br \/>\ncircuit rider, Joseph Mastin, secured funds to purchase land and<br \/>\nconstruct St. Stephens Baptist Church for the Rappahannocks<br \/>\nliving nearby in Caroline County;<br \/>\n(37) Mastin referred to the Rappahannocks during the period<br \/>\nof 1850 to 1870 as &#8220;Indians, having a great need for moral and<br \/>\nChristian guidance&#8221;;<br \/>\n(38) St. Stephens was the dominant tribal church until the<br \/>\nRappahannock Indian Baptist Church was established in 1964;<br \/>\n(39) at both churches, the core Rappahannock family names of<br \/>\nBird, Clarke, Fortune, Johnson, Nelson, Parker, and Richardson<br \/>\npredominate;<br \/>\n(40) during the early 1900s, James Mooney, noted<br \/>\nanthropologist, maintained correspondence with the<br \/>\nRappahannocks, surveying them and instructing them on how to<br \/>\nformalize their tribal government;<br \/>\n(41) in November 1920, Speck visited the Rappahannocks and<br \/>\nassisted them in organizing the fight for their sovereign<br \/>\nrights;<br \/>\n(42) in 1921, the Rappahannocks were granted a charter from<br \/>\nthe Commonwealth of Virginia formalizing their tribal<br \/>\ngovernment;<br \/>\n(43) Speck began a professional relationship with the Tribe<br \/>\nthat would last more than 30 years and document Rappahannock<br \/>\nhistory and traditions as never before;<br \/>\n(44) in April 1921, Rappahannock Chief George Nelson asked<br \/>\nthe Governor of Virginia, Westmoreland Davis, to forward<\/p>\n<p>[[Page 132 STAT. 54]]<\/p>\n<p>a proclamation to the President of the United States, along with<br \/>\nan appended list of tribal members and a handwritten copy of the<br \/>\nproclamation itself;<br \/>\n(45) the letter concerned Indian freedom of speech and<br \/>\nassembly nationwide;<br \/>\n(46) in 1922, the Rappahannocks established a formal school<br \/>\nat Lloyds, Essex County, Virginia;<br \/>\n(47) prior to establishment of the school, Rappahannock<br \/>\nchildren were taught by a tribal member in Central Point,<br \/>\nCaroline County, Virginia;<br \/>\n(48) in December 1923, Rappahannock Chief George Nelson<br \/>\ntestified before Congress appealing for a $50,000 appropriation<br \/>\nto establish an Indian school in Virginia;<br \/>\n(49) in 1930, the Rappahannocks were engaged in an ongoing<br \/>\ndispute with the Commonwealth of Virginia and the United States<br \/>\nCensus Bureau about their classification in the 1930 Federal<br \/>\ncensus;<br \/>\n(50) in January 1930, Rappahannock Chief Otho S. Nelson<br \/>\nwrote to Leon Truesdell, Chief Statistician of the United States<br \/>\nCensus Bureau, asking that the 218 enrolled Rappahannocks be<br \/>\nlisted as Indians;<br \/>\n(51) in February 1930, Truesdell replied to Nelson saying<br \/>\nthat &#8220;special instructions&#8221; were being given about classifying<br \/>\nIndians;<br \/>\n(52) in April 1930, Nelson wrote to William M. Steuart at<br \/>\nthe Census Bureau asking about the enumerators&#8217; failure to<br \/>\nclassify his people as Indians, saying that enumerators had not<br \/>\nasked the question about race when they interviewed his people;<br \/>\n(53) in a followup letter to Truesdell, Nelson reported that<br \/>\nthe enumerators were &#8220;flatly denying&#8221; his people&#8217;s request to<br \/>\nbe listed as Indians and that the race question was completely<br \/>\navoided during interviews;<br \/>\n(54) the Rappahannocks had spoken with Caroline and Essex<br \/>\nCounty enumerators, and with John M.W. Green at that point,<br \/>\nwithout success;<br \/>\n(55) Nelson asked Truesdell to list people as Indians if he<br \/>\nsent a list of members;<br \/>\n(56) the matter was settled by William Steuart, who<br \/>\nconcluded that the Bureau&#8217;s rule was that people of Indian<br \/>\ndescent could be classified as &#8220;Indian&#8221; only if Indian<br \/>\n&#8220;blood&#8221; predominated