II 

112TH CONGRESS 

1ST SESSION S. 379 

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 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Indian Tribes of Virginia Federal Recognition Act of 

6 2011’’. 


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

2 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. 

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. 


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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 

15 (B) Sir Thomas Dale agreed in return to 

16 allow the Tribe to continue to practice its own 

17 tribal governance; 

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

19 the Chickahominy from their homeland to the area 


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1 around the York Mattaponi River in present-day 

2 King William County, leading to the formation of a 

3 reservation; 

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

5 Queen of Pamunkey signed the Treaty of Middle 

6 Plantation on behalf of the Chickahominy; 

7 (5) in 1702, the Chickahominy were forced 

8 from their reservation, which caused the loss of a 

9 land base; 

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

11 in Williamsburg established a grammar school for 

12 Indians called Brafferton College; 

13 (7) a Chickahominy child was 1 of the first In14 dians to attend Brafferton College; 

15 (8) in 1750, the Chickahominy Indian Tribe 

16 began to migrate from King William County back to 

17 the area around the Chickahominy River in New 

18 Kent and Charles City Counties; 

19 (9) in 1793, a Baptist missionary named 

20 Bradby took refuge with the Chickahominy and took 

21 a Chickahominy woman as his wife; 

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

23 modern-day Chickahominy Indian Tribe began to 

24 appear in the Charles City County census records; 


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1 (11) in 1901, the Chickahominy Indian Tribe 

2 formed Samaria Baptist Church; 

3 (12) from 1901 to 1935, Chickahominy men 

4 were assessed a tribal tax so that their children 

5 could receive an education; 

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

7 to build the first Samaria Indian School, buy sup8 plies, and pay a teacher’s salary; 

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

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

11 Adkins that he had instructed the Commissioner of 

12 Revenue for Charles City County to record Chicka13 hominy tribal members on the county tax rolls as In14 dian, and not as White or colored; 

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

16 various Governors of the Commonwealth of Virginia 

17 wrote letters of introduction for Chickahominy 

18 Chiefs who had official business with Federal agen19 cies in Washington, DC; 

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

21 wrote to John Collier, Commissioner of Indian Af22 fairs, requesting money to acquire land for the 

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

24 medical, and library facilities and to buy tractors, 

25 implements, and seed; 


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1 (17) in 1934, John Collier, Commissioner of In2 dian Affairs, wrote to Chickahominy Chief O.O. 

3 Adkins, informing him that Congress had passed the 

4 Act of June 18, 1934 (commonly known as the ‘‘In5 dian Reorganization Act’’) (25 U.S.C. 461 et seq.), 

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

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

8 wrote to John Collier, Commissioner of Indian Af9 fairs, asking for help in getting the proper racial 

10 designation on Selective Service records for Chicka11 hominy soldiers; 

12 (19) in 1943, John Collier, Commissioner of In13 dian Affairs, asked Douglas S. Freeman, editor of 

14 the Richmond News-Leader newspaper of Richmond, 

15 Virginia, to help Virginia Indians obtain proper ra16 cial designation on birth records; 

17 (20) Collier stated that his office could not offi18 cially intervene because it had no responsibility for 

19 the Virginia Indians, ‘‘as a matter largely of histor20 ical accident’’, but was ‘‘interested in them as de21 scendants of the original inhabitants of the region’’; 

22 (21) in 1948, the Veterans’ Education Com23 mittee of the Virginia State Board of Education ap24 proved Samaria Indian School to provide training to 

25 veterans; 


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

2 Chickahominy Indian Tribe; 

3 (23) in 1950, the Chickahominy Indian Tribe 

4 purchased and donated to the Charles City County 

5 School Board land to be used to build a modern 

6 school for students of the Chickahominy and other 

7 Virginia Indian tribes; 

8 (24) the Samaria Indian School included stu9 dents in grades 1 through 8; 

10 (25) In 1961, Senator Sam Ervin, Chairman of 

11 the Subcommittee on Constitutional Rights of the 

12 Committee on the Judiciary of the Senate, requested 

13 Chickahominy Chief O.O. Adkins to provide assist14 ance in analyzing the status of the constitutional 

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

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

17 board closed Samaria Indian School and converted 

18 the school to a countywide primary school as a step 

19 toward full school integration of Indian and non-In20 dian students; 

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

22 board began receiving funds under the Indian Self23 Determination and Education Assistance Act (25 

24 U.S.C. 458aa et seq.) on behalf of Chickahominy 

25 students, which funding is provided as of the date 


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

2 Self-Determination and Education Assistance Act 

3 (25 U.S.C. 458aaa et seq.); 

4 (28) in 1974, the Chickahominy Indian Tribe 

5 bought land and built a tribal center using monthly 

6 pledges from tribal members to finance the trans7 actions; 

8 (29) in 1983, the Chickahominy Indian Tribe 

9 was granted recognition as an Indian tribe by the 

10 Commonwealth of Virginia, along with 5 other In11 dian tribes; and 

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

13 special guest at an intertribal Thanksgiving Day 

14 dinner hosted by the Chickahominy Indian Tribe. 

15 SEC. 102. DEFINITIONS. 

16 In this title: 

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

18 the Secretary of the Interior. 

19 (2) TRIBAL MEMBER.—The term ‘‘tribal mem20 ber’’ means— 

21 (A) an individual who is an enrolled mem22 ber of the Tribe as of the date of enactment of 

23 this Act; and 


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1 (B) an individual who has been placed on 

2 the membership rolls of the Tribe in accordance 

3 with this title. 

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

5 Chickahominy Indian Tribe. 

6 SEC. 103. FEDERAL RECOGNITION. 

7 (a) FEDERAL RECOGNITION.— 

8 (1) IN GENERAL.—Federal recognition is ex9 tended to the Tribe. 

10 (2) APPLICABILITY OF LAWS.—All laws (includ11 ing regulations) of the United States of general ap12 plicability to Indians or nations, Indian tribes, or 

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

14 1934 (25 U.S.C. 461 et seq.)), that are not incon15 sistent with this title shall be applicable to the Tribe 

16 and tribal members. 

17 (b) FEDERAL SERVICES AND BENEFITS.— 

18 (1) IN GENERAL.—On and after the date of en19 actment of this Act, the Tribe and tribal members 

20 shall be eligible for all services and benefits provided 

21 by the Federal Government to federally recognized 

22 Indian tribes without regard to— 

23 (A) the existence of a reservation for the 

24 Tribe; or 


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1 (B) the location of the residence of any 

2 tribal member on or near any Indian reserva3 tion. 

