H.R. 3764 — what changed
Tribal Recognition Act of 2016
From Introduced in House to Reported in House. 64 added and 12 removed between Introduced in House and Reported in House.
Section 1 Short title
removed
removed
This Act may be cited as the “Tribal Recognition Act of 2015”.
Sec. 2 Findings
removed
removed
Congress finds as follows:
removed
Article I, section 8, clause 3 of the Constitution (commonly known as the “Indian Commerce Clause”) gives Congress authority over Indian affairs.
removed
Such authority is plenary and exclusive.
removed
Such authority may not be exercised by the executive branch, except as expressly delegated by an Act of Congress (or by a treaty ratified by the Senate before March 1871).
Sec. 3 Definitions
removed
removed
As used in this Act:
removed
Assistant Secretary— The term Assistant Secretary means the Assistant Secretary of Indian Affairs, or that officer’s authorized representative.
removed
Autonomous— The term autonomous means the exercise of political influence or authority independent of the control of any other Indian governing entity. Autonomous must be understood in the context of the history, geography, culture and social organization of the petitioning group.
removed
Community— The term Community means any group of people which can demonstrate that consistent interactions and significant social relationships exist within its membership and that its members are differentiated from and identified as distinct from nonmembers. Community must be understood in the context of the history, geography, culture and social organization of the group.
removed
Continental United States— The term continental United States means the contiguous 48 States and Alaska.
removed
Continuously or continuous— The term continuously or continuous means extending from first sustained contact with non-Indians throughout the group’s history to the present substantially without interruption.
removed
Documented petition— The term documented petition means the detailed arguments made by a petitioner to substantiate its claim to continuous existence as an Indian tribe, together with the factual exposition and all documentary evidence necessary to demonstrate that these arguments address the mandatory criteria.
removed
Historically, historical or history— The term historically, historical or history means dating from first sustained contact with non-Indians.
removed
Indian group or group— The term Indian group or group means any Indian or Alaska Native aggregation within the continental United States that the Secretary of the Interior does not acknowledge to be an Indian tribe. Indian tribe, also referred to herein as tribe, means any Indian or Alaska Native tribe, band, pueblo, village, or community within the continental United States that the Secretary of the Interior has lawfully acknowledged as an Indian tribe.
removed
Indigenous— The term indigenous means native to the continental United States in that at least part of the petitioner’s territory at the time of sustained contact extended into what is now the continental United States.
removed
Informed party— The term informed party means any person or organization, other than an interested party, who requests an opportunity to submit comments or evidence or to be kept informed of general actions regarding a specific petitioner.
removed
Interested party— The term interested party means any person, organization or other entity who can establish a legal, factual or property interest in an acknowledgment determination and who requests an opportunity to submit comments or evidence or to be kept informed of general actions regarding a specific petitioner. “Interested party” includes the governor and attorney general of the State in which a petitioner is located, and may include, but is not limited to, local governmental units, and any recognized Indian tribes and unrecognized Indian groups that might be affected by an acknowledgment determination.
removed
Letter of intent— The term letter of intent means an undocumented letter or resolution by which an Indian group requests Federal acknowledgment as an Indian tribe and expresses its intent to submit a documented petition.
removed
Petitioner— The term petitioner means any entity that has submitted a letter of intent to the Secretary requesting acknowledgment that it is an Indian tribe.
removed
Political influence or authority— The term political influence or authority means a tribal council, leadership, internal process or other mechanism which the group has used as a means of influencing or controlling the behavior of its members in significant respects, and/or making decisions for the group which substantially affect its members, and/or representing the group in dealing with outsiders in matters of consequence. This process is to be understood in the context of the history, culture and social organization of the group.
removed
Previous Federal acknowledgment— The term previous Federal acknowledgment means action by the Federal Government clearly premised on identification of a tribal political entity and indicating clearly the recognition of a relationship between that entity and the United States.
removed
Secretary— The term Secretary means the Secretary of the Interior or that officer’s authorized representative.
removed
Sustained contact— The term sustained contact means the period of earliest sustained non-Indian settlement and/or governmental presence in the local area in which the historical tribe or tribes from which the petitioner descends was located historically.
Sec. 4 Groups eligible to submit petitions
removed
removed
Eligible groups— Indian groups indigenous to the continental United States that are not federally recognized Indian tribes on the date of the enactment of this Act may submit a petition under this Act.
removed
Ineligible groups— The following may not submit a petition under this Act:
removed
Splinter groups, political factions, communities or groups of any character that separate from the main body of a federally recognized Indian tribe, unless they can establish clearly that they have functioned throughout history until the present as an autonomous tribal entity, even if they have been regarded by some as part of or have been associated in some manner with a federally recognized Indian tribe.
removed
Indian tribes, organized bands, pueblos, Alaska native villages, or communities that have been lawfully acknowledged to be federally recognized Indian tribes and are receiving services from the Bureau of Indian Affairs.
removed
Groups that petitioned and were denied Federal acknowledgment under part 83 of title 25, Code of Federal Regulations, including reorganized or reconstituted petitioners previously denied, or splinter groups, spin-offs, or component groups of any type that were once part of petitioners previously denied.
removed
Groups with petitions in progress— This Act, including the criteria in section 7, shall apply to any Indian group whose documented petition was submitted and not denied on the date of the enactment of this Act.
Sec. 5 Filing a letter of intent
removed
removed
Any Indian group in the continental United States that believes it should be acknowledged as an Indian tribe and that it can satisfy the criteria in this Act may submit a letter of intent requesting acknowledgment that an Indian group exists as an Indian tribe. The letter of intent submitted under this section—
removed
shall be filed with the Assistant Secretary—Indian Affairs, Department of the Interior;
removed
may be filed in advance of, or at the same time as, a group’s documented petition; and
removed
shall be produced, dated and signed by the governing body of an Indian group.
Sec. 6 Duties of the Assistant Secretary
removed
removed
Guidelines— The Assistant Secretary shall make available guidelines for the preparation of documented petitions. These guidelines shall—
removed
include an explanation of the criteria, a discussion of the types of evidence which may be used to demonstrate particular criteria, and general suggestions and guidelines on how and where to conduct research;
removed
include an example of a documented petition format which shall provide guidance, but not preclude the use of any other format; and
removed
may be supplemented or updated as necessary.
removed
Research and preparation of petition— The Assistant Secretary—
removed
shall provide petitioners with suggestions and advice regarding preparation of the documented petition; and
removed
shall not be responsible for the actual research on behalf of the petitioner.
Sec. 7 Criteria for Federal acknowledgment
removed
removed
The criteria for consideration for Federal acknowledgment is, at a minimum, the following:
removed
The petitioner has been identified as an American Indian entity on a substantially continuous basis since 1900. Evidence that the group’s character as an Indian entity has from time to time been denied shall not be considered to be conclusive evidence that this criterion has not been met. Evidence to be relied upon in determining a group’s Indian identity may include one or a combination of the following, as well as other evidence of identification by other than the petitioner itself or its members:
removed
Identification as an Indian entity by Federal authorities.
removed
Relationships with State governments based on identification of the group as Indian.
removed
Dealings with a county, parish, or other local government in a relationship based on the group’s Indian identity.
removed
Identification as an Indian entity by anthropologists, historians, and/or other scholars.
removed
Identification as an Indian entity in newspapers and books.
removed
Identification as an Indian entity in relationships with Indian tribes or with national, regional, or State Indian organizations.
removed
A predominant portion of the petitioning group comprises a distinct community and has existed as a community from historical times until the present.
removed
This criterion may be demonstrated by some combination of the following evidence and/or other evidence that the petitioner meets the definition of community:
removed
Significant rates of marriage within the group, and/or, as may be culturally required, patterned out-marriages with other Indian populations.
removed
Significant social relationships connecting individual members.
removed
Significant rates of informal social interaction which exist broadly among the members of a group.
removed
A significant degree of shared or cooperative labor or other economic activity among the membership.
removed
Evidence of strong patterns of discrimination or other social distinctions by nonmembers.
removed
Shared sacred or secular ritual activity encompassing most of the group.
