II 

111TH CONGRESS 

1ST SESSION S. 1178 

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 

JUNE 3, 2009 

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 2009’’. 


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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 State 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 State 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 State 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 State 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 State 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 State 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 STATE OF VIRGINIA. 

12 (a) IN GENERAL.—The State of Virginia shall exer13 cise jurisdiction over any criminal offense committed, and 

14 any civil actions arising, on land located within the State 

15 that is owned by, or held in trust by the United States 

16 for, the Tribe. 

17 (b) ACCEPTANCE OF STATE JURISDICTION BY SEC18 RETARY.—The Secretary may accept on behalf of the 

19 United States, after consultation with the Attorney Gen20 eral of the United States, all or any portion of the jurisdic21 tion of the State of Virginia described in subsection (a) 

22 on verification by the Secretary of a certification by the 

23 Tribe that the Tribe possesses the capacity to reassume 

24 that jurisdiction. 


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

4 SEC. 201. FINDINGS. 

5 Congress finds that— 

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

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

9 them; 

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

12 of the Jamestown Colony, under which— 

13 (A) the Chickahominy Indian Tribe agreed 

14 to provide 2 bushels of corn per man and send 

15 warriors to protect the English; and 

16 (B) Sir Thomas Dale agreed in return to 

17 allow the Tribe to continue to practice its own 

18 tribal governance; 

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

20 the Chickahominy from their homeland to the area 

21 around the York River in present-day King William 

22 County, leading to the formation of a reservation; 

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

24 Queen of Pamunkey signed the Treaty of Middle 

25 Plantation on behalf of the Chickahominy; 


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1 (5) in 1702, the Chickahominy were forced 

2 from their reservation, which caused the loss of a 

3 land base; 

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

5 in Williamsburg established a grammar school for 

6 Indians called Brafferton College; 

7 (7) a Chickahominy child was 1 of the first In8 dians to attend Brafferton College; 

9 (8) in 1750, the Chickahominy Indian Tribe 

10 began to migrate from King William County back to 

11 the area around the Chickahominy River in New 

12 Kent and Charles City Counties; 

13 (9) in 1793, a Baptist missionary named 

14 Bradby took refuge with the Chickahominy and took 

15 a Chickahominy woman as his wife; 

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

17 modern-day Chickahominy Indian Tribe began to 

18 appear in the Charles City County census records; 

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

20 Indians in New Kent County that is believed to be 

21 the beginning of the Chickahominy Indian Tribe— 

22 Eastern Division; 

23 (12) other records were destroyed when the 

24 New Kent County courthouse was burned, leaving a 

25 State census as the only record covering that period; 


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1 (13) in 1901, the Chickahominy Indian Tribe 

2 formed Samaria Baptist Church; 

3 (14) from 1901 to 1935, Chickahominy men 

4 were assessed a tribal tax so that their children 

5 could receive an education; 

6 (15) 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 (16) in 1910, a 1-room school covering grades 

10 1 through 8 was established in New Kent County for 

11 the Chickahominy Indian Tribe—Eastern Division; 

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

13 the Chickahominy Indian Tribe—Eastern Division 

14 began forming a tribal government; 

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

16 was elected to be Chief; 

17 (19) in 1922, Tsena Commocko Baptist Church 

18 was organized; 

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

20 issued to the Chickahominy Indian Tribe—Eastern 

21 Division; 

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

23 Kent County was closed and students were bused to 

24 Samaria Indian School in Charles City County; 


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1 (22) in 1967, the Chickahominy Indian Tribe 

2 and the Chickahominy Indian Tribe—Eastern Divi3 sion lost their schools as a result of the required in4 tegration of students; 

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

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

8 (24) in 1983 the Chickahominy Indian Tribe— 

9 Eastern Division was granted State recognition 

10 along with 5 other Virginia Indian tribes; 

11 (25) in 1985— 

12 (A) the Virginia Council on Indians was 

13 organized as a State agency; and 

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

16 (26) in 1988, a nonprofit organization known 

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

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

19 Eastern Band of the Chickahominy presently chairs 

20 the organization. 

21 SEC. 202. DEFINITIONS. 

22 In this title: 

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

24 the Secretary of the Interior. 


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

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

5 this Act; and 

6 (B) an individual who has been placed on 

7 the membership rolls of the Tribe in accordance 

8 with this title. 

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

10 Chickahominy Indian Tribe—Eastern Division. 

11 SEC. 203. FEDERAL RECOGNITION. 

12 (a) FEDERAL RECOGNITION.— 

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

15 (2) APPLICABILITY OF LAWS.—All laws (includ16 ing regulations) of the United States of general 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 future services and benefits 


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1 provided by the Federal Government to federally rec2 ognized 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. 204. 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. 205. 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. 206. 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. 207. 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. 208. JURISDICTION OF STATE OF VIRGINIA. 

