I 

109TH CONGRESS 

2D SESSION H. R. 5130 

To extend Federal recognition to the Rappahannock Tribe, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2006 

Mrs. JO ANN DAVIS of Virginia introduced the following bill; which was 

referred to the Committee on Resources 

A BILL 

To extend Federal recognition to the Rappahannock Tribe, 

and for other purposes. 

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

3 SECTION 1. FINDINGS. 

4 The Congress finds the following: 

5 (1) During the initial months after Virginia was 

6 settled, the Rappahannocks had 3 encounters with 

7 Captain John Smith. The first occurred when the 

8 Rappahannock weroance (headman) traveled to 

9 Quiyocohannock (a principal town across the James 

10 River from Jamestown) where he met with the EngVerDate Aug 31 2005 21:14 May 02, 2006 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5130.IH H5130

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1 lishman to determine if Smith had been the ‘‘great 

2 man’’ who had previously sailed into the Rappahan3 nock River, killed a Rappahannock weroance, and 

4 kidnapped Rappahannock people. He determined 

5 that Smith was too short to be that ‘‘great man’’. 

6 On a second meeting, during John Smith’s captivity 

7 (December 16, 1607 until January 8, 1608), Smith 

8 was taken to the Rappahannock principal village to 

9 show the people that Smith was not the great man. 

10 A third meeting took place during Smith’s explo11 ration of the Chesapeake Bay (July 1608 until Sep12 tember 1608), when Smith was prevailed upon to 

13 make peace between the Rappahannock and the 

14 Moraughtacund Indians. The Moraughtacunds had 

15 stolen 3 women from the Rappahannock King. In 

16 the settlement, Smith had the 2 tribes meet on the 

17 spot of their first fight. When it was established that 

18 both sides wanted peace, Smith told the Rappahan19 nock King to select which of the 3 women he want20 ed; the Moraughtacund King got second choice; 

21 Mosco, a Wighcocomoco (on the Potomac River) 

22 guide, was given the third woman. 

23 (2) In 1645, Captain William Claiborne tried 

24 unsuccessfully to establish treaty relations with the 

25 Rappahannocks. The Rappahannocks had not parVerDate Aug 31 2005 21:14 May 02, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5130.IH H5130

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1 ticipated in the Pamunkey-led uprising in 1644, and 

2 the English wanted to ‘‘treat with the 

3 Rappahannocks or any other Indians not in amity 

4 with Opechancanough, concerning serving the county 

5 against the Pamunkeys’’. 

6 (3) In April 1651, the Rappahannocks conveyed 

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

8 Morre Fauntleroy. The deed was signed by 

9 Accopatough, weroance of the Rappahannock Indi10 ans. 

11 (4) In September 1653, Lancaster County 

12 signed a treaty with Rappahannock Indians. The 

13 terms of the treaty gave Rappahannocks the rights 

14 of the Englishmen in the county court, and it tried 

15 to make the Rappahannock more accountable to 

16 English law. 

17 (5) In September 1653, Lancaster County de18 fined and marked the bounds of its Indian settle19 ments. According to the Lancaster clerk of court, 

20 ‘‘the tribe called the great Rappahannocks lived on 

21 the Rappahannock Creek just across the river above 

22 Tappahannock’’. 

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

24 County (modern-day Richmond and Essex Counties) 

25 signed a treaty with Rappahannock Indians. The 


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1 treaty mirrored the Lancaster County treaty from 

2 1653, and added 2 points: Rappahannocks were to 

3 be rewarded, in Roanoke, for returning English fugi4 tives and the English encouraged the 

5 Rappahannocks to send their children to live among 

6 the English as servants, who the English promised 

7 would be treated well. 

8 (7) In 1658, the Virginia assembly revised a 

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

10 to any Englishman whatsoever de futuro until the 

11 Indians be first served with the proportion of 50 

12 acres of land for each bowman’’. 

