II 

Calendar No. 491 

112TH CONGRESS 

2D SESSION S. 379 

[Report No. 112–201] 

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 SENATE OF THE UNITED STATES 

FEBRUARY 17, 2011 

Mr. WEBB (for himself and Mr. WARNER) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

AUGUST 2, 2012 

Reported by Mr. AKAKA, without amendment 

A BILL 

To extend Federal recognition to the Chickahominy Indian 

Tribe, the Chickahominy Indian Tribe-Eastern Division, 

the Upper Mattaponi Tribe, the Rappahannock Tribe, 

Inc., the Monacan Indian Nation, and the Nansemond 

Indian Tribe. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Indian Tribes of Virginia Federal Recognition Act of 

4 2011’’. 

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

6 this 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. 

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. 


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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 

2 INDIAN 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— 

12 (A) the Chickahominy Indian Tribe agreed 

13 to provide 2 bushels of corn per man and send 

14 warriors to protect the English; and 


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1 (B) Sir Thomas Dale agreed in return to 

2 allow the Tribe to continue to practice its own 

3 tribal governance; 

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

5 the Chickahominy from their homeland to the area 

6 around the York Mattaponi River in present-day 

7 King William County, leading to the formation of a 

8 reservation; 

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

10 Queen of Pamunkey signed the Treaty of Middle 

11 Plantation on behalf of the Chickahominy; 

12 (5) in 1702, the Chickahominy were forced 

13 from their reservation, which caused the loss of a 

14 land base; 

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

16 in Williamsburg established a grammar school for 

17 Indians called Brafferton College; 

18 (7) a Chickahominy child was 1 of the first In19 dians to attend Brafferton College; 

20 (8) in 1750, the Chickahominy Indian Tribe 

21 began to migrate from King William County back to 

22 the area around the Chickahominy River in New 

23 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 

6 appear 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 

10 were assessed a tribal tax so that their children 

11 could receive an education; 

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

13 to build the first Samaria Indian School, buy sup14 plies, and pay a teacher’s salary; 

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

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

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 

24 Chiefs who had official business with Federal agen25 cies in 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 

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

5 medical, and library facilities and to buy tractors, 

6 implements, 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 

16 designation 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 

20 the Richmond News-Leader newspaper of Richmond, 

21 Virginia, to help Virginia Indians obtain proper ra22 cial 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 Com4 mittee of the Virginia State Board of Education ap5 proved Samaria Indian School to provide training to 

6 veterans; 

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 

7 students, which funding is provided as of the date 

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

9 Self-Determination and Education Assistance Act 

10 (25 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 

21 dinner 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 

10 Chickahominy 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 ap17 plicability to Indians or nations, Indian tribes, or 

18 bands of Indians (including the Act of June 18, 

19 1934 (25 U.S.C. 461 et seq.)), that are not incon20 sistent with this title shall be applicable to the Tribe 

21 and tribal 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 

2 Indian tribes without regard to— 

3 (A) the existence of a reservation for the 

4 Tribe; or 

5 (B) the location of the residence of any 

6 tribal member on or near any Indian reserva7 tion. 

8 (2) SERVICE AREA.—For the purpose of the de9 livery of Federal services to tribal members, the 

10 service area of the Tribe shall be considered to be 

11 the area comprised of New Kent County, James City 

12 County, Charles City County, and Henrico County, 

13 Virginia. 

14 SEC. 104. MEMBERSHIP; GOVERNING DOCUMENTS. 

15 The membership roll and governing documents of the 

16 Tribe shall be the most recent membership roll and gov17 erning documents, respectively, submitted by the Tribe to 

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

19 SEC. 105. GOVERNING BODY. 

20 The governing body of the Tribe shall be— 

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

22 of the date of enactment of this Act; or 

23 (2) any subsequent governing body elected in 

24 accordance with the election procedures specified in 

25 the governing documents of the Tribe. 


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1 SEC. 106. RESERVATION OF THE TRIBE. 

2 (a) IN GENERAL.—On request of the Tribe, the Sec3 retary— 

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

5 Tribe any land held in fee by the Tribe that was ac6 quired by the Tribe on or before January 1, 2007; 

7 and 

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

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

10 is located within the boundaries of New Kent Coun11 ty, James City County, Charles City County, or 

12 Henrico County, Virginia. 

13 (b) DEADLINE FOR DETERMINATION.—The Sec14 retary shall— 

15 (1) not later than 3 years after the date of a 

16 request of the Tribe under subsection (a), make a 

17 final written determination regarding the request; 

18 and 

19 (2) immediately make that determination avail20 able to the Tribe. 

21 (c) RESERVATION STATUS.—On request of the Tribe, 

22 any land taken into trust for the benefit of the Tribe pur23 suant to this section shall be considered to be a part of 

24 the reservation of the Tribe. 

25 (d) GAMING.—The Tribe may not conduct gaming ac26 tivities— 


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1 (1) as a matter of claimed inherent authority; 

2 or 

3 (2) pursuant to any Federal law, including the 

4 Indian Gaming Regulatory Act (25 U.S.C. 2701 et 

5 seq.) (including any regulations promulgated pursu6 ant to that Act by the Secretary or the National In7 dian Gaming Commission). 

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

9 WATER RIGHTS. 

10 Nothing in this title expands, reduces, or affects in 

11 any manner any hunting, fishing, trapping, gathering, or 

12 water rights of the Tribe and members of the Tribe. 

13 SEC. 108. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 

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

15 shall exercise jurisdiction over any criminal offense com16 mitted, and any civil actions arising, on land located with17 in the Commonwealth that is owned by, or held in trust 

18 by the United States for, the Tribe. 

19 (b) ACCEPTANCE OF COMMONWEALTH JURISDICTION

20 BY SECRETARY.—The Secretary may accept on behalf of 

21 the United States, after consultation with the Attorney 

22 General of the United States, all or any portion of the 

23 jurisdiction of the Commonwealth of Virginia described in 

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1 cation by the Tribe that the Tribe possesses the capacity 

2 to reassume that jurisdiction. 

3 (c) EFFECT OF SECTION.—Nothing in this section af4 fects the application of section 109 of the Indian Child 

5 Welfare Act of 1978 (25 U.S.C. 1919). 

6 TITLE II—CHICKAHOMINY IN7 DIAN TRIBE—EASTERN DIVI8 SION 

9 SEC. 201. FINDINGS. 

10 Congress finds that— 

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

12 along the Virginia coastline, the Chickahominy In13 dian Tribe was 1 of about 30 tribes that received 

14 them; 

15 (2) in 1614, the Chickahominy Indian Tribe en16 tered into a treaty with Sir Thomas Dale, Governor 

17 of the Jamestown Colony, under which— 

18 (A) the Chickahominy Indian Tribe agreed 

19 to provide 2 bushels of corn per man and send 

20 warriors to protect the English; and 

21 (B) Sir Thomas Dale agreed in return to 

22 allow the Tribe to continue to practice its own 

23 tribal governance; 

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

25 the Chickahominy from their homeland to the area 


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1 around the York River in present-day King William 

