PUBLIC LAW 115–121—JAN. 29, 2018 

THOMASINA E. JORDAN INDIAN TRIBES OF 

VIRGINIA FEDERAL RECOGNITION 

ACT OF 2017 


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132 STAT. 40 PUBLIC LAW 115–121—JAN. 29, 2018 

Public Law 115–121 

115th Congress 

An Act 

To extend Federal recognition to the Chickahominy Indian Tribe, the Chickahominy 

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

Tribe, Inc., the Monacan Indian Nation, and the Nansemond Indian Tribe. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Thomasina 

E. Jordan Indian Tribes of Virginia Federal Recognition Act of 

2017’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Indian Child Welfare Act of 1978. 

TITLE I—CHICKAHOMINY INDIAN TRIBE 

Sec. 101. Findings. 

Sec. 102. Definitions. 

Sec. 103. Federal recognition. 

Sec. 104. Membership; governing documents. 

Sec. 105. Governing body. 

Sec. 106. Reservation of the Tribe. 

Sec. 107. Hunting, fishing, trapping, gathering, and water rights. 

TITLE II—CHICKAHOMINY INDIAN TRIBE—EASTERN DIVISION 

Sec. 201. Findings. 

Sec. 202. Definitions. 

Sec. 203. Federal recognition. 

Sec. 204. Membership; governing documents. 

Sec. 205. Governing body. 

Sec. 206. Reservation of the Tribe. 

Sec. 207. Hunting, fishing, trapping, gathering, and water rights. 

TITLE III—UPPER MATTAPONI TRIBE 

Sec. 301. Findings. 

Sec. 302. Definitions. 

Sec. 303. Federal recognition. 

Sec. 304. Membership; governing documents. 

Sec. 305. Governing body. 

Sec. 306. Reservation of the Tribe. 

Sec. 307. Hunting, fishing, trapping, gathering, and water rights. 

TITLE IV—RAPPAHANNOCK TRIBE, INC. 

Sec. 401. Findings. 

Sec. 402. Definitions. 

Sec. 403. Federal recognition. 

Sec. 404. Membership; governing documents. 

Sec. 405. Governing body. 

Sec. 406. Reservation of the Tribe. 

Sec. 407. Hunting, fishing, trapping, gathering, and water rights. 

Thomasina E. 

Jordan Indian 

Tribes of Virginia 

Federal 

Recognition 

Act of 2017. 

Jan. 29, 2018 

[H.R. 984] 


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PUBLIC LAW 115–121—JAN. 29, 2018 132 STAT. 41 

TITLE V—MONACAN INDIAN NATION 

Sec. 501. Findings. 

Sec. 502. Definitions. 

Sec. 503. Federal recognition. 

Sec. 504. Membership; governing documents. 

Sec. 505. Governing body. 

Sec. 506. Reservation of the Tribe. 

Sec. 507. Hunting, fishing, trapping, gathering, and water rights. 

TITLE VI—NANSEMOND INDIAN TRIBE 

Sec. 601. Findings. 

Sec. 602. Definitions. 

Sec. 603. Federal recognition. 

Sec. 604. Membership; governing documents. 

Sec. 605. Governing body. 

Sec. 606. Reservation of the Tribe. 

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

TITLE VII—EMINENT DOMAIN 

Sec. 701. Limitation. 

SEC. 2. INDIAN CHILD WELFARE ACT OF 1978. 

Nothing in this Act affects the application of section 109 of 

the Indian Child Welfare Act of 1978 (25 U.S.C. 1919). 

TITLE I—CHICKAHOMINY INDIAN TRIBE 

SEC. 101. FINDINGS. 

Congress finds that— 

(1) in 1607, when the English settlers set shore along 

the Virginia coastline, the Chickahominy Indian Tribe was 

one of about 30 tribes that received them; 

(2) in 1614, the Chickahominy Indian Tribe entered into 

a treaty with Sir Thomas Dale, Governor of the Jamestown 

Colony, under which— 

(A) the Chickahominy Indian Tribe agreed to provide 

two bushels of corn per man and send warriors to protect 

the English; and 

(B) Sir Thomas Dale agreed in return to allow the 

Tribe to continue to practice its own tribal governance; 

(3) in 1646, a treaty was signed which forced the Chickahominy from their homeland to the area around the York 

Mattaponi River in present-day King William County, leading 

to the formation of a reservation; 

(4) in 1677, following Bacon’s Rebellion, the Queen of 

Pamunkey signed the Treaty of Middle Plantation on behalf 

of the Chickahominy; 

(5) in 1702, the Chickahominy were forced from their reservation, which caused the loss of a land base; 

(6) in 1711, the College of William and Mary in Williamsburg established a grammar school for Indians called Brafferton 

College; 

(7) a Chickahominy child was one of the first Indians 

to attend Brafferton College; 

(8) in 1750, the Chickahominy Indian Tribe began to 

migrate from King William County back to the area around 

the Chickahominy River in New Kent and Charles City Counties; 

(9) in 1793, a Baptist missionary named Bradby took refuge 

with the Chickahominy and took a Chickahominy woman as 

his wife; 


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132 STAT. 42 PUBLIC LAW 115–121—JAN. 29, 2018 

(10) in 1831, the names of the ancestors of the modernday Chickahominy Indian Tribe began to appear in the Charles 

City County census records; 

(11) in 1901, the Chickahominy Indian Tribe formed 

Samaria Baptist Church; 

(12) from 1901 to 1935, Chickahominy men were assessed 

a tribal tax so that their children could receive an education; 

(13) the Tribe used the proceeds from the tax to build 

the first Samaria Indian School, buy supplies, and pay a 

teacher’s salary; 

(14) in 1919, C. Lee Moore, Auditor of Public Accounts 

for Virginia, told Chickahominy Chief O.W. Adkins that he 

had instructed the Commissioner of Revenue for Charles City 

County to record Chickahominy tribal members on the county 

tax rolls as Indian, and not as White or colored; 

(15) during the period of 1920 through 1930, various Governors of the Commonwealth of Virginia wrote letters of 

introduction for Chickahominy Chiefs who had official business 

with Federal agencies in Washington, DC; 

(16) in 1934, Chickahominy Chief O.O. Adkins wrote to 

John Collier, Commissioner of Indian Affairs, requesting money 

to acquire land for the Chickahominy Indian Tribe’s use, to 

build school, medical, and library facilities and to buy tractors, 

implements, and seed; 

(17) in 1934, John Collier, Commissioner of Indian Affairs, 

wrote to Chickahominy Chief O.O. Adkins, informing him that 

Congress had passed the Act of June 18, 1934 (commonly 

known as the ‘‘Indian Reorganization Act’’) (25 U.S.C. 461 

et seq.), but had not made the appropriation to fund the Act; 

(18) in 1942, Chickahominy Chief O.O. Adkins wrote to 

John Collier, Commissioner of Indian Affairs, asking for help 

in getting the proper racial designation on Selective Service 

records for Chickahominy soldiers; 

(19) in 1943, John Collier, Commissioner of Indian Affairs, 

asked Douglas S. Freeman, editor of the Richmond NewsLeader newspaper of Richmond, Virginia, to help Virginia 

Indians obtain proper racial designation on birth records; 

(20) Collier stated that his office could not officially intervene because it had no responsibility for the Virginia Indians, 

‘‘as a matter largely of historical accident’’, but was ‘‘interested 

in them as descendants of the original inhabitants of the 

region’’; 

(21) in 1948, the Veterans’ Education Committee of the 

Virginia State Board of Education approved Samaria Indian 

School to provide training to veterans; 

(22) that school was established and run by the Chickahominy Indian Tribe; 

(23) in 1950, the Chickahominy Indian Tribe purchased 

and donated to the Charles City County School Board land 

to be used to build a modern school for students of the Chickahominy and other Virginia Indian tribes; 

(24) the Samaria Indian School included students in grades 

1 through 8; 

(25) in 1961, Senator Sam Ervin, Chairman of the Subcommittee on Constitutional Rights of the Committee on the 

Judiciary of the Senate, requested Chickahominy Chief O.O. 


