H. Rept. 111-104 - 111th Congress (2009-2010)
May 12, 2009, As Reported by the Natural Resources Committee

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House Report 111-104 - THOMASINA E. JORDAN INDIAN TRIBES OF VIRGINIA FEDERAL RECOGNITION ACT OF 2009




[House Report 111-104]
[From the U.S. Government Printing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-104

======================================================================



 
 THOMASINA E. JORDAN INDIAN TRIBES OF VIRGINIA FEDERAL RECOGNITION ACT 
                                OF 2009

                                _______
                                

  May 12, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                    ADDITIONAL AND DISSENTING VIEWS

                        [To accompany H.R. 1385]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 1385) 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, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Thomasina E. Jordan 
Indian Tribes of Virginia Federal Recognition Act of 2009''.
  (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

                   TITLE I--CHICKAHOMINY INDIAN TRIBE

Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Federal recognition.
Sec. 104. Membership; governing documents.
Sec. 105. Governing body.
Sec. 106. Reservation of the Tribe.
Sec. 107. Hunting, fishing, trapping, gathering, and water rights.
Sec. 108. Jurisdiction of Commonwealth of Virginia.

         TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION

Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Federal recognition.
Sec. 204. Membership; governing documents.
Sec. 205. Governing body.
Sec. 206. Reservation of the Tribe.
Sec. 207. Hunting, fishing, trapping, gathering, and water rights.
Sec. 208. Jurisdiction of Commonwealth of Virginia.

                    TITLE III--UPPER MATTAPONI TRIBE

Sec. 301. Findings.
Sec. 302. Definitions.
Sec. 303. Federal recognition.
Sec. 304. Membership; governing documents.
Sec. 305. Governing body.
Sec. 306. Reservation of the Tribe.
Sec. 307. Hunting, fishing, trapping, gathering, and water rights.
Sec. 308. Jurisdiction of Commonwealth of Virginia.

                   TITLE IV--RAPPAHANNOCK TRIBE, INC.

Sec. 401. Findings.
Sec. 402. Definitions.
Sec. 403. Federal recognition.
Sec. 404. Membership; governing documents.
Sec. 405. Governing body.
Sec. 406. Reservation of the Tribe.
Sec. 407. Hunting, fishing, trapping, gathering, and water rights.
Sec. 408. Jurisdiction of Commonwealth of Virginia.

                     TITLE V--MONACAN INDIAN NATION

Sec. 501. Findings.
Sec. 502. Definitions.
Sec. 503. Federal recognition.
Sec. 504. Membership; governing documents.
Sec. 505. Governing body.
Sec. 506. Reservation of the Tribe.
Sec. 507. Hunting, fishing, trapping, gathering, and water rights.
Sec. 508. Jurisdiction of Commonwealth of Virginia.

                    TITLE VI--NANSEMOND INDIAN TRIBE

Sec. 601. Findings.
Sec. 602. Definitions.
Sec. 603. Federal recognition.
Sec. 604. Membership; governing documents.
Sec. 605. Governing body.
Sec. 606. Reservation of the Tribe.
Sec. 607. Hunting, fishing, trapping, gathering, and water rights.
Sec. 608. Jurisdiction of Commonwealth of Virginia.

                   TITLE I--CHICKAHOMINY INDIAN TRIBE

SEC. 101. FINDINGS.

  Congress finds that--
          (1) in 1607, when the English settlers set shore along the 
        Virginia coastline, the Chickahominy Indian Tribe was 1 of 
        about 30 tribes that received them;
          (2) in 1614, the Chickahominy Indian Tribe entered into a 
        treaty with Sir Thomas Dale, Governor of the Jamestown Colony, 
        under which--
                  (A) the Chickahominy Indian Tribe agreed to provide 2 
                bushels of corn per man and send warriors to protect 
                the English; and
                  (B) Sir Thomas Dale agreed in return to allow the 
                Tribe to continue to practice its own tribal 
                governance;
          (3) in 1646, a treaty was signed which forced the 
        Chickahominy from their homeland to the area around the York 
        Mattaponi River in present-day King William County, leading to 
        the formation of a reservation;
          (4) in 1677, following Bacon's Rebellion, the Queen of 
        Pamunkey signed the Treaty of Middle Plantation on behalf of 
        the Chickahominy;
          (5) in 1702, the Chickahominy were forced from their 
        reservation, which caused the loss of a land base;
          (6) in 1711, the College of William and Mary in Williamsburg 
        established a grammar school for Indians called Brafferton 
        College;
          (7) a Chickahominy child was 1 of the first Indians to attend 
        Brafferton College;
          (8) in 1750, the Chickahominy Indian Tribe began to migrate 
        from King William County back to the area around the 
        Chickahominy River in New Kent and Charles City Counties;
          (9) in 1793, a Baptist missionary named Bradby took refuge 
        with the Chickahominy and took a Chickahominy woman as his 
        wife;
          (10) in 1831, the names of the ancestors of the modern-day 
        Chickahominy Indian Tribe began to appear in the Charles City 
        County census records;
          (11) in 1901, the Chickahominy Indian Tribe formed Samaria 
        Baptist Church;
          (12) from 1901 to 1935, Chickahominy men were assessed a 
        tribal tax so that their children could receive an education;
          (13) the Tribe used the proceeds from the tax to build the 
        first Samaria Indian School, buy supplies, and pay a teacher's 
        salary;
          (14) in 1919, C. Lee Moore, Auditor of Public Accounts for 
        Virginia, told Chickahominy Chief O.W. Adkins that he had 
        instructed the Commissioner of Revenue for Charles City County 
        to record Chickahominy tribal members on the county tax rolls 
        as Indian, and not as white or colored;
          (15) during the period of 1920 through 1930, various 
        Governors of the Commonwealth of Virginia wrote letters of 
        introduction for Chickahominy Chiefs who had official business 
        with Federal agencies in Washington, DC;
          (16) in 1934, Chickahominy Chief O.O. Adkins wrote to John 
        Collier, Commissioner of Indian Affairs, requesting money to 
        acquire land for the Chickahominy Indian Tribe's use, to build 
        school, medical, and library facilities and to buy tractors, 
        implements, and seed;
          (17) in 1934, John Collier, Commissioner of Indian Affairs, 
        wrote to Chickahominy Chief O.O. Adkins, informing him that 
        Congress had passed the Act of June 18, 1934 (commonly known as 
        the ``Indian Reorganization Act'') (25 U.S.C. 461 et seq.), but 
        had not made the appropriation to fund the Act;
          (18) in 1942, Chickahominy Chief O.O. Adkins wrote to John 
        Collier, Commissioner of Indian Affairs, asking for help in 
        getting the proper racial designation on Selective Service 
        records for Chickahominy soldiers;
          (19) in 1943, John Collier, Commissioner of Indian Affairs, 
        asked Douglas S. Freeman, editor of the Richmond News-Leader 
        newspaper of Richmond, Virginia, to help Virginia Indians 
        obtain proper racial designation on birth records;
          (20) Collier stated that his office could not officially 
        intervene because it had no responsibility for the Virginia 
        Indians, ``as a matter largely of historical accident'', but 
        was ``interested in them as descendants of the original 
        inhabitants of the region'';
          (21) in 1948, the Veterans' Education Committee of the 
        Virginia State Board of Education approved Samaria Indian 
        School to provide training to veterans;
          (22) that school was established and run by the Chickahominy 
        Indian Tribe;
          (23) in 1950, the Chickahominy Indian Tribe purchased and 
        donated to the Charles City County School Board land to be used 
        to build a modern school for students of the Chickahominy and 
        other Virginia Indian tribes;
          (24) the Samaria Indian School included students in grades 1 
        through 8;
          (25) In 1961, Senator Sam Ervin, Chairman of the Subcommittee 
        on Constitutional Rights of the Committee on the Judiciary of 
        the Senate, requested Chickahominy Chief O.O. Adkins to provide 
        assistance in analyzing the status of the constitutional rights 
        of Indians ``in your area'';
          (26) in 1967, the Charles City County school board closed 
        Samaria Indian School and converted the school to a countywide 
        primary school as a step toward full school integration of 
        Indian and non-Indian students;
          (27) in 1972, the Charles City County school board began 
        receiving funds under the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 458aa et seq.) on behalf of 
        Chickahominy students, which funding is provided as of the date 
        of enactment of this Act under title V of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 458aaa et 
        seq.);
          (28) in 1974, the Chickahominy Indian Tribe bought land and 
        built a tribal center using monthly pledges from tribal members 
        to finance the transactions;
          (29) in 1983, the Chickahominy Indian Tribe was granted 
        recognition as an Indian tribe by the Commonwealth of Virginia, 
        along with 5 other Indian tribes; and
          (30) in 1985, Governor Gerald Baliles was the special guest 
        at an intertribal Thanksgiving Day dinner hosted by the 
        Chickahominy Indian Tribe.

SEC. 102. DEFINITIONS.

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

SEC. 103. FEDERAL RECOGNITION.

  (a) Federal Recognition.--
          (1) In general.--Federal recognition is extended to the 
        Tribe.
          (2) Applicability of laws.--All laws (including regulations) 
        of the United States of general applicability to Indians or 
        nations, Indian tribes, or bands of Indians (including the Act 
        of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not 
        inconsistent with this title shall be applicable to the Tribe 
        and tribal members.
  (b) Federal Services and Benefits.--
          (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible for all 
        services and benefits provided by the Federal Government to 
        federally recognized Indian tribes without regard to the 
        existence of a reservation for the Tribe.
          (2) Service area.--For the purpose of the delivery of Federal 
        services to tribal members, the service area of the Tribe shall 
        be considered to be the area comprised of New Kent County, 
        James City County, Charles City County, and Henrico County, 
        Virginia.

SEC. 104. MEMBERSHIP; GOVERNING DOCUMENTS.

  The membership roll and governing documents of the Tribe shall be the 
most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 105. GOVERNING BODY.

  The governing body of the Tribe shall be--
          (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
          (2) any subsequent governing body elected in accordance with 
        the election procedures specified in the governing documents of 
        the Tribe.

SEC. 106. RESERVATION OF THE TRIBE.

  (a) In General.--Upon the request of the Tribe, the Secretary of the 
Interior--
          (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007, if such lands are located within the 
        boundaries of New Kent County, James City County, Charles City 
        County, or Henrico County, Virginia; and
          (2) may take into trust for the benefit of the Tribe any land 
        held in fee by the Tribe, if such lands are located within the 
        boundaries of New Kent County, James City County, Charles City 
        County, or Henrico County, Virginia.
  (b) Deadline for Determination.--The Secretary shall make a final 
written determination not later than three years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
  (c) Reservation Status.--Any land taken into trust for the benefit of 
the Tribe pursuant to this paragraph shall, upon request of the Tribe, 
be considered part of the reservation of the Tribe.
  (d) Gaming.--The Tribe may not conduct gaming activities as a matter 
of claimed inherent authority or under the authority of any Federal 
law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
seq.) or under any regulations thereunder promulgated by the Secretary 
or the National Indian Gaming Commission.

SEC. 107. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

  Nothing in this title expands, reduces, or affects in any manner any 
hunting, fishing, trapping, gathering, or water rights of the Tribe and 
members of the Tribe.

SEC. 108. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

  (a) In General.--The Commonwealth of Virginia shall exercise 
jurisdiction over--
          (1) all criminal offenses that are committed on; and
          (2) all civil actions that arise on,
lands located within the Commonwealth of Virginia that are owned by, or 
held in trust by the United States for, the Tribe.
  (b) Acceptance of State Jurisdiction by Secretary.--The Secretary of 
the Interior is authorized to accept on behalf of the United States, 
after consulting with the Attorney General of the United States, all or 
any portion of the jurisdiction of the Commonwealth of Virginia 
described in subsection (a) upon verification by the Secretary of a 
certification by a tribe that it possesses the capacity to reassume 
such jurisdiction.

         TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION

SEC. 201. FINDINGS.

