Sets forth the service areas of the various Tribes and requirements for the Tribes with respect to submission of a membership roll, adoption of a constitution, and election of officials.
Requires the Secretary of the Interior, upon certain land transfers, to take specified lands into trust for the various Tribes' benefit.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2694 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2694
To extend Federal recognition to the Chickahominy Tribe, the
Chickahominy Indian Tribe--Eastern Division, the Upper Mattaponi Tribe,
the Rappahannock Tribe, Inc., the Monacan Tribe, and the Nansemond
Tribe.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 27, 2002
Mr. Allen (for himself and Mr. Warner) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To extend Federal recognition to the Chickahominy Tribe, the
Chickahominy Indian Tribe--Eastern Division, the Upper Mattaponi Tribe,
the Rappahannock Tribe, Inc., the Monacan Tribe, and the Nansemond
Tribe.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thomasina E. Jordan Indian Tribes of
Virginia Federal Recognition Act of 2002''.
TITLE I--CHICKAHOMINY INDIAN TRIBE
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) In 1607, when the English settlers set shore along the
Virginia coastline, the Chickahominy Indian Tribe was 1 of
about 30 tribes who received them.
(2) In 1614, the Chickahominy Indian Tribe entered into a
treaty with Sir Thomas Dale, Governor of the Jamestown Colony,
agreeing to provide 2 bushels of corn per man and send warriors
to protect the English. Sir Thomas Dale agreed in return to
allow the tribe to continue to practice their 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 pushed off their
reservation, which caused the loss of a land base.
(6) In 1723, the College of William and Mary in
Williamsburg established a grammar school for Indians called
Brafferton College. A Chickahominy child was one of the first
Indians to attend.
(7) In 1750, the Chickahominy Indian Tribe started to
migrate from King William County back to the area around the
Chickahominy River in New Kent and Charles City Counties.
(8) In 1793, a Baptist missionary named Bradby took refuge
with the Chickahominy and took a Chickahominy woman as his
wife.
(9) In 1831, the names of the ancestors of the modern-day
Chickahominy Indian Tribe began to appear in the Charles City
County census records.
(10) In 1901, the Chickahominy Indian Tribe formed Samaria
Baptist Church.
(11) From 1901 to 1935, Chickahominy men were assessed a
tribal tax so that their children could receive an education.
The Tribe used the proceeds from this tax to build the first
Samaria Indian School, buy supplies, and pay a teacher's
salary.
(12) 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.
(13) During 1920-1930, various Governors of the
Commonwealth of Virginia wrote letters of introduction for
Chickahominy Chiefs who had official business with Government
agencies in Washington, D.C.
(14) In 1934, Chickahominy Chief O.W. 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.
(15) In 1934, John Collier, Commissioner of Indian Affairs,
wrote to Chickahominy Chief O.W. Adkins, informing him that
Congress had passed the Indian Reorganization Act of 1934, but
had not made the appropriation to fund the bill.
(16) In 1942, Chickahominy Chief O.W. Adkins wrote to John
Collier, Commissioner of Indian Affairs, asking for help in
getting the proper racial designation on Selective Service
records for the Chickahominy soldiers.
(17) In 1943, John Collier, Commissioner of Indian Affairs,
asked Douglas S. Freeman, editor of the Richmond (Virginia)
News-Leader newspaper, to help Virginia Indians obtain proper
racial designation on birth records. Collier states that his
office cannot officially intervene because it has no
responsibility for the Virginia Indians, ``as a matter largely
of historical accident'', but is ``interested in them as
descendants of the original inhabitants of the region''.
(18) In 1948, the Veterans' Education Committee of the
Virginia State Board of Education approved Samaria Indian
School to provide training to veterans. This school was the one
established and run by the Chickahominy Indian Tribe.
(19) In 1950, the Chickahominy Indian Tribe purchased land
and donated it to the Charles City County School Board, to be
used to build a modern school for students of the Chickahominy
and other Virginia tribes. The Samaria Indian School included
grades 1 through 8.
(20) In 1961, Senator Sam Ervin, Chairman of the
Subcommittee on Constitutional Rights, Senate Committee on the
Judiciary, requested Chickahominy Chief O.W. Adkins to provide
assistance in analyzing the status of the constitutional rights
of Indians ``in your area''.
(21) In 1967, the Charles City County school board closed
Samaria Indian School and converted it to a countywide primary
school as a step toward full school integration.
(22) In 1972, the Charles City County school board began
receiving funds under title IV of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.) on behalf
of Chickahominy students. This continues today under title V of
that Act.
(23) In 1974, the Chickahominy Indian Tribe bought land and
built a tribal center using monthly pledges from tribal members
to finance the transactions.
(24) In 1983, the Chickahominy Indian Tribe was granted
recognition as an Indian tribe by the Commonwealth of Virginia,
along with 5 other tribes.
(25) In 1985, Virginia Governor Gerald Baliles was the
special guest at an intertribal Thanksgiving Day dinner hosted
by the Chickahominy Indian Tribe.
SEC. 102. DEFINITIONS.
For the purposes of this title--
(1) the term ``Tribe'' means the Chickahominy Indian Tribe;
(2) the term ``Secretary'' means the Secretary of the
Interior; and
(3) the term ``member'' means an enrolled member of the
Tribe, as of the date of the enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance with this Act.
SEC. 103. FEDERAL RECOGNITION.
(a) Federal Recognition.--Federal recognition is hereby extended to
the Tribe. All laws and regulations of the United States of general
application to Indians or nations, tribes, or bands of Indians,
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are
not inconsistent with any specific provision of this Act, shall be
applicable to the Tribe and its members.
(b) Federal Services and Benefits.--
(1) In general.--The Tribe and its members shall be
eligible, on and after the date of the enactment of this Act,
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 or the location
of the residence of any member on or near any Indian
reservation.