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PUBLIC LAW 115–121—JAN. 29, 2018 132 STAT. 43 

Adkins to provide assistance in analyzing the status of the 

constitutional rights of Indians ‘‘in your area’’; 

(26) in 1967, the Charles City County school board closed 

Samaria Indian School and converted the school to a countywide 

primary school as a step toward full school integration of Indian 

and non-Indian students; 

(27) in 1972, the Charles City County school board began 

receiving funds under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458aa et seq.) on behalf of 

Chickahominy students, which funding is provided as of the 

date of enactment of this Act under title V of the Indian 

Self-Determination and Education Assistance Act (25 U.S.C. 

458aaa et seq.); 

(28) in 1974, the Chickahominy Indian Tribe bought land 

and built a tribal center using monthly pledges from tribal 

members to finance the transactions; 

(29) in 1983, the Chickahominy Indian Tribe was granted 

recognition as an Indian tribe by the Commonwealth of Virginia, along with five other Indian tribes; and 

(30) in 1985, Governor Gerald Baliles was the special guest 

at an intertribal Thanksgiving Day dinner hosted by the 

Chickahominy Indian Tribe. 

SEC. 102. DEFINITIONS. 

In this title: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(2) TRIBAL MEMBER.—The term ‘‘tribal member’’ means— 

(A) an individual who is an enrolled member of the 

Tribe as of the date of enactment of this Act; and 

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

(3) TRIBE.—The term ‘‘Tribe’’ means the Chickahominy 

Indian Tribe. 

SEC. 103. FEDERAL RECOGNITION. 

(a) FEDERAL RECOGNITION.— 

(1) IN GENERAL.—Federal recognition is extended to the 

Tribe. 

(2) APPLICABILITY OF LAWS.—All laws (including regulations) of the United States of general applicability to Indians 

or nations, Indian tribes, or bands of Indians (including the 

Act of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not 

inconsistent with this title shall be applicable to the Tribe 

and tribal members. 

(b) FEDERAL SERVICES AND BENEFITS.— 

(1) IN GENERAL.—On and after the date of enactment of 

this Act, the Tribe and tribal members shall be eligible for 

all services and benefits provided by the Federal Government 

to federally recognized Indian tribes without regard to the 

existence of a reservation for the Tribe. 

(2) SERVICE AREA.—For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe 

shall be considered to be the area comprised of New Kent 

County, James City County, Charles City County, and Henrico 

County, Virginia. 

Effective date. 


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SEC. 104. MEMBERSHIP; GOVERNING DOCUMENTS. 

The membership roll and governing documents of the Tribe 

shall be the most recent membership roll and governing documents, 

respectively, submitted by the Tribe to the Secretary before the 

date of enactment of this Act. 

SEC. 105. GOVERNING BODY. 

The governing body of the Tribe shall be— 

(1) the governing body of the Tribe in place as of the 

date of enactment of this Act; or 

(2) any subsequent governing body elected in accordance 

with the election procedures specified in the governing documents of the Tribe. 

SEC. 106. RESERVATION OF THE TRIBE. 

(a) IN GENERAL.—Upon the request of the Tribe, the Secretary 

of the Interior— 

(1) shall take into trust for the benefit of the Tribe any 

land held in fee by the Tribe that was acquired by the Tribe 

on or before January 1, 2007, if such lands are located within 

the boundaries of New Kent County, James City County, 

Charles City County, or Henrico County, Virginia; and 

(2) may take into trust for the benefit of the Tribe any 

land held in fee by the Tribe, if such lands are located within 

the boundaries of New Kent County, James City County, 

Charles City County, or Henrico County, Virginia. 

(b) DEADLINE FOR DETERMINATION.—The Secretary shall make 

a final written determination not later than 3 years of the date 

which the Tribe submits a request for land to be taken into trust 

under subsection (a)(2) and shall immediately make that determination available to the Tribe. 

(c) RESERVATION STATUS.—Any land taken into trust for the 

benefit of the Tribe pursuant to this paragraph shall, upon request 

of the Tribe, be considered part of the reservation of the Tribe. 

(d) GAMING.—The Tribe may not conduct gaming activities 

as a matter of claimed inherent authority or under the authority 

of any Federal law, including the Indian Gaming Regulatory Act 

(25 U.S.C. 2701 et seq.) or under any regulations thereunder 

promulgated by the Secretary or the National Indian Gaming 

Commission. 

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

RIGHTS. 

Nothing in this title expands, reduces, or affects in any manner 

any hunting, fishing, trapping, gathering, or water rights of the 

Tribe and members of the Tribe. 

TITLE II—CHICKAHOMINY INDIAN 

TRIBE—EASTERN DIVISION 

SEC. 201. FINDINGS. 

Congress finds that— 

(1) in 1607, when the English settlers set shore along 

the Virginia coastline, the Chickahominy Indian Tribe was 

one of about 30 tribes that received them; 

Effective date. 


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PUBLIC LAW 115–121—JAN. 29, 2018 132 STAT. 45 

(2) in 1614, the Chickahominy Indian Tribe entered into 

a treaty with Sir Thomas Dale, Governor of the Jamestown 

Colony, under which— 

(A) the Chickahominy Indian Tribe agreed to provide 

two bushels of corn per man and send warriors to protect 

the English; and 

(B) Sir Thomas Dale agreed in return to allow the 

Tribe to continue to practice its own tribal governance; 

(3) in 1646, a treaty was signed which forced the Chickahominy from their homeland to the area around the York 

River in present-day King William County, leading to the 

formation of a reservation; 

(4) in 1677, following Bacon’s Rebellion, the Queen of 

Pamunkey signed the Treaty of Middle Plantation on behalf 

of the Chickahominy; 

(5) in 1702, the Chickahominy were forced from their reservation, which caused the loss of a land base; 

(6) in 1711, the College of William and Mary in Williamsburg established a grammar school for Indians called Brafferton 

College; 

(7) a Chickahominy child was one of the first Indians 

to attend Brafferton College; 

(8) in 1750, the Chickahominy Indian Tribe began to 

migrate from King William County back to the area around 

the Chickahominy River in New Kent and Charles City Counties; 

(9) in 1793, a Baptist missionary named Bradby took refuge 

with the Chickahominy and took a Chickahominy woman as 

his wife; 

(10) in 1831, the names of the ancestors of the modernday Chickahominy Indian Tribe began to appear in the Charles 

City County census records; 

(11) in 1870, a census revealed an enclave of Indians in 

New Kent County that is believed to be the beginning of the 

Chickahominy Indian Tribe—Eastern Division; 

(12) other records were destroyed when the New Kent 

County courthouse was burned, leaving a State census as the 

only record covering that period; 

(13) in 1901, the Chickahominy Indian Tribe formed 

Samaria Baptist Church; 