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

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

15 Rappahannocks were residing at their hunting vil16 lage on the north side of the Mattaponi River. At 

17 the time of the visit, census takers were counting 

18 only the tribes along the rivers. This explains the 

19 low number of 30 Rappahannock bowmen counted 

20 on the river. The Rappahannocks used this hunting 

21 village on the north side of the Mattaponi River as 

22 their primary residence until they were removed in 

23 1684. 

24 (9) In May 1677, the Treaty of Middle Planta25 tion was signed with England. The Pamunkey 


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1 Queen Cockacoeske signed on behalf of the 

2 Rappahannocks ‘‘who were supposed to be her tribu3 taries’’. However, before the treaty could be ratified, 

4 the Queen of Pamunkey complained to the Virginia 

5 Colonial Council ‘‘that she was having trouble with 

6 Rappahannocks and Chickahominies, supposedly 

7 tributaries of hers’’. 

8 (10) In November 1682, the Virginia Colonial 

9 Council established a reservation for the Rappahan10 nock Indians of 3,474 acres ‘‘about the town where 

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

12 hunting village on the north side of the Mattaponi 

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

14 The acreage allotment was based on the 1658 Indian 

15 land act (seen above), which translated into a bow16 man population of 70, or an approximate total Rap17 pahannock population of 350. 

18 (11) In 1683, following raids by Iroquoian war19 riors on both Indian and English Settlements, the 

20 Virginia Colonial Council ordered the 

21 Rappahannocks to leave their reservation and unite 

22 with the Nanzatico Indians at Nanzatico Indian 

23 Town, which was located across and 30 miles up the 

24 Rappahannock River. 


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1 (12) Between 1687 and 1699, the 

2 Rappahannocks migrated out of Nanzatico, return3 ing to the south side of the Rappahannock River at 

4 Portobacco Indian Town. 

5 (13) In 1706, by order of Essex County, Lieu6 tenant Richard Covington ‘‘escorted’’ the 

7 Portobaccos and Rappahannocks out of Portobacco 

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

9 and Queen County where they settled along the 

10 ridgeline between the Rappahannock and Mattaponi 

11 Rivers, the site of their ancient hunting village and 

12 Mattaponi Rivers, the site of their ancient hunting 

13 village and 1682 reservation. 

14 (14) During the 1760s 3 Rappahannock girls 

15 were raised on Thomas Nelson’s ‘‘Bleak Hill’’ Plan16 tation in King William County. One girl married a 

17 Saunders man, one married a Johnson man, and the 

18 third had 2 children, Edmund and Carter Nelson, 

19 fathered by Thomas Cary Nelson. In the 19th cen20 tury, these Saunders, Johnson, and Nelson families 

21 are among the core Rappahannock families from 

22 which the modern tribe traces its descent. 

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

24 Bird and his unnamed wife, Carter Nelson, Edmund 

25 Nelson, and Carter Spurlock (all Rappahannock anVerDate Aug 31 2005 21:14 May 02, 2006 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5130.IH H5130

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1 cestors) were listed on the tax roles of King and 

2 Queen County. They are taxed at the county poor 

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

4 is significant documentation because the over5 whelming majority of pre-1864 records for King and 

6 Queen County were destroyed by fire. 

7 (16) Beginning in 1819, and continuing 

8 through the 1880s, there was a solid Rappahannock 

9 presence in the membership at Upper Essex Baptist 

10 Church. This is the first instance of conversion to 

11 Christianity by at least some Rappahannocks. Twen12 ty-six identifiable and traceable Rappahannock sur13 names appear on the pre-1863 membership list; 28 

14 were listed on the 1863 membership roster; that 

15 number had declined to 12 in 1878 and had risen 

16 only slightly to 14 by 1888. One reason for the de17 cline: in 1870, a Methodist circuit rider, Joseph 

18 Mastin, secured funds to purchase land and con19 struct St. Stephens Baptist church for the 

20 Rappahannocks living nearby in Caroline County. 

21 Mastin documented from 1850 to 1870. St. Ste22 phens was the dominant tribal church until the Rap23 pahannock Indian Baptist Church was established in 

24 1964. At both, the core Rappahannock family names 


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1 of Bird, Clarke, Fortune, Johnson, Nelson, Parker, 

2 and Richardson predominate. 