(2) Service area.--For purposes of the delivery of Federal
services to enrolled members of the Tribe, the Tribe's service
area shall be deemed to be the area comprised of Charles City
County, Virginia.
SEC. 104. MEMBERSHIP.
Not later than 18 months after the date of the enactment of this
Act, the Tribe shall submit to the Secretary a membership roll
consisting of all individuals currently enrolled for membership in the
Tribe. The qualifications for inclusion on the membership roll of the
Tribe shall be determined by the membership clauses in the Tribe's
governing document, in consultation with the Secretary. Upon completion
of the roll, the Secretary shall immediately publish notice of such in
the Federal Register. The Tribe shall ensure that such roll is
maintained and kept current.
SEC. 105. CONSTITUTION AND GOVERNING BODY.
(a) Constitution.--
(1) Adoption.--Not later than 24 months after the date of
the enactment of this Act, the Tribe shall conduct, by secret
ballot, an election to adopt a constitution and bylaws for the
Tribe.
(2) Interim governing documents.--Until such time as a new
constitution is adopted under paragraph (1), the governing
documents in effect on the date of enactment of this Act shall
be the interim governing documents for the Tribe.
(b) Officials.--
(1) Election.--Not later than 6 months after the Tribe
adopts a constitution and bylaws pursuant to subsection (a),
the Tribe shall conduct elections by secret ballot for the
purpose of electing officials for the Tribe as provided in the
constitution and bylaws.
(2) Interim government.--Until such time as the Tribe
elects new officials pursuant to paragraph (1), the governing
body of the Tribe shall be the governing body in place on the
date of the enactment of this Act, or any new governing body
selected under the election procedures specified in the interim
governing documents of the Tribe.
SEC. 106. RESERVATION OF THE TRIBE.
(a) In General.--Notwithstanding any other provision of law, if,
not later than 25 years after the date of the enactment of this Act,
the Tribe transfers land within the boundaries of the Virginia counties
of Charles City, James City, or Henrico, to the Secretary, the
Secretary shall take such land into trust for the benefit of the Tribe.
(b) Construction.--Nothing in this section shall be construed to
satisfy the terms for an exception under section 20(b)(1)(B) of the
Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)) to the
prohibition on gaming on lands acquired by the Secretary in trust for
the benefit of an Indian tribe after October 17, 1988, under section
20(a) of such Act (25 U.S.C. 2719(a)).
SEC. 107. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.
Nothing in this Act shall expand, reduce, or affect in any manner
any hunting, fishing, trapping, gathering, or water rights of the Tribe
and its members.
TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION
SEC. 201. FINDINGS.
Congress makes the following findings:
(1) In 1607, when the English settlers set shore along the
Virginia coastline, the Chickahominy were one of about 30
tribes who received them.
(2) In 1614, the Chickahominy Indian Tribe signed a treaty
with Sir Thomas Dale, Governor of the Jamestown Colony,
agreeing to provide 2 bushels of corn per man and send warriors
to protect the English. Sir Thomas Dale agreed in return to
allow the Tribe to continue to practice their 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 pushed off their
reservation, which caused the loss of a land base.
(6) In 1723, the College of William and Mary in
Williamsburg established a grammar school for Indians called
Brafferton College. A Chickahominy child was one of the first
Indians to attend.
(7) In 1750, the Chickahominy Indian Tribe started to
migrate from King William County back to the area around the
Chickahominy River in New Kent and Charles City Counties.
(8) In 1793, A Baptist missionary named Bradby took refuge
with the Chickahominy and took a Chickahominy woman as his
wife.
(9) In 1831, the names of the ancestors of the modern-day
Chickahominy Indian Tribe began to appear in the Charles City
County census records.
(10) In 1870, a census showed an enclave of Indians in New
Kent County which is believed to be the beginning of the
Chickahominy Indian Tribe-Eastern Division. Records were
destroyed when the New Kent County courthouse was burned. A
State census was the only record at this time.
(11) In 1901, the Chickahominy's formed Samaria Baptist
Church. During the first few decades of the 20th century,
Chickahominy men were assessed a tribal tax so that their
children could receive an education. The Tribe used the
proceeds from this tax to build the first Samaria Indian
School, buy supplies, and pay a teacher's salary.
(12) In 1910, a school was started in New Kent County for
the Chickahominy Indian Tribe-Eastern Division. Grades 1
through 8 were taught in this 1-room school.
(13) In 1920-1921, the Chickahominy Indian Tribe-Eastern
Division began forming their own tribal government. E.P. Bradby
was the founder of the Tribe and was elected to be Chief.
(14) In 1922, Tsena Commocko Baptist Church was organized.
(15) In 1925, a certificate of incorporation was issued to
the Chickahominy Indian Tribe-Eastern Division.
(16) In 1950, the Indian school was closed and students
were bused to Samaria Indian School in Charles City County.
(17) In 1967, both Chickahominy tribes lost their school to
integration.
(18) In 1982-1984, Tsena Commocko Baptist built a new
sanctuary to accommodate church growth.
(19) In 1983, the Chickahominy Indian Tribe-Eastern
Division was granted State recognition along with 5 other
Virginia Indian tribes.
(20) In 1985, the Virginia Council on Indians was organized
as a State agency and the Chickahominy Indian Tribe-Eastern
Division was appointed to a seat on the Council.
(21) In 1988, a nonprofit organization known as the United
Indians of Virginia was formed. Chief Marvin ``Strongoak''
Bradby of the Eastern Band of the Chickahominy presently chairs
the organization.
SEC. 202. DEFINITIONS.
