IB 

Union Calendar No. 73 

110TH CONGRESS 

1ST SESSION H. R. 1294 

[Report No. 110–124] 

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

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

Nansemond Indian Tribe. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2007 

Mr. MORAN of Virginia (for himself, Mr. RAHALL, Mrs. JO ANN DAVIS of Virginia, Mr. SCOTT of Virginia, Mr. TOM DAVIS of Virginia, Mr. ABERCROMBIE, Mr. KILDEE, and Mr. PALLONE) introduced the following bill; 

which was referred to the Committee on Natural Resources 

MAY 7, 2007 

Additional sponsors: Mr. RENZI and Mr. GRIJALVA

MAY 7, 2007 

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

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

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

[For text of introduced bill, see copy of bill as introduced on March 1, 2007] 

A BILL 

To extend Federal recognition to the Chickahominy Indian 

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


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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 ‘‘Thomasina E. Jordan Indian Tribes of Virginia Federal 

6 Recognition Act of 2007’’. 

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

8 Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—CHICKAHOMINY INDIAN TRIBE 

Sec. 101. Findings. 

Sec. 102. Definitions. 

Sec. 103. Federal recognition. 

Sec. 104. Membership; governing documents. 

Sec. 105. Governing body. 

Sec. 106. Reservation of the Tribe. 

Sec. 107. Hunting, fishing, trapping, gathering, and water rights. 

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. 

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. 

TITLE IV—RAPPAHANNOCK TRIBE, INC. 

Sec. 401. Findings. 


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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. 

TITLE V—MONACAN INDIAN NATION 

Sec. 501. Findings. 

Sec. 502. Definitions. 

Sec. 503. Federal recognition. 

Sec. 504. Membership; governing documents. 

Sec. 505. Governing body. 

Sec. 506. Reservation of the Tribe. 

Sec. 507. Hunting, fishing, trapping, gathering, and water rights. 

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. 

1 TITLE I—CHICKAHOMINY INDIAN 

2 TRIBE 

3 SEC. 101. FINDINGS. 

4 Congress finds that— 

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

6 along the Virginia coastline, the Chickahominy In7 dian Tribe was 1 of about 30 tribes that received 

8 them; 

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

11 of the Jamestown Colony, under which— 

12 (A) the Chickahominy Indian Tribe agreed 

13 to provide 2 bushels of corn per man and send 

14 warriors to protect the English; and 


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1 (B) Sir Thomas Dale agreed in return to 

2 allow the Tribe to continue to practice its own 

3 tribal governance; 

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

5 Chickahominy from their homeland to the area 

6 around the York Mattaponi River in present-day 

7 King William County, leading to the formation of a 

8 reservation; 

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

10 Queen of Pamunkey signed the Treaty of Middle 

11 Plantation on behalf of the Chickahominy; 

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

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

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

15 Williamsburg established a grammar school for Indi16 ans called Brafferton College; 

17 (7) a Chickahominy child was 1 of the first Indi18 ans to attend Brafferton College; 

19 (8) in 1750, the Chickahominy Indian Tribe 

20 began to migrate from King William County back to 

21 the area around the Chickahominy River in New 

22 Kent and Charles City Counties; 

23 (9) in 1793, a Baptist missionary named 

24 Bradby took refuge with the Chickahominy and took 

25 a Chickahominy woman as his wife; 


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

2 modern-day Chickahominy Indian Tribe began to ap3 pear in the Charles City County census records; 

4 (11) in 1901, the Chickahominy Indian Tribe 

5 formed Samaria Baptist Church; 

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

7 assessed a tribal tax so that their children could re8 ceive an education; 

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

10 build the first Samaria Indian School, buy supplies, 

11 and pay a teacher’s salary; 

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

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

14 Adkins that he had instructed the Commissioner of 

15 Revenue for Charles City County to record Chicka16 hominy tribal members on the county tax rolls as In17 dian, and not as white or colored; 

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

19 various Governors of the Commonwealth of Virginia 

20 wrote letters of introduction for Chickahominy Chiefs 

21 who had official business with Federal agencies in 

22 Washington, DC; 

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

24 wrote to John Collier, Commissioner of Indian Af25 fairs, requesting money to acquire land for the ChickVerDate Aug 31 2005 22:37 May 07, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1294.RH H1294

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1 ahominy Indian Tribe’s use, to build school, medical, 

2 and library facilities and to buy tractors, implements, 

3 and seed; 

4 (17) in 1934, John Collier, Commissioner of In5 dian Affairs, wrote to Chickahominy Chief O.O. 

6 Adkins, informing him that Congress had passed the 

7 Act of June 18, 1934 (commonly known as the ‘‘In8 dian Reorganization Act’’) (25 U.S.C. 461 et seq.), 

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

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

11 wrote to John Collier, Commissioner of Indian Af12 fairs, asking for help in getting the proper racial des13 ignation on Selective Service records for Chicka14 hominy soldiers; 

15 (19) in 1943, John Collier, Commissioner of In16 dian Affairs, asked Douglas S. Freeman, editor of the 

17 Richmond News-Leader newspaper of Richmond, Vir18 ginia, to help Virginia Indians obtain proper racial 

19 designation on birth records; 

20 (20) Collier stated that his office could not offi21 cially intervene because it had no responsibility for 

22 the Virginia Indians, ‘‘as a matter largely of histor23 ical accident’’, but was ‘‘interested in them as de24 scendants of the original inhabitants of the region’’; 