  Congress finds that--
          (1) in 1607, when the English settlers set shore along the 
        Virginia coastline, the Chickahominy Indian Tribe was 1 of 
        about 30 tribes that received them;
          (2) in 1614, the Chickahominy Indian Tribe entered into a 
        treaty with Sir Thomas Dale, Governor of the Jamestown Colony, 
        under which--
                  (A) the Chickahominy Indian Tribe agreed to provide 2 
                bushels of corn per man and send warriors to protect 
                the English; and
                  (B) Sir Thomas Dale agreed in return to allow the 
                Tribe to continue to practice its own tribal 
                governance;
          (3) in 1646, a treaty was signed which forced the 
        Chickahominy from their homeland to the area around the York 
        River in present-day King William County, leading to the 
        formation of a reservation;
          (4) in 1677, following Bacon's Rebellion, the Queen of 
        Pamunkey signed the Treaty of Middle Plantation on behalf of 
        the Chickahominy;
          (5) in 1702, the Chickahominy were forced from their 
        reservation, which caused the loss of a land base;
          (6) in 1711, the College of William and Mary in Williamsburg 
        established a grammar school for Indians called Brafferton 
        College;
          (7) a Chickahominy child was 1 of the first Indians to attend 
        Brafferton College;
          (8) in 1750, the Chickahominy Indian Tribe began to migrate 
        from King William County back to the area around the 
        Chickahominy River in New Kent and Charles City Counties;
          (9) in 1793, a Baptist missionary named Bradby took refuge 
        with the Chickahominy and took a Chickahominy woman as his 
        wife;
          (10) in 1831, the names of the ancestors of the modern-day 
        Chickahominy Indian Tribe began to appear in the Charles City 
        County census records;
          (11) in 1870, a census revealed an enclave of Indians in New 
        Kent County that is believed to be the beginning of the 
        Chickahominy Indian Tribe--Eastern Division;
          (12) other records were destroyed when the New Kent County 
        courthouse was burned, leaving a State census as the only 
        record covering that period;
          (13) in 1901, the Chickahominy Indian Tribe formed Samaria 
        Baptist Church;
          (14) from 1901 to 1935, Chickahominy men were assessed a 
        tribal tax so that their children could receive an education;
          (15) the Tribe used the proceeds from the tax to build the 
        first Samaria Indian School, buy supplies, and pay a teacher's 
        salary;
          (16) in 1910, a 1-room school covering grades 1 through 8 was 
        established in New Kent County for the Chickahominy Indian 
        Tribe--Eastern Division;
          (17) during the period of 1920 through 1921, the Chickahominy 
        Indian Tribe--Eastern Division began forming a tribal 
        government;
          (18) E.P. Bradby, the founder of the Tribe, was elected to be 
        Chief;
          (19) in 1922, Tsena Commocko Baptist Church was organized;
          (20) in 1925, a certificate of incorporation was issued to 
        the Chickahominy Indian Tribe--Eastern Division;
          (21) in 1950, the 1-room Indian school in New Kent County was 
        closed and students were bused to Samaria Indian School in 
        Charles City County;
          (22) in 1967, the Chickahominy Indian Tribe and the 
        Chickahominy Indian Tribe--Eastern Division lost their schools 
        as a result of the required integration of students;
          (23) during the period of 1982 through 1984, Tsena Commocko 
        Baptist Church built a new sanctuary to accommodate church 
        growth;
          (24) in 1983 the Chickahominy Indian Tribe--Eastern Division 
        was granted State recognition along with 5 other Virginia 
        Indian tribes;
          (25) in 1985--
                  (A) the Virginia Council on Indians was organized as 
                a State agency; and
                  (B) the Chickahominy Indian Tribe--Eastern Division 
                was granted a seat on the Council;
          (26) in 1988, a nonprofit organization known as the ``United 
        Indians of Virginia'' was formed; and
          (27) Chief Marvin ``Strongoak'' Bradby of the Eastern Band of 
        the Chickahominy presently chairs the organization.

SEC. 202. DEFINITIONS.

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

SEC. 203. FEDERAL RECOGNITION.

  (a) Federal Recognition.--
          (1) In general.--Federal recognition is extended to the 
        Tribe.
          (2) Applicability of laws.--All laws (including regulations) 
        of the United States of general applicability to Indians or 
        nations, Indian tribes, or bands of Indians (including the Act 
        of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not 
        inconsistent with this title shall be applicable to the Tribe 
        and tribal members.
  (b) Federal Services and Benefits.--
          (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible for all 
        future services and benefits provided by the Federal Government 
        to federally recognized Indian tribes without regard to the 
        existence of a reservation for the Tribe.
          (2) Service area.--For the purpose of the delivery of Federal 
        services to tribal members, the service area of the Tribe shall 
        be considered to be the area comprised of New Kent County, 
        James City County, Charles City County, and Henrico County, 
        Virginia.

SEC. 204. MEMBERSHIP; GOVERNING DOCUMENTS.

  The membership roll and governing documents of the Tribe shall be the 
most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 205. GOVERNING BODY.

  The governing body of the Tribe shall be--
          (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
          (2) any subsequent governing body elected in accordance with 
        the election procedures specified in the governing documents of 
        the Tribe.

SEC. 206. RESERVATION OF THE TRIBE.

  (a) In General.--Upon the request of the Tribe, the Secretary of the 
Interior--
          (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007, if such lands are located within the 
        boundaries of New Kent County, James City County, Charles City 
        County, or Henrico County, Virginia; and
          (2) may take into trust for the benefit of the Tribe any land 
        held in fee by the Tribe, if such lands are located within the 
        boundaries of New Kent County, James City County, Charles City 
        County, or Henrico County, Virginia.
  (b) Deadline for Determination.--The Secretary shall make a final 
written determination not later than three years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
  (c) Reservation Status.--Any land taken into trust for the benefit of 
the Tribe pursuant to this paragraph shall, upon request of the Tribe, 
be considered part of the reservation of the Tribe.
  (d) Gaming.--The Tribe may not conduct gaming activities as a matter 
of claimed inherent authority or under the authority of any Federal 
law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
seq.) or under any regulations thereunder promulgated by the Secretary 
or the National Indian Gaming Commission.

SEC. 207. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

  Nothing in this title expands, reduces, or affects in any manner any 
hunting, fishing, trapping, gathering, or water rights of the Tribe and 
members of the Tribe.

SEC. 208. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

  (a) In General.--The Commonwealth of Virginia shall exercise 
jurisdiction over--
          (1) all criminal offenses that are committed on; and
          (2) all civil actions that arise on,
lands located within the Commonwealth of Virginia that are owned by, or 
held in trust by the United States for, the Tribe.
  (b) Acceptance of State Jurisdiction by Secretary.--The Secretary of 
the Interior is authorized to accept on behalf of the United States, 
after consulting with the Attorney General of the United States, all or 
any portion of the jurisdiction of the Commonwealth of Virginia 
described in subsection (a) upon verification by the Secretary of a 
certification by a tribe that it possesses the capacity to reassume 
such jurisdiction.

                    TITLE III--UPPER MATTAPONI TRIBE

SEC. 301. FINDINGS.

  Congress finds that--
          (1) during the period of 1607 through 1646, the Chickahominy 
        Indian Tribes--
                  (A) lived approximately 20 miles from Jamestown; and
                  (B) were significantly involved in English-Indian 
                affairs;
          (2) Mattaponi Indians, who later joined the Chickahominy 
        Indians, lived a greater distance from Jamestown;
          (3) in 1646, the Chickahominy Indians moved to Mattaponi 
        River basin, away from the English;
          (4) in 1661, the Chickahominy Indians sold land at a place 
        known as ``the cliffs'' on the Mattaponi River;
          (5) in 1669, the Chickahominy Indians--
                  (A) appeared in the Virginia Colony's census of 
                Indian bowmen; and
                  (B) lived in ``New Kent'' County, which included the 
                Mattaponi River basin at that time;
          (6) in 1677, the Chickahominy and Mattaponi Indians were 
        subjects of the Queen of Pamunkey, who was a signatory to the 
        Treaty of 1677 with the King of England;
          (7) in 1683, after a Mattaponi town was attacked by Seneca 
        Indians, the Mattaponi Indians took refuge with the 
        Chickahominy Indians, and the history of the 2 groups was 
        intertwined for many years thereafter;
          (8) in 1695, the Chickahominy and Mattaponi Indians--
                  (A) were assigned a reservation by the Virginia 
                Colony; and
                  (B) traded land of the reservation for land at the 
                place known as ``the cliffs'' (which, as of the date of 
                enactment of this Act, is the Mattaponi Indian 
                Reservation), which had been owned by the Mattaponi 
                Indians before 1661;
          (9) in 1711, a Chickahominy boy attended the Indian School at 
        the College of William and Mary;
          (10) in 1726, the Virginia Colony discontinued funding of 
        interpreters for the Chickahominy and Mattaponi Indian Tribes;
          (11) James Adams, who served as an interpreter to the Indian 
        tribes known as of the date of enactment of this Act as the 
        ``Upper Mattaponi Indian Tribe'' and ``Chickahominy Indian 
        Tribe'', elected to stay with the Upper Mattaponi Indians;
          (12) today, a majority of the Upper Mattaponi Indians have 
        ``Adams'' as their surname;
          (13) in 1787, Thomas Jefferson, in Notes on the Commonwealth 
        of Virginia, mentioned the Mattaponi Indians on a reservation 
        in King William County and said that Chickahominy Indians were 
        ``blended'' with the Mattaponi Indians and nearby Pamunkey 
        Indians;
          (14) in 1850, the census of the United States revealed a 
        nucleus of approximately 10 families, all ancestral to modern 
        Upper Mattaponi Indians, living in central King William County, 
        Virginia, approximately 10 miles from the reservation;
          (15) during the period of 1853 through 1884, King William 
        County marriage records listed Upper Mattaponis as ``Indians'' 
        in marrying people residing on the reservation;
          (16) during the period of 1884 through the present, county 
        marriage records usually refer to Upper Mattaponis as 
        ``Indians'';
          (17) in 1901, Smithsonian anthropologist James Mooney heard 
        about the Upper Mattaponi Indians but did not visit them;
          (18) in 1928, University of Pennsylvania anthropologist Frank 
        Speck published a book on modern Virginia Indians with a 
        section on the Upper Mattaponis;
          (19) from 1929 until 1930, the leadership of the Upper 
        Mattaponi Indians opposed the use of a ``colored'' designation 
        in the 1930 United States census and won a compromise in which 
        the Indian ancestry of the Upper Mattaponis was recorded but 
        questioned;
          (20) during the period of 1942 through 1945--
                  (A) the leadership of the Upper Mattaponi Indians, 
                with the help of Frank Speck and others, fought against 
                the induction of young men of the Tribe into 
                ``colored'' units in the Armed Forces of the United 
                States; and
                  (B) a tribal roll for the Upper Mattaponi Indians was 
                compiled;
          (21) from 1945 to 1946, negotiations took place to admit some 
        of the young people of the Upper Mattaponi to high schools for 
        Federal Indians (especially at Cherokee) because no high school 
        coursework was available for Indians in Virginia schools; and
          (22) in 1983, the Upper Mattaponi Indians applied for and won 
        State recognition as an Indian tribe.

SEC. 302. DEFINITIONS.

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

SEC. 303. FEDERAL RECOGNITION.

  (a) Federal Recognition.--
          (1) In general.--Federal recognition is extended to the 
        Tribe.
          (2) Applicability of laws.--All laws (including regulations) 
        of the United States of general applicability to Indians or 
        nations, Indian tribes, or bands of Indians (including the Act 
        of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not 
        inconsistent with this title shall be applicable to the Tribe 
        and tribal members.
  (b) Federal Services and Benefits.--
          (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible for all 
        services and benefits provided by the Federal Government to 
        federally recognized Indian tribes without regard to the 
        existence of a reservation for the Tribe.
          (2) Service area.--For the purpose of the delivery of Federal 
        services to tribal members, the service area of the Tribe shall 
        be considered to be the area within 25 miles of the Sharon 
        Indian School at 13383 King William Road, King William County, 
        Virginia.

SEC. 304. MEMBERSHIP; GOVERNING DOCUMENTS.

  The membership roll and governing documents of the Tribe shall be the 
most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 305. GOVERNING BODY.

  The governing body of the Tribe shall be--
          (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
          (2) any subsequent governing body elected in accordance with 
        the election procedures specified in the governing documents of 
        the Tribe.

SEC. 306. RESERVATION OF THE TRIBE.

