My native ancestors

H.R. 984: Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2017

https://www.govtrack.us/congress/bills/115/hr984/text

One Hundred Fifteenth Congress of the United States of America

At the Second Session

Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen

H. R. 984

AN ACT

To extend Federal recognition to the Chickahominy Indian Tribe, the Chickahominy Indian Tribe—Eastern Division, the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian Nation, and the Nansemond Indian Tribe.

1.

Short title; table of contents

(a)

Short Title

This Act may be cited as the Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2017.

(b)

Table of Contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Indian Child Welfare Act of 1978.

Title VI—Nansemond Indian Tribe

Sec. 601. Findings.

Sec. 602. Definitions.

Sec. 603. Federal recognition.

Sec. 604. Membership; governing documents.

Sec. 605. Governing body.

Sec. 606. Reservation of the Tribe.

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

VI

Nansemond Indian Tribe

601.

Findings

Congress finds that—

(1)

from 1607 until 1646, Nansemond Indians—

(A)

lived approximately 30 miles from Jamestown; and

(B)

were significantly involved in English-Indian affairs;

(2)

after 1646, there were two sections of Nansemonds in communication with each other, the Christianized Nansemonds in Norfolk County, who lived as citizens, and the traditionalist Nansemonds, who lived further west;

(3)

in 1638, according to an entry in a 17th century sermon book still owned by the Chief’s family, a Norfolk County Englishman married a Nan­se­mond woman;

(4)

that man and woman are lineal ancestors of all of members of the Nansemond Indian tribe alive as of the date of enactment of this Act, as are some of the traditionalist Nansemonds;

(5)

in 1669, the two Nansemond sections appeared in Virginia Colony’s census of Indian bow­men;

(6)

in 1677, Nansemond Indians were signatories to the Treaty of 1677 with the King of England;

(7)

in 1700 and 1704, the Nansemonds and other Virginia Indian tribes were prevented by Virginia Colony from making a separate peace with the Iroquois;

(8)

Virginia represented those Indian tribes in the final Treaty of Albany, 1722;

(9)

in 1711, a Nansemond boy attended the Indian School at the College of William and Mary;

(10)

in 1727, Norfolk County granted William Bass and his kinsmen the Indian privileges of clearing swamp land and bearing arms (which privileges were forbidden to other non-Whites) because of their Nansemond ancestry, which meant that Bass and his kinsmen were original inhabitants of that land;

(11)

in 1742, Norfolk County issued a certificate of Nansemond descent to William Bass;

(12)

from the 1740s to the 1790s, the traditionalist section of the Nansemond tribe, 40 miles west of the Christianized Nansemonds, was dealing with reservation land;

(13)

the last surviving members of that section sold out in 1792 with the permission of the Commonwealth of Virginia;

(14)

in 1797, Norfolk County issued a certificate stating that William Bass was of Indian and English descent, and that his Indian line of ancestry ran directly back to the early 18th century elder in a traditionalist section of Nansemonds on the reservation;

(15)

in 1833, Virginia enacted a law enabling people of European and Indian descent to obtain a special certificate of ancestry;

(16)

the law originated from the county in which Nansemonds lived, and mostly Nansemonds, with a few people from other counties, took advantage of the new law;

(17)

a Methodist mission established around 1850 for Nansemonds is currently a standard Methodist congregation with Nansemond members;

(18)

in 1901, Smithsonian anthropologist James Mooney—

(A)

visited the Nansemonds; and

(B)

completed a tribal census that counted 61 households and was later published;

(19)

in 1922, Nansemonds were given a special Indian school in the segregated school system of Norfolk County;

(20)

the school survived only a few years;

(21)

in 1928, University of Pennsylvania anthropologist Frank Speck published a book on modern Virginia Indians that included a section on the Nansemonds; and

(22)

the Nansemonds were organized formally, with elected officers, in 1984, and later applied for and received State recognition.

602.

Definitions

In this title:

(1)

Secretary

The term Secretary means the Secretary of the Interior.

(2)

Tribal member

The term tribal member means—

(A)

an individual who is an enrolled member of the Tribe as of the date of enactment of this Act; and

(B)

an individual who has been placed on the membership rolls of the Tribe in accordance with this title.

(3)

Tribe

The term Tribe means the Nansemond Indian Tribe.

603.

Federal recognition

(a)

Federal Recognition

(1)

In general

Federal recognition is extended to the Tribe.

(2)

Applicability of laws

All laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not inconsistent with this title shall be applicable to the Tribe and tribal members.

(b)

Federal Services and Benefits

(1)

In general

On and after the date of enactment of this Act, the Tribe and tribal members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe.

(2)

Service area

For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe shall be considered to be the area comprised of the cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach, Virginia.

604.

Membership; governing documents

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

605.

Governing body

The governing body of the Tribe shall be—

(1)

the governing body of the Tribe in place as of the date of enactment of this Act; or

(2)

any subsequent governing body elected in accordance with the election procedures specified in the governing documents of the Tribe.

606.

Reservation of the Tribe

(a)

In general

Upon the request of the Tribe, the Secretary of the Interior—

(1)

shall take into trust for the benefit of the Tribe any land held in fee by the Tribe that was acquired by the Tribe on or before January 1, 2007, if such lands are located within the boundaries of the city of Suffolk, the city of Chesapeake, or Isle of Wight County, Virginia; and

(2)

may take into trust for the benefit of the Tribe any land held in fee by the Tribe, if such lands are located within the boundaries of the city of Suffolk, the city of Chesapeake, or Isle of Wight County, Virginia.

(b)

Deadline for determination

The Secretary shall make a final written determination not later than 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.

607.

Hunting, fishing, trapping, gathering, and water rights

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

VII

Eminent domain

701.

Limitation

Eminent domain may not be used to acquire lands in fee or in trust for an Indian tribe recognized under this Act.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.

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