14 (a) IN GENERAL.—The State of Virginia shall exer15 cise jurisdiction over any criminal offense committed, and 

16 any civil actions arising, on land located within the State 

17 that is owned by, or held in trust by the United States 

18 for, the Tribe. 

19 (b) ACCEPTANCE OF STATE JURISDICTION BY SEC20 RETARY.—The Secretary may accept on behalf of the 

21 United States, after consultation with the Attorney Gen22 eral of the United States, all or any portion of the jurisdic23 tion of the State of Virginia described in subsection (a) 

24 on verification by the Secretary of a certification by the 


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1 Tribe that the Tribe possesses the capacity to reassume 

2 that jurisdiction. 

3 TITLE III—UPPER MATTAPONI 

4 TRIBE 

5 SEC. 301. FINDINGS. 

6 Congress finds that— 

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

8 the Chickahominy Indian Tribes— 

9 (A) lived approximately 20 miles from 

10 Jamestown; and 

11 (B) were significantly involved in English12 Indian affairs; 

13 (2) Mattaponi Indians, who later joined the 

14 Chickahominy Indians, lived a greater distance from 

15 Jamestown; 

16 (3) in 1646, the Chickahominy Indians moved 

17 to Mattaponi River basin, away from the English; 

18 (4) in 1661, the Chickahominy Indians sold 

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

20 Mattaponi River; 

21 (5) in 1669, the Chickahominy Indians— 

22 (A) appeared in the Virginia Colony’s cen23 sus of Indian bowmen; and 

24 (B) lived in ‘‘New Kent’’ County, which in25 cluded the Mattaponi River basin at that time; 


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1 (6) in 1677, the Chickahominy and Mattaponi 

2 Indians were subjects of the Queen of Pamunkey, 

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

4 King of England; 

5 (7) in 1683, after a Mattaponi town was at6 tacked by Seneca Indians, the Mattaponi Indians 

7 took refuge with the Chickahominy Indians, and the 

8 history of the 2 groups was intertwined for many 

9 years thereafter; 

10 (8) in 1695, the Chickahominy and Mattaponi 

11 Indians— 

12 (A) were assigned a reservation by the Vir13 ginia Colony; and 

14 (B) traded land of the reservation for land 

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

16 the date of enactment of this Act, is the 

17 Mattaponi Indian Reservation), which had been 

18 owned by the Mattaponi Indians before 1661; 

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

20 Indian School at the College of William and Mary; 

21 (10) in 1726, the Virginia Colony discontinued 

22 funding of interpreters for the Chickahominy and 

23 Mattaponi Indian Tribes; 

24 (11) James Adams, who served as an inter25 preter to the Indian tribes known as of the date of 


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1 enactment of this Act as the ‘‘Upper Mattaponi In2 dian Tribe’’ and ‘‘Chickahominy Indian Tribe’’, 

3 elected to stay with the Upper Mattaponi Indians; 

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

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

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

7 the Commonwealth of Virginia, mentioned the 

8 Mattaponi Indians on a reservation in King William 

9 County and said that Chickahominy Indians were 

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

11 Pamunkey Indians; 

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

13 revealed a nucleus of approximately 10 families, all 

14 ancestral to modern Upper Mattaponi Indians, living 

15 in central King William County, Virginia, approxi16 mately 10 miles from the reservation; 

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

18 King William County marriage records listed Upper 

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

20 on the reservation; 

21 (16) during the period of 1884 through the 

22 present, county marriage records usually refer to 

23 Upper Mattaponis as ‘‘Indians’’; 


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1 (17) in 1901, Smithsonian anthropologist 

2 James Mooney heard about the Upper Mattaponi In3 dians but did not visit them; 

4 (18) in 1928, University of Pennsylvania an5 thropologist Frank Speck published a book on mod6 ern Virginia Indians with a section on the Upper 

7 Mattaponis; 

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

9 the Upper Mattaponi Indians opposed the use of a 

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

11 census and won a compromise in which the Indian 

12 ancestry of the Upper Mattaponis was recorded but 

13 questioned; 

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

15 (A) the leadership of the Upper Mattaponi 

16 Indians, with the help of Frank Speck and oth17 ers, fought against the induction of young men 

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

19 Forces of the United States; and 

20 (B) a tribal roll for the Upper Mattaponi 

21 Indians was compiled; 

22 (21) from 1945 to 1946, negotiations took 

23 place to admit some of the young people of the 

24 Upper Mattaponi to high schools for Federal Indians 

25 (especially at Cherokee) because no high school 


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1 coursework was available for Indians in Virginia 

2 schools; and 

3 (22) in 1983, the Upper Mattaponi Indians ap4 plied for and won State recognition as an Indian 

5 tribe. 

