S. 379 (112th): Indian Tribes of Virginia Federal Recognition Act of 2011

Introduced:
Feb 17, 2011 (112th Congress, 2011–2013)
Sponsor:
Sen. Jim Webb [D-VA]
Status:
Died (Reported by Committee)

The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.

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Status

This bill was introduced on July 28, 2011, in a previous session of Congress, but was not enacted.

Progress
Introduced Feb 17, 2011
Referred to Committee Feb 17, 2011
Reported by Committee Jul 28, 2011
Cosponsors
1 cosponsors (1D) (show)
Committees

Senate Indian Affairs

The committee chair determines whether a bill will move past the committee stage.

Full Title

A bill 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.

Summary

No summaries available.

Text

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Last updated Feb 17, 2011.
66 pages

Primary Source

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

8/2/2012--Reported to Senate without amendment. (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Indian Tribes of Virginia Federal Recognition Act of 2011 -
Title I - Chickahominy Indian Tribe
Section 103 -
Extends federal recognition to the Chickahominy Tribe. Makes:
(1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and
(2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any tribal member on or near any Indian reservation.
Considers the federal service area of the Tribe to be the area comprised of New Kent, James City, Charles City, and Henrico Counties, Virginia.
Section 104 -
States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary of the Interior before the date of enactment of this Act.
Section 105 -
States that 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 duly elected governing body.
Section 106 -
Provides, upon tribal request, that the Secretary:
(1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007; and
(2) may take into trust lands held by the Tribe in fee that are located within New Kent County, James City County, Charles City County, or Henrico County, Virginia. Directs the Secretary to make a final determination of any such request within three years.
Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation.
Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law.
Section 107 -
States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
Section 108 -
States that:
(1) Virginia shall have criminal and civil jurisdiction over actions arising on lands owned by, or held in trust by the United States for, the Tribe;
(2) the Secretary may accept on behalf of the United States all or any portion of Virginia's jurisdiction upon the Secretary's verification that the Tribe possesses the capacity to reassume such jurisdiction; and
(3) nothing in this section affects the application of the Indian Child Welfare Act of 1978 regarding agreements between states and Indian tribes.
Title II - Chickahominy Indian Tribe--Eastern Division
Section 203 -
Extends federal recognition to the Chickahominy Indian Tribe--Eastern Division. Makes:
(1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and
(2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any tribal member on or near any Indian reservation.
Considers the federal service area of the Tribe to be the area comprised of New Kent, James City, Charles City, and Henrico Counties, Virginia.
Section 204 -
States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary of the Interior before the date of enactment of this Act.
Section 205 -
States that 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 duly elected governing body.
Section 206 -
Provides, upon tribal request, that the Secretary:
(1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007; and
(2) may take into trust lands held by the Tribe in fee that are located within New Kent County, James City County, Charles City County, or Henrico County, Virginia. Directs the Secretary to make a final determination of any such request within three years.
Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation.
Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law.
Section 207 -
States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
Section 208 -
States that:
(1) Virginia shall have criminal and civil jurisdiction over actions arising on lands owned by, or held in trust by the United States for, the Tribe;
(2) the Secretary may accept on behalf of the United States all or any portion of Virginia's jurisdiction upon the Secretary's verification that the Tribe possesses the capacity to reassume such jurisdiction; and
(3) nothing in this section affects the application of the Indian Child Welfare Act of 1978 regarding agreements between states and Indian tribes.
Title III - Upper Mattaponi Tribe
Section 303 -
Extends federal recognition to the Upper Mattaponi Tribe. Makes:
(1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and
(2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any tribal member on or near any Indian reservation.
Considers the federal service area of the Tribe to be the area within 25 miles of the Sharon Indian School at 13383 King William Road, King William County, Virginia.
Section 304 -
States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary of the Interior before the date of enactment of this Act.
Section 305 -
States that 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 duly elected governing body.
Section 306 -
Provides, upon tribal request, that the Secretary:
(1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007; and
(2) may take into trust lands held by the Tribe in fee that are located within King William County, Caroline County, Hanover County, King and Queen County, or New Kent County, Virginia. Directs the Secretary to make a final determination of any such request within three years.
Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation.
Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law.
Section 307 -
States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
Section 308 -
States that:
(1) Virginia shall have criminal and civil jurisdiction over actions arising on lands owned by, or held in trust by the United States for, the Tribe;
(2) the Secretary may accept on behalf of the United States all or any portion of Virginia's jurisdiction upon the Secretary's verification that the Tribe possesses the capacity to reassume such jurisdiction; and