  (a) In General.--Upon the request of the Tribe, the Secretary of the 
Interior--
          (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007, if such lands are located within the 
        boundaries of King William County, Caroline County, Hanover 
        County, King and Queen County, and New Kent County, Virginia; 
        and
          (2) may take into trust for the benefit of the Tribe any land 
        held in fee by the Tribe, if such lands are located within the 
        boundaries of King William County, Caroline County, Hanover 
        County, King and Queen County, and New Kent County, Virginia.
  (b) Deadline for Determination.--The Secretary shall make a final 
written determination not later than three years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
  (c) Reservation Status.--Any land taken into trust for the benefit of 
the Tribe pursuant to this paragraph shall, upon request of the Tribe, 
be considered part of the reservation of the Tribe.
  (d) Gaming.--The Tribe may not conduct gaming activities as a matter 
of claimed inherent authority or under the authority of any Federal 
law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
seq.) or under any regulations thereunder promulgated by the Secretary 
or the National Indian Gaming Commission.

SEC. 307. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

  Nothing in this title expands, reduces, or affects in any manner any 
hunting, fishing, trapping, gathering, or water rights of the Tribe and 
members of the Tribe.

SEC. 308. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

  (a) In General.--The Commonwealth of Virginia shall exercise 
jurisdiction over--
          (1) all criminal offenses that are committed on; and
          (2) all civil actions that arise on,
lands located within the Commonwealth of Virginia that are owned by, or 
held in trust by the United States for, the Tribe.
  (b) Acceptance of State Jurisdiction by Secretary.--The Secretary of 
the Interior is authorized to accept on behalf of the United States, 
after consulting with the Attorney General of the United States, all or 
any portion of the jurisdiction of the Commonwealth of Virginia 
described in subsection (a) upon verification by the Secretary of a 
certification by a tribe that it possesses the capacity to reassume 
such jurisdiction.

                   TITLE IV--RAPPAHANNOCK TRIBE, INC.

SEC. 401. FINDINGS.

  Congress finds that--
          (1) during the initial months after Virginia was settled, the 
        Rappahannock Indians had 3 encounters with Captain John Smith;
          (2) the first encounter occurred when the Rappahannock 
        weroance (headman)--
                  (A) traveled to Quiyocohannock (a principal town 
                across the James River from Jamestown), where he met 
                with Smith to determine whether Smith had been the 
                ``great man'' who had previously sailed into the 
                Rappahannock River, killed a Rappahannock weroance, and 
                kidnapped Rappahannock people; and
                  (B) determined that Smith was too short to be that 
                ``great man'';
          (3) on a second meeting, during John Smith's captivity 
        (December 16, 1607 to January 8, 1608), Smith was taken to the 
        Rappahannock principal village to show the people that Smith 
        was not the ``great man'';
          (4) a third meeting took place during Smith's exploration of 
        the Chesapeake Bay (July to September 1608), when, after the 
        Moraughtacund Indians had stolen 3 women from the Rappahannock 
        King, Smith was prevailed upon to facilitate a peaceful truce 
        between the Rappahannock and the Moraughtacund Indians;
          (5) in the settlement, Smith had the 2 Indian tribes meet on 
        the spot of their first fight;
          (6) when it was established that both groups wanted peace, 
        Smith told the Rappahannock King to select which of the 3 
        stolen women he wanted;
          (7) the Moraughtacund King was given second choice among the 
        2 remaining women, and Mosco, a Wighcocomoco (on the Potomac 
        River) guide, was given the third woman;
          (8) in 1645, Captain William Claiborne tried unsuccessfully 
        to establish treaty relations with the Rappahannocks, as the 
        Rappahannocks had not participated in the Pamunkey-led uprising 
        in 1644, and the English wanted to ``treat with the 
        Rappahannocks or any other Indians not in amity with 
        Opechancanough, concerning serving the county against the 
        Pamunkeys'';
          (9) in April 1651, the Rappahannocks conveyed a tract of land 
        to an English settler, Colonel Morre Fauntleroy;
          (10) the deed for the conveyance was signed by Accopatough, 
        weroance of the Rappahannock Indians;
          (11) in September 1653, Lancaster County signed a treaty with 
        Rappahannock Indians, the terms of which treaty--
                  (A) gave Rappahannocks the rights of Englishmen in 
                the county court; and
                  (B) attempted to make the Rappahannocks more 
                accountable under English law;
          (12) in September 1653, Lancaster County defined and marked 
        the bounds of its Indian settlements;
          (13) according to the Lancaster clerk of court, ``the tribe 
        called the great Rappahannocks lived on the Rappahannock Creek 
        just across the river above Tappahannock'';
          (14) in September 1656, (Old) Rappahannock County (which, as 
        of the date of enactment of this Act, is comprised of Richmond 
        and Essex Counties, Virginia) signed a treaty with Rappahannock 
        Indians that--
                  (A) mirrored the Lancaster County treaty from 1653; 
                and
                  (B) stated that--
                          (i) Rappahannocks were to be rewarded, in 
                        Roanoke, for returning English fugitives; and
                          (ii) the English encouraged the Rappahannocks 
                        to send their children to live among the 
                        English as servants, who the English promised 
                        would be well-treated;
          (15) in 1658, the Virginia Assembly revised a 1652 Act 
        stating that ``there be no grants of land to any Englishman 
        whatsoever de futuro until the Indians be first served with the 
        proportion of 50 acres of land for each bowman'';
          (16) in 1669, the colony conducted a census of Virginia 
        Indians;
          (17) as of the date of that census--
                  (A) the majority of the Rappahannocks were residing 
                at their hunting village on the north side of the 
                Mattaponi River; and
                  (B) at the time of the visit, census-takers were 
                counting only the Indian tribes along the rivers, which 
                explains why only 30 Rappahannock bowmen were counted 
                on that river;
          (18) the Rappahannocks used the hunting village on the north 
        side of the Mattaponi River as their primary residence until 
        the Rappahannocks were removed in 1684;
          (19) in May 1677, the Treaty of Middle Plantation was signed 
        with England;
          (20) the Pamunkey Queen Cockacoeske signed on behalf of the 
        Rappahannocks, ``who were supposed to be her tributaries'', but 
        before the treaty could be ratified, the Queen of Pamunkey 
        complained to the Virginia Colonial Council ``that she was 
        having trouble with Rappahannocks and Chickahominies, 
        supposedly tributaries of hers'';
          (21) in November 1682, the Virginia Colonial Council 
        established a reservation for the Rappahannock Indians of 3,474 
        acres ``about the town where they dwelt'';
          (22) the Rappahannock ``town'' was the hunting village on the 
        north side of the Mattaponi River, where the Rappahannocks had 
        lived throughout the 1670s;
          (23) the acreage allotment of the reservation was based on 
        the 1658 Indian land act, which translates into a bowman 
        population of 70, or an approximate total Rappahannock 
        population of 350;
          (24) in 1683, following raids by Iroquoian warriors on both 
        Indian and English settlements, the Virginia Colonial Council 
        ordered the Rappahannocks to leave their reservation and unite 
        with the Nanzatico Indians at Nanzatico Indian Town, which was 
        located across and up the Rappahannock River some 30 miles;
          (25) between 1687 and 1699, the Rappahannocks migrated out of 
        Nanzatico, returning to the south side of the Rappahannock 
        River at Portobacco Indian Town;
          (26) in 1706, by order of Essex County, Lieutenant Richard 
        Covington ``escorted'' the Portobaccos and Rappahannocks out of 
        Portobacco Indian Town, out of Essex County, and into King and 
        Queen County where they settled along the ridgeline between the 
        Rappahannock and Mattaponi Rivers, the site of their ancient 
        hunting village and 1682 reservation;
          (27) during the 1760s, 3 Rappahannock girls were raised on 
        Thomas Nelson's Bleak Hill Plantation in King William County;
          (28) of those girls--
                  (A) 1 married a Saunders man;
                  (B) 1 married a Johnson man; and
                  (C) 1 had 2 children, Edmund and Carter Nelson, 
                fathered by Thomas Cary Nelson;
          (29) in the 19th century, those Saunders, Johnson, and Nelson 
        families are among the core Rappahannock families from which 
        the modern Tribe traces its descent;
          (30) in 1819 and 1820, Edward Bird, John Bird (and his wife), 
        Carter Nelson, Edmund Nelson, and Carter Spurlock (all 
        Rappahannock ancestors) were listed on the tax roles of King 
        and Queen County and taxed at the county poor rate;
          (31) Edmund Bird was added to the tax roles in 1821;
          (32) those tax records are significant documentation because 
        the great majority of pre-1864 records for King and Queen 
        County were destroyed by fire;
          (33) beginning in 1819, and continuing through the 1880s, 
        there was a solid Rappahannock presence in the membership at 
        Upper Essex Baptist Church;
          (34) that was the first instance of conversion to 
        Christianity by at least some Rappahannock Indians;
          (35) while 26 identifiable and traceable Rappahannock 
        surnames appear on the pre-1863 membership list, and 28 were 
        listed on the 1863 membership roster, the number of surnames 
        listed had declined to 12 in 1878 and had risen only slightly 
        to 14 by 1888;
          (36) a reason for the decline is that in 1870, a Methodist 
        circuit rider, Joseph Mastin, secured funds to purchase land 
        and construct St. Stephens Baptist Church for the Rappahannocks 
        living nearby in Caroline County;
          (37) Mastin referred to the Rappahannocks during the period 
        of 1850 to 1870 as ``Indians, having a great need for moral and 
        Christian guidance'';
          (38) St. Stephens was the dominant tribal church until the 
        Rappahannock Indian Baptist Church was established in 1964;
          (39) at both churches, the core Rappahannock family names of 
        Bird, Clarke, Fortune, Johnson, Nelson, Parker, and Richardson 
        predominate;
          (40) during the early 1900s, James Mooney, noted 
        anthropologist, maintained correspondence with the 
        Rappahannocks, surveying them and instructing them on how to 
        formalize their tribal government;
          (41) in November 1920, Speck visited the Rappahannocks and 
        assisted them in organizing the fight for their sovereign 
        rights;
          (42) in 1921, the Rappahannocks were granted a charter from 
        the Commonwealth of Virginia formalizing their tribal 
        government;
          (43) Speck began a professional relationship with the Tribe 
        that would last more than 30 years and document Rappahannock 
        history and traditions as never before;
          (44) in April 1921, Rappahannock Chief George Nelson asked 
        the Governor of Virginia, Westmoreland Davis, to forward a 
        proclamation to the President of the United States, along with 
        an appended list of tribal members and a handwritten copy of 
        the proclamation itself;
          (45) the letter concerned Indian freedom of speech and 
        assembly nationwide;
          (46) in 1922, the Rappahannocks established a formal school 
        at Lloyds, Essex County, Virginia;
          (47) prior to establishment of the school, Rappahannock 
        children were taught by a tribal member in Central Point, 
        Caroline County, Virginia;
          (48) in December 1923, Rappahannock Chief George Nelson 
        testified before Congress appealing for a $50,000 appropriation 
        to establish an Indian school in Virginia;
          (49) in 1930, the Rappahannocks were engaged in an ongoing 
        dispute with the Commonwealth of Virginia and the United States 
        Census Bureau about their classification in the 1930 Federal 
        census;
          (50) in January 1930, Rappahannock Chief Otho S. Nelson wrote 
        to Leon Truesdell, Chief Statistician of the United States 
        Census Bureau, asking that the 218 enrolled Rappahannocks be 
        listed as Indians;
          (51) in February 1930, Truesdell replied to Nelson saying 
        that ``special instructions'' were being given about 
        classifying Indians;
          (52) in April 1930, Nelson wrote to William M. Steuart at the 
        Census Bureau asking about the enumerators' failure to classify 
        his people as Indians, saying that enumerators had not asked 
        the question about race when they interviewed his people;
          (53) in a followup letter to Truesdell, Nelson reported that 
        the enumerators were ``flatly denying'' his people's request to 
        be listed as Indians and that the race question was completely 
        avoided during interviews;
          (54) the Rappahannocks had spoken with Caroline and Essex 
        County enumerators, and with John M.W. Green at that point, 
        without success;
          (55) Nelson asked Truesdell to list people as Indians if he 
        sent a list of members;
          (56) the matter was settled by William Steuart, who concluded 
        that the Bureau's rule was that people of Indian descent could 
        be classified as ``Indian'' only if Indian ``blood'' 
        predominated and ``Indian'' identity was accepted in the local 
        community;
          (57) the Virginia Vital Statistics Bureau classed all 
        nonreservation Indians as ``Negro'', and it failed to see why 
        ``an exception should be made'' for the Rappahannocks;
          (58) therefore, in 1925, the Indian Rights Association took 
        on the Rappahannock case to assist the Rappahannocks in 
        fighting for their recognition and rights as an Indian tribe;
          (59) during the Second World War, the Pamunkeys, Mattaponis, 
        Chickahominies, and Rappahannocks had to fight the draft boards 
        with respect to their racial identities;
          (60) the Virginia Vital Statistics Bureau insisted that 
        certain Indian draftees be inducted into Negro units;
          (61) finally, 3 Rappahannocks were convicted of violating the 
        Federal draft laws and, after spending time in a Federal 
        prison, were granted conscientious objector status and served 
        out the remainder of the war working in military hospitals;
          (62) in 1943, Frank Speck noted that there were approximately 
        25 communities of Indians left in the Eastern United States 
        that were entitled to Indian classification, including the 
        Rappahannocks;
          (63) in the 1940s, Leon Truesdell, Chief Statistician, of the 
        United States Census Bureau, listed 118 members in the 
        Rappahannock Tribe in the Indian population of Virginia;
          (64) on April 25, 1940, the Office of Indian Affairs of the 
        Department of the Interior included the Rappahannocks on a list 
        of Indian tribes classified by State and by agency;
          (65) in 1948, the Smithsonian Institution Annual Report 
        included an article by William Harlen Gilbert entitled, 
        ``Surviving Indian Groups of the Eastern United States'', which 
        included and described the Rappahannock Tribe;
          (66) in the late 1940s and early 1950s, the Rappahannocks 
        operated a school at Indian Neck;
          (67) the State agreed to pay a tribal teacher to teach 10 
        students bused by King and Queen County to Sharon Indian School 
        in King William County, Virginia;
          (68) in 1965, Rappahannock students entered Marriott High 
        School (a white public school) by executive order of the 
        Governor of Virginia;
          (69) in 1972, the Rappahannocks worked with the Coalition of 
        Eastern Native Americans to fight for Federal recognition;
          (70) in 1979, the Coalition established a pottery and 
        artisans company, operating with other Virginia tribes;
          (71) in 1980, the Rappahannocks received funding through the 
        Administration for Native Americans of the Department of Health 
        and Human Services to develop an economic program for the 
        Tribe; and
          (72) in 1983, the Rappahannocks received State recognition as 
        an Indian tribe.