removed
Cultural patterns shared among a significant portion of the group that are different from those of the non-Indian populations with whom it interacts. These patterns must function as more than a symbolic identification of the group as Indian. They may include, but are not limited to, language, kinship organization, or religious beliefs and practices.
removed
The persistence of a named, collective Indian identity continuously over a period of more than 50 years, notwithstanding changes in name.
removed
A demonstration of historical political influence under the criterion in paragraph (3) shall be evidence for demonstrating historical community.
removed
A petitioner shall be considered to have provided sufficient evidence of community at a given point in time if evidence is provided to demonstrate any one of the following:
removed
More than 50 percent of the members reside in a geographical area exclusively or almost exclusively composed of members of the group, and the balance of the group maintains consistent interaction with some members of the community.
removed
At least 50 percent of the marriages in the group are between members of the group.
removed
At least 50 percent of the group members maintain distinct cultural patterns such as, but not limited to, language, kinship organization, or religious beliefs and practices.
removed
There are distinct community social institutions encompassing most of the members, such as kinship organizations, formal or informal economic cooperation, or religious organizations.
removed
The group has met the criterion in paragraph (3) using evidence described in paragraph (3)(B).
removed
The petitioner has maintained political influence or authority over its members as an autonomous entity from historical times until the present.
removed
This criterion may be demonstrated by some combination of the evidence listed below and/or by other evidence that the petitioner meets the definition of political influence or authority:
removed
The group is able to mobilize significant numbers of members and significant resources from its members for group purposes.
removed
Most of the membership considers issues acted upon or actions taken by group leaders or governing bodies to be of importance.
removed
There is widespread knowledge, communication and involvement in political processes by most of the group’s members.
removed
The group meets the criterion in paragraph (2) at more than a minimal level.
removed
There are internal conflicts which show controversy over valued group goals, properties, policies, processes and/or decisions.
removed
A petitioning group shall be considered to have provided sufficient evidence to demonstrate the exercise of political influence or authority at a given point in time by demonstrating that group leaders and/or other mechanisms exist or existed which—
removed
allocate group resources such as land, residence rights and the like on a consistent basis;
removed
settle disputes between members or subgroups by mediation or other means on a regular basis;
removed
exert strong influence on the behavior of individual members, such as the establishment or maintenance of norms and the enforcement of sanctions to direct or control behavior; and
removed
organize or influence economic subsistence activities among the members, including shared or cooperative labor.
removed
A group that has met the requirements in paragraph (2)(B) at a given point in time shall be considered to have provided sufficient evidence to meet this criterion at that point in time.
removed
A copy of the group’s present governing document including its membership criteria. In the absence of a written document, the petitioner must provide a statement describing in full its membership criteria and current governing procedures.
removed
The petitioner’s membership consists of individuals who descend from a historical Indian tribe or from historical Indian tribes which combined and functioned as a single autonomous political entity.
removed
Some types of evidence that can be used for this purpose include the following:
removed
Rolls prepared by the Secretary on a descendancy basis for purposes of distributing claims money, providing allotments, or other purposes.
removed
State, Federal, or other official records or evidence identifying present members or ancestors of present members as being descendants of a historical tribe or tribes that combined and functioned as a single autonomous political entity.
removed
Church, school, and other similar enrollment records identifying present members or ancestors of present members as being descendants of a historical tribe or tribes that combined and functioned as a single autonomous political entity.
removed
Affidavits of recognition by tribal elders, leaders, or the tribal governing body identifying present members or ancestors of present members as being descendants of a historical tribe or tribes that combined and functioned as a single autonomous political entity.
removed
Other records or evidence identifying present members or ancestors of present members as being descendants of a historical tribe or tribes that combined and functioned as a single autonomous political entity.
removed
The petitioner must provide an official membership list, separately certified by the group’s governing body, of all known current members of the group. This list must include each member’s full name (including maiden name), date of birth, and current residential address. The petitioner must also provide a copy of each available former list of members based on the group’s own defined criteria, as well as a statement describing the circumstances surrounding the preparation of the current list and, insofar as possible, the circumstances surrounding the preparation of former lists.
removed
The membership of the petitioning group is composed principally of persons who are not members of any acknowledged North American Indian tribe. However, under certain conditions a petitioning group may be acknowledged even if its membership is composed principally of persons whose names have appeared on rolls of, or who have been otherwise associated with, an acknowledged Indian tribe. The conditions are that the group must establish that it has functioned throughout history until the present as a separate and autonomous Indian tribal entity, that its members do not maintain a bilateral political relationship with the acknowledged tribe, and that its members have provided written confirmation of their membership in the petitioning group.
removed
Neither the petitioner nor its members are the subject of congressional legislation that has expressly terminated or forbidden the Federal relationship.
Sec. 8 Previous Federal acknowledgment
removed
removed
In general— Unambiguous previous Federal acknowledgment shall be acceptable evidence of the tribal character of a petitioner to the date of the last such previous acknowledgment. If a petitioner provides substantial evidence of unambiguous Federal acknowledgment, the petitioner shall only be required to demonstrate that it meets the requirements of section 7 to the extent required by this section. A determination of the adequacy of the evidence of previous Federal action acknowledging tribal status shall be made during the technical assistance review of the documented petition conducted pursuant to section 10(b).
removed
Evidence— Evidence to demonstrate previous Federal acknowledgment includes evidence that the group—
removed
has had treaty relations with the United States;
removed
has been denominated a tribe by an Act of Congress or Executive order; and
removed
has been treated by the Federal Government as having collective rights in tribal lands or funds.
Sec. 9 Notice of receipt of a petition
removed
removed
In general— Not later than 30 days after receiving a letter of intent, or a documented petition if a letter of intent has not previously been received and noticed, the Assistant Secretary shall acknowledge to the sender such receipt in writing. Notice under this subsection shall—
removed
include the name, location, and mailing address of the petitioner and such other information to identify the entity submitting the letter of intent or documented petition and the date it was received;
removed
serve to announce the opportunity for interested parties and informed parties to submit factual or legal arguments in support of or in opposition to the petitioner’s request for acknowledgment or to request to be kept informed of all general actions affecting the petition; and
removed
indicate where a copy of the letter of intent and the documented petition may be examined.
removed
Notice to State governments— The Assistant Secretary shall notify, in writing—
removed
the Governor and Attorney General of the State or States in which a petitioner is located; and
removed
any recognized tribe and any other petitioner that—
removed
appears to have a historical or present relationship with the petitioner; or
removed
may otherwise be considered to have a potential interest in the acknowledgment determination.
removed
Publication— Not later than 60 days after receiving a letter of intent, or a documented petition if a letter of intent has not previously been received and noticed, the Assistant Secretary shall have the notice required under this section published—
removed
in the Federal Register; and
removed
in a major newspaper or newspapers of general circulation in the town or city nearest to the petitioner.
Sec. 10 Processing of the documented petition
removed
removed
Review— Upon receipt of a documented petition, the Assistant Secretary—
removed
shall cause a review to be conducted to determine the extent to which the petitioner has met the criteria set forth in section 7;
removed
shall include consideration of the documented petition and the factual statements contained therein;
removed
may initiate other research for any purpose relative to analyzing the documented petition and obtaining additional information about the petitioner’s status; and
removed
may consider any evidence which may be submitted by interested parties or informed parties.
removed
Technical assistance—
removed
Prior to review of the documented petition under subsection (a), the Assistant Secretary shall conduct a preliminary review of the petition in order to provide technical assistance to the petitioner.
removed
The review under paragraph (1) shall be a preliminary review for the purpose of providing the petitioner an opportunity to supplement or revise the documented petition prior to the review under paragraph (1). Insofar as possible, technical assistance reviews under this paragraph will be conducted in the order of receipt of documented petitions. However, technical assistance reviews will not have priority over active consideration of documented petitions.
removed
After the technical assistance review, the Assistant Secretary shall notify the petitioner by letter of any obvious deficiencies or significant omissions apparent in the documented petition and provide the petitioner with an opportunity to withdraw the documented petition for further work or to submit additional information.
removed
If a petitioner’s documented petition claims previous Federal acknowledgment or includes evidence of previous Federal acknowledgment, the technical assistance review shall also include a review to determine whether that evidence is sufficient to meet the requirements of previous Federal acknowledgment.
