US Codex
Pub. L.
Notes

Title II — Chickahominy Indian Tribe—eastern Division

115th Congress · Approved Jan 29, 2018 · 132 Stat. 40

TITLE II Chickahominy Indian Tribe—eastern Division

SEC. 201. Findings.

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

SEC. 202. Definitions.

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

SEC. 203. Federal Recognition.

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

SEC. 204. Membership; Governing Documents.

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

SEC. 205. Governing Body.

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

SEC. 206. Reservation of the Tribe.

(a)
In General.— Upon the request of the Tribe, the Secretary of the Interior—
(1)
shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of New Kent County, James City County, Charles City County, or Henrico County, Virginia; and
(2)
may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of New Kent County, James City County, Charles City County, or Henrico County, Virginia.
(b)
Deadline for Determination.— The Secretary shall make a final written determination not later than 3 years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe.
(c)
Reservation Status.— Any land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe.
(d)
Gaming.— The Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission.

SEC. 207. Hunting, Fishing, Trapping, Gathering, and Water Rights.

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