SEC. 402. DEFINITIONS.

  In this title:
          (1) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (2) Tribal member.--The term ``tribal member'' means--
                  (A) an individual who is an enrolled member of the 
                Tribe as of the date of enactment of this Act; and
                  (B) an individual who has been placed on the 
                membership rolls of the Tribe in accordance with this 
                title.
          (3) Tribe.--
                  (A) In general.--The term ``Tribe'' means the 
                organization possessing the legal name Rappahannock 
                Tribe, Inc.
                  (B) Exclusions.--The term ``Tribe'' does not include 
                any other Indian tribe, subtribe, band, or splinter 
                group the members of which represent themselves as 
                Rappahannock Indians.

SEC. 403. FEDERAL RECOGNITION.

  (a) Federal Recognition.--
          (1) In general.--Federal recognition is extended to the 
        Tribe.
          (2) Applicability of laws.--All laws (including regulations) 
        of the United States of general applicability to Indians or 
        nations, Indian tribes, or bands of Indians (including the Act 
        of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not 
        inconsistent with this title shall be applicable to the Tribe 
        and tribal members.
  (b) Federal Services and Benefits.--
          (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible for all 
        services and benefits provided by the Federal Government to 
        federally recognized Indian tribes without regard to the 
        existence of a reservation for the Tribe.
          (2) Service area.--For the purpose of the delivery of Federal 
        services to tribal members, the service area of the Tribe shall 
        be considered to be the area comprised of King and Queen 
        County, Caroline County, Essex County, Spotsylvania County, 
        Stafford County, and Richmond County, Virginia.

SEC. 404. MEMBERSHIP; GOVERNING DOCUMENTS.

  The membership roll and governing documents of the Tribe shall be the 
most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 405. GOVERNING BODY.

  The governing body of the Tribe shall be--
          (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
          (2) any subsequent governing body elected in accordance with 
        the election procedures specified in the governing documents of 
        the Tribe.

SEC. 406. RESERVATION OF THE TRIBE.

  (a) In General.--Upon the request of the Tribe, the Secretary of the 
Interior--
          (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007, if such lands are located within the 
        boundaries of King and Queen County, Stafford County, 
        Spotsylvania County, Richmond County, Essex County, and 
        Caroline County, Virginia; and
          (2) may take into trust for the benefit of the Tribe any land 
        held in fee by the Tribe, if such lands are located within the 
        boundaries of King and Queen County, Stafford County, 
        Spotsylvania County, Richmond County, Essex County, and 
        Caroline County, Virginia.
  (b) Deadline for Determination.--The Secretary shall make a final 
written determination not later than three years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
  (c) Reservation Status.--Any land taken into trust for the benefit of 
the Tribe pursuant to this paragraph shall, upon request of the Tribe, 
be considered part of the reservation of the Tribe.
  (d) Gaming.--The Tribe may not conduct gaming activities as a matter 
of claimed inherent authority or under the authority of any Federal 
law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
seq.) or under any regulations thereunder promulgated by the Secretary 
or the National Indian Gaming Commission.

SEC. 407. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

  Nothing in this title expands, reduces, or affects in any manner any 
hunting, fishing, trapping, gathering, or water rights of the Tribe and 
members of the Tribe.

SEC. 408. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

  (a) In General.--The Commonwealth of Virginia shall exercise 
jurisdiction over--
          (1) all criminal offenses that are committed on; and
          (2) all civil actions that arise on,
lands located within the Commonwealth of Virginia that are owned by, or 
held in trust by the United States for, the Tribe.
  (b) Acceptance of State Jurisdiction by Secretary.--The Secretary of 
the Interior is authorized to accept on behalf of the United States, 
after consulting with the Attorney General of the United States, all or 
any portion of the jurisdiction of the Commonwealth of Virginia 
described in subsection (a) upon verification by the Secretary of a 
certification by a tribe that it possesses the capacity to reassume 
such jurisdiction.

                     TITLE V--MONACAN INDIAN NATION

SEC. 501. FINDINGS.

  Congress finds that--
          (1) In 1677, the Monacan Tribe signed the Treaty of Middle 
        Plantation between Charles II of England and 12 Indian ``Kings 
        and Chief Men'';
          (2) in 1722, in the Treaty of Albany, Governor Spotswood 
        negotiated to save the Virginia Indians from extinction at the 
        hands of the Iroquois;
          (3) specifically mentioned in the negotiations were the 
        Monacan tribes of the Totero (Tutelo), Saponi, Ocheneeches 
        (Occaneechi), Stengenocks, and Meipontskys;
          (4) in 1790, the first national census recorded Benjamin 
        Evans and Robert Johns, both ancestors of the present Monacan 
        community, listed as ``white'' with mulatto children;
          (5) in 1782, tax records also began for those families;
          (6) in 1850, the United States census recorded 29 families, 
        mostly large, with Monacan surnames, the members of which are 
        genealogically related to the present community;
          (7) in 1870, a log structure was built at the Bear Mountain 
        Indian Mission;
          (8) in 1908, the structure became an Episcopal Mission and, 
        as of the date of enactment of this Act, the structure is 
        listed as a landmark on the National Register of Historic 
        Places;
          (9) in 1920, 304 Amherst Indians were identified in the 
        United States census;
          (10) from 1930 through 1931, numerous letters from Monacans 
        to the Bureau of the Census resulted from the decision of Dr. 
        Walter Plecker, former head of the Bureau of Vital Statistics 
        of the Commonwealth of Virginia, not to allow Indians to 
        register as Indians for the 1930 census;
          (11) the Monacans eventually succeeded in being allowed to 
        claim their race, albeit with an asterisk attached to a note 
        from Dr. Plecker stating that there were no Indians in 
        Virginia;
          (12) in 1947, D'Arcy McNickle, a Salish Indian, saw some of 
        the children at the Amherst Mission and requested that the 
        Cherokee Agency visit them because they appeared to be Indian;
          (13) that letter was forwarded to the Department of the 
        Interior, Office of Indian Affairs, Chicago, Illinois;
          (14) Chief Jarrett Blythe of the Eastern Band of Cherokee did 
        visit the Mission and wrote that he ``would be willing to 
        accept these children in the Cherokee school'';
          (15) in 1979, a Federal Coalition of Eastern Native Americans 
        established the entity known as ``Monacan Co-operative 
        Pottery'' at the Amherst Mission;
          (16) some important pieces were produced at Monacan Co-
        operative Pottery, including a piece that was sold to the 
        Smithsonian Institution;
          (17) the Mattaponi-Pamunkey-Monacan Consortium, established 
        in 1981, has since been organized as a nonprofit corporation 
        that serves as a vehicle to obtain funds for those Indian 
        tribes from the Department of Labor under Native American 
        programs;
          (18) in 1989, the Monacan Tribe was recognized by the 
        Commonwealth of Virginia, which enabled the Tribe to apply for 
        grants and participate in other programs; and
          (19) in 1993, the Monacan Tribe received tax-exempt status as 
        a nonprofit corporation from the Internal Revenue Service.

SEC. 502. DEFINITIONS.

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

SEC. 503. FEDERAL RECOGNITION.

  (a) Federal Recognition.--
          (1) In general.--Federal recognition is extended to the 
        Tribe.
          (2) Applicability of laws.--All laws (including regulations) 
        of the United States of general applicability to Indians or 
        nations, Indian tribes, or bands of Indians (including the Act 
        of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not 
        inconsistent with this title shall be applicable to the Tribe 
        and tribal members.
  (b) Federal Services and Benefits.--
          (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible for all 
        services and benefits provided by the Federal Government to 
        federally recognized Indian tribes without regard to the 
        existence of a reservation for the Tribe.
          (2) Service area.--For the purpose of the delivery of Federal 
        services to tribal members, the service area of the Tribe shall 
        be considered to be the area comprised of all land within 25 
        miles from the center of Amherst, Virginia.

SEC. 504. MEMBERSHIP; GOVERNING DOCUMENTS.

  The membership roll and governing documents of the Tribe shall be the 
most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 505. GOVERNING BODY.

  The governing body of the Tribe shall be--
          (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
          (2) any subsequent governing body elected in accordance with 
        the election procedures specified in the governing documents of 
        the Tribe.

SEC. 506. RESERVATION OF THE TRIBE.

  (a) In General.--Upon the request of the Tribe, the Secretary of the 
Interior--
          (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007, if such lands are located within the 
        boundaries of Albemarle County, Alleghany County, Amherst 
        County, Augusta County, Campbell County, Nelson County, and 
        Rockbridge County, Virginia; and
          (2) may take into trust for the benefit of the Tribe any land 
        held in fee by the Tribe, if such lands are located within the 
        boundaries of Albemarle County, Alleghany County, Amherst 
        County, Augusta County, Campbell County, Nelson County, and 
        Rockbridge County, Virginia.
  (b) Deadline for Determination.--The Secretary shall make a final 
written determination not later than three years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
  (c) Reservation Status.--Any land taken into trust for the benefit of 
the Tribe pursuant to this paragraph shall, upon request of the Tribe, 
be considered part of the reservation of the Tribe.
  (d) Gaming.--The Tribe may not conduct gaming activities as a matter 
of claimed inherent authority or under the authority of any Federal 
law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
seq.) or under any regulations thereunder promulgated by the Secretary 
or the National Indian Gaming Commission.

SEC. 507. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

  Nothing in this title expands, reduces, or affects in any manner any 
hunting, fishing, trapping, gathering, or water rights of the Tribe and 
members of the Tribe.

SEC. 508. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

  (a) In General.--The Commonwealth of Virginia shall exercise 
jurisdiction over--
          (1) all criminal offenses that are committed on; and
          (2) all civil actions that arise on,
lands located within the Commonwealth of Virginia that are owned by, or 
held in trust by the United States for, the Tribe.
  (b) Acceptance of State Jurisdiction by Secretary.--The Secretary of 
the Interior is authorized to accept on behalf of the United States, 
after consulting with the Attorney General of the United States, all or 
any portion of the jurisdiction of the Commonwealth of Virginia 
described in subsection (a) upon verification by the Secretary of a 
certification by a tribe that it possesses the capacity to reassume 
such jurisdiction.

