II 

109TH CONGRESS 

1ST SESSION S. 480

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 

MARCH 1, 2005

Mr. ALLEN (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 ‘‘Thomasina E. Jordan Indian Tribes of Virginia Federal 

6 Recognition Act of 2005’’. 
2

•S 480 IS 

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. 

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. 

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 
3

•S 480 IS 

Sec. 601. Findings. 

Sec. 602. Definitions. 

Sec. 603. Federal recognition. 

Sec. 604. Membership; governing documents. 

Sec. 605. Governing documents. 

Sec. 606. Governing body. 

Sec. 607. Reservation of the Tribe. 

Sec. 608. Hunting, fishing, trapping, gathering, and water rights.

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 

20 around the York River in present-day King William 

21 County, leading to the formation of a reservation; 
4

•S 480 IS 

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

2 Queen of Pamunkey signed the Treaty of Middle 

3 Plantation on behalf of the Chickahominy; 

4 (5) in 1702, the Chickahominy were forced 

5 from their reservation, which caused the loss of a 

6 land base; 

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

8 in Williamsburg established a grammar school for 

9 Indians called Brafferton College; 

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

12 (8) in 1750, the Chickahominy Indian Tribe 

13 began to migrate from King William County back to 

14 the area around the Chickahominy River in New 

15 Kent and Charles City Counties; 

16 (9) in 1793, a Baptist missionary named 

17 Bradby took refuge with the Chickahominy and took 

18 a Chickahominy woman as his wife; 

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

20 modern-day Chickahominy Indian Tribe began to 

21 appear in the Charles City County census records; 

22 (11) in 1901, the Chickahominy Indian Tribe 

23 formed Samaria Baptist Church;
5

•S 480 IS 

1 (12) from 1901 to 1935, Chickahominy men 

2 were assessed a tribal tax so that their children 

3 could receive an education; 

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

5 to build the first Samaria Indian School, buy sup6 plies, and pay a teacher’s salary; 

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

8 Accounts for Virginia, told Chickahominy Chief 

9 O.W. Adkins that he had instructed the Commis10 sioner of Revenue for Charles City County to record 

11 Chickahominy tribal members on the county tax rolls 

12 as Indian, and not as white or colored; 

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

14 various Governors of the Commonwealth of Virginia 

15 wrote letters of introduction for Chickahominy 

16 Chiefs who had official business with Federal agen17 cies in Washington, D.C.; 

18 (16) in 1934, Chickahominy Chief O.W. Adkins 

19 wrote to John Collier, Commissioner of Indian Af20 fairs, requesting money to acquire land for the 

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

22 medical, and library facilities and to buy tractors, 

23 implements, and seed;

24 (17) in 1934, John Collier, Commissioner of In25 dian Affairs, wrote to Chickahominy Chief O.W.
6

•S 480 IS 

1 Adkins, informing him that Congress had passed the 

2 Act of June 18, 1934 (commonly known as the ‘‘In3 dian Reorganization Act’’) (25 U.S.C. 461 et seq.), 

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

5 (18) in 1942, Chickahominy Chief O.W. Adkins 

6 wrote to John Collier, Commissioner of Indian Af7 fairs, asking for help in getting the proper racial 

8 designation on Selective Service records for Chicka9 hominy soldiers; 

10 (19) in 1943, John Collier, Commissioner of In11 dian Affairs, asked Douglas S. Freeman, editor of 

12 the Richmond News-Leader newspaper of Richmond, 

13 Virginia, to help Virginia Indians obtain proper ra14 cial designation on birth records; 

15 (20) Collier stated that his office could not offi16 cially intervene because it had no responsibility for 

17 the Virginia Indians, ‘‘as a matter largely of histor18 ical accident’’, but was ‘‘interested in them as de19 scendants of the original inhabitants of the region’’; 

20 (21) in 1948, the Veterans’ Education Com21 mittee of the Virginia State Board of Education ap22 proved Samaria Indian School to provide training to 

23 veterans; 

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

25 Chickahominy Indian Tribe; 
7

•S 480 IS 

1 (23) in 1950, the Chickahominy Indian Tribe 

2 purchased and donated to the Charles City County 

3 School Board land to be used to build a modern 

4 school for students of the Chickahominy and other 

5 Virginia Indian tribes; 

6 (24) the Samaria Indian School included stu7 dents in grades 1 through 8; 

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

9 the Subcommittee on Constitutional Rights of the 

10 Committee on the Judiciary of the Senate, requested 

11 Chickahominy Chief O.W. Adkins to provide assist12 ance in analyzing the status of the constitutional 

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

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

15 board closed Samaria Indian School and converted 

16 the school to a countywide primary school as a step 

17 toward full school integration of Indian and non-In18 dian students; 

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

20 board began receiving funds under the Indian Self21 Determination and Education Assistance Act (25 

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

23 students, which funding is provided as of the date 

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

•S 480 IS 

1 Self-Determination and Education Assistance Act 

2 (25 U.S.C. 458aaa et seq.); 

3 (28) in 1974, the Chickahominy Indian Tribe 

4 bought land and built a tribal center using monthly 

5 pledges from tribal members to finance the trans6 actions; 

7 (29) in 1983, the Chickahominy Indian Tribe 

8 was granted recognition as an Indian tribe by the 

9 Commonwealth of Virginia, along with 5 other In10 dian tribes; and 

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

12 special guest at an intertribal Thanksgiving Day 

13 dinner hosted by the Chickahominy Indian Tribe. 