(3) nothing in this section affects the application of the Indian Child Welfare Act of 1978 regarding agreements between states and Indian tribes.
Title IV - Rappahannock Tribe, Inc.
Section 403 -
Extends federal recognition to the organization possessing the legal name Rappahannock Tribe, Inc. (Excludes from the Tribe any other Indian tribe, subtribe, band, or splinter group the members of which represent themselves as Rappahannock Indians.) Makes:
(1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and
(2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any tribal member on or near any Indian reservation.
Considers the federal service area of the Tribe to be the area comprised of King and Queen, Caroline, Essex, and King William Counties, Virginia.
Section 404 -
States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary of the Interior before the date of enactment of this Act.
Section 405 -
States that 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 duly elected governing body.
Section 406 -
Provides, upon tribal request, that the Secretary:
(1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007; and
(2) may take into trust lands held by the Tribe in fee that are located within King and Queen County, Richmond County, Lancaster County, King George County, Essex County, Caroline County, New Kent County, King William County, or James City County, Virginia. Directs the Secretary to make a final determination of any such request within three years.
Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation.
Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law.
Section 407 -
States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
Section 408 -
States that:
(1) Virginia shall have criminal and civil jurisdiction over actions arising on lands owned by, or held in trust by the United States for, the Tribe;
(2) the Secretary may accept on behalf of the United States all or any portion of Virginia's jurisdiction upon the Secretary's verification that the Tribe possesses the capacity to reassume such jurisdiction; and
(3) nothing in this section affects the application of the Indian Child Welfare Act of 1978 regarding agreements between states and Indian tribes.
Title V - Monacan Indian Nation
Section 503 -
Extends federal recognition to the Monacan Indian Nation. Makes:
(1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and
(2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any tribal member on or near any Indian reservation.
Considers the federal service area of the Tribe to be the area within 25 miles from the center of Amherst, Virginia.
Section 504 -
States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary of the Interior before the date of enactment of this Act.
Section 505 -
States that 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 duly elected governing body.
Section 506 -
Provides, upon tribal request, that the Secretary:
(1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007, if it is located within Amherst County, Virginia; and
(2) may take into trust land held by the Tribe in fee that is located within Amherst County, Virginia, and certain parcels of land in Rockbridge County, Virginia, owned by Mr. J. Poole. Directs the Secretary to make a final determination of any such request within three years.
Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation.
Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law.
Section 507 -
States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
Section 508 -
States that:
(1) Virginia shall have criminal and civil jurisdiction over actions arising on lands owned by, or held in trust by the United States for, the Tribe;
(2) the Secretary may accept on behalf of the United States all or any portion of Virginia's jurisdiction upon the Secretary's verification that the Tribe possesses the capacity to reassume such jurisdiction; and
(3) nothing in this section affects the application of the Indian Child Welfare Act of 1978 regarding agreements between states and Indian tribes.
Title VI - Nansemond Indian Tribe
Section 603 -
Extends federal recognition to the Nansemond Tribe. Makes:
(1) all U.S. laws of general applicability to Indians or nations, Indian tribes, or bands of Indians applicable to the Tribe and tribal members; and
(2) the Tribe and tribal members eligible for all federal services and benefits provided to federally recognized Indian tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any tribal member on or near any Indian reservation.
Considers the federal service area of the Tribe to be the area comprised of the cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach, Virginia.
Section 604 -
States that the membership roll and governing documents of the Tribe shall be the most recent membership roll and governing documents submitted by the Tribe to the Secretary of the Interior before the date of enactment of this Act.
Section 605 -
States that 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 duly elected governing body.
Section 606 -
Provides, upon tribal request, that the Secretary:
(1) shall take into trust any land held in fee by the Tribe that was acquired on or before January 1, 2007; and
(2) may take into trust lands held by the Tribe in fee that are located within the city of Suffolk or Chesapeake, or within Isle of Wight County, Virginia. Directs the Secretary to make a final determination of any such request within three years.
Considers, upon tribal request, any land taken into trust to be a part of the Tribe's reservation.
Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or pursuant to federal law.
Section 607 -
States that nothing in this title changes any hunting, fishing, trapping, gathering, or water rights of the Tribe and members of the Tribe.
Section 608 -
States that:
(1) Virginia shall have criminal and civil jurisdiction over actions arising on lands owned by, or held in trust by the United States for, the Tribe;
(2) the Secretary may accept on behalf of the United States all or any portion of Virginia's jurisdiction upon the Secretary's verification that the Tribe possesses the capacity to reassume such jurisdiction; and
(3) nothing in this section affects the application of the Indian Child Welfare Act of 1978 regarding agreements between states and Indian tribes.

House Republican Conference Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)