I 

108TH CONGRESS 

1ST SESSION H. R. 1938

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 1, 2003

Mr. MORAN of Virginia (for himself, Mrs. JO ANN DAVIS of Virginia, Mr. 

TOM DAVIS of Virginia, Mr. SCOTT of Virginia, Mr. SCHROCK, and Mr. 

ABERCROMBIE) introduced the following bill; which was referred to the 

Committee on Resources 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Thomasina E. Jordan 

5 Indian Tribes of Virginia Federal Recognition Act of 

6 2003’’. 
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1 TITLE I—CHICKAHOMINY 

2 INDIAN TRIBE 

3 SEC. 101. FINDINGS. 

4 Congress makes the following findings: 

5 (1) In 1607, when the English settlers set shore 

6 along the Virginia coastline, the Chickahominy In7 dian Tribe was 1 of about 30 tribes who received 

8 them. 

9 (2) In 1614, the Chickahominy Indian Tribe 

10 entered into a treaty with Sir Thomas Dale, Gov11 ernor of the Jamestown Colony, agreeing to provide 

12 2 bushels of corn per man and send warriors to pro13 tect the English. Sir Thomas Dale agreed in return 

14 to allow the tribe to continue to practice their own 

15 tribal governance. 

16 (3) In 1646, a treaty was signed which forced 

17 the Chickahominy from their homeland to the area 

18 around the York River in present-day King William 

19 County, leading to the formation of a reservation. 

20 (4) In 1677, following Bacon’s Rebellion, the 

21 Queen of Pamunkey signed the Treaty of Middle 

22 Plantation on behalf of the Chickahominy. 

23 (5) In 1702, the Chickahominy were pushed off 

24 their reservation, which caused the loss of a land 

25 base. 
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1 (6) In 1711, the College of William and Mary 

2 in Williamsburg established a grammar school for 

3 Indians called Brafferton College. A Chickahominy 

4 child was one of the first Indians to attend. 

5 (7) In 1750, the Chickahominy Indian Tribe 

6 started to migrate from King William County back 

7 to the area around the Chickahominy River in New 

8 Kent and Charles City Counties. 

9 (8) In 1793, a Baptist missionary named 

10 Bradby took refuge with the Chickahominy and took 

11 a Chickahominy woman as his wife. 

12 (9) In 1831, the names of the ancestors of the 

13 modern-day Chickahominy Indian Tribe began to 

14 appear in the Charles City County census records. 

15 (10) In 1901, the Chickahominy Indian Tribe 

16 formed Samaria Baptist Church. 

17 (11) From 1901 to 1935, Chickahominy men 

18 were assessed a tribal tax so that their children 

19 could receive an education. The Tribe used the pro20 ceeds from this tax to build the first Samaria Indian 

21 School, buy supplies, and pay a teacher’s salary.

22 (12) In 1919, C. Lee Moore, Auditor of Public 

23 Accounts for Virginia, told Chickahominy Chief 

24 O.W. Adkins that he had instructed the Commis25 sioner of Revenue for Charles City County to record 
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1 Chickahominy tribal members on the county tax rolls 

2 as Indian, and not as white or colored. 

3 (13) During 1920–1930, various Governors of 

4 the Commonwealth of Virginia wrote letters of intro5 duction for Chickahominy Chiefs who had official 

6 business with Government agencies in Washington, 

7 D.C. 

8 (14) In 1934, Chickahominy Chief O.W. Adkins 

9 wrote to John Collier, Commissioner of Indian Af10 fairs, requesting money to acquire land for the 

11 Chickahominy Indian Tribe’s use, to build school, 

12 medical, and library facilities and to buy tractors, 

13 implements, and seed. 

14 (15) In 1934, John Collier, Commissioner of 

15 Indian Affairs, wrote to Chickahominy Chief O.W. 

16 Adkins, informing him that Congress had passed the 

17 Indian Reorganization Act of 1934, but had not 

18 made the appropriation to fund the bill. 

19 (16) In 1942, Chickahominy Chief O.O. Adkins 

20 wrote to John Collier, Commissioner of Indian Af21 fairs, asking for help in getting the proper racial 

22 designation on Selective Service records for the 

23 Chickahominy soldiers. 

24 (17) In 1943, John Collier, Commissioner of 

25 Indian Affairs, asked Douglas S. Freeman, editor of 
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1 the Richmond (Virginia) News-Leader newspaper, to 

2 help Virginia Indians obtain proper racial designa3 tion on birth records. Collier states that his office 

4 cannot officially intervene because it has no respon5 sibility for the Virginia Indians, ‘‘as a matter largely 

6 of historical accident’’, but is ‘‘interested in them as 

7 descendants of the original inhabitants of the re8 gion’’. 

9 (18) In 1948, the Veterans’ Education Com10 mittee of the Virginia State Board of Education ap11 proved Samaria Indian School to provide training to 

12 veterans. This school was the one established and 

13 run by the Chickahominy Indian Tribe. 

14 (19) In 1950, the Chickahominy Indian Tribe 

15 purchased land and donated it to the Charles City 

16 County School Board, to be used to build a modern 

17 school for students of the Chickahominy and other 

18 Virginia tribes. The Samaria Indian School included 

19 grades 1 through 8. 

20 (20) In 1961, Senator Sam Ervin, Chairman of 

21 the Subcommittee on Constitutional Rights, Senate 

22 Committee on the Judiciary, requested Chicka23 hominy Chief O.O. Adkins to provide assistance in 

24 analyzing the status of the constitutional rights of 

25 Indians ‘‘in your area’’.
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1 (21) In 1967, the Charles City County school 

2 board closed Samaria Indian School and converted it 

3 to a countywide primary school as a step toward full 

4 school integration. 

5 (22) In 1972, the Charles City County school 

6 board began receiving funds under title IV of the In7 dian Self-Determination and Education Assistance 

8 Act (25 U.S.C. 450 et seq.) on behalf of Chicka9 hominy students. This continues today under title V 

10 of that Act. 

11 (23) In 1974, the Chickahominy Indian Tribe 

12 bought land and built a tribal center using monthly 

13 pledges from tribal members to finance the trans14 actions. 

15 (24) In 1983, the Chickahominy Indian Tribe 

16 was granted recognition as an Indian tribe by the 

17 Commonwealth of Virginia, along with 5 other 

18 tribes. 

19 (25) In 1985, Virginia Governor Gerald Baliles 

20 was the special guest at an intertribal Thanksgiving 

21 Day dinner hosted by the Chickahominy Indian 

22 Tribe. 

23 SEC. 102. DEFINITIONS. 

24 For the purposes of this title—
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1 (1) the term ‘‘Tribe’’ means the Chickahominy 

2 Indian Tribe; 

3 (2) the term ‘‘Secretary’’ means the Secretary 

4 of the Interior; and 

5 (3) the term ‘‘member’’ means an enrolled 

6 member of the Tribe, as of the date of enactment of 

7 this Act, or an individual who has been placed on 

8 the membership rolls of the Tribe in accordance with 

9 this Act. 