2 County, leading to the formation of a reservation; 

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

4 Queen of Pamunkey signed the Treaty of Middle 

5 Plantation on behalf of the Chickahominy; 

6 (5) in 1702, the Chickahominy were forced 

7 from their reservation, which caused the loss of a 

8 land base; 

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

10 in Williamsburg established a grammar school for 

11 Indians called Brafferton College; 

12 (7) a Chickahominy child was 1 of the first In13 dians to attend Brafferton College; 

14 (8) in 1750, the Chickahominy Indian Tribe 

15 began to migrate from King William County back to 

16 the area around the Chickahominy River in New 

17 Kent and Charles City Counties; 

18 (9) in 1793, a Baptist missionary named 

19 Bradby took refuge with the Chickahominy and took 

20 a Chickahominy woman as his wife; 

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

22 modern-day Chickahominy Indian Tribe began to 

23 appear in the Charles City County census records; 

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

25 Indians in New Kent County that is believed to be 


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1 the beginning of the Chickahominy Indian Tribe— 

2 Eastern Division; 

3 (12) other records were destroyed when the 

4 New Kent County courthouse was burned, leaving a 

5 State census as the only record covering that period; 

6 (13) in 1901, the Chickahominy Indian Tribe 

7 formed Samaria Baptist Church; 

8 (14) from 1901 to 1935, Chickahominy men 

9 were assessed a tribal tax so that their children 

10 could receive an education; 

11 (15) the Tribe used the proceeds from the tax 

12 to build the first Samaria Indian School, buy sup13 plies, and pay a teacher’s salary; 

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

15 1 through 8 was established in New Kent County for 

16 the Chickahominy Indian Tribe—Eastern Division; 

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

18 the Chickahominy Indian Tribe—Eastern Division 

19 began forming a tribal government; 

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

21 was elected to be Chief; 

22 (19) in 1922, Tsena Commocko Baptist Church 

23 was organized; 


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

2 issued to the Chickahominy Indian Tribe—Eastern 

3 Division; 

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

5 Kent County was closed and students were bused to 

6 Samaria Indian School in Charles City County; 

7 (22) in 1967, the Chickahominy Indian Tribe 

8 and the Chickahominy Indian Tribe—Eastern Divi9 sion lost their schools as a result of the required in10 tegration of students; 

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

12 Tsena Commocko Baptist Church built a new sanc13 tuary to accommodate church growth; 

14 (24) in 1983 the Chickahominy Indian Tribe— 

15 Eastern Division was granted State recognition 

16 along with 5 other Virginia Indian tribes; 

17 (25) in 1985— 

18 (A) the Virginia Council on Indians was 

19 organized as a State agency; and 

20 (B) the Chickahominy Indian Tribe—East21 ern Division was granted a seat on the Council; 

22 (26) in 1988, a nonprofit organization known 

23 as the ‘‘United Indians of Virginia’’ was formed; and 


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

2 Eastern Band of the Chickahominy presently chairs 

3 the organization. 

4 SEC. 202. DEFINITIONS. 

5 In this title: 

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

7 the Secretary of the Interior. 

8 (2) TRIBAL MEMBER.—The term ‘‘tribal mem9 ber’’ means— 

10 (A) an individual who is an enrolled mem11 ber of the Tribe as of the date of enactment of 

12 this Act; and 

13 (B) an individual who has been placed on 

14 the membership rolls of the Tribe in accordance 

15 with this title. 

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

17 Chickahominy Indian Tribe—Eastern Division. 

18 SEC. 203. FEDERAL RECOGNITION. 

19 (a) FEDERAL RECOGNITION.— 

20 (1) IN GENERAL.—Federal recognition is ex21 tended to the Tribe. 

22 (2) APPLICABILITY OF LAWS.—All laws (includ23 ing regulations) of the United States of general ap24 plicability to Indians or nations, Indian tribes, or 

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


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1 1934 (25 U.S.C. 461 et seq.)), that are not incon2 sistent with this title shall be applicable to the Tribe 

3 and tribal members. 

4 (b) FEDERAL SERVICES AND BENEFITS.— 

5 (1) IN GENERAL.—On and after the date of en6 actment of this Act, the Tribe and tribal members 

7 shall be eligible for all future services and benefits 

8 provided by the Federal Government to federally rec9 ognized Indian tribes without regard to— 

10 (A) the existence of a reservation for the 

11 Tribe; or 

12 (B) the location of the residence of any 

13 tribal member on or near any Indian reserva14 tion. 

15 (2) SERVICE AREA.—For the purpose of the de16 livery of Federal services to tribal members, the 

17 service area of the Tribe shall be considered to be 

18 the area comprised of New Kent County, James City 

19 County, Charles City County, and Henrico County, 

20 Virginia. 

21 SEC. 204. MEMBERSHIP; GOVERNING DOCUMENTS. 

22 The membership roll and governing documents of the 

23 Tribe shall be the most recent membership roll and gov24 erning documents, respectively, submitted by the Tribe to 

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


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1 SEC. 205. GOVERNING BODY. 

2 The governing body of the Tribe shall be— 

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

4 of the date of enactment of this Act; or 

5 (2) any subsequent governing body elected in 

6 accordance with the election procedures specified in 

7 the governing documents of the Tribe. 

8 SEC. 206. RESERVATION OF THE TRIBE. 

9 (a) IN GENERAL.—On request of the Tribe, the Sec10 retary— 

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

12 Tribe any land held in fee by the Tribe that was ac13 quired by the Tribe on or before January 1, 2007; 

14 and 

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

16 Tribe any land held in fee by the Tribe, if the land 

17 is located within the boundaries of New Kent Coun18 ty, James City County, Charles City County, or 

19 Henrico County, Virginia. 

20 (b) DEADLINE FOR DETERMINATION.—The Sec21 retary shall— 

22 (1) not later than 3 years after the date of a 

23 request of the Tribe under subsection (a), make a 

24 final written determination regarding the request; 

25 and 


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1 (2) immediately make that determination avail2 able to the Tribe. 

3 (c) RESERVATION STATUS.—On request of the Tribe, 

4 any land taken into trust for the benefit of the Tribe pur5 suant to this section shall be considered to be a part of 

6 the reservation of the Tribe. 

7 (d) GAMING.—The Tribe may not conduct gaming ac8 tivities— 

9 (1) as a matter of claimed inherent authority; 

10 or 

11 (2) pursuant to any Federal law, including the 

12 Indian Gaming Regulatory Act (25 U.S.C. 2701 et 

13 seq.) (including any regulations promulgated pursu14 ant to that Act by the Secretary or the National In15 dian Gaming Commission). 

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

17 WATER RIGHTS. 

18 Nothing in this title expands, reduces, or affects in 

19 any manner any hunting, fishing, trapping, gathering, or 

20 water rights of the Tribe and members of the Tribe. 

21 SEC. 208. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 

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

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1 in the Commonwealth that is owned by, or held in trust 

2 by the United States for, the Tribe. 