(14) from 1901 to 1935, Chickahominy men were assessed 

a tribal tax so that their children could receive an education; 

(15) the Tribe used the proceeds from the tax to build 

the first Samaria Indian School, buy supplies, and pay a 

teacher’s salary; 

(16) in 1910, a one-room school covering grades 1 through 

8 was established in New Kent County for the Chickahominy 

Indian Tribe—Eastern Division; 

(17) during the period of 1920 through 1921, the Chickahominy Indian Tribe—Eastern Division began forming a tribal 

government; 

(18) E.P. Bradby, the founder of the Tribe, was elected 

to be Chief; 

(19) in 1922, Tsena Commocko Baptist Church was organized; 

(20) in 1925, a certificate of incorporation was issued to 

the Chickahominy Indian Tribe—Eastern Division; 


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132 STAT. 46 PUBLIC LAW 115–121—JAN. 29, 2018 

(21) in 1950, the one-room Indian school in New Kent 

County was closed and students were bused to Samaria Indian 

School in Charles City County; 

(22) in 1967, the Chickahominy Indian Tribe and the 

Chickahominy Indian Tribe—Eastern Division lost their schools 

as a result of the required integration of students; 

(23) during the period of 1982 through 1984, Tsena 

Commocko Baptist Church built a new sanctuary to accommodate church growth; 

(24) in 1983 the Chickahominy Indian Tribe—Eastern Division was granted State recognition along with five other Virginia Indian tribes; 

(25) in 1985— 

(A) the Virginia Council on Indians was organized 

as a State agency; and 

(B) the Chickahominy Indian Tribe—Eastern Division 

was granted a seat on the Council; 

(26) in 1988, a nonprofit organization known as the ‘‘United 

Indians of Virginia’’ was formed; and 

(27) Chief Marvin ‘‘Strongoak’’ Bradby of the Eastern Band 

of the Chickahominy presently chairs the organization. 

SEC. 202. DEFINITIONS. 

In this title: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(2) TRIBAL MEMBER.—The term ‘‘tribal member’’ means— 

(A) an individual who is an enrolled member of the 

Tribe as of the date of enactment of this Act; and 

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

(3) TRIBE.—The term ‘‘Tribe’’ means the Chickahominy 

Indian Tribe—Eastern Division. 

SEC. 203. FEDERAL RECOGNITION. 

(a) FEDERAL RECOGNITION.— 

(1) IN GENERAL.—Federal recognition is extended to the 

Tribe. 

(2) APPLICABILITY OF LAWS.—All laws (including regulations) of the United States of general applicability to Indians 

or nations, Indian tribes, or bands of Indians (including the 

Act of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not 

inconsistent with this title shall be applicable to the Tribe 

and tribal members. 

(b) FEDERAL SERVICES AND BENEFITS.— 

(1) IN GENERAL.—On and after the date of enactment of 

this Act, the Tribe and tribal members shall be eligible for 

all future services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to 

the existence of a reservation for the Tribe. 

(2) SERVICE AREA.—For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe 

shall be considered to be the area comprised of New Kent 

County, James City County, Charles City County, and Henrico 

County, Virginia. 

Effective date. 


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PUBLIC LAW 115–121—JAN. 29, 2018 132 STAT. 47 

SEC. 204. MEMBERSHIP; GOVERNING DOCUMENTS. 

The membership roll and governing documents of the Tribe 

shall be the most recent membership roll and governing documents, 

respectively, submitted by the Tribe to the Secretary before the 

date of enactment of this Act. 

SEC. 205. GOVERNING BODY. 

The governing body of the Tribe shall be— 

(1) the governing body of the Tribe in place as of the 

date of enactment of this Act; or 

(2) any subsequent governing body elected in accordance 

with the election procedures specified in the governing documents of the Tribe. 

SEC. 206. RESERVATION OF THE TRIBE. 

(a) IN GENERAL.—Upon the request of the Tribe, the Secretary 

of the Interior— 

(1) shall take into trust for the benefit of the Tribe any 

land held in fee by the Tribe that was acquired by the Tribe 

on or before January 1, 2007, if such lands are located within 

the boundaries of New Kent County, James City County, 

Charles City County, or Henrico County, Virginia; and 

(2) may take into trust for the benefit of the Tribe any 

land held in fee by the Tribe, if such lands are located within 

the boundaries of New Kent County, James City County, 

Charles City County, or Henrico County, Virginia. 

(b) DEADLINE FOR DETERMINATION.—The Secretary shall make 

a final written determination not later than 3 years of the date 

which the Tribe submits a request for land to be taken into trust 

under subsection (a)(2) and shall immediately make that determination available to the Tribe. 

(c) RESERVATION STATUS.—Any land taken into trust for the 

benefit of the Tribe pursuant to this paragraph shall, upon request 

of the Tribe, be considered part of the reservation of the Tribe. 

(d) GAMING.—The Tribe may not conduct gaming activities 

as a matter of claimed inherent authority or under the authority 

of any Federal law, including the Indian Gaming Regulatory Act 

(25 U.S.C. 2701 et seq.) or under any regulations thereunder 

promulgated by the Secretary or the National Indian Gaming 

Commission. 

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

RIGHTS. 

Nothing in this title expands, reduces, or affects in any manner 

any hunting, fishing, trapping, gathering, or water rights of the 

Tribe and members of the Tribe. 

TITLE III—UPPER MATTAPONI TRIBE 

SEC. 301. FINDINGS. 

Congress finds that— 

(1) during the period of 1607 through 1646, the Chickahominy Indian Tribes— 

(A) lived approximately 20 miles from Jamestown; and 

(B) were significantly involved in English-Indian 

affairs; 

Effective date. 


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132 STAT. 48 PUBLIC LAW 115–121—JAN. 29, 2018 

(2) Mattaponi Indians, who later joined the Chickahominy 

Indians, lived a greater distance from Jamestown; 

(3) in 1646, the Chickahominy Indians moved to Mattaponi 

River basin, away from the English; 

(4) in 1661, the Chickahominy Indians sold land at a place 

known as ‘‘the cliffs’’ on the Mattaponi River; 

(5) in 1669, the Chickahominy Indians— 

(A) appeared in the Virginia Colony’s census of Indian 

bowmen; and 

(B) lived in ‘‘New Kent’’ County, which included the 

Mattaponi River basin at that time; 

(6) in 1677, the Chickahominy and Mattaponi Indians were 

subjects of the Queen of Pamunkey, who was a signatory to 

the Treaty of 1677 with the King of England; 

(7) in 1683, after a Mattaponi town was attacked by Seneca 

Indians, the Mattaponi Indians took refuge with the Chickahominy Indians, and the history of the two groups was intertwined for many years thereafter; 

(8) in 1695, the Chickahominy and Mattaponi Indians— 

(A) were assigned a reservation by the Virginia Colony; 

and 

(B) traded land of the reservation for land at the place 

known as ‘‘the cliffs’’ (which, as of the date of enactment 

of this Act, is the Mattaponi Indian Reservation), which 

had been owned by the Mattaponi Indians before 1661; 

(9) in 1711, a Chickahominy boy attended the Indian School 

at the College of William and Mary; 

(10) in 1726, the Virginia Colony discontinued funding 

of interpreters for the Chickahominy and Mattaponi Indian 

Tribes; 

