IB 

Union Calendar No. 50 

111TH CONGRESS 

1ST SESSION H. R. 1385 

[Report No. 111–104] 

To extend Federal recognition to the Chickahominy Indian Tribe, the Chickahominy Indian Tribe—Eastern Division, the Upper Mattaponi Tribe, 

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

Nansemond Indian Tribe. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2009 

Mr. MORAN of Virginia (for himself, Mr. RAHALL, Mr. WITTMAN, Mr. 

CONNOLLY of Virginia, Mr. GRIJALVA, Mr. PERRIELLO, and Mr. SCOTT

of Virginia) introduced the following bill; which was referred to the Committee on Natural Resources 

MAY 12, 2009 

Additional sponsors: Mr. ABERCROMBIE and Mr. KILDEE

MAY 12, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 9, 2009] 

A BILL 

To extend Federal recognition to the Chickahominy Indian 

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


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Inc., the Monacan Indian Nation, and the Nansemond 

Indian Tribe. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Thomasina E. Jordan Indian Tribes of Virginia Federal 

6 Recognition Act of 2009’’. 

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

8 Act is as follows: 

Sec. 1. Short title; table of contents. 

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. 

Sec. 108. Jurisdiction of Commonwealth of Virginia. 

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. 

Sec. 208. Jurisdiction of Commonwealth of Virginia. 

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. 

Sec. 308. Jurisdiction of Commonwealth of Virginia. 


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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. 

Sec. 408. Jurisdiction of Commonwealth of Virginia. 

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. 

Sec. 508. Jurisdiction of Commonwealth of Virginia. 

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. 

Sec. 608. Jurisdiction of Commonwealth of Virginia. 

1 TITLE I—CHICKAHOMINY INDIAN 

2 TRIBE 

3 SEC. 101. FINDINGS. 

4 Congress finds that— 

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 that received 

8 them; 

9 (2) in 1614, the Chickahominy Indian Tribe en10 tered into a treaty with Sir Thomas Dale, Governor 

11 of the Jamestown Colony, under which— 


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1 (A) the Chickahominy Indian Tribe agreed 

2 to provide 2 bushels of corn per man and send 

3 warriors to protect the English; and 

4 (B) Sir Thomas Dale agreed in return to 

5 allow the Tribe to continue to practice its own 

6 tribal governance; 

7 (3) in 1646, a treaty was signed which forced the 

8 Chickahominy from their homeland to the area 

9 around the York Mattaponi River in present-day 

10 King William County, leading to the formation of a 

11 reservation; 

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

13 Queen of Pamunkey signed the Treaty of Middle 

14 Plantation on behalf of the Chickahominy; 

15 (5) in 1702, the Chickahominy were forced from 

16 their reservation, which caused the loss of a land base; 

17 (6) in 1711, the College of William and Mary in 

18 Williamsburg established a grammar school for Indi19 ans called Brafferton College; 

20 (7) a Chickahominy child was 1 of the first Indi21 ans to attend Brafferton College; 

22 (8) in 1750, the Chickahominy Indian Tribe 

23 began to migrate from King William County back to 

24 the area around the Chickahominy River in New 

25 Kent and Charles City Counties; 


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1 (9) in 1793, a Baptist missionary named 

2 Bradby took refuge with the Chickahominy and took 

3 a Chickahominy woman as his wife; 

4 (10) in 1831, the names of the ancestors of the 

5 modern-day Chickahominy Indian Tribe began to ap6 pear in the Charles City County census records; 

7 (11) in 1901, the Chickahominy Indian Tribe 

8 formed Samaria Baptist Church; 

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

10 assessed a tribal tax so that their children could re11 ceive an education; 

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

13 build the first Samaria Indian School, buy supplies, 

14 and pay a teacher’s salary; 

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

16 Accounts for Virginia, told Chickahominy Chief O.W. 

17 Adkins that he had instructed the Commissioner of 

18 Revenue for Charles City County to record Chicka19 hominy tribal members on the county tax rolls as In20 dian, and not as white or colored; 

21 (15) during the period of 1920 through 1930, 

22 various Governors of the Commonwealth of Virginia 

23 wrote letters of introduction for Chickahominy Chiefs 

24 who had official business with Federal agencies in 

25 Washington, DC; 


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1 (16) in 1934, Chickahominy Chief O.O. Adkins 

2 wrote to John Collier, Commissioner of Indian Af3 fairs, requesting money to acquire land for the Chick4 ahominy Indian Tribe’s use, to build school, medical, 

5 and library facilities and to buy tractors, implements, 

6 and seed; 

7 (17) in 1934, John Collier, Commissioner of In8 dian Affairs, wrote to Chickahominy Chief O.O. 

9 Adkins, informing him that Congress had passed the 

10 Act of June 18, 1934 (commonly known as the ‘‘In11 dian Reorganization Act’’) (25 U.S.C. 461 et seq.), 

12 but had not made the appropriation to fund the Act; 

13 (18) in 1942, Chickahominy Chief O.O. Adkins 

14 wrote to John Collier, Commissioner of Indian Af15 fairs, asking for help in getting the proper racial des16 ignation on Selective Service records for Chicka17 hominy soldiers; 

18 (19) in 1943, John Collier, Commissioner of In19 dian Affairs, asked Douglas S. Freeman, editor of the 

20 Richmond News-Leader newspaper of Richmond, Vir21 ginia, to help Virginia Indians obtain proper racial 

22 designation on birth records; 

23 (20) Collier stated that his office could not offi24 cially intervene because it had no responsibility for 

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1 ical accident’’, but was ‘‘interested in them as de2 scendants of the original inhabitants of the region’’; 

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

4 of the Virginia State Board of Education approved 

5 Samaria Indian School to provide training to vet6 erans; 

7 (22) that school was established and run by the 

8 Chickahominy Indian Tribe; 

9 (23) in 1950, the Chickahominy Indian Tribe 

10 purchased and donated to the Charles City County 

11 School Board land to be used to build a modern 

12 school for students of the Chickahominy and other 

13 Virginia Indian tribes; 

14 (24) the Samaria Indian School included stu15 dents in grades 1 through 8; 

16 (25) in 1961, Senator Sam Ervin, Chairman of 

17 the Subcommittee on Constitutional Rights of the 

18 Committee on the Judiciary of the Senate, requested 

19 Chickahominy Chief O.O. Adkins to provide assist20 ance in analyzing the status of the constitutional 

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

22 (26) in 1967, the Charles City County school 

23 board closed Samaria Indian School and converted 

24 the school to a countywide primary school as a step 


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1 toward full school integration of Indian and non-In2 dian students; 

3 (27) in 1972, the Charles City County school 

4 board began receiving funds under the Indian Self5 Determination and Education Assistance Act (25 

6 U.S.C. 458aa et seq.) on behalf of Chickahominy stu7 dents, which funding is provided as of the date of en8 actment of this Act under title V of the Indian Self9 Determination and Education Assistance Act (25 

10 U.S.C. 458aaa et seq.); 

11 (28) 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 (29) in 1983, the Chickahominy Indian Tribe 

16 was granted recognition as an Indian tribe by the 

17 Commonwealth of Virginia, along with 5 other In18 dian tribes; and 

19 (30) in 1985, Governor Gerald Baliles was the 

20 special guest at an intertribal Thanksgiving Day din21 ner hosted by the Chickahominy Indian Tribe. 

22 SEC. 102. DEFINITIONS. 

23 In this title: 

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

25 the Secretary of the Interior. 


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1 (2) TRIBAL MEMBER.—The term ‘‘tribal mem2 ber’’ means— 

3 (A) an individual who is an enrolled mem4 ber of the Tribe as of the date of enactment of 

5 this Act; and 

6 (B) an individual who has been placed on 

7 the membership rolls of the Tribe in accordance 

8 with this title. 

9 (3) TRIBE.—The term ‘‘Tribe’’ means the Chick10 ahominy Indian Tribe. 

11 SEC. 103. FEDERAL RECOGNITION. 

12 (a) FEDERAL RECOGNITION.— 

13 (1) IN GENERAL.—Federal recognition is ex14 tended to the Tribe. 