3 (b) ACCEPTANCE OF COMMONWEALTH JURISDICTION

4 BY SECRETARY.—The Secretary may accept on behalf of 

5 the United States, after consultation with the Attorney 

6 General of the United States, all or any portion of the 

7 jurisdiction of the Commonwealth of Virginia described in 

8 subsection (a) on verification by the Secretary of a certifi9 cation by the Tribe that the Tribe possesses the capacity 

10 to reassume that jurisdiction. 

11 (c) EFFECT OF SECTION.—Nothing in this section af12 fects the application of section 109 of the Indian Child 

13 Welfare Act of 1978 (25 U.S.C. 1919). 

14 TITLE III—UPPER MATTAPONI 

15 TRIBE 

16 SEC. 301. FINDINGS. 

17 Congress finds that— 

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

19 the Chickahominy Indian Tribes— 

20 (A) lived approximately 20 miles from 

21 Jamestown; and 

22 (B) were significantly involved in English23 Indian affairs; 


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1 (2) Mattaponi Indians, who later joined the 

2 Chickahominy Indians, lived a greater distance from 

3 Jamestown; 

4 (3) in 1646, the Chickahominy Indians moved 

5 to Mattaponi River basin, away from the English; 

6 (4) in 1661, the Chickahominy Indians sold 

7 land at a place known as ‘‘the cliffs’’ on the 

8 Mattaponi River; 

9 (5) in 1669, the Chickahominy Indians— 

10 (A) appeared in the Virginia Colony’s cen11 sus of Indian bowmen; and 

12 (B) lived in ‘‘New Kent’’ County, which in13 cluded the Mattaponi River basin at that time; 

14 (6) in 1677, the Chickahominy and Mattaponi 

15 Indians were subjects of the Queen of Pamunkey, 

16 who was a signatory to the Treaty of 1677 with the 

17 King of England; 

18 (7) in 1683, after a Mattaponi town was at19 tacked by Seneca Indians, the Mattaponi Indians 

20 took refuge with the Chickahominy Indians, and the 

21 history of the 2 groups was intertwined for many 

22 years thereafter; 

23 (8) in 1695, the Chickahominy and Mattaponi 

24 Indians— 


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1 (A) were assigned a reservation by the Vir2 ginia Colony; and 

3 (B) traded land of the reservation for land 

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

5 the date of enactment of this Act, is the 

6 Mattaponi Indian Reservation), which had been 

7 owned by the Mattaponi Indians before 1661; 

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

9 Indian School at the College of William and Mary; 

10 (10) in 1726, the Virginia Colony discontinued 

11 funding of interpreters for the Chickahominy and 

12 Mattaponi Indian Tribes; 

13 (11) James Adams, who served as an inter14 preter to the Indian tribes known as of the date of 

15 enactment of this Act as the ‘‘Upper Mattaponi In16 dian Tribe’’ and ‘‘Chickahominy Indian Tribe’’, 

17 elected to stay with the Upper Mattaponi Indians; 

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

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

20 (13) in 1787, Thomas Jefferson, in Notes on 

21 the Commonwealth of Virginia, mentioned the 

22 Mattaponi Indians on a reservation in King William 

23 County and said that Chickahominy Indians were 

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

25 Pamunkey Indians; 


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

2 revealed a nucleus of approximately 10 families, all 

3 ancestral to modern Upper Mattaponi Indians, living 

4 in central King William County, Virginia, approxi5 mately 10 miles from the reservation; 

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

7 King William County marriage records listed Upper 

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

9 on the reservation; 

10 (16) during the period of 1884 through the 

11 present, county marriage records usually refer to 

12 Upper Mattaponis as ‘‘Indians’’; 

13 (17) in 1901, Smithsonian anthropologist 

14 James Mooney heard about the Upper Mattaponi In15 dians but did not visit them; 

16 (18) in 1928, University of Pennsylvania an17 thropologist Frank Speck published a book on mod18 ern Virginia Indians with a section on the Upper 

19 Mattaponis; 

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

21 the Upper Mattaponi Indians opposed the use of a 

22 ‘‘colored’’ designation in the 1930 United States 

23 census and won a compromise in which the Indian 

24 ancestry of the Upper Mattaponis was recorded but 

25 questioned; 


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

2 (A) the leadership of the Upper Mattaponi 

3 Indians, with the help of Frank Speck and oth4 ers, fought against the induction of young men 

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

6 Forces of the United States; and 

7 (B) a tribal roll for the Upper Mattaponi 

8 Indians was compiled; 

9 (21) from 1945 to 1946, negotiations took 

10 place to admit some of the young people of the 

11 Upper Mattaponi to high schools for Federal Indians 

12 (especially at Cherokee) because no high school 

13 coursework was available for Indians in Virginia 

14 schools; and 

15 (22) in 1983, the Upper Mattaponi Indians ap16 plied for and won State recognition as an Indian 

17 tribe. 

18 SEC. 302. DEFINITIONS. 

19 In this title: 

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

21 the Secretary of the Interior. 

22 (2) TRIBAL MEMBER.—The term ‘‘tribal mem23 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 

8 Upper Mattaponi Tribe. 

9 SEC. 303. 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 ap15 plicability to Indians or nations, Indian tribes, or 

16 bands of Indians (including the Act of June 18, 

17 1934 (25 U.S.C. 461 et seq.)), that are not incon18 sistent with this title shall be applicable to the Tribe 

19 and tribal 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 

25 Indian tribes without regard to— 


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1 (A) the existence of a reservation for the 

2 Tribe; or 

3 (B) the location of the residence of any 

4 tribal member on or near any Indian reserva5 tion. 

6 (2) SERVICE AREA.—For the purpose of the de7 livery of Federal services to tribal members, the 

8 service area of the Tribe shall be considered to be 

9 the area within 25 miles of the Sharon Indian 

10 School at 13383 King William Road, King William 

11 County, Virginia. 

12 SEC. 304. MEMBERSHIP; GOVERNING DOCUMENTS. 

13 The membership roll and governing documents of the 

14 Tribe shall be the most recent membership roll and gov15 erning documents, respectively, submitted by the Tribe to 

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

17 SEC. 305. GOVERNING BODY. 

18 The governing body of the Tribe shall be— 

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

20 of the date of enactment of this Act; or 

21 (2) any subsequent governing body elected in 

22 accordance with the election procedures specified in 

23 the governing documents of the Tribe. 


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1 SEC. 306. RESERVATION OF THE TRIBE. 

2 (a) IN GENERAL.—On request of the Tribe, the Sec3 retary— 

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

5 Tribe any land held in fee by the Tribe that was ac6 quired by the Tribe on or before January 1, 2007; 

7 and 

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

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

10 is located within the boundaries of King William 

11 County, Caroline County, Hanover County, King 

12 and Queen County, and New Kent County, Virginia. 

13 (b) DEADLINE FOR DETERMINATION.—The Sec14 retary shall— 

15 (1) not later than 3 years after the date of a 

16 request of the Tribe under subsection (a), make a 

17 final written determination regarding the request; 

18 and 

19 (2) immediately make that determination avail20 able to the Tribe. 

21 (c) RESERVATION STATUS.—On request of the Tribe, 

22 any land taken into trust for the benefit of the Tribe pur23 suant to this section shall be considered to be a part of 

24 the reservation of the Tribe. 