10 SEC. 103. FEDERAL RECOGNITION. 

11 (a) FEDERAL RECOGNITION.—Federal recognition is 

12 hereby extended to the Tribe. All laws and regulations of 

13 the United States of general application to Indians or na14 tions, tribes, or bands of Indians, including the Act of 

15 June 18, 1934 (25 U.S.C. 461 et seq.) which are not in16 consistent with any specific provision of this Act, shall be 

17 applicable to the Tribe and its members. 

18 (b) FEDERAL SERVICES AND BENEFITS.—

19 (1) IN GENERAL.—The Tribe and its members 

20 shall be eligible, on and after the date of the enact21 ment of this Act, for all future services and benefits

22 provided by the Federal Government to federally rec23 ognized Indian tribes without regard to the existence 

24 of a reservation for the Tribe or the location of the 
8

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1 residence of any member on or near any Indian res2 ervation. 

3 (2) SERVICE AREA.—For purposes of the deliv4 ery of Federal services to enrolled members of the 

5 Tribe, the Tribe’s service area shall be deemed to be 

6 the area comprised of Charles City County, Virginia. 

7 SEC. 104. MEMBERSHIP; GOVERNING DOCUMENTS. 

8 The membership roll and governing documents of the 

9 Tribe shall be the most recent membership roll and gov10 erning documents, respectively, submitted by the Tribe to 

11 the Secretary before the date of the enactment of this Act. 

12 SEC. 105. GOVERNING BODY. 

13 The governing body of the Tribe shall be the gov14 erning body in place on the date of the enactment of this 

15 Act, or any new governing body selected under the election 

16 procedures specified in the governing documents of the 

17 Tribe. 

18 SEC. 106. RESERVATION OF THE TRIBE. 

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, if, not later than 25 years after the date of 

21 the enactment of this Act, the Tribe transfers land within 

22 the boundaries of the Virginia counties of Charles City, 

23 James City, or Henrico, to the Secretary, the Secretary 

24 shall take such land into trust for the benefit of the Tribe. 
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1 (b) CONSTRUCTION.—No reservation or tribal lands 

2 or land taken into trust for the benefit of the Tribe shall 

3 be construed to satisfy the terms for an exception under 

4 section 20(b)(1)(B) of the Indian Gaming Regulatory Act 

5 (25 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming 

6 on lands acquired by the Secretary in trust for the benefit 

7 of an Indian tribe after October 17, 1988, under section 

8 20(a) of such Act (25 U.S.C. 2719(a)). 

9 SEC. 107. HUNTING, FISHING, TRAPPING, GATHERING, AND 

10 WATER RIGHTS. 

11 Nothing in this Act shall expand, reduce, or affect 

12 in any manner any hunting, fishing, trapping, gathering, 

13 or water rights of the Tribe and its members. 

14 TITLE II—CHICKAHOMINY IN15 DIAN TRIBE—EASTERN DIVI16 SION 

17 SEC. 201. FINDINGS. 

18 Congress makes the following findings: 

19 (1) In 1607, when the English settlers set shore 

20 along the Virginia coastline, the Chickahominy were 

21 one of about 30 tribes who received them. 

22 (2) In 1614, the Chickahominy Indian Tribe 

23 signed a treaty with Sir Thomas Dale, Governor of 

24 the Jamestown Colony, agreeing to provide 2 bushels 

25 of corn per man and send warriors to protect the 
10

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1 English. Sir Thomas Dale agreed in return to allow 

2 the Tribe to continue to practice their own tribal 

3 governance. 

4 (3) In 1646, a treaty was signed which forced 

5 the Chickahominy from their homeland to the area 

6 around the York River in present-day King William 

7 County, leading to the formation of a reservation.

8 (4) In 1677, following Bacon’s Rebellion, the 

9 Queen of Pamunkey signed the Treaty of Middle 

10 Plantation on behalf of the Chickahominy. 

11 (5) In 1702, the Chickahominy were pushed off 

12 their reservation, which caused the loss of a land 

13 base. 

14 (6) In 1723, the College of William and Mary 

15 in Williamsburg established a grammar school for 

16 Indians called Brafferton College. A Chickahominy 

17 child was one of the first Indians to attend. 

18 (7) In 1750, the Chickahominy Indian Tribe 

19 started to migrate from King William County back 

20 to the area around the Chickahominy River in New 

21 Kent and Charles City Counties. 

22 (8) In 1793, A Baptist missionary named 

23 Bradby took refuge with the Chickahominy and took 

24 a Chickahominy woman as his wife.
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1 (9) In 1831, the names of the ancestors of the 

2 modern-day Chickahominy Indian Tribe began to 

3 appear in the Charles City County census records. 

4 (10) In 1870, a census showed an enclave of 

5 Indians in New Kent County which is believed to be 

6 the beginning of the Chickahominy Indian Tribe7 Eastern Division. Records were destroyed when the 

8 New Kent County courthouse was burned. A State 

9 census was the only record at this time. 

10 (11) In 1901, the Chickahominy’s formed Sa11 maria Baptist Church. During the first few decades 

12 of the 20th century, Chickahominy men were as13 sessed a tribal tax so that their children could re14 ceive an education. The Tribe used the proceeds 

15 from this tax to build the first Samaria Indian 

16 School, buy supplies, and pay a teacher’s salary. 

17 (12) In 1910, a school was started in New Kent 

18 County for the Chickahominy Indian Tribe-Eastern 

19 Division. Grades 1 through 8 were taught in this 1-

20 room school. 

21 (13) In 1920–1921, the Chickahominy Indian 

22 Tribe-Eastern Division began forming their own 

23 tribal government. E.P. Bradby was the founder of 

24 the Tribe and was elected to be Chief. 
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1 (14) In 1922, Tsena Commocko Baptist Church 

2 was organized. 

3 (15) In 1925, a certificate of incorporation was 

4 issued to the Chickahominy Indian Tribe-Eastern 

5 Division. 

6 (16) In 1950, the Indian school was closed and 

7 students were bused to Samaria Indian School in 

8 Charles City County. 

9 (17) In 1967, both Chickahominy tribes lost 

10 their school to integration. 

11 (18) In 1982–1984, Tsena Commocko Baptist 

12 built a new sanctuary to accommodate church 

13 growth. 

14 (19) In 1983, the Chickahominy Indian Tribe15 Eastern Division was granted State recognition 

16 along with 5 other Virginia Indian tribes. 

17 (20) In 1985, the Virginia Council on Indians 

18 was organized as a State agency and the Chicka19 hominy Indian Tribe-Eastern Division was appointed 

20 to a seat on the Council. 

21 (21) In 1988, a nonprofit organization known 

22 as the United Indians of Virginia was formed. Chief

23 Marvin ‘‘Strongoak’’ Bradby of the Eastern Band 

24 of the Chickahominy presently chairs the organiza25 tion. 
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1 SEC. 202. DEFINITIONS. 