15 (2) APPLICABILITY OF LAWS.—All laws (includ16 ing regulations) of the United States of general appli17 cability to Indians or nations, Indian tribes, or bands 

18 of Indians (including the Act of June 18, 1934 (25 

19 U.S.C. 461 et seq.)) that are not inconsistent with 

20 this title shall be applicable to the Tribe and tribal 

21 members. 

22 (b) FEDERAL SERVICES AND BENEFITS.— 

23 (1) IN GENERAL.—On and after the date of en24 actment of this Act, the Tribe and tribal members 

25 shall be eligible for all services and benefits provided 


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1 by the Federal Government to federally recognized In2 dian tribes without regard to the existence of a res3 ervation for the Tribe. 

4 (2) SERVICE AREA.—For the purpose of the de5 livery of Federal services to tribal members, the serv6 ice area of the Tribe shall be considered to be the area 

7 comprised of New Kent County, James City County, 

8 Charles City County, and Henrico County, Virginia. 

9 SEC. 104. MEMBERSHIP; GOVERNING DOCUMENTS. 

10 The membership roll and governing documents of the 

11 Tribe shall be the most recent membership roll and gov12 erning documents, respectively, submitted by the Tribe to 

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

14 SEC. 105. GOVERNING BODY. 

15 The governing body of the Tribe shall be— 

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

17 of the date of enactment of this Act; or 

18 (2) any subsequent governing body elected in ac19 cordance with the election procedures specified in the 

20 governing documents of the Tribe. 

21 SEC. 106. RESERVATION OF THE TRIBE. 

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

23 Secretary of the Interior— 

24 (1) shall take into trust for the benefit of the 

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1 quired by the Tribe on or before January 1, 2007, if 

2 such lands are located within the boundaries of New 

3 Kent County, James City County, Charles City Coun4 ty, or Henrico County, Virginia; and 

5 (2) may take into trust for the benefit of the 

6 Tribe any land held in fee by the Tribe, if such lands 

7 are located within the boundaries of New Kent Coun8 ty, James City County, Charles City County, or 

9 Henrico County, Virginia. 

10 (b) DEADLINE FOR DETERMINATION.—The Secretary 

11 shall make a final written determination not later than 

12 three years of the date which the Tribe submits a request 

13 for land to be taken into trust under subsection (a)(2) and 

14 shall immediately make that determination available to the 

15 Tribe. 

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

17 for the benefit of the Tribe pursuant to this paragraph shall, 

18 upon request of the Tribe, be considered part of the reserva19 tion of the Tribe. 

20 (d) GAMING.—The Tribe may not conduct gaming ac21 tivities as a matter of claimed inherent authority or under 

22 the authority of any Federal law, including the Indian 

23 Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under 

24 any regulations thereunder promulgated by the Secretary 

25 or the National Indian Gaming Commission. 


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

2 WATER RIGHTS. 

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

4 manner any hunting, fishing, trapping, gathering, or water 

5 rights of the Tribe and members of the Tribe. 

6 SEC. 108. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 

7 (a) IN GENERAL.—The Commonwealth of Virginia 

8 shall exercise jurisdiction over— 

9 (1) all criminal offenses that are committed on; 

10 and 

11 (2) all civil actions that arise on, 

12 lands located within the Commonwealth of Virginia that 

13 are owned by, or held in trust by the United States for, 

14 the Tribe. 

15 (b) ACCEPTANCE OF STATE JURISDICTION BY SEC16 RETARY.—The Secretary of the Interior is authorized to ac17 cept on behalf of the United States, after consulting with 

18 the Attorney General of the United States, all or any por19 tion of the jurisdiction of the Commonwealth of Virginia 

20 described in subsection (a) upon verification by the Sec21 retary of a certification by a tribe that it possesses the ca22 pacity to reassume such jurisdiction. 


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1 TITLE II—CHICKAHOMINY IN2 DIAN TRIBE—EASTERN DIVI3 SION 

4 SEC. 201. FINDINGS. 

5 Congress finds that— 

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

7 along the Virginia coastline, the Chickahominy In8 dian Tribe was 1 of about 30 tribes that received 

9 them; 

10 (2) in 1614, the Chickahominy Indian Tribe en11 tered into a treaty with Sir Thomas Dale, Governor 

12 of the Jamestown Colony, under which— 

13 (A) the Chickahominy Indian Tribe agreed 

14 to provide 2 bushels of corn per man and send 

15 warriors to protect the English; and 

16 (B) Sir Thomas Dale agreed in return to 

17 allow the Tribe to continue to practice its own 

18 tribal governance; 

19 (3) in 1646, a treaty was signed which forced the 

20 Chickahominy from their homeland to the area 

21 around the York River in present-day King William 

22 County, leading to the formation of a reservation; 

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

24 Queen of Pamunkey signed the Treaty of Middle 

25 Plantation on behalf of the Chickahominy; 


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1 (5) in 1702, the Chickahominy were forced from 

2 their reservation, which caused the loss of a land base; 

3 (6) in 1711, the College of William and Mary in 

4 Williamsburg established a grammar school for Indi5 ans called Brafferton College; 

6 (7) a Chickahominy child was 1 of the first Indi7 ans to attend Brafferton College; 

8 (8) in 1750, the Chickahominy Indian Tribe 

9 began to migrate from King William County back to 

10 the area around the Chickahominy River in New 

11 Kent and Charles City Counties; 

12 (9) in 1793, a Baptist missionary named 

13 Bradby took refuge with the Chickahominy and took 

14 a Chickahominy woman as his wife; 

15 (10) in 1831, the names of the ancestors of the 

16 modern-day Chickahominy Indian Tribe began to ap17 pear in the Charles City County census records; 

18 (11) in 1870, a census revealed an enclave of In19 dians in New Kent County that is believed to be the 

20 beginning of the Chickahominy Indian Tribe—East21 ern Division; 

22 (12) other records were destroyed when the New 

23 Kent County courthouse was burned, leaving a State 

24 census as the only record covering that period; 


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1 (13) in 1901, the Chickahominy Indian Tribe 

2 formed Samaria Baptist Church; 

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

4 assessed a tribal tax so that their children could re5 ceive an education; 

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

7 build the first Samaria Indian School, buy supplies, 

8 and pay a teacher’s salary; 

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

10 through 8 was established in New Kent County for the 

11 Chickahominy Indian Tribe—Eastern Division; 

12 (17) during the period of 1920 through 1921, the 

13 Chickahominy Indian Tribe—Eastern Division began 

14 forming a tribal government; 

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

16 elected to be Chief; 

17 (19) in 1922, Tsena Commocko Baptist Church 

18 was organized; 

19 (20) in 1925, a certificate of incorporation was 

20 issued to the Chickahominy Indian Tribe—Eastern 

21 Division; 

22 (21) in 1950, the 1-room Indian school in New 

23 Kent County was closed and students were bused to 

24 Samaria Indian School in Charles City County; 


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1 (22) in 1967, the Chickahominy Indian Tribe 

2 and the Chickahominy Indian Tribe—Eastern Divi3 sion lost their schools as a result of the required inte4 gration of students; 

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

6 Tsena Commocko Baptist Church built a new sanc7 tuary to accommodate church growth; 

8 (24) in 1983 the Chickahominy Indian Tribe— 

9 Eastern Division was granted State recognition along 

10 with 5 other Virginia Indian tribes; 

11 (25) in 1985— 

12 (A) the Virginia Council on Indians was 

13 organized as a State agency; and 

14 (B) the Chickahominy Indian Tribe—East15 ern Division was granted a seat on the Council; 

16 (26) in 1988, a nonprofit organization known as 

17 the ‘‘United Indians of Virginia’’ was formed; and 

18 (27) Chief Marvin ‘‘Strongoak’’ Bradby of the 

19 Eastern Band of the Chickahominy presently chairs 

20 the organization. 

21 SEC. 202. DEFINITIONS. 

22 In this title: 

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

24 the Secretary of the Interior. 


