IIB 
111TH CONGRESS 
1ST SESSION H. R. 1385 
IN THE SENATE OF THE UNITED STATES 
JUNE 4, 2009 
Received; read twice and referred to the Committee on Indian Affairs 
AN ACT 
To extend Federal recognition to the Chickahominy Indian 
Tribe, the Chickahominy Indian Tribe—Eastern Divi-
sion, the Upper Mattaponi Tribe, the Rappahannock 
Tribe, Inc., the Monacan Indian Nation, and the 
Nansemond Indian Tribe. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Thomasina E. Jordan Indian Tribes of Virginia Federal 
Recognition Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—CHICKAHOMINY INDIAN TRIBE 
Sec. 101. Findings. 
Sec. 102. Definitions. 
Sec. 103. Federal recognition. 
Sec. 104. Membership; governing documents. 
Sec. 105. Governing body. 
Sec. 106. Reservation of the Tribe. 
Sec. 107. Hunting, fishing, trapping, gathering, and water rights. 
Sec. 108. Jurisdiction of Commonwealth of Virginia. 
TITLE II—CHICKAHOMINY INDIAN TRIBE—EASTERN DIVISION 
Sec. 201. Findings. 
Sec. 202. Definitions. 
Sec. 203. Federal recognition. 
Sec. 204. Membership; governing documents. 
Sec. 205. Governing body. 
Sec. 206. Reservation of the Tribe. 
Sec. 207. Hunting, fishing, trapping, gathering, and water rights. 
Sec. 208. Jurisdiction of Commonwealth of Virginia. 
TITLE III—UPPER MATTAPONI TRIBE 
Sec. 301. Findings. 
Sec. 302. Definitions. 
Sec. 303. Federal recognition. 
Sec. 304. Membership; governing documents. 
Sec. 305. Governing body. 
Sec. 306. Reservation of the Tribe. 
Sec. 307. Hunting, fishing, trapping, gathering, and water rights. 
Sec. 308. Jurisdiction of Commonwealth of Virginia. 
TITLE IV—RAPPAHANNOCK TRIBE, INC. 
Sec. 401. Findings. 
Sec. 402. Definitions. 
Sec. 403. Federal recognition. 
Sec. 404. Membership; governing documents. 
Sec. 405. Governing body. 
Sec. 406. Reservation of the Tribe. 
Sec. 407. Hunting, fishing, trapping, gathering, and water rights. 
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Sec. 408. Jurisdiction of Commonwealth of Virginia. 
TITLE V—MONACAN INDIAN NATION 
Sec. 501. Findings. 
Sec. 502. Definitions. 
Sec. 503. Federal recognition. 
Sec. 504. Membership; governing documents. 
Sec. 505. Governing body. 
Sec. 506. Reservation of the Tribe. 
Sec. 507. Hunting, fishing, trapping, gathering, and water rights. 
Sec. 508. Jurisdiction of Commonwealth of Virginia. 
TITLE VI—NANSEMOND INDIAN TRIBE 
Sec. 601. Findings. 
Sec. 602. Definitions. 
Sec. 603. Federal recognition. 
Sec. 604. Membership; governing documents. 
Sec. 605. Governing body. 
Sec. 606. Reservation of the Tribe. 
Sec. 607. Hunting, fishing, trapping, gathering, and water rights. 
Sec. 608. Jurisdiction of Commonwealth of Virginia. 
TITLE I—CHICKAHOMINY 
INDIAN TRIBE 
SEC. 101. FINDINGS. 
