I

106TH CONGRESS

2D SESSION H. R. 5073

To extend Federal recognition to the Chickahominy Tribe, the Chickahominy

Indian Tribe—Eastern Division, the Mattaponi Tribe, the Upper

Mattaponi Tribe, the Pamunkey Tribe, the Rappahannock Tribe, Inc.,

the Monacan Tribe, and the Nansemond Tribe.

IN THE HOUSE OF REPRESENTATIVES

JULY 27, 2000

Mr. MORAN of Virginia introduced the following bill; which was referred to

the Committee on Resources

A BILL

To extend Federal recognition to the Chickahominy Tribe,

the Chickahominy Indian Tribe—Eastern Division, the

Mattaponi Tribe, the Upper Mattaponi Tribe, the

Pamunkey Tribe, the Rappahannock Tribe, Inc., the

Monacan Tribe, and the Nansemond 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 2000’’.
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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 1723, 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.W. 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.W. 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 the enact7 ment of this Act, or an individual who has been

8 placed on the membership rolls of the Tribe in ac9 cordance with 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
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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.

8 Not later than 18 months after the date of the enact9 ment of this Act, the Tribe shall submit to the Secretary

10 a membership roll consisting of all individuals currently

11 enrolled for membership in the Tribe. The qualifications

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

13 determined by the membership clauses in the Tribe’s gov14 erning document, in consultation with the Secretary. Upon

15 completion of the roll, the Secretary shall immediately

16 publish notice of such in the Federal Register. The Tribe

17 shall ensure that such roll is maintained and kept current.

18 SEC. 105. CONSTITUTION AND GOVERNING BODY.

19 (a) CONSTITUTION.—

20 (1) ADOPTION.—Not later than 24 months

21 after the date of the enactment of this Act, the

22 Tribe shall conduct, by secret ballot, an election to

23 adopt a constitution and bylaws for the Tribe.

24 (2) INTERIM GOVERNING DOCUMENTS.—Until

25 such time as a new constitution is adopted under
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1 paragraph (1), the governing documents in effect on

2 the date of enactment of this Act shall be the in3 terim governing documents for the Tribe.

4 (b) OFFICIALS.—

5 (1) ELECTION.—Not later than 6 months after

6 the Tribe adopts a constitution and bylaws pursuant

7 to subsection (a), the Tribe shall conduct elections

8 by secret ballot for the purpose of electing officials

9 for the Tribe as provided in the constitution and by10 laws.

11 (2) INTERIM GOVERNMENT.—Until such time

12 as the Tribe elects new officials pursuant to para13 graph (1), the governing body of the Tribe shall be

14 the governing body in place on the date of the enact15 ment of this Act, or any new governing body selected

16 under the election procedures specified in the in17 terim governing documents of the Tribe.

18 SEC. 106. RESERVATION OF THE TRIBE.

19 Notwithstanding any other provision of law, if, not

20 later than 25 years after the date of the enactment of this

21 Act, the Tribe transfers land within the boundaries of the

22 Virginia counties of Charles City, James City, or Henrico,

23 to the Secretary, the Secretary shall take such land into

24 trust for the benefit of the Tribe.
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1 SEC. 107. 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 II—CHICKAHOMINY IN7 DIAN TRIBE—EASTERN DIVI8 SION

9 SEC. 201. FINDINGS.

10 Congress makes the following findings:

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

12 along the Virginia coastline, the Chickahominy were

13 one of about 30 tribes who received them.

14 (2) In 1614, the Chickahominy Indian Tribe

15 signed a treaty with Sir Thomas Dale, Governor of

16 the Jamestown Colony, agreeing to provide 2 bushels

17 of corn per man and send warriors to protect the

18 English. Sir Thomas Dale agreed in return to allow

19 the Tribe to continue to practice their own tribal

20 governance.

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

22 the Chickahominy from their homeland to the area

23 around the York River in present-day King William

24 County, leading to the formation of a reservation.
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1 (4) In 1677, following Bacon’s Rebellion, the

2 Queen of Pamunkey signed the Treaty of Middle

3 Plantation on behalf of the Chickahominy.

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

5 their reservation, which caused the loss of a land

6 base.

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

8 in Williamsburg established a grammar school for

9 Indians called Brafferton College. A Chickahominy

10 child was one of the first Indians to attend.

11 (7) In 1750, the Chickahominy Indian Tribe

12 started to migrate from King William County back

13 to the area around the Chickahominy River in New

14 Kent and Charles City Counties.

15 (8) In 1793, A Baptist missionary named

16 Bradby took refuge with the Chickahominy and took

17 a Chickahominy woman as his wife.

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

19 modern-day Chickahominy Indian Tribe began to

20 appear in the Charles City County census records.

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

22 Indians in New Kent County which is believed to be

23 the beginning of the Chickahominy Indian Tribe24 Eastern Division. Records were destroyed when the
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1 New Kent County courthouse was burned. A State

2 census was the only record at this time.

3 (11) In 1901, the Chickahominy’s formed Sa4 maria Baptist Church. During the first few decades

5 of the 20th century, Chickahominy men were as6 sessed a tribal tax so that their children could re7 ceive an education. The Tribe used the proceeds

8 from this tax to build the first Samaria Indian

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

10 (12) In 1910, a school was stared in New Kent

11 County for the Chickahominy Indian Tribe-Eastern

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

13 room school.

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

15 Tribe-Eastern Division began forming their own

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

17 the Tribe and was elected to be Chief.

18 (14) In 1922, Tsena Commocko Baptist Church

19 was organized.

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

21 issued to the Chickahominy Indian Tribe-Eastern

22 Division.

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

24 students were bused to Samaria Indian School in

25 Charles City County.
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1 (17) In 1967, both Chickahominy tribes lost

2 their school to integration.

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

4 built a new sanctuary to accommodate church

5 growth.

6 (19) In 1983, the Chickahominy Indian Tribe7 Eastern Division was granted State recognition

8 along with 5 other Virginia Indian tribes.

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

10 was organized as a State agency and the Chicka11 hominy Indian Tribe-Eastern Division was appointed

12 to a seat on the Council.

13 (21) In 1988, the United Indians of Virginia

14 were organized as the Virginia Council on the Indi15 ans, a [none] State agency, the Chickahominy In16 dian Tribe-Eastern Division was granted a seat on

17 the organization. Chief Marvin ‘‘Strongoak’’ Bradby

18 is presently serving as the chairperson.

