US Codex
Pub. L.
Notes

Title V — Monacan Indian Nation

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

TITLE V Monacan Indian Nation

SEC. 501. Findings.

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

SEC. 502. Definitions.

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

SEC. 503. Federal Recognition.

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

SEC. 504. Membership; Governing Documents.

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

SEC. 505. Governing Body.

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

SEC. 506. Reservation of the Tribe.

(a)
In General.— Upon the request of the Tribe, the Secretary of the Interior—
(1)
shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of Amherst 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 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).
(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. 507. Hunting, Fishing, Trapping, Gathering, and Water Rights.

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