6 SEC. 302. DEFINITIONS. 

7 In this title: 

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

9 the Secretary of the Interior. 

10 (2) TRIBAL MEMBER.—The term ‘‘tribal mem11 ber’’ means— 

12 (A) an individual who is an enrolled mem13 ber of the Tribe as of the date of enactment of 

14 this Act; and 

15 (B) an individual who has been placed on 

16 the membership rolls of the Tribe in accordance 

17 with this title. 

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

19 Upper Mattaponi Tribe. 

20 SEC. 303. FEDERAL RECOGNITION. 

21 (a) FEDERAL RECOGNITION.— 

22 (1) IN GENERAL.—Federal recognition is ex23 tended to the Tribe. 

24 (2) APPLICABILITY OF LAWS.—All laws (includ25 ing regulations) of the United States of general apVerDate Nov 24 2008 02:46 Jun 04, 2009 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1178.IS S1178

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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 within 25 miles of the Sharon Indian 

21 School at 13383 King William Road, King William 

22 County, Virginia. 

23 SEC. 304. MEMBERSHIP; GOVERNING DOCUMENTS. 

24 The membership roll and governing documents of the 

25 Tribe shall be the most recent membership roll and govVerDate Nov 24 2008 04:38 Jun 04, 2009 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1178.IS S1178

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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. 305. 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. 306. 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 William 

20 County, Caroline County, Hanover County, King 

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

22 (b) DEADLINE FOR DETERMINATION.—The Sec23 retary shall— 

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

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


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1 final written determination regarding the request; 

2 and 

3 (2) immediately make that determination avail4 able to the Tribe. 

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

6 any land taken into trust for the benefit of the Tribe pur7 suant to this section shall be considered to be a part of 

8 the reservation of the Tribe. 

9 (d) GAMING.—The Tribe may not conduct gaming ac10 tivities— 

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

12 or 

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

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

15 seq.) (including any regulations promulgated pursu16 ant to that Act by the Secretary or the National In17 dian Gaming Commission). 

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

19 WATER RIGHTS. 

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

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

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

23 SEC. 308. JURISDICTION OF STATE OF VIRGINIA. 

24 (a) IN GENERAL.—The State of Virginia shall exer25 cise jurisdiction over any criminal offense committed, and 


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1 any civil actions arising, on land located within the State 

2 that is owned by, or held in trust by the United States 

3 for, the Tribe. 

4 (b) ACCEPTANCE OF STATE JURISDICTION BY SEC5 RETARY.—The Secretary may accept on behalf of the 

6 United States, after consultation with the Attorney Gen7 eral of the United States, all or any portion of the jurisdic8 tion of the State of Virginia described in subsection (a) 

9 on verification by the Secretary of a certification by the 

10 Tribe that the Tribe possesses the capacity to reassume 

11 that jurisdiction. 

12 TITLE IV—RAPPAHANNOCK 

13 TRIBE, INC. 

14 SEC. 401. FINDINGS. 

15 Congress finds that— 

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

17 colonists was chronicled by George Percy on May 5, 

18 1607, when the Rappahannock werowance, 

19 Pipiscumah or Pipisco, sent a messenger to Captain 

20 Christopher Newport bidding the English to come to 

21 him. 

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

23 Rappahanna’s town, he entertained us in good hu24 manity.’’; 


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1 (C) the meeting took place approximately 10 

2 miles from Jamestown, at the principal town of the 

3 Rappahannocks on the James River, 

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

5 (D) Quioughcohanock was a part of the Pow6 hatan chiefdom as well as a later town named after 

7 the werowance, Pipisco; 

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

9 City County, which later became Surry County, Vir10 ginia; and 

11 (F) there are numerous interactions between 

12 those Rappahannock towns and the English recorded 

13 in the Jamestown Narratives during the period of 

14 1607 through 1617; 

15 (2) during the initial months after Virginia was 

16 settled, the Rappahannock Indians had 2 encounters 

17 with Captain John Smith; 

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

19 when Powhatan held Smith captive (December 1607 

20 through January 8, 1608); 

21 (B) Smith was taken to the Rappahannock 

22 principal town on the Rappahannock River to see if 

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

24 into the Rappahannock River, killed their king and 

25 kidnaped their people; and 


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

2 to be that ‘‘great man’’; 

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

4 exploration of the Chesapeake Bay (July 1608 to 

5 September 1608), when, after the Moraughtacund 

6 Indians had stolen 3 women from the Rappahannock 

7 King, Smith was prevailed on to facilitate a peaceful 

8 truce between the Rappahannock and the 

9 Moraughtacund Indians; 

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

11 tribes meet on the spot of their first fight; 