For the purposes of this title--
(1) the term ``Tribe'' means the Chickahominy Indian
Tribe--Eastern Division;
(2) the term ``Secretary'' means the Secretary of the
Interior; and
(3) the term ``member'' means an enrolled member of the
Tribe, as of the date of the enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance with this Act.
SEC. 203. FEDERAL RECOGNITION.
(a) Federal Recognition.--Federal recognition is hereby extended to
the Tribe. All laws and regulations of the United States of general
application to Indians or nations, tribes, or bands of Indians,
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are
not inconsistent with any specific provision of this Act, shall be
applicable to the Tribe and its members.
(b) Federal Services and Benefits.--
(1) In general.--The Tribe and its members shall be
eligible, on and after the date of the enactment of this Act,
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 or the location
of the residence of any member on or near any Indian
reservation.
(2) Service area.--For purposes of the delivery of Federal
services to enrolled members of the Tribe, the Tribe's service
area shall be deemed to be the area comprised of New Kent
County, Virginia.
SEC. 204. MEMBERSHIP.
Not later than 18 months after the date of the enactment of this
Act, the Tribe shall submit to the Secretary a membership roll
consisting of all individuals currently enrolled for membership in the
Tribe. The qualifications for inclusion on the membership roll of the
Tribe shall be determined by the membership clauses in the Tribe's
governing document, in consultation with the Secretary. Upon completion
of the roll, the Secretary shall immediately publish notice of such in
the Federal Register. The Tribe shall ensure that such roll is
maintained and kept current.
SEC. 205. CONSTITUTION AND GOVERNING BODY.
(a) Constitution.--
(1) Adoption.--Not later than 24 months after the date of
the enactment of this Act, the Tribe shall conduct, by secret
ballot, an election to adopt a constitution and bylaws for the
Tribe.
(2) Interim governing documents.--Until such time as a new
constitution is adopted under paragraph (1), the governing
documents in effect on the date of enactment of this Act shall be the
interim governing documents for the Tribe.
(b) Officials.--
(1) Election.--Not later than 6 months after the Tribe
adopts a constitution and bylaws pursuant to subsection (a),
the Tribe shall conduct elections by secret ballot for the
purpose of electing officials for the Tribe as provided in the
constitution and bylaws.
(2) Interim government.--Until such time as the Tribe
elects new officials pursuant to paragraph (1), the governing
body of the Tribe shall be the governing body in place on the
date of the enactment of this Act, or any new governing body
selected under the election procedures specified in the interim
governing documents of the Tribe.
SEC. 206. RESERVATION OF THE TRIBE.
(a) In General.--Notwithstanding any other provision of law, if,
not later than 25 years after the date of the enactment of this Act,
the Tribe transfers any land within the boundaries of New Kent County,
James City County, or Henrico County, Virginia, to the Secretary, the
Secretary shall take such land into trust for the benefit of the Tribe.
(b) Construction.--Nothing in this section shall be construed to
satisfy the terms for an exception under section 20(b)(1)(B) of the
Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)) to the
prohibition on gaming on lands acquired by the Secretary in trust for
the benefit of an Indian tribe after October 17, 1988, under section
20(a) of such Act (25 U.S.C. 2719(a)).
SEC. 207. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.
Nothing in this Act shall expand, reduce, or affect in any manner
any hunting, fishing, trapping, gathering, or water rights of the Tribe
and its members.
TITLE III--UPPER MATTAPONI TRIBE
SEC. 301. FINDINGS.
Congress makes the following findings:
(1) From 1607 until 1646, the Chickahominies lived about 20
miles from Jamestown; were major players in English-Indian
affairs in those years. Mattaponis, who joined them later,
lived farther away. In 1646, the Chickahominies moved to
Mattaponi River basin, away from the English.
(2) In 1661, the Chickahominies sold land at ``the cliffs''
on the Mattaponi River.
(3) In 1669, the Chickahominies appeared in the Virginia
Colony's census of Indian bowmen; lived then in ``New Kent''
County, which included the Mattaponi River basin at that time.
(4) In 1677, the Chickahominies and Mattaponis were
subjects of the Queen of Pamunkey, who was a signatory to the
Treaty of 1677 with the King of England.
(5) In 1683, the Mattaponi town was attacked by Senecas;
the Mattaponis took refuge with the Chickahominies, and the
history of the 2 groups was intertwined for many years
thereafter.
(6) In 1695, the Chickahominies/Mattaponis were assigned a
reservation by the Virginia Colony and traded it for land at
``the cliffs'' they had owned before 1661 (now the Mattaponi
Indian Reservation).
(7) In 1711, the Chickahominies had a boy at the Indian
School at the College of William and Mary.
(8) In 1726, the Virginia Colony discontinued funding of
interpreters for the tribes. James Adams, who served as an
interpreter to the tribes know today as the Upper Mattaponi and
Chickahominy, elected to stay with the Upper Mattaponi. Today,
a majority of the Upper Mattaponi have ``Adams'' as their
surname.
(9) In 1787, Thomas Jefferson, in Notes on the Commonwealth
of Virginia, mentioned Mattaponis on reservation in King
William County and said Chickahominies were ``blended'' with
them and nearby Pamunkeys.
(10) In 1850, the United States census showed a nucleus of
about 10 families, all ancestral to modern Upper Mattaponis,
living in central King William County about 10 miles from the
reservation.
(11) From 1853 until 1884, King William County marriage
records listed Upper Mattaponis as ``Indian'' when marrying
reservation people.
(12) From 1884 until the present, county marriage records
usually call Upper Mattaponis ``Indians''.
(13) In 1901, Smithsonian anthropologist James Mooney heard
about the Upper Mattaponis but did not visit them.
(14) In 1928, University of Pennsylvania anthropologist
Frank Speck published a book on modern Virginia Indians with a
section on the Upper Mattaponis.