14 SEC. 102. 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. 
9

•S 480 IS 

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

2 Chickahominy Indian Tribe. 

3 SEC. 103. FEDERAL RECOGNITION. 

4 (a) FEDERAL RECOGNITION.—

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

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

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

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

13 and tribal members. 

14 (b) FEDERAL SERVICES AND BENEFITS.—

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

17 shall be eligible for all services and benefits provided 

18 by the Federal Government to federally recognized 

19 Indian tribes without regard to—

20 (A) the existence of a reservation for the 

21 Tribe; or 

22 (B) the location of the residence of any 

23 tribal member on or near any Indian reserva24 tion.
10

•S 480 IS 

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

3 service area of the Tribe shall be considered to be 

4 the area comprised of Charles City County, Virginia. 

5 SEC. 104. 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. 105. 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 

15 accordance with the election procedures specified in 

16 the governing documents of the Tribe. 

17 SEC. 106. RESERVATION OF THE TRIBE. 

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law, if, not later than 25 years after the date of 

20 enactment of this Act, the Tribe transfers to the Secretary 

21 land within the boundaries of the Virginia counties of

22 Charles City, James City, or Henrico, the Secretary shall 

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

24 (b) GAMING.—No reservation or tribal land or land 

25 taken into trust for the benefit of the Tribe shall be eligi-
11

•S 480 IS 

1 ble to satisfy the terms for an exception under section 

2 20(b)(1)(B) of the Indian Gaming Regulatory Act (25 

3 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on 

4 land acquired by the Secretary in trust for the benefit of 

5 an Indian tribe after October 17, 1988, under section 

6 20(a) of that Act (25 U.S.C. 2719(a)). 

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

8 WATER RIGHTS. 

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

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

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

12 TITLE II—CHICKAHOMINY IN13 DIAN TRIBE—EASTERN DIVI14 SION 

15 SEC. 201. FINDINGS. 

16 Congress finds that—

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

18 along the Virginia coastline, the Chickahominy In19 dian Tribe was 1 of about 30 tribes that received 

20 them; 

21 (2) in 1614, the Chickahominy Indian Tribe en22 tered into a treaty with Sir Thomas Dale, Governor 

23 of the Jamestown Colony, under which—
12

•S 480 IS 

1 (A) the Chickahominy Indian Tribe agreed 

2 to provide 2 bushels of corn per man and send 

3 warriors to protect the English; and 

4 (B) Sir Thomas Dale agreed in return to 

5 allow the Tribe to continue to practice its own 

6 tribal governance; 

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

8 the Chickahominy from their homeland to the area 

9 around the York River in present-day King William 

10 County, leading to the formation of a reservation; 

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

12 Queen of Pamunkey signed the Treaty of Middle 

13 Plantation on behalf of the Chickahominy; 

14 (5) in 1702, the Chickahominy were forced 

15 from their reservation, which caused the loss of a 

16 land base; 

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

18 in Williamsburg established a grammar school for 

19 Indians called Brafferton College; 

20 (7) a Chickahominy child was 1 of the first In21 dians to attend Brafferton College; 

22 (8) in 1750, the Chickahominy Indian Tribe 

23 began to migrate from King William County back to 

24 the area around the Chickahominy River in New 

25 Kent and Charles City Counties; 
13

•S 480 IS 

1 (9) in 1793, a Baptist missionary named 

2 Bradby took refuge with the Chickahominy and took 

3 a Chickahominy woman as his wife; 

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

5 modern-day Chickahominy Indian Tribe began to 

6 appear in the Charles City County census records; 

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

8 Indians in New Kent County that is believed to be 

9 the beginning of the Chickahominy Indian Tribe—

10 Eastern Division; 

11 (12) other records were destroyed when the 

12 New Kent County courthouse was burned, leaving a 

13 State census as the only record covering that period; 

14 (13) in 1901, the Chickahominy Indian Tribe 

15 formed Samaria Baptist Church; 

16 (14) from 1901 to 1935, Chickahominy men 

17 were assessed a tribal tax so that their children 

18 could receive an education; 

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

20 to build the first Samaria Indian School, buy sup21 plies, and pay a teacher’s salary; 

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

23 1 through 8 was established in New Kent County for 

24 the Chickahominy Indian Tribe—Eastern Division; 
14

•S 480 IS 

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

2 the Chickahominy Indian Tribe—Eastern Division 

3 began forming a tribal government; 

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

5 was elected to be Chief; 

6 (19) in 1922, Tsena Commocko Baptist Church 

7 was organized; 

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

9 issued to the Chickahominy Indian Tribe—Eastern 

10 Division; 

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

12 Kent County was closed and students were bused to 

13 Samaria Indian School in Charles City County; 

14 (22) in 1967, the Chickahominy Indian Tribe 

15 and the Chickahominy Indian Tribe—Eastern Divi16 sion lost their schools as a result of the required in17 tegration of students; 