and &#8220;Indian&#8221; identity was accepted in<br \/>\nthe local community;<br \/>\n(57) the Virginia Vital Statistics Bureau classed all<br \/>\nnonreservation Indians as &#8220;Negro&#8221;, and it failed to see why<br \/>\n&#8220;an exception should be made&#8221; for the Rappahannocks;<br \/>\n(58) therefore, in 1925, the Indian Rights Association took<br \/>\non the Rappahannock case to assist the Rappahannocks in fighting<br \/>\nfor their recognition and rights as an Indian tribe;<br \/>\n(59) during the Second World War, the Pamunkeys, Mattaponis,<br \/>\nChickahominies, and Rappahannocks had to fight the draft boards<br \/>\nwith respect to their racial identities;<br \/>\n(60) the Virginia Vital Statistics Bureau insisted that<br \/>\ncertain Indian draftees be inducted into Negro units;<br \/>\n(61) finally, three Rappahannocks were convicted of<br \/>\nviolating the Federal draft laws and, after spending time in a<br \/>\nFederal prison, were granted conscientious objector status and<\/p>\n<p>[[Page 132 STAT. 55]]<\/p>\n<p>served out the remainder of the war working in military<br \/>\nhospitals;<br \/>\n(62) in 1943, Frank Speck noted that there were<br \/>\napproximately 25 communities of Indians left in the Eastern<br \/>\nUnited States that were entitled to Indian classification,<br \/>\nincluding the Rappahannocks;<br \/>\n(63) in the 1940s, Leon Truesdell, Chief Statistician, of<br \/>\nthe United States Census Bureau, listed 118 members in the<br \/>\nRappahannock Tribe in the Indian population of Virginia;<br \/>\n(64) on April 25, 1940, the Office of Indian Affairs of the<br \/>\nDepartment of the Interior included the Rappahannocks on a list<br \/>\nof Indian tribes classified by State and by agency;<br \/>\n(65) in 1948, the Smithsonian Institution Annual Report<br \/>\nincluded an article by William Harlen Gilbert entitled,<br \/>\n&#8220;Surviving Indian Groups of the Eastern United States&#8221;, which<br \/>\nincluded and described the Rappahannock Tribe;<br \/>\n(66) in the late 1940s and early 1950s, the Rappahannocks<br \/>\noperated a school at Indian Neck;<br \/>\n(67) the State agreed to pay a tribal teacher to teach 10<br \/>\nstudents bused by King and Queen County to Sharon Indian School<br \/>\nin King William County, Virginia;<br \/>\n(68) in 1965, Rappahannock students entered Marriott High<br \/>\nSchool (a White public school) by Executive order of the<br \/>\nGovernor of Virginia;<br \/>\n(69) in 1972, the Rappahannocks worked with the Coalition of<br \/>\nEastern Native Americans to fight for Federal recognition;<br \/>\n(70) in 1979, the Coalition established a pottery and<br \/>\nartisans company, operating with other Virginia tribes;<br \/>\n(71) in 1980, the Rappahannocks received funding through the<br \/>\nAdministration for Native Americans of the Department of Health<br \/>\nand Human Services to develop an economic program for the Tribe;<br \/>\nand<br \/>\n(72) in 1983, the Rappahannocks received State recognition<br \/>\nas an Indian tribe.<br \/>\nSEC. 402. DEFINITIONS.<\/p>\n<p>In this title:<br \/>\n(1) Secretary.&#8211;The term &#8220;Secretary&#8221; means the Secretary<br \/>\nof the Interior.<br \/>\n(2) Tribal member.&#8211;The term &#8220;tribal member&#8221; means&#8211;<br \/>\n(A) an individual who is an enrolled member of the<br \/>\nTribe as of the date of enactment of this Act; and<br \/>\n(B) an individual who has been placed on the<br \/>\nmembership rolls of the Tribe in accordance with this<br \/>\ntitle.<br \/>\n(3) Tribe.&#8211;<br \/>\n(A) In general.&#8211;The term &#8220;Tribe&#8221; means the<br \/>\norganization possessing the legal name Rappahannock<br \/>\nTribe, Inc.<br \/>\n(B) Exclusions.&#8211;The term &#8220;Tribe&#8221; does not include<br \/>\nany other Indian tribe, subtribe, band, or splinter<br \/>\ngroup the members of which represent themselves as<br \/>\nRappahannock Indians.