19 SEC. 202. DEFINITIONS.

20 For the purposes of this title—

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

22 Indian Tribe—Eastern Division;

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

24 of the Interior; and
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1 (3) the term ‘‘member’’ means an enrolled

2 member of the Tribe, as of the date of the enact3 ment of this Act, or an individual who has been

4 placed on the membership rolls of the Tribe in ac5 cordance with this Act.

6 SEC. 203. FEDERAL RECOGNITION.

7 (a) FEDERAL RECOGNITION.—Federal recognition is

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

9 the United States of general application to Indians or na10 tions, tribes, or bands of Indians, including the Act of

11 June 18, 1934 (25 U.S.C. 461 et seq.) which are not in12 consistent with any specific provision of this Act, shall be

13 applicable to the Tribe and its members.

14 (b) FEDERAL SERVICES AND BENEFITS.—

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

16 shall be eligible, on and after the date of the enact17 ment of this Act, for all future services and benefits

18 provided by the Federal Government to federally rec19 ognized Indian tribes without regard to the existence

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

21 residence of any member on or near any Indian res22 ervation.

23 (2) SERVICE AREA.—For purposes of the deliv24 ery of Federal services to enrolled members of the
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1 Tribe, the Tribe’s service area shall be deemed to be

2 the area comprised of New Kent County, Virginia.

3 SEC. 204. MEMBERSHIP.

4 Not later than 18 months after the date of the enact5 ment of this Act, the Tribe shall submit to the Secretary

6 a membership roll consisting of all individuals currently

7 enrolled for membership in the Tribe. The qualifications

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

9 determined by the membership clauses in the Tribe’s gov10 erning document, in consultation with the Secretary. Upon

11 completion of the roll, the Secretary shall immediately

12 publish notice of such in the Federal Register. The Tribe

13 shall ensure that such roll is maintained and kept current.

14 SEC. 205. CONSTITUTION AND GOVERNING BODY.

15 (a) CONSTITUTION.—

16 (1) ADOPTION.—Not later than 24 months

17 after the date of the enactment of this Act, the

18 Tribe shall conduct, by secret ballot, an election to

19 adopt a constitution and bylaws for the Tribe.

20 (2) INTERIM GOVERNING DOCUMENTS.—Until

21 such time as a new constitution is adopted under

22 paragraph (1), the governing documents in effect on

23 the date of enactment of this Act shall be the in24 terim governing documents for the Tribe.

25 (b) OFFICIALS.—
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1 (1) ELECTION.—Not later than 6 months after

2 the Tribe adopts a constitution and bylaws pursuant

3 to subsection (a), the Tribe shall conduct elections

4 by secret ballot for the purpose of electing officials

5 for the Tribe as provided in the constitution and by6 laws.

7 (2) INTERIM GOVERNMENT.—Until such time

8 as the Tribe elects new officials pursuant to para9 graph (1), the governing body of the Tribe shall be

10 the governing body in place on the date of the enact11 ment of this Act, or any new governing body selected

12 under the election procedures specified in the in13 terim governing documents of the Tribe.

14 SEC. 206. RESERVATION OF THE TRIBE.

15 Notwithstanding any other provision of law, if, not

16 later than 25 years after the date of the enactment of this

17 Act, the Tribe transfers any land within the boundaries

18 of New Kent County, James City County, or Henrico

19 County, Virginia, to the Secretary, the Secretary shall

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

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

22 WATER RIGHTS.

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

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

25 or water rights of the Tribe and its members.
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1 TITLE III—MATTAPONI TRIBE

2 SEC. 301. FINDINGS.

3 Congress makes the following findings:

4 (1) The Mattaponi Indian Tribe and the

5 Mattaponi Indian people have been identified from

6 historical times until the present on a substantially

7 continuous basis as ‘‘American Indians’’ by anthro8 pologists, historians, and other scholars.

9 (2) In 1607, the Mattaponi Indians were identi10 fied by name by the English explorers John Smith,

11 who noted that they were living along the Mattaponi

12 River, and William Strachey, who placed the number

13 of their warriors at 140. The Mattaponi Tribe was

14 1 of the 6 tribes under the leadership of Chief Pow15 hatan in the late 16th century.

16 (3) During the war of 1644–1646, the

17 Mattaponi fled their homeland along the Mattaponi

18 River and took refuge in the highlands along

19 Piscataway Creek. With the cessation of hostilities,

20 the tribe gradually returned to its homeland. In

21 1656–1657, the King and greatmen of the

22 Mattaponi Tribe signed peace treaties with the

23 Court of Rappahannock County and the justices of

24 Old Rappahannock County in which the tribal mem-
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1 bers were to be treated as Englishmen as far as

2 court and civil rights were concerned.

3 (4) During Bacon’s Rebellion, the Mattaponi

4 and Pamunkey were subjected to attacks by forces

5 under Nathaniel Bacon. At the end of that conflict,

6 the Virginia colony signed the Treaty of Middle

7 Plantation on May 29, 1677. The treaty was signed

8 on behalf of the Mattaponi Tribe by Cockacoeske,

9 who was Weroansqua (or ‘‘Chief’’) of the Powhatan

10 Chiefdom. Cockacoeske had become the head of the

11 Powhatan Chiefdom upon the death of her husband

12 Totopotamoy, in 1656. The Treaty of Middle Plan13 tation required, among other provisions, that the

14 Powhatan Chiefdom provide an annual tribute to the

15 Governor of Virginia. The Mattaponi and Pamunkey

16 Tribes continue to provide that tribute.

17 (5) In 1685, the Mattaponi, along with the

18 Pamunkey and Chickahominy Tribes, attended a

19 treaty conference at Albany.

20 (6) The Mattaponi continued to occupy their

21 reservation throughout the 17th and 18th centuries,

22 as acknowledged by encroachments on tribal land

23 during that time period, the presence of a Baptist

24 missionary who worked with the Tribe beginning in

25 the second quarter of the eighteenth century, and by
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1 the comments of then Governor Thomas Jefferson in

2 1781. Throughout their history, the Mattaponi had

3 their own tribal government separate from the Pow4 hatan leadership, although the tribe remained a part

5 of that Chiefdomship.