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1 (2) TRIBAL MEMBER.—The term ‘‘tribal mem2 ber’’ means— 

3 (A) an individual who is an enrolled mem4 ber of the Tribe as of the date of enactment of 

5 this Act; and 

6 (B) an individual who has been placed on 

7 the membership rolls of the Tribe in accordance 

8 with this title. 

9 (3) TRIBE.—The term ‘‘Tribe’’ means the Chick10 ahominy Indian Tribe—Eastern Division. 

11 SEC. 203. FEDERAL RECOGNITION. 

12 (a) FEDERAL RECOGNITION.— 

13 (1) IN GENERAL.—Federal recognition is ex14 tended to the Tribe. 

15 (2) APPLICABILITY OF LAWS.—All laws (includ16 ing regulations) of the United States of general appli17 cability to Indians or nations, Indian tribes, or bands 

18 of Indians (including the Act of June 18, 1934 (25 

19 U.S.C. 461 et seq.)) that are not inconsistent with 

20 this title shall be applicable to the Tribe and tribal 

21 members. 

22 (b) FEDERAL SERVICES AND BENEFITS.— 

23 (1) IN GENERAL.—On and after the date of en24 actment of this Act, the Tribe and tribal members 

25 shall be eligible 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. 

4 (2) SERVICE AREA.—For the purpose of the de5 livery of Federal services to tribal members, the serv6 ice area of the Tribe shall be considered to be the area 

7 comprised of New Kent County, James City County, 

8 Charles City County, and Henrico County, Virginia. 

9 SEC. 204. MEMBERSHIP; GOVERNING DOCUMENTS. 

10 The membership roll and governing documents of the 

11 Tribe shall be the most recent membership roll and gov12 erning documents, respectively, submitted by the Tribe to 

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

14 SEC. 205. GOVERNING BODY. 

15 The governing body of the Tribe shall be— 

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

17 of the date of enactment of this Act; or 

18 (2) any subsequent governing body elected in ac19 cordance with the election procedures specified in the 

20 governing documents of the Tribe. 

21 SEC. 206. RESERVATION OF THE TRIBE. 

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

23 Secretary of the Interior— 

24 (1) shall take into trust for the benefit of the 

25 Tribe any land held in fee by the Tribe that was acVerDate Nov 24 2008 00:38 May 13, 2009 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6203 E:\BILLS\H1385.RH H1385

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1 quired by the Tribe on or before January 1, 2007, if 

2 such lands are located within the boundaries of New 

3 Kent County, James City County, Charles City Coun4 ty, or Henrico County, Virginia; and 

5 (2) may take into trust for the benefit of the 

6 Tribe any land held in fee by the Tribe, if such lands 

7 are located within the boundaries of New Kent Coun8 ty, James City County, Charles City County, or 

9 Henrico County, Virginia. 

10 (b) DEADLINE FOR DETERMINATION.—The Secretary 

11 shall make a final written determination not later than 

12 three years of the date which the Tribe submits a request 

13 for land to be taken into trust under subsection (a)(2) and 

14 shall immediately make that determination available to the 

15 Tribe. 

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

17 for the benefit of the Tribe pursuant to this paragraph shall, 

18 upon request of the Tribe, be considered part of the reserva19 tion of the Tribe. 

20 (d) GAMING.—The Tribe may not conduct gaming ac21 tivities as a matter of claimed inherent authority or under 

22 the authority of any Federal law, including the Indian 

23 Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under 

24 any regulations thereunder promulgated by the Secretary 

25 or the National Indian Gaming Commission. 


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

2 WATER RIGHTS. 

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

4 manner any hunting, fishing, trapping, gathering, or water 

5 rights of the Tribe and members of the Tribe. 

6 SEC. 208. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 

7 (a) IN GENERAL.—The Commonwealth of Virginia 

8 shall exercise jurisdiction over— 

9 (1) all criminal offenses that are committed on; 

10 and 

11 (2) all civil actions that arise on, 

12 lands located within the Commonwealth of Virginia that 

13 are owned by, or held in trust by the United States for, 

14 the Tribe. 

15 (b) ACCEPTANCE OF STATE JURISDICTION BY SEC16 RETARY.—The Secretary of the Interior is authorized to ac17 cept on behalf of the United States, after consulting with 

18 the Attorney General of the United States, all or any por19 tion of the jurisdiction of the Commonwealth of Virginia 

20 described in subsection (a) upon verification by the Sec21 retary of a certification by a tribe that it possesses the ca22 pacity to reassume such jurisdiction. 

23 TITLE III—UPPER MATTAPONI 

24 TRIBE 

25 SEC. 301. FINDINGS. 

26 Congress finds that— 


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1 (1) during the period of 1607 through 1646, the 

2 Chickahominy Indian Tribes— 

3 (A) lived approximately 20 miles from 

4 Jamestown; and 

5 (B) were significantly involved in English6 Indian affairs; 

7 (2) Mattaponi Indians, who later joined the 

8 Chickahominy Indians, lived a greater distance from 

9 Jamestown; 

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

11 Mattaponi River basin, away from the English; 

12 (4) in 1661, the Chickahominy Indians sold land 

13 at a place known as ‘‘the cliffs’’ on the Mattaponi 

14 River; 

15 (5) in 1669, the Chickahominy Indians— 

16 (A) appeared in the Virginia Colony’s cen17 sus of Indian bowmen; and 

18 (B) lived in ‘‘New Kent’’ County, which in19 cluded the Mattaponi River basin at that time; 

20 (6) in 1677, the Chickahominy and Mattaponi 

21 Indians were subjects of the Queen of Pamunkey, who 

22 was a signatory to the Treaty of 1677 with the King 

23 of England; 

24 (7) in 1683, after a Mattaponi town was at25 tacked by Seneca Indians, the Mattaponi Indians took 


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1 refuge with the Chickahominy Indians, and the his2 tory of the 2 groups was intertwined for many years 

3 thereafter; 

4 (8) in 1695, the Chickahominy and Mattaponi 

5 Indians— 

6 (A) were assigned a reservation by the Vir7 ginia Colony; and 

8 (B) traded land of the reservation for land 

9 at the place known as ‘‘the cliffs’’ (which, as of 

10 the date of enactment of this Act, is the 

11 Mattaponi Indian Reservation), which had been 

12 owned by the Mattaponi Indians before 1661; 

13 (9) in 1711, a Chickahominy boy attended the 

14 Indian School at the College of William and Mary; 

15 (10) in 1726, the Virginia Colony discontinued 

16 funding of interpreters for the Chickahominy and 

17 Mattaponi Indian Tribes; 

18 (11) James Adams, who served as an interpreter 

19 to the Indian tribes known as of the date of enactment 

20 of this Act as the ‘‘Upper Mattaponi Indian Tribe’’ 

21 and ‘‘Chickahominy Indian Tribe’’, elected to stay 

22 with the Upper Mattaponi Indians; 

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

24 Indians have ‘‘Adams’’ as their surname; 


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1 (13) in 1787, Thomas Jefferson, in Notes on the 

2 Commonwealth of Virginia, mentioned the Mattaponi 

3 Indians on a reservation in King William County 

4 and said that Chickahominy Indians were ‘‘blended’’ 

5 with the Mattaponi Indians and nearby Pamunkey 

6 Indians; 

7 (14) in 1850, the census of the United States re8 vealed a nucleus of approximately 10 families, all an9 cestral to modern Upper Mattaponi Indians, living in 

10 central King William County, Virginia, approxi11 mately 10 miles from the reservation; 

12 (15) during the period of 1853 through 1884, 

13 King William County marriage records listed Upper 

14 Mattaponis as ‘‘Indians’’ in marrying people residing 

15 on the reservation; 

16 (16) during the period of 1884 through the 

17 present, county marriage records usually refer to 

18 Upper Mattaponis as ‘‘Indians’’; 

19 (17) in 1901, Smithsonian anthropologist James 

20 Mooney heard about the Upper Mattaponi Indians 

21 but did not visit them; 

22 (18) in 1928, University of Pennsylvania an23 thropologist Frank Speck published a book on modern 

24 Virginia Indians with a section on the Upper 

25 Mattaponis; 


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

2 Upper Mattaponi Indians opposed the use of a ‘‘col3 ored’’ designation in the 1930 United States census 

4 and won a compromise in which the Indian ancestry 

5 of the Upper Mattaponis was recorded but questioned; 

6 (20) during the period of 1942 through 1945— 

7 (A) the leadership of the Upper Mattaponi 

8 Indians, with the help of Frank Speck and oth9 ers, fought against the induction of young men 

10 of the Tribe into ‘‘colored’’ units in the Armed 

11 Forces of the United States; and 

12 (B) a tribal roll for the Upper Mattaponi 

13 Indians was compiled; 

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

15 to admit some of the young people of the Upper 

16 Mattaponi to high schools for Federal Indians (espe17 cially at Cherokee) because no high school coursework 

18 was available for Indians in Virginia schools; and 

19 (22) in 1983, the Upper Mattaponi Indians ap20 plied for and won State recognition as an Indian 

21 tribe. 