<br \/>\nSEC. 403. FEDERAL RECOGNITION.<\/p>\n<p>(a) Federal Recognition.&#8211;<br \/>\n(1) In general.&#8211;Federal recognition is extended to the<br \/>\nTribe.<\/p>\n<p>[[Page 132 STAT. 56]]<\/p>\n<p>(2) Applicability of laws.&#8211;All laws (including regulations)<br \/>\nof the United States of general applicability to Indians or<br \/>\nnations, Indian tribes, or bands of Indians (including the Act<br \/>\nof June 18, 1934 (25 U.S.C. 461 et seq.)) that are not<br \/>\ninconsistent with this title shall be applicable to the Tribe<br \/>\nand tribal members.<\/p>\n<p>(b) Federal Services and Benefits.&#8211;<br \/>\n(1) &lt;&lt;NOTE: Effective date.&gt;&gt; In general.&#8211;On and after the<br \/>\ndate of enactment of this Act, the Tribe and tribal members<br \/>\nshall be eligible for all services and benefits provided by the<br \/>\nFederal Government to federally recognized Indian tribes without<br \/>\nregard to the existence of a reservation for the Tribe.<br \/>\n(2) Service area.&#8211;For the purpose of the delivery of<br \/>\nFederal services to tribal members, the service area of the<br \/>\nTribe shall be considered to be the area comprised of King and<br \/>\nQueen County, Caroline County, Essex County, and King William<br \/>\nCounty, Virginia.<br \/>\nSEC. 404. MEMBERSHIP; GOVERNING DOCUMENTS.<\/p>\n<p>The membership roll and governing documents of the Tribe shall be<br \/>\nthe most recent membership roll and governing documents, respectively,<br \/>\nsubmitted by the Tribe to the Secretary before the date of enactment of<br \/>\nthis Act.<br \/>\nSEC. 405. GOVERNING BODY.<\/p>\n<p>The governing body of the Tribe shall be&#8211;<br \/>\n(1) &lt;&lt;NOTE: Effective date.&gt;&gt; the governing body of the<br \/>\nTribe in place as of the date of enactment of this Act; or<br \/>\n(2) any subsequent governing body elected in accordance with<br \/>\nthe election procedures specified in the governing documents of<br \/>\nthe Tribe.<br \/>\nSEC. 406. RESERVATION OF THE TRIBE.<\/p>\n<p>(a) In General.&#8211;Upon the request of the Tribe, the Secretary of the<br \/>\nInterior&#8211;<br \/>\n(1) shall take into trust for the benefit of the Tribe any<br \/>\nland held in fee by the Tribe that was acquired by the Tribe on<br \/>\nor before January 1, 2007, if such lands are located within the<br \/>\nboundaries of King and Queen County, Stafford County,<br \/>\nSpotsylvania County, Richmond County, Essex County, and Caroline<br \/>\nCounty, Virginia; and<br \/>\n(2) may take into trust for the benefit of the Tribe any<br \/>\nland held in fee by the Tribe, if such lands are located within<br \/>\nthe boundaries of King and Queen County, Richmond County,<br \/>\nLancaster County, King George County, Essex County, Caroline<br \/>\nCounty, New Kent County, King William County, and James City<br \/>\nCounty, Virginia.<\/p>\n<p>(b) Deadline for Determination.&#8211;The Secretary shall make a final<br \/>\nwritten determination not later than 3 years of the date which the Tribe<br \/>\nsubmits a request for land to be taken into trust under subsection<br \/>\n(a)(2) and shall immediately make that determination available to the<br \/>\nTribe.<br \/>\n(c) Reservation Status.&#8211;Any land taken into trust for the benefit<br \/>\nof the Tribe pursuant to this paragraph shall, upon request of the<br \/>\nTribe, be considered part of the reservation of the Tribe.<br \/>\n(d) Gaming.&#8211;The Tribe may not conduct gaming activities as a matter<br \/>\nof claimed inherent authority or under the authority of any Federal law,<br \/>\nincluding the Indian Gaming Regulatory Act<\/p>\n<p>[[Page 132 STAT. 57]]<\/p>\n<p>(25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated<br \/>\nby the Secretary or the National Indian Gaming Commission.<br \/>\nSEC. 407. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.