removed
Response to technical assistance review—
removed
Petitioners may respond in part or in full to the technical assistance review letter or request, in writing, that the Assistant Secretary proceed with the active consideration of the documented petition using the materials already submitted.
removed
If the petitioner requests that the materials submitted in response to the technical assistance review letter be again reviewed for adequacy, the Assistant Secretary shall provide the additional review.
removed
If the assertion of previous Federal acknowledgment under section 8 cannot be substantiated during the technical assistance review, the petitioner may respond by providing additional evidence. A petitioner that claims previous Federal acknowledgment and fails to respond to a technical assistance review letter under this subsection, or whose response fails to establish the claim, shall have its documented petition considered on the same basis as documented petitions submitted by groups not claiming previous Federal acknowledgment. Petitioners that fail to demonstrate previous Federal acknowledgment after a review of materials submitted in response to the technical assistance review shall be so notified. Such petitioners may submit additional materials concerning previous acknowledgment during the course of active consideration.
removed
Consideration of documented petitions— The Assistant Secretary shall—
removed
review documented petitions in the order that they are determined ready for review;
removed
establish and maintain a numbered register of documented petitions which have been determined ready for active consideration;
removed
maintain a numbered register of letters of intent or incomplete petitions based on the original date received by the Department of the Interior; and
removed
use the register of letters of intent or incomplete petitions to determine the order of review by the Assistant Secretary if two or more documented petitions are determined ready for review on the same date.
removed
Report— Not later than 1 year after notifying the petitioner that review of the documented petition has begun, the Assistant Secretary shall—
removed
submit a report including a summary of the evidence, findings, petition, and supporting documentation, to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate;
removed
notify the petitioner and interested parties that the review is complete and the report required under paragraph (1) has been submitted;
removed
provide copies of the report to the petitioner and interested parties; and
removed
provide copies of the report to informed parties and others upon written request.
Sec. 11 Clarification of Federal recognition authority
removed
removed
Act of Congress required— An Indian group may receive Federal acknowledgment (or reacknowledgment) as an Indian tribe only by an Act of Congress. The Secretary may not grant Federal acknowledgment (or reacknowledgment) to any Indian group.
removed
Previous acknowledgment— This Act shall not affect the status of any Indian tribe that was lawfully federally acknowledged before the date of the enactment of this Act.
Sec. 12 Force and effect of regulations
removed
removed
Part 83 of title 25, Code of Federal Regulations, shall have no force or effect.
Sec. 101 Short title
addedadded This title may be cited as the “Tribal Recognition Act of 2016”.
Sec. 102 Findings
addedadded Congress finds as follows:
added
Article I, section 8, clause 3 of the Constitution (commonly known as the “Indian Commerce Clause”) gives Congress authority over Indian affairs.
added
Such authority is plenary and exclusive.
added
Such authority may not be exercised by the executive branch, except as expressly delegated by an Act of Congress (or by a treaty ratified by the Senate before March 1871).
Sec. 103 Definitions
addedadded As used in this title:
added
Assistant Secretary— The term Assistant Secretary means the Assistant Secretary of Indian Affairs, or that officer’s authorized representative.
added
Autonomous— The term autonomous means the exercise of political influence or authority independent of the control of any other Indian governing entity. Autonomous must be understood in the context of the history, geography, culture and social organization of the petitioning group.
added
Community— The term Community means any group of people which can demonstrate that consistent interactions and significant social relationships exist within its membership and that its members are differentiated from and identified as distinct from nonmembers. Community must be understood in the context of the history, geography, culture and social organization of the group.
added
Continental United States— The term continental United States means the contiguous 48 States and Alaska.
added
Continuously or continuous— The term continuously or continuous means extending from first sustained contact with non-Indians throughout the group’s history to the present substantially without interruption.
added
Documented petition— The term documented petition means the detailed arguments made by a petitioner to substantiate its claim to continuous existence as an Indian tribe, together with the factual exposition and all documentary evidence necessary to demonstrate that these arguments address the mandatory criteria.
added
Historically, historical or history— The term historically, historical or history means dating from first sustained contact with non-Indians.
added
Indian group or group— The term Indian group or group means any Indian or Alaska Native aggregation within the continental United States that the Secretary of the Interior does not acknowledge to be an Indian tribe. Indian tribe, also referred to herein as tribe, means any Indian or Alaska Native tribe, band, pueblo, village, or community within the continental United States that the Secretary of the Interior has lawfully acknowledged as an Indian tribe.
added
Indigenous— The term indigenous means native to the continental United States in that at least part of the petitioner’s territory at the time of sustained contact extended into what is now the continental United States.
added
Informed party— The term informed party means any person or organization, other than an interested party, who requests an opportunity to submit comments or evidence or to be kept informed of general actions regarding a specific petitioner.
added
Interested party— The term interested party means any person, organization or other entity who can establish a legal, factual or property interest in an acknowledgment determination and who requests an opportunity to submit comments or evidence or to be kept informed of general actions regarding a specific petitioner. “Interested party” includes the governor and attorney general of the State in which a petitioner is located, and may include, but is not limited to, local governmental units, and any recognized Indian tribes and unrecognized Indian groups that might be affected by an acknowledgment determination.
added
Letter of intent— The term letter of intent means an undocumented letter or resolution by which an Indian group requests Federal acknowledgment as an Indian tribe and expresses its intent to submit a documented petition.
added
Petitioner— The term petitioner means any entity that has submitted a letter of intent to the Secretary requesting acknowledgment that it is an Indian tribe.
added
Political influence or authority— The term political influence or authority means a tribal council, leadership, internal process or other mechanism which the group has used as a means of influencing or controlling the behavior of its members in significant respects, and/or making decisions for the group which substantially affect its members, and/or representing the group in dealing with outsiders in matters of consequence. This process is to be understood in the context of the history, culture and social organization of the group.
added
Previous Federal acknowledgment— The term previous Federal acknowledgment means action by the Federal Government clearly premised on identification of a tribal political entity and indicating clearly the recognition of a relationship between that entity and the United States.
added
Secretary— The term Secretary means the Secretary of the Interior or that officer’s authorized representative.
added
Sustained contact— The term sustained contact means the period of earliest sustained non-Indian settlement and/or governmental presence in the local area in which the historical tribe or tribes from which the petitioner descends was located historically.
Sec. 104 Groups eligible to submit petitions
added
added
Eligible groups— Indian groups indigenous to the continental United States that are not federally recognized Indian tribes on the date of the enactment of this Act may submit a petition under this title.
added
Ineligible groups— The following may not submit a petition under this title:
added
Splinter groups, political factions, communities or groups of any character that separate from the main body of a federally recognized Indian tribe, unless they can establish clearly that they have functioned throughout history until the present as an autonomous tribal entity, even if they have been regarded by some as part of or have been associated in some manner with a federally recognized Indian tribe.
added
Indian tribes, organized bands, pueblos, Alaska native villages, or communities that have been lawfully acknowledged to be federally recognized Indian tribes and are receiving services from the Bureau of Indian Affairs.
added
Groups that petitioned and were denied Federal acknowledgment under part 83 of title 25, Code of Federal Regulations, including reorganized or reconstituted petitioners previously denied, or splinter groups, spin-offs, or component groups of any type that were once part of petitioners previously denied.
added
Groups for which a documented petition has not been filed pursuant to section 109 by the date that is five years after the date of the enactment of this Act.
added
Groups with petitions in progress— This title, including the criteria in section 107, shall apply to any Indian group whose documented petition was submitted and not denied on the date of the enactment of this Act.
Sec. 105 Filing a letter of intent
addedadded Any Indian group in the continental United States that believes it should be acknowledged as an Indian tribe and that it can satisfy the criteria in this title may submit a letter of intent requesting acknowledgment that an Indian group exists as an Indian tribe. The letter of intent submitted under this section—
added
shall be filed with the Assistant Secretary—Indian Affairs, Department of the Interior;
added
may be filed in advance of, or at the same time as, a group’s documented petition; and
added
shall be produced, dated and signed by the governing body of an Indian group.