22 SEC. 302. DEFINITIONS. 

23 In this title: 

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

25 the Secretary of the Interior. 


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1 (2) TRIBAL MEMBER.—The term ‘‘tribal mem2 ber’’ means— 

3 (A) an individual who is an enrolled mem4 ber of the Tribe as of the date of enactment of 

5 this Act; and 

6 (B) an individual who has been placed on 

7 the membership rolls of the Tribe in accordance 

8 with this title. 

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

10 Mattaponi Tribe. 

11 SEC. 303. FEDERAL RECOGNITION. 

12 (a) FEDERAL RECOGNITION.— 

13 (1) IN GENERAL.—Federal recognition is ex14 tended to the Tribe. 

15 (2) APPLICABILITY OF LAWS.—All laws (includ16 ing regulations) of the United States of general appli17 cability to Indians or nations, Indian tribes, or bands 

18 of Indians (including the Act of June 18, 1934 (25 

19 U.S.C. 461 et seq.)) that are not inconsistent with 

20 this title shall be applicable to the Tribe and tribal 

21 members. 

22 (b) FEDERAL SERVICES AND BENEFITS.— 

23 (1) IN GENERAL.—On and after the date of en24 actment of this Act, the Tribe and tribal members 

25 shall be eligible for all services and benefits provided 


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1 by the Federal Government to federally recognized In2 dian tribes without regard to the existence of a res3 ervation for the Tribe. 

4 (2) SERVICE AREA.—For the purpose of the de5 livery of Federal services to tribal members, the serv6 ice area of the Tribe shall be considered to be the area 

7 within 25 miles of the Sharon Indian School at 

8 13383 King William Road, King William County, 

9 Virginia. 

10 SEC. 304. MEMBERSHIP; GOVERNING DOCUMENTS. 

11 The membership roll and governing documents of the 

12 Tribe shall be the most recent membership roll and gov13 erning documents, respectively, submitted by the Tribe to 

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

15 SEC. 305. GOVERNING BODY. 

16 The governing body of the Tribe shall be— 

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

18 of the date of enactment of this Act; or 

19 (2) any subsequent governing body elected in ac20 cordance with the election procedures specified in the 

21 governing documents of the Tribe. 

22 SEC. 306. RESERVATION OF THE TRIBE. 

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

24 Secretary of the Interior— 


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

2 Tribe any land held in fee by the Tribe that was ac3 quired by the Tribe on or before January 1, 2007, if 

4 such lands are located within the boundaries of King 

5 William County, Caroline County, Hanover County, 

6 King and Queen County, and New Kent County, Vir7 ginia; and 

8 (2) may take into trust for the benefit of the 

9 Tribe any land held in fee by the Tribe, if such lands 

10 are located within the boundaries of King William 

11 County, Caroline County, Hanover County, King and 

12 Queen County, and New Kent County, Virginia. 

13 (b) DEADLINE FOR DETERMINATION.—The Secretary 

14 shall make a final written determination not later than 

15 three years of the date which the Tribe submits a request 

16 for land to be taken into trust under subsection (a)(2) and 

17 shall immediately make that determination available to the 

18 Tribe. 

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

20 for the benefit of the Tribe pursuant to this paragraph shall, 

21 upon request of the Tribe, be considered part of the reserva22 tion of the Tribe. 

23 (d) GAMING.—The Tribe may not conduct gaming ac24 tivities as a matter of claimed inherent authority or under 

25 the authority of any Federal law, including the Indian 


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1 Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under 

2 any regulations thereunder promulgated by the Secretary 

3 or the National Indian Gaming Commission. 

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

5 WATER RIGHTS. 

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

7 manner any hunting, fishing, trapping, gathering, or water 

8 rights of the Tribe and members of the Tribe. 

9 SEC. 308. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 

10 (a) IN GENERAL.—The Commonwealth of Virginia 

11 shall exercise jurisdiction over— 

12 (1) all criminal offenses that are committed on; 

13 and 

14 (2) all civil actions that arise on, 

15 lands located within the Commonwealth of Virginia that 

16 are owned by, or held in trust by the United States for, 

17 the Tribe. 

18 (b) ACCEPTANCE OF STATE JURISDICTION BY SEC19 RETARY.—The Secretary of the Interior is authorized to ac20 cept on behalf of the United States, after consulting with 

21 the Attorney General of the United States, all or any por22 tion of the jurisdiction of the Commonwealth of Virginia 

23 described in subsection (a) upon verification by the Sec24 retary of a certification by a tribe that it possesses the ca25 pacity to reassume such jurisdiction. 


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1 TITLE IV—RAPPAHANNOCK 

2 TRIBE, INC. 

3 SEC. 401. FINDINGS. 

4 Congress finds that— 

5 (1) during the initial months after Virginia was 

6 settled, the Rappahannock Indians had 3 encounters 

7 with Captain John Smith; 

8 (2) the first encounter occurred when the Rappa9 hannock weroance (headman)— 

10 (A) traveled to Quiyocohannock (a prin11 cipal town across the James River from James12 town), where he met with Smith to determine 

13 whether Smith had been the ‘‘great man’’ who 

14 had previously sailed into the Rappahannock 

15 River, killed a Rappahannock weroance, and 

16 kidnapped Rappahannock people; and 

17 (B) determined that Smith was too short to 

18 be that ‘‘great man’’; 

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

20 captivity (December 16, 1607 to January 8, 1608), 

21 Smith was taken to the Rappahannock principal vil22 lage to show the people that Smith was not the ‘‘great 

23 man’’; 

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

25 exploration of the Chesapeake Bay (July to September 


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1 1608), when, after the Moraughtacund Indians had 

2 stolen 3 women from the Rappahannock King, Smith 

3 was prevailed upon to facilitate a peaceful truce be4 tween the Rappahannock and the Moraughtacund In5 dians; 

6 (5) in the settlement, Smith had the 2 Indian 

7 tribes meet on the spot of their first fight; 

8 (6) when it was established that both groups 

9 wanted peace, Smith told the Rappahannock King to 

10 select which of the 3 stolen women he wanted; 

11 (7) the Moraughtacund King was given second 

12 choice among the 2 remaining women, and Mosco, a 

13 Wighcocomoco (on the Potomac River) guide, was 

14 given the third woman; 

15 (8) in 1645, Captain William Claiborne tried 

16 unsuccessfully to establish treaty relations with the 

17 Rappahannocks, as the Rappahannocks had not par18 ticipated in the Pamunkey-led uprising in 1644, and 

19 the English wanted to ‘‘treat with the Rappahannocks 

20 or any other Indians not in amity with 

21 Opechancanough, concerning serving the county 

22 against the Pamunkeys’’; 

23 (9) in April 1651, the Rappahannocks conveyed 

24 a tract of land to an English settler, Colonel Morre 

25 Fauntleroy; 


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1 (10) the deed for the conveyance was signed by 

2 Accopatough, weroance of the Rappahannock Indians; 

3 (11) in September 1653, Lancaster County 

4 signed a treaty with Rappahannock Indians, the 

5 terms of which treaty— 

6 (A) gave Rappahannocks the rights of Eng7 lishmen in the county court; and 

8 (B) attempted to make the Rappahannocks 

9 more accountable under English law; 