<\/p>\n<p>Nothing in this title expands, reduces, or affects in any manner any<br \/>\nhunting, fishing, trapping, gathering, or water rights of the Tribe and<br \/>\nmembers of the Tribe.<\/p>\n<p>TITLE V&#8211;MONACAN INDIAN NATION<\/p>\n<p>SEC. 501. FINDINGS.<\/p>\n<p>Congress finds that&#8211;<br \/>\n(1) in 1677, the Monacan Tribe signed the Treaty of Middle<br \/>\nPlantation between Charles II of England and 12 Indian &#8220;Kings<br \/>\nand Chief Men&#8221;;<br \/>\n(2) in 1722, in the Treaty of Albany, Governor Spotswood<br \/>\nnegotiated to save the Virginia Indians from extinction at the<br \/>\nhands of the Iroquois;<br \/>\n(3) specifically mentioned in the negotiations were the<br \/>\nMonacan tribes of the Totero (Tutelo), Saponi, Ocheneeches<br \/>\n(Occaneechi), Stengenocks, and Meipontskys;<br \/>\n(4) in 1790, the first national census recorded Benjamin<br \/>\nEvans and Robert Johns, both ancestors of the present Monacan<br \/>\ncommunity, listed as &#8220;white&#8221; with mulatto children;<br \/>\n(5) in 1782, tax records also began for those families;<br \/>\n(6) in 1850, the United States census recorded 29 families,<br \/>\nmostly large, with Monacan surnames, the members of which are<br \/>\ngenealogically related to the present community;<br \/>\n(7) in 1870, a log structure was built at the Bear Mountain<br \/>\nIndian Mission;<br \/>\n(8) in 1908, the structure became an Episcopal Mission and,<br \/>\nas of the date of enactment of this Act, the structure is listed<br \/>\nas a landmark on the National Register of Historic Places;<br \/>\n(9) in 1920, 304 Amherst Indians were identified in the<br \/>\nUnited States census;<br \/>\n(10) from 1930 through 1931, numerous letters from Monacans<br \/>\nto the Bureau of the Census resulted from the decision of Dr.<br \/>\nWalter Plecker, former head of the Bureau of Vital Statistics of<br \/>\nthe Commonwealth of Virginia, not to allow Indians to register<br \/>\nas Indians for the 1930 census;<br \/>\n(11) the Monacans eventually succeeded in being allowed to<br \/>\nclaim their race, albeit with an asterisk attached to a note<br \/>\nfrom Dr. Plecker stating that there were no Indians in Virginia;<br \/>\n(12) in 1947, D&#8217;Arcy McNickle, a Salish Indian, saw some of<br \/>\nthe children at the Amherst Mission and requested that the<br \/>\nCherokee Agency visit them because they appeared to be Indian;<br \/>\n(13) that letter was forwarded to the Department of the<br \/>\nInterior, Office of Indian Affairs, Chicago, Illinois;<br \/>\n(14) Chief Jarrett Blythe of the Eastern Band of Cherokee<br \/>\ndid visit the Mission and wrote that he &#8220;would be willing to<br \/>\naccept these children in the Cherokee school&#8221;;<\/p>\n<p>[[Page 132 STAT. 58]]<\/p>\n<p>(15) in 1979, a Federal Coalition of Eastern Native<br \/>\nAmericans established the entity known as &#8220;Monacan Co-operative<br \/>\nPottery&#8221; at the Amherst Mission;<br \/>\n(16) some important pieces were produced at Monacan Co-<br \/>\noperative Pottery, including a piece that was sold to the<br \/>\nSmithsonian Institution;<br \/>\n(17) the Mattaponi-Pamunkey-Monacan Consortium, established<br \/>\nin 1981, has since been organized as a nonprofit corporation<br \/>\nthat serves as a vehicle to obtain funds for those Indian tribes<br \/>\nfrom the Department of Labor under Native American programs;<br \/>\n(18) in 1989, the Monacan Tribe was recognized by the<br \/>\nCommonwealth of Virginia, which enabled the Tribe to apply for<br \/>\ngrants and participate in other programs; and<br \/>\n(19) in 1993, the Monacan Tribe received tax-exempt status<br \/>\nas a nonprofit corporation from the Internal Revenue Service.<br \/>\nSEC. 502. DEFINITIONS.<\/p>\n<p>In this title:<br \/>\n(1) Secretary.&#8211;The term &#8220;Secretary&#8221; means the Secretary<br \/>\nof the Interior.<br \/>\n(2) Tribal member.