4 (2) SERVICE AREA.—For the purpose of the de5 livery of Federal services to tribal members, the 

6 service area of the Tribe shall be considered to be 

7 the area comprised of New Kent County, James City 

8 County, Charles City County, and Henrico County, 

9 Virginia. 

10 SEC. 104. MEMBERSHIP; GOVERNING DOCUMENTS. 

11 The membership roll and governing documents of the 

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

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

15 SEC. 105. GOVERNING BODY. 

16 The governing body of the Tribe shall be— 

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

18 of the date of enactment of this Act; or 

19 (2) any subsequent governing body elected in 

20 accordance with the election procedures specified in 

21 the governing documents of the Tribe. 

22 SEC. 106. RESERVATION OF THE TRIBE. 

23 (a) IN GENERAL.—On request of the Tribe, the Sec24 retary— 


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

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

4 and 

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

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

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

9 Henrico County, Virginia. 

10 (b) DEADLINE FOR DETERMINATION.—The Sec11 retary shall— 

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

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

14 final written determination regarding the request; 

15 and 

16 (2) immediately make that determination avail17 able to the Tribe. 

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

19 any land taken into trust for the benefit of the Tribe pur20 suant to this section shall be considered to be a part of 

21 the reservation of the Tribe. 

22 (d) GAMING.—The Tribe may not conduct gaming ac23 tivities— 

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

25 or 


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

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

3 seq.) (including any regulations promulgated pursu4 ant to that Act by the Secretary or the National In5 dian Gaming Commission). 

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

7 WATER RIGHTS. 

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

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

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

11 SEC. 108. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 

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

13 shall exercise jurisdiction over any criminal offense com14 mitted, and any civil actions arising, on land located with15 in the Commonwealth that is owned by, or held in trust 

16 by the United States for, the Tribe. 

17 (b) ACCEPTANCE OF COMMONWEALTH JURISDICTION

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

19 the United States, after consultation with the Attorney 

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

21 jurisdiction of the Commonwealth of Virginia described in 

22 subsection (a) on verification by the Secretary of a certifi23 cation by the Tribe that the Tribe possesses the capacity 

24 to reassume that jurisdiction. 


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1 (c) EFFECT OF SECTION.—Nothing in this section af2 fects the application of section 109 of the Indian Child 

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

4 TITLE II—CHICKAHOMINY IN5 DIAN TRIBE—EASTERN DIVI6 SION 

7 SEC. 201. FINDINGS. 

8 Congress finds that— 

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

10 along the Virginia coastline, the Chickahominy In11 dian Tribe was 1 of about 30 tribes that received 

12 them; 

13 (2) in 1614, the Chickahominy Indian Tribe en14 tered into a treaty with Sir Thomas Dale, Governor 

15 of the Jamestown Colony, under which— 

16 (A) the Chickahominy Indian Tribe agreed 

17 to provide 2 bushels of corn per man and send 

18 warriors to protect the English; and 

19 (B) Sir Thomas Dale agreed in return to 

20 allow the Tribe to continue to practice its own 

21 tribal governance; 

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

23 the Chickahominy from their homeland to the area 

24 around the York River in present-day King William 

25 County, leading to the formation of a reservation; 


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

2 Queen of Pamunkey signed the Treaty of Middle 

3 Plantation on behalf of the Chickahominy; 

4 (5) in 1702, the Chickahominy were forced 

5 from their reservation, which caused the loss of a 

6 land base; 

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

8 in Williamsburg established a grammar school for 

9 Indians called Brafferton College; 

10 (7) a Chickahominy child was 1 of the first In11 dians to attend Brafferton College; 

12 (8) in 1750, the Chickahominy Indian Tribe 

13 began to migrate from King William County back to 

14 the area around the Chickahominy River in New 

15 Kent and Charles City Counties; 

16 (9) in 1793, a Baptist missionary named 

17 Bradby took refuge with the Chickahominy and took 

18 a Chickahominy woman as his wife; 

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

20 modern-day Chickahominy Indian Tribe began to 

21 appear in the Charles City County census records; 

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

23 Indians in New Kent County that is believed to be 

24 the beginning of the Chickahominy Indian Tribe— 

25 Eastern Division; 


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1 (12) other records were destroyed when the 

2 New Kent County courthouse was burned, leaving a 

3 State census as the only record covering that period; 

4 (13) in 1901, the Chickahominy Indian Tribe 

5 formed Samaria Baptist Church; 

6 (14) from 1901 to 1935, Chickahominy men 

7 were assessed a tribal tax so that their children 

8 could receive an education; 

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

10 to build the first Samaria Indian School, buy sup11 plies, and pay a teacher’s salary; 

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

13 1 through 8 was established in New Kent County for 

14 the Chickahominy Indian Tribe—Eastern Division; 

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

16 the Chickahominy Indian Tribe—Eastern Division 

17 began forming a tribal government; 

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

19 was elected to be Chief; 

20 (19) in 1922, Tsena Commocko Baptist Church 

21 was organized; 

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

23 issued to the Chickahominy Indian Tribe—Eastern 

24 Division; 


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

2 Kent County was closed and students were bused to 

3 Samaria Indian School in Charles City County; 

4 (22) in 1967, the Chickahominy Indian Tribe 

5 and the Chickahominy Indian Tribe—Eastern Divi6 sion lost their schools as a result of the required in7 tegration of students; 

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

9 Tsena Commocko Baptist Church built a new sanc10 tuary to accommodate church growth; 

11 (24) in 1983 the Chickahominy Indian Tribe— 

12 Eastern Division was granted State recognition 

13 along with 5 other Virginia Indian tribes; 

14 (25) in 1985— 

15 (A) the Virginia Council on Indians was 

16 organized as a State agency; and 

17 (B) the Chickahominy Indian Tribe—East18 ern Division was granted a seat on the Council; 

19 (26) in 1988, a nonprofit organization known 

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

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

22 Eastern Band of the Chickahominy presently chairs 

23 the organization. 

24 SEC. 202. DEFINITIONS. 

25 In this title: 


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

2 the Secretary of the Interior. 