2 For the purposes of this title—

3 (1) the term ‘‘Tribe’’ means the Chickahominy 

4 Indian Tribe—Eastern Division; 

5 (2) the term ‘‘Secretary’’ means the Secretary 

6 of the Interior; and 

7 (3) the term ‘‘member’’ means an enrolled 

8 member of the Tribe, as of the date of the enact9 ment of this Act, or an individual who has been 

10 placed on the membership rolls of the Tribe in ac11 cordance with this Act.

12 SEC. 203. FEDERAL RECOGNITION. 

13 (a) FEDERAL RECOGNITION.—Federal recognition is 

14 hereby extended to the Tribe. All laws and regulations of 

15 the United States of general application to Indians or na16 tions, tribes, or bands of Indians, including the Act of 

17 June 18, 1934 (25 U.S.C. 461 et seq.) which are not in18 consistent with any specific provision of this Act, shall be 

19 applicable to the Tribe and its members. 

20 (b) FEDERAL SERVICES AND BENEFITS.—

21 (1) IN GENERAL.—The Tribe and its members 

22 shall be eligible, on and after the date of the enact23 ment of this Act, for all future services and benefits 

24 provided by the Federal Government to federally rec25 ognized Indian tribes without regard to the existence 

26 of a reservation for the Tribe or the location of the 
14

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1 residence of any member on or near any Indian res2 ervation. 

3 (2) SERVICE AREA.—For purposes of the deliv4 ery of Federal services to enrolled members of the 

5 Tribe, the Tribe’s service area shall be deemed to be 

6 the area comprised of New Kent County, Virginia. 

7 SEC. 204. MEMBERSHIP; GOVERNING DOCUMENTS. 

8 The membership roll and governing documents of the 

9 Tribe shall be the most recent membership roll and gov10 erning documents, respectively, submitted by the Tribe to 

11 the Secretary before the date of the enactment of this Act. 

12 SEC. 205. GOVERNING BODY. 

13 The governing body of the Tribe shall be the gov14 erning body in place on the date of the enactment of this 

15 Act, or any new governing body selected under the election 

16 procedures specified in the governing documents of the 

17 Tribe. 

18 SEC. 206. RESERVATION OF THE TRIBE. 

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, if, not later than 25 years after the date of 

21 the enactment of this Act, the Tribe transfers any land 

22 within the boundaries of New Kent County, James City 

23 County, or Henrico County, Virginia, to the Secretary, the 

24 Secretary shall take such land into trust for the benefit 

25 of the Tribe.
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1 (b) CONSTRUCTION.—No reservation or tribal lands 

2 or land taken into trust for the benefit of the Tribe shall 

3 be construed to satisfy the terms for an exception under 

4 section 20(b)(1)(B) of the Indian Gaming Regulatory Act 

5 (25 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming 

6 on lands acquired by the Secretary in trust for the benefit 

7 of an Indian tribe after October 17, 1988, under section 

8 20(a) of such Act (25 U.S.C. 2719(a)). 

9 SEC. 207. HUNTING, FISHING, TRAPPING, GATHERING, AND 

10 WATER RIGHTS. 

11 Nothing in this Act shall expand, reduce, or affect 

12 in any manner any hunting, fishing, trapping, gathering, 

13 or water rights of the Tribe and its members. 

14 TITLE III—UPPER MATTAPONI 

15 TRIBE 

16 SEC. 301. FINDINGS. 

17 Congress makes the following findings: 

18 (1) From 1607 until 1646, the Chickahominies 

19 lived about 20 miles from Jamestown; were major 

20 players in English-Indian affairs in those years. 

21 Mattaponis, who joined them later, lived farther 

22 away. In 1646, the Chickahominies moved to 

23 Mattaponi River basin, away from the English. 

24 (2) In 1661, the Chickahominies sold land at 

25 ‘‘the cliffs’’ on the Mattaponi River.
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1 (3) In 1669, the Chickahominies appeared in 

2 the Virginia Colony’s census of Indian bowmen; lived 

3 then in ‘‘New Kent’’ County, which included the 

4 Mattaponi River basin at that time. 

5 (4) In 1677, the Chickahominies and 

6 Mattaponis were subjects of the Queen of 

7 Pamunkey, who was a signatory to the Treaty of 

8 1677 with the King of England. 

9 (5) In 1683, the Mattaponi town was attacked 

10 by Senecas; the Mattaponis took refuge with the 

11 Chickahominies, and the history of the 2 groups was 

12 intertwined for many years thereafter. 

13 (6) In 1695, the Chickahominies/Mattaponis 

14 were assigned a reservation by the Virginia Colony 

15 and traded it for land at ‘‘the cliffs’’ they had owned 

16 before 1661 (now the Mattaponi Indian Reserva17 tion). 

18 (7) In 1711, the Chickahominies had a boy at 

19 the Indian School at the College of William and 

20 Mary. 

21 (8) In 1726, the Virginia Colony discontinued 

22 funding of interpreters for the tribes. James Adams, 

23 who served as an interpreter to the tribes know 

24 today as the Upper Mattaponi and Chickahominy, 

25 elected to stay with the Upper Mattaponi. Today, a 
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1 majority of the Upper Mattaponi have ‘‘Adams’’ as 

2 their surname. 

3 (9) In 1787, Thomas Jefferson, in Notes on the 

4 Commonwealth of Virginia, mentioned Mattaponis 

5 on reservation in King William County and said 

6 Chickahominies were ‘‘blended’’ with them and near7 by Pamunkeys. 

8 (10) In 1850, the United States census showed 

9 a nucleus of about 10 families, all ancestral to mod10 ern Upper Mattaponis, living in central King Wil11 liam County about 10 miles from the reservation. 

12 (11) From 1853 until 1884, King William 

13 County marriage records listed Upper Mattaponis as 

14 ‘‘Indian’’ when marrying reservation people. 

15 (12) From 1884 until the present, county mar16 riage records usually call Upper Mattaponis ‘‘Indi17 ans’’. 

18 (13) In 1901, Smithsonian anthropologist 

19 James Mooney heard about the Upper Mattaponis 

20 but did not visit them.

21 (14) In 1928, University of Pennsylvania an22 thropologist Frank Speck published a book on mod23 ern Virginia Indians with a section on the Upper 

24 Mattaponis. 
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1 (15) From 1929 to 1930, the Tribe’s leadership 

2 fought against a ‘‘colored’’ designation in the 1930 

3 United States Census, and won a compromise in 

4 which their Indian ancestry was recorded but ques5 tioned. 

6 (16) From 1942 until 1945, the Tribe’s leader7 ship, with the help of Frank Speck and others, 

8 fought against the Tribe’s young men being inducted 

9 into ‘‘colored’’ units in the Armed Forces. A tribal 

10 roll was compiled. 

11 (17) From 1945 to 1946, negotiations to get 

12 some of the Tribe’s young people admitted to high 

13 schools for Federal Indians (especially at Cherokee); 

14 no high school coursework was available for Indians 

15 in Virginia schools. 