&#8211;The term &#8220;tribal member&#8221; means&#8211;<br \/>\n(A) an individual who is an enrolled member of the<br \/>\nTribe as of the date of enactment of this Act; and<br \/>\n(B) an individual who has been placed on the<br \/>\nmembership rolls of the Tribe in accordance with this<br \/>\ntitle.<br \/>\n(3) Tribe.&#8211;The term &#8220;Tribe&#8221; means the Monacan Indian<br \/>\nNation.<br \/>\nSEC. 503. FEDERAL RECOGNITION.<\/p>\n<p>(a) Federal Recognition.&#8211;<br \/>\n(1) In general.&#8211;Federal recognition is extended to the<br \/>\nTribe.<br \/>\n(2) Applicability of laws.&#8211;All laws (including regulations)<br \/>\nof the United States of general applicability to Indians or<br \/>\nnations, Indian tribes, or bands of Indians (including the Act<br \/>\nof June 18, 1934 (25 U.S.C. 461 et seq.)) that are not<br \/>\ninconsistent with this title shall be applicable to the Tribe<br \/>\nand tribal members.<\/p>\n<p>(b) Federal Services and Benefits.&#8211;<br \/>\n(1) &lt;&lt;NOTE: Effective date.&gt;&gt; In general.&#8211;On and after the<br \/>\ndate of enactment of this Act, the Tribe and tribal members<br \/>\nshall be eligible for all services and benefits provided by the<br \/>\nFederal Government to federally recognized Indian tribes without<br \/>\nregard to the existence of a reservation for the Tribe.<br \/>\n(2) Service area.&#8211;For the purpose of the delivery of<br \/>\nFederal services to tribal members, the service area of the<br \/>\nTribe shall be considered to be the area comprised of all land<br \/>\nwithin 25 miles from the center of Amherst, Virginia.<br \/>\nSEC. 504. MEMBERSHIP; GOVERNING DOCUMENTS.<\/p>\n<p>The membership roll and governing documents of the Tribe shall be<br \/>\nthe most recent membership roll and governing documents, respectively,<br \/>\nsubmitted by the Tribe to the Secretary before the date of enactment of<br \/>\nthis Act.<br \/>\nSEC. 505. GOVERNING BODY.<\/p>\n<p>The governing body of the Tribe shall be&#8211;<\/p>\n<p>[[Page 132 STAT. 59]]<\/p>\n<p>(1) &lt;&lt;NOTE: Effective date.&gt;&gt; the governing body of the<br \/>\nTribe in place as of the date of enactment of this Act; or<br \/>\n(2) any subsequent governing body elected in accordance with<br \/>\nthe election procedures specified in the governing documents of<br \/>\nthe Tribe.<br \/>\nSEC. 506. RESERVATION OF THE TRIBE.<\/p>\n<p>(a) In General.&#8211;Upon the request of the Tribe, the Secretary of the<br \/>\nInterior&#8211;<br \/>\n(1) shall take into trust for the benefit of the Tribe any<br \/>\nland held in fee by the Tribe that was acquired by the Tribe on<br \/>\nor before January 1, 2007, if such lands are located within the<br \/>\nboundaries of Amherst County, Virginia; and<br \/>\n(2) may take into trust for the benefit of the Tribe any<br \/>\nland held in fee by the Tribe, if such lands are located within<br \/>\nthe boundaries of Amherst County, Virginia, and those parcels in<br \/>\nRockbridge County, Virginia (subject to the consent of the local<br \/>\nunit of government), owned by Mr. J. Poole, described as East<br \/>\n731 Sandbridge (encompassing approximately 4.74 acres) and East<br \/>\n731 (encompassing approximately 5.12 acres).<\/p>\n<p>(b) Deadline for Determination.&#8211;The Secretary shall make a final<br \/>\nwritten determination not later than 3 years of the date which the Tribe<br \/>\nsubmits a request for land to be taken into trust under subsection<br \/>\n(a)(2) and shall immediately make that determination available to the<br \/>\nTribe.<br \/>\n(c) Reservation Status.&#8211;Any land taken into trust for the benefit<br \/>\nof the Tribe pursuant to this paragraph shall, upon request of the<br \/>\nTribe, be considered part of the reservation of the Tribe.<br \/>\n(d) Gaming.&#8211;The Tribe may not conduct gaming activities as a matter<br \/>\nof claimed inherent authority or under the authority of any Federal law,<br \/>\nincluding the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or<br \/>\nunder any regulations thereunder promulgated by the Secretary or the<br \/>\nNational Indian Gaming Commission.