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

2 of the Virginia State Board of Education approved 

3 Samaria Indian School to provide training to vet4 erans; 

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

6 Chickahominy Indian Tribe; 

7 (23) in 1950, the Chickahominy Indian Tribe 

8 purchased and donated to the Charles City County 

9 School Board land to be used to build a modern 

10 school for students of the Chickahominy and other 

11 Virginia Indian tribes; 

12 (24) the Samaria Indian School included stu13 dents in grades 1 through 8; 

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

15 the Subcommittee on Constitutional Rights of the 

16 Committee on the Judiciary of the Senate, requested 

17 Chickahominy Chief O.O. Adkins to provide assist18 ance in analyzing the status of the constitutional 

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

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

21 board closed Samaria Indian School and converted 

22 the school to a countywide primary school as a step 

23 toward full school integration of Indian and non-In24 dian students; 


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

2 board began receiving funds under the Indian Self3 Determination and Education Assistance Act (25 

4 U.S.C. 458aa et seq.) on behalf of Chickahominy stu5 dents, which funding is provided as of the date of en6 actment of this Act under title V of the Indian Self7 Determination and Education Assistance Act (25 

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

9 (28) in 1974, the Chickahominy Indian Tribe 

10 bought land and built a tribal center using monthly 

11 pledges from tribal members to finance the trans12 actions; 

13 (29) in 1983, the Chickahominy Indian Tribe 

14 was granted recognition as an Indian tribe by the 

15 Commonwealth of Virginia, along with 5 other In16 dian tribes; and 

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

18 special guest at an intertribal Thanksgiving Day din19 ner hosted by the Chickahominy Indian Tribe. 

20 SEC. 102. 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 Chick8 ahominy Indian Tribe. 

9 SEC. 103. FEDERAL RECOGNITION. 

10 (a) FEDERAL RECOGNITION.— 

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

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

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

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

18 this title shall be applicable to the Tribe and tribal 

19 members. 

20 (b) FEDERAL SERVICES AND BENEFITS.— 

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

23 shall be eligible for all services and benefits provided 

24 by the Federal Government to federally recognized In25 dian 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 trib4 al member on or near any Indian reservation. 

5 (2) SERVICE AREA.—For the purpose of the de6 livery of Federal services to tribal members, the serv7 ice area of the Tribe shall be considered to be the area 

8 comprised of New Kent County, James City County, 

9 Charles City County, and Henrico County, 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 ac20 cordance with the election procedures specified in the 

21 governing documents of the Tribe. 

22 SEC. 106. RESERVATION OF THE TRIBE. 

23 (a) IN GENERAL.—If, not later than 25 years after the 

24 date of enactment of this Act, the Tribe transfers to the Sec25 retary land within the boundaries of New Kent County, 


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1 James City County, Charles City County, or Henrico Coun2 ty, Virginia, the Secretary shall take the land into trust 

3 for the benefit of the Tribe. Any land taken into trust for 

4 the benefit of the Tribe pursuant to this subsection shall 

5 be considered part of the reservation of the Tribe. 

6 (b) GAMING.—The Tribe may not conduct gaming ac7 tivities as a matter of claimed inherent authority or under 

8 the authority of any Federal law, including the Indian 

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

10 any regulations thereunder promulgated by the Secretary 

11 or the National Indian Gaming Commission. 

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

13 WATER RIGHTS. 

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

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

16 rights of the Tribe and members of the Tribe. 

17 TITLE II—CHICKAHOMINY IN18 DIAN TRIBE—EASTERN DIVI19 SION 

20 SEC. 201. FINDINGS. 

21 Congress finds that— 

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

23 along the Virginia coastline, the Chickahominy In24 dian Tribe was 1 of about 30 tribes that received 

25 them; 


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1 (2) in 1614, the Chickahominy Indian Tribe en2 tered into a treaty with Sir Thomas Dale, Governor 

3 of the Jamestown Colony, under which— 

4 (A) the Chickahominy Indian Tribe agreed 

5 to provide 2 bushels of corn per man and send 

6 warriors to protect the English; and 

7 (B) Sir Thomas Dale agreed in return to 

8 allow the Tribe to continue to practice its own 

9 tribal governance; 

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

11 Chickahominy from their homeland to the area 

12 around the York River in present-day King William 

13 County, leading to the formation of a reservation; 

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

15 Queen of Pamunkey signed the Treaty of Middle 

16 Plantation on behalf of the Chickahominy; 

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

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

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

20 Williamsburg established a grammar school for Indi21 ans called Brafferton College; 

22 (7) a Chickahominy child was 1 of the first Indi23 ans to attend Brafferton College; 

24 (8) in 1750, the Chickahominy Indian Tribe 

25 began to migrate from King William County back to 


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1 the area around the Chickahominy River in New 

2 Kent and Charles City Counties; 

3 (9) in 1793, a Baptist missionary named 

4 Bradby took refuge with the Chickahominy and took 

5 a Chickahominy woman as his wife; 

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

7 modern-day Chickahominy Indian Tribe began to ap8 pear in the Charles City County census records; 

9 (11) in 1870, a census revealed an enclave of In10 dians in New Kent County that is believed to be the 

11 beginning of the Chickahominy Indian Tribe—East12 ern Division; 

13 (12) other records were destroyed when the New 

14 Kent County courthouse was burned, leaving a State 

15 census as the only record covering that period; 

16 (13) in 1901, the Chickahominy Indian Tribe 

17 formed Samaria Baptist Church; 

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

19 assessed a tribal tax so that their children could re20 ceive an education; 

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

22 build the first Samaria Indian School, buy supplies, 

23 and pay a teacher’s salary; 


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

2 through 8 was established in New Kent County for the 

3 Chickahominy Indian Tribe—Eastern Division; 

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

5 Chickahominy Indian Tribe—Eastern Division began 

6 forming a tribal government; 