(11) James Adams, who served as an interpreter to the 

Indian tribes known as of the date of enactment of this Act 

as the ‘‘Upper Mattaponi Indian Tribe’’ and ‘‘Chickahominy 

Indian Tribe’’, elected to stay with the Upper Mattaponi 

Indians; 

(12) today, a majority of the Upper Mattaponi Indians 

have ‘‘Adams’’ as their surname; 

(13) in 1787, Thomas Jefferson, in Notes on the Commonwealth of Virginia, mentioned the Mattaponi Indians on a reservation in King William County and said that Chickahominy 

Indians were ‘‘blended’’ with the Mattaponi Indians and nearby 

Pamunkey Indians; 

(14) in 1850, the census of the United States revealed 

a nucleus of approximately 10 families, all ancestral to modern 

Upper Mattaponi Indians, living in central King William 

County, Virginia, approximately 10 miles from the reservation; 

(15) during the period of 1853 through 1884, King William 

County marriage records listed Upper Mattaponis as ‘‘Indians’’ 

in marrying people residing on the reservation; 

(16) during the period of 1884 through the present, county 

marriage records usually refer to Upper Mattaponis as 

‘‘Indians’’; 

(17) in 1901, Smithsonian anthropologist James Mooney 

heard about the Upper Mattaponi Indians but did not visit 

them; 


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PUBLIC LAW 115–121—JAN. 29, 2018 132 STAT. 49 

(18) in 1928, University of Pennsylvania anthropologist 

Frank Speck published a book on modern Virginia Indians 

with a section on the Upper Mattaponis; 

(19) from 1929 until 1930, the leadership of the Upper 

Mattaponi Indians opposed the use of a ‘‘colored’’ designation 

in the 1930 United States census and won a compromise in 

which the Indian ancestry of the Upper Mattaponis was 

recorded but questioned; 

(20) during the period of 1942 through 1945— 

(A) the leadership of the Upper Mattaponi Indians, 

with the help of Frank Speck and others, fought against 

the induction of young men of the Tribe into ‘‘colored’’ 

units in the Armed Forces of the United States; and 

(B) a tribal roll for the Upper Mattaponi Indians was 

compiled; 

(21) from 1945 to 1946, negotiations took place to admit 

some of the young people of the Upper Mattaponi to high 

schools for Federal Indians (especially at Cherokee) because 

no high school coursework was available for Indians in Virginia 

schools; and 

(22) in 1983, the Upper Mattaponi Indians applied for 

and won State recognition as an Indian tribe. 

SEC. 302. DEFINITIONS. 

In this title: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(2) TRIBAL MEMBER.—The term ‘‘tribal member’’ means— 

(A) an individual who is an enrolled member of the 

Tribe as of the date of enactment of this Act; and 

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

(3) TRIBE.—The term ‘‘Tribe’’ means the Upper Mattaponi 

Tribe. 

SEC. 303. FEDERAL RECOGNITION. 

(a) FEDERAL RECOGNITION.— 

(1) IN GENERAL.—Federal recognition is extended to the 

Tribe. 

(2) APPLICABILITY OF LAWS.—All laws (including regulations) of the United States of general applicability to Indians 

or nations, Indian tribes, or bands of Indians (including the 

Act of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not 

inconsistent with this title shall be applicable to the Tribe 

and tribal members. 

(b) FEDERAL SERVICES AND BENEFITS.— 

(1) IN GENERAL.—On and after the date of enactment of 

this Act, the Tribe and tribal members shall be eligible for 

all services and benefits provided by the Federal Government 

to federally recognized Indian tribes without regard to the 

existence of a reservation for the Tribe. 

(2) SERVICE AREA.—For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe 

shall be considered to be the area within 25 miles of the 

Sharon Indian School at 13383 King William Road, King William County, Virginia. 

Effective date. 


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132 STAT. 50 PUBLIC LAW 115–121—JAN. 29, 2018 

SEC. 304. MEMBERSHIP; GOVERNING DOCUMENTS. 

The membership roll and governing documents of the Tribe 

shall be the most recent membership roll and governing documents, 

respectively, submitted by the Tribe to the Secretary before the 

date of enactment of this Act. 

SEC. 305. GOVERNING BODY. 

The governing body of the Tribe shall be— 

(1) the governing body of the Tribe in place as of the 

date of enactment of this Act; or 

(2) any subsequent governing body elected in accordance 

with the election procedures specified in the governing documents of the Tribe. 

SEC. 306. RESERVATION OF THE TRIBE. 

(a) IN GENERAL.—Upon the request of the Tribe, the Secretary 

of the Interior— 

(1) shall take into trust for the benefit of the Tribe any 

land held in fee by the Tribe that was acquired by the Tribe 

on or before January 1, 2007, if such lands are located within 

the boundaries of King William County, Caroline County, Hanover County, King and Queen County, and New Kent County, 

Virginia; and 

(2) may take into trust for the benefit of the Tribe any 

land held in fee by the Tribe, if such lands are located within 

the boundaries of King William County, Caroline County, Hanover County, King and Queen County, and New Kent County, 

Virginia. 

(b) DEADLINE FOR DETERMINATION.—The Secretary shall make 

a final written determination not later than 3 years of the date 

which the Tribe submits a request for land to be taken into trust 

under subsection (a)(2) and shall immediately make that determination available to the Tribe. 

(c) RESERVATION STATUS.—Any land taken into trust for the 

benefit of the Tribe pursuant to this paragraph shall, upon request 

of the Tribe, be considered part of the reservation of the Tribe. 

(d) GAMING.—The Tribe may not conduct gaming activities 

as a matter of claimed inherent authority or under the authority 

of any Federal law, including the Indian Gaming Regulatory Act 

(25 U.S.C. 2701 et seq.) or under any regulations thereunder 

promulgated by the Secretary or the National Indian Gaming 

Commission. 

SEC. 307. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER 

RIGHTS. 

Nothing in this title expands, reduces, or affects in any manner 

any hunting, fishing, trapping, gathering, or water rights of the 

Tribe and members of the Tribe. 

TITLE IV—RAPPAHANNOCK TRIBE, INC. 

SEC. 401. FINDINGS. 

Congress finds that— 

(1) during the initial months after Virginia was settled, 

the Rappahannock Indians had three encounters with Captain 

John Smith; 

Effective date. 


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PUBLIC LAW 115–121—JAN. 29, 2018 132 STAT. 51 

(2) the first encounter occurred when the Rappahannock 

weroance (headman)— 

(A) traveled to Quiyocohannock (a principal town 

across the James River from Jamestown), where he met 

with Smith to determine whether Smith had been the 

‘‘great man’’ who had previously sailed into the Rappahannock River, killed a Rappahannock weroance, and kidnapped Rappahannock people; and 

(B) determined that Smith was too short to be that 

‘‘great man’’; 

(3) on a second meeting, during John Smith’s captivity 

(December 16, 1607, to January 8, 1608), Smith was taken 

to the Rappahannock principal village to show the people that 

Smith was not the ‘‘great man’’; 

(4) a third meeting took place during Smith’s exploration 

of the Chesapeake Bay (July to September 1608), when, after 

the Moraughtacund Indians had stolen three women from the 

Rappahannock King, Smith was prevailed upon to facilitate 

a peaceful truce between the Rappahannock and the 

Moraughtacund Indians; 

(5) in the settlement, Smith had the two Indian tribes 

meet on the spot of their first fight; 

(6) when it was established that both groups wanted peace, 

Smith told the Rappahannock King to select which of the three 

stolen women he wanted; 