10 (12) in September 1653, Lancaster County de11 fined and marked the bounds of its Indian settle12 ments; 

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

14 ‘‘the tribe called the great Rappahannocks lived on 

15 the Rappahannock Creek just across the river above 

16 Tappahannock’’; 

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

18 County (which, as of the date of enactment of this 

19 Act, is comprised of Richmond and Essex Counties, 

20 Virginia) signed a treaty with Rappahannock Indi21 ans that— 

22 (A) mirrored the Lancaster County treaty 

23 from 1653; and 

24 (B) stated that— 


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1 (i) Rappahannocks were to be re2 warded, in Roanoke, for returning English 

3 fugitives; and 

4 (ii) the English encouraged the 

5 Rappahannocks to send their children to 

6 live among the English as servants, who the 

7 English promised would be well-treated; 

8 (15) in 1658, the Virginia Assembly revised a 

9 1652 Act stating that ‘‘there be no grants of land to 

10 any Englishman whatsoever de futuro until the Indi11 ans be first served with the proportion of 50 acres of 

12 land for each bowman’’; 

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

14 Virginia Indians; 

15 (17) as of the date of that census— 

16 (A) the majority of the Rappahannocks 

17 were residing at their hunting village on the 

18 north side of the Mattaponi River; and 

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

20 were counting only the Indian tribes along the 

21 rivers, which explains why only 30 Rappahan22 nock bowmen were counted on that river; 

23 (18) the Rappahannocks used the hunting village 

24 on the north side of the Mattaponi River as their priVerDate Nov 24 2008 00:38 May 13, 2009 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\H1385.RH H1385

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1 mary residence until the Rappahannocks were re2 moved in 1684; 

3 (19) in May 1677, the Treaty of Middle Planta4 tion was signed with England; 

5 (20) the Pamunkey Queen Cockacoeske signed on 

6 behalf of the Rappahannocks, ‘‘who were supposed to 

7 be her tributaries’’, but before the treaty could be rati8 fied, the Queen of Pamunkey complained to the Vir9 ginia Colonial Council ‘‘that she was having trouble 

10 with Rappahannocks and Chickahominies, supposedly 

11 tributaries of hers’’; 

12 (21) in November 1682, the Virginia Colonial 

13 Council established a reservation for the Rappahan14 nock Indians of 3,474 acres ‘‘about the town where 

15 they dwelt’’; 

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

17 village on the north side of the Mattaponi River, 

18 where the Rappahannocks had lived throughout the 

19 1670s; 

20 (23) the acreage allotment of the reservation was 

21 based on the 1658 Indian land act, which translates 

22 into a bowman population of 70, or an approximate 

23 total Rappahannock population of 350; 

24 (24) in 1683, following raids by Iroquoian war25 riors on both Indian and English settlements, the VirVerDate Nov 24 2008 00:38 May 13, 2009 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\H1385.RH H1385

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1 ginia Colonial Council ordered the Rappahannocks to 

2 leave their reservation and unite with the Nanzatico 

3 Indians at Nanzatico Indian Town, which was lo4 cated across and up the Rappahannock River some 30 

5 miles; 

6 (25) between 1687 and 1699, the Rappahannocks 

7 migrated out of Nanzatico, returning to the south side 

8 of the Rappahannock River at Portobacco Indian 

9 Town; 

10 (26) in 1706, by order of Essex County, Lieuten11 ant Richard Covington ‘‘escorted’’ the Portobaccos 

12 and Rappahannocks out of Portobacco Indian Town, 

13 out of Essex County, and into King and Queen Coun14 ty where they settled along the ridgeline between the 

15 Rappahannock and Mattaponi Rivers, the site of 

16 their ancient hunting village and 1682 reservation; 

17 (27) during the 1760s, 3 Rappahannock girls 

18 were raised on Thomas Nelson’s Bleak Hill Planta19 tion in King William County; 

20 (28) of those girls— 

21 (A) 1 married a Saunders man; 

22 (B) 1 married a Johnson man; and 

23 (C) 1 had 2 children, Edmund and Carter 

24 Nelson, fathered by Thomas Cary Nelson; 


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1 (29) in the 19th century, those Saunders, John2 son, and Nelson families are among the core Rappa3 hannock families from which the modern Tribe traces 

4 its descent; 

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

6 (and his wife), Carter Nelson, Edmund Nelson, and 

7 Carter Spurlock (all Rappahannock ancestors) were 

8 listed on the tax roles of King and Queen County and 

9 taxed at the county poor rate; 

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

11 1821; 

12 (32) those tax records are significant documenta13 tion because the great majority of pre-1864 records for 

14 King and Queen County were destroyed by fire; 

15 (33) beginning in 1819, and continuing through 

16 the 1880s, there was a solid Rappahannock presence 

17 in the membership at Upper Essex Baptist Church; 

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

19 Christianity by at least some Rappahannock Indians; 

20 (35) while 26 identifiable and traceable Rappa21 hannock surnames appear on the pre-1863 member22 ship list, and 28 were listed on the 1863 membership 

23 roster, the number of surnames listed had declined to 

24 12 in 1878 and had risen only slightly to 14 by 1888; 


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

2 Methodist circuit rider, Joseph Mastin, secured funds 

3 to purchase land and construct St. Stephens Baptist 

4 Church for the Rappahannocks living nearby in Caro5 line County; 

6 (37) Mastin referred to the Rappahannocks dur7 ing the period of 1850 to 1870 as ‘‘Indians, having 

8 a great need for moral and Christian guidance’’; 

9 (38) St. Stephens was the dominant tribal 

10 church until the Rappahannock Indian Baptist 

11 Church was established in 1964; 

12 (39) at both churches, the core Rappahannock 

13 family names of Bird, Clarke, Fortune, Johnson, Nel14 son, Parker, and Richardson predominate; 

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

16 noted anthropologist, maintained correspondence with 

17 the Rappahannocks, surveying them and instructing 

18 them on how to formalize their tribal government; 

19 (41) in November 1920, Speck visited the 

20 Rappahannocks and assisted them in organizing the 

21 fight for their sovereign rights; 

22 (42) in 1921, the Rappahannocks were granted 

23 a charter from the Commonwealth of Virginia for24 malizing their tribal government; 


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1 (43) Speck began a professional relationship 

2 with the Tribe that would last more than 30 years 

3 and document Rappahannock history and traditions 

4 as never before; 

5 (44) in April 1921, Rappahannock Chief George 

6 Nelson asked the Governor of Virginia, Westmoreland 

7 Davis, to forward a proclamation to the President of 

8 the United States, along with an appended list of 

9 tribal members and a handwritten copy of the procla10 mation itself; 

11 (45) the letter concerned Indian freedom of 

12 speech and assembly nationwide; 

13 (46) in 1922, the Rappahannocks established a 

14 formal school at Lloyds, Essex County, Virginia; 

15 (47) prior to establishment of the school, Rappa16 hannock children were taught by a tribal member in 

17 Central Point, Caroline County, Virginia; 

18 (48) in December 1923, Rappahannock Chief 

19 George Nelson testified before Congress appealing for 

20 a $50,000 appropriation to establish an Indian school 

21 in Virginia; 

22 (49) in 1930, the Rappahannocks were engaged 

23 in an ongoing dispute with the Commonwealth of Vir24 ginia and the United States Census Bureau about 

25 their classification in the 1930 Federal census; 


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1 (50) in January 1930, Rappahannock Chief 

2 Otho S. Nelson wrote to Leon Truesdell, Chief Stat3 istician of the United States Census Bureau, asking 

4 that the 218 enrolled Rappahannocks be listed as In5 dians; 

6 (51) in February 1930, Truesdell replied to Nel7 son saying that ‘‘special instructions’’ were being 

8 given about classifying Indians; 

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

10 Steuart at the Census Bureau asking about the enu11 merators’ failure to classify his people as Indians, 

12 saying that enumerators had not asked the question 

13 about race when they interviewed his people; 

14 (53) in a followup letter to Truesdell, Nelson re15 ported that the enumerators were ‘‘flatly denying’’ his 

16 people’s request to be listed as Indians and that the 

17 race question was completely avoided during inter18 views; 