6 (7) The same patterns of occupation and inter7 nal political control continued throughout the nine8 teenth century, with the Mattaponi repeatedly de9 fending themselves and their land against efforts by

10 local officials and individuals to dispose of their

11 property and deny their existence as a tribe. In

12 1812, an effort was made to take an acre of land

13 from the Mattaponi Tribe for a dam, but it was de14 feated, and in 1843, the so-called ‘‘Gregory Peti15 tion’’ alleged that the Pamunkey and Mattaponi

16 were no longer Indians. This effort to remove the

17 Mattaponi and Pamunkey from their lands was also

18 defeated. At about the same time, the historian

19 Henry Howe reported that there were 2 Indian

20 groups living in King William County, the

21 Pamunkey and the Mattaponi. In 1865, the

22 Pamunkey Baptist Church was formed, which many

23 Mattaponi attended over the years.

24 (8) Throughout the 19th century, the

25 Mattaponi Tribe had its own tribal leadership. In
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1 1868, the Mattaponi Tribe submitted a list of its

2 Chiefs, headmen and members to the Governor. The

3 list identified the Chief as Ellston Major, headmen

4 as Austin Key and Robert Toopence, and tribal

5 members as Nancy Franklin, Claiborne Key, Austin

6 Key, Jno Anderson Key, Henry Major, Ellston

7 Major, Ellwood Major, Lee Franklin Major, Coley

8 Major, Mary Major, Parkey Major, John Major,

9 Park Farley Toopence, Elizabeth Toopence, Robert

10 Toopence, Emeline Toopence, Laura Toopence,

11 Mary Catherine Toopence, James C. Toopence, and

12 Lucy J. Toopence. The list was signed by Hardin

13 Littlepage and William J. Trimmer, Trustees for the

14 tribe. Present-day tribal members trace back to the

15 individuals on that list. In the same year, L.D. Rob16 inson, another trustee for the Tribe, reported on a

17 road dispute involving access to the reservation. In

18 an effort to resolve the dispute, the Tribe petitioned

19 Governor Wells to prevent the blocking of the road.

20 (9) As the last two tribes to function as part

21 of the Powhatan Chiefdom, the Pamunkey and

22 Mattaponi Tribes were treated by the Common23 wealth of Virginia as a single administrative entity

24 until 1894, when the Mattaponi formally separated

25 from the Pamunkey-led Powhatan Chiefdom. The
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1 Commonwealth’s general assembly responded in

2 1894 by appointing five trustees to the Mattaponi

3 Tribe. The Mattaponi, like the Pamunkey Tribe,

4 were declared exempt from certain local and county

5 taxes. For its part, the Mattaponi Tribe adopted by6 laws for its governance and established a school on

7 its reservation.

8 (10) During the 20th century, the Mattaponi

9 Tribe and its reservation have been repeatedly ac10 knowledged by the Commonwealth’s Governors and

11 Attorneys General. The Mattaponi Tribe has been

12 repeatedly identified in scholarly publications and

13 newspaper articles.

14 (11) The Mattaponi Tribal Council continues to

15 exercise its autonomous control over the affairs of

16 the reservation. It assigns land for its members’ use,

17 settles internal disputes, maintains tribal property,

18 and protects the interests of the Mattaponi Tribe in

19 its relationships with local, State, and Federal Gov20 ernments. It continues to maintain its obligations

21 under the Treaty of Middle Plantation of 1677 by

22 giving to the Governor of the Commonwealth of Vir23 ginia the annual tribute.

24 SEC. 302. DEFINITIONS.

25 For the purposes of this title—
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1 (1) the term ‘‘Tribe’’ means the Mattaponi

2 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 the enact7 ment of this Act, or an individual who has been

8 placed on the membership rolls of the Tribe in ac9 cordance with this Act.

10 SEC. 303. 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
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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 the Counties of King William,

7 King and Queen, Hanover, Henrico, and Chester8 field, and the cities of Richmond and Virginia Beach

9 in Virginia.

10 SEC. 304. MEMBERSHIP.

11 Not later than 18 months after the date of the enact12 ment of this Act, the Tribe shall submit to the Secretary

13 a membership roll consisting of all individuals currently

14 enrolled for membership in the Tribe. The qualifications

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

16 determined by the membership clauses in the Tribe’s gov17 erning document, in consultation with the Secretary. Upon

18 completion of the roll, the Secretary shall immediately

19 publish notice of such in the Federal Register. The Tribe

20 shall ensure that such roll is maintained and kept current.

21 SEC. 305. CONSTITUTION AND GOVERNING BODY.

22 (a) CONSTITUTION.—

23 (1) ADOPTION.—Not later than 24 months

24 after the date of the enactment of this Act, the
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1 Tribe shall conduct, by secret ballot, an election to

2 adopt a constitution and bylaws for the Tribe.

3 (2) INTERIM GOVERNING DOCUMENTS.—Until

4 such time as a new constitution is adopted under

5 paragraph (1), the governing documents in effect on

6 the date of enactment of this Act shall be the in7 terim governing documents for the Tribe.

8 (b) OFFICIALS.—

9 (1) ELECTION.—Not later than 6 months after

10 the Tribe adopts a constitution and bylaws pursuant

11 to subsection (a), the Tribe shall conduct elections

12 by secret ballot for the purpose of electing officials

13 for the Tribe as provided in the constitution and by14 laws.

15 (2) INTERIM GOVERNMENT.—Until such time

16 as the Tribe elects new officials pursuant to para17 graph (1), the governing body of the Tribe shall be

18 the governing body in place on the date of the enact19 ment of this Act, or any new governing body selected

20 under the election procedures specified in the in21 terim governing documents of the Tribe.

22 SEC. 306. RESERVATION OF THE TRIBE.

23 (a) LAND HELD IN TRUST BY STATE.—Notwith24 standing any other provision of law, if the Commonwealth

25 of Virginia transfers to the Secretary any land which is
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1 held in trust by that State for the benefit of the Tribe

2 on the date of the enactment of this Act, the Secretary

3 shall take such land into trust for the benefit of the Tribe.

4 (b) OTHER LAND.—Notwithstanding any other provi5 sion of law, if the Tribe transfers any land within the

6 boundaries of King William County, Virginia, to the Sec7 retary, the Secretary shall take such land into trust for

8 the benefit of the Tribe.

9 SEC. 307. 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 IV—UPPER MATTAPONI

15 TRIBE

16 SEC. 401. 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 Mattoponi 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. 402. 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-
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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. 403. 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 comprised of King William, Richmond,

25 Henrico, Petersburg, Chesterfield, Newport News,
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1 Chesapeake, Hanover, and Hopewell Counties in the

2 Commonwealth of Virginia.

3 SEC. 404. MEMBERSHIP.

4 Not later than 18 months after the date of the enact5 ment of this Act, the Tribe shall submit to the Secretary

6 a membership roll consisting of all individuals currently

7 enrolled for membership in the Tribe. The qualifications

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

9 determined by the membership clauses in the Tribe’s gov10 erning document, in consultation with the Secretary. Upon

11 completion of the roll, the Secretary shall immediately

12 publish notice of such in the Federal Register. The Tribe

13 shall ensure that such roll is maintained and kept current.