(7) the Moraughtacund King was given second choice 

among the two remaining women, and Mosco, a Wighcocomoco 

(on the Potomac River) guide, was given the third woman; 

(8) in 1645, Captain William Claiborne tried unsuccessfully 

to establish treaty relations with the Rappahannocks, as the 

Rappahannocks had not participated in the Pamunkey-led 

uprising in 1644, and the English wanted to ‘‘treat with the 

Rappahannocks or any other Indians not in amity with 

Opechancanough, concerning serving the county against the 

Pamunkeys’’; 

(9) in April 1651, the Rappahannocks conveyed a tract 

of land to an English settler, Colonel Morre Fauntleroy; 

(10) the deed for the conveyance was signed by 

Accopatough, weroance of the Rappahannock Indians; 

(11) in September 1653, Lancaster County signed a treaty 

with Rappahannock Indians, the terms of which treaty— 

(A) gave Rappahannocks the rights of Englishmen in 

the county court; and 

(B) attempted to make the Rappahannocks more 

accountable under English law; 

(12) in September 1653, Lancaster County defined and 

marked the bounds of its Indian settlements; 

(13) according to the Lancaster clerk of court, ‘‘the tribe 

called the great Rappahannocks lived on the Rappahannock 

Creek just across the river above Tappahannock’’; 

(14) in September 1656, (Old) Rappahannock County 

(which, as of the date of enactment of this Act, is comprised 

of Richmond and Essex Counties, Virginia) signed a treaty 

with Rappahannock Indians that— 

(A) mirrored the Lancaster County treaty from 1653; 

and 

(B) stated that— 


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132 STAT. 52 PUBLIC LAW 115–121—JAN. 29, 2018 

(i) Rappahannocks were to be rewarded, in 

Roanoke, for returning English fugitives; and 

(ii) the English encouraged the Rappahannocks 

to send their children to live among the English as 

servants, who the English promised would be welltreated; 

(15) in 1658, the Virginia Assembly revised a 1652 Act 

stating that ‘‘there be no grants of land to any Englishman 

whatsoever de futuro until the Indians be first served with 

the proportion of 50 acres of land for each bowman’’; 

(16) in 1669, the colony conducted a census of Virginia 

Indians; 

(17) as of the date of that census— 

(A) the majority of the Rappahannocks were residing 

at their hunting village on the north side of the Mattaponi 

River; and 

(B) at the time of the visit, census-takers were counting 

only the Indian tribes along the rivers, which explains 

why only 30 Rappahannock bowmen were counted on that 

river; 

(18) the Rappahannocks used the hunting village on the 

north side of the Mattaponi River as their primary residence 

until the Rappahannocks were removed in 1684; 

(19) in May 1677, the Treaty of Middle Plantation was 

signed with England; 

(20) the Pamunkey Queen Cockacoeske signed on behalf 

of the Rappahannocks, ‘‘who were supposed to be her tributaries’’, but before the treaty could be ratified, the Queen of 

Pamunkey complained to the Virginia Colonial Council ‘‘that 

she was having trouble with Rappahannocks and 

Chickahominies, supposedly tributaries of hers’’; 

(21) in November 1682, the Virginia Colonial Council established a reservation for the Rappahannock Indians of 3,474 

acres ‘‘about the town where they dwelt’’; 

(22) the Rappahannock ‘‘town’’ was the hunting village 

on the north side of the Mattaponi River, where the 

Rappahannocks had lived throughout the 1670s; 

(23) the acreage allotment of the reservation was based 

on the 1658 Indian land act, which translates into a bowman 

population of 70, or an approximate total Rappahannock population of 350; 

(24) in 1683, following raids by Iroquoian warriors on both 

Indian and English settlements, the Virginia Colonial Council 

ordered the Rappahannocks to leave their reservation and unite 

with the Nanzatico Indians at Nanzatico Indian Town, which 

was located across and up the Rappahannock River some 30 

miles; 

(25) between 1687 and 1699, the Rappahannocks migrated 

out of Nanzatico, returning to the south side of the Rappahannock River at Portobacco Indian Town; 

(26) in 1706, by order of Essex County, Lieutenant Richard 

Covington ‘‘escorted’’ the Portobaccos and Rappahannocks out 

of Portobacco Indian Town, out of Essex County, and into 

King and Queen County where they settled along the ridgeline 

between the Rappahannock and Mattaponi Rivers, the site 

of their ancient hunting village and 1682 reservation; 


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PUBLIC LAW 115–121—JAN. 29, 2018 132 STAT. 53 

(27) during the 1760s, three Rappahannock girls were 

raised on Thomas Nelson’s Bleak Hill Plantation in King William County; 

(28) of those girls— 

(A) one married a Saunders man; 

(B) one married a Johnson man; and 

(C) one had two children, Edmund and Carter Nelson, 

fathered by Thomas Cary Nelson; 

(29) in the 19th century, those Saunders, Johnson, and 

Nelson families are among the core Rappahannock families 

from which the modern Tribe traces its descent; 

(30) in 1819 and 1820, Edward Bird, John Bird (and his 

wife), Carter Nelson, Edmund Nelson, and Carter Spurlock 

(all Rappahannock ancestors) were listed on the tax roles of 

King and Queen County and taxed at the county poor rate; 

(31) Edmund Bird was added to the tax roles in 1821; 

(32) those tax records are significant documentation 

because the great majority of pre-1864 records for King and 

Queen County were destroyed by fire; 

(33) beginning in 1819, and continuing through the 1880s, 

there was a solid Rappahannock presence in the membership 

at Upper Essex Baptist Church; 

(34) that was the first instance of conversion to Christianity 

by at least some Rappahannock Indians; 

(35) while 26 identifiable and traceable Rappahannock surnames appear on the pre-1863 membership list, and 28 were 

listed on the 1863 membership roster, the number of surnames 

listed had declined to 12 in 1878 and had risen only slightly 

to 14 by 1888; 

(36) a reason for the decline is that in 1870, a Methodist 

circuit rider, Joseph Mastin, secured funds to purchase land 

and construct St. Stephens Baptist Church for the 

Rappahannocks living nearby in Caroline County; 

(37) Mastin referred to the Rappahannocks during the 

period of 1850 to 1870 as ‘‘Indians, having a great need for 

moral and Christian guidance’’; 

(38) St. Stephens was the dominant tribal church until 

the Rappahannock Indian Baptist Church was established in 

1964; 

(39) at both churches, the core Rappahannock family names 

of Bird, Clarke, Fortune, Johnson, Nelson, Parker, and Richardson predominate; 

(40) during the early 1900s, James Mooney, noted 

anthropologist, maintained correspondence with the 

Rappahannocks, surveying them and instructing them on how 

to formalize their tribal government; 

(41) in November 1920, Speck visited the Rappahannocks 

and assisted them in organizing the fight for their sovereign 

rights; 

(42) in 1921, the Rappahannocks were granted a charter 

from the Commonwealth of Virginia formalizing their tribal 

government; 

(43) Speck began a professional relationship with the Tribe 

that would last more than 30 years and document Rappahannock history and traditions as never before; 

(44) in April 1921, Rappahannock Chief George Nelson 

asked the Governor of Virginia, Westmoreland Davis, to forward 


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132 STAT. 54 PUBLIC LAW 115–121—JAN. 29, 2018 

a proclamation to the President of the United States, along 

with an appended list of tribal members and a handwritten 

copy of the proclamation itself; 