3 (2) TRIBAL MEMBER.—The term ‘‘tribal mem4 ber’’ means— 

5 (A) an individual who is an enrolled mem6 ber of the Tribe as of the date of enactment of 

7 this Act; and 

8 (B) an individual who has been placed on 

9 the membership rolls of the Tribe in accordance 

10 with this title. 

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

12 Chickahominy Indian Tribe—Eastern Division. 

13 SEC. 203. FEDERAL RECOGNITION. 

14 (a) FEDERAL RECOGNITION.— 

15 (1) IN GENERAL.—Federal recognition is ex16 tended to the Tribe. 

17 (2) APPLICABILITY OF LAWS.—All laws (includ18 ing regulations) of the United States of general ap19 plicability to Indians or nations, Indian tribes, or 

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

21 1934 (25 U.S.C. 461 et seq.)), that are not incon22 sistent with this title shall be applicable to the Tribe 

23 and tribal members. 

24 (b) FEDERAL SERVICES AND BENEFITS.— 


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1 (1) IN GENERAL.—On and after the date of en2 actment of this Act, the Tribe and tribal members 

3 shall be eligible for all future services and benefits 

4 provided by the Federal Government to federally rec5 ognized Indian tribes without regard to— 

6 (A) the existence of a reservation for the 

7 Tribe; or 

8 (B) the location of the residence of any 

9 tribal member on or near any Indian reserva10 tion. 

11 (2) SERVICE AREA.—For the purpose of the de12 livery of Federal services to tribal members, the 

13 service area of the Tribe shall be considered to be 

14 the area comprised of New Kent County, James City 

15 County, Charles City County, and Henrico County, 

16 Virginia. 

17 SEC. 204. MEMBERSHIP; GOVERNING DOCUMENTS. 

18 The membership roll and governing documents of the 

19 Tribe shall be the most recent membership roll and gov20 erning documents, respectively, submitted by the Tribe to 

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

22 SEC. 205. GOVERNING BODY. 

23 The governing body of the Tribe shall be— 

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

25 of the date of enactment of this Act; or 


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1 (2) any subsequent governing body elected in 

2 accordance with the election procedures specified in 

3 the governing documents of the Tribe. 

4 SEC. 206. RESERVATION OF THE TRIBE. 

5 (a) IN GENERAL.—On request of the Tribe, the Sec6 retary— 

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

8 Tribe any land held in fee by the Tribe that was ac9 quired by the Tribe on or before January 1, 2007; 

10 and 

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

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

13 is located within the boundaries of New Kent Coun14 ty, James City County, Charles City County, or 

15 Henrico County, Virginia. 

16 (b) DEADLINE FOR DETERMINATION.—The Sec17 retary shall— 

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

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

20 final written determination regarding the request; 

21 and 

22 (2) immediately make that determination avail23 able to the Tribe. 

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

25 any land taken into trust for the benefit of the Tribe purVerDate Mar 15 2010 18:50 Feb 18, 2011 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S379.IS S379

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1 suant to this section shall be considered to be a part of 

2 the reservation of the Tribe. 

3 (d) GAMING.—The Tribe may not conduct gaming ac4 tivities— 

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

6 or 

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

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

9 seq.) (including any regulations promulgated pursu10 ant to that Act by the Secretary or the National In11 dian Gaming Commission). 

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

13 WATER RIGHTS. 

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

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

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

17 SEC. 208. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 

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

19 shall exercise jurisdiction over any criminal offense com20 mitted, and any civil actions arising, on land located with21 in the Commonwealth that is owned by, or held in trust 

22 by the United States for, the Tribe. 

23 (b) ACCEPTANCE OF COMMONWEALTH JURISDICTION

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

25 the United States, after consultation with the Attorney 


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

2 jurisdiction of the Commonwealth of Virginia described in 

3 subsection (a) on verification by the Secretary of a certifi4 cation by the Tribe that the Tribe possesses the capacity 

5 to reassume that jurisdiction. 

6 (c) EFFECT OF SECTION.—Nothing in this section af7 fects the application of section 109 of the Indian Child 

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

9 TITLE III—UPPER MATTAPONI 

10 TRIBE 

11 SEC. 301. FINDINGS. 

12 Congress finds that— 

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

14 the Chickahominy Indian Tribes— 

15 (A) lived approximately 20 miles from 

16 Jamestown; and 

17 (B) were significantly involved in English18 Indian affairs; 

19 (2) Mattaponi Indians, who later joined the 

20 Chickahominy Indians, lived a greater distance from 

21 Jamestown; 

22 (3) in 1646, the Chickahominy Indians moved 

23 to Mattaponi River basin, away from the English; 


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1 (4) in 1661, the Chickahominy Indians sold 

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

3 Mattaponi River; 

4 (5) in 1669, the Chickahominy Indians— 

5 (A) appeared in the Virginia Colony’s cen6 sus of Indian bowmen; and 

7 (B) lived in ‘‘New Kent’’ County, which in8 cluded the Mattaponi River basin at that time; 

9 (6) in 1677, the Chickahominy and Mattaponi 

10 Indians were subjects of the Queen of Pamunkey, 

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

12 King of England; 

13 (7) in 1683, after a Mattaponi town was at14 tacked by Seneca Indians, the Mattaponi Indians 

15 took refuge with the Chickahominy Indians, and the 

16 history of the 2 groups was intertwined for many 

17 years thereafter; 

18 (8) in 1695, the Chickahominy and Mattaponi 

19 Indians— 

20 (A) were assigned a reservation by the Vir21 ginia Colony; and 

22 (B) traded land of the reservation for land 

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

24 the date of enactment of this Act, is the 


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1 Mattaponi Indian Reservation), which had been 

2 owned by the Mattaponi Indians before 1661; 

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

4 Indian School at the College of William and Mary; 

5 (10) in 1726, the Virginia Colony discontinued 

6 funding of interpreters for the Chickahominy and 

7 Mattaponi Indian Tribes; 

8 (11) James Adams, who served as an inter9 preter to the Indian tribes known as of the date of 

10 enactment of this Act as the ‘‘Upper Mattaponi In11 dian Tribe’’ and ‘‘Chickahominy Indian Tribe’’, 

12 elected to stay with the Upper Mattaponi Indians; 