                    TITLE VI--NANSEMOND INDIAN TRIBE

SEC. 601. FINDINGS.

  Congress finds that--
          (1) from 1607 until 1646, Nansemond Indians--
                  (A) lived approximately 30 miles from Jamestown; and
                  (B) were significantly involved in English-Indian 
                affairs;
          (2) after 1646, there were 2 sections of Nansemonds in 
        communication with each other, the Christianized Nansemonds in 
        Norfolk County, who lived as citizens, and the traditionalist 
        Nansemonds, who lived further west;
          (3) in 1638, according to an entry in a 17th century sermon 
        book still owned by the Chief's family, a Norfolk County 
        Englishman married a Nansemond woman;
          (4) that man and woman are lineal ancestors of all of members 
        of the Nansemond Indian tribe alive as of the date of enactment 
        of this Act, as are some of the traditionalist Nansemonds;
          (5) in 1669, the 2 Nansemond sections appeared in Virginia 
        Colony's census of Indian bowmen;
          (6) in 1677, Nansemond Indians were signatories to the Treaty 
        of 1677 with the King of England;
          (7) in 1700 and 1704, the Nansemonds and other Virginia 
        Indian tribes were prevented by Virginia Colony from making a 
        separate peace with the Iroquois;
          (8) Virginia represented those Indian tribes in the final 
        Treaty of Albany, 1722;
          (9) in 1711, a Nansemond boy attended the Indian School at 
        the College of William and Mary;
          (10) in 1727, Norfolk County granted William Bass and his 
        kinsmen the ``Indian privileges'' of clearing swamp land and 
        bearing arms (which privileges were forbidden to other 
        nonwhites) because of their Nansemond ancestry, which meant 
        that Bass and his kinsmen were original inhabitants of that 
        land;
          (11) in 1742, Norfolk County issued a certificate of 
        Nansemond descent to William Bass;
          (12) from the 1740s to the 1790s, the traditionalist section 
        of the Nansemond tribe, 40 miles west of the Christianized 
        Nansemonds, was dealing with reservation land;
          (13) the last surviving members of that section sold out in 
        1792 with the permission of the Commonwealth of Virginia;
          (14) in 1797, Norfolk County issued a certificate stating 
        that William Bass was of Indian and English descent, and that 
        his Indian line of ancestry ran directly back to the early 18th 
        century elder in a traditionalist section of Nansemonds on the 
        reservation;
          (15) in 1833, Virginia enacted a law enabling people of 
        European and Indian descent to obtain a special certificate of 
        ancestry;
          (16) the law originated from the county in which Nansemonds 
        lived, and mostly Nansemonds, with a few people from other 
        counties, took advantage of the new law;
          (17) a Methodist mission established around 1850 for 
        Nansemonds is currently a standard Methodist congregation with 
        Nansemond members;
          (18) in 1901, Smithsonian anthropologist James Mooney--
                  (A) visited the Nansemonds; and
                  (B) completed a tribal census that counted 61 
                households and was later published;
          (19) in 1922, Nansemonds were given a special Indian school 
        in the segregated school system of Norfolk County;
          (20) the school survived only a few years;
          (21) in 1928, University of Pennsylvania anthropologist Frank 
        Speck published a book on modern Virginia Indians that included 
        a section on the Nansemonds; and
          (22) the Nansemonds were organized formally, with elected 
        officers, in 1984, and later applied for and received State 
        recognition.

SEC. 602. DEFINITIONS.

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

SEC. 603. FEDERAL RECOGNITION.

  (a) Federal Recognition.--
          (1) In general.--Federal recognition is extended to the 
        Tribe.
          (2) Applicability of laws.--All laws (including regulations) 
        of the United States of general applicability to Indians or 
        nations, Indian tribes, or bands of Indians (including the Act 
        of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not 
        inconsistent with this title shall be applicable to the Tribe 
        and tribal members.
  (b) Federal Services and Benefits.--
          (1) In general.--On and after the date of enactment of this 
        Act, the Tribe and tribal members shall be eligible for all 
        services and benefits provided by the Federal Government to 
        federally recognized Indian tribes without regard to the 
        existence of a reservation for the Tribe.
          (2) Service area.--For the purpose of the delivery of Federal 
        services to tribal members, the service area of the Tribe shall 
        be considered to be the area comprised of the cities of 
        Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, 
        Suffolk, and Virginia Beach, Virginia.

SEC. 604. MEMBERSHIP; GOVERNING DOCUMENTS.

  The membership roll and governing documents of the Tribe shall be the 
most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of enactment of 
this Act.

SEC. 605. GOVERNING BODY.

  The governing body of the Tribe shall be--
          (1) the governing body of the Tribe in place as of the date 
        of enactment of this Act; or
          (2) any subsequent governing body elected in accordance with 
        the election procedures specified in the governing documents of 
        the Tribe.

SEC. 606. RESERVATION OF THE TRIBE.

  (a) In General.--Upon the request of the Tribe, the Secretary of the 
Interior--
          (1) shall take into trust for the benefit of the Tribe any 
        land held in fee by the Tribe that was acquired by the Tribe on 
        or before January 1, 2007, if such lands are located within the 
        boundaries of the city of Suffolk, the city of Chesapeake, or 
        Isle of Wight County, Virginia; and
          (2) may take into trust for the benefit of the Tribe any land 
        held in fee by the Tribe, if such lands are located within the 
        boundaries of the city of Suffolk, the city of Chesapeake, or 
        Isle of Wight County, Virginia.
  (b) Deadline for Determination.--The Secretary shall make a final 
written determination not later than three years of the date which the 
Tribe submits a request for land to be taken into trust under 
subsection (a)(2) and shall immediately make that determination 
available to the Tribe.
  (c) Reservation Status.--Any land taken into trust for the benefit of 
the Tribe pursuant to this paragraph shall, upon request of the Tribe, 
be considered part of the reservation of the Tribe.
  (d) Gaming.--The Tribe may not conduct gaming activities as a matter 
of claimed inherent authority or under the authority of any Federal 
law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
seq.) or under any regulations thereunder promulgated by the Secretary 
or the National Indian Gaming Commission.

SEC. 607. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

  Nothing in this title expands, reduces, or affects in any manner any 
hunting, fishing, trapping, gathering, or water rights of the Tribe and 
members of the Tribe.

SEC. 608. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

  (a) In General.--The Commonwealth of Virginia shall exercise 
jurisdiction over--
          (1) all criminal offenses that are committed on; and
          (2) all civil actions that arise on,
lands located within the Commonwealth of Virginia that are owned by, or 
held in trust by the United States for, the Tribe.
  (b) Acceptance of State Jurisdiction by Secretary.--The Secretary of 
the Interior is authorized to accept on behalf of the United States, 
after consulting with the Attorney General of the United States, all or 
any portion of the jurisdiction of the Commonwealth of Virginia 
described in subsection (a) upon verification by the Secretary of a 
certification by a tribe that it possesses the capacity to reassume 
such jurisdiction.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1385, the Thomasina E. Jordan Indian 
Tribes of Virginia Federal Recognition Act of 2009, is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    The issue of the status of these six Virginia tribes comes 
to the Committee with a voluminous congressional record. 
Similar legislation was introduced either in the House of 
Representatives or the Senate in the 107th, 108th, 109th and 
110th Congresses. Hearings have been held on the past 
legislation and reports have been filed. These hearings and 
reports have consistently established that these tribes are 
descendants of the historic tribes that occupied the area when 
the first English settlers arrived in what is now Virginia. The 
Department of the Interior has generally not voiced opposition 
to Congressional recognition of these tribes other than to 
state that there is an administrative process available for 
them. The Department has not questioned the tribes' Indian 
ancestry or tribal governmental status.

Document destruction and tampering

    Despite the wealth of documentation that exists for each of 
these tribes, it is not entirely clear that these tribes could 
meet the criteria used by the Bureau of Indian Affairs as part 
of the Federal Acknowledgment Process. Although references 
exist from the 1600s until the present indicating the existence 
of Indians in the Virginia area, much documentation that would 
be required by the Bureau of Indian Affairs has been tampered 
with or destroyed.
    During the Civil War period from 1861-1865, most of the 
local records were destroyed in fires at government buildings. 
In addition, many Indians began adopting Anglo-American names, 
language, and customs in order to hide their Indian heritage to 
ensure survival. Another hindrance to appearing in local 
records was the socio-economic status of most Virginia Indians. 
Until the late 19th century, they tended to rent land, engage 
in common-law marriages, and die without a will--activities 
that do not require official documents thus rendering them 
`invisible' in public records.
    In the first half of the twentieth century, there was a 
deliberate and systematic attempt to erase Indians in the 
Commonwealth of Virginia. Dr. Walter Ashby Plecker served as 
the first Registrar of the Virginia Bureau of Vital Statistics 
from 1912-1947. A white supremacist, Dr. Plecker set out to rid 
the Commonwealth of Virginia of any records that recorded the 
existence of Indians or Indian tribes living therein. He was 
instrumental in ensuring passage of the 1924 Racial Integrity 
Act which required all persons living in Virginia to provide 
extensive proof of their race. The Act made it a felony to 
submit records which misidentified a person's race and 
prohibited documents and marriage licenses to anyone whose 
lineage was questioned.
    Dr. Plecker specifically targeted Virginia Indians. At the 
time, individuals who had 1/16 or less Indian blood were 
permitted to register as White. He believed that there were no 
true Indians living in Virginia and those claiming to be Indian 
were only using the title to try and pass as White. He wrote 
that mixed-blood families or those suspected of having Negro 
ancestry must not be allowed to register as White or Indian. It 
was illegal for individuals to classify themselves or their 
newborn children as Indian. Dr. Plecker sent a list of Indian 
surnames to County registrars insisting they not allow anyone 
with these surnames to register as White or Indian. He spent 
decades changing the race designation on birth certificates and 
other legal documents from Indian to Colored, Negro, or Free 
Issue (a term used to describe former slaves after the Civil 
War). He threatened hospitals, midwives, and registrars who 
used the classification of Indian and was successful in getting 
many Virginia Indians jailed for refusing to acquiesce to his 
beliefs and change their racial classification. Consequently, 
for 46 years, there was a systematic destruction of thousands 
of records that traced and recorded the ancestry of Virginia's 
Indians.

Schools

    The importance of tribal schools established by several of 
the tribes cannot be overlooked. During Reconstruction, the 
administration of public schools was left to each county and 
segregated schools were established in many areas of Virginia. 
``White'' schools did not admit Indians but ``Colored'' schools 
did; any Indian children attending them, however, as well as 
their families, lost credibility to their claims as Indians. 
Counties were often reluctant to fund Indian schools if the 
Indian population was small, leaving it to the local Indian 
community to raise funds for their own schools, send their 
children to ``Colored'' schools, or not educate their children.