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

19 Tsena Commocko Baptist Church built a new sanc20 tuary to accommodate church growth; 

21 (24) in 1983 the Chickahominy Indian Tribe—

22 Eastern Division was granted State recognition 

23 along with 5 other Virginia Indian tribes; 

24 (25) in 1985—
15

•S 480 IS 

1 (A) the Virginia Council on Indians was 

2 organized as a State agency; and 

3 (B) the Chickahominy Indian Tribe—East4 ern Division was granted a seat on the Council; 

5 (26) in 1988, a nonprofit organization known 

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

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

8 Eastern Band of the Chickahominy presently chairs 

9 the organization. 

10 SEC. 202. DEFINITIONS. 

11 In this title: 

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

13 the Secretary of the Interior. 

14 (2) TRIBAL MEMBER.—The term ‘‘tribal mem15 ber’’ means—

16 (A) an individual who is an enrolled mem17 ber of the Tribe as of the date of enactment of 

18 this Act; and 

19 (B) an individual who has been placed on 

20 the membership rolls of the Tribe in accordance 

21 with this title.

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

23 Chickahominy Indian Tribe—Eastern Division. 

24 SEC. 203. FEDERAL RECOGNITION. 

25 (a) FEDERAL RECOGNITION.—
16

•S 480 IS 

1 (1) IN GENERAL.—Federal recognition is ex2 tended to the Tribe. 

3 (2) APPLICABILITY OF LAWS.—All laws (includ4 ing regulations) of the United States of general ap5 plicability to Indians or nations, Indian tribes, or 

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

7 1934 (25 U.S.C. 461 et seq.)) that are not incon8 sistent with this title shall be applicable to the Tribe 

9 and tribal members. 

10 (b) FEDERAL SERVICES AND BENEFITS.—

11 (1) IN GENERAL.—On and after the date of en12 actment of this Act, the Tribe and tribal members 

13 shall be eligible for all future services and benefits 

14 provided by the Federal Government to federally rec15 ognized Indian tribes without regard to—

16 (A) the existence of a reservation for the 

17 Tribe; or 

18 (B) the location of the residence of any 

19 tribal member on or near any Indian reserva20 tion. 

21 (2) SERVICE AREA.—For the purpose of the de22 livery of Federal services to tribal members, the 

23 service area of the Tribe shall be considered to be 

24 the area comprised of New Kent County, Virginia. 
17

•S 480 IS 

1 SEC. 204. MEMBERSHIP; GOVERNING DOCUMENTS. 

2 The membership roll and governing documents of the 

3 Tribe shall be the most recent membership roll and gov4 erning documents, respectively, submitted by the Tribe to 

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

6 SEC. 205. GOVERNING BODY. 

7 The governing body of the Tribe shall be—

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

9 of the date of enactment of this Act; or 

10 (2) any subsequent governing body elected in 

11 accordance with the election procedures specified in 

12 the governing documents of the Tribe. 

13 SEC. 206. RESERVATION OF THE TRIBE. 

14 (a) IN GENERAL.—Notwithstanding any other provi15 sion of law, if, not later than 25 years after the date of 

16 enactment of this Act, the Tribe transfers to the Secretary 

17 any land within the boundaries of New Kent County, 

18 James City County, or Henrico County, Virginia, the Sec19 retary shall take the land into trust for the benefit of the 

20 Tribe. 

21 (b) GAMING.—No reservation or tribal land or land 

22 taken into trust for the benefit of the Tribe shall be eligi23 ble to satisfy the terms for an exception under section 

24 20(b)(1)(B) of the Indian Gaming Regulatory Act (25 

25 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on 

26 land acquired by the Secretary in trust for the benefit of 
18

•S 480 IS 

1 an Indian tribe after October 17, 1988, under section 

2 20(a) of that Act (25 U.S.C. 2719(a)). 

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

4 WATER RIGHTS. 

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

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

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

8 TITLE III—UPPER MATTAPONI 

9 TRIBE 

10 SEC. 301. FINDINGS. 

11 Congress finds that—

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

13 the Chickahominy Indian Tribes—

14 (A) lived approximately 20 miles from 

15 Jamestown; and 

16 (B) were significantly involved in English17 Indian affairs; 

18 (2) Mattaponi Indians, who later joined the 

19 Chickahominy Indians, lived a greater distance from 

20 Jamestown; 

21 (3) in 1646, the Chickahominy Indians moved 

22 to Mattaponi River basin, away from the English; 

23 (4) in 1661, the Chickahominy Indians sold 

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

25 Mattaponi River; 
19

•S 480 IS 

1 (5) in 1669, the Chickahominy Indians—

2 (A) appeared in the Virginia Colony’s cen3 sus of Indian bowmen; and 

4 (B) lived in ‘‘New Kent’’ County, which in5 cluded the Mattaponi River basin at that time; 