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

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

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

16 the Commonwealth of Virginia, mentioned the 

17 Mattaponi Indians on a reservation in King William 

18 County and said that Chickahominy Indians were 

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

20 Pamunkey Indians; 

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

22 revealed a nucleus of approximately 10 families, all 

23 ancestral to modern Upper Mattaponi Indians, living 

24 in central King William County, Virginia, approxi25 mately 10 miles from the reservation; 


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

2 King William County marriage records listed Upper 

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

4 on the reservation; 

5 (16) during the period of 1884 through the 

6 present, county marriage records usually refer to 

7 Upper Mattaponis as ‘‘Indians’’; 

8 (17) in 1901, Smithsonian anthropologist 

9 James Mooney heard about the Upper Mattaponi In10 dians but did not visit them; 

11 (18) in 1928, University of Pennsylvania an12 thropologist Frank Speck published a book on mod13 ern Virginia Indians with a section on the Upper 

14 Mattaponis; 

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

16 the Upper Mattaponi Indians opposed the use of a 

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

18 census and won a compromise in which the Indian 

19 ancestry of the Upper Mattaponis was recorded but 

20 questioned; 

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

22 (A) the leadership of the Upper Mattaponi 

23 Indians, with the help of Frank Speck and oth24 ers, fought against the induction of young men 


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

2 Forces of the United States; and 

3 (B) a tribal roll for the Upper Mattaponi 

4 Indians was compiled; 

5 (21) from 1945 to 1946, negotiations took 

6 place to admit some of the young people of the 

7 Upper Mattaponi to high schools for Federal Indians 

8 (especially at Cherokee) because no high school 

9 coursework was available for Indians in Virginia 

10 schools; and 

11 (22) in 1983, the Upper Mattaponi Indians ap12 plied for and won State recognition as an Indian 

13 tribe. 

14 SEC. 302. 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 Upper Mattaponi Tribe. 

3 SEC. 303. 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 within 25 miles of the Sharon Indian 

5 School at 13383 King William Road, King William 

6 County, Virginia. 

7 SEC. 304. 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. 305. 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. 306. 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 King William 

4 County, Caroline County, Hanover County, King 

5 and Queen County, and New Kent County, 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 18:50 Feb 18, 2011 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S379.IS S379

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

3 SEC. 307. 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. 308. 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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1 TITLE IV—RAPPAHANNOCK 

2 TRIBE, INC. 

3 SEC. 401. FINDINGS. 

4 Congress finds that— 

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

6 colonists was chronicled by George Percy on May 5, 

7 1607, when the Rappahannock werowance, 

8 Pipiscumah or Pipisco, sent a messenger to Captain 

9 Christopher Newport bidding the English to come to 

10 him. 

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

12 Rappahanna’s town, he entertained us in good hu13 manity.’’; 

14 (C) the meeting took place approximately 10 

15 miles from Jamestown, at the principal town of the 

16 Rappahannocks on the James River, 

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

18 (D) Quioughcohanock was a part of the Pow19 hatan chiefdom as well as a later town named after 

20 the werowance, Pipisco; 

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

22 City County, which later became Surry County, Vir23 ginia; and 

24 (F) there are numerous interactions between 

25 those Rappahannock towns and the English recorded 


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1 in the Jamestown Narratives during the period of 

2 1607 through 1617; 

3 (2) during the initial months after Virginia was 

4 settled, the Rappahannock Indians had 2 encounters 

5 with Captain John Smith; 

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

7 when Powhatan held Smith captive (December 1607 

8 through January 8, 1608); 

9 (B) Smith was taken to the Rappahannock 

10 principal town on the Rappahannock River to see if 

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

12 into the Rappahannock River, killed their king and 

13 kidnaped their people; and 

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

15 to be that ‘‘great man’’; 

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

17 exploration of the Chesapeake Bay (July 1608 to 

18 September 1608), when, after the Moraughtacund 

19 Indians had stolen 3 women from the Rappahannock 

20 King, Smith was prevailed on to facilitate a peaceful 

21 truce between the Rappahannock and the 

22 Moraughtacund Indians; 

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

24 tribes meet on the spot of their first fight; 


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1 (6) when it was established that both groups 

2 wanted peace, Smith told the Rappahannock King to 

3 select which of the 3 stolen women he wanted; 

4 (7) the Moraughtacund King was given second 

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

6 Wighcocomoco (on the Potomac River) guide, was 

7 given the third woman; 

8 (8) in 1645, Captain William Claiborne tried 

9 unsuccessfully to establish treaty relations with the 

10 Rappahannocks, because the Rappahannock towns 

11 on the Rappahannock River had not participated in 

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

13 wanted to ‘‘treat with the Rappahannocks or any 

14 other Indians not in amity with Opechancanough, 

15 concerning serving the County against the 

16 Pamunkey’s’’; 

17 (9) in April 1651, the Rappahannocks conveyed 

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

19 Fauntleroy; 

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

21 Accopatough, weroance of the Rappahannock Indi22 ans; 

23 (11) in September 1653, Lancaster County 

24 signed a treaty with Rappahannock Indians, the 

25 terms of which treaty— 


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1 (A) gave Rappahannocks the rights of 

2 Englishmen in the county court; and 

3 (B) attempted to make the Rappahannocks 

4 more accountable under English law; 

5 (12) in September 1653, Lancaster County de6 fined and marked the bounds of its Indian settle7 ments; 

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

9 ‘‘the tribe called the great Rappahannocks lived on 

10 the Rappahannock Creek just across the river above 

11 Tappahannock’’; 

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

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

14 Act, is comprised of Richmond and Essex Counties, 

15 Virginia) signed a treaty with Rappahannock Indi16 ans that— 

17 (A) mirrored the Lancaster County treaty 

18 from 1653; and 

19 (B) stated that— 

20 (i) Rappahannocks were to be re21 warded, in Roanoke, for returning English 

22 fugitives; and 

23 (ii) the English encouraged the 

24 Rappahannocks to send their children to 

25 live among the English as servants, who 


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1 the English promised would be well-treat2 ed; 

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

4 1652 Act stating that ‘‘there be no grants of land 

5 to any Englishman whatsoever de futuro until the 

6 Indians be first served with the proportion of 50 

7 acres of land for each bowman’’; 

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

9 Virginia Indians; 

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

11 (A) the majority of the Rappahannocks 

12 were residing at their hunting village on the 

13 north side of the Mattaponi River; and 

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

15 were counting only the Indian tribes along the 

16 rivers, which explains why only 30 Rappahan17 nock bowmen were counted on that river; 