25 (d) GAMING.—The Tribe may not conduct gaming ac26 tivities— 


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1 (1) as a matter of claimed inherent authority; 

2 or 

3 (2) pursuant to any Federal law, including the 

4 Indian Gaming Regulatory Act (25 U.S.C. 2701 et 

5 seq.) (including any regulations promulgated pursu6 ant to that Act by the Secretary or the National In7 dian Gaming Commission). 

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

9 WATER RIGHTS. 

10 Nothing in this title expands, reduces, or affects in 

11 any manner any hunting, fishing, trapping, gathering, or 

12 water rights of the Tribe and members of the Tribe. 

13 SEC. 308. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 

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

15 shall exercise jurisdiction over any criminal offense com16 mitted, and any civil actions arising, on land located with17 in the Commonwealth that is owned by, or held in trust 

18 by the United States for, the Tribe. 

19 (b) ACCEPTANCE OF COMMONWEALTH JURISDICTION

20 BY SECRETARY.—The Secretary may accept on behalf of 

21 the United States, after consultation with the Attorney 

22 General of the United States, all or any portion of the 

23 jurisdiction of the Commonwealth of Virginia described in 

24 subsection (a) on verification by the Secretary of a certifiVerDate Mar 15 2010 02:32 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S379.RS S379

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1 cation by the Tribe that the Tribe possesses the capacity 

2 to reassume that jurisdiction. 

3 (c) EFFECT OF SECTION.—Nothing in this section af4 fects the application of section 109 of the Indian Child 

5 Welfare Act of 1978 (25 U.S.C. 1919). 

6 TITLE IV—RAPPAHANNOCK 

7 TRIBE, INC. 

8 SEC. 401. FINDINGS. 

9 Congress finds that— 

10 (1)(A) the first encounter with the English 

11 colonists was chronicled by George Percy on May 5, 

12 1607, when the Rappahannock werowance, 

13 Pipiscumah or Pipisco, sent a messenger to Captain 

14 Christopher Newport bidding the English to come to 

15 him. 

16 (B) Percy wrote, ‘‘When we came to 

17 Rappahanna’s town, he entertained us in good hu18 manity.’’; 

19 (C) the meeting took place approximately 10 

20 miles from Jamestown, at the principal town of the 

21 Rappahannocks on the James River, 

22 Quioughcohanock (also called ‘‘Tapahanauk’’); 

23 (D) Quioughcohanock was a part of the Pow24 hatan chiefdom as well as a later town named after 

25 the werowance, Pipisco; 


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1 (E) those towns were located in (Old) James 

2 City County, which later became Surry County, Vir3 ginia; and 

4 (F) there are numerous interactions between 

5 those Rappahannock towns and the English recorded 

6 in the Jamestown Narratives during the period of 

7 1607 through 1617; 

8 (2) during the initial months after Virginia was 

9 settled, the Rappahannock Indians had 2 encounters 

10 with Captain John Smith; 

11 (3)(A) a meeting occurred during the time 

12 when Powhatan held Smith captive (December 1607 

13 through January 8, 1608); 

14 (B) Smith was taken to the Rappahannock 

15 principal town on the Rappahannock River to see if 

16 he was the ‘‘great man’’ that had previously sailed 

17 into the Rappahannock River, killed their king and 

18 kidnaped their people; and 

19 (C) it was determined that Smith was too short 

20 to be that ‘‘great man’’; 

21 (4) a second meeting took place during Smith’s 

22 exploration of the Chesapeake Bay (July 1608 to 

23 September 1608), when, after the Moraughtacund 

24 Indians had stolen 3 women from the Rappahannock 

25 King, Smith was prevailed on to facilitate a peaceful 


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1 truce between the Rappahannock and the 

2 Moraughtacund Indians; 

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

4 tribes meet on the spot of their first fight; 

5 (6) when it was established that both groups 

6 wanted peace, Smith told the Rappahannock King to 

7 select which of the 3 stolen women he wanted; 

8 (7) the Moraughtacund King was given second 

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

10 Wighcocomoco (on the Potomac River) guide, was 

11 given the third woman; 

12 (8) in 1645, Captain William Claiborne tried 

13 unsuccessfully to establish treaty relations with the 

14 Rappahannocks, because the Rappahannock towns 

15 on the Rappahannock River had not participated in 

16 the Pamunkey-led uprising in 1644, and the English 

17 wanted to ‘‘treat with the Rappahannocks or any 

18 other Indians not in amity with Opechancanough, 

19 concerning serving the County against the 

20 Pamunkey’s’’; 

21 (9) in April 1651, the Rappahannocks conveyed 

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

23 Fauntleroy; 


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

2 Accopatough, weroance of the Rappahannock Indi3 ans; 

4 (11) in September 1653, Lancaster County 

5 signed a treaty with Rappahannock Indians, the 

6 terms of which treaty— 

7 (A) gave Rappahannocks the rights of 

8 Englishmen in the county court; and 

9 (B) attempted to make the Rappahannocks 

10 more accountable under English law; 

11 (12) in September 1653, Lancaster County de12 fined and marked the bounds of its Indian settle13 ments; 

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

15 ‘‘the tribe called the great Rappahannocks lived on 

16 the Rappahannock Creek just across the river above 

17 Tappahannock’’; 

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

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

20 Act, is comprised of Richmond and Essex Counties, 

21 Virginia) signed a treaty with Rappahannock Indi22 ans that— 

23 (A) mirrored the Lancaster County treaty 

24 from 1653; and 

25 (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 

7 the English promised would be well-treat8 ed; 

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

10 1652 Act stating that ‘‘there be no grants of land 

11 to any Englishman whatsoever de futuro until the 

12 Indians be first served with the proportion of 50 

13 acres of land for each bowman’’; 

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

15 Virginia Indians; 

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

17 (A) the majority of the Rappahannocks 

18 were residing at their hunting village on the 

19 north side of the Mattaponi River; and 

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

21 were counting only the Indian tribes along the 

22 rivers, which explains why only 30 Rappahan23 nock bowmen were counted on that river; 

24 (18) the Rappahannocks used the hunting vil25 lage on the north side of the Mattaponi River as 


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1 their primary residence until the Rappahannocks 

2 were removed in 1684; 

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

5 (20) the Pamunkey Queen Cockacoeske signed 

6 on behalf of the Rappahannocks, ‘‘who were sup7 posed to be her tributaries’’, but before the treaty 

8 could be ratified, the Queen of Pamunkey com9 plained to the Virginia Colonial Council ‘‘that she 

10 was having trouble with Rappahannocks and 

11 Chickahominies, supposedly 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’’, the land being located in (Old) New 

16 Kent County, which was later divided to include the 

17 modern counties of Caroline and King & Queen in 

18 Virginia; 

19 (22) the Rappahannock ‘‘town’’ was the hunt20 ing village on the north side of the Mattaponi River, 

21 where the Rappahannocks had lived throughout the 

22 1670s; 

23 (23) the acreage allotment of the reservation 

24 was based on the 1658 Indian Land Act, which 


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1 translates into a bowman population of 70, or an ap2 proximate total Rappahannock population of 350; 