Sec. 106 Duties of the Assistant Secretary
added
added
Guidelines— The Assistant Secretary shall make available guidelines for the preparation of documented petitions. These guidelines shall—
added
include an explanation of the criteria, a discussion of the types of evidence which may be used to demonstrate particular criteria, and general suggestions and guidelines on how and where to conduct research;
added
include an example of a documented petition format which shall provide guidance, but not preclude the use of any other format; and
added
may be supplemented or updated as necessary.
added
Research and preparation of petition— The Assistant Secretary—
added
shall provide petitioners with suggestions and advice regarding preparation of the documented petition; and
added
shall not be responsible for the actual research on behalf of the petitioner.
Sec. 107 Criteria for Federal acknowledgment
addedadded The criteria for consideration for Federal acknowledgment is, at a minimum, the following:
added
The petitioner has been identified as an American Indian entity on a substantially continuous basis since 1900. Evidence that the group’s character as an Indian entity has from time to time been denied shall not be considered to be conclusive evidence that this criterion has not been met. Evidence to be relied upon in determining a group’s Indian identity may include one or a combination of the following, as well as other evidence of identification by other than the petitioner itself or its members:
added
Identification as an Indian entity by Federal authorities.
added
Relationships with State governments based on identification of the group as Indian.
added
Dealings with a county, parish, or other local government in a relationship based on the group’s Indian identity.
added
Identification as an Indian entity by anthropologists, historians, and/or other scholars.
added
Identification as an Indian entity in newspapers and books.
added
Identification as an Indian entity in relationships with Indian tribes or with national, regional, or State Indian organizations.
added
A predominant portion of the petitioning group comprises a distinct community and has existed as a community from historical times until the present.
added
This criterion may be demonstrated by some combination of the following evidence and/or other evidence that the petitioner meets the definition of community:
added
Significant rates of marriage within the group, and/or, as may be culturally required, patterned out-marriages with other Indian populations.
added
Significant social relationships connecting individual members.
added
Significant rates of informal social interaction which exist broadly among the members of a group.
added
A significant degree of shared or cooperative labor or other economic activity among the membership.
added
Evidence of strong patterns of discrimination or other social distinctions by nonmembers.
added
Shared sacred or secular ritual activity encompassing most of the group.
added
Cultural patterns shared among a significant portion of the group that are different from those of the non-Indian populations with whom it interacts. These patterns must function as more than a symbolic identification of the group as Indian. They may include, but are not limited to, language, kinship organization, or religious beliefs and practices.
added
The persistence of a named, collective Indian identity continuously over a period of more than 50 years, notwithstanding changes in name.
added
A demonstration of historical political influence under the criterion in paragraph (3) shall be evidence for demonstrating historical community.
added
A petitioner shall be considered to have provided sufficient evidence of community at a given point in time if evidence is provided to demonstrate any one of the following:
added
More than 50 percent of the members reside in a geographical area exclusively or almost exclusively composed of members of the group, and the balance of the group maintains consistent interaction with some members of the community.
added
At least 50 percent of the marriages in the group are between members of the group.
added
At least 50 percent of the group members maintain distinct cultural patterns such as, but not limited to, language, kinship organization, or religious beliefs and practices.
added
There are distinct community social institutions encompassing most of the members, such as kinship organizations, formal or informal economic cooperation, or religious organizations.
added
The group has met the criterion in paragraph (3) using evidence described in paragraph (3)(B).
added
The petitioner has maintained political influence or authority over its members as an autonomous entity from historical times until the present.
added
This criterion may be demonstrated by some combination of the evidence listed below and/or by other evidence that the petitioner meets the definition of political influence or authority:
added
The group is able to mobilize significant numbers of members and significant resources from its members for group purposes.
added
Most of the membership considers issues acted upon or actions taken by group leaders or governing bodies to be of importance.
added
There is widespread knowledge, communication and involvement in political processes by most of the group’s members.
added
The group meets the criterion in paragraph (2) at more than a minimal level.
added
There are internal conflicts which show controversy over valued group goals, properties, policies, processes and/or decisions.
added
A petitioning group shall be considered to have provided sufficient evidence to demonstrate the exercise of political influence or authority at a given point in time by demonstrating that group leaders and/or other mechanisms exist or existed which—
added
allocate group resources such as land, residence rights and the like on a consistent basis;
added
settle disputes between members or subgroups by mediation or other means on a regular basis;
added
exert strong influence on the behavior of individual members, such as the establishment or maintenance of norms and the enforcement of sanctions to direct or control behavior; and
added
organize or influence economic subsistence activities among the members, including shared or cooperative labor.
added
A group that has met the requirements in paragraph (2)(B) at a given point in time shall be considered to have provided sufficient evidence to meet this criterion at that point in time.
added
A copy of the group’s present governing document including its membership criteria. In the absence of a written document, the petitioner must provide a statement describing in full its membership criteria and current governing procedures.
added
The petitioner’s membership consists of individuals who descend from a historical Indian tribe or from historical Indian tribes which combined and functioned as a single autonomous political entity.
added
Some types of evidence that can be used for this purpose include the following:
added
Rolls prepared by the Secretary on a descendancy basis for purposes of distributing claims money, providing allotments, or other purposes.
added
State, Federal, or other official records or evidence identifying present members or ancestors of present members as being descendants of a historical tribe or tribes that combined and functioned as a single autonomous political entity.
added
Church, school, and other similar enrollment records identifying present members or ancestors of present members as being descendants of a historical tribe or tribes that combined and functioned as a single autonomous political entity.
added
Affidavits of recognition by tribal elders, leaders, or the tribal governing body identifying present members or ancestors of present members as being descendants of a historical tribe or tribes that combined and functioned as a single autonomous political entity.
added
Other records or evidence identifying present members or ancestors of present members as being descendants of a historical tribe or tribes that combined and functioned as a single autonomous political entity.
added
The petitioner must provide an official membership list, separately certified by the group’s governing body, of all known current members of the group. This list must include each member’s full name (including maiden name), date of birth, and current residential address. The petitioner must also provide a copy of each available former list of members based on the group’s own defined criteria, as well as a statement describing the circumstances surrounding the preparation of the current list and, insofar as possible, the circumstances surrounding the preparation of former lists.
added
The membership of the petitioning group is composed principally of persons who are not members of any acknowledged North American Indian tribe. However, under certain conditions a petitioning group may be acknowledged even if its membership is composed principally of persons whose names have appeared on rolls of, or who have been otherwise associated with, an acknowledged Indian tribe. The conditions are that the group must establish that it has functioned throughout history until the present as a separate and autonomous Indian tribal entity, that its members do not maintain a bilateral political relationship with the acknowledged tribe, and that its members have provided written confirmation of their membership in the petitioning group.
added
Neither the petitioner nor its members are the subject of congressional legislation that has expressly terminated or forbidden the Federal relationship.
Sec. 108 Previous Federal acknowledgment
added
added
In general— Unambiguous previous Federal acknowledgment shall be acceptable evidence of the tribal character of a petitioner to the date of the last such previous acknowledgment. If a petitioner provides substantial evidence of unambiguous Federal acknowledgment, the petitioner shall only be required to demonstrate that it meets the requirements of section 107 to the extent required by this section. A determination of the adequacy of the evidence of previous Federal action acknowledging tribal status shall be made during the technical assistance review of the documented petition conducted pursuant to section 110(b).
added
Evidence— Evidence to demonstrate previous Federal acknowledgment includes evidence that the group—
added
has had treaty relations with the United States;
added
has been denominated a tribe by an Act of Congress or Executive order; and
added
has been treated by the Federal Government as having collective rights in tribal lands or funds.