12 (6) when it was established that both groups 

13 wanted peace, Smith told the Rappahannock King to 

14 select which of the 3 stolen women he wanted; 

15 (7) the Moraughtacund King was given second 

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

17 Wighcocomoco (on the Potomac River) guide, was 

18 given the third woman; 

19 (8) in 1645, Captain William Claiborne tried 

20 unsuccessfully to establish treaty relations with the 

21 Rappahannocks, because the Rappahannock towns 

22 on the Rappahannock River had not participated in 

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

24 wanted to ‘‘treat with the Rappahannocks or any 

25 other Indians not in amity with Opechancanough, 


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1 concerning serving the County against the 

2 Pamunkey’s’’; 

3 (9) in April 1651, the Rappahannocks conveyed 

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

5 Fauntleroy; 

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

7 Accopatough, weroance of the Rappahannock Indi8 ans; 

9 (11) in September 1653, Lancaster County 

10 signed a treaty with Rappahannock Indians, the 

11 terms of which treaty— 

12 (A) gave Rappahannocks the rights of 

13 Englishmen in the county court; and 

14 (B) attempted to make the Rappahannocks 

15 more accountable under English law; 

16 (12) in September 1653, Lancaster County de17 fined and marked the bounds of its Indian settle18 ments; 

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

20 ‘‘the tribe called the great Rappahannocks lived on 

21 the Rappahannock Creek just across the river above 

22 Tappahannock’’; 

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

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

25 Act, is comprised of Richmond and Essex Counties, 


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1 Virginia) signed a treaty with Rappahannock Indi2 ans that— 

3 (A) mirrored the Lancaster County treaty 

4 from 1653; and 

5 (B) stated that— 

6 (i) Rappahannocks were to be re7 warded, in Roanoke, for returning English 

8 fugitives; and 

9 (ii) the English encouraged the 

10 Rappahannocks to send their children to 

11 live among the English as servants, who 

12 the English promised would be well-treat13 ed; 

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

15 1652 Act stating that ‘‘there be no grants of land 

16 to any Englishman whatsoever de futuro until the 

17 Indians be first served with the proportion of 50 

18 acres of land for each bowman’’; 

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

20 Virginia Indians; 

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

22 (A) the majority of the Rappahannocks 

23 were residing at their hunting village on the 

24 north side of the Mattaponi River; and 


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

2 were counting only the Indian tribes along the 

3 rivers, which explains why only 30 Rappahan4 nock bowmen were counted on that river; 

5 (18) the Rappahannocks used the hunting vil6 lage on the north side of the Mattaponi River as 

7 their primary residence until the Rappahannocks 

8 were removed in 1684; 

9 (19) in May 1677, the Treaty of Middle Planta10 tion was signed with England; 

11 (20) the Pamunkey Queen Cockacoeske signed 

12 on behalf of the Rappahannocks, ‘‘who were sup13 posed to be her tributaries’’, but before the treaty 

14 could be ratified, the Queen of Pamunkey com15 plained to the Virginia Colonial Council ‘‘that she 

16 was having trouble with Rappahannocks and 

17 Chickahominies, supposedly tributaries of hers’’; 

18 (21) in November 1682, the Virginia Colonial 

19 Council established a reservation for the Rappahan20 nock Indians of 3,474 acres ‘‘about the town where 

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

22 Kent County, which was later divided to include the 

23 modern counties of Caroline and King & Queen in 

24 Virginia; 


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1 (22) the Rappahannock ‘‘town’’ was the hunt2 ing village on the north side of the Mattaponi River, 

3 where the Rappahannocks had lived throughout the 

4 1670s; 

5 (23) the acreage allotment of the reservation 

6 was based on the 1658 Indian land act, which trans7 lates into a bowman population of 70, or an approxi8 mate total Rappahannock population of 350; 

9 (24) in 1683, following raids by Iroquoian war10 riors on Indian and English settlements, the Vir11 ginia Colonial Council ordered the Rappahannocks 

12 to leave their reservation and unite with the 

13 Nanzatico Indians at Nanzatico Indian Town, which 

14 was located across and up the Rappahannock River 

15 approximately 30 miles in King George County; 

16 (25) between 1687 and 1699, the 

17 Rappahannocks migrated out of Nanzatico, return18 ing to the south side of the Rappahannock River at 

19 Portobacco Indian Town; 

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

21 Lieutenant Richard Covington ‘‘escorted’’ the 

22 Portobaccos, Nanzaticos, and Rappahannocks out of 

23 Portabacco Indian Town, out of Essex County, and 

24 into King and Queen County, where those Indians 

25 settled along the ridgeline between the RappahanVerDate Nov 24 2008 02:46 Jun 04, 2009 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1178.IS S1178