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

8 elected to be Chief; 

9 (19) in 1922, Tsena Commocko Baptist Church 

10 was organized; 

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

12 issued to the Chickahominy Indian Tribe—Eastern 

13 Division; 

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

15 Kent County was closed and students were bused to 

16 Samaria Indian School in Charles City County; 

17 (22) in 1967, the Chickahominy Indian Tribe 

18 and the Chickahominy Indian Tribe—Eastern Divi19 sion lost their schools as a result of the required inte20 gration of students; 

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

22 Tsena Commocko Baptist Church built a new sanc23 tuary to accommodate church growth; 


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1 (24) in 1983 the Chickahominy Indian Tribe— 

2 Eastern Division was granted State recognition along 

3 with 5 other Virginia Indian tribes; 

4 (25) in 1985— 

5 (A) the Virginia Council on Indians was 

6 organized as a State agency; and 

7 (B) the Chickahominy Indian Tribe—East8 ern Division was granted a seat on the Council; 

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

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

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

12 Eastern Band of the Chickahominy presently chairs 

13 the organization. 

14 SEC. 202. 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 Chick2 ahominy Indian Tribe—Eastern Division. 

3 SEC. 203. 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 appli9 cability to Indians or nations, Indian tribes, or bands 

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

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

12 this title shall be applicable to the Tribe and tribal 

13 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 future services and benefits 

18 provided by the Federal Government to federally rec19 ognized 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 trib23 al member on or near any Indian reservation. 

24 (2) SERVICE AREA.—For the purpose of the de25 livery of Federal services to tribal members, the servVerDate Aug 31 2005 22:37 May 07, 2007 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H1294.RH H1294

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1 ice area of the Tribe shall be considered to be the area 

2 comprised of New Kent County, James City County, 

3 Charles City County, and Henrico County, Virginia. 

4 SEC. 204. MEMBERSHIP; GOVERNING DOCUMENTS. 

5 The membership roll and governing documents of the 

6 Tribe shall be the most recent membership roll and gov7 erning documents, respectively, submitted by the Tribe to 

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

9 SEC. 205. GOVERNING BODY. 

10 The governing body of the Tribe shall be— 

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

12 of the date of enactment of this Act; or 

13 (2) any subsequent governing body elected in ac14 cordance with the election procedures specified in the 

15 governing documents of the Tribe. 

16 SEC. 206. RESERVATION OF THE TRIBE. 

17 (a) IN GENERAL.—If, not later than 25 years after the 

18 date of enactment of this Act, the Tribe transfers to the Sec19 retary any land within the boundaries of New Kent County, 

20 James City County, Charles City County, or Henrico Coun21 ty, Virginia, the Secretary shall take the land into trust 

22 for the benefit of the Tribe. Any land taken into trust for 

23 the benefit of the Tribe pursuant to this subsection shall 

24 be considered part of the reservation of the Tribe. 


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1 (b) GAMING.—The Tribe may not conduct gaming ac2 tivities as a matter of claimed inherent authority or under 

3 the authority of any Federal law, including the Indian 

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

5 any regulations thereunder promulgated by the Secretary 

6 or the National Indian Gaming Commission. 

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

8 WATER RIGHTS. 

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

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

11 rights of the Tribe and members of the Tribe. 

12 TITLE III—UPPER MATTAPONI 

13 TRIBE 

14 SEC. 301. FINDINGS. 

15 Congress finds that— 

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

17 Chickahominy Indian Tribes— 

18 (A) lived approximately 20 miles from 

19 Jamestown; and 

20 (B) were significantly involved in English21 Indian affairs; 

22 (2) Mattaponi Indians, who later joined the 

23 Chickahominy Indians, lived a greater distance from 

24 Jamestown; 


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

2 Mattaponi River basin, away from the English; 

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

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

5 River; 

6 (5) in 1669, the Chickahominy Indians— 

7 (A) appeared in the Virginia Colony’s cen8 sus of Indian bowmen; and 

9 (B) lived in ‘‘New Kent’’ County, which in10 cluded the Mattaponi River basin at that time; 

11 (6) in 1677, the Chickahominy and Mattaponi 

12 Indians were subjects of the Queen of Pamunkey, who 

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

14 of England; 

15 (7) in 1683, after a Mattaponi town was at16 tacked by Seneca Indians, the Mattaponi Indians took 

17 refuge with the Chickahominy Indians, and the his18 tory of the 2 groups was intertwined for many years 

19 thereafter; 

20 (8) in 1695, the Chickahominy and Mattaponi 

21 Indians— 

22 (A) were assigned a reservation by the Vir23 ginia Colony; and 

24 (B) traded land of the reservation for land 

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


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1 the date of enactment of this Act, is the 

2 Mattaponi Indian Reservation), which had been 

3 owned by the Mattaponi Indians before 1661; 

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

5 Indian School at the College of William and Mary; 

6 (10) in 1726, the Virginia Colony discontinued 

7 funding of interpreters for the Chickahominy and 

8 Mattaponi Indian Tribes; 

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

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

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

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

13 with the Upper Mattaponi Indians; 

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

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

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

17 Commonwealth of Virginia, mentioned the Mattaponi 

18 Indians on a reservation in King William County 

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

20 with the Mattaponi Indians and nearby Pamunkey 

21 Indians; 

22 (14) in 1850, the census of the United States re23 vealed a nucleus of approximately 10 families, all an24 cestral to modern Upper Mattaponi Indians, living in 


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1 central King William County, Virginia, approxi2 mately 10 miles from the reservation; 