<br \/>\nSEC. 507. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.<\/p>\n<p>Nothing in this title expands, reduces, or affects in any manner any<br \/>\nhunting, fishing, trapping, gathering, or water rights of the Tribe and<br \/>\nmembers of the Tribe.<\/p>\n<p>TITLE VI&#8211;NANSEMOND INDIAN TRIBE<\/p>\n<p>SEC. 601. FINDINGS.<\/p>\n<p>Congress finds that&#8211;<br \/>\n(1) from 1607 until 1646, Nansemond Indians&#8211;<br \/>\n(A) lived approximately 30 miles from Jamestown; and<br \/>\n(B) were significantly involved in English-Indian<br \/>\naffairs;<br \/>\n(2) after 1646, there were two sections of Nansemonds in<br \/>\ncommunication with each other, the Christianized Nansemonds in<br \/>\nNorfolk County, who lived as citizens, and the traditionalist<br \/>\nNansemonds, who lived further west;<br \/>\n(3) in 1638, according to an entry in a 17th century sermon<br \/>\nbook still owned by the Chief&#8217;s family, a Norfolk County<br \/>\nEnglishman married a Nansemond woman;<\/p>\n<p>[[Page 132 STAT. 60]]<\/p>\n<p>(4) that man and woman are lineal ancestors of all of<br \/>\nmembers of the Nansemond Indian tribe alive as of the date of<br \/>\nenactment of this Act, as are some of the traditionalist<br \/>\nNansemonds;<br \/>\n(5) in 1669, the two Nansemond sections appeared in Virginia<br \/>\nColony&#8217;s census of Indian bowmen;<br \/>\n(6) in 1677, Nansemond Indians were signatories to the<br \/>\nTreaty of 1677 with the King of England;<br \/>\n(7) in 1700 and 1704, the Nansemonds and other Virginia<br \/>\nIndian tribes were prevented by Virginia Colony from making a<br \/>\nseparate peace with the Iroquois;<br \/>\n(8) Virginia represented those Indian tribes in the final<br \/>\nTreaty of Albany, 1722;<br \/>\n(9) in 1711, a Nansemond boy attended the Indian School at<br \/>\nthe College of William and Mary;<br \/>\n(10) in 1727, Norfolk County granted William Bass and his<br \/>\nkinsmen the &#8220;Indian privileges&#8221; of clearing swamp land and<br \/>\nbearing arms (which privileges were forbidden to other non-<br \/>\nWhites) because of their Nansemond ancestry, which meant that<br \/>\nBass and his kinsmen were original inhabitants of that land;<br \/>\n(11) in 1742, Norfolk County issued a certificate of<br \/>\nNansemond descent to William Bass;<br \/>\n(12) from the 1740s to the 1790s, the traditionalist section<br \/>\nof the Nansemond tribe, 40 miles west of the Christianized<br \/>\nNansemonds, was dealing with reservation land;<br \/>\n(13) the last surviving members of that section sold out in<br \/>\n1792 with the permission of the Commonwealth of Virginia;<br \/>\n(14) in 1797, Norfolk County issued a certificate stating<br \/>\nthat William Bass was of Indian and English descent, and that<br \/>\nhis Indian line of ancestry ran directly back to the early 18th<br \/>\ncentury elder in a traditionalist section of Nansemonds on the<br \/>\nreservation;<br \/>\n(15) in 1833, Virginia enacted a law enabling people of<br \/>\nEuropean and Indian descent to obtain a special certificate of<br \/>\nancestry;<br \/>\n(16) the law originated from the county in which Nansemonds<br \/>\nlived, and mostly Nansemonds, with a few people from other<br \/>\ncounties, took advantage of the new law;<br \/>\n(17) a Methodist mission established around 1850 for<br \/>\nNansemonds is currently a standard Methodist congregation with<br \/>\nNansemond members;<br \/>\n(18) in 1901, Smithsonian anthropologist James Mooney&#8211;<br \/>\n(A) visited the Nansemonds; and<br \/>\n(B) completed a tribal census that counted 61<br \/>\nhouseholds and was later published;<br \/>\n(19) in 1922, Nansemonds were given a special Indian school<br \/>\nin the segregated school system of Norfolk County;<br \/>\n(20) the school survived only a few years;<br \/>\n(21) in 1928, University of Pennsylvania anthropologist<br \/>\nFrank Speck published a book on modern Virginia Indians that<br \/>\nincluded a section on the Nansemonds; and<br \/>\n(22) the Nansemonds were organized formally, with elected<br \/>\nofficers, in 1984, and later applied for and received State<br \/>\nrecognition.