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1 nock and Mattaponi Rivers, the site of their ancient 

2 hunting village and 1682 reservation; and 

3 (B) that land encompassed the Newtown area 

4 on the King & Queen County side of the Mattaponi 

5 River and extended into Mangohick, on the King 

6 William County side of the Mattaponi River; 

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

8 were raised on Thomas Nelson’s Bleak Hill Planta9 tion in King William County; 

10 (28) of those girls— 

11 (A) 1 married a Saunders man; 

12 (B) 1 married a Johnson man; and 

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

14 Nelson, fathered by Thomas Cary Nelson; 

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

16 the Saunders and Johnson families as wedding gifts 

17 to the Rappahannock girls in King William County; 

18 and 

19 (B) in the 19th century, those Saunders, John20 son, and Nelson families were among the core Rap21 pahannock families from which the modern Rappa22 hannock Tribe traces its descent; 

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

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

25 and Carter Spurlock (all Rappahannock ancestors) 


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1 were listed on the tax roles of King and Queen 

2 County and taxed at the county poor rate; 

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

4 in 1821; 

5 (32) those tax records are significant docu6 mentation because the great majority of pre-1864 

7 records for King and Queen County were destroyed 

8 by fire; 

9 (33) beginning in 1819, and continuing through 

10 the 1880s, there was a solid Rappahannock presence 

11 in the membership at Upper Essex Baptist Church; 

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

13 Christianity by at least some Rappahannock Indians; 

14 (35) while 26 identifiable and traceable Rappa15 hannock surnames appear on the pre-1863 member16 ship list, and 28 were listed on the 1863 member17 ship roster, the number of surnames listed had de18 clined to 12 in 1878 and had risen only slightly to 

19 14 by 1888; 

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

21 a Methodist circuit rider, Joseph Mastin, secured 

22 funds to purchase land and construct St. Stephens 

23 Baptist Church for the Rappahannocks living nearby 

24 in Caroline County; 


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1 (37) Mastin referred to the Rappahannocks 

2 during the period of 1850 to 1870 as ‘‘Indians, hav3 ing a great need for moral and Christian guidance’’; 

4 (38) St. Stephens was the dominant tribal 

5 church until the Rappahannock Indian Baptist 

6 Church was established in 1964; 

7 (39) at both churches, the core Rappahannock 

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

9 Nelson, Parker, and Richardson predominate; 

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

11 noted anthropologist, maintained correspondence 

12 with the Rappahannocks, surveying them and in13 structing them on how to formalize their tribal gov14 ernment; 

15 (41) in November 1920, Speck visited the 

16 Rappahannocks and assisted them in organizing the 

17 fight for their sovereign rights; 

18 (42) in 1921, the Rappahannocks were granted 

19 a charter from the Commonwealth of Virginia for20 malizing their tribal government; 

21 (43) Speck began a professional relationship 

22 with the Tribe that would last more than 30 years 

23 and document Rappahannock history and traditions 

24 as never before; 


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1 (44) in April 1921, Rappahannock Chief 

2 George Nelson asked the Governor of Virginia, 

3 Westmoreland Davis, to forward a proclamation to 

4 the President of the United States, along with an 

5 appended list of tribal members and a handwritten 

6 copy of the proclamation itself; 

7 (45) the letter concerned Indian freedom of 

8 speech and assembly nationwide; 

9 (46) in 1922, the Rappahannocks established a 

10 formal school at Lloyds, Essex County, Virginia; 

11 (47) prior to establishment of the school, Rap12 pahannock children were taught by a tribal member 

13 in Central Point, Caroline County, Virginia; 

14 (48) in December 1923, Rappahannock Chief 

15 George Nelson testified before Congress appealing 

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

17 school in Virginia; 

18 (49) in 1930, the Rappahannocks were engaged 

19 in an ongoing dispute with the Commonwealth of 

20 Virginia and the United States Census Bureau 

21 about their classification in the 1930 Federal cen22 sus; 

23 (50) in January 1930, Rappahannock Chief 

24 Otho S. Nelson wrote to Leon Truesdell, Chief Stat25 istician of the United States Census Bureau, asking 


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1 that the 218 enrolled Rappahannocks be listed as 

2 Indians; 

3 (51) in February 1930, Truesdell replied to 

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

5 given about classifying Indians; 

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

7 Steuart at the Census Bureau asking about the enu8 merators’ failure to classify his people as Indians, 

9 saying that enumerators had not asked the question 

10 about race when they interviewed his people; 

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

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

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

14 the race question was completely avoided during 

15 interviews; 

16 (54) the Rappahannocks had spoken with Caro17 line and Essex County enumerators, and with John 