3 (24) in 1683, following raids by Iroquoian war4 riors on Indian and English settlements, the Vir5 ginia Colonial Council ordered the Rappahannocks 

6 to leave their reservation and unite with the 

7 Nanzatico Indians at Nanzatico Indian Town, which 

8 was located across and up the Rappahannock River 

9 approximately 30 miles in King George County; 

10 (25) between 1687 and 1699, the 

11 Rappahannocks migrated out of Nanzatico, return12 ing to the south side of the Rappahannock River at 

13 Portobacco Indian Town; 

14 (26)(A) in 1706, by order of Essex County, 

15 Lieutenant Richard Covington ‘‘escorted’’ the 

16 Portobaccos, Nanzaticos, and Rappahannocks out of 

17 Portabacco Indian Town, out of Essex County, and 

18 into King and Queen County, where those Indians 

19 settled along the ridgeline between the Rappahan20 nock and Mattaponi Rivers, the site of their ancient 

21 hunting village and 1682 reservation; and 

22 (B) that land encompassed the Newtown area 

23 on the King & Queen County side of the Mattaponi 

24 River and extended into Mangohick, on the King 

25 William County side of the Mattaponi River; 


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

2 were raised on Thomas Nelson’s Bleak Hill Planta3 tion in King William County; 

4 (28) of those girls— 

5 (A) 1 married a Saunders man; 

6 (B) 1 married a Johnson man; and 

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

8 Nelson, fathered by Thomas Cary Nelson; 

9 (29)(A) land was gifted by the Nelson family to 

10 the Saunders and Johnson families as wedding gifts 

11 to the Rappahannock girls in King William County; 

12 and 

13 (B) in the 19th century, those Saunders, John14 son, and Nelson families were among the core Rap15 pahannock families from which the modern Rappa16 hannock Tribe traces its descent; 

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

18 Bird (and his wife), Carter Nelson, Edmund Nelson, 

19 and Carter Spurlock (all Rappahannock ancestors) 

20 were listed on the tax roles of King and Queen 

21 County and taxed at the county poor rate; 

22 (31) Edmund Bird was added to the tax roles 

23 in 1821; 

24 (32) those tax records are significant docu25 mentation because the great majority of pre-1864 


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1 records for King and Queen County were destroyed 

2 by fire; 

3 (33) beginning in 1819, and continuing through 

4 the 1880s, there was a solid Rappahannock presence 

5 in the membership at Upper Essex Baptist Church; 

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

7 Christianity by at least some Rappahannock Indians; 

8 (35) while 26 identifiable and traceable Rappa9 hannock surnames appear on the pre-1863 member10 ship list, and 28 were listed on the 1863 member11 ship roster, the number of surnames listed had de12 clined to 12 in 1878 and had risen only slightly to 

13 14 by 1888; 

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

15 a Methodist circuit rider, Joseph Mastin, secured 

16 funds to purchase land and construct St. Stephens 

17 Baptist Church for the Rappahannocks living nearby 

18 in Caroline County; 

19 (37) Mastin referred to the Rappahannocks 

20 during the period of 1850 to 1870 as ‘‘Indians, hav21 ing a great need for moral and Christian guidance’’; 

22 (38) St. Stephens was the dominant tribal 

23 church until the Rappahannock Indian Baptist 

24 Church was established in 1964; 


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1 (39) at both churches, the core Rappahannock 

2 family names of Bird, Clarke, Fortune, Johnson, 

3 Nelson, Parker, and Richardson predominate; 

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

5 noted anthropologist, maintained correspondence 

6 with the Rappahannocks, surveying them and in7 structing them on how to formalize their tribal gov8 ernment; 

9 (41) in November 1920, Speck visited the 

10 Rappahannocks and assisted them in organizing the 

11 fight for their sovereign rights; 

12 (42) in 1921, the Rappahannocks were granted 

13 a charter from the Commonwealth of Virginia for14 malizing their tribal government; 

15 (43) Speck began a professional relationship 

16 with the Tribe that would last more than 30 years 

17 and document Rappahannock history and traditions 

18 as never before; 

19 (44) in April 1921, Rappahannock Chief 

20 George Nelson asked the Governor of Virginia, 

21 Westmoreland Davis, to forward a proclamation to 

22 the President of the United States, along with an 

23 appended list of tribal members and a handwritten 

24 copy of the proclamation itself; 


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1 (45) the letter concerned Indian freedom of 

2 speech and assembly nationwide; 

3 (46) in 1922, the Rappahannocks established a 

4 formal school at Lloyds, Essex County, Virginia; 

5 (47) prior to establishment of the school, Rap6 pahannock children were taught by a tribal member 

7 in Central Point, Caroline County, Virginia; 

8 (48) in December 1923, Rappahannock Chief 

9 George Nelson testified before Congress appealing 

10 for a $50,000 appropriation to establish an Indian 

11 school in Virginia; 

12 (49) in 1930, the Rappahannocks were engaged 

13 in an ongoing dispute with the Commonwealth of 

14 Virginia and the United States Census Bureau 

15 about their classification in the 1930 Federal cen16 sus; 

17 (50) in January 1930, Rappahannock Chief 

18 Otho S. Nelson wrote to Leon Truesdell, Chief Stat19 istician of the United States Census Bureau, asking 

20 that the 218 enrolled Rappahannocks be listed as 

21 Indians; 

22 (51) in February 1930, Truesdell replied to 

23 Nelson saying that ‘‘special instructions’’ were being 

24 given about classifying Indians; 


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

2 Steuart at the Census Bureau asking about the enu3 merators’ failure to classify his people as Indians, 

4 saying that enumerators had not asked the question 

5 about race when they interviewed his people; 

6 (53) in a followup letter to Truesdell, Nelson 

7 reported that the enumerators were ‘‘flatly denying’’ 

8 his people’s request to be listed as Indians and that 

9 the race question was completely avoided during 

10 interviews; 

11 (54) the Rappahannocks had spoken with Caro12 line and Essex County enumerators, and with John 

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

14 (55) Nelson asked Truesdell to list people as 

15 Indians if he sent a list of members; 

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

17 who concluded that the Bureau’s rule was that peo18 ple of Indian descent could be classified as ‘‘Indian’’ 

19 only if Indian ‘‘blood’’ predominated and ‘‘Indian’’ 

20 identity was accepted in the local community; 

21 (57) the Virginia Vital Statistics Bureau 

22 classed all nonreservation Indians as ‘‘Negro’’, and 

23 it failed to see why ‘‘an exception should be made’’ 

24 for the Rappahannocks; 


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1 (58) therefore, in 1925, the Indian Rights As2 sociation took on the Rappahannock case to assist 

3 the Rappahannocks in fighting for their recognition 

4 and rights as an Indian tribe; 

5 (59) during the Second World War, the 

6 Pamunkeys, Mattaponis, Chickahominies, and Rap7 pahannocks had to fight the draft boards with re8 spect to their racial identities; 

9 (60) the Virginia Vital Statistics Bureau in10 sisted that certain Indian draftees be inducted into 