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

4 King William County marriage records listed Upper 

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

6 on the reservation; 

7 (16) during the period of 1884 through the 

8 present, county marriage records usually refer to 

9 Upper Mattaponis as ‘‘Indians’’; 

10 (17) in 1901, Smithsonian anthropologist James 

11 Mooney heard about the Upper Mattaponi Indians 

12 but did not visit them; 

13 (18) in 1928, University of Pennsylvania an14 thropologist Frank Speck published a book on modern 

15 Virginia Indians with a section on the Upper 

16 Mattaponis; 

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

18 Upper Mattaponi Indians opposed the use of a ‘‘col19 ored’’ designation in the 1930 United States census 

20 and won a compromise in which the Indian ancestry 

21 of the Upper Mattaponis was recorded but questioned; 

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

23 (A) the leadership of the Upper Mattaponi 

24 Indians, with the help of Frank Speck and oth25 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 place 

6 to admit some of the young people of the Upper 

7 Mattaponi to high schools for Federal Indians (espe8 cially at Cherokee) because no high school coursework 

9 was available for Indians in Virginia schools; and 

10 (22) in 1983, the Upper Mattaponi Indians ap11 plied for and won State recognition as an Indian 

12 tribe. 

13 SEC. 302. DEFINITIONS. 

14 In this title: 

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

16 the Secretary of the Interior. 

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

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

21 this Act; and 

22 (B) an individual who has been placed on 

23 the membership rolls of the Tribe in accordance 

24 with this title. 


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

2 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 appli9 cability to Indians or nations, Indian tribes, or bands 

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

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

12 this title shall be applicable to the Tribe and tribal 

13 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 In19 dian 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 trib23 al member on or near any Indian reservation. 

24 (2) SERVICE AREA.—For the purpose of the de25 livery of Federal services to tribal members, the servVerDate Aug 31 2005 22:37 May 07, 2007 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\H1294.RH H1294

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1 ice area of the Tribe shall be considered to be the area 

2 within 25 miles of the Sharon Indian School at 

3 13383 King William Road, King William County, 

4 Virginia. 

5 SEC. 304. MEMBERSHIP; GOVERNING DOCUMENTS. 

6 The membership roll and governing documents of the 

7 Tribe shall be the most recent membership roll and gov8 erning documents, respectively, submitted by the Tribe to 

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

10 SEC. 305. GOVERNING BODY. 

11 The governing body of the Tribe shall be— 

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

13 of the date of enactment of this Act; or 

14 (2) any subsequent governing body elected in ac15 cordance with the election procedures specified in the 

16 governing documents of the Tribe. 

17 SEC. 306. RESERVATION OF THE TRIBE. 

18 (a) IN GENERAL.—If, not later than 25 years after the 

19 date of enactment of this Act, the Tribe transfers to the Sec20 retary land within the boundaries of King William County, 

21 Caroline County, Hanover County, King and Queen Coun22 ty, and New Kent County, Virginia, the Secretary shall take 

23 the land into trust for the benefit of the Tribe. Any land 

24 taken into trust for the benefit of the Tribe pursuant to this 


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1 subsection shall be considered part of the reservation of the 

2 Tribe. 

3 (b) GAMING.—The Tribe may not conduct gaming ac4 tivities as a matter of claimed inherent authority or under 

5 the authority of any Federal law, including the Indian 

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

7 any regulations thereunder promulgated by the Secretary 

8 or the National Indian Gaming Commission. 

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

10 WATER RIGHTS. 

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

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

13 rights of the Tribe and members of the Tribe. 

14 TITLE IV—RAPPAHANNOCK 

15 TRIBE, INC. 

16 SEC. 401. FINDINGS. 

17 Congress finds that— 

18 (1) during the initial months after Virginia was 

19 settled, the Rappahannock Indians had 3 encounters 

20 with Captain John Smith; 

21 (2) the first encounter occurred when the Rappa22 hannock weroance (headman)— 

23 (A) traveled to Quiyocohannock (a prin24 cipal town across the James River from James25 town), where he met with Smith to determine 


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

2 had previously sailed into the Rappahannock 

3 River, killed a Rappahannock weroance, and 

4 kidnapped Rappahannock people; and 

5 (B) determined that Smith was too short to 

6 be that ‘‘great man’’; 

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

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

9 Smith was taken to the Rappahannock principal vil10 lage to show the people that Smith was not the ‘‘great 

11 man’’; 

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

13 exploration of the Chesapeake Bay (July to September 

14 1608), when, after the Moraughtacund Indians had 

15 stolen 3 women from the Rappahannock King, Smith 

16 was prevailed upon to facilitate a peaceful truce be17 tween the Rappahannock and the Moraughtacund In18 dians; 

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

20 tribes meet on the spot of their first fight; 

21 (6) when it was established that both groups 

22 wanted peace, Smith told the Rappahannock King to 

23 select which of the 3 stolen women he wanted; 

24 (7) the Moraughtacund King was given second 

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


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1 Wighcocomoco (on the Potomac River) guide, was 

2 given the third woman; 

3 (8) in 1645, Captain William Claiborne tried 

4 unsuccessfully to establish treaty relations with the 

5 Rappahannocks, as the Rappahannocks had not par6 ticipated in the Pamunkey-led uprising in 1644, and 

7 the English wanted to ‘‘treat with the Rappahannocks 

8 or any other Indians not in amity with 

9 Opechancanough, concerning serving the county 

10 against the Pamunkeys’’; 