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

19 (55) Nelson asked Truesdell to list people as 

20 Indians if he sent a list of members; 

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

22 who concluded that the Bureau’s rule was that peo23 ple of Indian descent could be classified as ‘‘Indian’’ 

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

25 identity was accepted in the local community; 


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1 (57) the Virginia Vital Statistics Bureau 

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

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

4 for the Rappahannocks; 

5 (58) therefore, in 1925, the Indian Rights As6 sociation took on the Rappahannock case to assist 

7 the Rappahannocks in fighting for their recognition 

8 and rights as an Indian tribe; 

9 (59) during the Second World War, the 

10 Pamunkeys, Mattaponis, Chickahominies, and Rap11 pahannocks had to fight the draft boards with re12 spect to their racial identities; 

13 (60) the Virginia Vital Statistics Bureau in14 sisted that certain Indian draftees be inducted into 

15 Negro units; 

16 (61) finally, 3 Rappahannocks who were con17 victed of violating the Federal draft laws because 

18 they refused to be inducted unless they could be 

19 classified as Indian, after spending time in a Federal 

20 prison, were granted conscientious objector status 

21 and served out the remainder of the war working in 

22 military hospitals; 

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

24 were approximately 25 communities of Indians left 


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1 in the Eastern United States that were entitled to 

2 Indian classification, including the Rappahannocks; 

3 (63) in the 1940s, Leon Truesdell, Chief Stat4 istician, of the United States Census Bureau, listed 

5 118 members in the Rappahannock Tribe in the In6 dian population of Virginia; 

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

9 Rappahannocks on a list of Indian tribes classified 

10 by State and by agency; 

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

13 Gilbert entitled, ‘‘Surviving Indian Groups of the 

14 Eastern United States’’, which included and de15 scribed the Rappahannock Tribe; 

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

17 Rappahannocks operated a school at Indian Neck; 

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

19 teach 10 students bused by King and Queen County 

20 to Sharon Indian School in King William County, 

21 Virginia; 

22 (68) in 1965, Rappahannock students entered 

23 Marriott High School (a white public school) by ex24 ecutive order of the Governor of Virginia; 


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1 (69) in 1972, the Rappahannocks worked with 

2 the Coalition of Eastern Native Americans to fight 

3 for Federal recognition; 

4 (70) in 1979, the Coalition established a pot5 tery and artisans company, operating with other Vir6 ginia tribes; 

7 (71) in 1980, the Rappahannocks received 

8 funding through the Administration for Native 

9 Americans of the Department of Health and Human 

10 Services to develop an economic program for the 

11 Tribe; and 

12 (72) in 1983, the Rappahannocks received 

13 State recognition as an Indian tribe. 

14 SEC. 402. 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.— 

2 (A) IN GENERAL.—The term ‘‘Tribe’’ 

3 means the organization possessing the legal 

4 name Rappahannock Tribe, Inc. 

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

6 not include any other Indian tribe, subtribe, 

7 band, or splinter group the members of which 

8 represent themselves as Rappahannock Indians. 

9 SEC. 403. 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 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, Spotsylvania County, Richmond County, 

12 Lancaster County, King George County, Essex 

13 County, Caroline County, New Kent County, King 

14 William County, James City County, and Surry 

15 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 Nov 24 2008 02:46 Jun 04, 2009 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1178.IS S1178

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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. 407. 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. 408. JURISDICTION OF STATE OF VIRGINIA. 

18 (a) IN GENERAL.—The State of Virginia shall exer19 cise jurisdiction over any criminal offense committed, and 

20 any civil actions arising, on land located within the State 

21 that is owned by, or held in trust by the United States 

22 for, the Tribe. 

23 (b) ACCEPTANCE OF STATE JURISDICTION BY SEC24 RETARY.—The Secretary may accept on behalf of the 

25 United States, after consultation with the Attorney GenVerDate Nov 24 2008 02:46 Jun 04, 2009 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S1178.IS S1178

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1 eral of the United States, all or any portion of the jurisdic2 tion of the State of Virginia described in subsection (a) 

3 on verification by the Secretary of a certification by the 

4 Tribe that the Tribe possesses the capacity to reassume 

5 that jurisdiction. 