(15) From 1929 to 1930, the Tribe's leadership fought
against a ``colored'' designation in the 1930 United States
Census, and won a compromise in which their Indian ancestry was
recorded but questioned.
(16) From 1942 until 1945, the Tribe's leadership, with the
help of Frank Speck and others, fought against the Tribe's
young men being inducted into ``colored'' units in the Armed
Forces. A tribal roll was compiled.
(17) From 1945 to 1946, negotiations to get some of the
Tribe's young people admitted to high schools for Federal
Indians (especially at Cherokee); no high school coursework was
available for Indians in Virginia schools.
(18) In 1983, the Upper Mattaponi Tribe applied for and won
State recognition.
SEC. 302. DEFINITIONS.
For the purposes of this title--
(1) the term ``Tribe'' means the Upper Mattaponi Tribe;
(2) the term ``Secretary'' means the Secretary of the
Interior; and
(3) the term ``member'' means an enrolled member of the
Tribe, as of the date of the enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance with this Act.
SEC. 303. FEDERAL RECOGNITION.
(a) Federal Recognition.--Federal recognition is hereby extended to
the Tribe. All laws and regulations of the United States of general
application to Indians or nations, tribes, or bands of Indians,
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are
not inconsistent with any specific provision of this Act, shall be
applicable to the Tribe and its members.
(b) Federal Services and Benefits.--
(1) In general.--The Tribe and its members shall be
eligible, on and after the date of the enactment of this Act,
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 or the location
of the residence of any member on or near any Indian
reservation.
(2) Service area.--For purposes of the delivery of Federal
services to enrolled members of the Tribe, the Tribe's service
area shall be deemed to be the area comprised of King William,
Richmond, Henrico, Petersburg, Chesterfield, Newport
News, Chesapeake, Hanover, and Hopewell Counties in the Commonwealth of
Virginia.
SEC. 304. MEMBERSHIP.
Not later than 18 months after the date of the enactment of this
Act, the Tribe shall submit to the Secretary a membership roll
consisting of all individuals currently enrolled for membership in the
Tribe. The qualifications for inclusion on the membership roll of the
Tribe shall be determined by the membership clauses in the Tribe's
governing document, in consultation with the Secretary. Upon completion
of the roll, the Secretary shall immediately publish notice of such in
the Federal Register. The Tribe shall ensure that such roll is
maintained and kept current.
SEC. 305. CONSTITUTION AND GOVERNING BODY.
(a) Constitution.--
(1) Adoption.--Not later than 24 months after the date of
the enactment of this Act, the Tribe shall conduct, by secret
ballot, an election to adopt a constitution and bylaws for the
Tribe.
(2) Interim governing documents.--Until such time as a new
constitution is adopted under paragraph (1), the governing
documents in effect on the date of enactment of this Act shall
be the interim governing documents for the Tribe.
(b) Officials.--
(1) Election.--Not later than 6 months after the Tribe
adopts a constitution and bylaws pursuant to subsection (a),
the Tribe shall conduct elections by secret ballot for the
purpose of electing officials for the Tribe as provided in the
constitution and bylaws.
(2) Interim government.--Until such time as the Tribe
elects new officials pursuant to paragraph (1), the governing
body of the Tribe shall be the governing body in place on the
date of the enactment of this Act, or any new governing body
selected under the election procedures specified in the interim
governing documents of the Tribe.
SEC. 306. RESERVATION OF THE TRIBE.
(a) In General.--Notwithstanding any other provision of law, if the
Tribe transfers any land within the boundaries of King William County
to the Secretary, the Secretary shall take such land into trust for the
benefit of the Tribe.
(b) Construction.--Nothing in this section shall be construed to
satisfy the terms for an exception under section 20(b)(1)(B) of the
Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)) to the
prohibition on gaming on lands acquired by the Secretary in trust for
the benefit of an Indian tribe after October 17, 1988, under section
20(a) of such Act (25 U.S.C. 2719(a)).
SEC. 307. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.
Nothing in this Act shall expand, reduce, or affect in any manner
any hunting, fishing, trapping, gathering, or water rights of the Tribe
and its members.
TITLE IV--RAPPAHANNOCK TRIBE
SEC. 401. FINDINGS.
Congress makes the following findings:
(1) During the initial months after Virginia was settled,
the Rappahannocks had 3 encounters with Captain John Smith. The
first occurred when the Rappahannock weroance (headman)
traveled to Quiyocohannock (a principal town across the James
River from Jamestown) where he met with the Englishman to
determine if Smith had been the ``great man'' who had
previously sailed into the Rappahannock River, killed a
Rappahannock weroance, and kidnaped Rappahannock people. He
determined that Smith was too short to be that ``great man''.
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.'' A third meeting took place during
Smith's exploration of the Chesapeake Bay (July to September
1608), when Smith was prevailed upon to make peace between the
Rappahannock and the Moraughtacund Indians. The Moraughtacunds
had stolen 3 women from the Rappahannock King. In the
settlement, Smith had the 2 tribes meet on the spot of their
first fight. When it was established that both sides wanted
peace, Smith told the Rappahannock King to select which of the
3 women he wanted; the Moraughtacund King got second choice;
Mosco, a Wighcocomoco (on the Potomac River) guide, was given
the third woman.
(2) In 1645, Captain William Claiborne tried unsuccessfully
to establish treaty relations with the Rappahannocks. 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
Pamukeys''.
(3) In April 1651, the Rappahannocks conveyed their first
tract of land to an English settler, Colonel Morre Fauntleroy.
The deed was signed by Accopatough, weroance of the
Rappahannock Indians.
(4) In September 1653, Lancaster County signed a treaty
with Rappahannock Indians. The terms of the treaty gave
Rappahannocks the rights of Englishmen in the county court, and
it tried to make the Rappahannocks more accountable to English
law.