6 (6) in 1677, the Chickahominy and Mattaponi 

7 Indians were subjects of the Queen of Pamunkey, 

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

9 King of England; 

10 (7) in 1683, after a Mattaponi town was at11 tacked by Seneca Indians, the Mattaponi Indians 

12 took refuge with the Chickahominy Indians, and the 

13 history of the 2 groups was intertwined for many 

14 years thereafter; 

15 (8) in 1695, the Chickahominy and Mattaponi 

16 Indians—

17 (A) were assigned a reservation by the Vir18 ginia Colony; and 

19 (B) traded land of the reservation for land 

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

21 the date of enactment of this Act, is the 

22 Mattaponi Indian Reservation), which had been 

23 owned by the Mattaponi Indians before 1661; 

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

25 Indian School at the College of William and Mary;
20

•S 480 IS 

1 (10) in 1726, the Virginia Colony discontinued 

2 funding of interpreters for the Chickahominy and 

3 Mattaponi Indian Tribes; 

4 (11) James Adams, who served as an inter5 preter to the Indian tribes known as of the date of 

6 enactment of this Act as the ‘‘Upper Mattaponi In7 dian Tribe’’ and ‘‘Chickahominy Indian Tribe’’, 

8 elected to stay with the Upper Mattaponi Indians; 

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

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

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

12 the Commonwealth of Virginia, mentioned the 

13 Mattaponi Indians on a reservation in King William 

14 County and said that Chickahominy Indians were 

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

16 Pamunkey Indians;

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

18 revealed a nucleus of approximately 10 families, all 

19 ancestral to modern Upper Mattaponi Indians, living 

20 in central King William County, Virginia, approxi21 mately 10 miles from the reservation; 

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

23 King William County marriage records listed Upper 

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

25 on the reservation;
21

•S 480 IS 

1 (16) during the period of 1884 through the 

2 present, county marriage records usually refer to 

3 Upper Mattaponis as ‘‘Indians’’; 

4 (17) in 1901, Smithsonian anthropologist 

5 James Mooney heard about the Upper Mattaponi In6 dians but did not visit them; 

7 (18) in 1928, University of Pennsylvania an8 thropologist Frank Speck published a book on mod9 ern Virginia Indians with a section on the Upper 

10 Mattaponis; 

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

12 the Upper Mattaponi Indians opposed the use of a 

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

14 census and won a compromise in which the Indian 

15 ancestry of the Upper Mattaponis was recorded but 

16 questioned; 

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

18 (A) the leadership of the Upper Mattaponi 

19 Indians, with the help of Frank Speck and oth20 ers, fought against the induction of young men 

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

22 Forces of the United States; and 

23 (B) a tribal roll for the Upper Mattaponi 

24 Indians was compiled; 
22

•S 480 IS 

1 (21) from 1945 to 1946, negotiations took 

2 place to admit some of the young people of the 

3 Upper Mattaponi to high schools for Federal Indians 

4 (especially at Cherokee) because no high school 

5 coursework was available for Indians in Virginia 

6 schools; and 

7 (22) in 1983, the Upper Mattaponi Indians ap8 plied for and won State recognition as an Indian 

9 tribe. 

10 SEC. 302. DEFINITIONS. 

11 In this title: 

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

13 the Secretary of the Interior. 

14 (2) TRIBAL MEMBER.—The term ‘‘tribal mem15 ber’’ means—

16 (A) an individual who is an enrolled mem17 ber of the Tribe as of the date of enactment of 

18 this Act; and 

19 (B) an individual who has been placed on 

20 the membership rolls of the Tribe in accordance 

21 with this title. 

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

23 Upper Mattaponi Tribe. 

24 SEC. 303. FEDERAL RECOGNITION. 

25 (a) FEDERAL RECOGNITION.—
23

•S 480 IS 

1 (1) IN GENERAL.—Federal recognition is ex2 tended to the Tribe. 

3 (2) APPLICABILITY OF LAWS.—All laws (includ4 ing regulations) of the United States of general ap5 plicability to Indians or nations, Indian tribes, or 

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

7 1934 (25 U.S.C. 461 et seq.)) that are not incon8 sistent with this title shall be applicable to the Tribe 

9 and tribal members. 

10 (b) FEDERAL SERVICES AND BENEFITS.—

11 (1) IN GENERAL.—On and after the date of en12 actment of this Act, the Tribe and tribal members 

13 shall be eligible for all services and benefits provided 

14 by the Federal Government to federally recognized 

15 Indian tribes without regard to—

16 (A) the existence of a reservation for the 

17 Tribe; or 

18 (B) the location of the residence of any 

19 tribal member on or near any Indian reserva20 tion. 

21 (2) SERVICE AREA.—For the purpose of the de22 livery of Federal services to tribal members, the 

23 service area of the Tribe shall be considered to be 

24 the area within 25 miles of the Sharon Indian 
24

•S 480 IS 

1 School at 13383 King William Road, King William, 

2 Virginia. 

3 SEC. 304. 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. 305. 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 

13 accordance with the election procedures specified in 

14 the governing documents of the Tribe. 