(45) the letter concerned Indian freedom of speech and 

assembly nationwide; 

(46) in 1922, the Rappahannocks established a formal 

school at Lloyds, Essex County, Virginia; 

(47) prior to establishment of the school, Rappahannock 

children were taught by a tribal member in Central Point, 

Caroline County, Virginia; 

(48) in December 1923, Rappahannock Chief George Nelson 

testified before Congress appealing for a $50,000 appropriation 

to establish an Indian school in Virginia; 

(49) in 1930, the Rappahannocks were engaged in an 

ongoing dispute with the Commonwealth of Virginia and the 

United States Census Bureau about their classification in the 

1930 Federal census; 

(50) in January 1930, Rappahannock Chief Otho S. Nelson 

wrote to Leon Truesdell, Chief Statistician of the United States 

Census Bureau, asking that the 218 enrolled Rappahannocks 

be listed as Indians; 

(51) in February 1930, Truesdell replied to Nelson saying 

that ‘‘special instructions’’ were being given about classifying 

Indians; 

(52) in April 1930, Nelson wrote to William M. Steuart 

at the Census Bureau asking about the enumerators’ failure 

to classify his people as Indians, saying that enumerators had 

not asked the question about race when they interviewed his 

people; 

(53) in a followup letter to Truesdell, Nelson reported that 

the enumerators were ‘‘flatly denying’’ his people’s request to 

be listed as Indians and that the race question was completely 

avoided during interviews; 

(54) the Rappahannocks had spoken with Caroline and 

Essex County enumerators, and with John M.W. Green at 

that point, without success; 

(55) Nelson asked Truesdell to list people as Indians if 

he sent a list of members; 

(56) the matter was settled by William Steuart, who concluded that the Bureau’s rule was that people of Indian descent 

could be classified as ‘‘Indian’’ only if Indian ‘‘blood’’ predominated and ‘‘Indian’’ identity was accepted in the local community; 

(57) the Virginia Vital Statistics Bureau classed all nonreservation Indians as ‘‘Negro’’, and it failed to see why ‘‘an 

exception should be made’’ for the Rappahannocks; 

(58) therefore, in 1925, the Indian Rights Association took 

on the Rappahannock case to assist the Rappahannocks in 

fighting for their recognition and rights as an Indian tribe; 

(59) during the Second World War, the Pamunkeys, 

Mattaponis, Chickahominies, and Rappahannocks had to fight 

the draft boards with respect to their racial identities; 

(60) the Virginia Vital Statistics Bureau insisted that certain Indian draftees be inducted into Negro units; 

(61) finally, three Rappahannocks were convicted of violating the Federal draft laws and, after spending time in a 

Federal prison, were granted conscientious objector status and 


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PUBLIC LAW 115–121—JAN. 29, 2018 132 STAT. 55 

served out the remainder of the war working in military hospitals; 

(62) in 1943, Frank Speck noted that there were approximately 25 communities of Indians left in the Eastern United 

States that were entitled to Indian classification, including 

the Rappahannocks; 

(63) in the 1940s, Leon Truesdell, Chief Statistician, of 

the United States Census Bureau, listed 118 members in the 

Rappahannock Tribe in the Indian population of Virginia; 

(64) on April 25, 1940, the Office of Indian Affairs of 

the Department of the Interior included the Rappahannocks 

on a list of Indian tribes classified by State and by agency; 

(65) in 1948, the Smithsonian Institution Annual Report 

included an article by William Harlen Gilbert entitled, ‘‘Surviving Indian Groups of the Eastern United States’’, which 

included and described the Rappahannock Tribe; 

(66) in the late 1940s and early 1950s, the Rappahannocks 

operated a school at Indian Neck; 

(67) the State agreed to pay a tribal teacher to teach 

10 students bused by King and Queen County to Sharon Indian 

School in King William County, Virginia; 

(68) in 1965, Rappahannock students entered Marriott 

High School (a White public school) by Executive order of 

the Governor of Virginia; 

(69) in 1972, the Rappahannocks worked with the Coalition 

of Eastern Native Americans to fight for Federal recognition; 

(70) in 1979, the Coalition established a pottery and artisans company, operating with other Virginia tribes; 

(71) in 1980, the Rappahannocks received funding through 

the Administration for Native Americans of the Department 

of Health and Human Services to develop an economic program 

for the Tribe; and 

(72) in 1983, the Rappahannocks received State recognition 

as an Indian tribe. 

SEC. 402. DEFINITIONS. 

In this title: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(2) TRIBAL MEMBER.—The term ‘‘tribal member’’ means— 

(A) an individual who is an enrolled member of the 

Tribe as of the date of enactment of this Act; and 

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

(3) TRIBE.— 

(A) IN GENERAL.—The term ‘‘Tribe’’ means the 

organization possessing the legal name Rappahannock 

Tribe, Inc. 

(B) EXCLUSIONS.—The term ‘‘Tribe’’ does not include 

any other Indian tribe, subtribe, band, or splinter group 

the members of which represent themselves as Rappahannock Indians. 

SEC. 403. FEDERAL RECOGNITION. 

(a) FEDERAL RECOGNITION.— (1) IN GENERAL.—Federal recognition is extended to the 

Tribe. 


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(2) APPLICABILITY OF LAWS.—All laws (including regulations) of the United States of general applicability to Indians 

or nations, Indian tribes, or bands of Indians (including the 

Act of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not 

inconsistent with this title shall be applicable to the Tribe 

and tribal members. 

(b) FEDERAL SERVICES AND BENEFITS.— (1) IN GENERAL.—On and after the date of enactment of 

this Act, the Tribe and tribal members shall be eligible for 

all services and benefits provided by the Federal Government 

to federally recognized Indian tribes without regard to the 

existence of a reservation for the Tribe. 

(2) SERVICE AREA.—For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe 

shall be considered to be the area comprised of King and 

Queen County, Caroline County, Essex County, and King William County, Virginia. 

SEC. 404. MEMBERSHIP; GOVERNING DOCUMENTS. 

The membership roll and governing documents of the Tribe 

shall be the most recent membership roll and governing documents, 

respectively, submitted by the Tribe to the Secretary before the 

date of enactment of this Act. 

SEC. 405. GOVERNING BODY. 

The governing body of the Tribe shall be— 

(1) the governing body of the Tribe in place as of the 

date of enactment of this Act; or 

(2) any subsequent governing body elected in accordance 

with the election procedures specified in the governing documents of the Tribe. 

SEC. 406. RESERVATION OF THE TRIBE. 

(a) IN GENERAL.—Upon the request of the Tribe, the Secretary 

of the Interior— 

(1) shall take into trust for the benefit of the Tribe any 

land held in fee by the Tribe that was acquired by the Tribe 

on or before January 1, 2007, if such lands are located within 

the boundaries of King and Queen County, Stafford County, 

Spotsylvania County, Richmond County, Essex County, and 

Caroline County, Virginia; and 

(2) may take into trust for the benefit of the Tribe any 

land held in fee by the Tribe, if such lands are located within 

the boundaries of King and Queen County, Richmond County, 

Lancaster County, King George County, Essex County, Caroline 

County, New Kent County, King William County, and James 

City County, Virginia. 

(b) DEADLINE FOR DETERMINATION.—The Secretary shall make 

a final written determination not later than 3 years of the date 

which the Tribe submits a request for land to be taken into trust 

under subsection (a)(2) and shall immediately make that determination available to the Tribe. 