(5) In September 1653, Lancaster County defined and marked
the bounds of its Indian settlements. According to the
Lancaster clerk of court, ``the tribe called the great
Rappahannocks lived on the Rappahannock Creek just across the
river above Tappahannock''.
(6) In September 1656, (Old) Rappahannock County (modern-
day Richmond and Essex Counties) signed a treaty with
Rappahannock Indians. The treaty mirrored the Lancaster County
treaty from 1653 (see above), and added 2 points: Rappahannocks
were to be rewarded, in Roanoke, for returning English
fugitives and the English encouraged the Rappahannocks to send
their children to live among the English as servants, who the
English promised would be well treated.
(7) 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''.
(8) In 1669, the colony conducted a census of Virginia
Indians. At that time, the majority of the Rappahannocks were
residing at their hunting village on the north side of the
Mattaponi River. At the time of the visit, census takers were
counting only the tribes along the rivers. This explains the
low number of 30 Rappahannock bowmen counted on that river. The
Rappahannocks used this hunting village on the north side of
the Mattaponi River as their primary residence until they were
removed in 1684.
(9) In May 1677, the Treaty of Middle Plantation was signed
with England. The Pamunkey Queen Cockacoeske signed on behalf
of the Rappahannocks ``who were supposed to be her
tributaries''. However, 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''.
(10) In November 1682, the Virginia Colonial Council
established a reservation for the Rappahannock Indians of 3,474
acres ``about the town where they dwelt''. The Rappahannocks
``town'' was their hunting village on the north side of the Mattaponi
River, where they had lived throughout the 1670's. The acreage
allotment was based on the 1658 Indian land act (seen above), which
translates into a bowman population of 70, or an approximate total
Rappahannock population of 350.
(11) 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.
(12) Between 1687 and 1699, the Rappahannocks migrated out
of Nanzatico, returning to the south side of the Rappahannock
River at Portobacco Indian Town.
(13) 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 were they settled along the ridgeline between the
Rappahannock and Mattaponi Rivers, the site of their ancient
hunting village and 1682 reservation.
(14) During the 1760's, 3 Rappahannock girls were raised on
Thomas Nelson's ``Bleak Hill'' Plantation in King William
County. One girl married a Saunders man, 1 a Johnson man, and
the third had 2 children, Edmund and Carter Nelson, fathered by
Thomas Cary Nelson. In the 19th century, these Sauders,
Johnson, and Nelson families are among the core Rappahannock
families from which the modern tribe traces its descent.
(15) In 1819 and 1820, Edward Bird, John Bird and his
unnamed wife, Carter Nelson, Edmund Nelson, and Carter Spurlock
(all Rappahannock ancestors) were listed on the tax roles of
King and Queen County. They are taxed at the county poor rate.
Edmund Bird is added to the list in 1821. This is significant
documentation because the overwhelming majority of pre-1864
records for King and Queen County were destroyed by fire.
(16) Beginning in 1819, and continuing through the 1880's,
there was a solid Rappahannock presence in the membership at
Upper Essex Baptist Church. This is the first instance of
conversion to Christianity by at least some Rappahannocks.
Twenty-six identifiable and traceable Rappahannock surnames
appear on the pre-1863 membership list; 28 were listed on the
1863 membership roster; that number had declined to 12 in 1878
and had risen only slightly to 14 by 1888. One reason for the
decline: 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. Mastin documented from 1850 to 1870, ``These Indians,
having a great need for moral and Christian guidance''. St.
Stephens was the dominant tribal church until the Rappahannock
Indian Baptist Church was established in 1964. At both, the
core Rappahannock family names of Bird, Clarke, Fortune,
Johnson, Nelson, Parker, and Richardson predominate.
(17) During the early 1900's, James Mooney, noted
anthropologist, maintained correspondence with the
Rappahannocks, surveying them and instructing them on how to
formalize their tribal government.
(18) November 1920, Speck visited the Rappahannocks and
assisted them in organizing the fight for their sovereign
rights. In 1921, the Rappahannocks were granted a charter from
the Commonwealth of Virginia formalizing their tribal
government. Speck began a professional relationship with the
Tribe that would last more than 30 years and document
Rappahannock history and traditions as never done before.
(19) April 1921, Rappahannock Chief George Nelson asked the
Governor of Virginia, Westmoreland Davis, to forward a
proclamation to the President of the United States. A list of
tribal members and a handwritten copy of the proclamation
itself were appended. The letter concerned Indian freedom of
speech and assembly nationwide.
(20) In 1922, the Rappahannocks established a formal school
at Lloyds, Essex County, Virginia. Prior to that time,
Rappahannock children were taught by a tribal member in Central
Point, Caroline County, Virginia.
(21) In December 1923, Rappahannock Chief George Nelson
testified before the United States Congress appealing for a
$50,000 appropriation to establish an Indian school in
Virginia.
(22) 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. In January 1930, Rappahannock Chief Otho S. Nelson
wrote to the Chief Statistician of the United States Census
Bureau asking that the 218 enrolled Rappahannocks be listed as
Indians. In February, Leon Truesdell replied to Nelson saying
that ``special instructions'' were being given about
classifying Indians. That April, Nelson wrote to William M.
Steuart at the Census Bureau asking about the enumerators'
failure to classify his people as Indians. Nelson said that
enumerators had not asked the question about race when they
interviewed his people. In a follow-up letter to Truesdell,
Nelson reported that the enumerators were ``flatly denying''
his people's request to be listed as Indians. Furthermore, the
race question was completely avoided during interviews. The
Rappahannocks had talked with Caroline and Essex County
enumerators, and with John M.W. Green already, without success.