Sec. 109 Notice of receipt of a petition
added
added
In general— Not later than 30 days after receiving a letter of intent, or a documented petition if a letter of intent has not previously been received and noticed, the Assistant Secretary shall acknowledge to the sender such receipt in writing. Notice under this subsection shall—
added
include the name, location, and mailing address of the petitioner and such other information to identify the entity submitting the letter of intent or documented petition and the date it was received;
added
serve to announce the opportunity for interested parties and informed parties to submit factual or legal arguments in support of or in opposition to the petitioner’s request for acknowledgment or to request to be kept informed of all general actions affecting the petition; and
added
indicate where a copy of the letter of intent and the documented petition may be examined.
added
Notice to State governments— The Assistant Secretary shall notify, in writing—
added
the Governor and Attorney General of the State or States in which a petitioner is located; and
added
any recognized tribe and any other petitioner that—
added
appears to have a historical or present relationship with the petitioner; or
added
may otherwise be considered to have a potential interest in the acknowledgment determination.
added
Publication— Not later than 60 days after receiving a letter of intent, or a documented petition if a letter of intent has not previously been received and noticed, the Assistant Secretary shall have the notice required under this section published—
added
in the Federal Register; and
added
in a major newspaper or newspapers of general circulation in the town or city nearest to the petitioner.
Sec. 110 Processing of the documented petition
added
added
Review— Upon receipt of a documented petition, the Assistant Secretary—
added
shall cause a review to be conducted to determine the extent to which the petitioner has met the criteria set forth in section 107;
added
shall include consideration of the documented petition and the factual statements contained therein;
added
may initiate other research for any purpose relative to analyzing the documented petition and obtaining additional information about the petitioner’s status; and
added
may consider any evidence which may be submitted by interested parties or informed parties.
added
Technical assistance—
added
Prior to review of the documented petition under subsection (a), the Assistant Secretary shall conduct a preliminary review of the petition in order to provide technical assistance to the petitioner.
added
The review under paragraph (1) shall be a preliminary review for the purpose of providing the petitioner an opportunity to supplement or revise the documented petition prior to the review under paragraph (1). Insofar as possible, technical assistance reviews under this paragraph will be conducted in the order of receipt of documented petitions. However, technical assistance reviews will not have priority over active consideration of documented petitions.
added
After the technical assistance review, the Assistant Secretary shall notify the petitioner by letter of any obvious deficiencies or significant omissions apparent in the documented petition and provide the petitioner with an opportunity to withdraw the documented petition for further work or to submit additional information.
added
If a petitioner’s documented petition claims previous Federal acknowledgment or includes evidence of previous Federal acknowledgment, the technical assistance review shall also include a review to determine whether that evidence is sufficient to meet the requirements of previous Federal acknowledgment.
added
Response to technical assistance review—
added
Petitioners may respond in part or in full to the technical assistance review letter or request, in writing, that the Assistant Secretary proceed with the active consideration of the documented petition using the materials already submitted.
added
If the petitioner requests that the materials submitted in response to the technical assistance review letter be again reviewed for adequacy, the Assistant Secretary shall provide the additional review.
added
If the assertion of previous Federal acknowledgment under section 108 cannot be substantiated during the technical assistance review, the petitioner may respond by providing additional evidence. A petitioner that claims previous Federal acknowledgment and fails to respond to a technical assistance review letter under this subsection, or whose response fails to establish the claim, shall have its documented petition considered on the same basis as documented petitions submitted by groups not claiming previous Federal acknowledgment. Petitioners that fail to demonstrate previous Federal acknowledgment after a review of materials submitted in response to the technical assistance review shall be so notified. Such petitioners may submit additional materials concerning previous acknowledgment during the course of active consideration.
added
Consideration of documented petitions— The Assistant Secretary shall—
added
review documented petitions in the order that they are determined ready for review;
added
establish and maintain a numbered register of documented petitions which have been determined ready for active consideration;
added
maintain a numbered register of letters of intent or incomplete petitions based on the original date received by the Department of the Interior; and
added
use the register of letters of intent or incomplete petitions to determine the order of review by the Assistant Secretary if two or more documented petitions are determined ready for review on the same date.
added
Report— Not later than 1 year after notifying the petitioner that review of the documented petition has begun, the Assistant Secretary shall—
added
submit a report including a summary of the evidence, findings, petition, and supporting documentation, to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate;
added
notify the petitioner and interested parties that the review is complete and the report required under paragraph (1) has been submitted;
added
provide copies of the report to the petitioner and interested parties; and
added
provide copies of the report to informed parties and others upon written request.
Sec. 111 Clarification of Federal recognition authority
added
added
Act of Congress required— An Indian group may receive Federal acknowledgment (or reacknowledgment) as an Indian tribe only by an Act of Congress. The Secretary may not grant Federal acknowledgment (or reacknowledgment) to any Indian group.
added
Previous acknowledgment— This title shall not affect the status of any Indian tribe that was federally acknowledged before the date of the enactment of this Act.
Sec. 112 Force and effect of regulations
addedadded Part 83 of title 25, Code of Federal Regulations, shall have no force or effect.
Sec. 201 Short title
addedadded This title may be cited as the “Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2016”.
Sec. 202 Indian Child Welfare Act of 1978
addedadded Nothing in this title affects the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919).
Sec. 211 Findings
addedadded Congress finds that—
added
in 1607, when the English settlers set shore along the Virginia coastline, the Chickahominy Indian Tribe was one of about 30 tribes that received them;
added
in 1614, the Chickahominy Indian Tribe entered into a treaty with Sir Thomas Dale, Governor of the Jamestown Colony, under which—
added
the Chickahominy Indian Tribe agreed to provide 2 bushels of corn per man and send warriors to protect the English; and
added
Sir Thomas Dale agreed in return to allow the Tribe to continue to practice its own tribal governance;
added
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;
added
in 1677, following Bacon’s Rebellion, the Queen of Pamunkey signed the Treaty of Middle Plantation on behalf of the Chickahominy;
added
in 1702, the Chickahominy were forced from their reservation, which caused the loss of a land base;
added
in 1711, the College of William and Mary in Williamsburg established a grammar school for Indians called Brafferton College;
added
a Chickahominy child was one of the first Indians to attend Brafferton College;
added
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;
added
in 1793, a Baptist missionary named Bradby took refuge with the Chickahominy and took a Chickahominy woman as his wife;
added
in 1831, the names of the ancestors of the modern-day Chickahominy Indian Tribe began to appear in the Charles City County census records;
added
in 1901, the Chickahominy Indian Tribe formed Samaria Baptist Church;
added
from 1901 to 1935, Chickahominy men were assessed a tribal tax so that their children could receive an education;
added
the Tribe used the proceeds from the tax to build the first Samaria Indian School, buy supplies, and pay a teacher’s salary;
added
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;
added
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;
added
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;
added
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;
added
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;
added
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;
added
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”;
added
in 1948, the Veterans’ Education Committee of the Virginia State Board of Education approved Samaria Indian School to provide training to veterans;
added
that school was established and run by the Chickahominy Indian Tribe;
added
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;
added
the Samaria Indian School included students in grades 1 through 8;
added
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”;
added
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;
added
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.);
added
in 1974, the Chickahominy Indian Tribe bought land and built a tribal center using monthly pledges from tribal members to finance the transactions;
added
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
added
in 1985, Governor Gerald Baliles was the special guest at an intertribal Thanksgiving Day dinner hosted by the Chickahominy Indian Tribe.
Sec. 212 Definitions
addedadded In this subtitle:
added
Secretary— The term Secretary means the Secretary of the Interior.
added
Tribal member— The term tribal member means—
added
an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and
added
an individual who has been placed on the membership rolls of the Tribe in accordance with this subtitle.
added
Tribe— The term Tribe means the Chickahominy Indian Tribe.
Sec. 213 Federal recognition
added
added
Federal Recognition—
added
In general— Federal recognition is extended to the Tribe.
added
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 subtitle shall be applicable to the Tribe and tribal members.
added
Federal Services and Benefits—
added
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.
added
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. 214 Membership; governing documents
addedadded 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. 215 Governing body
addedadded The governing body of the Tribe shall be—
added
the governing body of the Tribe in place as of the date of enactment of this Act; or
added
any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.