15 SEC. 306. RESERVATION OF THE TRIBE. 

16 (a) IN GENERAL.—Notwithstanding any other provi17 sion of law, if, not later than 25 years after the date of 

18 enactment of this Act, the Tribe transfers to the Secretary 

19 land within the boundaries of King William County, Vir20 ginia, the Secretary shall take the land into trust for the 

21 benefit of the Tribe. 

22 (b) GAMING.—No reservation or tribal land or land 

23 taken into trust for the benefit of the Tribe shall be eligi24 ble to satisfy the terms for an exception under section 

25 20(b)(1)(B) of the Indian Gaming Regulatory Act (25
25

•S 480 IS 

1 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on 

2 land acquired by the Secretary in trust for the benefit of 

3 an Indian tribe after October 17, 1988, under section 

4 20(a) of that Act (25 U.S.C. 2719(a)). 

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

6 WATER RIGHTS. 

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

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

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

10 TITLE IV—RAPPAHANNOCK 

11 TRIBE, INC. 

12 SEC. 401. FINDINGS. 

13 Congress finds that—

14 (1) during the initial months after Virginia was 

15 settled, the Rappahannock Indians had 3 encounters 

16 with Captain John Smith; 

17 (2) the first encounter occurred when the Rap18 pahannock weroance (headman)—

19 (A) traveled to Quiyocohannock (a prin20 cipal town across the James River from James21 town), where he met with Smith to determine 

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

23 had previously sailed into the Rappahannock 

24 River, killed a Rappahannock weroance, and 

25 kidnapped Rappahannock people; and 
26

•S 480 IS 

1 (B) determined that Smith was too short 

2 to be that ‘‘great man’’;

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

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

5 Smith was taken to the Rappahannock principal vil6 lage to show the people that Smith was not the 

7 ‘‘great man’’; 

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

9 exploration of the Chesapeake Bay (July to Sep10 tember 1608), when, after the Moraughtacund Indi11 ans had stolen 3 women from the Rappahannock 

12 King, Smith was prevailed upon to facilitate a peace13 ful truce between the Rappahannock and the 

14 Moraughtacund Indians; 

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

16 tribes meet on the spot of their first fight; 

17 (6) when it was established that both groups 

18 wanted peace, Smith told the Rappahannock King to 

19 select which of the 3 stolen women he wanted; 

20 (7) the Moraughtacund King was given second 

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

22 Wighcocomoco (on the Potomac River) guide, was 

23 given the third woman; 

24 (8) in 1645, Captain William Claiborne tried 

25 unsuccessfully to establish treaty relations with the 
27

•S 480 IS 

1 Rappahannocks, as the Rappahannocks had not par2 ticipated in the Pamunkey-led uprising in 1644, and 

3 the English wanted to ‘‘treat with the 

4 Rappahannocks or any other Indians not in amity 

5 with Opechancanough, concerning serving the county 

6 against the Pamunkeys’’; 

7 (9) in April 1651, the Rappahannocks conveyed 

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

9 Fauntleroy; 

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

11 Accopatough, weroance of the Rappahannock Indi12 ans; 

13 (11) in September 1653, Lancaster County 

14 signed a treaty with Rappahannock Indians, the 

15 terms of which treaty—

16 (A) gave Rappahannocks the rights of 

17 Englishmen in the county court; and 

18 (B) attempted to make the Rappahannocks 

19 more accountable under English law; 

20 (12) in September 1653, Lancaster County de21 fined and marked the bounds of its Indian settle22 ments; 

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

24 ‘‘the tribe called the great Rappahannocks lived on 
28

•S 480 IS 

1 the Rappahannock Creek just across the river above 

2 Tappahannock’’; 

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

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

5 Act, is comprised of Richmond and Essex Counties, 

6 Virginia) signed a treaty with Rappahannock Indi7 ans that—

8 (A) mirrored the Lancaster County treaty 

9 from 1653; and 

10 (B) stated that—

11 (i) Rappahannocks were to be re12 warded, in Roanoke, for returning English 

13 fugitives; and 

14 (ii) the English encouraged the 

15 Rappahannocks to send their children to 

16 live among the English as servants, who 

17 the English promised would be well-treat18 ed; 

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

20 1652 Act stating that ‘‘there be no grants of land 

21 to any Englishman whatsoever de futuro until the 

22 Indians be first served with the proportion of 50 

23 acres of land for each bowman’’; 

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

25 Virginia Indians; 
29

•S 480 IS 

1 (17) as of the date of that census—

2 (A) the majority of the Rappahannocks 

3 were residing at their hunting village on the 

4 north side of the Mattaponi River; and 

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

6 were counting only the Indian tribes along the 

7 rivers, which explains why only 30 Rappahan8 nock bowmen were counted on that river; 

9 (18) the Rappahannocks used the hunting vil10 lage on the north side of the Mattaponi River as 

11 their primary residence until the Rappahannocks 

12 were removed in 1684; 

13 (19) in May 1677, the Treaty of Middle Planta14 tion was signed with England; 

15 (20) the Pamunkey Queen Cockacoeske signed 

16 on behalf of the Rappahannocks, ‘‘who were sup17 posed to be her tributaries’’, but before the treaty 