<\/p>\n<p>[[Page 132 STAT. 61]]<\/p>\n<p>SEC. 602. DEFINITIONS.<\/p>\n<p>In this title:<br \/>\n(1) Secretary.&#8211;The term &#8220;Secretary&#8221; means the Secretary<br \/>\nof the Interior.<br \/>\n(2) Tribal member.&#8211;The term &#8220;tribal member&#8221; means&#8211;<br \/>\n(A) an individual who is an enrolled member of the<br \/>\nTribe as of the date of enactment of this Act; and<br \/>\n(B) an individual who has been placed on the<br \/>\nmembership rolls of the Tribe in accordance with this<br \/>\ntitle.<br \/>\n(3) Tribe.&#8211;The term &#8220;Tribe&#8221; means the Nansemond Indian<br \/>\nTribe.<br \/>\nSEC. 603. FEDERAL RECOGNITION.<\/p>\n<p>(a) Federal Recognition.&#8211;<br \/>\n(1) In general.&#8211;Federal recognition is extended to the<br \/>\nTribe.<br \/>\n(2) Applicability of laws.&#8211;All laws (including regulations)<br \/>\nof the United States of general applicability to Indians or<br \/>\nnations, Indian tribes, or bands of Indians (including the Act<br \/>\nof June 18, 1934 (25 U.S.C. 461 et seq.)) that are not<br \/>\ninconsistent with this title shall be applicable to the Tribe<br \/>\nand tribal members.<\/p>\n<p>(b) Federal Services and Benefits.&#8211;<br \/>\n(1) &lt;&lt;NOTE: Effective date.&gt;&gt; In general.&#8211;On and after the<br \/>\ndate of enactment of this Act, the Tribe and tribal members<br \/>\nshall be eligible for all services and benefits provided by the<br \/>\nFederal Government to federally recognized Indian tribes without<br \/>\nregard to the existence of a reservation for the Tribe.<br \/>\n(2) Service area.&#8211;For the purpose of the delivery of<br \/>\nFederal services to tribal members, the service area of the<br \/>\nTribe shall be considered to be the area comprised of the cities<br \/>\nof Chesapeake, Hampton, Newport News, Norfolk, Portsmouth,<br \/>\nSuffolk, and Virginia Beach, Virginia.<br \/>\nSEC. 604. MEMBERSHIP; GOVERNING DOCUMENTS.<\/p>\n<p>The membership roll and governing documents of the Tribe shall be<br \/>\nthe most recent membership roll and governing documents, respectively,<br \/>\nsubmitted by the Tribe to the Secretary before the date of enactment of<br \/>\nthis Act.<br \/>\nSEC. 605. GOVERNING BODY.<\/p>\n<p>The governing body of the Tribe shall be&#8211;<br \/>\n(1) &lt;&lt;NOTE: Effective date.&gt;&gt; the governing body of the<br \/>\nTribe in place as of the date of enactment of this Act; or<br \/>\n(2) any subsequent governing body elected in accordance with<br \/>\nthe election procedures specified in the governing documents of<br \/>\nthe Tribe.<br \/>\nSEC. 606. RESERVATION OF THE TRIBE.<\/p>\n<p>(a) In General.&#8211;Upon the request of the Tribe, the Secretary of the<br \/>\nInterior&#8211;<br \/>\n(1) shall take into trust for the benefit of the Tribe any<br \/>\nland held in fee by the Tribe that was acquired by the Tribe on<br \/>\nor before January 1, 2007, if such lands are located within the<br \/>\nboundaries of the city of Suffolk, the city of Chesapeake, or<br \/>\nIsle of Wight County, Virginia; and<br \/>\n(2) may take into trust for the benefit of the Tribe any<br \/>\nland held in fee by the Tribe, if such lands are located within<\/p>\n<p>[[Page 132 STAT. 62]]<\/p>\n<p>the boundaries of the city of Suffolk, the city of Chesapeake,<br \/>\nor Isle of Wight County, Virginia.<\/p>\n<p>(b) Deadline for Determination.&#8211;The Secretary shall make a final<br \/>\nwritten determination not later than 3 years of the date which the Tribe<br \/>\nsubmits a request for land to be taken into trust under subsection<br \/>\n(a)(2) and shall immediately make that determination available to the<br \/>\nTribe.