14 SEC. 405. CONSTITUTION AND GOVERNING BODY.

15 (a) CONSTITUTION.—

16 (1) ADOPTION.—Not later than 24 months

17 after the date of the enactment of this Act, the

18 Tribe shall conduct, by secret ballot, an election to

19 adopt a constitution and bylaws for the Tribe.

20 (2) INTERIM GOVERNING DOCUMENTS.—Until

21 such time as a new constitution is adopted under

22 paragraph (1), the governing documents in effect on

23 the date of enactment of this Act shall be the in24 terim governing documents for the Tribe.

25 (b) OFFICIALS.—
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1 (1) ELECTION.—Not later than 6 months after

2 the Tribe adopts a constitution and bylaws pursuant

3 to subsection (a), the Tribe shall conduct elections

4 by secret ballot for the purpose of electing officials

5 for the Tribe as provided in the constitution and by6 laws.

7 (2) INTERIM GOVERNMENT.—Until such time

8 as the Tribe elects new officials pursuant to para9 graph (1), the governing body of the Tribe shall be

10 the governing body in place on the date of the enact11 ment of this Act, or any new governing body selected

12 under the election procedures specified in the in13 terim governing documents of the Tribe.

14 SEC. 406. RESERVATION OF THE TRIBE.

15 Notwithstanding any other provision of law, if the

16 Tribe transfers any land within the boundaries of King

17 William County to the Secretary, the Secretary shall take

18 such land into trust for the benefit of the Tribe.

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

20 WATER RIGHTS.

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

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

23 or water rights of the Tribe and its members.
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1 TITLE V—PAMUNKEY TRIBE

2 SEC. 501. FINDINGS.

3 Congress makes the following findings:

4 (1) The Pamunkey Indian Tribe and the

5 Pamunkey Indian people have been identified from

6 historical times until the present on a substantially

7 continuous basis as ‘‘American Indians,’’ by anthro8 pologists, historians, and other scholars.

9 (2) The data show that the Pamunkey Tribe

10 has been continuously identified as an American In11 dian tribe since earliest contact. The Federal Gov12 ernment has repeatedly recognized the Tribe and its

13 members in Federal censuses, reports, memos and

14 letters, and legislation. The Colony and Common15 wealth of Virginia have identified the Tribe since the

16 early 1600’s.

17 (3) The Tribe maintained a close relationship

18 with the Colony, which provided land for the Tribe

19 and its trustees, and sought to protect the Tribe

20 from settlers. The Commonwealth of Virginia took

21 over the same responsibility and repeatedly recog22 nized the independence of the Pamunkey Tribe, its

23 rights and sovereignty on its land, and sought

24 through legislation to continue the protection of that

25 land base.
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1 (4) The year 1646 was a major turning point

2 in the political and social history of the Pamunkey

3 Tribe. In that year the Powhatan signed a treaty

4 with the English. The treaty made with the

5 Pamunkey Chief and other Powhatan subjects re6 quired the payment of an annual tribute of 20 bea7 ver skins by the Tribe to the English.

8 (5) Throughout the struggles of the Powhatan

9 Indians with the English in the 17th century, the

10 Pamunkeys were never dislodged from their aborigi11 nal territories. In 1649, their Chief Tottopottomoy

12 received title to 5,000 acres for the Tribe as a result

13 of the treaty of 1646. Problems with settlers on the

14 Pamunkey lands led the Virginia Assembly to act on

15 their removal in 1653.

16 (6) In 1658, the Tribe was again secured in the

17 land it had and ‘‘. . . those English which are lately

18 gone to seat near the Pamunkies, and Chicominyes,

19 on the north side of the Pamunkie river, shall be

20 recalled . . .’’ (Laws of the Colonial and State Gov21 ernment 1832). The same law protected the rights

22 of the Tribes to hunt, but limited their range.

23 (7) The Pamunkey Tribe suffered grievously

24 during Bacon’s Rebellion, although it was in no way

25 involved in the events which gave excuse for the at-
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1 tacks. Early in 1676, Bacon and his supporters

2 threatened the Pamunkeys, causing them to flee

3 their village; their deserted lands were then declared

4 available for settlement. In June of the same year

5 the tribal leader Cockacoeske was called to Rich6 mond and ordered to provide guides for the militia.

7 Rountree describes the meeting with the Governor’s

8 council: (Available upon request.)

9 (8) On May 29, 1677, the tribes, including

10 Pamunkey, which had not warred against the

11 English, signed the Treaty of Middle Plantation.

12 Signing for the Pamunkey, Cockacoeske and her

13 son, Captain John West. According to the treaty,

14 the signers acknowledged that they were subjects of

15 the King. The Tribe continued possession of its res16 ervation, but was required to pay an annual tribute

17 of 20 beaver skins and 3 arrows. The Pamunkey

18 leader was to act as the responsible authority for all,

19 and the English were prohibited from settling within

20 3 miles of the reservation.

21 (9) In 1792, the Pamunkey Tribe took its

22 claims to Pamunkey Neck to the House of Bur23 gesses, where the claims were examined by Robert

24 Beverley. No action was taken on the claim. The

25 land ownership system of Virginia was a confusion
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1 of conflicting claims that lead the colony, in 1662,

2 to impose a system of land processioning. This re3 quired that every 4 years the property boundaries of

4 every parcel be remarked. The law was modified in

5 1705 and 1710 to make its enforcement easier. The

6 Pamunkey were well aware of the law and its im7 port.

8 (10) In 1715, Queen Ann of the Pamunkeys, in

9 behalf of herself and her nation, protested to Gov10 ernor Spotswood against the settlers going beyond

11 the bounds of land the Pamunkey had sold. The pe12 tition stated that no notice of survey had been given

13 to them. This seemed to them manifestly unjust,

14 ‘‘since when other people possession (sic) their

15 bound (as we are informed is customary once in four

16 years) yor Petitioners never had no notice of the

17 same, or ever was warned to any possessioning.’’.

18 (11) Rountree sums up the Tribe’s problems

19 and efforts as follows: ‘‘Pamunkey land holdings

20 were still considerable in 1706, though not all

21 English claims had been cleared as yet. English

22 claimants kept appearing, and in spite of Pamunkey

23 protests about encroachments, many of the claims

24 exhibited in Williamsburg were often found to be

25 good, since they dated from 1702–1704, a period in
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1 which many legal land transfers were made in

2 Pamunkey Neck.’’.

3 (12) By 1715, when Queen Ann complained of

4 English buyers not notifying the Tribe of surveys to

5 be made, and of surveying more land than they had

6 bought, the Tribe made up its collective mind to sell

7 no more land to anyone; it would only make leases.