18 could be ratified, the Queen of Pamunkey com19 plained to the Virginia Colonial Council ‘‘that she 

20 was having trouble with Rappahannocks and 

21 Chickahominies, supposedly tributaries of hers’’; 

22 (21) in November 1682, the Virginia Colonial 

23 Council established a reservation for the Rappahan24 nock Indians of 3,474 acres ‘‘about the town where 

25 they dwelt’’;
30

•S 480 IS 

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 both Indian and English settlements, the 

11 Virginia Colonial Council ordered the 

12 Rappahannocks to leave their reservation and unite

13 with the Nanzatico Indians at Nanzatico Indian 

14 Town, which was located across and up the Rappa15 hannock River some 30 miles; 

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) in 1706, by order of Essex County, Lieu21 tenant Richard Covington ‘‘escorted’’ the 

22 Portobaccos and Rappahannocks out of Portobacco 

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

24 and Queen County where they settled along the 

25 ridgeline between the Rappahannock and Mattaponi
31

•S 480 IS 

1 Rivers, the site of their ancient hunting village and 

2 1682 reservation; 

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

4 were raised on Thomas Nelson’s Bleak Hill Planta5 tion in King William County; 

6 (28) of those girls—

7 (A) 1 married a Saunders man; 

8 (B) 1 married a Johnson man; and 

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

10 Nelson, fathered by Thomas Cary Nelson; 

11 (29) in the 19th century, those Saunders, John12 son, and Nelson families are among the core Rappa13 hannock families from which the modern Tribe 

14 traces its descent; 

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

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

17 and Carter Spurlock (all Rappahannock ancestors) 

18 were listed on the tax roles of King and Queen 

19 County and taxed at the county poor rate; 

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

21 in 1821; 

22 (32) those tax records are significant docu23 mentation because the great majority of pre-1864 

24 records for King and Queen County were destroyed 

25 by fire; 
32

•S 480 IS 

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 member9 ship roster, the number of surnames listed had de10 clined to 12 in 1878 and had risen only slightly to 

11 14 by 1888; 

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

13 a Methodist circuit rider, Joseph Mastin, secured 

14 funds to purchase land and construct St. Stephens 

15 Baptist Church for the Rappahannocks living nearby 

16 in Caroline County; 

17 (37) Mastin referred to the Rappahannocks 

18 during the period of 1850 to 1870 as ‘‘Indians, hav19 ing a great need for moral and Christian guidance’’; 

20 (38) St. Stephens was the dominant tribal 

21 church until the Rappahannock Indian Baptist 

22 Church was established in 1964; 

23 (39) at both churches, the core Rappahannock 

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

25 Nelson, Parker, and Richardson predominate; 
33

•S 480 IS 

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

2 noted anthropologist, maintained correspondence 

3 with the Rappahannocks, surveying them and in4 structing them on how to formalize their tribal gov5 ernment; 

6 (41) in November 1920, Speck visited the 

7 Rappahannocks and assisted them in organizing the 

8 fight for their sovereign rights; 

9 (42) in 1921, the Rappahannocks were granted 

10 a charter from the Commonwealth of Virginia for11 malizing their tribal government; 

12 (43) Speck began a professional relationship 

13 with the Tribe that would last more than 30 years 

14 and document Rappahannock history and traditions 

15 as never before; 

16 (44) in April 1921, Rappahannock Chief 

17 George Nelson asked the Governor of Virginia, 

18 Westmoreland Davis, to forward a proclamation to 

19 the President of the United States, along with an 

20 appended list of tribal members and a handwritten 

21 copy of the proclamation itself; 

22 (45) the letter concerned Indian freedom of 

23 speech and assembly nationwide; 

24 (46) in 1922, the Rappahannocks established a 

25 formal school at Lloyds, Essex County, Virginia; 
34

•S 480 IS 

1 (47) prior to establishment of the school, Rap2 pahannock children were taught by a tribal member 

3 in Central Point, Caroline County, Virginia; 

4 (48) in December 1923, Rappahannock Chief 

5 George Nelson testified before Congress appealing 

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

7 school in Virginia; 

8 (49) in 1930, the Rappahannocks were engaged 

9 in an ongoing dispute with the Commonwealth of 

10 Virginia and the United States Census Bureau 

11 about their classification in the 1930 Federal cen12 sus; 

13 (50) in January 1930, Rappahannock Chief 

14 Otho S. Nelson wrote to Leon Truesdell, Chief Stat15 istician of the United States Census Bureau, asking 

16 that the 218 enrolled Rappahannocks be listed as 

17 Indians; 

18 (51) in February 1930, Truesdell replied to 

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

20 given about classifying Indians; 

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

22 Steuart at the Census Bureau asking about the enu23 merators’ failure to classify his people as Indians, 

24 saying that enumerators had not asked the question 

25 about race when they interviewed his people;
35

•S 480 IS 

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

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

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

4 the race question was completely avoided during 

5 interviews; 

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 

10 Indians 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 peo13 ple of Indian descent could be classified as ‘‘Indian’’ 

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

15 identity was accepted in the local community; 

16 (57) the Virginia Vital Statistics Bureau 

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

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

19 for the Rappahannocks; 