18 (18) the Rappahannocks used the hunting vil19 lage on the north side of the Mattaponi River as 

20 their primary residence until the Rappahannocks 

21 were removed in 1684; 

22 (19) in May 1677, the Treaty of Middle Planta23 tion was signed with England; 

24 (20) the Pamunkey Queen Cockacoeske signed 

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1 posed to be her tributaries’’, but before the treaty 

2 could be ratified, the Queen of Pamunkey com3 plained to the Virginia Colonial Council ‘‘that she 

4 was having trouble with Rappahannocks and 

5 Chickahominies, supposedly tributaries of hers’’; 

6 (21) in November 1682, the Virginia Colonial 

7 Council established a reservation for the Rappahan8 nock Indians of 3,474 acres ‘‘about the town where 

9 they dwelt’’, the land being located in (Old) New 

10 Kent County, which was later divided to include the 

11 modern counties of Caroline and King & Queen in 

12 Virginia; 

13 (22) the Rappahannock ‘‘town’’ was the hunt14 ing village on the north side of the Mattaponi River, 

15 where the Rappahannocks had lived throughout the 

16 1670s; 

17 (23) the acreage allotment of the reservation 

18 was based on the 1658 Indian Land Act, which 

19 translates into a bowman population of 70, or an ap20 proximate total Rappahannock population of 350; 

21 (24) in 1683, following raids by Iroquoian war22 riors on Indian and English settlements, the Vir23 ginia Colonial Council ordered the Rappahannocks 

24 to leave their reservation and unite with the 

25 Nanzatico Indians at Nanzatico Indian Town, which 


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1 was located across and up the Rappahannock River 

2 approximately 30 miles in King George County; 

3 (25) between 1687 and 1699, the 

4 Rappahannocks migrated out of Nanzatico, return5 ing to the south side of the Rappahannock River at 

6 Portobacco Indian Town; 

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

8 Lieutenant Richard Covington ‘‘escorted’’ the 

9 Portobaccos, Nanzaticos, and Rappahannocks out of 

10 Portabacco Indian Town, out of Essex County, and 

11 into King and Queen County, where those Indians 

12 settled along the ridgeline between the Rappahan13 nock and Mattaponi Rivers, the site of their ancient 

14 hunting village and 1682 reservation; and 

15 (B) that land encompassed the Newtown area 

16 on the King & Queen County side of the Mattaponi 

17 River and extended into Mangohick, on the King 

18 William County side of the Mattaponi River; 

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

20 were raised on Thomas Nelson’s Bleak Hill Planta21 tion in King William County; 

22 (28) of those girls— 

23 (A) 1 married a Saunders man; 

24 (B) 1 married a Johnson man; and 


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

2 Nelson, fathered by Thomas Cary Nelson; 

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

4 the Saunders and Johnson families as wedding gifts 

5 to the Rappahannock girls in King William County; 

6 and 

7 (B) in the 19th century, those Saunders, John8 son, and Nelson families were among the core Rap9 pahannock families from which the modern Rappa10 hannock Tribe traces its descent; 

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

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

13 and Carter Spurlock (all Rappahannock ancestors) 

14 were listed on the tax roles of King and Queen 

15 County and taxed at the county poor rate; 

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

17 in 1821; 

18 (32) those tax records are significant docu19 mentation because the great majority of pre-1864 

20 records for King and Queen County were destroyed 

21 by fire; 

22 (33) beginning in 1819, and continuing through 

23 the 1880s, there was a solid Rappahannock presence 

24 in the membership at Upper Essex Baptist Church; 


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

2 Christianity by at least some Rappahannock Indians; 

3 (35) while 26 identifiable and traceable Rappa4 hannock surnames appear on the pre-1863 member5 ship list, and 28 were listed on the 1863 member6 ship roster, the number of surnames listed had de7 clined to 12 in 1878 and had risen only slightly to 

8 14 by 1888; 

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

10 a Methodist circuit rider, Joseph Mastin, secured 

11 funds to purchase land and construct St. Stephens 

12 Baptist Church for the Rappahannocks living nearby 

13 in Caroline County; 

14 (37) Mastin referred to the Rappahannocks 

15 during the period of 1850 to 1870 as ‘‘Indians, hav16 ing a great need for moral and Christian guidance’’; 

17 (38) St. Stephens was the dominant tribal 

18 church until the Rappahannock Indian Baptist 

19 Church was established in 1964; 

20 (39) at both churches, the core Rappahannock 

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

22 Nelson, Parker, and Richardson predominate; 

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

24 noted anthropologist, maintained correspondence 

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1 structing them on how to formalize their tribal gov2 ernment; 

3 (41) in November 1920, Speck visited the 

4 Rappahannocks and assisted them in organizing the 

5 fight for their sovereign rights; 

6 (42) in 1921, the Rappahannocks were granted 

7 a charter from the Commonwealth of Virginia for8 malizing their tribal government; 

9 (43) Speck began a professional relationship 

10 with the Tribe that would last more than 30 years 

11 and document Rappahannock history and traditions 

12 as never before; 

13 (44) in April 1921, Rappahannock Chief 

14 George Nelson asked the Governor of Virginia, 

15 Westmoreland Davis, to forward a proclamation to 

16 the President of the United States, along with an 

17 appended list of tribal members and a handwritten 

18 copy of the proclamation itself; 

19 (45) the letter concerned Indian freedom of 

20 speech and assembly nationwide; 

21 (46) in 1922, the Rappahannocks established a 

22 formal school at Lloyds, Essex County, Virginia; 

23 (47) prior to establishment of the school, Rap24 pahannock children were taught by a tribal member 

25 in Central Point, Caroline County, Virginia; 


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1 (48) in December 1923, Rappahannock Chief 

2 George Nelson testified before Congress appealing 

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

4 school in Virginia; 

5 (49) in 1930, the Rappahannocks were engaged 

6 in an ongoing dispute with the Commonwealth of 

7 Virginia and the United States Census Bureau 

8 about their classification in the 1930 Federal cen9 sus; 

10 (50) in January 1930, Rappahannock Chief 

11 Otho S. Nelson wrote to Leon Truesdell, Chief Stat12 istician of the United States Census Bureau, asking 

13 that the 218 enrolled Rappahannocks be listed as 

14 Indians; 

15 (51) in February 1930, Truesdell replied to 

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

17 given about classifying Indians; 