Ancestry

    The evidence contained in numerous Congressional hearings 
and reports establishes that these tribes are descended from 
the historic tribes that occupied the Virginia coastline in 
1607.\1\ When English settlers came ashore along the Virginia 
coastline, they were received by approximately thirty Indian 
tribes. Six of those tribes--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--are the subject of this bill. 
From 1607 to 1646, the Chickahominy Indian Tribe lived 
approximately 20 miles from Jamestown. The Mattaponi Indians, 
who later joined the Chickahominy Indians, lived farther away. 
In 1614, when the Chickahominy Indian Tribe entered into a 
treaty of mutual aid with the English they resided on the 
Chickahominy River. This was followed by another treaty entered 
into in 1646 that forced the Chickahominy from their homeland 
to the area around the York and Mattaponi Rivers in present-day 
King William County. The history of the Chickahominy and 
Mattaponi Indians was intertwined for many years thereafter. In 
1677, the Chickahominy and Mattaponi Indians were subjects of 
the Queen of Pamunkey when the Chickahominy and Mattaponi 
Indians signed the Treaty of Middle Plantation with England, 
which guaranteed the Indians civil rights, rights to gather 
food, and property rights. The Colony of Virginia assigned a 
reservation to the Chickahominy and Mattaponi Indians in 1695. 
In 1787, Thomas Jefferson noted the Chickahominy Indians were 
mixed with the Mattaponi Indians and nearby Pamunkey Indians.
---------------------------------------------------------------------------
    \1\See H.R. 2345, the Thomasina E. Jordan Indian Tribes of Virginia 
Federal Recognition Act of 2001, Hearing held Sept. 25, 2002; S. 2694, 
the Thomasina E. Jordan Indian Tribes of Virginia Act of 2002, Hearing 
held Oct. 9, 2002, S. Rept. 107-921; S. 1423, the Thomasina E. Jordan 
Indian Tribes of Virginia Act of 2003, S. Rept. 108-259; S. 480, the 
Thomasina E. Jordan Indian Tribes of Virginia Act of 2005, S. Rept. 
109-576.
---------------------------------------------------------------------------

Chickahominy Indian Tribe

    Despite the treaties, in 1702 the Chickahominy were forced 
from their reservation, but in 1750 some members began to 
migrate from King William County back to the area around the 
Chickahominy River in New Kent and Charles City Counties where 
they still reside today. In 1831, the names of the ancestors of 
the modern-day Chickahominy Indian Tribe began to appear in the 
Charles City County census records.
    In 1901, the Chickahominy Indian Tribe formalized its 
governing structure and has held regularly scheduled meetings 
since. After the governing structure was formalized, the Tribe 
began operating the Samaria Indian School in 1901. A tribal tax 
assessment on Chickahominy men was used to build and maintain 
the Samaria Indian School, buy supplies, and pay a teacher's 
salary. In 1922, the State agreed to pay two-thirds of the 
teachers' salaries at Samaria Indian School. On various 
occasions in the 1930s and 1940s, the Chickahominy corresponded 
with John Collier, Commissioner of Indian Affairs, requesting 
assistance. Mr. Collier referred the matter to the Editor of 
the Richmond-News Leader newspaper of Richmond, Virginia, 
informing him that ``as a matter largely of historical 
accident'' he was unable to assist them. In the early 1980s, 
the Commonwealth of Virginia established an advisory committee 
to examine Native issues. In 1983 the Commonwealth extended 
recognition to the Tribe.

Chickahominy Indian Tribe-Eastern Division

    The early history of the Chickahominy Indian Tribe-Eastern 
Division is the same as that of the Chickahominy Indian Tribe, 
as the two tribes acted as one until the early 1900s. Two fires 
consumed all New Kent County records prior to 1870, but an 
enclave of Indians in New Kent County are shown in the Virginia 
Census of 1870. These are the ancestors of the Chickahominy 
Indian Tribe-Eastern Division. In 1901, the Chickahominy Indian 
Tribe (before the tribes were split) established the Samaria 
Indian Baptist Church in 1901. When the Chickahominy Indian 
Tribe was split into the Chickahominy Indian Tribe and the 
Chickahominy Indian Tribe-Eastern Division in 1910, the 
Chickahominy Indian Tribe-Eastern Division started a one-room 
schoolhouse in New Kent County called the Boulevard Indian 
School. The Eastern Division tribal government was officially 
formed in 1920 and their church, the Tsena Commocko Baptist 
Church was organized in 1922. In 1925, the tribe was 
incorporated under a tax-exempt status. At this time, all 
tribal males sixteen years of age and older began contributing 
dues towards the financial operation of the tribe. In 1950, the 
tribal school was closed and the children started attending 
Samaria Indian School, but that school was closed in 1967 when 
Virginia integrated its public school system. In the late 
1970s, the tribe was awarded a grant from the U.S. Department 
of Housing and Urban Development to buy two mobile homes to be 
used as office and classroom space. Another grant from the 
Administration of Native American Programs was used for the 
purchase and improvement of office equipment and supplies. The 
Tribe received state recognition in 1983.

Upper Mattaponi Tribe

    The Upper Mattaponi Tribe shares its earlier history with 
the Chickahominy Indian Tribe, as they were forced together 
through treaties with the English. In 1695, the Chickahominy 
and Mattaponi Indians were assigned a reservation by the 
Virginia Colony but traded reservation land for land at a place 
known as ``the cliffs,'' which today is still known as the 
Mattaponi Indian Reservation. The Virginia Colony discontinued 
funding of interpreters for the Chickahominy and Mattaponi 
Indian Tribes in 1726, but James Adams, who served as an 
interpreter to the Upper Mattaponi Indian Tribe, elected to 
stay with the Upper Mattaponi Indians. Today, a majority of the 
Upper Mattaponi Indians have ``Adams'' as their surname. A 
federal census in 1850 showed ten Upper Mattaponi families 
living in King William County, Virginia. King William County 
records also indicate Upper Matttaponis residing in the County. 
From 1884 to present, King William County marriage records 
usually refer to Upper Mattaponis as ``Indians.''
    Smithsonian anthropologist James Mooney indicated in 1901 
that he had heard about the Upper Mattaponi Indians but did not 
visit them. In 1928, University of Pennsylvania anthropologist 
Frank Speck published a book on modern Virginia Indians with a 
section on the Upper Mattaponis. 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. Due 
to the activities of Dr. Plecker, however, the census also 
contained an asterisk indicating that Indians did not exist in 
Virginia. During the period of 1942 through 1945, the Upper 
Mattaponi Indians fought against the induction of young men of 
the Tribe into ``colored'' units in the Armed Forces of the 
United States. Also during this time, a tribal roll for the 
Upper Mattaponi Indians was compiled. From 1945 to 1946, 
negotiations occurred to admit some of the young people of the 
Upper Mattaponi to high schools for Federal Indians because no 
high school coursework was available for Indians in Virginia 
schools. In 1983, the Commonwealth extended formal recognition 
to the Upper Mattaponi Indians.

Rappahannock Tribe, Inc.

    Written documentation of the Rappahannock Tribe first 
occurred when Captain John Smith was brought as a captive of 
King Powhatan to the Rappahannock King Accapataugh at his 
capital town, Tappahannock, on the Rappahannock River. 
Consistent with a series of peace treaties, around 1651 the 
Rappahannocks moved from the Rappahannock River to inland 
sites. In 1682, as tributaries of Pamunkey, the Rappahannocks 
became signators to the 1677 Treaty of Middle Plantation. By 
order of the Colonial Council in 1682, they were moved to 
Portobago Bay Indian Town, where they lived with the Portobago 
Tribe and Nansittico Tribe. The Colonial Council ordered them 
to move again in 1706; this time they moved back to their 
traditional winter hunting grounds on the ridge between the 
Rappahannock and Mattaponi Rivers, where they still reside.
    During the 1760s, three Rappahannock girls were raised on 
Thomas Nelson's Bleak Hill Plantation in King William County. 
Of those girls, one married a Saunders man, one married a 
Johnson man, and one had two children, Edmund and Carter 
Nelson, fathered by Thomas Cary Nelson. It is these families to 
which the modern day Rappahannock trace their descent. A few 
tax records exist from 1819 and 1820 indicating that Edward 
Bird, John Bird (and his wife), Carter Nelson, Edmund Nelson, 
and Carter Spurlock (all Rappahannock ancestors) were listed on 
the tax rolls of King and Queen County and taxed at the county 
poor rate. These tax records are significant documentation 
because the great majority of pre-1864 records for King and 
Queen County were destroyed by fire. In 1870, St. Stephens 
Baptist Church was constructed for the Rappahannocks and was 
the primary church for the Rappahannocks until the Rappahannock 
Indian Baptist Church was established in 1964.
    During the early 1900s, noted anthropologist James Mooney 
maintained correspondence with the Rappahannocks, surveying 
them and instructing them on how to formalize their tribal 
government. In 1920, Dr. Speck visited the Rappahannocks and 
assisted them in organizing to fight for their sovereign 
rights. They were granted a charter from the Commonwealth of 
Virginia formalizing their tribal government in 1921. The 
Rappahannocks established a formal school at Lloyds, Essex 
County, Virginia in 1922. 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. 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. During the Second World War, the Pamunkeys, 
Mattaponis, Chickahominies, and Rappahannocks had to fight the 
draft boards with respect to their racial identities. In the 
1940 Census, 118 members of the Rappahannock Tribe were 
identified as ``Indian.'' An article in the Smithsonian 
Institution Annual Report in 1948 entitled, ``Surviving Indian 
Groups of the Eastern United States'' included and described 
the Rappahannock Tribe. In the late 1940s and early 1950s, the 
Rappahannocks operated a school at Indian Neck. The State 
agreed to pay a tribal teacher to teach ten students bused by 
King and Queen County to Sharon Indian School in King William 
County, Virginia. In 1972, the Rappahannocks worked with the 
Coalition of Eastern Native Americans to fight for federal 
recognition. The Commonwealth of Virginia extended recognition 
to the tribe in 1983.

Monacan Indian Nation

    Documentation exists indicating the existence of the 
Monacans from 1608, when Europeans first made contact with 
them, and that the Monacan Indian Nation are descendants of the 
Tribe that existed in the 1600s and for time immemorial before 
that. One of the first written recordings of the Monacans was 
made by Captain John Smith when he noted the existence of 
Monacan towns on his map in 1608, describing the main town as 
Russawmeake. Captain Smith also described an expedition by a 
Mr. Newport to the Monacan area, which included two Monacan 
towns: Monhemencouch and Massinacack. Another map was published 
in 1651 still showing the existence of the Monacans but 
indicating that they had shifted territory somewhat. In 1677, 
the Monacans join other native groups in signing the Treaty of 
Middle Plantation. The Treaty of Albany was signed in 1722, 
which was intended to save the specified Virginia Indians, 
including the Monacan, from extinction by the Iroquois. In 
1790, the First National Census recorded Benjamin Evans and 
Robert Johns, both ancestors of the present Monacan community 
as they had married Monacan women, as ``white'' with mulatto 
children. An 1850 Census recorded 29 families with Monacan 
surnames and an 1870 Census indicates Indians living in Amherst 
County, Virginia with the surname ``Beverly,'' a Monacan 
surname. Likewise, an 1880 Census records six individuals named 
``Johns'' (also a Monacan surname) as ``Indian.'' A 1920 Census 
indicates 304 Indians living in Amherst County.
    In 1870, a log structure was built at the Bear Mountain 
Indian Mission. The structure became an Episcopal Mission and 
is listed as a landmark on the National Register of Historic 
Places. In 1920, 304 Amherst Indians were identified in the 
United States census. From 1930 through 1931, numerous letters 
from Monacans to the Bureau of the Census were sent in response 
to the decision of Dr. Walter Plecker, former head of the 
Bureau of Vital Statistics of the State of Virginia, not to 
allow Indians to register as such for the 1930 census. 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. 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. 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.'' In 1979, a Federal Coalition 
of Eastern Native Americans established the entity known as 
``Monacan Co-operative Pottery'' at the Amherst Mission. The 
Commonwealth of Virginia extended recognition to the Monacan 
Tribe in 1989.

Nansemond Indian Tribe

    Evidence documents that from 1607 until 1646, Nansemond 
Indians lived approximately 30 miles from Jamestown, Virginia 
and had significant contact with English settlers. In 1638, a 
Norfolk County Englishman married a Nansemond woman. That man 
and woman are the lineal ancestors of all members of the 
Nansemond Indian tribe and even of some the Nansemonds who 
lived further west. After 1646, the Nansemond Indians were 
split into two divisions: the Christianized ones that remained 
in Norfolk County, and the traditionalists that lived further 
west. In 1669, the two Nansemond divisions appeared in Virginia 
Colony's census of Indian bowmen. Joining several other Indian 
tribes, the Nansemond Indians signed the Treaty of 1677 with 
the King of England. The Colony of Virginia prevented the 
Nansemonds and other Virginia Indians from negotiating separate 
peace treaties with the Iroquois. Instead, Virginia represented 
the Nansemonds and other tribes in the final Treaty of Albany 
in 1722. Norfolk County granted William Bass and his family the 
``Indian privileges'' in 1727 of clearing swamp land and 
bearing arms because of his Nansemond ancestry. These 
privileges were forbidden to non-Indians. William Bass was 
issued a certificate of Nansemond descent in 1742. Norfolk 
County issued William Bass another certificate of Indian and 
English descent in 1797.
    In 1833, a state law was passed--at the behest of their 
local member of the Virginia House of Delegates--creating a 
special racial category in which they could be certified by the 
local county court. The category was officially called 
``Persons of Mixed Blood, Not Being Free Negroes or Mulattos'' 
and the county clerk responsible for completing and filing the 
required certificates simply classified the Nansemonds as 
``Indians.'' A Methodist mission was established around the 
1850s for the Nansemonds and is currently a standard Methodist 
congregation with Nansemond members. Smithsonian anthropologist 
James Mooney visited the Nansemonds in 1901 and completed a 
tribal census that counted 61 households. In 1922, the 
Nansemonds were given a special Indian school in the segregated 
school system of Norfolk County. In 1928, University of 
Pennsylvania anthropologist Frank Speck published a book on 
modern Virginia Indians that included a section on the 
Nansemonds. The Nansemonds were organized formally, with 
elected officers, in 1984, and received state recognition in 
1985.