(c) RESERVATION STATUS.—Any land taken into trust for the 

benefit of the Tribe pursuant to this paragraph shall, upon request 

of the Tribe, be considered part of the reservation of the Tribe. 

(d) GAMING.—The Tribe may not conduct gaming activities 

as a matter of claimed inherent authority or under the authority 

of any Federal law, including the Indian Gaming Regulatory Act 

Effective date. 

Effective date. 


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PUBLIC LAW 115–121—JAN. 29, 2018 132 STAT. 57 

(25 U.S.C. 2701 et seq.) or under any regulations thereunder 

promulgated by the Secretary or the National Indian Gaming 

Commission. 

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

RIGHTS. 

Nothing in this title expands, reduces, or affects in any manner 

any hunting, fishing, trapping, gathering, or water rights of the 

Tribe and members of the Tribe. 

TITLE V—MONACAN INDIAN NATION 

SEC. 501. FINDINGS. 

Congress finds that— 

(1) in 1677, the Monacan Tribe signed the Treaty of Middle 

Plantation between Charles II of England and 12 Indian ‘‘Kings 

and Chief Men’’; 

(2) in 1722, in the Treaty of Albany, Governor Spotswood 

negotiated to save the Virginia Indians from extinction at the 

hands of the Iroquois; 

(3) specifically mentioned in the negotiations were the 

Monacan tribes of the Totero (Tutelo), Saponi, Ocheneeches 

(Occaneechi), Stengenocks, and Meipontskys; 

(4) in 1790, the first national census recorded Benjamin 

Evans and Robert Johns, both ancestors of the present Monacan 

community, listed as ‘‘white’’ with mulatto children; 

(5) in 1782, tax records also began for those families; 

(6) in 1850, the United States census recorded 29 families, 

mostly large, with Monacan surnames, the members of which 

are genealogically related to the present community; 

(7) in 1870, a log structure was built at the Bear Mountain 

Indian Mission; 

(8) in 1908, the structure became an Episcopal Mission 

and, as of the date of enactment of this Act, the structure 

is listed as a landmark on the National Register of Historic 

Places; 

(9) in 1920, 304 Amherst Indians were identified in the 

United States census; 

(10) from 1930 through 1931, numerous letters from 

Monacans to the Bureau of the Census resulted from the decision of Dr. Walter Plecker, former head of the Bureau of Vital 

Statistics of the Commonwealth of Virginia, not to allow Indians 

to register as Indians for the 1930 census; 

(11) the Monacans eventually succeeded in being allowed 

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

from Dr. Plecker stating that there were no Indians in Virginia; 

(12) in 1947, D’Arcy McNickle, a Salish Indian, saw some 

of the children at the Amherst Mission and requested that 

the Cherokee Agency visit them because they appeared to be 

Indian; 

(13) that letter was forwarded to the Department of the 

Interior, Office of Indian Affairs, Chicago, Illinois; 

(14) Chief Jarrett Blythe of the Eastern Band of Cherokee 

did visit the Mission and wrote that he ‘‘would be willing 

to accept these children in the Cherokee school’’; 


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(15) in 1979, a Federal Coalition of Eastern Native Americans established the entity known as ‘‘Monacan Co-operative 

Pottery’’ at the Amherst Mission; 

(16) some important pieces were produced at Monacan 

Co-operative Pottery, including a piece that was sold to the 

Smithsonian Institution; 

(17) the Mattaponi-Pamunkey-Monacan Consortium, established in 1981, has since been organized as a nonprofit corporation that serves as a vehicle to obtain funds for those Indian 

tribes from the Department of Labor under Native American 

programs; 

(18) in 1989, the Monacan Tribe was recognized by the 

Commonwealth of Virginia, which enabled the Tribe to apply 

for grants and participate in other programs; and 

(19) in 1993, the Monacan Tribe received tax-exempt status 

as a nonprofit corporation from the Internal Revenue Service. 

SEC. 502. DEFINITIONS. 

In this title: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(2) TRIBAL MEMBER.—The term ‘‘tribal member’’ means— 

(A) an individual who is an enrolled member of the 

Tribe as of the date of enactment of this Act; and 

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

(3) TRIBE.—The term ‘‘Tribe’’ means the Monacan Indian 

Nation. 

SEC. 503. FEDERAL RECOGNITION. 

(a) FEDERAL RECOGNITION.— 

(1) IN GENERAL.—Federal recognition is extended to the 

Tribe. 

(2) APPLICABILITY OF LAWS.—All laws (including regulations) of the United States of general applicability to Indians 

or nations, Indian tribes, or bands of Indians (including the 

Act of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not 

inconsistent with this title shall be applicable to the Tribe 

and tribal members. 

(b) FEDERAL SERVICES AND BENEFITS.— 

(1) IN GENERAL.—On and after the date of enactment of 

this Act, the Tribe and tribal members shall be eligible for 

all services and benefits provided by the Federal Government 

to federally recognized Indian tribes without regard to the 

existence of a reservation for the Tribe. 

(2) SERVICE AREA.—For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe 

shall be considered to be the area comprised of all land within 

25 miles from the center of Amherst, Virginia. 

SEC. 504. MEMBERSHIP; GOVERNING DOCUMENTS. 

The membership roll and governing documents of the Tribe 

shall be the most recent membership roll and governing documents, 

respectively, submitted by the Tribe to the Secretary before the 

date of enactment of this Act. 

SEC. 505. GOVERNING BODY. 

The governing body of the Tribe shall be— 

Effective date. 


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PUBLIC LAW 115–121—JAN. 29, 2018 132 STAT. 59 

(1) the governing body of the Tribe in place as of the 

date of enactment of this Act; or 

(2) any subsequent governing body elected in accordance 

with the election procedures specified in the governing documents of the Tribe. 

SEC. 506. RESERVATION OF THE TRIBE. 

(a) IN GENERAL.—Upon the request of the Tribe, the Secretary 

of the Interior— 

(1) shall take into trust for the benefit of the Tribe any 

land held in fee by the Tribe that was acquired by the Tribe 

on or before January 1, 2007, if such lands are located within 

the boundaries of Amherst County, Virginia; and 

(2) may take into trust for the benefit of the Tribe any 

land held in fee by the Tribe, if such lands are located within 

the boundaries of Amherst County, Virginia, and those parcels 

in Rockbridge County, Virginia (subject to the consent of the 

local unit of government), owned by Mr. J. Poole, described 

as East 731 Sandbridge (encompassing approximately 4.74 

acres) and East 731 (encompassing approximately 5.12 acres). 

(b) DEADLINE FOR DETERMINATION.—The Secretary shall make 

a final written determination not later than 3 years of the date 

which the Tribe submits a request for land to be taken into trust 

under subsection (a)(2) and shall immediately make that determination available to the Tribe. 

(c) RESERVATION STATUS.—Any land taken into trust for the 

benefit of the Tribe pursuant to this paragraph shall, upon request 

of the Tribe, be considered part of the reservation of the Tribe. 

(d) GAMING.—The Tribe may not conduct gaming activities 

as a matter of claimed inherent authority or under the authority 

of any Federal law, including the Indian Gaming Regulatory Act 

(25 U.S.C. 2701 et seq.) or under any regulations thereunder 

promulgated by the Secretary or the National Indian Gaming 

Commission. 

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

RIGHTS. 