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

19 Steuart at the Census Bureau asking about the enu20 merators’ failure to classify his people as Indians, 

21 saying that enumerators had not asked the question 

22 about race when they interviewed his people; 

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

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

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


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1 the race question was completely avoided during 

2 interviews; 

3 (54) the Rappahannocks had spoken with Caro4 line and Essex County enumerators, and with John 

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

6 (55) Nelson asked Truesdell to list people as 

7 Indians if he sent a list of members; 

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

9 who concluded that the Bureau’s rule was that peo10 ple of Indian descent could be classified as ‘‘Indian’’ 

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

12 identity was accepted in the local community; 

13 (57) the Virginia Vital Statistics Bureau 

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

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

16 for the Rappahannocks; 

17 (58) therefore, in 1925, the Indian Rights As18 sociation took on the Rappahannock case to assist 

19 the Rappahannocks in fighting for their recognition 

20 and rights as an Indian tribe; 

21 (59) during the Second World War, the 

22 Pamunkeys, Mattaponis, Chickahominies, and Rap23 pahannocks had to fight the draft boards with re24 spect to their racial identities; 


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1 (60) the Virginia Vital Statistics Bureau in2 sisted that certain Indian draftees be inducted into 

3 Negro units; 

4 (61) finally, 3 Rappahannocks who were con5 victed of violating the Federal draft laws because 

6 they refused to be inducted unless they could be 

7 classified as Indian, after spending time in a Federal 

8 prison, were granted conscientious objector status 

9 and served out the remainder of the war working in 

10 military hospitals; 

11 (62) 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, including the Rappahannocks; 

15 (63) in the 1940s, Leon Truesdell, Chief Stat16 istician, of the United States Census Bureau, listed 

17 118 members in the Rappahannock Tribe in the In18 dian population of Virginia; 

19 (64) on April 25, 1940, the Office of Indian Af20 fairs of the Department of the Interior included the 

21 Rappahannocks on a list of Indian tribes classified 

22 by State and by agency; 

23 (65) in 1948, the Smithsonian Institution An24 nual Report included an article by William Harlen 

25 Gilbert entitled, ‘‘Surviving Indian Groups of the 


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1 Eastern United States’’, which included and de2 scribed the Rappahannock Tribe; 

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

4 Rappahannocks operated a school at Indian Neck; 

5 (67) the Commonwealth agreed to pay a tribal 

6 teacher to teach 10 students bused by King and 

7 Queen County to Sharon Indian School in King Wil8 liam County, Virginia; 

9 (68) in 1965, Rappahannock students entered 

10 Marriott High School (a White public school) by ex11 ecutive order of the Governor of Virginia; 

12 (69) in 1972, the Rappahannocks worked with 

13 the Coalition of Eastern Native Americans to fight 

14 for Federal recognition; 

15 (70) in 1979, the Coalition established a pot16 tery and artisans company, operating with other Vir17 ginia tribes; 

18 (71) in 1980, the Rappahannocks received 

19 funding through the Administration for Native 

20 Americans of the Department of Health and Human 

21 Services to develop an economic program for the 

22 Tribe; and 

23 (72) in 1983, the Rappahannocks received 

24 State recognition as an Indian tribe. 


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1 SEC. 402. DEFINITIONS. 

2 In this title: 

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

4 the Secretary of the Interior. 

5 (2) TRIBAL MEMBER.—The term ‘‘tribal mem6 ber’’ means— 

7 (A) an individual who is an enrolled mem8 ber of the Tribe as of the date of enactment of 

9 this Act; and 

10 (B) an individual who has been placed on 

11 the membership rolls of the Tribe in accordance 

12 with this title. 

13 (3) TRIBE.— 

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

15 means the organization possessing the legal 

16 name Rappahannock Tribe, Inc. 

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

18 not include any other Indian tribe, subtribe, 

19 band, or splinter group the members of which 

20 represent themselves as Rappahannock Indians. 

21 SEC. 403. FEDERAL RECOGNITION. 

22 (a) FEDERAL RECOGNITION.— 

23 (1) IN GENERAL.—Federal recognition is ex24 tended to the Tribe. 

25 (2) APPLICABILITY OF LAWS.—All laws (includ26 ing regulations) of the United States of general apVerDate Mar 15 2010 18:50 Feb 18, 2011 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S379.IS S379

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1 plicability to Indians or nations, Indian tribes, or 

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

3 1934 (25 U.S.C. 461 et seq.)), that are not incon4 sistent with this title shall be applicable to the Tribe 

5 and tribal members. 

6 (b) FEDERAL SERVICES AND BENEFITS.— 

7 (1) IN GENERAL.—On and after the date of en8 actment of this Act, the Tribe and tribal members 

9 shall be eligible for all services and benefits provided 

10 by the Federal Government to federally recognized 

11 Indian tribes without regard to— 

12 (A) the existence of a reservation for the 

13 Tribe; or 

14 (B) the location of the residence of any 

15 tribal member on or near any Indian reserva16 tion. 

17 (2) SERVICE AREA.—For the purpose of the de18 livery of Federal services to tribal members, the 

19 service area of the Tribe shall be considered to be 

20 the area comprised of King and Queen County, 

21 Caroline County, Essex County, and King William 

22 County, Virginia. 

23 SEC. 404. MEMBERSHIP; GOVERNING DOCUMENTS. 

24 The membership roll and governing documents of the 

25 Tribe shall be the most recent membership roll and govVerDate Mar 15 2010 18:50 Feb 18, 2011 Jkt 099200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S379.IS S379

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1 erning documents, respectively, submitted by the Tribe to 

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

3 SEC. 405. GOVERNING BODY. 

4 The governing body of the Tribe shall be— 

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

6 of the date of enactment of this Act; or 

7 (2) any subsequent governing body elected in 

8 accordance with the election procedures specified in 

9 the governing documents of the Tribe. 