8 But problems continued with Englishmen claiming

9 land and clearing too much. In 1718, the matter was

10 finally turned over to the King William County

11 court, whose records are no longer extant. In 1723,

12 1 last purchase of land, originally made in 1687,

13 was ratified by the Assembly at the Pamunkeys’ re14 quest. Meanwhile, the Pamunkeys had more trouble

15 with an English neighbor who hindered their hunt16 ing; in 1717, the colonial council ordered him to de17 sist. (Rountree 199:163–164).

18 (13) In 1748, the Virginia assembly appointed

19 3 whites to act as tribal trustees to handle a sale of

20 land necessitated by expenses for food, clothing, and

21 medical care. The tribal request was made by 7 men

22 of the Tribe. In 1759, the General Assembly, at the

23 request of the Tribe, put a small tract of land in the

24 control of the trustees, the land to be leased for the

25 benefit of the Tribe.
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1 (14) In 1792, the General Assembly passed leg2 islation making it illegal for whites to purchase In3 dian land, setting the penalty as a fine and loss of

4 the land, and defending and securing ‘‘. . . their

5 persons, goods and properties; and whosoever shall

6 defraud or take from their goods, or do hurt or in7 jury to their persons, shall make satisfaction, and be

8 punished for the same according to law, as if the In9 dian sufferer had been a citizen of this Common10 wealth.’’.

11 (15) Throughout the 18th century and into the

12 19th century the tribal government of the Pamunkey

13 consisted of an ‘‘informal council’’. As early as 1798,

14 this council established rules for the management of

15 the reservation.

16 (16) In 1812, the Pamunkey tribal structure

17 had solidified. A petition of that year regarding the

18 leasing of land begins as follows: ‘‘We the under19 signed headmen and Chiefs of the Pamunkey Tribe

20 of Indian . . .’’ It is signed by the following individ21 uals: Willis Langston, William Cooper, James

22 Langston, Thomas Cooke, Archibal Langston, Louis

23 Gunn, William Gunn, Gideon Langston, John Samp24 son, William Sampson, John Mursh, Louis

25 Langston, and Henry Sampson (Petition 1812). An
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1 article in a local newspaper, dated September 5,

2 1818, provides further detail on the political struc3 ture of the Tribe.

4 (17) The government of the Indian town is sin5 gular and truly republican. They elect 9 gentlemen

6 of their neighborhood, who act as trustees and at7 tend at the passing of any of their laws. These trust8 ees are not vested with the power of proposing or

9 making laws for the Indian, but only of recording

10 their laws in a book, and objecting to such as seem

11 injurious to the Commonwealth of Virginia. Every

12 Indian, male or female, of the age of 18, has a vote

13 in the election of trustees, and in passing of laws.

14 Like their ancestors, they are governed by a Chief.

15 The name of the present Chief is Willis Langston,

16 a man of a respectable and decent character, and a

17 member of the Baptist Church. (Virginia Herald

18 1818.)

19 (18) The laws of the Pamunkey Indian Town

20 written here is September 25, 1887. The following

21 laws made and approved by the Chief and council

22 men, February 18, 1886, for the ruling of the

23 Pamunkey Tribe of Indian. (Available upon request.)

24 (19) The Indian school on the Pamunkey Res25 ervation was taught during the session of 1909–
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1 1910 by Miss Agnes Lumsden and during 1910–

2 1911 by Mrs. Lucie B. Dudley. A good 1-room

3 schoolhouse was erected on the reservation during

4 the fall of 1909, the Indians themselves furnishing

5 the rough lumber and much of the labor. The house

6 is neatly painted, is provided with the latest ap7 proved system of heat and ventilation, and has slate

8 blackboards and good furniture. Two acres of

9 ground were secured and the sanitary conveniences

10 were carefully provided for. This school, as well as

11 the schools at the 2 State reformatories are under

12 immediate control and management of the State

13 Board of Education and are supervised by the sec14 retary of the Board. (Virginia School Report

15 1913:30.)

16 (20) The Attorney General was asked whether

17 or not the Pamunkey and Mattaponi were exempt

18 from all taxes. He replied: ‘‘I acknowledge reference

19 to this office of your letter of June 23, 1917, to Mr.

20 H.W. Neale, Commissioner of Revenue of King Wil21 liam County, in which you express opinion that the

22 Tribes of Pamunkey and Mattaponi Indians, were

23 exempt from all taxes, State, local, and otherwise,

24 and requesting me to advise you as to the correct25 ness of your opinion. I am of the opinion that you
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1 have correctly construed the law as to these Tribes

2 of Indians, for so long as they follow up their pur3 suits upon the reservation, they are governed by

4 their own Tribal laws and are subject to taxes by the

5 laws of the Commonwealth of Virginia. As far back

6 as 1658 these Indians’ lands were confirmed to them

7 by the Governor, the Council, and the Grand

8 Assemblie of Virginia. (See Indian Colonial and

9 State laws, being E–93, U–58 in the State library.)

10 Upon examination, I find that the legislature of Vir11 ginia has frequently appointed trustees to lease the

12 surplus lands of these Tribes and empowered the

13 trustees to prosecute actions against persons tres14 passing thereon . . . I think it is fair to assume

15 from all of these various acts that the Pamunkey

16 and Mattaponi Indians of Virginia are wards of the

17 State, just as the Indians under guardianship of the

18 United States are wards of the nation. It has been

19 the policy of both State and nation not to subject

20 their wards to taxation.’’

21 (21) The Tribe continues to maintain close ties

22 with the county and State officials. The county sher23 iff will not come on to the reservation to make an

24 arrest or serve a warrant without first contacting
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1 the Chief. The Tribe continues to take the annual

2 tribute to the Governor.

3 (22) At the Federal level, the Congress passed

4 legislation ratifying the agreement settling the land

5 dispute between the Pamunkey Tribe and the South6 ern Railway Company. While the legislation is neu7 tral on the status of the Tribe, a House committee

8 did find the claims of the Tribe are based in part

9 on the doctrine of aboriginal title and in part on sec10 tion 2116 of the Revised Statutes of the United

11 States (25 U.S.C. 177), and approved and ratified

12 the settlement (H.R. Report 1980:1–2).