<br \/>\n(c) Reservation Status.&#8211;Any land taken into trust for the benefit<br \/>\nof the Tribe pursuant to this paragraph shall, upon request of the<br \/>\nTribe, be considered part of the reservation of the Tribe.<br \/>\n(d) Gaming.&#8211;The Tribe may not conduct gaming activities as a matter<br \/>\nof claimed inherent authority or under the authority of any Federal law,<br \/>\nincluding the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or<br \/>\nunder any regulations thereunder promulgated by the Secretary or the<br \/>\nNational Indian Gaming Commission.<br \/>\nSEC. 607. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.<\/p>\n<p>Nothing in this title expands, reduces, or affects in any manner any<br \/>\nhunting, fishing, trapping, gathering, or water rights of the Tribe and<br \/>\nmembers of the Tribe.<\/p>\n<p>TITLE VII&#8211;EMINENT DOMAIN<\/p>\n<p>SEC. 701. LIMITATION.<\/p>\n<p>Eminent domain may not be used to acquire lands in fee or in trust<br \/>\nfor an Indian tribe recognized under this Act.<\/p>\n<p>Approved January 29, 2018.<\/p>\n<p>LEGISLATIVE HISTORY&#8211;H.R. 984:<br \/>\n&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;<\/p>\n<p>CONGRESSIONAL RECORD:<br \/>\nVol. 163 (2017):<br \/>\nMay 17, considered and passed House.<br \/>\nVol. 164 (2018):<br \/>\nJan. 11, considered and passed<br \/>\nSenate.<\/p>\n<p>&lt;all&gt;<\/p>\n<div class=\"social-share-buttons\"><a href=\"https:\/\/www.facebook.com\/sharer\/sharer.php?u=https:\/\/laweuro.com\/?p=5963\" target=\"_blank\" rel=\"noopener\">Facebook<\/a><a href=\"https:\/\/twitter.com\/intent\/tweet?url=https:\/\/laweuro.com\/?p=5963&text=Public+Law+115-121+%E2%80%93+Thomasina+E.+Jordan+Indian+Tribes+of+Virginia+Federal+Recognition+Act+of+2017\" target=\"_blank\" rel=\"noopener\">Twitter<\/a><a href=\"https:\/\/www.linkedin.com\/shareArticle?url=https:\/\/laweuro.com\/?p=5963&title=Public+Law+115-121+%E2%80%93+Thomasina+E.+Jordan+Indian+Tribes+of+Virginia+Federal+Recognition+Act+of+2017\" target=\"_blank\" rel=\"noopener\">LinkedIn<\/a><a href=\"https:\/\/pinterest.com\/pin\/create\/button\/?url=https:\/\/laweuro.com\/?p=5963&description=Public+Law+115-121+%E2%80%93+Thomasina+E.+Jordan+Indian+Tribes+of+Virginia+Federal+Recognition+Act+of+2017\" target=\"_blank\" rel=\"noopener\">Pinterest<\/a><\/div>","protected":false},"excerpt":{"rendered":"<p>[115th Congress Public Law 121] [From the U.S. Government Publishing Office] PLAW 115publ121 [[Page 39]] THOMASINA E. JORDAN INDIAN TRIBES OF VIRGINIA FEDERAL RECOGNITION ACT OF 2017 [[Page 132 STAT. 40]] Public Law 115-121 115th Congress An Act To extend&hellip;<\/p>\n<p class=\"more-link-p\"><a class=\"more-link\" href=\"https:\/\/laweuro.com\/?p=5963\">Read more &rarr;<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9],"tags":[],"class_list":["post-5963","post","type-post","status-publish","format-standard","hentry","category-public-and-private-laws-u-s"],"_links":{"self":[{"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/posts\/5963","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/laweuro.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5963"}],"version-history":[{"count":1,"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/posts\/5963\/revisions"}],"predecessor-version":[{"id":5965,"href":"https:\/\/laweuro.com\/index.php?rest_route=\/wp\/v2\/posts\/5963\/revisions\/5965"}],"wp:attachment":[{"href":"https:\/\/laweuro.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5963"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/laweuro.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5963"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/laweuro.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5963"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}