6 TITLE V—MONACAN INDIAN 

7 NATION 

8 SEC. 501. FINDINGS. 

9 Congress finds that— 

10 (1) In 1677, the Monacan Tribe signed the 

11 Treaty of Middle Plantation between Charles II of 

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

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

14 Spotswood negotiated to save the Virginia Indians 

15 from extinction at the hands of the Iroquois; 

16 (3) specifically mentioned in the negotiations 

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

18 Saponi, Ocheneeches (Occaneechi), Stengenocks, and 

19 Meipontskys; 

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

21 Benjamin Evans and Robert Johns, both ancestors 

22 of the present Monacan community, listed as 

23 ‘‘white’’ with mulatto children; 

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

25 families; 


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

2 29 families, mostly large, with Monacan surnames, 

3 the members of which are genealogically related to 

4 the present community; 

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

6 Bear Mountain Indian Mission; 

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

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

9 the structure is listed as a landmark on the National 

10 Register of Historic Places; 

11 (9) in 1920, 304 Amherst Indians were identi12 fied in the United States census; 

13 (10) from 1930 through 1931, numerous letters 

14 from Monacans to the Bureau of the Census re15 sulted from the decision of Dr. Walter Plecker, 

16 former head of the Bureau of Vital Statistics of the 

17 State of Virginia, not to allow Indians to register as 

18 Indians for the 1930 census; 

19 (11) the Monacans eventually succeeded in 

20 being allowed to claim their race, albeit with an as21 terisk attached to a note from Dr. Plecker stating 

22 that there were no Indians in Virginia; 

23 (12) in 1947, D’Arcy McNickle, a Salish In24 dian, saw some of the children at the Amherst MisVerDate Nov 24 2008 02:46 Jun 04, 2009 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1178.IS S1178

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1 sion and requested that the Cherokee Agency visit 

2 them because they appeared to be Indian; 

3 (13) that letter was forwarded to the Depart4 ment of the Interior, Office of Indian Affairs, Chi5 cago, Illinois; 

6 (14) Chief Jarrett Blythe of the Eastern Band 

7 of Cherokee did visit the Mission and wrote that he 

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

9 Cherokee school’’; 

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

11 Native Americans established the entity known as 

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

13 Mission; 

14 (16) some important pieces were produced at 

15 Monacan Co-operative Pottery, including a piece 

16 that was sold to the Smithsonian Institution; 

17 (17) the Mattaponi-Pamunkey-Monacan Con18 sortium, established in 1981, has since been orga19 nized as a nonprofit corporation that serves as a ve20 hicle to obtain funds for those Indian tribes from the 

21 Department of Labor under Native American pro22 grams; 

23 (18) in 1989, the Monacan Tribe was recog24 nized by the State of Virginia, which enabled the 


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1 Tribe to apply for grants and participate in other 

2 programs; and 

3 (19) in 1993, the Monacan Tribe received tax4 exempt status as a nonprofit corporation from the 

5 Internal Revenue Service. 

6 SEC. 502. DEFINITIONS. 

7 In this title: 

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

9 the Secretary of the Interior. 

10 (2) TRIBAL MEMBER.—The term ‘‘tribal mem11 ber’’ means— 

12 (A) an individual who is an enrolled mem13 ber of the Tribe as of the date of enactment of 

14 this Act; and 

15 (B) an individual who has been placed on 

16 the membership rolls of the Tribe in accordance 

17 with this title. 

18 (3) TRIBE.—The term ‘‘Tribe’’ means the Mon19 acan Indian Nation. 

20 SEC. 503. FEDERAL RECOGNITION. 

21 (a) FEDERAL RECOGNITION.— 

22 (1) IN GENERAL.—Federal recognition is ex23 tended to the Tribe. 

24 (2) APPLICABILITY OF LAWS.—All laws (includ25 ing regulations) of the United States of general apVerDate Nov 24 2008 02:46 Jun 04, 2009 Jkt 079200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S1178.IS S1178

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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 all land within 25 miles from 

21 the center of Amherst, Virginia. 

22 SEC. 504. MEMBERSHIP; GOVERNING DOCUMENTS. 

23 The membership roll and governing documents of the 

24 Tribe shall be the most recent membership roll and govVerDate Nov 24 2008 04:38 Jun 04, 2009 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S1178.IS S1178

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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. 505. 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. 506. 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 Albemarle Coun20 ty, Alleghany County, Amherst County, Augusta 

21 County, Campbell County, Nelson County, and 

22 Rockbridge County, Virginia. 

23 (b) DEADLINE FOR DETERMINATION.—The Sec24 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. 507. 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. 508. JURISDICTION OF STATE OF VIRGINIA. 

2 (a) IN GENERAL.—The State of Virginia shall exer3 cise jurisdiction over any criminal offense committed, and 

4 any civil actions arising, on land located within the State 

5 that is owned by, or held in trust by the United States 

6 for, the Tribe. 

7 (b) ACCEPTANCE OF STATE JURISDICTION BY SEC8 RETARY.—The Secretary may accept on behalf of the 

9 United States, after consultation with the Attorney Gen10 eral of the United States, all or any portion of the jurisdic11 tion of the State of Virginia described in subsection (a) 

12 on verification by the Secretary of a certification by the 

13 Tribe that the Tribe possesses the capacity to reassume 

14 that jurisdiction. 