Nothing in this title expands, reduces, or affects in any manner 

any hunting, fishing, trapping, gathering, or water rights of the 

Tribe and members of the Tribe. 

TITLE VI—NANSEMOND INDIAN TRIBE 

SEC. 601. FINDINGS. 

Congress finds that— 

(1) from 1607 until 1646, Nansemond Indians— 

(A) lived approximately 30 miles from Jamestown; and 

(B) were significantly involved in English-Indian 

affairs; 

(2) after 1646, there were two sections of Nansemonds 

in communication with each other, the Christianized 

Nansemonds in Norfolk County, who lived as citizens, and 

the traditionalist Nansemonds, who lived further west; 

(3) in 1638, according to an entry in a 17th century sermon 

book still owned by the Chief’s family, a Norfolk County 

Englishman married a Nansemond woman; 

Effective date. 


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(4) that man and woman are lineal ancestors of all of 

members of the Nansemond Indian tribe alive as of the date 

of enactment of this Act, as are some of the traditionalist 

Nansemonds; 

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

(6) in 1677, Nansemond Indians were signatories to the 

Treaty of 1677 with the King of England; 

(7) in 1700 and 1704, the Nansemonds and other Virginia 

Indian tribes were prevented by Virginia Colony from making 

a separate peace with the Iroquois; 

(8) Virginia represented those Indian tribes in the final 

Treaty of Albany, 1722; 

(9) in 1711, a Nansemond boy attended the Indian School 

at the College of William and Mary; 

(10) in 1727, Norfolk County granted William Bass and 

his kinsmen the ‘‘Indian privileges’’ of clearing swamp land 

and bearing arms (which privileges were forbidden to other 

non-Whites) because of their Nansemond ancestry, which meant 

that Bass and his kinsmen were original inhabitants of that 

land; 

(11) in 1742, Norfolk County issued a certificate of 

Nansemond descent to William Bass; 

(12) from the 1740s to the 1790s, the traditionalist section 

of the Nansemond tribe, 40 miles west of the Christianized 

Nansemonds, was dealing with reservation land; 

(13) the last surviving members of that section sold out 

in 1792 with the permission of the Commonwealth of Virginia; 

(14) in 1797, Norfolk County issued a certificate stating 

that William Bass was of Indian and English descent, and 

that his Indian line of ancestry ran directly back to the early 

18th century elder in a traditionalist section of Nansemonds 

on the reservation; 

(15) in 1833, Virginia enacted a law enabling people of 

European and Indian descent to obtain a special certificate 

of ancestry; 

(16) the law originated from the county in which 

Nansemonds lived, and mostly Nansemonds, with a few people 

from other counties, took advantage of the new law; 

(17) a Methodist mission established around 1850 for 

Nansemonds is currently a standard Methodist congregation 

with Nansemond members; 

(18) in 1901, Smithsonian anthropologist James Mooney— 

(A) visited the Nansemonds; and 

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

(19) in 1922, Nansemonds were given a special Indian 

school in the segregated school system of Norfolk County; 

(20) the school survived only a few years; 

(21) in 1928, University of Pennsylvania anthropologist 

Frank Speck published a book on modern Virginia Indians 

that included a section on the Nansemonds; and 

(22) the Nansemonds were organized formally, with elected 

officers, in 1984, and later applied for and received State recognition. 


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PUBLIC LAW 115–121—JAN. 29, 2018 132 STAT. 61 

SEC. 602. DEFINITIONS. 

In this title: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(2) TRIBAL MEMBER.—The term ‘‘tribal member’’ means— 

(A) an individual who is an enrolled member of the 

Tribe as of the date of enactment of this Act; and 

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

(3) TRIBE.—The term ‘‘Tribe’’ means the Nansemond Indian 

Tribe. 

SEC. 603. FEDERAL RECOGNITION. 

(a) FEDERAL RECOGNITION.— 

(1) IN GENERAL.—Federal recognition is extended to the 

Tribe. 

(2) APPLICABILITY OF LAWS.—All laws (including regulations) of the United States of general applicability to Indians 

or nations, Indian tribes, or bands of Indians (including the 

Act of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not 

inconsistent with this title shall be applicable to the Tribe 

and tribal members. 

(b) FEDERAL SERVICES AND BENEFITS.— 

(1) IN GENERAL.—On and after the date of enactment of 

this Act, the Tribe and tribal members shall be eligible for 

all services and benefits provided by the Federal Government 

to federally recognized Indian tribes without regard to the 

existence of a reservation for the Tribe. 

(2) SERVICE AREA.—For the purpose of the delivery of Federal services to tribal members, the service area of the Tribe 

shall be considered to be the area comprised of the cities 

of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, 

Suffolk, and Virginia Beach, Virginia. 

SEC. 604. MEMBERSHIP; GOVERNING DOCUMENTS. 

The membership roll and governing documents of the Tribe 

shall be the most recent membership roll and governing documents, 

respectively, submitted by the Tribe to the Secretary before the 

date of enactment of this Act. 

SEC. 605. GOVERNING BODY. 

The governing body of the Tribe shall be— 

(1) the governing body of the Tribe in place as of the 

date of enactment of this Act; or 

(2) any subsequent governing body elected in accordance 

with the election procedures specified in the governing documents of the Tribe. 

SEC. 606. RESERVATION OF THE TRIBE. 

(a) IN GENERAL.—Upon the request of the Tribe, the Secretary 

of the Interior— 

(1) shall take into trust for the benefit of the Tribe any 

land held in fee by the Tribe that was acquired by the Tribe 

on or before January 1, 2007, if such lands are located within 

the boundaries of the city of Suffolk, the city of Chesapeake, 

or Isle of Wight County, Virginia; and 

(2) may take into trust for the benefit of the Tribe any 

land held in fee by the Tribe, if such lands are located within 

Effective date. 

Effective date. 


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132 STAT. 62 PUBLIC LAW 115–121—JAN. 29, 2018 

LEGISLATIVE HISTORY—H.R. 984: 

CONGRESSIONAL RECORD: 

Vol. 163 (2017): May 17, considered and passed House. 

Vol. 164 (2018): Jan. 11, considered and passed Senate. 

Æ 

the boundaries of the city of Suffolk, the city of Chesapeake, 

or Isle of Wight County, Virginia. 

(b) DEADLINE FOR DETERMINATION.—The Secretary shall make 

a final written determination not later than 3 years of the date 

which the Tribe submits a request for land to be taken into trust 

under subsection (a)(2) and shall immediately make that determination available to the Tribe. 

(c) RESERVATION STATUS.—Any land taken into trust for the 

benefit of the Tribe pursuant to this paragraph shall, upon request 

of the Tribe, be considered part of the reservation of the Tribe. 

(d) GAMING.—The Tribe may not conduct gaming activities 

as a matter of claimed inherent authority or under the authority 

of any Federal law, including the Indian Gaming Regulatory Act 

(25 U.S.C. 2701 et seq.) or under any regulations thereunder 

promulgated by the Secretary or the National Indian Gaming 

Commission. 

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

RIGHTS. 

Nothing in this title expands, reduces, or affects in any manner 

any hunting, fishing, trapping, gathering, or water rights of the 

Tribe and members of the Tribe. 

TITLE VII—EMINENT DOMAIN 

SEC. 701. LIMITATION. 

Eminent domain may not be used to acquire lands in fee 

or in trust for an Indian tribe recognized under this Act. 

Approved January 29, 2018. 


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