11 Negro units; 

12 (61) finally, 3 Rappahannocks who were con13 victed of violating the Federal draft laws because 

14 they refused to be inducted unless they could be 

15 classified as Indian, after spending time in a Federal 

16 prison, were granted conscientious objector status 

17 and served out the remainder of the war working in 

18 military hospitals; 

19 (62) in 1943, Frank Speck noted that there 

20 were approximately 25 communities of Indians left 

21 in the Eastern United States that were entitled to 

22 Indian classification, including the Rappahannocks; 

23 (63) in the 1940s, Leon Truesdell, Chief Stat24 istician, of the United States Census Bureau, listed 


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1 118 members in the Rappahannock Tribe in the In2 dian population of Virginia; 

3 (64) on April 25, 1940, the Office of Indian Af4 fairs of the Department of the Interior included the 

5 Rappahannocks on a list of Indian tribes classified 

6 by State and by agency; 

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

9 Gilbert entitled, ‘‘Surviving Indian Groups of the 

10 Eastern United States’’, which included and de11 scribed the Rappahannock Tribe; 

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

13 Rappahannocks operated a school at Indian Neck; 

14 (67) the Commonwealth agreed to pay a tribal 

15 teacher to teach 10 students bused by King and 

16 Queen County to Sharon Indian School in King Wil17 liam County, Virginia; 

18 (68) in 1965, Rappahannock students entered 

19 Marriott High School (a White public school) by ex20 ecutive order of the Governor of Virginia; 

21 (69) in 1972, the Rappahannocks worked with 

22 the Coalition of Eastern Native Americans to fight 

23 for Federal recognition; 


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1 (70) in 1979, the Coalition established a pot2 tery and artisans company, operating with other Vir3 ginia tribes; 

4 (71) in 1980, the Rappahannocks received 

5 funding through the Administration for Native 

6 Americans of the Department of Health and Human 

7 Services to develop an economic program for the 

8 Tribe; and 

9 (72) in 1983, the Rappahannocks received 

10 State recognition as an Indian tribe. 

11 SEC. 402. DEFINITIONS. 

12 In this title: 

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

14 the Secretary of the Interior. 

15 (2) TRIBAL MEMBER.—The term ‘‘tribal mem16 ber’’ means— 

17 (A) an individual who is an enrolled mem18 ber of the Tribe as of the date of enactment of 

19 this Act; and 

20 (B) an individual who has been placed on 

21 the membership rolls of the Tribe in accordance 

22 with this title. 

23 (3) TRIBE.— 


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1 (A) IN GENERAL.—The term ‘‘Tribe’’ 

2 means the organization possessing the legal 

3 name Rappahannock 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 ap14 plicability to Indians or nations, Indian tribes, or 

15 bands of Indians (including the Act of June 18, 

16 1934 (25 U.S.C. 461 et seq.)), that are not incon17 sistent with this title shall be applicable to the Tribe 

18 and tribal 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 

24 Indian tribes without regard to— 


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1 (A) the existence of a reservation for the 

2 Tribe; or 

3 (B) the location of the residence of any 

4 tribal member on or near any Indian reserva5 tion. 

6 (2) SERVICE AREA.—For the purpose of the de7 livery of Federal services to tribal members, the 

8 service area of the Tribe shall be considered to be 

9 the area comprised of King and Queen County, 

10 Caroline County, Essex County, and King William 

11 County, Virginia. 

12 SEC. 404. MEMBERSHIP; GOVERNING DOCUMENTS. 

13 The membership roll and governing documents of the 

14 Tribe shall be the most recent membership roll and gov15 erning documents, respectively, submitted by the Tribe to 

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

17 SEC. 405. GOVERNING BODY. 

18 The governing body of the Tribe shall be— 

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

20 of the date of enactment of this Act; or 

21 (2) any subsequent governing body elected in 

22 accordance with the election procedures specified in 

23 the governing documents of the Tribe. 


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1 SEC. 406. RESERVATION OF THE TRIBE. 

2 (a) IN GENERAL.—On request of the Tribe, the Sec3 retary— 

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

5 Tribe any land held in fee by the Tribe that was ac6 quired by the Tribe on or before January 1, 2007; 

7 and 

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

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

10 is located within the boundaries of King and Queen 

11 County, Richmond County, Lancaster County, King 

12 George County, Essex County, Caroline County, 

13 New Kent County, King William County, and James 

14 City County, Virginia. 

15 (b) DEADLINE FOR DETERMINATION.—The Sec16 retary shall— 

17 (1) not later than 3 years after the date of a 

18 request of the Tribe under subsection (a), make a 

19 final written determination regarding the request; 

20 and 

21 (2) immediately make that determination avail22 able to the Tribe. 

23 (c) RESERVATION STATUS.—On request of the Tribe, 

24 any land taken into trust for the benefit of the Tribe pur25 suant to this section shall be considered to be a part of 

26 the reservation of the Tribe. 


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1 (d) GAMING.—The Tribe may not conduct gaming ac2 tivities— 

3 (1) as a matter of claimed inherent authority; 

4 or 

5 (2) pursuant to any Federal law, including the 

6 Indian Gaming Regulatory Act (25 U.S.C. 2701 et 

7 seq.) (including any regulations promulgated pursu8 ant to that Act by the Secretary or the National In9 dian Gaming Commission). 

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

11 WATER RIGHTS. 

12 Nothing in this title expands, reduces, or affects in 

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

14 water rights of the Tribe and members of the Tribe. 

15 SEC. 408. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 

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

17 shall exercise jurisdiction over any criminal offense com18 mitted, and any civil actions arising, on land located with19 in the Commonwealth that is owned by, or held in trust 

20 by the United States for, the Tribe. 

21 (b) ACCEPTANCE OF COMMONWEALTH JURISDICTION

22 BY SECRETARY.—The Secretary may accept on behalf of 

23 the United States, after consultation with the Attorney 

24 General of the United States, all or any portion of the 

25 jurisdiction of the Commonwealth of Virginia described in 


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1 subsection (a) on verification by the Secretary of a certifi2 cation by the Tribe that the Tribe possesses the capacity 

3 to reassume that jurisdiction. 