Gaming

    The six Virginia tribes agreed to a prohibition on gaming 
and have repeatedly stated that they have no intention of 
pursuing gaming at this time. Accordingly, H.R. 1385 provides 
that the tribes are prohibited from conducting any gaming 
pursuant to any inherent authority they may possess pursuant to 
the Indian Gaming Regulatory Act, or any other federal law.

                            COMMITTEE ACTION

    H.R. 1385 was introduced on March 9, 2009 by Representative 
James Moran (D-VA). The bill was referred to the Committee on 
Natural Resources. On March 18, 2009, the Committee on Natural 
Resources held a hearing on H.R. 1385. The Committee received 
testimony from the Hon. James Moran (D-VA); the Hon. Tim Kaine, 
Governor, Commonwealth of Virginia; Mr. George Skibine, Bureau 
of Indian Affairs; Chief Stephen Adkins, Chickahominy Indian 
Tribe; and Ms. Helen Rountree, anthropologist.
    On April 22, 2009, the Committee met to mark up H.R. 1385. 
During the markup, Chairman Rahall (D-WV) offered an en bloc 
amendment which was agreed to by voice vote. The Committee 
favorably reported H.R. 1385, as amended, by voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title; Table of contents

    Section 1 establishes the short title as the ``Thomasina E. 
Jordan Indian Tribes of Virginia Federal Recognition Act of 
2009'' and provides a table of contents.

                   TITLE I--CHICKAHOMINY INDIAN TRIBE


Section 101. Findings

    Section 101 establishes a number of congressional findings 
documenting the history of the Chickahominy Indian Tribe.

Section 102. Definitions

    Section 102 provides definitions for the terms 
``Secretary,'' ``Tribal Member,'' and ``Tribe'' for purposes of 
Title I.

Section 103. Federal recognition

    Section 103 extends federal recognition to the Chickahominy 
Indian Tribe and provides that all federal laws and regulations 
of general applicability to other Indian tribes apply to the 
Chickahominy Indian Tribe and its members. It also provides 
that the Tribe and its members shall be eligible for all 
services and benefits provided by the federal government to 
federally recognized Indian tribes. Finally, it defines the 
Service Area of the tribe for the purpose of delivering federal 
services to tribal members.

Section 104. Membership; governing documents

    Section 104 establishes the membership roll and the 
governing documents of the Chickahominy Indian Tribe as the 
most recent roll and governing documents submitted to the 
Secretary of the Interior before the date of enactment of this 
Act.

Section 105. Governing body

    Section 105 establishes the governing body of the 
Chickahominy Indian Tribe as the governing body in place as of 
the date of enactment of this Act or any subsequent governing 
body elected in accordance with election procedures specified 
in the governing documents of the Tribe.

Section 106. Reservation of the Tribe

    Section 106 as amended establishes the reservation of the 
Tribe as those lands that are held in fee by the Tribe that 
were acquired by the Tribe on or before January 1, 2007. 
Further, the Secretary may place in trust any lands within the 
boundaries of specified counties on behalf of the Tribe. In 
addition, the Tribe is prohibited from conducting gaming 
pursuant to any inherent authority, the Indian Gaming 
Regulatory Act, or any other federal law.

Section 107. Hunting, fishing, trapping, gathering, and water rights

    Section 107 provides that nothing expands, reduces, or 
affects in any manner any hunting, fishing, trapping, 
gathering, or water rights of the Tribe or its members.

Section 108. Jurisdiction of the Commonwealth of Virginia

    Section 108 provides that the Commonwealth of Virginia will 
exercise jurisdiction over all criminal offenses and civil 
actions that occur on lands within the Commonwealth of Virginia 
that are owned by or held in trust by the United States for the 
Tribe. Further, this section provides the Secretary of the 
Interior the authority to accept jurisdiction on behalf of the 
United States from the Commonwealth of Virginia upon 
verification that the tribe possesses the capacity to reassume 
such jurisdiction.

         TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION


Section 201. Findings

    Section 201 establishes a number of congressional findings 
documenting the history of the Chickahominy Indian Tribe--
Eastern Division.

Section 202. Definitions

    Section 202 provides definitions for the terms 
``Secretary,'' ``Tribal Member,'' and ``Tribe'' for purposes of 
Title II.

Section 203. Federal recognition

    Section 203 extends federal recognition to the Chickahominy 
Indian Tribe-Eastern Division and provides that all federal 
laws and regulations of general applicability to other Indian 
tribes apply to the Chickahominy Indian Tribe-Eastern Division 
and its members. It also provides that the Tribe and its 
members shall be eligible for all services and benefits 
provided by the federal government to federally recognized 
Indian tribes. Finally, it defines the Service Area of the 
tribe for the purpose of delivering federal services to tribal 
members.

Section 204. Membership; governing documents

    Section 204 establishes the membership roll and the 
governing documents of the Chickahominy Indian Tribe-Eastern 
Division as the most recent roll and governing documents 
submitted to the Secretary of the Interior before the date of 
enactment of this Act.

Section 205. Governing body

    Section 205 establishes the governing body of the 
Chickahominy Indian Tribe-Eastern Division as the governing 
body in place as of the date of enactment of this Act or any 
subsequent governing body elected in accordance with election 
procedures specified in the governing documents of the Tribe.

Section 206. Reservation of the Tribe

    Section 206 as amended establishes the reservation of the 
Tribe as those lands that are held in fee by the Tribe that 
were acquired by the Tribe on or before January 1, 2007. 
Further, the Secretary may place in trust any lands within the 
boundaries of specified counties on behalf of the Tribe. In 
addition, the Tribe is prohibited from conducting gaming 
pursuant to any inherent authority, the Indian Gaming 
Regulatory Act, or any other federal law.

Section 207. Hunting, fishing, trapping, gathering, and water rights

    Section 207 provides that nothing expands, reduces, or 
affects in any manner any hunting, fishing, trapping, 
gathering, or water rights of the Tribe or its members.

Section 208. Jurisdiction of the Commonwealth of Virginia

    Section 208 provides that the Commonwealth of Virginia will 
exercise jurisdiction over all criminal offenses and civil 
actions that occur on lands within the Commonwealth of Virginia 
that are owned by or held in trust by the United States for the 
Tribe. Further, this section provides the Secretary of the 
Interior the authority to accept jurisdiction on behalf of the 
United States from the Commonwealth of Virginia upon 
verification that the tribe possesses the capacity to reassume 
such jurisdiction.

                    TITLE III--UPPER MATTAPONI TRIBE


Section 301. Findings

    Section 301 establishes a number of congressional findings 
documenting the history of the Upper Mattaponi Tribe.

Section 302. Definitions

    Section 302 provides definitions for the terms 
``Secretary,'' ``Tribal Member,'' and ``Tribe'' of Title III.

Section 303. Federal recognition

    Section 303 extends federal recognition to the Upper 
Mattaponi Tribe and provides that all federal laws and 
regulations of general applicability to other Indian tribes 
apply to the Upper Mattaponi Tribe and its members. It also 
provides that the Tribe and its members shall be eligible for 
all services and benefits provided by the federal government to 
federally recognized Indian tribes. Finally, it defines the 
Service Area of the tribe for the purpose of delivering federal 
services to tribal members.

Section 304. Membership; governing documents

    Section 304 establishes the membership roll and the 
governing documents of the Upper Mattaponi Tribe as the most 
recent roll and governing documents submitted to the Secretary 
of the Interior before the date of enactment of this Act.

Section 305. Governing body

    Section 305 establishes the governing body of the Upper 
Mattaponi Tribe as the governing body in place as of the date 
of enactment of this Act or any subsequent governing body 
elected in accordance with election procedures specified in the 
governing documents of the Tribe.

Section 306. Reservation of the Tribe

    Section 306 as amended establishes the reservation of the 
Tribe as those lands that are held in fee by the Tribe that 
were acquired by the Tribe on or before January 1, 2007. 
Further, the Secretary may place in trust any lands within the 
boundaries of specified counties on behalf of the Tribe. In 
addition, the Tribe is prohibited from conducting gaming 
pursuant to any inherent authority, the Indian Gaming 
Regulatory Act, or any other federal law.

Section 307. Hunting, fishing, trapping, gathering, and water rights

    Section 307 provides that nothing expands, reduces, or 
affects in any manner any hunting, fishing, trapping, 
gathering, or water rights of the Tribe or its members.

Section 308. Jurisdiction of Commonwealth of Virginia

    Section 308 provides that the Commonwealth of Virginia will 
exercise jurisdiction over all criminal offenses and civil 
actions that occur on lands within the Commonwealth of Virginia 
that are owned by or held in trust by the United States for the 
Tribe. Further, this section provides the Secretary of the 
Interior the authority to accept jurisdiction on behalf of the 
United States from the Commonwealth of Virginia upon 
verification that the tribe possesses the capacity to reassume 
such jurisdiction.

                   TITLE IV--RAPPAHANNOCK TRIBE, INC.


Section 401. Findings

    Section 401 establishes a number of congressional findings 
documenting the history of the Rappahannock Tribe, Inc.

Section 402. Definitions

    Section 402 provides definitions for the terms 
``Secretary,'' ``Tribal Member,'' and ``Tribe'' purposes of 
Title IV.

Section 403. Federal recognition

    Section 403 extends federal recognition to the Rappahannock 
Tribe, Inc. and provides that all federal laws and regulations 
of general applicability to other Indian tribes apply to the 
Rappahannock Tribe, Inc. and its members. It also provides that 
the Tribe and its members shall be eligible for all services 
and benefits provided by the federal government to federally 
recognized Indian tribes. Finally, it defines the Service Area 
of the tribe for the purpose of delivering federal services to 
tribal members.

Section 404. Membership; governing documents

    Section 404 establishes the membership roll and the 
governing documents of the Rappahannock Tribe, Inc. as the most 
recent roll and governing documents submitted to the Secretary 
of the Interior before the date of enactment of this Act.

Section 405. Governing body

    Section 405 establishes the governing body of the 
Rappahannock Tribe, Inc. as the governing body in place as of 
the date of enactment of this Act or any subsequent governing 
body elected in accordance with election procedures specified 
in the governing documents of the Tribe.

Section 406. Reservation of the Tribe

    Section 406 as amended establishes the reservation of the 
Tribe as those lands that are held in fee by the Tribe that 
were acquired by the Tribe on or before January 1, 2007. 
Further, the Secretary may place in trust any lands within the 
boundaries of specified counties on behalf of the Tribe. In 
addition, the Tribe is prohibited from conducting gaming 
pursuant to any inherent authority, the Indian Gaming 
Regulatory Act, or any other federal law.

Section 407. Hunting, fishing, trapping, gathering, and water rights

    Section 407 provides that nothing expands, reduces, or 
affects in any manner any hunting, fishing, trapping, 
gathering, or water rights of the Tribe or its members.

Section 408. Jurisdiction of the Commonwealth of Virginia

    Section 408 provides that the Commonwealth of Virginia will 
exercise jurisdiction over all criminal offenses and civil 
actions that occur on lands within the Commonwealth of Virginia 
that are owned by or held in trust by the United States for the 
Tribe. Further, this section provides the Secretary of the 
Interior the authority to accept jurisdiction on behalf of the 
United States from the Commonwealth of Virginia upon 
verification that the Tribe possesses the capacity to reassume 
such jurisdiction.

                     TITLE V--MONACAN INDIAN NATION


Section 501. Findings

    Section 501 establishes a number of congressional findings 
documenting the history of the Monacan Indian Nation.

Section 502. Definitions

    Section 502 provides definitions for the terms 
``Secretary,'' ``Tribal Member,'' and ``Tribe'' for purposes of 
Title V.