19 (54) the Rappahannocks had spoken with Caro20 line and Essex County enumerators, and with John 

21 M.W. Green at that point, without success; 

22 (55) Nelson asked Truesdell to list people as In23 dians if he sent a list of members; 

24 (56) the matter was settled by William Steuart, 

25 who concluded that the Bureau’s rule was that people 


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1 of Indian descent could be classified as ‘‘Indian’’ only 

2 if Indian ‘‘blood’’ predominated and ‘‘Indian’’ iden3 tity was accepted in the local community; 

4 (57) the Virginia Vital Statistics Bureau classed 

5 all nonreservation Indians as ‘‘Negro’’, and it failed 

6 to see why ‘‘an exception should be made’’ for the 

7 Rappahannocks; 

8 (58) therefore, in 1925, the Indian Rights Asso9 ciation took on the Rappahannock case to assist the 

10 Rappahannocks in fighting for their recognition and 

11 rights as an Indian tribe; 

12 (59) during the Second World War, the 

13 Pamunkeys, Mattaponis, Chickahominies, and Rap14 pahannocks had to fight the draft boards with respect 

15 to their racial identities; 

16 (60) the Virginia Vital Statistics Bureau in17 sisted that certain Indian draftees be inducted into 

18 Negro units; 

19 (61) finally, 3 Rappahannocks were convicted of 

20 violating the Federal draft laws and, after spending 

21 time in a Federal prison, were granted conscientious 

22 objector status and served out the remainder of the 

23 war working in military hospitals; 

24 (62) in 1943, Frank Speck noted that there were 

25 approximately 25 communities of Indians left in the 


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1 Eastern United States that were entitled to Indian 

2 classification, including the Rappahannocks; 

3 (63) in the 1940s, Leon Truesdell, Chief Statisti4 cian, of the United States Census Bureau, listed 118 

5 members in the Rappahannock Tribe in the Indian 

6 population of Virginia; 

7 (64) on April 25, 1940, the Office of Indian Af8 fairs of the Department of the Interior included the 

9 Rappahannocks on a list of Indian tribes classified by 

10 State and by agency; 

11 (65) in 1948, the Smithsonian Institution An12 nual Report included an article by William Harlen 

13 Gilbert entitled, ‘‘Surviving Indian Groups of the 

14 Eastern United States’’, which included and described 

15 the Rappahannock Tribe; 

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

17 Rappahannocks operated a school at Indian Neck; 

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

19 teach 10 students bused by King and Queen County 

20 to Sharon Indian School in King William County, 

21 Virginia; 

22 (68) in 1965, Rappahannock students entered 

23 Marriott High School (a white public school) by exec24 utive order of the Governor of Virginia; 


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1 (69) in 1972, the Rappahannocks worked with 

2 the Coalition of Eastern Native Americans to fight for 

3 Federal recognition; 

4 (70) in 1979, the Coalition established a pottery 

5 and artisans company, operating with other Virginia 

6 tribes; 

7 (71) in 1980, the Rappahannocks received fund8 ing through the Administration for Native Americans 

9 of the Department of Health and Human Services to 

10 develop an economic program for the Tribe; and 

11 (72) in 1983, the Rappahannocks received State 

12 recognition as an Indian tribe. 

13 SEC. 402. DEFINITIONS. 

14 In this title: 

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

16 the Secretary of the Interior. 

17 (2) TRIBAL MEMBER.—The term ‘‘tribal mem18 ber’’ means— 

19 (A) an individual who is an enrolled mem20 ber of the Tribe as of the date of enactment of 

21 this Act; and 

22 (B) an individual who has been placed on 

23 the membership rolls of the Tribe in accordance 

24 with this title. 

25 (3) TRIBE.— 


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

2 the organization possessing the legal name Rap3 pahannock Tribe, Inc. 

4 (B) EXCLUSIONS.—The term ‘‘Tribe’’ does 

5 not include any other Indian tribe, subtribe, 

6 band, or splinter group the members of which 

7 represent themselves as Rappahannock Indians. 

8 SEC. 403. FEDERAL RECOGNITION. 

9 (a) FEDERAL RECOGNITION.— 

10 (1) IN GENERAL.—Federal recognition is ex11 tended to the Tribe. 

12 (2) APPLICABILITY OF LAWS.—All laws (includ13 ing regulations) of the United States of general appli14 cability to Indians or nations, Indian tribes, or bands 

15 of Indians (including the Act of June 18, 1934 (25 

16 U.S.C. 461 et seq.)) that are not inconsistent with 

17 this title shall be applicable to the Tribe and tribal 

18 members. 

19 (b) FEDERAL SERVICES AND BENEFITS.— 

20 (1) IN GENERAL.—On and after the date of en21 actment of this Act, the Tribe and tribal members 

22 shall be eligible for all services and benefits provided 

23 by the Federal Government to federally recognized In24 dian tribes without regard to the existence of a res25 ervation for the Tribe. 


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1 (2) SERVICE AREA.—For the purpose of the de2 livery of Federal services to tribal members, the serv3 ice area of the Tribe shall be considered to be the area 

4 comprised of King and Queen County, Caroline 

5 County, Essex County, Spotsylvania County, Stafford 

6 County, and Richmond County, Virginia. 

7 SEC. 404. MEMBERSHIP; GOVERNING DOCUMENTS. 

8 The membership roll and governing documents of the 

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

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

12 SEC. 405. GOVERNING BODY. 

13 The governing body of the Tribe shall be— 

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

15 of the date of enactment of this Act; or 

16 (2) any subsequent governing body elected in ac17 cordance with the election procedures specified in the 

18 governing documents of the Tribe. 

19 SEC. 406. RESERVATION OF THE TRIBE. 

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

21 Secretary of the Interior— 

22 (1) shall take into trust for the benefit of the 

23 Tribe any land held in fee by the Tribe that was ac24 quired by the Tribe on or before January 1, 2007, if 

25 such lands are located within the boundaries of King 


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1 and Queen County, Stafford County, Spotsylvania 

2 County, Richmond County, Essex County, and Caro3 line County, Virginia; and 

4 (2) may take into trust for the benefit of the 

5 Tribe any land held in fee by the Tribe, if such lands 

6 are located within the boundaries of King and Queen 

7 County, Stafford County, Spotsylvania County, Rich8 mond County, Essex County, and Caroline County, 

9 Virginia. 

10 (b) DEADLINE FOR DETERMINATION.—The Secretary 

11 shall make a final written determination not later than 

12 three years of the date which the Tribe submits a request 

13 for land to be taken into trust under subsection (a)(2) and 

14 shall immediately make that determination available to the 

15 Tribe. 

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

17 for the benefit of the Tribe pursuant to this paragraph shall, 

18 upon request of the Tribe, be considered part of the reserva19 tion of the Tribe. 

20 (d) GAMING.—The Tribe may not conduct gaming ac21 tivities as a matter of claimed inherent authority or under 

22 the authority of any Federal law, including the Indian 

23 Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under 

24 any regulations thereunder promulgated by the Secretary 

25 or the National Indian Gaming Commission. 


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

2 WATER RIGHTS. 

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

4 manner any hunting, fishing, trapping, gathering, or water 

5 rights of the Tribe and members of the Tribe. 

6 SEC. 408. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 

7 (a) IN GENERAL.—The Commonwealth of Virginia 

8 shall exercise jurisdiction over— 

9 (1) all criminal offenses that are committed on; 

10 and 

11 (2) all civil actions that arise on, 

12 lands located within the Commonwealth of Virginia that 

13 are owned by, or held in trust by the United States for, 

14 the Tribe. 

15 (b) ACCEPTANCE OF STATE JURISDICTION BY SEC16 RETARY.—The Secretary of the Interior is authorized to ac17 cept on behalf of the United States, after consulting with 

18 the Attorney General of the United States, all or any por19 tion of the jurisdiction of the Commonwealth of Virginia 

20 described in subsection (a) upon verification by the Sec21 retary of a certification by a tribe that it possesses the ca22 pacity to reassume such jurisdiction. 