4 (c) EFFECT OF SECTION.—Nothing in this section af5 fects the application of section 109 of the Indian Child 

6 Welfare Act of 1978 (25 U.S.C. 1919). 

7 TITLE V—MONACAN INDIAN 

8 NATION 

9 SEC. 501. FINDINGS. 

10 Congress finds that— 

11 (1) in 1677, the Monacan Tribe signed the 

12 Treaty of Middle Plantation between Charles II of 

13 England and 12 Indian ‘‘Kings and Chief Men’’; 

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

15 Spotswood negotiated to save the Virginia Indians 

16 from extinction at the hands of the Iroquois; 

17 (3) specifically mentioned in the negotiations 

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

19 Saponi, Ocheneeches (Occaneechi), Stengenocks, and 

20 Meipontskys; 

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

22 Benjamin Evans and Robert Johns, both ancestors 

23 of the present Monacan community, listed as 

24 ‘‘white’’ with mulatto children; 


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

2 families; 

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

4 29 families, mostly large, with Monacan surnames, 

5 the members of which are genealogically related to 

6 the present community; 

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

8 Bear Mountain Indian Mission; 

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

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

11 the structure is listed as a landmark on the National 

12 Register of Historic Places; 

13 (9) in 1920, 304 Amherst Indians were identi14 fied in the United States census; 

15 (10) from 1930 through 1931, numerous letters 

16 from Monacans to the Bureau of the Census re17 sulted from the decision of Dr. Walter Plecker, 

18 former head of the Bureau of Vital Statistics of the 

19 Commonwealth of Virginia, not to allow Indians to 

20 register as Indians for the 1930 census; 

21 (11) the Monacans eventually succeeded in 

22 being allowed to claim their race, albeit with an as23 terisk attached to a note from Dr. Plecker stating 

24 that there were no Indians in Virginia; 


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1 (12) in 1947, D’Arcy McNickle, a Salish In2 dian, saw some of the children at the Amherst Mis3 sion and requested that the Cherokee Agency visit 

4 them because they appeared to be Indian; 

5 (13) that letter was forwarded to the Depart6 ment of the Interior, Office of Indian Affairs, Chi7 cago, Illinois; 

8 (14) Chief Jarrett Blythe of the Eastern Band 

9 of Cherokee did visit the Mission and wrote that he 

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

11 Cherokee school’’; 

12 (15) in 1979, a Federal Coalition of Eastern 

13 Native Americans established the entity known as 

14 ‘‘Monacan Co-operative Pottery’’ at the Amherst 

15 Mission; 

16 (16) some important pieces were produced at 

17 Monacan Co-operative Pottery, including a piece 

18 that was sold to the Smithsonian Institution; 

19 (17) the Mattaponi-Pamunkey-Monacan Con20 sortium, established in 1981, has since been orga21 nized as a nonprofit corporation that serves as a ve22 hicle to obtain funds for those Indian tribes from the 

23 Department of Labor under Native American pro24 grams; 


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1 (18) in 1989, the Monacan Tribe was recog2 nized by the Commonwealth of Virginia, which en3 abled the Tribe to apply for grants and participate 

4 in other programs; and 

5 (19) in 1993, the Monacan Tribe received tax6 exempt status as a nonprofit corporation from the 

7 Internal Revenue Service. 

8 SEC. 502. DEFINITIONS. 

9 In this title: 

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

11 the Secretary of the Interior. 

12 (2) TRIBAL MEMBER.—The term ‘‘tribal mem13 ber’’ means— 

14 (A) an individual who is an enrolled mem15 ber of the Tribe as of the date of enactment of 

16 this Act; and 

17 (B) an individual who has been placed on 

18 the membership rolls of the Tribe in accordance 

19 with this title. 

20 (3) TRIBE.—The term ‘‘Tribe’’ means the Mon21 acan Indian Nation. 

22 SEC. 503. FEDERAL RECOGNITION. 

23 (a) FEDERAL RECOGNITION.— 

24 (1) IN GENERAL.—Federal recognition is ex25 tended to the Tribe. 


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1 (2) APPLICABILITY OF LAWS.—All laws (includ2 ing regulations) of the United States of general ap3 plicability to Indians or nations, Indian tribes, or 

4 bands of Indians (including the Act of June 18, 

5 1934 (25 U.S.C. 461 et seq.)), that are not incon6 sistent with this title shall be applicable to the Tribe 

7 and tribal members. 

8 (b) FEDERAL SERVICES AND BENEFITS.— 

9 (1) IN GENERAL.—On and after the date of en10 actment of this Act, the Tribe and tribal members 

11 shall be eligible for all services and benefits provided 

12 by the Federal Government to federally recognized 

13 Indian tribes without regard to— 

14 (A) the existence of a reservation for the 

15 Tribe; or 

16 (B) the location of the residence of any 

17 tribal member on or near any Indian reserva18 tion. 

19 (2) SERVICE AREA.—For the purpose of the de20 livery of Federal services to tribal members, the 

21 service area of the Tribe shall be considered to be 

22 the area comprised of all land within 25 miles from 

23 the center of Amherst, Virginia. 


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1 SEC. 504. 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. 505. 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 

11 accordance with the election procedures specified in 

12 the governing documents of the Tribe. 

13 SEC. 506. RESERVATION OF THE TRIBE. 

14 (a) IN GENERAL.—On request of the Tribe, the Sec15 retary— 

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, 

19 if the land is located within the boundaries of Am20 herst County, Virginia; and 

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

22 Tribe— 

23 (A) any land held in fee by the Tribe, if 

24 the land is located within the boundaries of 

25 Amherst County, Virginia; and 


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1 (B) the parcels of land located in 

2 Rockbridge County, Virginia (subject to the 

3 consent of the local unit of government), owned 

4 by Mr. J. Poole, described as East 731 

5 Sandbridge (encompassing approximately 4.74 

6 acres) and East 731 (encompassing approxi7 mately 5.12 acres). 

8 (b) DEADLINE FOR DETERMINATION.—The Sec9 retary shall— 

10 (1) not later than 3 years after the date of a 

11 request of the Tribe under subsection (a)(2), make 

12 a final written determination regarding the request; 

13 and 

14 (2) immediately make that determination avail15 able to the Tribe. 

16 (c) RESERVATION STATUS.—On request of the Tribe, 

17 any land taken into trust for the benefit of the Tribe pur18 suant to this section shall be considered to be a part of 

19 the reservation of the Tribe. 

20 (d) GAMING.—The Tribe may not conduct gaming ac21 tivities— 

22 (1) as a matter of claimed inherent authority; 

23 or 

24 (2) pursuant to any Federal law, including the 

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


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1 seq.) (including any regulations promulgated pursu2 ant to that Act by the Secretary or the National In3 dian Gaming Commission). 

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

5 WATER RIGHTS. 

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

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

8 water rights of the Tribe and members of the Tribe. 

9 SEC. 508. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 

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

11 shall exercise jurisdiction over any criminal offense com12 mitted, and any civil actions arising, on land located with13 in the Commonwealth that is owned by, or held in trust 

14 by the United States for, the Tribe. 

15 (b) ACCEPTANCE OF COMMONWEALTH JURISDICTION

16 BY SECRETARY.—The Secretary may accept on behalf of 

17 the United States, after consultation with the Attorney 

18 General of the United States, all or any portion of the 

19 jurisdiction of the Commonwealth of Virginia described in 

20 subsection (a) on verification by the Secretary of a certifi21 cation by the Tribe that the Tribe possesses the capacity 

22 to reassume that jurisdiction. 