Nelson asked Truesdell to list people as Indian if he sent a
list of members. The matter was settled by William Steuart who
concluded that the Bureau's rule was that people of Indian
descent could only be classified as ``Indian'' if Indian
``blood'' predominated and ``Indian'' identity was accepted in
the local community. 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. Therefore,
in 1925, the Indian Rights Association took on the Rappahannock case to
assist them in fighting for their recognition and rights as an Indian
Tribe.
(23) During the Second World War, the Pamunkeys,
Mattaponis, Chickahominies, and Rappahannocks had to fight the
draft boards about their racial identity. The Virginia Vital
Statistics Bureau insisted that certain Indian draftees be
inducted into Negro units. In the end, 3 Rappahannocks were
convicted of violating the Federal draft laws. After spending
time in a Federal prison, they were granted conscientious
objector status and served out the remainder of the war working
in military hospitals.
(24) 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. The
Rappahannocks were included in this grouping.
(25) In the 1940's, Leon Truesdell, Chief Statistician,
United States Bureau of the Census, listed 118 members in the
Rappahannock tribe in the Indian population of Virginia.
(26) April 25, 1940, the United States Department of the
Interior, Office of Indian Affairs includes the Rappahannocks
in their list of Tribes by State and Agency.
(27) In 1948, the Smithsonian Institution Annual Report
included an article by William Harlen Gilbert entitled,
``Surviving Indian Groups of the Eastern United States''. The
Rappahannock Tribe was included and described in this article.
(28) In the late 1940's and early 1950's, the Rappahannocks
operated a school at Indian Neck. 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. In 1965, Rappahannock students entered Marriott High
School (a white public school) by Executive order of the
Governor of Virginia. In 1972, the Rappahannocks worked with
the Coalition of Eastern Native Americans to fight for Federal
recognition. In 1979, the Coalition established a pottery and
artisans company, operating with other Virginia tribes. In
1980, the Rappahannocks received funding through the
Administration for Native Americans, to develop an economic
program for the Tribe.
(29) In 1983, the Rappahannocks received State recognition.
SEC. 402. DEFINITIONS.
For the purposes of this title--
(1) the term ``Tribe'' means the organization possessing
the legal name Rappahannock Tribe, Inc., only and no other
tribe, subtribe, band, or splinter groups representing
themselves as Rappahannocks;
(2) the term ``Secretary'' means the Secretary of the
Interior; and
(3) the term ``member'' means an enrolled member of the
Tribe, as of the date of the enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance with this Act.
SEC. 403. FEDERAL RECOGNITION.
(a) Federal Recognition.--Federal recognition is hereby extended to
the Tribe, which entitles the Rappahannocks to all sovereign powers and
rights as autonomous Native American Nations. All laws and regulations
of the United States of general application to Indians or nations,
tribges, or bands of Indians, including the Act of June 18, 1934 (25
U.S.C. 461 et seq.) which are not inconsistent with any specific
provision of this Act, shall be applicable to the Tribe and its
members.
(b) Federal Services and Benefits.--
(1) In general.--The Tribe and its members shall be
eligible, on and after the date of the enactment of this Act,
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 or the location
of the residence of any member on or near any Indian
reservation.
(2) Service area.--For purposes of the delivery of Federal
services to enrolled members of the Tribe, the Tribe's service
area shall be deemed to be the area comprised of King and
Queen, Caroline, and Essex Counties, Virginia.
SEC. 404. MEMBERSHIP.
Not later than 18 months after the date of the enactment of this
Act, the Tribe shall submit to the Secretary a membership roll
consisting of all individuals currently enrolled for membership in the
Tribe. The qualifications for inclusion on the membership roll of the
Tribe shall be determined by the membership clauses in the Tribe's
governing document, in consultation with the Secretary. Upon completion
of the roll, the Secretary shall immediately publish notice of such in
the Federal Register. The Tribe shall ensure that such roll is
maintained and kept current.
SEC. 405. CONSTITUTION AND GOVERNING BODY.
(a) Constitution.--
(1) Adoption.--Not later than 24 months after the date of
the enactment of this Act, the Tribe shall conduct, by secret
ballot, an election to adopt a constitution and bylaws for the
Tribe.
(2) Interim governing documents.--Until such time as a new
constitution is adopted under paragraph (1), the governing
documents in effect on the date of enactment of this Act shall
be the interim governing documents for the Tribe.
(b) Officials.--
(1) Election.--Not later than 6 months after the Tribe
adopts a constitution and bylaws pursuant to subsection (a),
the Tribe shall conduct elections by secret ballot for the
purpose of electing officials for the Tribe as provided in the
constitution and bylaws.
(2) Interim government.--Until such time as the Tribe
elects new officials pursuant to paragraph (1), the governing
body of the Tribe shall be the governing body in place on the
date of the enactment of this Act, or any new governing body
selected under the election procedures specified in the interim
governing documents of the Tribe.
SEC. 406. RESERVATION OF THE TRIBE.
(a) In General.--Notwithstanding any other provision of law, if the
Tribe transfers the land described in subsection (b) and any other land
within the boundaries of King and Queen County, Essex County, and
Caroline County, Virginia, to the Secretary, the Secretary shall take
such land into trust for the benefit of the Tribe.
(b) Construction.--Nothing in this section shall be construed to
satisfy the terms for an exception under section 20(b)(1)(B) of the
Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)) to the
prohibition on gaming on lands acquired by the Secretary in trust for
the benefit of an Indian tribe after October 17, 1988, under section
20(a) of such Act (25 U.S.C. 2719(a)).
SEC. 407. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.
Nothing in this Act shall expand, reduce, or affect in any manner
any hunting, fishing, trapping, gathering, or water rights of the Tribe
and its members.
TITLE V--MONACAN TRIBE
SEC. 501. FINDINGS.