Sec. 216 Reservation of the Tribe
added
added
In general— Upon the request of the Tribe, the Secretary of the Interior—
added
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
added
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.
added
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.
added
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.
added
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. 217 Hunting, fishing, trapping, gathering, and water rights
addedadded Nothing in this subtitle expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
Sec. 221 Findings
addedadded Congress finds that—
added
in 1607, when the English settlers set shore along the Virginia coastline, the Chickahominy Indian Tribe was one of about 30 tribes that received them;
added
in 1614, the Chickahominy Indian Tribe entered into a treaty with Sir Thomas Dale, Governor of the Jamestown Colony, under which—
added
the Chickahominy Indian Tribe agreed to provide 2 bushels of corn per man and send warriors to protect the English; and
added
Sir Thomas Dale agreed in return to allow the Tribe to continue to practice its own tribal governance;
added
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;
added
in 1677, following Bacon’s Rebellion, the Queen of Pamunkey signed the Treaty of Middle Plantation on behalf of the Chickahominy;
added
in 1702, the Chickahominy were forced from their reservation, which caused the loss of a land base;
added
in 1711, the College of William and Mary in Williamsburg established a grammar school for Indians called Brafferton College;
added
a Chickahominy child was one of the first Indians to attend Brafferton College;
added
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;
added
in 1793, a Baptist missionary named Bradby took refuge with the Chickahominy and took a Chickahominy woman as his wife;
added
in 1831, the names of the ancestors of the modern-day Chickahominy Indian Tribe began to appear in the Charles City County census records;
added
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;
added
other records were destroyed when the New Kent County courthouse was burned, leaving a State census as the only record covering that period;
added
in 1901, the Chickahominy Indian Tribe formed Samaria Baptist Church;
added
from 1901 to 1935, Chickahominy men were assessed a tribal tax so that their children could receive an education;
added
the Tribe used the proceeds from the tax to build the first Samaria Indian School, buy supplies, and pay a teacher’s salary;
added
in 1910, a 1-room school covering grades 1 through 8 was established in New Kent County for the Chickahominy Indian Tribe—Eastern Division;
added
during the period of 1920 through 1921, the Chickahominy Indian Tribe—Eastern Division began forming a tribal government;
added
E.P. Bradby, the founder of the Tribe, was elected to be Chief;
added
in 1922, Tsena Commocko Baptist Church was organized;
added
in 1925, a certificate of incorporation was issued to the Chickahominy Indian Tribe—Eastern Division;
added
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;
added
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;
added
during the period of 1982 through 1984, Tsena Commocko Baptist Church built a new sanctuary to accommodate church growth;
added
in 1983 the Chickahominy Indian Tribe—Eastern Division was granted State recognition along with 5 other Virginia Indian tribes;
added
in 1985—
added
the Virginia Council on Indians was organized as a State agency; and
added
the Chickahominy Indian Tribe—Eastern Division was granted a seat on the Council;
added
in 1988, a nonprofit organization known as the United Indians of Virginia was formed; and
added
Chief Marvin Strongoak Bradby of the Eastern Band of the Chickahominy presently chairs the organization.
Sec. 222 Definitions
addedadded In this subtitle:
added
Secretary— The term Secretary means the Secretary of the Interior.
added
Tribal member— The term tribal member means—
added
an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and
added
an individual who has been placed on the membership rolls of the Tribe in accordance with this subtitle.
added
Tribe— The term Tribe means the Chickahominy Indian Tribe—Eastern Division.
Sec. 223 Federal recognition
added
added
Federal Recognition—
added
In general— Federal recognition is extended to the Tribe.
added
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 subtitle shall be applicable to the Tribe and tribal members.
added
Federal Services and Benefits—
added
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.
added
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. 224 Membership; governing documents
addedadded 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. 225 Governing body
addedadded The governing body of the Tribe shall be—
added
the governing body of the Tribe in place as of the date of enactment of this Act; or
added
any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.
Sec. 226 Reservation of the Tribe
added
added
In general— Upon the request of the Tribe, the Secretary of the Interior—
added
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
added
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.
added
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.
added
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.
added
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. 227 Hunting, fishing, trapping, gathering, and water rights
addedadded Nothing in this subtitle expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
Sec. 231 Findings
addedadded Congress finds that—
added
during the period of 1607 through 1646, the Chickahominy Indian Tribes—
added
lived approximately 20 miles from Jamestown; and
added
were significantly involved in English-Indian affairs;
added
Mattaponi Indians, who later joined the Chickahominy Indians, lived a greater distance from Jamestown;
added
in 1646, the Chickahominy Indians moved to Mattaponi River basin, away from the English;
added
in 1661, the Chickahominy Indians sold land at a place known as the cliffs on the Mattaponi River;
added
in 1669, the Chickahominy Indians—
added
appeared in the Virginia Colony’s census of Indian bowmen; and
added
lived in New Kent County, which included the Mattaponi River basin at that time;
added
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;
added
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;
added
in 1695, the Chickahominy and Mattaponi Indians—
added
were assigned a reservation by the Virginia Colony; and
added
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;
added
in 1711, a Chickahominy boy attended the Indian School at the College of William and Mary;
added
in 1726, the Virginia Colony discontinued funding of interpreters for the Chickahominy and Mattaponi Indian Tribes;
added
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;
added
today, a majority of the Upper Mattaponi Indians have Adams as their surname;
added
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;
added
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;
added
during the period of 1853 through 1884, King William County marriage records listed Upper Mattaponis as Indians in marrying people residing on the reservation;
added
during the period of 1884 through the present, county marriage records usually refer to Upper Mattaponis as Indians;
added
in 1901, Smithsonian anthropologist James Mooney heard about the Upper Mattaponi Indians but did not visit them;
added
in 1928, University of Pennsylvania anthropologist Frank Speck published a book on modern Virginia Indians with a section on the Upper Mattaponis;
added
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;
added
during the period of 1942 through 1945—
added
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
added
a tribal roll for the Upper Mattaponi Indians was compiled;
added
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
added
in 1983, the Upper Mattaponi Indians applied for and won State recognition as an Indian tribe.
Sec. 232 Definitions
addedadded In this subtitle:
added
Secretary— The term Secretary means the Secretary of the Interior.
added
Tribal member— The term tribal member means—
added
an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and
added
an individual who has been placed on the membership rolls of the Tribe in accordance with this subtitle.
added
Tribe— The term Tribe means the Upper Mattaponi Tribe.
Sec. 233 Federal recognition
added
added
Federal Recognition—
added
In general— Federal recognition is extended to the Tribe.
added
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 subtitle shall be applicable to the Tribe and tribal members.
added
Federal Services and Benefits—
added
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.
added
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. 234 Membership; governing documents
addedadded 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. 235 Governing body
addedadded The governing body of the Tribe shall be—
added
the governing body of the Tribe in place as of the date of enactment of this Act; or
added
any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.
Sec. 236 Reservation of the Tribe
added
added
In general— Upon the request of the Tribe, the Secretary of the Interior—
added
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
added
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.
added
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.
added
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.