20 (58) therefore, in 1925, the Indian Rights As21 sociation took on the Rappahannock case to assist 

22 the Rappahannocks in fighting for their recognition 

23 and rights as an Indian tribe; 

24 (59) during the Second World War, the 

25 Pamunkeys, Mattaponis, Chickahominies, and
36

•S 480 IS 

1 Rappahannocks had to fight the draft boards with 

2 respect 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 

12 were approximately 25 communities of Indians left 

13 in the Eastern United States that were entitled to 

14 Indian classification, including the Rappahannocks; 

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

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

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

21 Rappahannocks on a list of Indian tribes classified 

22 by State and by agency; 

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

25 Gilbert entitled, ‘‘Surviving Indian Groups of the 
37

•S 480 IS 

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

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

4 Rappahannocks operated a school at Indian Neck; 

5 (67) the 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 ex11 ecutive order of the Governor of Virginia; 

12 (69) in 1972, the Rappahannocks worked with 

13 the Coalition of Eastern Native Americans to fight 

14 for Federal recognition; 

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

18 (71) in 1980, the Rappahannocks received 

19 funding through the Administration for Native 

20 Americans of the State of Virginia to develop an 

21 economic program for the Tribe; and 

22 (72) in 1983, the Rappahannocks received 

23 State recognition as an Indian tribe. 

24 SEC. 402. DEFINITIONS. 

25 In this title: 
38

•S 480 IS 

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’’ 

13 means the organization possessing the legal 

14 name Rappahannock 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 ap25 plicability to Indians or nations, Indian tribes, or 
39

•S 480 IS 

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

2 1934 (25 U.S.C. 461 et seq.)) that are not incon3 sistent with this title shall be applicable to the Tribe 

4 and tribal 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 

10 Indian 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 

14 tribal member on or near any Indian reserva15 tion. 

16 (2) SERVICE AREA.—For the purpose of the de17 livery of Federal services to tribal members, the 

18 service area of the Tribe shall be considered to be 

19 the area comprised of King and Queen, Caroline, 

20 and Essex Counties, 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.
40

•S 480 IS 

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 

6 accordance with the election procedures specified in 

7 the governing documents of the Tribe.

8 SEC. 406. RESERVATION OF THE TRIBE. 

9 (a) IN GENERAL.—Notwithstanding any other provi10 sion of law, if the Tribe transfers the land described in 

11 subsection (b) and any other land within the boundaries 

12 of King and Queen County, Essex County, and Caroline 

13 County, Virginia, to the Secretary, the Secretary shall 

14 take such land into trust for the benefit of the Tribe.

15 (b) GAMING.—No reservation or tribal land or land 

16 taken into trust for the benefit of the Tribe shall be eligi17 ble to satisfy the terms for an exception under section 

18 20(b)(1)(B) of the Indian Gaming Regulatory Act (25 

19 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on 

20 land acquired by the Secretary in trust for the benefit of 

21 an Indian tribe after October 17, 1988, under section 

22 20(a) of that Act (25 U.S.C. 2719(a)).
41

•S 480 IS 

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

2 WATER RIGHTS. 

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

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

5 water 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 

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; 
42

•S 480 IS 

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 Mis-
43

•S 480 IS 

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 under the Job Training Partnership Act (29 

23 U.S.C. 1501 et seq.); 

24 (18) in 1989, the Monacan Tribe was recog25 nized by the State of Virginia, which enabled the 
44

•S 480 IS 

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 ap-
45

•S 480 IS 

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 gov-
46

•S 480 IS 

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.—Notwithstanding any other provi12 sion of law, if the Tribe transfers to the Secretary a parcel 

13 of land consisting of approximately 10 acres located on 

14 Kenmore Road in Amherst County, Virginia, and a parcel 

15 of land consisting of approximately 165 acres located at 

16 the foot of Bear Mountain in Amherst County, Virginia, 

17 the Secretary shall take the land into trust for the benefit 

18 of the Tribe. 

19 (b) GAMING.—No reservation or tribal land or land 

20 taken into trust for the benefit of the Tribe shall be eligi21 ble to satisfy the terms for an exception under section 

22 20(b)(1)(B) of the Indian Gaming Regulatory Act (25 

23 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on 

24 land acquired by the Secretary in trust for the benefit of 
47

•S 480 IS 

1 an Indian tribe after October 17, 1988, under section 

2 20(a) of that Act (25 U.S.C. 2719(a)). 