11 (9) in April 1651, the Rappahannocks conveyed 

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

13 Fauntleroy; 

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

15 Accopatough, weroance of the Rappahannock Indians; 

16 (11) in September 1653, Lancaster County 

17 signed a treaty with Rappahannock Indians, the 

18 terms of which treaty— 

19 (A) gave Rappahannocks the rights of Eng20 lishmen in the county court; and 

21 (B) attempted to make the Rappahannocks 

22 more accountable under English law; 

23 (12) in September 1653, Lancaster County de24 fined and marked the bounds of its Indian settle25 ments; 


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

2 ‘‘the tribe called the great Rappahannocks lived on 

3 the Rappahannock Creek just across the river above 

4 Tappahannock’’; 

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

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

7 Act, is comprised of Richmond and Essex Counties, 

8 Virginia) signed a treaty with Rappahannock Indi9 ans that— 

10 (A) mirrored the Lancaster County treaty 

11 from 1653; and 

12 (B) stated that— 

13 (i) Rappahannocks were to be re14 warded, in Roanoke, for returning English 

15 fugitives; and 

16 (ii) the English encouraged the 

17 Rappahannocks to send their children to 

18 live among the English as servants, who the 

19 English promised would be well-treated; 

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

21 1652 Act stating that ‘‘there be no grants of land to 

22 any Englishman whatsoever de futuro until the Indi23 ans be first served with the proportion of 50 acres of 

24 land for each bowman’’; 


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

2 Virginia Indians; 

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

4 (A) the majority of the Rappahannocks 

5 were residing at their hunting village on the 

6 north side of the Mattaponi River; and 

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

8 were counting only the Indian tribes along the 

9 rivers, which explains why only 30 Rappahan10 nock bowmen were counted on that river; 

11 (18) the Rappahannocks used the hunting village 

12 on the north side of the Mattaponi River as their pri13 mary residence until the Rappahannocks were re14 moved in 1684; 

15 (19) in May 1677, the Treaty of Middle Planta16 tion was signed with England; 

17 (20) the Pamunkey Queen Cockacoeske signed on 

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

19 be her tributaries’’, but before the treaty could be rati20 fied, the Queen of Pamunkey complained to the Vir21 ginia Colonial Council ‘‘that she was having trouble 

22 with Rappahannocks and Chickahominies, supposedly 

23 tributaries of hers’’; 

24 (21) in November 1682, the Virginia Colonial 

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1 nock Indians of 3,474 acres ‘‘about the town where 

2 they dwelt’’; 

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

4 village on the north side of the Mattaponi River, 

5 where the Rappahannocks had lived throughout the 

6 1670s; 

7 (23) the acreage allotment of the reservation was 

8 based on the 1658 Indian land act, which translates 

9 into a bowman population of 70, or an approximate 

10 total Rappahannock population of 350; 

11 (24) in 1683, following raids by Iroquoian war12 riors on both Indian and English settlements, the Vir13 ginia Colonial Council ordered the Rappahannocks to 

14 leave their reservation and unite with the Nanzatico 

15 Indians at Nanzatico Indian Town, which was lo16 cated across and up the Rappahannock River some 30 

17 miles; 

18 (25) between 1687 and 1699, the Rappahannocks 

19 migrated out of Nanzatico, returning to the south side 

20 of the Rappahannock River at Portobacco Indian 

21 Town; 

22 (26) in 1706, by order of Essex County, Lieuten23 ant Richard Covington ‘‘escorted’’ the Portobaccos 

24 and Rappahannocks out of Portobacco Indian Town, 

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1 ty where they settled along the ridgeline between the 

2 Rappahannock and Mattaponi Rivers, the site of 

3 their ancient hunting village and 1682 reservation; 

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

5 were raised on Thomas Nelson’s Bleak Hill Planta6 tion in King William County; 

7 (28) of those girls— 

8 (A) 1 married a Saunders man; 

9 (B) 1 married a Johnson man; and 

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

11 Nelson, fathered by Thomas Cary Nelson; 

12 (29) in the 19th century, those Saunders, John13 son, and Nelson families are among the core Rappa14 hannock families from which the modern Tribe traces 

15 its descent; 

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

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

18 Carter Spurlock (all Rappahannock ancestors) were 

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

20 taxed at the county poor rate; 

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

22 1821; 

23 (32) those tax records are significant documenta24 tion because the great majority of pre-1864 records for 

25 King and Queen County were destroyed by fire; 


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1 (33) beginning in 1819, and continuing through 

2 the 1880s, there was a solid Rappahannock presence 

3 in the membership at Upper Essex Baptist Church; 

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

5 Christianity by at least some Rappahannock Indians; 

6 (35) while 26 identifiable and traceable Rappa7 hannock surnames appear on the pre-1863 member8 ship list, and 28 were listed on the 1863 membership 

9 roster, the number of surnames listed had declined to 

10 12 in 1878 and had risen only slightly to 14 by 1888; 

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

12 Methodist circuit rider, Joseph Mastin, secured funds 

13 to purchase land and construct St. Stephens Baptist 

14 Church for the Rappahannocks living nearby in Caro15 line County; 

16 (37) Mastin referred to the Rappahannocks dur17 ing the period of 1850 to 1870 as ‘‘Indians, having 

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

19 (38) St. Stephens was the dominant tribal 

20 church until the Rappahannock Indian Baptist 

21 Church was established in 1964; 

22 (39) at both churches, the core Rappahannock 

23 family names of Bird, Clarke, Fortune, Johnson, Nel24 son, Parker, and Richardson predominate; 


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1 (40) during the early 1900’s, James Mooney, 

2 noted anthropologist, maintained correspondence with 

3 the Rappahannocks, surveying them and instructing 

4 them on how to formalize their tribal government; 