3 (17) During the early 1900s, James Mooney, 

4 noted anthropologist, maintained correspondence 

5 with the Rappahannocks, surveying them and in6 structing them on how to formalize their tribal gov7 ernment. 

8 (18) In November 1920, Speck visited the 

9 Rappahannocks and assisted them in organizing the 

10 fight for their sovereign rights. In 1921, the 

11 Rappahannocks were granted a charter from the 

12 Commonwealth of Virginia formalizing their tribal 

13 government. Speck began a professional relationship 

14 with the Tribe that would last more than 30 years 

15 and document Rappahannock history and traditions 

16 as never done before. 

17 (19) In April 1921, Rappahannock Chief 

18 George Nelson asked the Governor of Virginia, 

19 Westmoreland Davis, to forward a proclamation to 

20 the President of the United States. A list of tribal 

21 members and a handwritten copy of the proclama22 tion itself were appended. The letter concerned In23 dian freedom of speech and assembly nationwide. 

24 Chief Nelson testified also before Congress request25 ing acknowledgement of the Rappahannocks civil 


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1 and sovereign rights, quoting Isaiah 40:31; ‘‘They 

2 that wait upon the Lord shall renew their Strength; 

3 they shall mount up with wings as Eagles; They 

4 shall run, and not be weary; and they shall walk, 

5 and not faint’’. 

6 (20) In 1922, the Rappahannocks established a 

7 formal school at Lloyds, Essex County, Virginia. 

8 Prior to that time, Rappahannock children were 

9 taught by a tribal member in Central Point, Caroline 

10 County, Virginia. 

11 (21) In December 1923, Rappahannock Chief 

12 George Nelson testified before the United States 

13 Congress appealing for a $50,000 appropriation to 

14 establish an Indian school in Virginia. 

15 (22) In 1930, the Rappahannocks were engaged 

16 in an ongoing dispute with the Commonwealth of 

17 Virginia and the United States Census Bureau 

18 about their classification in the 1930 Federal cen19 sus. In January 1930, Rappahannock Chief Otho S. 

20 Nelson wrote to the Chief Statistician of the United 

21 States Census Bureau asking that the 218 enrolled 

22 Rappahannocks be listed as Indians. In February, 

23 Leon Truesdell replied to Nelson saying that ‘‘spe24 cial instructions’’ were being given about classifying 

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


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1 Steuart at the Census Bureau asking about the enu2 merators’ failure to classify his people as Indians. 

3 Nelson said that enumerators had not asked the 

4 question about race when they interviewed his peo5 ple. In a follow-up letter to Truesdell, Nelson re6 ported that the enumerators were ‘‘flatly denying’’ 

7 his people’s request to be listed as Indians. Further8 more, the race question was completely avoided dur9 ing interviews. The Rappahannocks had talked with 

10 Caroline and Essex County enumerators, and with 

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

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

13 list of members. The matter was settled by William 

14 Steuart who concluded that the Bureaus rule was 

15 that people of Indian descent could only be classified 

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

17 ‘‘Indian’’ identity was accepted in the local commu18 nity. The Virginia Vital Statistics Bureau classed all 

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

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

21 Rappahannocks. Therefore, in 1925, the Indian 

22 Rights Association took on the Rappahannock case 

23 to assist them in fighting for their recognition and 

24 rights as an Indian Tribe. 


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1 (23) During the World War II, the Pamunkeys, 

2 Mattaponis, Chickahominies, and Rappahannocks 

3 fought the draft boards about their racial identity. 

4 The Virginia Vital Statistics Bureau insisted that 

5 certain Indian draftees be inducted into Negro units. 

6 In the end, 3 Rappahannocks were convicted of vio7 lating the Federal draft laws. After spending time in 

8 a Federal prison, they were granted conscientious 

9 objector status and served out the remainder of the 

10 war working in military hospitals. 