13 (23) In 1985, the Tribe sought and received

14 from the Internal Revenue Service recognition of its

15 status as a State for the purposes of the Internal

16 Revenue Code of 1986. This is the same status ac17 corded federally recognized tribes. In a letter from

18 E.L. Kennedy, Chief, Specialty Tax Branch of the

19 Internal Revenue Service, to Chief William H. Miles,

20 Kennedy stated the criteria for granting State status

21 to the Pamunkey Tribe based on the facts submitted

22 by the Pamunkey Tribe. The Tribe is now des23 ignated as a State for purposes of section 787(a) of

24 the Internal Revenue Code of 1986, under the In25 dian Tribal Government Tax Statute Act of 1982
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1 (title II of Public Law 97–473, 96 Stat. 2605,

2 2607–11, as amended by Public Law 98–21, 97

3 Stat. 65, 87 (1983–1C.B. 510, 511)).

4 (24) As of July 1998, the Pamunkey tribal

5 council consisted of 8 members, Chief William P.

6 Miles and 7 council members. The council members

7 were Warren Cook (Vice Chief), Ivy Bradley, Walter

8 Hill, Bobby Gray, Terry Langston, Morton

9 Langston, and Ray Bush. Each is elected for a 4-

10 year term. The election process is a traditional one.

11 The Chief appoints a 3-member nominating com12 mittee that has the responsibility of polling all eligi13 ble voters to determine who wishes to run for either

14 Chief or councilman. Once the list is readied it is

15 presented at a general tribal council meeting. Each

16 candidate is voted upon separately, and each voter

17 present casts a ‘‘yes’’ or ‘‘no’’ vote. Prior to each

18 vote a member of the Tribe passes out to each voter

19 a kernel of corn and a pea. As an individual’s name

20 is presented, each voter deposits either a kernel of

21 corn (yes) or a pea (no) in a hat. The unused seeds

22 are then collected and those cast are counted. The

23 process continues until everybody on the nominating

24 list has been voted upon.
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1 (25) The tribal council continues to exercise

2 control over the reservation, as it has for the past

3 300 years. The Chief and council members continue

4 to assign land for individual tribal members’ use,

5 maintain the tribal properties, communicate the

6 Tribe’s interests and concerns to State officials, par7 ticularly the Governor, and settle disputes among

8 tribal members when it becomes necessary and is ap9 propriate.

10 (26) In 1865, a new and modern church was

11 erected by tribal members. The church was and still

12 is affiliated with the Southern Baptist Conference.

13 This is the oldest Indian church in the Common14 wealth of Virginia.

15 SEC. 502. DEFINITIONS.

16 For the purposes of this title—

17 (1) the term ‘‘Tribe’’ means the Pamunkey

18 Tribe;

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

20 of the Interior; and

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

22 member of the Tribe, as of the date of the enact23 ment of this Act, or an individual who has been

24 placed on the membership rolls of the Tribe in ac25 cordance with this Act.
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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 bands 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 1,200 acres on the Pamunkey

22 River located in King William County, Virginia, and

23 surrounded by the Pamunkey River.

24 SEC. 504. MEMBERSHIP.

25 Not later than 18 months after the date of the enact26 ment of this Act, the Tribe shall submit to the Secretary
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1 a membership roll consisting of all individuals currently

2 enrolled for membership in the Tribe. The qualifications

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

4 determined by the membership clauses in the Tribe’s gov5 erning document, in consultation with the Secretary. Upon

6 completion of the roll, the Secretary shall immediately

7 publish notice of such in the Federal Register. The Tribe

8 shall ensure that such roll is maintained and kept current.

9 SEC. 505. CONSTITUTION AND GOVERNING BODY.

10 (a) CONSTITUTION.—

11 (1) ADOPTION.—Not later than 24 months

12 after the date of the enactment of this Act, the

13 Tribe shall conduct, by secret ballot, an election to

14 adopt a constitution and bylaws for the Tribe.

15 (2) INTERIM GOVERNING DOCUMENTS.—Until

16 such time as a new constitution is adopted under

17 paragraph (1), the governing documents in effect on

18 the date of enactment of this Act shall be the in19 terim governing documents for the Tribe.

20 (b) OFFICIALS.—

21 (1) ELECTION.—Not later than 6 months after

22 the Tribe adopts a constitution and bylaws pursuant

23 to subsection (a), the Tribe shall conduct elections

24 by secret ballot for the purpose of electing officials
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1 for the Tribe as provided in the constitution and by2 laws.

3 (2) INTERIM GOVERNMENT.—Until such time

4 as the Tribe elects new officials pursuant to para5 graph (1), the governing body of the Tribe shall be

6 the governing body in place on the date of the enact7 ment of this Act, or any new governing body selected

8 under the election procedures specified in the in9 terim governing documents of the Tribe.

10 SEC. 506. RESERVATION OF THE TRIBE.

11 (a) LAND HELD IN TRUST BY STATE.—Notwith12 standing any other provision of law, if the Commonwealth

13 of Virginia transfers to the Secretary any land which is

14 held in trust by that State for the benefit of the Tribe

15 on the date of the enactment of this Act, the Secretary

16 shall take such land into trust for the benefit of the Tribe.

17 (b) OTHER LAND.—Notwithstanding any other provi18 sion of law, if the Tribe transfers any land within the

19 boundaries of King William County, Virginia, to the Sec20 retary, the Secretary shall take such land into trust for

21 the benefit of the Tribe.
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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—RAPPAHANNOCK

7 TRIBE

8 SEC. 601. 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 Pamukeys’’.

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
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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 were they settled along the

24 ridgeline between the Rappahannock and Mattaponi
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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 Sauders, 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-
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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
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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
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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-
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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 s 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
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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
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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. 602. 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. 603. 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, tribges, or bands of Indians, including the

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

18 Not later than 18 months after the date of the enact19 ment of this Act, the Tribe shall submit to the Secretary

20 a membership roll consisting of all individuals currently

21 enrolled for membership in the Tribe. The qualifications

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

23 determined by the membership clauses in the Tribe’s gov24 erning document, in consultation with the Secretary. Upon

25 completion of the roll, the Secretary shall immediately
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1 publish notice of such in the Federal Register. The Tribe

2 shall ensure that such roll is maintained and kept current.

3 SEC. 605. CONSTITUTION AND GOVERNING BODY.

4 (a) CONSTITUTION.—

5 (1) ADOPTION.—Not later than 24 months

6 after the date of the enactment of this Act, the

7 Tribe shall conduct, by secret ballot, an election to

8 adopt a constitution and bylaws for the Tribe.

9 (2) INTERIM GOVERNING DOCUMENTS.—Until

10 such time as a new constitution is adopted under

11 paragraph (1), the governing documents in effect on

12 the date of enactment of this Act shall be the in13 terim governing documents for the Tribe.