5 (41) in November 1920, Speck visited the 

6 Rappahannocks and assisted them in organizing the 

7 fight for their sovereign rights; 

8 (42) in 1921, the Rappahannocks were granted 

9 a charter from the Commonwealth of Virginia for10 malizing their tribal government; 

11 (43) Speck began a professional relationship 

12 with the Tribe that would last more than 30 years 

13 and document Rappahannock history and traditions 

14 as never before; 

15 (44) in April 1921, Rappahannock Chief George 

16 Nelson asked the Governor of Virginia, Westmoreland 

17 Davis, to forward a proclamation to the President of 

18 the United States, along with an appended list of 

19 tribal members and a handwritten copy of the procla20 mation itself; 

21 (45) the letter concerned Indian freedom of 

22 speech and assembly nationwide; 

23 (46) in 1922, the Rappahannocks established a 

24 formal school at Lloyds, Essex County, Virginia; 


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1 (47) prior to establishment of the school, Rappa2 hannock children were taught by a tribal member in 

3 Central Point, Caroline County, Virginia; 

4 (48) in December 1923, Rappahannock Chief 

5 George Nelson testified before Congress appealing for 

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

7 in Virginia; 

8 (49) in 1930, the Rappahannocks were engaged 

9 in an ongoing dispute with the Commonwealth of Vir10 ginia and the United States Census Bureau about 

11 their classification in the 1930 Federal census; 

12 (50) in January 1930, Rappahannock Chief 

13 Otho S. Nelson wrote to Leon Truesdell, Chief Stat14 istician of the United States Census Bureau, asking 

15 that the 218 enrolled Rappahannocks be listed as In16 dians; 

17 (51) in February 1930, Truesdell replied to Nel18 son saying that ‘‘special instructions’’ were being 

19 given about classifying Indians; 

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

21 Steuart at the Census Bureau asking about the enu22 merators’ failure to classify his people as Indians, 

23 saying that enumerators had not asked the question 

24 about race when they interviewed his people; 


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1 (53) in a followup letter to Truesdell, Nelson re2 ported that the enumerators were ‘‘flatly denying’’ his 

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

4 race question was completely avoided during inter5 views; 

6 (54) the Rappahannocks had spoken with Caro7 line and Essex County enumerators, and with John 

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

9 (55) Nelson asked Truesdell to list people as In10 dians if he sent a list of members; 

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

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

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

14 if Indian ‘‘blood’’ predominated and ‘‘Indian’’ iden15 tity was accepted in the local community; 

16 (57) the Virginia Vital Statistics Bureau classed 

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

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

19 Rappahannocks; 

20 (58) therefore, in 1925, the Indian Rights Asso21 ciation took on the Rappahannock case to assist the 

22 Rappahannocks in fighting for their recognition and 

23 rights as an Indian tribe; 

24 (59) during the Second World War, the 

25 Pamunkeys, Mattaponis, Chickahominies, and 


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1 Rappahannocks had to fight the draft boards with re2 spect to their racial identities; 

3 (60) the Virginia Vital Statistics Bureau in4 sisted that certain Indian draftees be inducted into 

5 Negro units; 

6 (61) finally, 3 Rappahannocks were convicted of 

7 violating the Federal draft laws and, after spending 

8 time in a Federal prison, were granted conscientious 

9 objector status and served out the remainder of the 

10 war working in military hospitals; 

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

12 approximately 25 communities of Indians left in the 

13 Eastern United States that were entitled to Indian 

14 classification, including the Rappahannocks; 

15 (63) in the 1940s, Leon Truesdell, Chief Statisti16 cian, of the United States Census Bureau, listed 118 

17 members in the Rappahannock Tribe in the Indian 

18 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 by 

22 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 described 

2 the Rappahannock Tribe; 

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

4 Rappahannocks operated a school at Indian Neck; 

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

6 teach 10 students bused by King and Queen County 

7 to Sharon Indian School in King William County, 

8 Virginia; 

9 (68) in 1965, Rappahannock students entered 

10 Marriott High School (a white public school) by exec11 utive order of the Governor of Virginia; 

12 (69) in 1972, the Rappahannocks worked with 

13 the Coalition of Eastern Native Americans to fight for 

14 Federal recognition; 

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

16 and artisans company, operating with other Virginia 

17 tribes; 

18 (71) in 1980, the Rappahannocks received fund19 ing through the Administration for Native Americans 

20 of the Department of Health and Human Services to 

21 develop an economic program for the Tribe; and 

22 (72) in 1983, the Rappahannocks received State 

23 recognition as an Indian tribe. 

24 SEC. 402. 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.— 

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

13 the organization possessing the legal name Rap14 pahannock Tribe, Inc. 

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

16 not include any other Indian tribe, subtribe, 

17 band, or splinter group the members of which 

18 represent themselves as Rappahannock Indians. 

19 SEC. 403. FEDERAL RECOGNITION. 

20 (a) FEDERAL RECOGNITION.— 

21 (1) IN GENERAL.—Federal recognition is ex22 tended to the Tribe. 

23 (2) APPLICABILITY OF LAWS.—All laws (includ24 ing regulations) of the United States of general appli25 cability to Indians or nations, Indian tribes, or bands 


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

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

3 this title shall be applicable to the Tribe and tribal 

4 members. 

5 (b) FEDERAL SERVICES AND BENEFITS.— 

6 (1) IN GENERAL.—On and after the date of en7 actment of this Act, the Tribe and tribal members 

8 shall be eligible for all services and benefits provided 

9 by the Federal Government to federally recognized In10 dian tribes without regard to— 

11 (A) the existence of a reservation for the 

12 Tribe; or 

13 (B) the location of the residence of any trib14 al member on or near any Indian reservation. 