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

12 were approximately 25 communities of Indians left 

13 in the Eastern United States that were entitled to 

14 Indian classification. The Rappahannocks were in15 cluded in this group. 

16 (25) In the 1940s, Leon Truesdell, Chief Stat17 istician, United States Bureau of the Census, listed 

18 118 members in the Rappahannock tribe in the In19 dian population of Virginia. 

20 (26) In April 25, 1940, the United Stated De21 partment of the Interior, Office of Indian Affairs, 

22 included the Rappahannocks in their list of Tribes 

23 by State and Agency. 

24 (27) In 1948, the Smithsonian Institution An25 nual Report included an article by William Harlen 


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1 Gilbert titled, ‘‘Surviving Indian Groups of the East2 ern United States’’. The Rappahannock Tribe was 

3 included and described in this article. 

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

5 Rappahannocks operated a school at Indian Neck. 

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

7 students bused by King and Queen County to Shar8 on Indian School in King William County, Virginia. 

9 In 1965, Rappahannock students entered Marriott 

10 High School (a white public school) by Executive 

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

12 Rappahannocks worked with the Coalition of East13 ern Native Americans to fight for Federal recogni14 tion. In 1979, the Coalition established a pottery 

15 and artisans company, operating with other Virginia 

16 tribes. In 1980, the Rappahannocks received funding 

17 through the Administration for Native Americans, to 

18 develop an economic program for the Tribe. 

19 (29) In 1983, the Rappahannocks received 

20 State recognition. This Bill acknowledges the perse21 verance of our people and their long struggle to 

22 maintain their community, tribal culture, and tradi23 tions, to take their rightful place in the history of 

24 the United States. 


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1 (30) Thomasina E. Jordan is commended for 

2 her tireless effort and work to gain federal recogni3 tion for Virginia Indians. Thomasina E. Jordan laid 

4 the foundation to make federal recognition a possi5 bility. The Virginia Indians stand on her shoulders. 

6 SEC. 2. DEFINITIONS. 

7 For the purposes of this Act— 

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

9 possessing the legal name Rappahannock Tribe, Inc., 

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

11 groups representing themselves as Rappahannocks; 

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

13 of the Interior; and 

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

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

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

19 SEC. 3. FEDERAL RECOGNITION. 

20 (a) FEDERAL RECOGNITION.—Federal recognition is 

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

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

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1 consistent with any specific provision of this Act, shall be 

2 applicable to the Tribe and its members. 

3 (b) FEDERAL SERVICES AND BENEFITS.— 

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

5 shall be eligible, on and after the date of the enact6 ment of this Act, for all services and benefits pro7 vided by the Federal Government to federally recog8 nized Indian tribes without regard to the existence 

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

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

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

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

15 the area comprised of King and Queen, Caroline, 

16 and Essex, Spotsylvania, Stafford, and Richmond 

17 Counties, Virginia. 

18 SEC. 4. MEMBERSHIP; GOVERNING DOCUMENTS. 

19 The membership roll and governing documents of the 

20 Tribe shall be the most recent membership roll and gov21 erning documents, respectively, submitted by the Tribe to 

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

23 SEC. 5. GOVERNING BODY. 

24 The governing body of the Tribe shall be the gov25 erning body on the date of the enactment of this Act, or 


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1 any new governing body selected under the election proce2 dures specified in the governing documents of the Tribe. 

3 SEC. 6. RESERVATION OF THE TRIBE. 

4 Notwithstanding any other provision of law, if the 

5 Tribe transfers other land within the boundaries of King 

6 and Queen County, Essex County, Richmond County, 

7 Caroline County, Spotsylvania County, or Stafford Coun8 ty, Virginia, to the Secretary, the Secretary shall take 

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

10 SEC. 7. GAMING PROHIBITION. 

11 No land taken into trust for the benefit of the tribe 

12 shall be considered Indian lands for the purposes of the 

13 Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). 

14 SEC. 8. HUNTING, FISHING, TRAPPING, GATHERING, AND 

15 WATER RIGHTS. 

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

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

18 or water rights of the Tribe and its members. 

Æ 


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