14 (b) OFFICIALS.—

15 (1) ELECTION.—Not later than 6 months after

16 the Tribe adopts a constitution and bylaws pursuant

17 to subsection (a), the Tribe shall conduct elections

18 by secret ballot for the purpose of electing officials

19 for the Tribe as provided in the constitution and by20 laws.

21 (2) INTERIM GOVERNMENT.—Until such time

22 as the Tribe elects new officials pursuant to para23 graph (1), the governing body of the Tribe shall be

24 the governing body in place on the date of the enact25 ment of this Act, or any new governing body selected
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1 under the election procedures specified in the in2 terim governing documents of the Tribe.

3 SEC. 606. RESERVATION OF THE TRIBE.

4 Notwithstanding any other provision of law, if the

5 Tribe transfers the land described in subsection (b) and

6 any other land within the boundaries of King and Queen

7 County, Essex County, and Caroline County, Virginia, to

8 the Secretary, the Secretary shall take such land into trust

9 for the benefit of the Tribe.

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

11 WATER RIGHTS.

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

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

14 or water rights of the Tribe and its members.

15 TITLE VII—MONACAN TRIBE

16 SEC. 701. FINDINGS.

17 Congress makes the following findings:

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

19 Treaty of Middle Plantation between Charles II of

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

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

22 Spotswood negotiated to save the Virginia Indians

23 from extinction at the hands of the Iroquois. Specifi24 cally mentioned are the Monacan tribes of the
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1 Totero (Tutelo), Saponi, Ocheneeches (Occaneechi),

2 Stengenocks, and Meipontskys.

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

4 Benjamin Evans and Robert Johns, both ancestors

5 of the present Monacan community. They are listed

6 as white with mulatto children. Tax records also

7 begin for these families.

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

9 mostly large, with Monacan surnames, who are gene10 alogically related to the present community.

11 (5) In 1870, a log structure at the Bear Moun12 tain Indian Mission was built. In 1908, this struc13 ture became an Episcopal Mission and is now listed

14 as a National Historic Landmark.

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

16 the Census.

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

18 from Monacans to the United States Bureau of the

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

20 State Bureau of Vital Statistics) decision not to

21 allow Indians to register as such for the 1930 cen22 sus. The Monacans succeed in being allowed to claim

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

24 from Dr. Plecker stating that there are no Indians

25 in Virginia.
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1 (8) In 1947, D’Arcy McNickle, a Salish Indian,

2 saw some of the children at the Amherst Mission

3 and requested that the Cherokee Agency visit them

4 because they appeared to be Indian. This letter was

5 forwarded to the Department of the Interior, Office

6 of Indian Affairs, Chicago, Illinois. Chief Jarrett

7 Blythe of the Eastern Band of Cherokee did visit the

8 Mission and wrote that he ‘‘would be willing to ac9 cept these children in the Cherokee school’’.

10 (9) In 1979, a Federal Coalition of Eastern Na11 tive Americans grant established the Monacan Co12 operative Pottery at the Mission. Some important

13 pieces are produced, including one that was sold to

14 the Smithsonian.

15 (10) In 1981, the Mattaponi-Pamunkey-Mona16 can Consortium was created and since organized as

17 a nonprofit corporation that serves as a vehicle to

18 obtain funds for the tribes through the Native Amer19 ican Program of the Job Training Partnership Act

20 (Department of Labor).

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

22 recognized by the Commonwealth of Virginia, which

23 enables the Tribe to apply for grants and other pro24 grams. In 1993, the Tribe received tax-exempt sta-
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1 tus as a nonprofit corporation from the Internal

2 Revenue Service.

3 SEC. 702. DEFINITIONS.

4 For the purposes of this title—

5 (1) the term ‘‘Tribe’’ means the Monacan

6 Tribe;

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

8 of the Interior; and

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

10 member of the Tribe, as of the date of the enact11 ment of this Act, or an individual who has been

12 placed on the membership rolls of the Tribe in ac13 cordance with this Act.

14 SEC. 703. FEDERAL RECOGNITION.

15 (a) FEDERAL RECOGNITION.—Federal recognition is

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

17 the United States of general application to Indians or na18 tions, tribes, or Tribes of Indians, including the Act of

19 June 18, 1934 (25 U.S.C. 461 et seq.) which are not in20 consistent with any specific provision of this Act, shall be

21 applicable to the Tribe and its members.

22 (b) FEDERAL SERVICES AND BENEFITS.—

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

24 shall be eligible, on and after the date of the enact25 ment of this Act, for all future services and benefits
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1 provided by the Federal Government to federally rec2 ognized Indian tribes without regard to the existence

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

4 residence of any member on or near any Indian res5 ervation.

6 (2) SERVICE AREA.—For purposes of the deliv7 ery of Federal services to enrolled members of the

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

9 the area comprised of all lands within 150 miles of

10 the center of Amherst, Virginia.

11 SEC. 704. MEMBERSHIP.

12 Not later than 18 months after the date of the enact13 ment of this Act, the Tribe shall submit to the Secretary

14 a membership roll consisting of all individuals currently

15 enrolled for membership in the Tribe. The qualifications

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

17 determined by the membership clauses in the Tribe’s gov18 erning document, in consultation with the Secretary. Upon

19 completion of the roll, the Secretary shall immediately

20 publish notice of such in the Federal Register. The Tribe

21 shall ensure that such roll is maintained and kept current.

22 SEC. 705. CONSTITUTION AND GOVERNING BODY.

23 (a) CONSTITUTION.—

24 (1) ADOPTION.—Not later than 24 months

25 after the date of the enactment of this Act, the
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1 Tribe shall conduct, by secret ballot, an election to

2 adopt a constitution and bylaws for the Tribe.

3 (2) INTERIM GOVERNING DOCUMENTS.—Until

4 such time as a new constitution is adopted under

5 paragraph (1), the governing documents in effect on

6 the date of enactment of this Act shall be the in7 terim governing documents for the Tribe.

8 (b) OFFICIALS.—

9 (1) ELECTION.—Not later than 6 months after

10 the Tribe adopts a constitution and bylaws pursuant

11 to subsection (a), the Tribe shall conduct elections

12 by secret ballot for the purpose of electing officials

13 for the Tribe as provided in the constitution and by14 laws.

15 (2) INTERIM GOVERNMENT.—Until such time

16 as the Tribe elects new officials pursuant to para17 graph (1), the governing body of the Tribe shall be

18 the governing body in place on the date of the enact19 ment of this Act, or any new governing body selected

20 under the election procedures specified in the in21 terim governing documents of the Tribe.