15 (2) SERVICE AREA.—For the purpose of the de16 livery of Federal services to tribal members, the serv17 ice area of the Tribe shall be considered to be the area 

18 comprised of King and Queen County, Caroline 

19 County, Essex County, Spotsylvania County, Stafford 

20 County, and Richmond County, Virginia. 

21 SEC. 404. MEMBERSHIP; GOVERNING DOCUMENTS. 

22 The membership roll and governing documents of the 

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

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


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1 SEC. 405. GOVERNING BODY. 

2 The governing body of the Tribe shall be— 

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

4 of the date of enactment of this Act; or 

5 (2) any subsequent governing body elected in ac6 cordance with the election procedures specified in the 

7 governing documents of the Tribe. 

8 SEC. 406. RESERVATION OF THE TRIBE. 

9 (a) IN GENERAL.—If, not later than 25 years after the 

10 date of enactment of this Act, the Tribe transfers to the Sec11 retary land within the boundaries of King and Queen 

12 County, Stafford County, Spotsylvania County, Richmond 

13 County, Essex County, and Caroline County, Virginia, the 

14 Secretary shall take the land into trust for the benefit of 

15 the Tribe. Any land taken into trust for the benefit of the 

16 Tribe pursuant to this subsection shall be considered part 

17 of the reservation of the Tribe. 

18 (b) GAMING.—The Tribe may not conduct gaming ac19 tivities as a matter of claimed inherent authority or under 

20 the authority of any Federal law, including the Indian 

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

22 any regulations thereunder promulgated by the Secretary 

23 or the National Indian Gaming Commission. 


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

2 WATER RIGHTS. 

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

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

5 rights of the Tribe and members of the Tribe. 

6 TITLE V—MONACAN INDIAN 

7 NATION 

8 SEC. 501. FINDINGS. 

9 Congress finds that— 

10 (1) In 1677, the Monacan Tribe signed the Trea11 ty of Middle Plantation between Charles II of Eng12 land 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 of 

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

23 with mulatto children; 

24 (5) in 1782, tax records also began for those fam25 ilies; 


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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 the 

4 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 resulted 

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

16 of the Bureau of Vital Statistics of the State of Vir17 ginia, not to allow Indians to register as Indians for 

18 the 1930 census; 

19 (11) the Monacans eventually succeeded in being 

20 allowed to claim their race, albeit with an asterisk at21 tached to a note from Dr. Plecker stating that there 

22 were no Indians in Virginia; 

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

24 saw some of the children at the Amherst Mission and 


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1 requested that the Cherokee Agency visit them because 

2 they appeared to be Indian; 

3 (13) that letter was forwarded to the Department 

4 of the Interior, Office of Indian Affairs, Chicago, Illi5 nois; 

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

7 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 Na11 tive Americans established the entity known as ‘‘Mon12 acan Co-operative Pottery’’ at the Amherst Mission; 

13 (16) some important pieces were produced at 

14 Monacan Co-operative Pottery, including a piece that 

15 was sold to the Smithsonian Institution; 

16 (17) the Mattaponi-Pamunkey-Monacan Consor17 tium, established in 1981, has since been organized as 

18 a nonprofit corporation that serves as a vehicle to ob19 tain funds for those Indian tribes from the Depart20 ment of Labor under Native American programs; 

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

22 by the State of Virginia, which enabled the Tribe to 

23 apply for grants and participate in other programs; 

24 and 


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1 (19) in 1993, the Monacan Tribe received tax-ex2 empt status as a nonprofit corporation from the In3 ternal Revenue Service. 

4 SEC. 502. DEFINITIONS. 

5 In this title: 

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

7 the Secretary of the Interior. 

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

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

12 this Act; and 

13 (B) an individual who has been placed on 

14 the membership rolls of the Tribe in accordance 

15 with this title. 

16 (3) TRIBE.—The term ‘‘Tribe’’ means the Mona17 can Indian Nation. 

18 SEC. 503. FEDERAL RECOGNITION. 

19 (a) FEDERAL RECOGNITION.— 

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

22 (2) APPLICABILITY OF LAWS.—All laws (includ23 ing regulations) of the United States of general appli24 cability to Indians or nations, Indian tribes, or bands 

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


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

2 this title shall be applicable to the Tribe and tribal 

3 members. 

4 (b) FEDERAL SERVICES AND BENEFITS.— 

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

7 shall be eligible for all services and benefits provided 

8 by the Federal Government to federally recognized In9 dian tribes without regard to— 

10 (A) the existence of a reservation for the 

11 Tribe; or 

12 (B) the location of the residence of any trib13 al member on or near any Indian reservation. 

14 (2) SERVICE AREA.—For the purpose of the de15 livery of Federal services to tribal members, the serv16 ice area of the Tribe shall be considered to be the area 

17 comprised of all land within 25 miles from the center 

18 of Amherst, Virginia. 

19 SEC. 504. MEMBERSHIP; GOVERNING DOCUMENTS. 

20 The membership roll and governing documents of the 

21 Tribe shall be the most recent membership roll and gov22 erning documents, respectively, submitted by the Tribe to 

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

24 SEC. 505. GOVERNING BODY. 

25 The governing body of the Tribe shall be— 


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

2 of the date of enactment of this Act; or 

3 (2) any subsequent governing body elected in ac4 cordance with the election procedures specified in the 

5 governing documents of the Tribe. 