16 (18) In 1983, the Upper Mattaponi Tribe ap17 plied for and won State recognition. 

18 SEC. 302. DEFINITIONS. 

19 For the purposes of this title—

20 (1) the term ‘‘Tribe’’ means the Upper 

21 Mattaponi Tribe; 

22 (2) the term ‘‘Secretary’’ means the Secretary 

23 of the Interior; and 

24 (3) the term ‘‘member’’ means an enrolled 

25 member of the Tribe, as of the date of the enact-
19

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1 ment of this Act, or an individual who has been 

2 placed on the membership rolls of the Tribe in ac3 cordance with this Act.

4 SEC. 303. FEDERAL RECOGNITION. 

5 (a) FEDERAL RECOGNITION.—Federal recognition is 

6 hereby extended to the Tribe. All laws and regulations of 

7 the United States of general application to Indians or na8 tions, tribes, or bands of Indians, including the Act of 

9 June 18, 1934 (25 U.S.C. 461 et seq.) which are not in10 consistent with any specific provision of this Act, shall be 

11 applicable to the Tribe and its members. 

12 (b) FEDERAL SERVICES AND BENEFITS.—

13 (1) IN GENERAL.—The Tribe and its members 

14 shall be eligible, on and after the date of the enact15 ment of this Act, for all future services and benefits 

16 provided by the Federal Government to federally rec17 ognized Indian tribes without regard to the existence 

18 of a reservation for the Tribe or the location of the 

19 residence of any member on or near any Indian res20 ervation. 

21 (2) SERVICE AREA.—For purposes of the deliv22 ery of Federal services to enrolled members of the 

23 Tribe, the Tribe’s service area shall be deemed to be 

24 the area within 25 miles of the Tribe’s tribal center 

25 in King William County, Virginia. 
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1 SEC. 304. MEMBERSHIP; GOVERNING DOCUMENTS. 

2 The membership roll and governing documents of the 

3 Tribe shall be the most recent membership roll and gov4 erning documents, respectively, submitted by the Tribe to 

5 the Secretary before the date of the enactment of this Act. 

6 SEC. 305. GOVERNING BODY. 

7 The governing body of the Tribe shall be the gov8 erning body in place on the date of the enactment of this 

9 Act, or any new governing body selected under the election 

10 procedures specified in the governing documents of the 

11 Tribe. 

12 SEC. 306. RESERVATION OF THE TRIBE. 

13 (a) IN GENERAL.—Notwithstanding any other provi14 sion of law, if the Tribe transfers any land within the 

15 boundaries of King William County to the Secretary, the 

16 Secretary shall take such land into trust for the benefit 

17 of the Tribe. 

18 (b) CONSTRUCTION.—No reservation or tribal lands 

19 or land taken into trust for the benefit of the Tribe shall 

20 be construed to satisfy the terms for an exception under 

21 section 20(b)(1)(B) of the Indian Gaming Regulatory Act 

22 (25 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming 

23 on lands acquired by the Secretary in trust for the benefit 

24 of an Indian tribe after October 17, 1988, under section 

25 20(a) of such Act (25 U.S.C. 2719(a)). 
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1 SEC. 307. HUNTING, FISHING, TRAPPING, GATHERING, AND 

2 WATER RIGHTS. 

3 Nothing in this Act shall expand, reduce, or affect 

4 in any manner any hunting, fishing, trapping, gathering, 

5 or water rights of the Tribe and its members. 

6 TITLE IV—RAPPAHANNOCK 

7 TRIBE, INC. 

8 SEC. 401. FINDINGS. 

9 Congress makes the following findings: 

10 (1) During the initial months after Virginia was 

11 settled, the Rappahannocks had 3 encounters with 

12 Captain John Smith. The first occurred when the 

13 Rappahannock weroance (headman) traveled to 

14 Quiyocohannock (a principal town across the James 

15 River from Jamestown) where he met with the Eng16 lishman to determine if Smith had been the ‘‘great 

17 man’’ who had previously sailed into the Rappahan18 nock River, killed a Rappahannock weroance, and 

19 kidnaped Rappahannock people. He determined that 

20 Smith was too short to be that ‘‘great man’’. On a 

21 second meeting, during John Smith’s captivity (De22 cember 16, 1607 to January 8, 1608), Smith was 

23 taken to the Rappahannock principal village to show 

24 the people that Smith was not the ‘‘great man.’’ A 

25 third meeting took place during Smith’s exploration 

26 of the Chesapeake Bay (July to September 1608), 
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1 when Smith was prevailed upon to make peace be2 tween the Rappahannock and the Moraughtacund 

3 Indians. The Moraughtacunds had stolen 3 women 

4 from the Rappahannock King. In the settlement, 

5 Smith had the 2 tribes meet on the spot of their 

6 first fight. When it was established that both sides 

7 wanted peace, Smith told the Rappahannock King to 

8 select which of the 3 women he wanted; the 

9 Moraughtacund King got second choice; Mosco, a 

10 Wighcocomoco (on the Potomac River) guide, was 

11 given the third woman. 

12 (2) In 1645, Captain William Claiborne tried 

13 unsuccessfully to establish treaty relations with the 

14 Rappahannocks. The Rappahannocks had not par15 ticipated in the Pamunkey-led uprising in 1644, and 

16 the English wanted to ‘‘treat with the 

17 Rappahannocks or any other Indians not in amity 

18 with Opechancanough, concerning serving the county 

19 against the Pamunkeys’’.

20 (3) In April 1651, the Rappahannocks conveyed 

21 their first tract of land to an English settler, Colonel 

22 Morre Fauntleroy. The deed was signed by 

23 Accopatough, weroance of the Rappahannock Indi24 ans. 
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1 (4) In September 1653, Lancaster County 

2 signed a treaty with Rappahannock Indians. The 

3 terms of the treaty gave Rappahannocks the rights 

4 of Englishmen in the county court, and it tried to 

5 make the Rappahannocks more accountable to 

6 English law. 

7 (5) In September 1653, Lancaster County de8 fined and marked the bounds of its Indian settle9 ments. According to the Lancaster clerk of court, 

10 ‘‘the tribe called the great Rappahannocks lived on 

11 the Rappahannock Creek just across the river above 

12 Tappahannock’’. 

13 (6) In September 1656, (Old) Rappahannock 

14 County (modern-day Richmond and Essex Counties) 

15 signed a treaty with Rappahannock Indians. The 

16 treaty mirrored the Lancaster County treaty from 

17 1653 (see above), and added 2 points: 

18 Rappahannocks were to be rewarded, in Roanoke, 

19 for returning English fugitives and the English en20 couraged the Rappahannocks to send their children 

21 to live among the English as servants, who the 

22 English promised would be well treated.

23 (7) In 1658, the Virginia Assembly revised a 

24 1652 Act stating that ‘‘there be no grants of land 

25 to any Englishman whatsoever de futuro until the 
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1 Indians be first served with the proportion of 50 

2 acres of land for each bowman’’. 