15 TITLE VI—NANSEMOND INDIAN 

16 TRIBE 

17 SEC. 601. FINDINGS. 

18 Congress finds that— 

19 (1) from 1607 until 1646, Nansemond Indi20 ans— 

21 (A) lived approximately 30 miles from 

22 Jamestown; and 

23 (B) were significantly involved in English24 Indian affairs; 

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

26 Nansemonds in communication with each other, the 


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1 Christianized Nansemonds in Norfolk County, who 

2 lived as citizens, and the traditionalist Nansemonds, 

3 who lived further west; 

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

5 century sermon book still owned by the Chief’s fam6 ily, a Norfolk County Englishman married a Nanse7 mond woman; 

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

9 all of members of the Nansemond Indian tribe alive 

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

11 of the traditionalist Nansemonds; 

12 (5) in 1669, the 2 Nansemond sections ap13 peared in Virginia Colony’s census of Indian bow14 men; 

15 (6) in 1677, Nansemond Indians were signato16 ries to the Treaty of 1677 with the King of Eng17 land; 

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

19 other Virginia Indian tribes were prevented by Vir20 ginia Colony from making a separate peace with the 

21 Iroquois; 

22 (8) Virginia represented those Indian tribes in 

23 the final Treaty of Albany, 1722; 

24 (9) in 1711, a Nansemond boy attended the In25 dian School at the College of William and Mary; 


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1 (10) in 1727, Norfolk County granted William 

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

3 clearing swamp land and bearing arms (which privi4 leges were forbidden to other nonwhites) because of 

5 their Nansemond ancestry, which meant that Bass 

6 and his kinsmen were original inhabitants of that 

7 land; 

8 (11) in 1742, Norfolk County issued a certifi9 cate of Nansemond descent to William Bass; 

10 (12) from the 1740s to the 1790s, the tradi11 tionalist section of the Nansemond tribe, 40 miles 

12 west of the Christianized Nansemonds, was dealing 

13 with reservation land; 

14 (13) the last surviving members of that section 

15 sold out in 1792 with the permission of the State of 

16 Virginia; 

17 (14) in 1797, Norfolk County issued a certifi18 cate stating that William Bass was of Indian and 

19 English descent, and that his Indian line of ancestry 

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

21 a traditionalist section of Nansemonds on the res22 ervation; 

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

24 people of European and Indian descent to obtain a 

25 special certificate of ancestry; 


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1 (16) the law originated from the county in 

2 which Nansemonds lived, and mostly Nansemonds, 

3 with a few people from other counties, took advan4 tage of the new law; 

5 (17) a Methodist mission established around 

6 1850 for Nansemonds is currently a standard Meth7 odist congregation with Nansemond members; 

8 (18) in 1901, Smithsonian anthropologist 

9 James Mooney— 

10 (A) visited the Nansemonds; and 

11 (B) completed a tribal census that counted 

12 61 households and was later published; 

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

14 Indian school in the segregated school system of 

15 Norfolk County; 

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

17 (21) in 1928, University of Pennsylvania an18 thropologist Frank Speck published a book on mod19 ern Virginia Indians that included a section on the 

20 Nansemonds; and 

21 (22) the Nansemonds were organized formally, 

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

23 and received State recognition. 

24 SEC. 602. 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 Nansemond Indian Tribe. 

13 SEC. 603. 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 services and benefits provided 

4 by the Federal Government to federally recognized 

5 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 the cities of Chesapeake, 

15 Hampton, Newport News, Norfolk, Portsmouth, Suf16 folk, and Virginia Beach, Virginia. 

17 SEC. 604. 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. 605. 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. 606. 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 the city of Suf14 folk, the city of Chesapeake, or Isle of Wight Coun15 ty, 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 Nov 24 2008 02:46 Jun 04, 2009 Jkt 079200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S1178.IS S1178

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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. 607. 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. 608. JURISDICTION OF STATE OF VIRGINIA. 

18 (a) IN GENERAL.—The State of Virginia shall exer19 cise jurisdiction over any criminal offense committed, and 

20 any civil actions arising, on land located within the State 

21 that is owned by, or held in trust by the United States 

22 for, the Tribe. 

23 (b) ACCEPTANCE OF STATE JURISDICTION BY SEC24 RETARY.—The Secretary may accept on behalf of the 

25 United States, after consultation with the Attorney GenVerDate Nov 24 2008 02:46 Jun 04, 2009 Jkt 079200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S1178.IS S1178

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1 eral of the United States, all or any portion of the jurisdic2 tion of the State of Virginia described in subsection (a) 

3 on verification by the Secretary of a certification by the 

4 Tribe that the Tribe possesses the capacity to reassume 

5 that jurisdiction. 

Æ 


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