Congress finds that— 
(1) in 1607, when the English settlers set shore 
along the Virginia coastline, the Chickahominy In-
dian Tribe was 1 of about 30 tribes that received 
them; 
(2) in 1614, the Chickahominy Indian Tribe en-
tered into a treaty with Sir Thomas Dale, Governor 
of the Jamestown Colony, under which— 
(A) the Chickahominy Indian Tribe agreed 
to provide 2 bushels of corn per man and send 
warriors to protect the English; and 
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(B) Sir Thomas Dale agreed in return to 
allow the Tribe to continue to practice its own 
tribal governance; 
(3) in 1646, a treaty was signed which forced 
the Chickahominy from their homeland to the area 
around the York Mattaponi River in present-day 
King William County, leading to the formation of a 
reservation; 
(4) in 1677, following Bacon’s Rebellion, the 
Queen of Pamunkey signed the Treaty of Middle 
Plantation on behalf of the Chickahominy; 
(5) in 1702, the Chickahominy were forced 
from their reservation, which caused the loss of a 
land base; 
(6) in 1711, the College of William and Mary 
in Williamsburg established a grammar school for 
Indians called Brafferton College; 
(7) a Chickahominy child was 1 of the first In-
dians to attend Brafferton College; 
(8) in 1750, the Chickahominy Indian Tribe 
began to migrate from King William County back to 
the area around the Chickahominy River in New 
Kent and Charles City Counties; 
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(9) in 1793, a Baptist missionary named 
Bradby took refuge with the Chickahominy and took 
a Chickahominy woman as his wife; 
(10) in 1831, the names of the ancestors of the 
modern-day Chickahominy Indian Tribe began to 
appear in the Charles City County census records; 
(11) in 1901, the Chickahominy Indian Tribe 
formed Samaria Baptist Church; 
(12) from 1901 to 1935, Chickahominy men 
were assessed a tribal tax so that their children 
could receive an education; 
(13) the Tribe used the proceeds from the tax 
to build the first Samaria Indian School, buy sup-
plies, and pay a teacher’s salary; 
(14) in 1919, C. Lee Moore, Auditor of Public 
Accounts for Virginia, told Chickahominy Chief 
O.W. Adkins that he had instructed the Commis-
sioner of Revenue for Charles City County to record 
Chickahominy tribal members on the county tax rolls 
as Indian, and not as white or colored; 
(15) during the period of 1920 through 1930, 
various Governors of the Commonwealth of Virginia 
wrote letters of introduction for Chickahominy 
Chiefs who had official business with Federal agen-
cies in Washington, DC; 
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ical accident’’, but was ‘‘interested in them as de-
scendants of the original inhabitants of the region’’; 
(21) in 1948, the Veterans’ Education Com-
mittee of the Virginia State Board of Education ap-
proved Samaria Indian School to provide training to 
veterans; 
(22) that school was established and run by the 
Chickahominy Indian Tribe; 
(23) in 1950, the Chickahominy Indian Tribe 
purchased and donated to the Charles City County 
School Board land to be used to build a modern 
school for students of the Chickahominy and other 
Virginia Indian tribes; 
(24) the Samaria Indian School included stu-
dents in grades 1 through 8; 
(25) in 1961, Senator Sam Ervin, Chairman of 
the Subcommittee on Constitutional Rights of the 
Committee on the Judiciary of the Senate, requested 
Chickahominy Chief O.O. Adkins to provide assist-
ance in analyzing the status of the constitutional 
rights of Indians ‘‘in your area’’; 
(26) in 1967, the Charles City County school 
board closed Samaria Indian School and converted 
the school to a countywide primary school as a step 
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toward full school integration of Indian and non-In-
dian students; 
(27) in 1972, the Charles City County school 
board began receiving funds under the Indian Self- 
Determination and Education Assistance Act (25 
U.S.C. 458aa et seq.) on behalf of Chickahominy 
students, which funding is provided as of the date 
of enactment of this Act under title V of the Indian 
Self-Determination and Education Assistance Act 
(25 U.S.C. 458aaa et seq.); 
(28) in 1974, the Chickahominy Indian Tribe 
bought land and built a tribal center using monthly 
pledges from tribal members to finance the trans-
actions; 
(29) in 1983, the Chickahominy Indian Tribe 
was granted recognition as an Indian tribe by the 
Commonwealth of Virginia, along with 5 other In-
dian tribes; and 
(30) in 1985, Governor Gerald Baliles was the 
special guest at an intertribal Thanksgiving Day 
dinner hosted by the Chickahominy Indian Tribe. 
SEC. 102. DEFINITIONS. 
In this title: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
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(2) TRIBAL MEMBER.—The term ‘‘tribal mem-
ber’’ means— 
(A) an individual who is an enrolled mem-
ber of the Tribe as of the date of enactment of 
this Act; and 
(B) an individual who has been placed on 
the membership rolls of the Tribe in accordance 
with this title. 
(3) TRIBE.—The term ‘‘Tribe’’ means the 
Chickahominy Indian Tribe. 
SEC. 103. FEDERAL RECOGNITION. 
(a) FEDERAL RECOGNITION.— 
(1) IN
GENERAL.—Federal recognition is ex-
tended to the Tribe. 
(2) APPLICABILITY OF LAWS.—All laws (includ-
ing regulations) of the United States of general ap-
plicability to Indians or nations, Indian tribes, or 
bands of Indians (including the Act of June 18, 
1934 (25 U.S.C. 461 et seq.)) that are not incon-
sistent with this title shall be applicable to the Tribe 
and tribal members. 