10 SEC. 406. RESERVATION OF THE TRIBE. 

11 (a) IN GENERAL.—On request of the Tribe, the Sec12 retary— 

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

14 Tribe any land held in fee by the Tribe that was ac15 quired by the Tribe on or before January 1, 2007; 

16 and 

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

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

19 is located within the boundaries of King and Queen 

20 County, Richmond County, Lancaster County, King 

21 George County, Essex County, Caroline County, 

22 New Kent County, King William County, and James 

23 City County, Virginia. 

24 (b) DEADLINE FOR DETERMINATION.—The Sec25 retary shall— 


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

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

3 final written determination regarding the request; 

4 and 

5 (2) immediately make that determination avail6 able to the Tribe. 

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

8 any land taken into trust for the benefit of the Tribe pur9 suant to this section shall be considered to be a part of 

10 the reservation of the Tribe. 

11 (d) GAMING.—The Tribe may not conduct gaming ac12 tivities— 

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

14 or 

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

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

17 seq.) (including any regulations promulgated pursu18 ant to that Act by the Secretary or the National In19 dian Gaming Commission). 

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

21 WATER RIGHTS. 

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

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

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


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1 SEC. 408. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 

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

3 shall exercise jurisdiction over any criminal offense com4 mitted, and any civil actions arising, on land located with5 in the Commonwealth that is owned by, or held in trust 

6 by the United States for, the Tribe. 

7 (b) ACCEPTANCE OF COMMONWEALTH JURISDICTION

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

9 the United States, after consultation with the Attorney 

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

11 jurisdiction of the Commonwealth of Virginia described in 

12 subsection (a) on verification by the Secretary of a certifi13 cation by the Tribe that the Tribe possesses the capacity 

14 to reassume that jurisdiction. 

15 (c) EFFECT OF SECTION.—Nothing in this section af16 fects the application of section 109 of the Indian Child 

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

18 TITLE V—MONACAN INDIAN 

19 NATION 

20 SEC. 501. FINDINGS. 

21 Congress finds that— 

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

23 Treaty of Middle Plantation between Charles II of 

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


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

2 Spotswood negotiated to save the Virginia Indians 

3 from extinction at the hands of the Iroquois; 

4 (3) specifically mentioned in the negotiations 

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

6 Saponi, Ocheneeches (Occaneechi), Stengenocks, and 

7 Meipontskys; 

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

9 Benjamin Evans and Robert Johns, both ancestors 

10 of the present Monacan community, listed as 

11 ‘‘white’’ with mulatto children; 

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

13 families; 

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

15 29 families, mostly large, with Monacan surnames, 

16 the members of which are genealogically related to 

17 the present community; 

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

19 Bear Mountain Indian Mission; 

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

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

22 the structure is listed as a landmark on the National 

23 Register of Historic Places; 

24 (9) in 1920, 304 Amherst Indians were identi25 fied in the United States census; 


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1 (10) from 1930 through 1931, numerous letters 

2 from Monacans to the Bureau of the Census re3 sulted from the decision of Dr. Walter Plecker, 

4 former head of the Bureau of Vital Statistics of the 

5 Commonwealth of Virginia, not to allow Indians to 

6 register as Indians for the 1930 census; 

7 (11) the Monacans eventually succeeded in 

8 being allowed to claim their race, albeit with an as9 terisk attached to a note from Dr. Plecker stating 

10 that there were no Indians in Virginia; 

11 (12) in 1947, D’Arcy McNickle, a Salish In12 dian, saw some of the children at the Amherst Mis13 sion and requested that the Cherokee Agency visit 

14 them because they appeared to be Indian; 

15 (13) that letter was forwarded to the Depart16 ment of the Interior, Office of Indian Affairs, Chi17 cago, Illinois; 

18 (14) Chief Jarrett Blythe of the Eastern Band 

19 of Cherokee did visit the Mission and wrote that he 

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

21 Cherokee school’’; 

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

23 Native Americans established the entity known as 

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

25 Mission; 


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1 (16) some important pieces were produced at 

2 Monacan Co-operative Pottery, including a piece 

3 that was sold to the Smithsonian Institution; 

4 (17) the Mattaponi-Pamunkey-Monacan Con5 sortium, established in 1981, has since been orga6 nized as a nonprofit corporation that serves as a ve7 hicle to obtain funds for those Indian tribes from the 

8 Department of Labor under Native American pro9 grams; 

10 (18) in 1989, the Monacan Tribe was recog11 nized by the Commonwealth of Virginia, which en12 abled the Tribe to apply for grants and participate 

13 in other programs; and 

14 (19) in 1993, the Monacan Tribe received tax15 exempt status as a nonprofit corporation from the 

16 Internal Revenue Service. 

17 SEC. 502. DEFINITIONS. 

18 In this title: 

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

20 the Secretary of the Interior. 

21 (2) TRIBAL MEMBER.—The term ‘‘tribal mem22 ber’’ means— 

23 (A) an individual who is an enrolled mem24 ber of the Tribe as of the date of enactment of 

25 this Act; and 


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1 (B) an individual who has been placed on 

2 the membership rolls of the Tribe in accordance 

3 with this title. 

4 (3) TRIBE.—The term ‘‘Tribe’’ means the Mon5 acan Indian Nation. 

6 SEC. 503. FEDERAL RECOGNITION. 

7 (a) FEDERAL RECOGNITION.— 

8 (1) IN GENERAL.—Federal recognition is ex9 tended to the Tribe. 

10 (2) APPLICABILITY OF LAWS.—All laws (includ11 ing regulations) of the United States of general ap12 plicability to Indians or nations, Indian tribes, or 

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

14 1934 (25 U.S.C. 461 et seq.)), that are not incon15 sistent with this title shall be applicable to the Tribe 

16 and tribal members. 

17 (b) FEDERAL SERVICES AND BENEFITS.— 

18 (1) IN GENERAL.—On and after the date of en19 actment of this Act, the Tribe and tribal members 

20 shall be eligible for all services and benefits provided 

21 by the Federal Government to federally recognized 

22 Indian tribes without regard to— 

23 (A) the existence of a reservation for the 

24 Tribe; or 


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1 (B) the location of the residence of any 

2 tribal member on or near any Indian reserva3 tion. 

4 (2) SERVICE AREA.—For the purpose of the de5 livery of Federal services to tribal members, the 

6 service area of the Tribe shall be considered to be 

7 the area comprised of all land within 25 miles from 

8 the center of Amherst, Virginia. 