22 SEC. 706. RESERVATION OF THE TRIBE.

23 Notwithstanding any other provision of law, if the

24 Tribe transfers to the Secretary a parcel consisting of ap25 proximately 10 acres located on Kenmore Road in Am-
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1 herst County, Virginia, and a parcel of land consisting of

2 approximately 110 acres located at the foot of Bear Moun3 tain in Amherst County, Virginia, the Secretary shall take

4 such land into trust for the benefit of the Tribe.

5 SEC. 707. HUNTING, FISHING, TRAPPING, GATHERING, AND

6 WATER RIGHTS.

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

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

9 or water rights of the Tribe and its members.

10 TITLE VIII—NANSEMOND TRIBE

11 SEC. 801. FINDINGS.

12 Congress makes the following findings:

13 (1) From 1607 until 1646, Nansemonds lived

14 about 30 miles from Jamestown; were major players

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

16 there were 2 sections of the tribe, in communication

17 with each other: the Christianized Nansemonds in

18 Norfolk County lived as citizens, while the tradition19 alist Nansemonds farther west (various counties)

20 had a reservation.

21 (2) In 1638, a Norfolk County Englishman

22 married a Nansemond woman, according to an entry

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

24 Chief’s family. The couple are lineal ancestors of all
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1 of the present Nansemond tribe (so are some of the

2 traditionalists).

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

4 Virginia Colony’s census of Indian bowmen.

5 (4) In 1677, Nansemonds were signatories to

6 the Treaty of 1677 with the King of England.

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

8 other Virginia tribes were prevented by Virginia Col9 ony from making a separate peace with the Iroquois.

10 Virginia represented them in the final Treaty of Al11 bany, 1722.

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

13 Indian School at the College of William and Mary.

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

15 Bass and kinsmen the ‘‘Indian privileges’’ of clear16 ing swamp land and bearing arms (forbidden to

17 other nonwhites) because of their Nansemond de18 scent, which meant they were original inhabitants of

19 said land.

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

21 of Nansemond descent to William Bass.

22 (9) From the 1740’s to the 1790’s, the tradi23 tionalist section of the Nansemond tribe, 40 miles

24 west, was dealing with reservation lands. The last
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1 surviving members of that section sold out in 1792,

2 with permission of the Commonwealth of Virginia.

3 (10) In 1797, Norfolk County issued a certifi4 cate stating that William Bass was of Indian and

5 English descent; the Indian line of ancestry ran di6 rectly back to the early 18th century elder in a tra7 ditionalist section of Nansemonds on the reservation.

8 (11) In 1833, a State law passed enabling Eu9 ropean and Indian descended people to get a special

10 certificate of ancestry; a bill originated from the

11 county where Nansemonds lived, and mostly

12 Nansemonds took advantage of the law (few people

13 in other counties).

14 (12) Around 1850, a Methodist mission was es15 tablished for Nansemonds which is now a standard

16 Methodist congregation and still with Nansemond

17 members.

18 (13) In 1901, Smithsonian anthropologist

19 James Mooney visited the Nansemonds and took a

20 tribal census counting 61 households. The census

21 was later published.

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

23 school in Norfolk County’s segregated school system.

24 The school survived only a few years.
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1 (15) In 1928, University of Pennsylvania an2 thropologist Frank Speck published a book on mod3 ern Virginia Indians with a section on the

4 Nansemonds.

5 (16) In 1984, the Nansemonds were organized

6 formally, with elected officers; then applied for and

7 won State recognition.

8 SEC. 802. DEFINITIONS.

9 For the purposes of this title—

10 (1) the term ‘‘Tribe’’ means the Nansemond

11 Tribe;

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

13 of the Interior; and

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

15 member of the Tribe, as of the date of the enact16 ment of this Act, or an individual who has been

17 placed on the membership rolls of the Tribe in ac18 cordance with this Act.

19 SEC. 803. FEDERAL RECOGNITION.

20 (a) FEDERAL RECOGNITION.—Federal recognition is

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

22 the United States of general application to Indians or na23 tions, tribes, or bands of Indians, including the Act of

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

2 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 the cities of Chesapeake,

16 Hampton, Newport News, Norfolk, Portsmouth, Suf17 folk, and Virginia Beach, Virginia.

18 SEC. 804. MEMBERSHIP.

19 Not later than 18 months after the date of the enact20 ment of this Act, the Tribe shall submit to the Secretary

21 a membership roll consisting of all individuals currently

22 enrolled for membership in the Tribe. The qualifications

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

24 determined by the membership clauses in the Tribe’s gov25 erning document, in consultation with the Secretary. Upon
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1 completion of the roll, the Secretary shall immediately

2 publish notice of such in the Federal Register. The Tribe

3 shall ensure that such roll is maintained and kept current.

4 SEC. 805. CONSTITUTION AND GOVERNING BODY.

5 (a) CONSTITUTION.—

6 (1) ADOPTION.—Not later than 24 months

7 after the date of the enactment of this Act, the

8 Tribe shall conduct, by secret ballot, an election to

9 adopt a constitution and bylaws for the Tribe.

10 (2) INTERIM GOVERNING DOCUMENTS.—Until

11 such time as a new constitution is adopted under

12 paragraph (1), the governing documents in effect on

13 the date of enactment of this Act shall be the in14 terim governing documents for the Tribe.

15 (b) OFFICIALS.—

16 (1) ELECTION.—Not later than 6 months after

17 the Tribe adopts a constitution and bylaws pursuant

18 to subsection (a), the Tribe shall conduct elections

19 by secret ballot for the purpose of electing officials

20 for the Tribe as provided in the constitution and by21 laws.

22 (2) INTERIM GOVERNMENT.—Until such time

23 as the Tribe elects new officials pursuant to para24 graph (1), the governing body of the Tribe shall be

25 the governing body in place on the date of the enact-
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1 ment of this Act, or any new governing body selected

2 under the election procedures specified in the in3 terim governing documents of the Tribe.

4 SEC. 806. RESERVATION OF THE TRIBE.

5 Notwithstanding any other provision of law, if the

6 Tribe transfers any land within the boundaries of the cit7 ies of Chesapeake, Hampton, Newport News, Norfolk,

8 Portsmouth, Suffolk, and Virginia Beach, Virginia, to the

9 Secretary, the Secretary shall take such land into trust

10 for the benefit of the Tribe.

11 SEC. 807. HUNTING, FISHING, TRAPPING, GATHERING, AND

12 WATER RIGHTS.

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

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

15 or water rights of the Tribe and its members.

Æ