added
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. 237 Hunting, fishing, trapping, gathering, and water rights
addedadded Nothing in this subtitle expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
Sec. 241 Findings
addedadded Congress finds that—
added
during the initial months after Virginia was settled, the Rappahannock Indians had 3 encounters with Captain John Smith;
added
the first encounter occurred when the Rappahannock weroance (headman)—
added
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
added
determined that Smith was too short to be that great man;
added
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;
added
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;
added
in the settlement, Smith had the 2 Indian tribes meet on the spot of their first fight;
added
when it was established that both groups wanted peace, Smith told the Rappahannock King to select which of the 3 stolen women he wanted;
added
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;
added
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”;
added
in April 1651, the Rappahannocks conveyed a tract of land to an English settler, Colonel Morre Fauntleroy;
added
the deed for the conveyance was signed by Accopatough, weroance of the Rappahannock Indians;
added
in September 1653, Lancaster County signed a treaty with Rappahannock Indians, the terms of which treaty—
added
gave Rappahannocks the rights of Englishmen in the county court; and
added
attempted to make the Rappahannocks more accountable under English law;
added
in September 1653, Lancaster County defined and marked the bounds of its Indian settlements;
added
according to the Lancaster clerk of court, “the tribe called the great Rappahannocks lived on the Rappahannock Creek just across the river above Tappahannock”;
added
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—
added
mirrored the Lancaster County treaty from 1653; and
added
stated that—
added
Rappahannocks were to be rewarded, in Roanoke, for returning English fugitives; and
added
the English encouraged the Rappahannocks to send their children to live among the English as servants, who the English promised would be well-treated;
added
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”;
added
in 1669, the colony conducted a census of Virginia Indians;
added
as of the date of that census—
added
the majority of the Rappahannocks were residing at their hunting village on the north side of the Mattaponi River; and
added
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;
added
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;
added
in May 1677, the Treaty of Middle Plantation was signed with England;
added
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”;
added
in November 1682, the Virginia Colonial Council established a reservation for the Rappahannock Indians of 3,474 acres “about the town where they dwelt”;
added
the Rappahannock town was the hunting village on the north side of the Mattaponi River, where the Rappahannocks had lived throughout the 1670s;
added
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;
added
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;
added
between 1687 and 1699, the Rappahannocks migrated out of Nanzatico, returning to the south side of the Rappahannock River at Portobacco Indian Town;
added
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;
added
during the 1760s, 3 Rappahannock girls were raised on Thomas Nelson’s Bleak Hill Plantation in King William County;
added
of those girls—
added
one married a Saunders man;
added
one married a Johnson man; and
added
one had 2 children, Edmund and Carter Nelson, fathered by Thomas Cary Nelson;
added
in the 19th century, those Saunders, Johnson, and Nelson families are among the core Rappahannock families from which the modern Tribe traces its descent;
added
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;
added
Edmund Bird was added to the tax roles in 1821;
added
those tax records are significant documentation because the great majority of pre-1864 records for King and Queen County were destroyed by fire;
added
beginning in 1819, and continuing through the 1880s, there was a solid Rappahannock presence in the membership at Upper Essex Baptist Church;
added
that was the first instance of conversion to Christianity by at least some Rappahannock Indians;
added
while twenty-six identifiable and traceable Rappahannock surnames appear on the pre-1863 membership list, and twenty-eight were listed on the 1863 membership roster, the number of surnames listed had declined to twelve in 1878 and had risen only slightly to fourteen by 1888;
added
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;
added
Mastin referred to the Rappahannocks during the period of 1850 to 1870 as “Indians, having a great need for moral and Christian guidance”;
added
St. Stephens was the dominant tribal church until the Rappahannock Indian Baptist Church was established in 1964;
added
at both churches, the core Rappahannock family names of Bird, Clarke, Fortune, Johnson, Nelson, Parker, and Richardson predominate;
added
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;
added
in November 1920, Speck visited the Rappahannocks and assisted them in organizing the fight for their sovereign rights;
added
in 1921, the Rappahannocks were granted a charter from the Commonwealth of Virginia formalizing their tribal government;
added
Speck began a professional relationship with the Tribe that would last more than 30 years and document Rappahannock history and traditions as never before;
added
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;
added
the letter concerned Indian freedom of speech and assembly nationwide;
added
in 1922, the Rappahannocks established a formal school at Lloyds, Essex County, Virginia;
added
prior to establishment of the school, Rappahannock children were taught by a tribal member in Central Point, Caroline County, Virginia;
added
in December 1923, Rappahannock Chief George Nelson testified before Congress appealing for a $50,000 appropriation to establish an Indian school in Virginia;
added
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;
added
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;
added
in February 1930, Truesdell replied to Nelson saying that special instructions were being given about classifying Indians;
added
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;
added
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;
added
the Rappahannocks had spoken with Caroline and Essex County enumerators, and with John M.W. Green at that point, without success;
added
Nelson asked Truesdell to list people as Indians if he sent a list of members;
added
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;
added
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;
added
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;
added
during the Second World War, the Pamunkeys, Mattaponis, Chickahominies, and Rappahannocks had to fight the draft boards with respect to their racial identities;
added
the Virginia Vital Statistics Bureau insisted that certain Indian draftees be inducted into Negro units;
added
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;
added
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;
added
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;
added
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;
added
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;
added
in the late 1940s and early 1950s, the Rappahannocks operated a school at Indian Neck;
added
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;
added
in 1965, Rappahannock students entered Marriott High School (a White public school) by executive order of the Governor of Virginia;
added
in 1972, the Rappahannocks worked with the Coalition of Eastern Native Americans to fight for Federal recognition;
added
in 1979, the Coalition established a pottery and artisans company, operating with other Virginia tribes;
added
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
added
in 1983, the Rappahannocks received State recognition as an Indian tribe.
Sec. 242 Definitions
addedadded In this subtitle:
added
Secretary— The term Secretary means the Secretary of the Interior.
added
Tribal member— The term tribal member means—
added
an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and
added
an individual who has been placed on the membership rolls of the Tribe in accordance with this subtitle.
added
Tribe—
added
In general— The term Tribe means the organization possessing the legal name Rappahannock Tribe, Inc.
added
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. 243 Federal recognition
added
added
Federal Recognition—
added
In general— Federal recognition is extended to the Tribe.
added
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 subtitle shall be applicable to the Tribe and tribal members.
added
Federal Services and Benefits—
added
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.
added
Service area— For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area comprised of King and Queen County, Caroline County, Essex County, and King William County, Virginia.
Sec. 244 Membership; governing documents
addedadded 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. 245 Governing body
addedadded The governing body of the Tribe shall be—
added
the governing body of the Tribe in place as of the date of enactment of this Act; or
added
any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.
Sec. 246 Reservation of the Tribe
added
added
In general— Upon the request of the Tribe, the Secretary of the Interior—
added
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
added
may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of King and Queen County, Richmond County, Lancaster County, King George County, Essex County, Caroline County, New Kent County, King William County, and James City County, Virginia.
added
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.
added
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.
added
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. 247 Hunting, fishing, trapping, gathering, and water rights
addedadded Nothing in this subtitle expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
Sec. 251 Findings
addedadded Congress finds that—
added
in 1677, the Monacan Tribe signed the Treaty of Middle Plantation between Charles II of England and 12 Indian “Kings and Chief Men”;
added
in 1722, in the Treaty of Albany, Governor Spotswood negotiated to save the Virginia Indians from extinction at the hands of the Iroquois;
added
specifically mentioned in the negotiations were the Monacan tribes of the Totero (Tutelo), Saponi, Ocheneeches (Occaneechi), Stengenocks, and Meipontskys;
added
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;
added
in 1782, tax records also began for those families;
added
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;
added
in 1870, a log structure was built at the Bear Mountain Indian Mission;
added
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;
added
in 1920, 304 Amherst Indians were identified in the United States census;
added
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;
added
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;
added
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;
added
that letter was forwarded to the Department of the Interior, Office of Indian Affairs, Chicago, Illinois;
added
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”;
added
in 1979, a Federal Coalition of Eastern Native Americans established the entity known as “Monacan Co-operative Pottery” at the Amherst Mission;
added
some important pieces were produced at Monacan Co-operative Pottery, including a piece that was sold to the Smithsonian Institution;
added
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;
added
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
added
in 1993, the Monacan Tribe received tax-exempt status as a nonprofit corporation from the Internal Revenue Service.
Sec. 252 Definitions
addedadded In this subtitle:
added
Secretary— The term Secretary means the Secretary of the Interior.
added
Tribal member— The term tribal member means—
added
an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and
added
an individual who has been placed on the membership rolls of the Tribe in accordance with this subtitle.
added
Tribe— The term Tribe means the Monacan Indian Nation.
Sec. 253 Federal recognition
added
added
Federal Recognition—
added
In general— Federal recognition is extended to the Tribe.
added
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 subtitle shall be applicable to the Tribe and tribal members.
added
Federal Services and Benefits—
added
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.
added
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. 254 Membership; governing documents
addedadded 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. 255 Governing body
addedadded The governing body of the Tribe shall be—
added
the governing body of the Tribe in place as of the date of enactment of this Act; or
added
any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.