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

4 WATER RIGHTS. 

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

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

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

8 TITLE VI—NANSEMOND INDIAN 

9 TRIBE 

10 SEC. 601. FINDINGS. 

11 Congress finds that—

12 (1) from 1607 until 1646, Nansemond Indi13 ans—

14 (A) lived approximately 30 miles from 

15 Jamestown; and 

16 (B) were significantly involved in English17 Indian affairs; 

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

19 Nansemonds in communication with each other, the 

20 Christianized Nansemonds in Norfolk County, who 

21 lived as citizens, and the traditionalist Nansemonds, 

22 who lived further west; 

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

24 century sermon book still owned by the Chief’s fam-
48

•S 480 IS 

1 ily, a Norfolk County Englishman married a 

2 Nansemond woman; 

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

4 all of members of the Nansemond Indian tribe alive 

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

6 of the traditionalist Nansemonds; 

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

9 bowmen; 

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

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

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

16 Iroquois; 

17 (8) Virginia represented those Indian tribes in 

18 the final Treaty of Albany, 1722; 

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

21 (10) in 1727, Norfolk County granted William 

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

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

25 their Nansemond ancestry, which meant that Bass 
49

•S 480 IS 

1 and his kinsmen were original inhabitants of that 

2 land; 

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

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

7 west of the Christianized Nansemonds, was dealing 

8 with reservation land; 

9 (13) the last surviving members of that section 

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

11 Virginia; 

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

14 English descent, and that his Indian line of ancestry 

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

16 a traditionalist section of Nansemonds on the res17 ervation; 

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

19 people of European and Indian descent to obtain a 

20 special certificate of ancestry; 

21 (16) the law originated from the county in 

22 which Nansemonds lived, and mostly Nansemonds, 

23 with a few people from other counties, took advan24 tage of the new law;
50

•S 480 IS 

1 (17) a Methodist mission established around 

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

4 (18) in 1901, Smithsonian anthropologist 

5 James Mooney—

6 (A) visited the Nansemonds; and

7 (B) completed a tribal census that counted 

8 61 households and was later published; 

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

10 Indian school in the segregated school system of 

11 Norfolk County; 

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

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

16 Nansemonds; and 

17 (22) the Nansemonds were organized formally, 

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

19 and received State recognition. 

20 SEC. 602. DEFINITIONS. 

21 In this title: 

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

23 the Secretary of the Interior. 

24 (2) TRIBAL MEMBER.—The term ‘‘tribal mem25 ber’’ means—
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1 (A) an individual who is an enrolled mem2 ber of the Tribe as of the date of enactment of 

3 this Act; and 

4 (B) an individual who has been placed on 

5 the membership rolls of the Tribe in accordance 

6 with this title. 

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

8 Nansemond Indian Tribe. 

9 SEC. 603. FEDERAL RECOGNITION. 

10 (a) FEDERAL RECOGNITION.—

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

13 (2) APPLICABILITY OF LAWS.—All laws (includ14 ing regulations) of the United States of general ap15 plicability to Indians or nations, Indian tribes, or 

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

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

19 and tribal members. 

20 (b) FEDERAL SERVICES AND BENEFITS.—

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

23 shall be eligible for all services and benefits provided 

24 by the Federal Government to federally recognized 

25 Indian tribes without regard to—
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•S 480 IS 

1 (A) the existence of a reservation for the 

2 Tribe; or 

3 (B) the location of the residence of any 

4 tribal member on or near any Indian reserva5 tion. 

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

8 service area of the Tribe shall be considered to be 

9 the area comprised of the cities of Chesapeake, 

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

12 SEC. 604. MEMBERSHIP; GOVERNING DOCUMENTS. 

13 (a) IN GENERAL.—Not later than 18 months after 

14 the date of enactment of this Act, the Tribe shall submit 

15 to the Secretary a membership roll consisting of all indi16 viduals currently enrolled for membership in the Tribe. 

17 (b) QUALIFICATIONS.—The qualifications for inclu18 sion on the membership roll of the Tribe shall be deter19 mined by the Tribe in accordance with the membership 

20 clauses in the governing document of the Tribe and in con21 sultation with the Secretary. 

22 (c) PUBLICATION.—Not later than 90 days after the 

23 date of enactment of this Act, the Secretary shall publish 

24 in the Federal Register notice of the membership roll of 

25 the Tribe. 
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1 (d) MAINTENANCE OF MEMBERSHIP ROLL.—The 

2 Tribe shall ensure that the membership roll of the Tribe 

3 is maintained and kept current. 

4 SEC. 605. GOVERNING DOCUMENTS. 

5 The governing documents of the Tribe in effect on 

6 the date of enactment of this Act shall be the interim gov7 erning documents for the Tribe until those documents are 

8 modified in accordance with the documents. 

9 SEC. 606. 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 

14 accordance with the election procedures specified in 

15 the governing documents of the Tribe. 

16 SEC. 607. RESERVATION OF THE TRIBE. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, if the Tribe transfers any land acquired by 

19 the Tribe to the Secretary, the Secretary may take the 

20 land into trust for the benefit of the Tribe. 

21 (b) GAMING.—No reservation or tribal land or land 

22 taken into trust for the benefit of the Tribe shall be eligi23 ble to satisfy the terms for an exception under section 

24 20(b)(1)(B) of the Indian Gaming Regulatory Act (25 

25 U.S.C. 2719(b)(1)(B)) to the prohibition on gaming on 
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1 land acquired by the Secretary in trust for the benefit of 

2 an Indian tribe after October 17, 1988, under section 

3 20(a) of that Act (25 U.S.C. 2719(a)). 

4 SEC. 608. HUNTING, FISHING, TRAPPING, GATHERING, AND 

5 WATER RIGHTS. 

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

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

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

Æ