3 (8) In 1669, the colony conducted a census of 

4 Virginia Indians. At that time, the majority of the 

5 Rappahannocks were residing at their hunting vil6 lage on the north side of the Mattaponi River. At 

7 the time of the visit, census takers were counting 

8 only the tribes along the rivers. This explains the 

9 low number of 30 Rappahannock bowmen counted 

10 on that river. The Rappahannocks used this hunting 

11 village on the north side of the Mattaponi River as 

12 their primary residence until they were removed in 

13 1684. 

14 (9) In May 1677, the Treaty of Middle Planta15 tion was signed with England. The Pamunkey 

16 Queen Cockacoeske signed on behalf of the 

17 Rappahannocks ‘‘who were supposed to be her tribu18 taries’’. However, before the treaty could be ratified, 

19 the Queen of Pamunkey complained to the Virginia 

20 Colonial Council ‘‘that she was having trouble with 

21 Rappahannocks and Chickahominies, supposedly 

22 tributaries of hers’’. 

23 (10) In November 1682, the Virginia Colonial 

24 Council established a reservation for the Rappahan25 nock Indians of 3,474 acres ‘‘about the town where 
25

•HR 1938 IH 

1 they dwelt’’. The Rappahannocks ‘‘town’’ was their 

2 hunting village on the north side of the Mattaponi 

3 River, where they had lived throughout the 1670’s. 

4 The acreage allotment was based on the 1658 Indian 

5 land act (seen above), which translates into a bow6 man population of 70, or an approximate total Rap7 pahannock population of 350. 

8 (11) In 1683, following raids by Iroquoian war9 riors on both Indian and English settlements, the 

10 Virginia Colonial Council ordered the 

11 Rappahannocks to leave their reservation and unite 

12 with the Nanzatico Indians at Nanzatico Indian 

13 Town, which was located across and up the Rappa14 hannock River some 30 miles. 

15 (12) Between 1687 and 1699, the 

16 Rappahannocks migrated out of Nanzatico, return17 ing to the south side of the Rappahannock River at 

18 Portobacco Indian Town. 

19 (13) In 1706, by order of Essex County, Lieu20 tenant Richard Covington ‘‘escorted’’ the 

21 Portobaccos and Rappahannocks out of Portobacco 

22 Indian Town, out of Essex County, and into King 

23 and Queen County where they settled along the 

24 ridgeline between the Rappahannock and Mattaponi 
26

•HR 1938 IH 

1 Rivers, the site of their ancient hunting village and 

2 1682 reservation. 

3 (14) During the 1760’s, 3 Rappahannock girls 

4 were raised on Thomas Nelson’s ‘‘Bleak Hill’’ Plan5 tation in King William County. One girl married a 

6 Saunders man, 1 a Johnson man, and the third had 

7 2 children, Edmund and Carter Nelson, fathered by 

8 Thomas Cary Nelson. In the 19th century, these 

9 Saunders, Johnson, and Nelson families are among 

10 the core Rappahannock families from which the 

11 modern tribe traces its descent. 

12 (15) In 1819 and 1820, Edward Bird, John 

13 Bird and his unnamed wife, Carter Nelson, Edmund 

14 Nelson, and Carter Spurlock (all Rappahannock an15 cestors) were listed on the tax roles of King and 

16 Queen County. They are taxed at the county poor 

17 rate. Edmund Bird is added to the list in 1821. This 

18 is significant documentation because the over19 whelming majority of pre-1864 records for King and 

20 Queen County were destroyed by fire.

21 (16) Beginning in 1819, and continuing 

22 through the 1880’s, there was a solid Rappahannock 

23 presence in the membership at Upper Essex Baptist 

24 Church. This is the first instance of conversion to 

25 Christianity by at least some Rappahannocks. Twen-
27

•HR 1938 IH 

1 ty-six identifiable and traceable Rappahannock sur2 names appear on the pre-1863 membership list; 28 

3 were listed on the 1863 membership roster; that 

4 number had declined to 12 in 1878 and had risen 

5 only slightly to 14 by 1888. One reason for the de6 cline: in 1870, a Methodist circuit rider, Joseph 

7 Mastin, secured funds to purchase land and con8 struct St. Stephens Baptist church for the 

9 Rappahannocks living nearby in Caroline County. 

10 Mastin documented from 1850 to 1870, ‘‘These In11 dians, having a great need for moral and Christian 

12 guidance’’. St. Stephens was the dominant tribal 

13 church until the Rappahannock Indian Baptist 

14 Church was established in 1964. At both, the core 

15 Rappahannock family names of Bird, Clarke, For16 tune, Johnson, Nelson, Parker, and Richardson pre17 dominate. 

18 (17) During the early 1900’s, James Mooney, 

19 noted anthropologist, maintained correspondence 

20 with the Rappahannocks, surveying them and in21 structing them on how to formalize their tribal gov22 ernment. 

23 (18) November 1920, Speck visited the 

24 Rappahannocks and assisted them in organizing the 

25 fight for their sovereign rights. In 1921, the 
28

•HR 1938 IH 

1 Rappahannocks were granted a charter from the 

2 Commonwealth of Virginia formalizing their tribal 

3 government. Speck began a professional relationship 

4 with the Tribe that would last more than 30 years 

5 and document Rappahannock history and traditions 

6 as never done before. 

7 (19) April 1921, Rappahannock Chief George 

8 Nelson asked the Governor of Virginia, Westmore9 land Davis, to forward a proclamation to the Presi10 dent of the United States. A list of tribal members 

11 and a handwritten copy of the proclamation itself 

12 were appended. The letter concerned Indian freedom 

13 of speech and assembly nationwide. 

14 (20) In 1922, the Rappahannocks established a 

15 formal school at Lloyds, Essex County, Virginia. 

16 Prior to that time, Rappahannock children were 

17 taught by a tribal member in Central Point, Caroline 

18 County, Virginia. 

19 (21) In December 1923, Rappahannock Chief 

20 George Nelson testified before the United States 

21 Congress appealing for a $50,000 appropriation to 

22 establish an Indian school in Virginia.

23 (22) In 1930, the Rappahannocks were engaged 

24 in an ongoing dispute with the Commonwealth of 

25 Virginia and the United States Census Bureau 
29

•HR 1938 IH 

1 about their classification in the 1930 Federal cen2 sus. In January 1930, Rappahannock Chief Otho S. 