Congress makes the following findings:
(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. Specifically mentioned are the Monacan
tribes of the Totero (Tutelo), Saponi, Ocheneeches
(Occaneechi), Stengenocks, and Meipontskys.
(3) In 1782, the First National Census records Benjamin
Evans and Robert Johns, both ancestors of the present Monacan
community. They are listed as white with mulatto children. Tax
records also begin for these families.
(4) In 1850, the Census records 29 families, mostly large,
with Monacan surnames, who are genealogically related to the
present community.
(5) In 1870, a log structure at the Bear Mountain Indian
Mission was built. In 1908, this structure became an Episcopal
Mission and is now listed as a National Historic Landmark.
(6) In 1920, 304 Amherst Indians are listed on the Census.
(7) From 1930 through 1931, a flurry of letters from
Monacans to the United States Bureau of the Census results from
Dr. Walter Plecker's (head of State Bureau of Vital Statistics)
decision not to allow Indians to register as such for the 1930
census. The Monacans succeed in being allowed to claim their
race, albeit with an asterisk attached to a note from Dr.
Plecker stating that there are no Indians in Virginia.
(8) 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.
This letter was forwarded to the Department of the Interior,
Office of Indian Affairs, Chicago, Illinois. 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''.
(9) In 1979, a Federal Coalition of Eastern Native
Americans grant established the Monacan Co-operative Pottery at
the Mission. Some important pieces are produced, including one
that was sold to the Smithsonian.
(10) In 1981, the Mattaponi-Pamunkey-Monacan Consortium was
created and since organized as a nonprofit corporation that
serves as a vehicle to obtain funds for the tribes through the
Native American Program of the Job Training Partnership Act
(Department of Labor).
(11) In 1989, the Monacan Tribe is officially recognized by
the Commonwealth of Virginia, which enables the Tribe to apply
for grants and other programs. In 1993, the Tribe received tax-
exempt status as a nonprofit corporation from the Internal
Revenue Service.
SEC. 502. DEFINITIONS.
For the purposes of this title--
(1) the term ``Tribe'' means the Monacan Tribe;
(2) the term ``Secretary'' means the Secretary of the
Interior; and
(3) the term ``member'' means an enrolled member of the
Tribe, as of the date of the enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance with this Act.
SEC. 503. FEDERAL RECOGNITION.
(a) Federal Recognition.--Federal recognition is hereby extended to
the Tribe. All laws and regulations of the United States of general
application to Indians or nations, tribes, or Tribes of Indians,
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are
not inconsistent with any specific provision of this Act, shall be
applicable to the Tribe and its members.
(b) Federal Services and Benefits.--
(1) In general.--The Tribe and its members shall be
eligible, on and after the date of the enactment of this Act,
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 or the location
of the residence of any member on or near any Indian
reservation.
(2) Service area.--For purposes of the delivery of Federal
services to enrolled members of the Tribe, the Tribe's service
area shall be deemed to be the area comprised of all lands
within 150 miles of the center of Amherst, Virginia.
SEC. 504. MEMBERSHIP.
Not later than 18 months after the date of the enactment of this
Act, the Tribe shall submit to the Secretary a membership roll
consisting of all individuals currently enrolled for membership in the
Tribe. The qualifications for inclusion on the membership roll of the
Tribe shall be determined by the membership clauses in the Tribe's
governing document, in consultation with the Secretary. Upon completion
of the roll, the Secretary shall immediately publish notice of such in
the Federal Register. The Tribe shall ensure that such roll is
maintained and kept current.
SEC. 505. CONSTITUTION AND GOVERNING BODY.
(a) Constitution.--
(1) Adoption.--Not later than 24 months after the date of
the enactment of this Act, the Tribe shall conduct, by secret
ballot, an election to adopt a constitution and bylaws for the Tribe.
(2) Interim governing documents.--Until such time as a new
constitution is adopted under paragraph (1), the governing
documents in effect on the date of enactment of this Act shall
be the interim governing documents for the Tribe.
(b) Officials.--
(1) Election.--Not later than 6 months after the Tribe
adopts a constitution and bylaws pursuant to subsection (a),
the Tribe shall conduct elections by secret ballot for the
purpose of electing officials for the Tribe as provided in the
constitution and bylaws.
(2) Interim government.--Until such time as the Tribe
elects new officials pursuant to paragraph (1), the governing
body of the Tribe shall be the governing body in place on the
date of the enactment of this Act, or any new governing body
selected under the election procedures specified in the interim
governing documents of the Tribe.
SEC. 506. RESERVATION OF THE TRIBE.
(a) In General.--Notwithstanding any other provision of law, if the
Tribe transfers to the Secretary a parcel consisting of approximately
10 acres located on Kenmore Road in Amherst County, Virginia, and a
parcel of land consisting of approximately 165 acres located at the
foot of Bear Mountain in Amherst County, Virginia, the Secretary shall
take such land into trust for the benefit of the Tribe.
(b) Construction.--Nothing in this section shall be construed to
satisfy the terms for an exception under section 20(b)(1)(B) of the
Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)) to the
prohibition on gaming on lands acquired by the Secretary in trust for
the benefit of an Indian tribe after October 17, 1988, under section
20(a) of such Act (25 U.S.C. 2719(a)).
SEC. 507. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.
Nothing in this Act shall expand, reduce, or affect in any manner
any hunting, fishing, trapping, gathering, or water rights of the Tribe
and its members.
TITLE VI--NANSEMOND TRIBE
SEC. 601. FINDINGS.
Congress makes the following findings:
(1) From 1607 until 1646, Nansemonds lived about 30 miles
from Jamestown; were major players in English-Indian affairs in
those years. After 1646, there were 2 sections of the tribe, in
communication with each other: the Christianized Nansemonds in
Norfolk County lived as citizens, while the traditionalist
Nansemonds farther west (various counties) had a reservation.