23 (c) EFFECT OF SECTION.—Nothing in this section af24 fects the application of section 109 of the Indian Child 

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


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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 Indi6 ans— 

7 (A) lived approximately 30 miles from 

8 Jamestown; and 

9 (B) were significantly involved in English10 Indian affairs; 

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

12 Nansemonds in communication with each other, the 

13 Christianized Nansemonds in Norfolk County, who 

14 lived as citizens, and the traditionalist Nansemonds, 

15 who lived further west; 

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

17 century sermon book still owned by the Chief’s fam18 ily, a Norfolk County Englishman married a Nanse19 mond woman; 

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

21 all of members of the Nansemond Indian tribe alive 

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

23 of the traditionalist Nansemonds; 


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1 (5) in 1669, the 2 Nansemond sections ap2 peared in Virginia Colony’s census of Indian bow3 men; 

4 (6) in 1677, Nansemond Indians were signato5 ries to the Treaty of 1677 with the King of Eng6 land; 

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

8 other Virginia Indian tribes were prevented by Vir9 ginia Colony from making a separate peace with the 

10 Iroquois; 

11 (8) Virginia represented those Indian tribes in 

12 the final Treaty of Albany, 1722; 

13 (9) in 1711, a Nansemond boy attended the In14 dian School at the College of William and Mary; 

15 (10) in 1727, Norfolk County granted William 

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

17 clearing swamp land and bearing arms (which privi18 leges were forbidden to other non-Whites) because of 

19 their Nansemond ancestry, which meant that Bass 

20 and his kinsmen were original inhabitants of that 

21 land; 

22 (11) in 1742, Norfolk County issued a certifi23 cate of Nansemond descent to William Bass; 

24 (12) from the 1740s to the 1790s, the tradi25 tionalist section of the Nansemond tribe, 40 miles 


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1 west of the Christianized Nansemonds, was dealing 

2 with reservation land; 

3 (13) the last surviving members of that section 

4 sold out in 1792 with the permission of the Com5 monwealth of Virginia; 

6 (14) in 1797, Norfolk County issued a certifi7 cate stating that William Bass was of Indian and 

8 English descent, and that his Indian line of ancestry 

9 ran directly back to the early 18th century elder in 

10 a traditionalist section of Nansemonds on the res11 ervation; 

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

13 people of European and Indian descent to obtain a 

14 special certificate of ancestry; 

15 (16) the law originated from the county in 

16 which Nansemonds lived, and mostly Nansemonds, 

17 with a few people from other counties, took advan18 tage of the new law; 

19 (17) a Methodist mission established around 

20 1850 for Nansemonds is currently a standard Meth21 odist congregation with Nansemond members; 

22 (18) in 1901, Smithsonian anthropologist 

23 James Mooney— 

24 (A) visited the Nansemonds; and 


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1 (B) completed a tribal census that counted 

2 61 households and was later published; 

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

4 Indian school in the segregated school system of 

5 Norfolk County; 

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

7 (21) in 1928, University of Pennsylvania an8 thropologist Frank Speck published a book on mod9 ern Virginia Indians that included a section on the 

10 Nansemonds; and 

11 (22) the Nansemonds were organized formally, 

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

13 and received State recognition. 

14 SEC. 602. DEFINITIONS. 

15 In this title: 

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

17 the Secretary of the Interior. 

18 (2) TRIBAL MEMBER.—The term ‘‘tribal mem19 ber’’ means— 

20 (A) an individual who is an enrolled mem21 ber of the Tribe as of the date of enactment of 

22 this Act; and 

23 (B) an individual who has been placed on 

24 the membership rolls of the Tribe in accordance 

25 with this title. 


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

2 Nansemond Indian Tribe. 

3 SEC. 603. FEDERAL RECOGNITION. 

4 (a) FEDERAL RECOGNITION.— 

5 (1) IN GENERAL.—Federal recognition is ex6 tended to the Tribe. 

7 (2) APPLICABILITY OF LAWS.—All laws (includ8 ing regulations) of the United States of general ap9 plicability to Indians or nations, Indian tribes, or 

10 bands of Indians (including the Act of June 18, 

11 1934 (25 U.S.C. 461 et seq.)), that are not incon12 sistent with this title shall be applicable to the Tribe 

13 and tribal members. 

14 (b) FEDERAL SERVICES AND BENEFITS.— 

15 (1) IN GENERAL.—On and after the date of en16 actment of this Act, the Tribe and tribal members 

17 shall be eligible for all services and benefits provided 

18 by the Federal Government to federally recognized 

19 Indian tribes without regard to— 

20 (A) the existence of a reservation for the 

21 Tribe; or 

22 (B) the location of the residence of any 

23 tribal member on or near any Indian reserva24 tion. 


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1 (2) SERVICE AREA.—For the purpose of the de2 livery of Federal services to tribal members, the 

3 service area of the Tribe shall be considered to be 

4 the area comprised of the cities of Chesapeake, 

5 Hampton, Newport News, Norfolk, Portsmouth, Suf6 folk, and Virginia Beach, Virginia. 

7 SEC. 604. 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. 605. 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 

17 accordance with the election procedures specified in 

18 the governing documents of the Tribe. 

19 SEC. 606. RESERVATION OF THE TRIBE. 

20 (a) IN GENERAL.—On request of the Tribe, the Sec21 retary— 

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; 

25 and 


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

2 Tribe any land held in fee by the Tribe, if the land 

3 is located within the boundaries of the city of Suf4 folk, the city of Chesapeake, or Isle of Wight Coun5 ty, Virginia. 

6 (b) DEADLINE FOR DETERMINATION.—The Sec7 retary shall— 

8 (1) not later than 3 years after the date of a 

9 request of the Tribe under subsection (a), make a 

10 final written determination regarding the request; 

11 and 

12 (2) immediately make that determination avail13 able to the Tribe. 

14 (c) RESERVATION STATUS.—On request of the Tribe, 

15 any land taken into trust for the benefit of the Tribe pur16 suant to this section shall be considered to be a part of 

17 the reservation of the Tribe. 

18 (d) GAMING.—The Tribe may not conduct gaming ac19 tivities— 

20 (1) as a matter of claimed inherent authority; 

21 or 

22 (2) pursuant to any Federal law, including the 

23 Indian Gaming Regulatory Act (25 U.S.C. 2701 et 

24 seq.) (including any regulations promulgated pursuVerDate Mar 15 2010 02:32 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S379.RS S379

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1 ant to that Act by the Secretary or the National In2 dian Gaming Commission). 

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

4 WATER RIGHTS. 

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

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

7 water rights of the Tribe and members of the Tribe. 

8 SEC. 608. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 

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

10 shall exercise jurisdiction over any criminal offense com11 mitted, and any civil actions arising, on land located with12 in the Commonwealth that is owned by, or held in trust 

13 by the United States for, the Tribe. 

14 (b) ACCEPTANCE OF COMMONWEALTH JURISDICTION

15 BY SECRETARY.—The Secretary may accept on behalf of 

16 the United States, after consultation with the Attorney 

17 General of the United States, all or any portion of the 

18 jurisdiction of the Commonwealth of Virginia described in 

19 subsection (a) on verification by the Secretary of a certifi20 cation by the Tribe that the Tribe possesses the capacity 

21 to reassume that jurisdiction. 

22 (c) EFFECT OF SECTION.—Nothing in this section af23 fects the application of section 109 of the Indian Child 

24 Welfare Act of 1978 (25 U.S.C. 1919). 


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Calendar No. 491 

112TH CONGRESS 

2D SESSION S. 379 

[Report No. 112–201] 

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 TribeAUGUST 2, 2012 

Reported without amendment 


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