3 Nelson wrote to the Chief Statistician of the United 

4 States Census Bureau asking that the 218 enrolled 

5 Rappahannocks be listed as Indians. In February, 

6 Leon Truesdell replied to Nelson saying that ‘‘spe7 cial instructions’’ were being given about classifying 

8 Indians. That April, Nelson wrote to William M. 

9 Steuart at the Census Bureau asking about the enu10 merators’ failure to classify his people as Indians. 

11 Nelson said that enumerators had not asked the 

12 question about race when they interviewed his peo13 ple. In a follow-up letter to Truesdell, Nelson re14 ported that the enumerators were ‘‘flatly denying’’ 

15 his people’s request to be listed as Indians. Further16 more, the race question was completely avoided dur17 ing interviews. The Rappahannocks had talked with 

18 Caroline and Essex County enumerators, and with 

19 John M.W. Green already, without success. Nelson 

20 asked Truesdell to list people as Indian if he sent a 

21 list of members. The matter was settled by William 

22 Steuart who concluded that the Bureau’s rule was 

23 that people of Indian descent could only be classified 

24 as ‘‘Indian’’ if Indian ‘‘blood’’ predominated and 

25 ‘‘Indian’’ identity was accepted in the local commu-
30

•HR 1938 IH 

1 nity. The Virginia Vital Statistics Bureau classed all 

2 nonreservation Indians as ‘‘negro’’, and it failed to 

3 see why ‘‘an exception should be made’’ for the 

4 Rappahannocks. Therefore, in 1925, the Indian 

5 Rights Association took on the Rappahannock case 

6 to assist them in fighting for their recognition and 

7 rights as an Indian Tribe. 

8 (23) During the Second World War, the 

9 Pamunkeys, Mattaponis, Chickahominies, and 

10 Rappahannocks had to fight the draft boards about 

11 their racial identity. The Virginia Vital Statistics 

12 Bureau insisted that certain Indian draftees be in13 ducted into Negro units. In the end, 3 

14 Rappahannocks were convicted of violating the Fed15 eral draft laws. After spending time in a Federal 

16 prison, they were granted conscientious objector sta17 tus and served out the remainder of the war working 

18 in military hospitals. 

19 (24) In 1943, Frank Speck noted that there 

20 were approximately 25 communities of Indians left

21 in the Eastern United States that were entitled to 

22 Indian classification. The Rappahannocks were in23 cluded in this grouping. 

24 (25) In the 1940’s, Leon Truesdell, Chief Stat25 istician, United States Bureau of the Census, listed 
31

•HR 1938 IH 

1 118 members in the Rappahannock tribe in the In2 dian population of Virginia. 

3 (26) April 25, 1940, the United States Depart4 ment of the Interior, Office of Indian Affairs in5 cludes the Rappahannocks in their list of Tribes by 

6 State and Agency. 

7 (27) In 1948, the Smithsonian Institution An8 nual Report included an article by William Harlen 

9 Gilbert entitled, ‘‘Surviving Indian Groups of the 

10 Eastern United States’’. The Rappahannock Tribe 

11 was included and described in this article. 

12 (28) In the late 1940’s and early 1950’s, the 

13 Rappahannocks operated a school at Indian Neck. 

14 The State agreed to pay a tribal teacher to teach 10 

15 students bused by King and Queen County to Shar16 on Indian School in King William County, Virginia. 

17 In 1965, Rappahannock students entered Marriott 

18 High School (a white public school) by Executive 

19 order of the Governor of Virginia. In 1972, the 

20 Rappahannocks worked with the Coalition of East21 ern Native Americans to fight for Federal recogni22 tion. In 1979, the Coalition established a pottery 

23 and artisans company, operating with other Virginia 

24 tribes. In 1980, the Rappahannocks received funding 
32

•HR 1938 IH 

1 through the Administration for Native Americans, to 

2 develop an economic program for the Tribe. 

3 (29) In 1983, the Rappahannocks received 

4 State recognition. 

5 SEC. 402. DEFINITIONS. 

6 For the purposes of this title—

7 (1) the term ‘‘Tribe’’ means the organization 

8 possessing the legal name Rappahannock Tribe, Inc., 

9 only and no other tribe, subtribe, band, or splinter 

10 groups representing themselves as Rappahannocks; 

11 (2) the term ‘‘Secretary’’ means the Secretary 

12 of the Interior; and 

13 (3) the term ‘‘member’’ means an enrolled 

14 member of the Tribe, as of the date of the enact15 ment of this Act, or an individual who has been 

16 placed on the membership rolls of the Tribe in ac17 cordance with this Act.

18 SEC. 403. FEDERAL RECOGNITION. 

19 (a) FEDERAL RECOGNITION.—Federal recognition is 

20 hereby extended to the Tribe, which entitles the 

21 Rappahannocks to all sovereign powers and rights as au22 tonomous Native American Nations. All laws and regula23 tions of the United States of general application to Indi24 ans or nations, tribes, or bands of Indians, including the 

25 Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are 
33

•HR 1938 IH 

1 not inconsistent with any specific provision of this Act, 

2 shall be applicable to the Tribe and its members. 

3 (b) FEDERAL SERVICES AND BENEFITS.—

4 (1) IN GENERAL.—The Tribe and its members 

5 shall be eligible, on and after the date of the enact6 ment of this Act, for all future services and benefits 

7 provided by the Federal Government to federally rec8 ognized Indian tribes without regard to the existence 

9 of a reservation for the Tribe or the location of the 

10 residence of any member on or near any Indian res11 ervation. 

12 (2) SERVICE AREA.—For purposes of the deliv13 ery of Federal services to enrolled members of the 

14 Tribe, the Tribe’s service area shall be deemed to be 

15 the area comprised of King and Queen, Caroline, 

16 and Essex Counties, Virginia. 

17 SEC. 404. MEMBERSHIP; GOVERNING DOCUMENTS. 

18 The membership roll and governing documents of the 

19 Tribe shall be the most recent membership roll and gov20 erning documents, respectively, submitted by the Tribe to 

21 the Secretary before the date of the enactment of this Act. 

22 SEC. 405. GOVERNING BODY. 

23 The governing body of the Tribe shall be the gov24 erning body in place on the date of the enactment of this 

25 Act, or any new governing body selected under the election 
34

•HR 1938 IH 

1 procedures specified in the governing documents of the 

2 Tribe. 

3 SEC. 406. RESERVATION OF THE TRIBE. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, if the Tribe transfers the land described in 

6 subsection (b) and any other land within the boundaries 

7 of King and Queen County, Essex County, and Caroline 

8 County, Virginia, to the Secretary, the Secretary shall 

9 take such land into trust for the benefit of the Tribe. 

10 (b) CONSTRUCTION.—No reservation or tribal lands 

11 or land taken into trust for the benefit of the Tribe shall 

12 be construed to satisfy the terms for an exception under 

13 section 20(b)(1)(B) of the Indian Gaming Regulatory Act 

14 (25 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming 

15 on lands acquired by the Secretary in trust for the benefit 

16 of an Indian tribe after October 17, 1988, under section 

17 20(a) of such Act (25 U.S.C. 2719(a)). 