23 TITLE V—MONACAN INDIAN 

24 NATION 

25 SEC. 501. FINDINGS. 

26 Congress finds that— 


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1 (1) in 1677, the Monacan Tribe signed the Trea2 ty of Middle Plantation between Charles II of Eng3 land and 12 Indian ‘‘Kings and Chief Men’’; 

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

5 Spotswood negotiated to save the Virginia Indians 

6 from extinction at the hands of the Iroquois; 

7 (3) specifically mentioned in the negotiations 

8 were the Monacan tribes of the Totero (Tutelo), 

9 Saponi, Ocheneeches (Occaneechi), Stengenocks, and 

10 Meipontskys; 

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

12 Benjamin Evans and Robert Johns, both ancestors of 

13 the present Monacan community, listed as ‘‘white’’ 

14 with mulatto children; 

15 (5) in 1782, tax records also began for those fam16 ilies; 

17 (6) in 1850, the United States census recorded 

18 29 families, mostly large, with Monacan surnames, 

19 the members of which are genealogically related to the 

20 present community; 

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

22 Bear Mountain Indian Mission; 

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

24 Mission and, as of the date of enactment of this Act, 


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1 the structure is listed as a landmark on the National 

2 Register of Historic Places; 

3 (9) in 1920, 304 Amherst Indians were identi4 fied in the United States census; 

5 (10) from 1930 through 1931, numerous letters 

6 from Monacans to the Bureau of the Census resulted 

7 from the decision of Dr. Walter Plecker, former head 

8 of the Bureau of Vital Statistics of the Commonwealth 

9 of Virginia, not to allow Indians to register as Indi10 ans for the 1930 census; 

11 (11) the Monacans eventually succeeded in being 

12 allowed to claim their race, albeit with an asterisk at13 tached to a note from Dr. Plecker stating that there 

14 were no Indians in Virginia; 

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

16 saw some of the children at the Amherst Mission and 

17 requested that the Cherokee Agency visit them because 

18 they appeared to be Indian; 

19 (13) that letter was forwarded to the Department 

20 of the Interior, Office of Indian Affairs, Chicago, Illi21 nois; 

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

23 Cherokee did visit the Mission and wrote that he 

24 ‘‘would be willing to accept these children in the 

25 Cherokee school’’; 


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1 (15) in 1979, a Federal Coalition of Eastern Na2 tive Americans established the entity known as ‘‘Mon3 acan Co-operative Pottery’’ at the Amherst Mission; 

4 (16) some important pieces were produced at 

5 Monacan Co-operative Pottery, including a piece that 

6 was sold to the Smithsonian Institution; 

7 (17) the Mattaponi-Pamunkey-Monacan Consor8 tium, established in 1981, has since been organized as 

9 a nonprofit corporation that serves as a vehicle to ob10 tain funds for those Indian tribes from the Depart11 ment of Labor under Native American programs; 

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

13 by the Commonwealth of Virginia, which enabled the 

14 Tribe to apply for grants and participate in other 

15 programs; and 

16 (19) in 1993, the Monacan Tribe received tax-ex17 empt status as a nonprofit corporation from the In18 ternal Revenue Service. 

19 SEC. 502. DEFINITIONS. 

20 In this title: 

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

22 the Secretary of the Interior. 

23 (2) TRIBAL MEMBER.—The term ‘‘tribal mem24 ber’’ means— 


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1 (A) an individual who is an enrolled mem2 ber of the Tribe as of the date of enactment of 

3 this Act; and 

4 (B) an individual who has been placed on 

5 the membership rolls of the Tribe in accordance 

6 with this title. 

7 (3) TRIBE.—The term ‘‘Tribe’’ means the Mona8 can Indian Nation. 

9 SEC. 503. FEDERAL RECOGNITION. 

10 (a) FEDERAL RECOGNITION.— 

11 (1) IN GENERAL.—Federal recognition is ex12 tended to the Tribe. 

13 (2) APPLICABILITY OF LAWS.—All laws (includ14 ing regulations) of the United States of general appli15 cability to Indians or nations, Indian tribes, or bands 

16 of Indians (including the Act of June 18, 1934 (25 

17 U.S.C. 461 et seq.)) that are not inconsistent with 

18 this title shall be applicable to the Tribe and tribal 

19 members. 

20 (b) FEDERAL SERVICES AND BENEFITS.— 

21 (1) IN GENERAL.—On and after the date of en22 actment of this Act, the Tribe and tribal members 

23 shall be eligible for all services and benefits provided 

24 by the Federal Government to federally recognized InVerDate Nov 24 2008 00:38 May 13, 2009 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6203 E:\BILLS\H1385.RH H1385

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1 dian tribes without regard to the existence of a res2 ervation for the Tribe. 

3 (2) SERVICE AREA.—For the purpose of the de4 livery of Federal services to tribal members, the serv5 ice area of the Tribe shall be considered to be the area 

6 comprised of all land within 25 miles from the center 

7 of Amherst, Virginia. 

8 SEC. 504. MEMBERSHIP; GOVERNING DOCUMENTS. 

9 The membership roll and governing documents of the 

10 Tribe shall be the most recent membership roll and gov11 erning documents, respectively, submitted by the Tribe to 

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

13 SEC. 505. GOVERNING BODY. 

14 The governing body of the Tribe shall be— 

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

16 of the date of enactment of this Act; or 

17 (2) any subsequent governing body elected in ac18 cordance with the election procedures specified in the 

19 governing documents of the Tribe. 

20 SEC. 506. RESERVATION OF THE TRIBE. 

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

22 Secretary of the Interior— 

23 (1) shall take into trust for the benefit of the 

24 Tribe any land held in fee by the Tribe that was ac25 quired by the Tribe on or before January 1, 2007, if 


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1 such lands are located within the boundaries of Albe2 marle County, Alleghany County, Amherst County, 

3 Augusta County, Campbell County, Nelson County, 

4 and Rockbridge County, Virginia; and 

5 (2) may take into trust for the benefit of the 

6 Tribe any land held in fee by the Tribe, if such lands 

7 are located within the boundaries of Albemarle Coun8 ty, Alleghany County, Amherst County, Augusta 

9 County, Campbell County, Nelson County, and 

10 Rockbridge County, Virginia. 

11 (b) DEADLINE FOR DETERMINATION.—The Secretary 

12 shall make a final written determination not later than 

13 three years of the date which the Tribe submits a request 

14 for land to be taken into trust under subsection (a)(2) and 

15 shall immediately make that determination available to the 

16 Tribe. 

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

18 for the benefit of the Tribe pursuant to this paragraph shall, 

19 upon request of the Tribe, be considered part of the reserva20 tion of the Tribe. 

21 (d) GAMING.—The Tribe may not conduct gaming ac22 tivities as a matter of claimed inherent authority or under 

23 the authority of any Federal law, including the Indian 

24 Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under 


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1 any regulations thereunder promulgated by the Secretary 

2 or the National Indian Gaming Commission. 

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

4 WATER RIGHTS. 

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

6 manner any hunting, fishing, trapping, gathering, or water 

7 rights of the Tribe and members of the Tribe. 

8 SEC. 508. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 

9 (a) IN GENERAL.—The Commonwealth of Virginia 

10 shall exercise jurisdiction over— 

11 (1) all criminal offenses that are committed on; 

12 and 

13 (2) all civil actions that arise on, 

14 lands located within the Commonwealth of Virginia that 

15 are owned by, or held in trust by the United States for, 

16 the Tribe. 

17 (b) ACCEPTANCE OF STATE JURISDICTION BY SEC18 RETARY.—The Secretary of the Interior is authorized to ac19 cept on behalf of the United States, after consulting with 

20 the Attorney General of the United States, all or any por21 tion of the jurisdiction of the Commonwealth of Virginia 

22 described in subsection (a) upon verification by the Sec23 retary of a certification by a tribe that it possesses the ca24 pacity to reassume such jurisdiction. 