(2) In 1638, a Norfolk County Englishman married a
Nansemond woman, according to an entry in a 17th century sermon
book still owned by the Chief's family. The couple are lineal
ancestors of all of the present Nansemond tribe (so are some of
the traditionalists).
(3) In 1669, the Tribe's 2 sections appeared in Virginia
Colony's census of Indian bowmen.
(4) In 1677, Nansemonds were signatories to the Treaty of
1677 with the King of England.
(5) In 1700 and 1704, the Nansemonds and other Virginia
tribes were prevented by Virginia Colony from making a separate
peace with the Iroquois. Virginia represented them in the final
Treaty of Albany, 1722.
(6) In 1711, the Nansemonds had a boy at the Indian School
at the College of William and Mary.
(7) In 1727, Norfolk County allowed to William Bass and
kinsmen the ``Indian privileges'' of clearing swamp land and
bearing arms (forbidden to other nonwhites) because of their
Nansemond descent, which meant they were original inhabitants
of said land.
(8) In 1742, Norfolk County issued a certificate of
Nansemond descent to William Bass.
(9) From the 1740's to the 1790's, the traditionalist
section of the Nansemond tribe, 40 miles west, was dealing with
reservation lands. The last surviving members of that section
sold out in 1792, with permission of the Commonwealth of
Virginia.
(10) In 1797, Norfolk County issued a certificate stating
that William Bass was of Indian and English descent; the Indian
line of ancestry ran directly back to the early 18th century
elder in a traditionalist section of Nansemonds on the
reservation.
(11) In 1833, a State law passed enabling European and
Indian descended people to get a special certificate of
ancestry; a bill originated from the county where Nansemonds
lived, and mostly Nansemonds took advantage of the law (few
people in other counties).
(12) Around 1850, a Methodist mission was established for
Nansemonds which is now a standard Methodist congregation and
still with Nansemond members.
(13) In 1901, Smithsonian anthropologist James Mooney
visited the Nansemonds and took a tribal census counting 61
households. The census was later published.
(14) In 1922, Nansemonds got a special Indian school in
Norfolk County's segregated school system. The school survived
only a few years.
(15) In 1928, University of Pennsylvania anthropologist
Frank Speck published a book on modern Virginia Indians with a
section on the Nansemonds.
(16) In 1984, the Nansemonds were organized formally, with
elected officers; then applied for and won State recognition.
SEC. 602. DEFINITIONS.
For the purposes of this title--
(1) the term ``Tribe'' means the Nansemond Tribe;
(2) the term ``Secretary'' means the Secretary of the
Interior; and
(3) the term ``member'' means an enrolled member of the
Tribe, as of the date of the enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance with this Act.
SEC. 603. FEDERAL RECOGNITION.
(a) Federal Recognition.--Federal recognition is hereby extended to
the Tribe. All laws and regulations of the United States of general
application to Indians or nations, tribes, or bands of Indians,
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are
not in- consistent with any specific provision of this Act, shall be
applicable to the Tribe and its members.
(b) Federal Services and Benefits.--
(1) In general.--The Tribe and its members shall be
eligible, on and after the date of the enactment of this Act,
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 or the location
of the residence of any member on or near any Indian
reservation.
(2) Service area.--For purposes of the delivery of Federal
services to enrolled members of the Tribe, the Tribe's service
area shall be deemed to be the area comprised of the cities of
Chesapeake, Hampton, Newport News, Norfolk, Portsmouth,
Suffolk, and Virginia Beach, Virginia.
SEC. 604. MEMBERSHIP.
Not later than 18 months after the date of the enactment of this
Act, the Tribe shall submit to the Secretary a membership roll
consisting of all individuals currently enrolled for membership in the
Tribe. The qualifications for inclusion on the membership roll of the
Tribe shall be determined by the membership clauses in the Tribe's
governing document, in consultation with the Secretary. Upon completion
of the roll, the Secretary shall immediately publish notice of such in
the Federal Register. The Tribe shall ensure that such roll is
maintained and kept current.
SEC. 605. CONSTITUTION AND GOVERNING BODY.
(a) Constitution.--
(1) Adoption.--Not later than 24 months after the date of
the enactment of this Act, the Tribe shall conduct, by secret
ballot, an election to adopt a constitution and bylaws for the
Tribe.
(2) Interim governing documents.--Until such time as a new
constitution is adopted under paragraph (1), the governing
documents in effect on the date of enactment of this Act shall
be the interim governing documents for the Tribe.
(b) Officials.--
(1) Election.--Not later than 6 months after the Tribe
adopts a constitution and bylaws pursuant to subsection (a),
the Tribe shall conduct elections by secret ballot for the
purpose of electing officials for the Tribe as provided in the
constitution and bylaws.
(2) Interim government.--Until such time as the Tribe
elects new officials pursuant to paragraph (1), the governing
body of the Tribe shall be the governing body in place on the
date of the enactment of this Act, or any new governing body
selected under the election procedures specified in the interim
governing documents of the Tribe.
SEC. 606. RESERVATION OF THE TRIBE.
(a) In General.--Notwithstanding any other provision of law, if the
Tribe transfers any land it acquires to the Secretary, the Secretary
may take such land into trust for the benefit of the Tribe.
(b) Construction.--Nothing in this section shall be construed to
satisfy the terms for an exception under section 20(b)(1)(B) of the
Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)) to the
prohibition on gaming on lands acquired by the Secretary in trust for
the benefit of an Indian tribe after October 17, 1988, under section
20(a) of such Act (25 U.S.C. 2719(a)).
SEC. 607. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.
Nothing in this Act shall expand, reduce, or affect in any manner
any hunting, fishing, trapping, gathering, or water rights of the Tribe
and its members.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S6255-6256)
Read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 107-921.
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