18 SEC. 407. HUNTING, FISHING, TRAPPING, GATHERING, AND 

19 WATER RIGHTS. 

20 Nothing in this Act shall expand, reduce, or affect 

21 in any manner any hunting, fishing, trapping, gathering, 

22 or water rights of the Tribe and its members.
35

•HR 1938 IH 

1 TITLE V—MONACAN INDIAN 

2 NATION 

3 SEC. 501. FINDINGS. 

4 Congress makes the following findings: 

5 (1) In 1677, the Monacan Tribe signed the 

6 Treaty of Middle Plantation between Charles II of 

7 England and 12 Indian ‘‘Kings and Chief Men’’. 

8 (2) In 1722, in the Treaty of Albany, Governor 

9 Spotswood negotiated to save the Virginia Indians 

10 from extinction at the hands of the Iroquois. Specifi11 cally mentioned are the Monacan tribes of the 

12 Totero (Tutelo), Saponi, Ocheneeches (Occaneechi), 

13 Stengenocks, and Meipontskys. 

14 (3) In 1782, the First National Census records 

15 Benjamin Evans and Robert Johns, both ancestors 

16 of the present Monacan community. They are listed 

17 as white with mulatto children. Tax records also 

18 begin for these families. 

19 (4) In 1850, the Census records 29 families, 

20 mostly large, with Monacan surnames, who are gene21 alogically related to the present community. 

22 (5) In 1870, a log structure at the Bear Moun23 tain Indian Mission was built. In 1908, this struc24 ture became an Episcopal Mission and is now listed 

25 as a National Historic Landmark. 
36

•HR 1938 IH 

1 (6) In 1920, 304 Amherst Indians are listed on 

2 the Census. 

3 (7) From 1930 through 1931, a flurry of letters 

4 from Monacans to the United States Bureau of the 

5 Census results from Dr. Walter Plecker’s (head of 

6 State Bureau of Vital Statistics) decision not to 

7 allow Indians to register as such for the 1930 cen8 sus. The Monacans succeed in being allowed to claim 

9 their race, albeit with an asterisk attached to a note 

10 from Dr. Plecker stating that there are no Indians 

11 in Virginia. 

12 (8) In 1947, D’Arcy McNickle, a Salish Indian, 

13 saw some of the children at the Amherst Mission 

14 and requested that the Cherokee Agency visit them 

15 because they appeared to be Indian. This letter was 

16 forwarded to the Department of the Interior, Office 

17 of Indian Affairs, Chicago, Illinois. Chief Jarrett 

18 Blythe of the Eastern Band of Cherokee did visit the 

19 Mission and wrote that he ‘‘would be willing to ac20 cept these children in the Cherokee school’’. 

21 (9) In 1979, a Federal Coalition of Eastern Na22 tive Americans grant established the Monacan Co23 operative Pottery at the Mission. Some important 

24 pieces are produced, including one that was sold to 

25 the Smithsonian. 
37

•HR 1938 IH 

1 (10) In 1981, the Mattaponi-Pamunkey-Mona2 can Consortium was created and since organized as 

3 a nonprofit corporation that serves as a vehicle to 

4 obtain funds for the tribes through the Native Amer5 ican Program of the Job Training Partnership Act 

6 (Department of Labor). 

7 (11) In 1989, the Monacan Tribe is officially 

8 recognized by the Commonwealth of Virginia, which 

9 enables the Tribe to apply for grants and other pro10 grams. In 1993, the Tribe received tax-exempt sta11 tus as a nonprofit corporation from the Internal 

12 Revenue Service. 

13 SEC. 502. DEFINITIONS. 

14 For the purposes of this title—

15 (1) the term ‘‘Tribe’’ means the Monacan In16 dian Nation; 

17 (2) the term ‘‘Secretary’’ means the Secretary 

18 of the Interior; and 

19 (3) the term ‘‘member’’ means an enrolled 

20 member of the Tribe, as of the date of the enact21 ment of this Act, or an individual who has been 

22 placed on the membership rolls of the Tribe in ac23 cordance with this Act.
38

•HR 1938 IH 

1 SEC. 503. FEDERAL RECOGNITION. 

2 (a) FEDERAL RECOGNITION.—Federal recognition is 

3 hereby extended to the Tribe. All laws and regulations of 

4 the United States of general application to Indians or na5 tions, tribes, or Tribes of Indians, including the Act of 

6 June 18, 1934 (25 U.S.C. 461 et seq.) which are not in7 consistent with any specific provision of this Act, shall be 

8 applicable to the Tribe and its members. 

9 (b) FEDERAL SERVICES AND BENEFITS.—

10 (1) IN GENERAL.—The Tribe and its members 

11 shall be eligible, on and after the date of the enact12 ment of this Act, for all future services and benefits 

13 provided by the Federal Government to federally rec14 ognized Indian tribes without regard to the existence 

15 of a reservation for the Tribe or the location of the 

16 residence of any member on or near any Indian res17 ervation. 

18 (2) SERVICE AREA.—For purposes of the deliv19 ery of Federal services to enrolled members of the 

20 Tribe, the Tribe’s service area shall be deemed to be 

21 the area comprised of all lands within 25 miles of 

22 the center of Amherst, Virginia. 

23 SEC. 504. MEMBERSHIP; GOVERNING DOCUMENTS. 

24 The membership roll and governing documents of the 

25 Tribe shall be the most recent membership roll and gov-
39

•HR 1938 IH 

1 erning documents, respectively, submitted by the Tribe to 

2 the Secretary before the date of the enactment of this Act. 

3 SEC. 505. GOVERNING BODY. 

4 The governing body of the Tribe shall be the gov5 erning body in place on the date of the enactment of this 

6 Act, or any new governing body selected under the election 

7 procedures specified in the governing documents of the 

8 Tribe. 

9 SEC. 506. RESERVATION OF THE TRIBE. 

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of law, if the Tribe transfers to the Secretary a parcel 

12 consisting of approximately 10 acres located on Kenmore 

13 Road in Amherst County, Virginia, and a parcel of land 

14 consisting of approximately 165 acres located at the foot 

15 of Bear Mountain in Amherst County, Virginia, the Sec16 retary shall take such land into trust for the benefit of 

17 the Tribe. 

18 (b) CONSTRUCTION.—No reservation or tribal lands 

19 or land taken into trust for the benefit of the Tribe shall 

20 be construed to satisfy the terms for an exception under 

21 section 20(b)(1)(B) of the Indian Gaming Regulatory Act 

22 (25 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming 

23 on lands acquired by the Secretary in trust for the benefit 

24 of an Indian tribe after October 17, 1988, under section 

25 20(a) of such Act (25 U.S.C. 2719(a)). 
40

•HR 1938 IH 

1 SEC. 507. HUNTING, FISHING, TRAPPING, GATHERING, AND 

2 WATER RIGHTS. 

3 Nothing in this Act shall expand, reduce, or affect 

4 in any manner any hunting, fishing, trapping, gathering, 

5 or water rights of the Tribe and its members. 

6 TITLE VI—NANSEMOND INDIAN 

7 TRIBE 

8 SEC. 601. FINDINGS. 

9 Congress makes the following findings: 

10 (1) From 1607 until 1646, Nansemonds lived 

11 about 30 miles from Jamestown; were major players 

12 in English-Indian affairs in those years. After 1646, 

13 there were 2 sections of the tribe, in communication 

14 with each other: the Christianized Nansemonds in 

15 Norfolk County lived as citizens, while the tradition16 alist Nansemonds farther west (various counties) 

17 had a reservation. 