9 SEC. 504. MEMBERSHIP; GOVERNING DOCUMENTS. 

10 The membership roll and governing documents of the 

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

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

14 SEC. 505. GOVERNING BODY. 

15 The governing body of the Tribe shall be— 

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

17 of the date of enactment of this Act; or 

18 (2) any subsequent governing body elected in 

19 accordance with the election procedures specified in 

20 the governing documents of the Tribe. 

21 SEC. 506. RESERVATION OF THE TRIBE. 

22 (a) IN GENERAL.—On request of the Tribe, the Sec23 retary— 

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

25 Tribe any land held in fee by the Tribe that was acVerDate Mar 15 2010 18:50 Feb 18, 2011 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S379.IS S379

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

2 if the land is located within the boundaries of Am3 herst County, Virginia; and 

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

5 Tribe— 

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

7 the land is located within the boundaries of 

8 Amherst County, Virginia; and 

9 (B) the parcels of land located in 

10 Rockbridge County, Virginia (subject to the 

11 consent of the local unit of government), owned 

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

13 Sandbridge (encompassing approximately 4.74 

14 acres) and East 731 (encompassing approxi15 mately 5.12 acres). 

16 (b) DEADLINE FOR DETERMINATION.—The Sec17 retary shall— 

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

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

20 a final written determination regarding the request; 

21 and 

22 (2) immediately make that determination avail23 able to the Tribe. 

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

25 any land taken into trust for the benefit of the Tribe purVerDate Mar 15 2010 18:50 Feb 18, 2011 Jkt 099200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S379.IS S379

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1 suant to this section shall be considered to be a part of 

2 the reservation of the Tribe. 

3 (d) GAMING.—The Tribe may not conduct gaming ac4 tivities— 

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

6 or 

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

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

9 seq.) (including any regulations promulgated pursu10 ant to that Act by the Secretary or the National In11 dian Gaming Commission). 

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

13 WATER RIGHTS. 

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

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

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

17 SEC. 508. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 

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

19 shall exercise jurisdiction over any criminal offense com20 mitted, and any civil actions arising, on land located with21 in the Commonwealth that is owned by, or held in trust 

22 by the United States for, the Tribe. 

23 (b) ACCEPTANCE OF COMMONWEALTH JURISDICTION

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

25 the United States, after consultation with the Attorney 


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•S 379 IS

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

2 jurisdiction of the Commonwealth of Virginia described in 

3 subsection (a) on verification by the Secretary of a certifi4 cation by the Tribe that the Tribe possesses the capacity 

5 to reassume that jurisdiction. 

6 (c) EFFECT OF SECTION.—Nothing in this section af7 fects the application of section 109 of the Indian Child 

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

9 TITLE VI—NANSEMOND INDIAN 

10 TRIBE 

11 SEC. 601. FINDINGS. 

12 Congress finds that— 

13 (1) from 1607 until 1646, Nansemond Indi14 ans— 

15 (A) lived approximately 30 miles from 

16 Jamestown; and 

17 (B) were significantly involved in English18 Indian affairs; 

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

20 Nansemonds in communication with each other, the 

21 Christianized Nansemonds in Norfolk County, who 

22 lived as citizens, and the traditionalist Nansemonds, 

23 who lived further west; 

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

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1 ily, a Norfolk County Englishman married a Nanse2 mond woman; 

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

4 all of members of the Nansemond Indian tribe alive 

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

6 of the traditionalist Nansemonds; 

7 (5) in 1669, the 2 Nansemond sections ap8 peared in Virginia Colony’s census of Indian bow9 men; 

10 (6) in 1677, Nansemond Indians were signato11 ries to the Treaty of 1677 with the King of Eng12 land; 

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

14 other Virginia Indian tribes were prevented by Vir15 ginia Colony from making a separate peace with the 

16 Iroquois; 

17 (8) Virginia represented those Indian tribes in 

18 the final Treaty of Albany, 1722; 

19 (9) in 1711, a Nansemond boy attended the In20 dian School at the College of William and Mary; 

21 (10) in 1727, Norfolk County granted William 

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

23 clearing swamp land and bearing arms (which privi24 leges were forbidden to other non-Whites) because of 

25 their Nansemond ancestry, which meant that Bass 


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1 and his kinsmen were original inhabitants of that 

2 land; 

3 (11) in 1742, Norfolk County issued a certifi4 cate of Nansemond descent to William Bass; 

5 (12) from the 1740s to the 1790s, the tradi6 tionalist section of the Nansemond tribe, 40 miles 

7 west of the Christianized Nansemonds, was dealing 

8 with reservation land; 

9 (13) the last surviving members of that section 

10 sold out in 1792 with the permission of the Com11 monwealth of Virginia; 

12 (14) in 1797, Norfolk County issued a certifi13 cate stating that William Bass was of Indian and 

14 English descent, and that his Indian line of ancestry 

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

16 a traditionalist section of Nansemonds on the res17 ervation; 

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

19 people of European and Indian descent to obtain a 

20 special certificate of ancestry; 

21 (16) the law originated from the county in 

22 which Nansemonds lived, and mostly Nansemonds, 

23 with a few people from other counties, took advan24 tage of the new law; 


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1 (17) a Methodist mission established around 

2 1850 for Nansemonds is currently a standard Meth3 odist congregation with Nansemond members; 

4 (18) in 1901, Smithsonian anthropologist 

5 James Mooney— 

6 (A) visited the Nansemonds; and 

7 (B) completed a tribal census that counted 

8 61 households and was later published; 

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

10 Indian school in the segregated school system of 

11 Norfolk County; 

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

13 (21) in 1928, University of Pennsylvania an14 thropologist Frank Speck published a book on mod15 ern Virginia Indians that included a section on the 

16 Nansemonds; and 

17 (22) the Nansemonds were organized formally, 

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

19 and received State recognition. 

20 SEC. 602. DEFINITIONS. 

21 In this title: 

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

23 the Secretary of the Interior. 

24 (2) TRIBAL MEMBER.—The term ‘‘tribal mem25 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 Nansemond Indian Tribe. 

9 SEC. 603. 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 comprised of the cities of Chesapeake, 

10 Hampton, Newport News, Norfolk, Portsmouth, Suf11 folk, and Virginia Beach, Virginia. 

12 SEC. 604. 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. 605. 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. 606. 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 the city of Suf11 folk, the city of Chesapeake, or Isle of Wight Coun12 ty, 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. 607. 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. 608. 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). 

Æ 


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