Sec. 256 Reservation of the Tribe
added
added
In general— Upon the request of the Tribe, the Secretary of the Interior—
added
shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of Amherst County, Virginia; and
added
may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of Amherst County, Virginia, and those parcels in Rockbridge County, Virginia (subject to the consent of the local unit of government), owned by Mr. J. Poole, described as East 731 Sandbridge (encompassing approximately 4.74 acres) and East 731 (encompassing approximately 5.12 acres).
added
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.
added
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.
added
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. 257 Hunting, fishing, trapping, gathering, and water rights
addedadded Nothing in this subtitle expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
Sec. 261 Findings
addedadded Congress finds that—
added
from 1607 until 1646, Nansemond Indians—
added
lived approximately 30 miles from Jamestown; and
added
were significantly involved in English-Indian affairs;
added
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;
added
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;
added
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;
added
in 1669, the 2 Nansemond sections appeared in Virginia Colony’s census of Indian bowmen;
added
in 1677, Nansemond Indians were signatories to the Treaty of 1677 with the King of England;
added
in 1700 and 1704, the Nansemonds and other Virginia Indian tribes were prevented by Virginia Colony from making a separate peace with the Iroquois;
added
Virginia represented those Indian tribes in the final Treaty of Albany, 1722;
added
in 1711, a Nansemond boy attended the Indian School at the College of William and Mary;
added
in 1727, Norfolk County granted William Bass and his kinsmen the “Indian privileges” of clearing swamp land and bearing arms (which privileges were forbidden to other non-Whites) because of their Nansemond ancestry, which meant that Bass and his kinsmen were original inhabitants of that land;
added
in 1742, Norfolk County issued a certificate of Nansemond descent to William Bass;
added
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;
added
the last surviving members of that section sold out in 1792 with the permission of the Commonwealth of Virginia;
added
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;
added
in 1833, Virginia enacted a law enabling people of European and Indian descent to obtain a special certificate of ancestry;
added
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;
added
a Methodist mission established around 1850 for Nansemonds is currently a standard Methodist congregation with Nansemond members;
added
in 1901, Smithsonian anthropologist James Mooney—
added
visited the Nansemonds; and
added
completed a tribal census that counted 61 households and was later published;
added
in 1922, Nansemonds were given a special Indian school in the segregated school system of Norfolk County;
added
the school survived only a few years;
added
in 1928, University of Pennsylvania anthropologist Frank Speck published a book on modern Virginia Indians that included a section on the Nansemonds; and
added
the Nansemonds were organized formally, with elected officers, in 1984, and later applied for and received State recognition.
Sec. 262 Definitions
addedadded In this subtitle:
added
Secretary— The term Secretary means the Secretary of the Interior.
added
Tribal member— The term tribal member means—
added
an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and
added
an individual who has been placed on the membership rolls of the Tribe in accordance with this subtitle.
added
Tribe— The term Tribe means the Nansemond Indian Tribe.
Sec. 263 Federal recognition
added
added
Federal Recognition—
added
In general— Federal recognition is extended to the Tribe.
added
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 subtitle shall be applicable to the Tribe and tribal members.
added
Federal Services and Benefits—
added
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.
added
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. 264 Membership; governing documents
addedadded 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. 265 Governing body
addedadded The governing body of the Tribe shall be—
added
the governing body of the Tribe in place as of the date of enactment of this Act; or
added
any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.
Sec. 266 Reservation of the Tribe
added
added
In general— Upon the request of the Tribe, the Secretary of the Interior—
added
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
added
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.
added
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.
added
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.
added
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. 267 Hunting, fishing, trapping, gathering, and water rights
addedadded Nothing in this subtitle expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
Sec. 301 Short title
addedadded This title may be cited as the “Little Shell Tribe of Chippewa Indians Restoration Act of 2016”.
Sec. 302 Findings
addedadded Congress finds that—
added
the Little Shell Tribe of Chippewa Indians is a political successor to signatories of the Pembina Treaty of 1863, under which a large area of land in the State of North Dakota was ceded to the United States;
added
the Turtle Mountain Band of Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky Boy’s Reservation of Montana, which also are political successors to the signatories of the Pembina Treaty of 1863, have been recognized by the Federal Government as distinct Indian tribes;
added
the members of the Little Shell Tribe continue to live in the State of Montana, as their ancestors have for more than 100 years since ceding land in the State of North Dakota as described in paragraph (1);
added
in the 1930s and 1940s, the Tribe repeatedly petitioned the Federal Government for reorganization under the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the “Indian Reorganization Act”);
added
Federal agents who visited the Tribe and Commissioner of Indian Affairs John Collier attested to the responsibility of the Federal Government for the Tribe and members of the Tribe, concluding that members of the Tribe are eligible for, and should be provided with, trust land, making the Tribe eligible for reorganization under the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the “Indian Reorganization Act”);
added
due to a lack of Federal appropriations during the Depression, the Bureau of Indian Affairs lacked adequate financial resources to purchase land for the Tribe, and the members of the Tribe were denied the opportunity to reorganize;
added
in spite of the failure of the Federal Government to appropriate adequate funding to secure land for the Tribe as required for reorganization under the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the “Indian Reorganization Act”), the Tribe continued to exist as a separate community, with leaders exhibiting clear political authority;
added
the Tribe, together with the Turtle Mountain Band of Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky Boy’s Reservation of Montana, filed 2 lawsuits under the Act of August 13, 1946 (60 Stat. 1049) (commonly known as the “Indian Claims Commission Act”), to petition for additional compensation for land ceded to the United States under the Pembina Treaty of 1863 and the McCumber Agreement of 1892;
added
in 1971 and 1982, pursuant to Acts of Congress, the tribes received awards for the claims described in paragraph (8);
added
in 1978, the Tribe submitted to the Bureau of Indian Affairs a petition for Federal recognition, which is still pending as of the date of enactment of this Act; and
added
the Federal Government, the State of Montana, and the other federally recognized Indian tribes of the State have had continuous dealings with the recognized political leaders of the Tribe since the 1930s.
Sec. 303 Definitions
addedadded In this title:
added
Member— The term member means an individual who is enrolled in the Tribe pursuant to section 307.
added
Secretary— The term Secretary means the Secretary of the Interior.
added
Tribe— The term Tribe means the Little Shell Tribe of Chippewa Indians of Montana.
Sec. 304 Federal recognition
added
added
In general— Federal recognition is extended to the Tribe.
added
Effect of Federal laws— Except as otherwise provided in this title, all Federal laws (including regulations) of general application to Indians and Indian tribes, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the “Indian Reorganization Act”), shall apply to the Tribe and members.
Sec. 305 Federal services and benefits
added
added
In general— Beginning on the date of enactment of this Act, the Tribe and each member shall be eligible for all services and benefits provided by the United States to Indians and federally recognized Indian tribes, without regard to—
added
the existence of a reservation for the Tribe; or
added
the location of the residence of any member on or near an Indian reservation.
added
Service area— For purposes of the delivery of services and benefits to members, the service area of the Tribe shall be considered to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties in the State of Montana.
Sec. 306 Reaffirmation of rights
added
added
In general— Nothing in this title diminishes any right or privilege of the Tribe or any member that existed before the date of enactment of this Act.
added
Claims of Tribe— Except as otherwise provided in this title, nothing in this title alters or affects any legal or equitable claim of the Tribe to enforce any right or privilege reserved by, or granted to, the Tribe that was wrongfully denied to, or taken from, the Tribe before the date of enactment of this Act.
Sec. 307 Membership roll
added
added
In general— As a condition of receiving recognition, services, and benefits pursuant to this title, the Tribe shall submit to the Secretary, by not later than 18 months after the date of enactment of this Act, a membership roll consisting of the name of each individual enrolled as a member of the Tribe.
added
Determination of membership— The qualifications for inclusion on the membership roll of the Tribe shall be determined in accordance with sections 1 through 3 of article 5 of the constitution of the Tribe dated September 10, 1977 (including amendments to the constitution).
added
Maintenance of roll— The Tribe shall maintain the membership roll under this section.
Sec. 308 Transfer of land
added
added
Homeland— The Secretary shall acquire, for the benefit of the Tribe, trust title to 200 acres of land within the service area of the Tribe to be used for a tribal land base.
added
Additional land— The Secretary may acquire additional land for the benefit of the Tribe pursuant to section 5 of the Act of June 18, 1934 (25 U.S.C. 465) (commonly known as the “Indian Reorganization Act”).