6 SEC. 506. RESERVATION OF THE TRIBE. 

7 (a) IN GENERAL.—If, not later than 25 years after the 

8 date of enactment of this Act, the Tribe transfers to the Sec9 retary any land within the boundaries of Amherst County, 

10 Virginia, the Secretary shall take the land into trust for 

11 the benefit of the Tribe. Any land taken into trust for the 

12 benefit of the Tribe pursuant to this subsection shall be con13 sidered part of the reservation of the Tribe. 

14 (b) GAMING.—The Tribe may not conduct gaming ac15 tivities as a matter of claimed inherent authority or under 

16 the authority of any Federal law, including the Indian 

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

18 any regulations thereunder promulgated by the Secretary 

19 or the National Indian Gaming Commission. 

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

21 WATER RIGHTS. 

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

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

24 rights of the Tribe and members of the Tribe. 


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1 TITLE VI—NANSEMOND INDIAN 

2 TRIBE 

3 SEC. 601. FINDINGS. 

4 Congress finds that— 

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

6 (A) lived approximately 30 miles from 

7 Jamestown; and 

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

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

11 Nansemonds in communication with each other, the 

12 Christianized Nansemonds in Norfolk County, who 

13 lived as citizens, and the traditionalist Nansemonds, 

14 who lived further west; 

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

17 Norfolk County Englishman married a Nansemond 

18 woman; 

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

20 all of members of the Nansemond Indian tribe alive 

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

22 of the traditionalist Nansemonds; 

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

24 in Virginia Colony’s census of Indian bowmen; 


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

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

4 Virginia Indian tribes were prevented by Virginia 

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

7 (8) Virginia represented those Indian tribes in 

8 the final Treaty of Albany, 1722; 

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

11 (10) in 1727, Norfolk County granted William 

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

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

15 their Nansemond ancestry, which meant that Bass 

16 and his kinsmen were original inhabitants of that 

17 land; 

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

19 of Nansemond descent to William Bass; 

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

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


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1 (13) the last surviving members of that section 

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

3 Virginia; 

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

5 stating that William Bass was of Indian and English 

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

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

10 people of European and Indian descent to obtain a 

11 special certificate of ancestry; 

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

13 Nansemonds lived, and mostly Nansemonds, with a 

14 few people from other counties, took advantage of the 

15 new law; 

16 (17) a Methodist mission established around 

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

19 (18) in 1901, Smithsonian anthropologist James 

20 Mooney— 

21 (A) visited the Nansemonds; and 

22 (B) completed a tribal census that counted 

23 61 households and was later published; 


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

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

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

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

7 Virginia Indians that included a section on the 

8 Nansemonds; and 

9 (22) the Nansemonds were organized formally, 

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

11 and received State recognition. 

12 SEC. 602. DEFINITIONS. 

13 In this title: 

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

15 the Secretary of the Interior. 

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

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

20 this Act; and 

21 (B) an individual who has been placed on 

22 the membership rolls of the Tribe in accordance 

23 with this title. 

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

25 Nansemond Indian Tribe. 


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1 SEC. 603. FEDERAL RECOGNITION. 

2 (a) FEDERAL RECOGNITION.— 

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

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

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

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

10 this title shall be applicable to the Tribe and tribal 

11 members. 

12 (b) FEDERAL SERVICES AND BENEFITS.— 

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

15 shall be eligible for all services and benefits provided 

16 by the Federal Government to federally recognized In17 dian tribes without regard to— 

18 (A) the existence of a reservation for the 

19 Tribe; or 

20 (B) the location of the residence of any trib21 al member on or near any Indian reservation. 

22 (2) SERVICE AREA.—For the purpose of the de23 livery of Federal services to tribal members, the serv24 ice area of the Tribe shall be considered to be the area 

25 comprised of the cities of Chesapeake, Hampton, NewVerDate Aug 31 2005 22:37 May 07, 2007 Jkt 059200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\H1294.RH H1294

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1 port News, Norfolk, Portsmouth, Suffolk, and Virginia 

2 Beach, Virginia. 

3 SEC. 604. MEMBERSHIP; GOVERNING DOCUMENTS. 

4 The membership roll and governing documents of the 

5 Tribe shall be the most recent membership roll and gov6 erning documents, respectively, submitted by the Tribe to 

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

8 SEC. 605. GOVERNING BODY. 

9 The governing body of the Tribe shall be— 

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

11 of the date of enactment of this Act; or 

12 (2) any subsequent governing body elected in ac13 cordance with the election procedures specified in the 

14 governing documents of the Tribe. 

15 SEC. 606. RESERVATION OF THE TRIBE. 

16 (a) IN GENERAL.—If, not later than 25 years after the 

17 date of enactment of this Act, the Tribe transfers any land 

18 within the boundaries of the city of Suffolk, the city of 

19 Chesapeake, or Isle of Wight County, Virginia, the Sec20 retary shall take the land into trust for the benefit of the 

21 Tribe. Any land taken into trust for the benefit of the Tribe 

22 pursuant to this subsection shall be considered part of the 

23 reservation of the Tribe. 

24 (b) GAMING.—The Tribe may not conduct gaming ac25 tivities as a matter of claimed inherent authority or under 


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1 the authority of any Federal law, including the Indian 

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

3 any regulations thereunder promulgated by the Secretary 

4 or the National Indian Gaming Commission. 

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

6 WATER RIGHTS. 

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

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

9 rights of the Tribe and members of the Tribe. 


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Union Calendar No. 73 

110TH CONGRESS 

1ST SESSION H. R. 1294 

[Report No. 110

–124] 

A BILL 

To extend Federal recognition to the Chickahominy 

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

MAY 7, 2007 

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


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