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1 TITLE VI—NANSEMOND INDIAN 

2 TRIBE 

3 SEC. 601. FINDINGS. 

4 Congress finds that— 

5 (1) from 1607 until 1646, Nansemond Indians— 

6 (A) lived approximately 30 miles from 

7 Jamestown; and 

8 (B) were significantly involved in English9 Indian affairs; 

10 (2) after 1646, there were 2 sections of 

11 Nansemonds in communication with each other, the 

12 Christianized Nansemonds in Norfolk County, who 

13 lived as citizens, and the traditionalist Nansemonds, 

14 who lived further west; 

15 (3) in 1638, according to an entry in a 17th cen16 tury sermon book still owned by the Chief’s family, a 

17 Norfolk County Englishman married a Nansemond 

18 woman; 

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

20 all of members of the Nansemond Indian tribe alive 

21 as of the date of enactment of this Act, as are some 

22 of the traditionalist Nansemonds; 

23 (5) in 1669, the 2 Nansemond sections appeared 

24 in Virginia Colony’s census of Indian bowmen; 


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1 (6) in 1677, Nansemond Indians were signato2 ries to the Treaty of 1677 with the King of England; 

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

4 Virginia Indian tribes were prevented by Virginia 

5 Colony from making a separate peace with the Iro6 quois; 

7 (8) Virginia represented those Indian tribes in 

8 the final Treaty of Albany, 1722; 

9 (9) in 1711, a Nansemond boy attended the In10 dian School at the College of William and Mary; 

11 (10) in 1727, Norfolk County granted William 

12 Bass and his kinsmen the ‘‘Indian privileges’’ of 

13 clearing swamp land and bearing arms (which privi14 leges were forbidden to other nonwhites) because of 

15 their Nansemond ancestry, which meant that Bass 

16 and his kinsmen were original inhabitants of that 

17 land; 

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

19 of Nansemond descent to William Bass; 

20 (12) from the 1740s to the 1790s, the tradition21 alist section of the Nansemond tribe, 40 miles west of 

22 the Christianized Nansemonds, was dealing with res23 ervation land; 


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1 (13) the last surviving members of that section 

2 sold out in 1792 with the permission of the Common3 wealth of Virginia; 

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

5 stating that William Bass was of Indian and English 

6 descent, and that his Indian line of ancestry ran di7 rectly back to the early 18th century elder in a tradi8 tionalist section of Nansemonds on the reservation; 

9 (15) in 1833, Virginia enacted a law enabling 

10 people of European and Indian descent to obtain a 

11 special certificate of ancestry; 

12 (16) the law originated from the county in which 

13 Nansemonds lived, and mostly Nansemonds, with a 

14 few people from other counties, took advantage of the 

15 new law; 

16 (17) a Methodist mission established around 

17 1850 for Nansemonds is currently a standard Meth18 odist congregation with Nansemond members; 

19 (18) in 1901, Smithsonian anthropologist James 

20 Mooney— 

21 (A) visited the Nansemonds; and 

22 (B) completed a tribal census that counted 

23 61 households and was later published; 


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

2 Indian school in the segregated school system of Nor3 folk County; 

4 (20) the school survived only a few years; 

5 (21) in 1928, University of Pennsylvania an6 thropologist Frank Speck published a book on modern 

7 Virginia Indians that included a section on the 

8 Nansemonds; and 

9 (22) the Nansemonds were organized formally, 

10 with elected officers, in 1984, and later applied for 

11 and received State recognition. 

12 SEC. 602. DEFINITIONS. 

13 In this title: 

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

15 the Secretary of the Interior. 

16 (2) TRIBAL MEMBER.—The term ‘‘tribal mem17 ber’’ means— 

18 (A) an individual who is an enrolled mem19 ber of the Tribe as of the date of enactment of 

20 this Act; and 

21 (B) an individual who has been placed on 

22 the membership rolls of the Tribe in accordance 

23 with this title. 

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

25 Nansemond Indian Tribe. 


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1 SEC. 603. FEDERAL RECOGNITION. 

2 (a) FEDERAL RECOGNITION.— 

3 (1) IN GENERAL.—Federal recognition is ex4 tended to the Tribe. 

5 (2) APPLICABILITY OF LAWS.—All laws (includ6 ing regulations) of the United States of general appli7 cability to Indians or nations, Indian tribes, or bands 

8 of Indians (including the Act of June 18, 1934 (25 

9 U.S.C. 461 et seq.)) that are not inconsistent with 

10 this title shall be applicable to the Tribe and tribal 

11 members. 

12 (b) FEDERAL SERVICES AND BENEFITS.— 

13 (1) IN GENERAL.—On and after the date of en14 actment of this Act, the Tribe and tribal members 

15 shall be eligible for all services and benefits provided 

16 by the Federal Government to federally recognized In17 dian tribes without regard to the existence of a res18 ervation for the Tribe. 

19 (2) SERVICE AREA.—For the purpose of the de20 livery of Federal services to tribal members, the serv21 ice area of the Tribe shall be considered to be the area 

22 comprised of the cities of Chesapeake, Hampton, New23 port News, Norfolk, Portsmouth, Suffolk, and Virginia 

24 Beach, Virginia. 


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1 SEC. 604. MEMBERSHIP; GOVERNING DOCUMENTS. 

2 The membership roll and governing documents of the 

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

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

6 SEC. 605. GOVERNING BODY. 

7 The governing body of the Tribe shall be— 

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

9 of the date of enactment of this Act; or 

10 (2) any subsequent governing body elected in ac11 cordance with the election procedures specified in the 

12 governing documents of the Tribe. 

13 SEC. 606. RESERVATION OF THE TRIBE. 

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

15 Secretary of the Interior— 

16 (1) shall take into trust for the benefit of the 

17 Tribe any land held in fee by the Tribe that was ac18 quired by the Tribe on or before January 1, 2007, if 

19 such lands are located within the boundaries of the 

20 city of Suffolk, the city of Chesapeake, or Isle of Wight 

21 County, Virginia; and 

22 (2) may take into trust for the benefit of the 

23 Tribe any land held in fee by the Tribe, if such lands 

24 are located within the boundaries of the city of Suf25 folk, the city of Chesapeake, or Isle of Wight County, 

26 Virginia. 


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1 (b) DEADLINE FOR DETERMINATION.—The Secretary 

2 shall make a final written determination not later than 

3 three years of the date which the Tribe submits a request 

4 for land to be taken into trust under subsection (a)(2) and 

5 shall immediately make that determination available to the 

6 Tribe. 

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

8 for the benefit of the Tribe pursuant to this paragraph shall, 

9 upon request of the Tribe, be considered part of the reserva10 tion of the Tribe. 

11 (d) GAMING.—The Tribe may not conduct gaming ac12 tivities as a matter of claimed inherent authority or under 

13 the authority of any Federal law, including the Indian 

14 Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under 

15 any regulations thereunder promulgated by the Secretary 

16 or the National Indian Gaming Commission. 

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

18 WATER RIGHTS. 

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

20 manner any hunting, fishing, trapping, gathering, or water 

21 rights of the Tribe and members of the Tribe. 

22 SEC. 608. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 

23 (a) IN GENERAL.—The Commonwealth of Virginia 

24 shall exercise jurisdiction over— 


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1 (1) all criminal offenses that are committed on; 

2 and 

3 (2) all civil actions that arise on, 

4 lands located within the Commonwealth of Virginia that 

5 are owned by, or held in trust by the United States for, 

6 the Tribe. 

7 (b) ACCEPTANCE OF STATE JURISDICTION BY SEC8 RETARY.—The Secretary of the Interior is authorized to ac9 cept on behalf of the United States, after consulting with 

10 the Attorney General of the United States, all or any por11 tion of the jurisdiction of the Commonwealth of Virginia 

12 described in subsection (a) upon verification by the Sec13 retary of a certification by a tribe that it possesses the ca14 pacity to reassume such jurisdiction. 


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Union Calendar No. 50 

111TH CONGRESS 

1ST SESSION H. R. 1385 

[Report No. 111–104] 

A BILL 

To extend Federal recognition to the Chickahominy 

dian Nation, and the Nansemond Indian Tribe. the Rappahannock Tribe, Inc., the Monacan InEastern Division, the Upper Mattaponi Tribe, Indian Tribe, the Chickahominy Indian TribeMAY 12, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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