18 (2) In 1638, a Norfolk County Englishman 

19 married a Nansemond woman, according to an entry 

20 in a 17th century sermon book still owned by the 

21 Chief’s family. The couple are lineal ancestors of all 

22 of the present Nansemond tribe (so are some of the 

23 traditionalists). 

24 (3) In 1669, the Tribe’s 2 sections appeared in 

25 Virginia Colony’s census of Indian bowmen. 
41

•HR 1938 IH 

1 (4) In 1677, Nansemonds were signatories to 

2 the Treaty of 1677 with the King of England. 

3 (5) In 1700 and 1704, the Nansemonds and 

4 other Virginia tribes were prevented by Virginia Col5 ony from making a separate peace with the Iroquois. 

6 Virginia represented them in the final Treaty of Al7 bany, 1722. 

8 (6) In 1711, the Nansemonds had a boy at the 

9 Indian School at the College of William and Mary. 

10 (7) In 1727, Norfolk County allowed to William 

11 Bass and kinsmen the ‘‘Indian privileges’’ of clear12 ing swamp land and bearing arms (forbidden to 

13 other nonwhites) because of their Nansemond de14 scent, which meant they were original inhabitants of 

15 said land. 

16 (8) In 1742, Norfolk County issued a certificate 

17 of Nansemond descent to William Bass. 

18 (9) From the 1740’s to the 1790’s, the tradi19 tionalist section of the Nansemond tribe, 40 miles 

20 west, was dealing with reservation lands. The last 

21 surviving members of that section sold out in 1792, 

22 with permission of the Commonwealth of Virginia. 

23 (10) In 1797, Norfolk County issued a certifi24 cate stating that William Bass was of Indian and 

25 English descent; the Indian line of ancestry ran di-
42

•HR 1938 IH 

1 rectly back to the early 18th century elder in a tra2 ditionalist section of Nansemonds on the reservation.

3 (11) In 1833, a State law passed enabling Eu4 ropean and Indian descended people to get a special 

5 certificate of ancestry; a bill originated from the 

6 county where Nansemonds lived, and mostly 

7 Nansemonds took advantage of the law (few people 

8 in other counties). 

9 (12) Around 1850, a Methodist mission was es10 tablished for Nansemonds which is now a standard 

11 Methodist congregation and still with Nansemond 

12 members. 

13 (13) In 1901, Smithsonian anthropologist 

14 James Mooney visited the Nansemonds and took a 

15 tribal census counting 61 households. The census 

16 was later published. 

17 (14) In 1922, Nansemonds got a special Indian 

18 school in Norfolk County’s segregated school system. 

19 The school survived only a few years. 

20 (15) In 1928, University of Pennsylvania an21 thropologist Frank Speck published a book on mod22 ern Virginia Indians with a section on the 

23 Nansemonds.
43

•HR 1938 IH 

1 (16) In 1984, the Nansemonds were organized 

2 formally, with elected officers; then applied for and 

3 won State recognition. 

4 SEC. 602. DEFINITIONS. 

5 For the purposes of this title—

6 (1) the term ‘‘Tribe’’ means the Nansemond In7 dian Tribe; 

8 (2) the term ‘‘Secretary’’ means the Secretary 

9 of the Interior; and 

10 (3) the term ‘‘member’’ means an enrolled 

11 member of the Tribe, as of the date of the enact12 ment of this Act, or an individual who has been 

13 placed on the membership rolls of the Tribe in ac14 cordance with this Act.

15 SEC. 603. FEDERAL RECOGNITION. 

16 (a) FEDERAL RECOGNITION.—Federal recognition is 

17 hereby extended to the Tribe. All laws and regulations of 

18 the United States of general application to Indians or na19 tions, tribes, or bands of Indians, including the Act of 

20 June 18, 1934 (25 U.S.C. 461 et seq.) which are not in21 consistent with any specific provision of this Act, shall be 

22 applicable to the Tribe and its members. 

23 (b) FEDERAL SERVICES AND BENEFITS.—

24 (1) IN GENERAL.—The Tribe and its members 

25 shall be eligible, on and after the date of the enact-
44

•HR 1938 IH 

1 ment of this Act, for all future services and benefits 

2 provided by the Federal Government to federally rec3 ognized Indian tribes without regard to the existence 

4 of a reservation for the Tribe or the location of the 

5 residence of any member on or near any Indian res6 ervation. 

7 (2) SERVICE AREA.—For purposes of the deliv8 ery of Federal services to enrolled members of the 

9 Tribe, the Tribe’s service area shall be deemed to be 

10 the area comprised of the cities of Chesapeake, 

11 Hampton, Newport News, Norfolk, Portsmouth, Suf12 folk, and Virginia Beach, Virginia. 

13 SEC. 604. MEMBERSHIP. 

14 Not later than 18 months after the date of the enact15 ment of this Act, the Tribe shall submit to the Secretary 

16 a membership roll consisting of all individuals currently 

17 enrolled for membership in the Tribe. The qualifications 

18 for inclusion on the membership roll of the Tribe shall be 

19 determined by the membership clauses in the Tribe’s gov20 erning document, in consultation with the Secretary. 

21 Three months after the date of the enactment of this Act 

22 the Secretary shall publish notice of such in the Federal 

23 Register. The Tribe shall ensure that such roll is main24 tained and kept current. 
45

•HR 1938 IH 

1 SEC. 605. GOVERNING DOCUMENTS AND GOVERNING BODY. 

2 (a) GOVERNING DOCUMENTS.—The governing docu3 ments of the Tribe in effect on the date of enactment of 

4 this Act shall be the interim governing documents for the 

5 Tribe until such documents are changed in accordance 

6 with the documents. 

7 (b) GOVERNING BODY.—The governing body of the 

8 Tribe shall be the governing body in place on the date 

9 of the enactment of this Act, or any new governing body 

10 selected under the election procedures specified in the gov11 erning documents of the Tribe. 

12 SEC. 606. RESERVATION OF THE TRIBE. 

13 (a) IN GENERAL.—Notwithstanding any other provi14 sion of law, if the Tribe transfers any land it acquires to 

15 the Secretary, the Secretary may take such land into trust 

16 for the benefit of the Tribe. 

17 (b) CONSTRUCTION.—No reservation or tribal lands 

18 or land taken into trust for the benefit of the Tribe shall 

19 be construed to satisfy the terms for an exception under 

20 section 20(b)(1)(B) of the Indian Gaming Regulatory Act 

21 (25 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming 

22 on lands acquired by the Secretary in trust for the benefit 

23 of an Indian tribe after October 17, 1988, under section 

24 20(a) of such Act (25 U.S.C. 2719(a)). 
46

•HR 1938 IH 

1 SEC. 607. HUNTING, FISHING, TRAPPING, GATHERING, AND 

2 WATER RIGHTS. 

3 Nothing in this Act shall expand, reduce, or affect 

4 in any manner any hunting, fishing, trapping, gathering, 

5 or water rights of the Tribe and its members.

Æ