Section 503. Federal recognition

    Section 503 extends federal recognition to the Monacan 
Indian Nation and provides that all federal laws and 
regulations of general applicability to other Indian tribes 
apply to the Monacan Indian Nation and its members. It also 
provides that the Tribe and its members shall be eligible for 
all services and benefits provided by the federal government to 
federally recognized Indian tribes. Finally, it defines the 
Service Area of the Tribe for the purpose of delivering federal 
services to tribal members.

Section 504. Membership; governing documents

    Section 504 establishes the membership roll and the 
governing documents of the Monacan Indian Nation as the most 
recent roll and governing documents submitted to the Secretary 
of the Interior before the date of enactment of this Act.

Section 505. Governing body

    Section 505 establishes the governing body of the Monacan 
Indian Nation as the governing body in place as of the date of 
enactment of this Act or any subsequent governing body elected 
in accordance with election procedures specified in the 
governing documents of the Tribe.

Section 506. Reservation of the Tribe

    Section 506 as amended establishes the reservation of the 
Tribe as those lands that are held in fee by the Tribe that 
were acquired by the Tribe on or before January 1, 2007. 
Further, the Secretary may place in trust any lands within the 
boundaries of specified counties on behalf of the Tribe. In 
addition, the Tribe is prohibited from conducting gaming 
pursuant to any inherent authority, the Indian Gaming 
Regulatory Act, or any other federal law.

Section 507. Hunting, fishing, trapping, gathering, and water rights

    Section 507 provides that nothing expands, reduces, or 
affects in any manner any hunting, fishing, trapping, 
gathering, or water rights of the Tribe or its members.

Section 508. Jurisdiction of the Commonwealth of Virginia

    Section 508 provides that the Commonwealth of Virginia will 
exercise jurisdiction over all criminal offenses and civil 
actions that occur on lands within the Commonwealth of Virginia 
that are owned by or held in trust by the United States for the 
Tribe. Further, this section provides the Secretary of the 
Interior the authority to accept jurisdiction on behalf of the 
United States from the Commonwealth of Virginia upon 
verification that the Tribe possesses the capacity to reassume 
such jurisdiction.

                    TITLE VI--NANSEMOND INDIAN TRIBE


Section 601. Findings

    Section 601 establishes a number of congressional findings 
documenting the history of the Nansemond Indian Tribe.

Section 602. Definitions

    Section 602 provides definitions for the terms 
``Secretary,'' ``Tribal Member,'' and ``Tribe'' for purposes of 
Title VI.

Section 603. Federal recognition

    Section 603 extends federal recognition to the Nansemond 
Indian Tribe and provides that all federal laws and regulations 
of general applicability to other Indian tribes apply to the 
Nansemond Indian Tribe and its members. It also provides that 
the Tribe and its members shall be eligible for all services 
and benefits provided by the federal government to federally 
recognized Indian tribes. Finally, it defines the Service Area 
of the tribe for the purpose of delivering federal services to 
tribal members.

Section 604. Membership; governing documents

    Section 604 establishes the membership roll and the 
governing documents of the Nansemond Indian Tribe as the most 
recent roll and governing documents submitted to the Secretary 
of the Interior before the date of enactment of this Act.

Section 605. Governing body

    Section 605 establishes the governing body of the Nansemond 
Indian Tribe as the governing body in place as of the date of 
enactment of this Act or any subsequent governing body elected 
in accordance with election procedures specified in the 
governing documents of the Tribe.

Section 606. Reservation of the Tribe

    Section 606 as amended establishes the reservation of the 
Tribe as those lands that are held in fee by the Tribe that 
were acquired by the Tribe on or before January 1, 2007. 
Further, the Secretary may place in trust any lands within the 
boundaries of specified counties on behalf of the Tribe. In 
addition, the Tribe is prohibited from conducting gaming 
pursuant to any inherent authority, the Indian Gaming 
Regulatory Act, or any other federal law.

Section 607. Hunting, fishing, trapping, gathering, and water rights

    Section 607 provides that nothing expands, reduces, or 
affects in any manner any hunting, fishing, trapping, 
gathering, or water rights of the Tribe or its members.

Section 608. Jurisdiction of the Commonwealth of Virginia

    Section 608 provides that the Commonwealth of Virginia will 
exercise jurisdiction over all criminal offenses and civil 
actions that occur on lands within the Commonwealth of Virginia 
that are owned by or held in trust by the United States for the 
Tribe. Further, this section provides the Secretary of the 
Interior the authority to accept jurisdiction on behalf of the 
United States from the Commonwealth of Virginia upon 
verification that the tribe possesses the capacity to reassume 
such jurisdiction.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article 1, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is 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.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 1385--Thomasina E. Jordan Indian Tribes of Virginia Federal 
        Recognition Act of 2009

    Summary: H.R. 1385 would provide federal recognition to six 
Indian tribes in Virginia--the Chickahominy Indian Tribe, the 
Eastern Division of the Chickahominy Indian Tribe, Upper 
Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan 
Indian Nation, and the Nansemond Indian Tribe. Federal 
recognition would make the tribes eligible to receive benefits 
from various federal programs. CBO estimates that implementing 
this legislation would cost $65 million over the 2010-2014 
period, assuming appropriation of the necessary funds. Enacting 
H.R. 1385 would not affect direct spending or revenues.
    H.R. 1385 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1385 is shown in the following table. 
The costs of this legislation fall within budget functions 450 
(community and regional development) and 550 (health).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2010      2011      2012      2013      2014    2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Bureau of Indian Affairs:
    Estimated Authorization Level..................         3         3         3         3         3         15
    Estimated Outlays..............................         2         3         3         3         3         14
Indian Health Service:
    Estimated Authorization Level..................        10        10        10        11        11         52
    Estimated Outlays..............................         9        10        10        11        11         51
    Total Changes:
        Estimated Authorization Level..............        13        13        13        14        14         67
        Estimated Outlays..........................        11        13        13        14        14         65
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
1385 will be enacted near the end of fiscal year 2009. H.R. 
1385 would provide federal recognition to six Indian tribes in 
Virginia. Such recognition would allow the tribes, with 
membership totaling about 4,200 people, to receive benefits 
from various programs administered by the Bureau of Indian 
Affairs (BIA) and the Indian Health Service (IHS). Based on the 
average per capita expenditures by those agencies for other 
Indian tribes, CBO estimates that implementing H.R. 1385 would 
cost $65 million over the 2010-2014 period, assuming 
appropriation of the necessary funds.
    Bureau of Indian Affairs: BIA provides funding to federally 
recognized tribes for various purposes, including child welfare 
services, adult care, community development, and general 
assistance. In total, CBO estimates that providing BIA services 
would cost $14 million over the 2010-2014 period, assuming 
appropriation of the necessary funds. This estimate is based on 
per capita expenditures for other federally recognized tribes 
located in the eastern United States.
    Indian Health Service: H.R. 1385 also would make members of 
the tribes eligible to receive health benefits from the IHS. 
Based on information from the IHS, CBO estimates that about 56 
percent of tribal members--or about 2,400 people--would receive 
benefits each year. CBO assumes that the cost to serve those 
individuals would be similar to funding for current IHS 
beneficiaries--about $4,000 per individual in 2009. Assuming 
appropriation of the necessary funds and adjusting for 
anticipated inflation, CBO estimates that IHS benefits for the 
tribes would cost $51 million over the 2010-2014 period.
    Other Federal agencies: In addition to BIA and IHS funding, 
certain Indian tribes also receive support from other federal 
programs within the Departments of Education, Housing and Urban 
Development, Labor, and Agriculture. Based on their status as 
tribes recognized by Virginia, the tribes specified in the bill 
are already eligible to receive funding from those departments. 
Thus, CBO estimates that implementing H.R. 1385 would not add 
to the cost of those programs.
    Intergovernmental and private-sector impact: H.R. 1385 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Leigh Angres--Bureau 
of Indian Affairs, Robert Stewart--Indian Health Service; 
Impact on State, Local, and Tribal Governments: Melissa 
Merrell; Impact on the Private Sector: Marin Randall.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 1385 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or (f) of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local, or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                    ADDITIONAL AND DISSENTING VIEWS

    H.R. 1385 extends recognition to six tribes in the 
Commonwealth of Virginia that seek recognition as the 
descendants of historic tribes that had treaty relations with 
the colonists of Virginia and the King of England. Before the 
House proceeds further with this bill, several key issues 
should be thoroughly addressed.
    First, more information is needed as to who the present-day 
tribes and their members petitioning for recognition are. Two 
hearings (one in the 111th Congress on H.R. 1385 and one in the 
110th on similar legislation) have not cleared this up. This 
leads to a related question: is every member of these tribes an 
Indian descendant of one of the historic tribes of Virginia? 
The answer to this question is unclear because the Committee 
has neither analyzed nor received from the Department of the 
Interior a reasonable analysis of the records necessary for a 
fully informed decision to recommend that the full House pass 
H.R. 1385. Apart from this incomplete record, the 
appropriateness and justification for recognizing six Indian 
tribes in Virginia have not been fully considered. There also 
seems to be a lack of justification for considering the 
petitions of the Virginia groups prior to the petitions of 
other groups. About nine groups that submitted petitions 
seeking recognition under the Bureau of Indian Affairs' 
regulatory process have completed their petitions; in this 
respect, they are more prepared for a final determination than 
the Virginia tribes. There seem to be few, if any, objective 
criteria for considering recognition bills in the Committee.
    More hearings are in order for H.R. 1385 before sending it 
to the House Floor. In the hearing held on March 18, 2009, the 
Committee received a lot of testimony from a witness for the 
six petitioners, from the Governor of Virginia, a historian, 
and the Department of the Interior. All provided interesting, 
often passionate, statements. It was especially troubling to 
learn of a dark era in the Commonwealth's history when racial 
integrity laws suppressed the identification of Indian 
Virginians. Although the Department provided no position on the 
bill in its brief statement on H.R. 1385, the Administration 
witness did remark that all six groups have petitioned for 
recognition with the BIA, but none have completed this process. 
This means the Department lacks completely documented petitions 
from the six tribes.
    H.R. 1385 contains ample lists of congressional findings 
about the history of the six groups, but there is no 
requirement to verify that members of these tribes are Indian 
people who descend from historic Virginia tribes. The 
definition of ``tribal member'' in H.R. 1385 does not even 
require the individual to be of Indian ancestry. According to 
information provided to the Committee, the tribes' policies or 
laws generally require Indian ancestry to be members. The 
legislation, however, does not require that the Secretary of 
the Interior verify that the groups' members actually descend 
from historic Virginia tribes. The House should consider 
amending the bill to require that any entity recognized as a 
tribe must be able to document that its members are Indian 
people who descend from the historic tribes residing in the 
area that is now present-day Virginia.
    A final and broader concern with H.R. 1385 is that what 
Congress does with this bill could well affect the Committee's 
ongoing work to address the Supreme Court decision in Carcieri 
v. Salazar. Members of the Committee who were present for the 
April 1 hearing on this matter learned that the Supreme Court 
held that the Secretary of the Interior has no authority to 
acquire lands into trust for tribes not under federal 
jurisdiction in 1934, except when authorized by a specific Act 
of Congress. As a result, the Secretary can no longer acquire 
lands in trust without a specific Act of Congress for tribes 
recognized after 1934, and the trust status of the lands of 
such tribes might be open to challenge.
    The six Virginia tribes were not under federal jurisdiction 
in 1934. Thus, anything done with H.R. 1385, could set a 
precedent for resolving Carcieri. Under H.R. 1385, lands placed 
in trust for the Virginia tribes will be secure; meanwhile, 
lands held in trust or proposed for trust by other tribes 
recognized many years ago, are not secure. This kind of 
inconsistency in federal Indian policy is the kind that led to 
the Carcieri controversies in the first place.
    If the solution to Carcieri is to deal with each and every 
post-1934 tribe's trust land application separately in 
Congress, then H.R. 1385 is appropriate. If the solution is to 
provide the Secretary of Interior with appropriate authority to 
acquire lands in trust, then H.R. 1385 is not appropriate.
    While the Committee has held a hearing on Carcieri, there 
seems to be no consensus on how to resolve it. We have received 
no testimony from the Department, and none of the tribes, 
states, counties, cities, private land owners and other 
concerned interests have had an opportunity to testify in the 
Committee as of the time the report for H.R. 1385 is filed.
    It would be wise to postpone Floor action of any 
recognition bills until the Committee acquires a better 
understanding of the impacts of Carcieri and what to do about 
it.
                                                      Doc Hastings.