(b) FEDERAL SERVICES AND BENEFITS.— 
(1) IN GENERAL.—On and after the date of en-
actment of this Act, the Tribe and tribal members 
shall be eligible for all services and benefits provided 
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by the Federal Government to federally recognized 
Indian tribes without regard to the existence of a 
reservation for the Tribe. 
(2) SERVICE AREA.—For the purpose of the de-
livery of Federal services to tribal members, the 
service area of the Tribe shall be considered to be 
the area comprised of New Kent County, James City 
County, Charles City County, and Henrico County, 
Virginia. 
SEC. 104. MEMBERSHIP; GOVERNING DOCUMENTS. 
The membership roll and governing documents of the 
Tribe shall be the most recent membership roll and gov-
erning documents, respectively, submitted by the Tribe to 
the Secretary before the date of enactment of this Act. 
SEC. 105. GOVERNING BODY. 
The governing body of the Tribe shall be— 
(1) the governing body of the Tribe in place as 
of the date of enactment of this Act; or 
(2) any subsequent governing body elected in 
accordance with the election procedures specified in 
the governing documents of the Tribe. 
SEC. 106. RESERVATION OF THE TRIBE. 
(a) IN GENERAL.—Upon the request of the Tribe, the 
Secretary of the Interior— 
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(1) shall take into trust for the benefit of the 
Tribe any land held in fee by the Tribe that was ac-
quired by the Tribe on or before January 1, 2007, 
if such lands are located within the boundaries of 
New Kent County, James City County, Charles City 
County, or Henrico County, Virginia; and 
(2) may take into trust for the benefit of the 
Tribe any land held in fee by the Tribe, if such 
lands are located within the boundaries of New Kent 
County, James City County, Charles City County, or 
Henrico County, Virginia. 
(b) DEADLINE
FOR DETERMINATION.—The Sec-
retary shall make a final written determination not later 
than three years of the date which the Tribe submits a 
request for land to be taken into trust under subsection 
(a)(2) and shall immediately make that determination 
available to the Tribe. 
(c) RESERVATION STATUS.—Any land taken into 
trust for the benefit of the Tribe pursuant to this para-
graph shall, upon request of the Tribe, be considered part 
of the reservation of the Tribe. 
(d) GAMING.—The Tribe may not conduct gaming ac-
tivities as a matter of claimed inherent authority or under 
the authority of any Federal law, including the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under 
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any regulations thereunder promulgated by the Secretary 
or the National Indian Gaming Commission. 
SEC. 107. HUNTING, FISHING, TRAPPING, GATHERING, AND 
WATER RIGHTS. 
Nothing in this title expands, reduces, or affects in 
any manner any hunting, fishing, trapping, gathering, or 
water rights of the Tribe and members of the Tribe. 
SEC. 108. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 
(a) IN GENERAL.—The Commonwealth of Virginia 
shall exercise jurisdiction over— 
(1) all criminal offenses that are committed on; 
and 
(2) all civil actions that arise on, 
lands located within the Commonwealth of Virginia that 
are owned by, or held in trust by the United States for, 
the Tribe. 
(b) ACCEPTANCE OF STATE JURISDICTION BY SEC-
RETARY.—The Secretary of the Interior is authorized to 
accept on behalf of the United States, after consulting 
with the Attorney General of the United States, all or any 
portion of the jurisdiction of the Commonwealth of Vir-
ginia described in subsection (a) upon verification by the 
Secretary of a certification by a tribe that it possesses the 
capacity to reassume such jurisdiction. 
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TITLE 
II—CHICKAHOMINY 
IN-
DIAN TRIBE—EASTERN DIVI-
SION 
SEC. 201. FINDINGS. 
Congress finds that— 
(1) in 1607, when the English settlers set shore 
along the Virginia coastline, the Chickahominy In-
dian Tribe was 1 of about 30 tribes that received 
them; 
(2) in 1614, the Chickahominy Indian Tribe en-
tered into a treaty with Sir Thomas Dale, Governor 
of the Jamestown Colony, under which— 
(A) the Chickahominy Indian Tribe agreed 
to provide 2 bushels of corn per man and send 
warriors to protect the English; and 
(B) Sir Thomas Dale agreed in return to 
allow the Tribe to continue to practice its own 
tribal governance; 
(3) in 1646, a treaty was signed which forced 
the Chickahominy from their homeland to the area 
around the York River in present-day King William 
County, leading to the formation of a reservation; 
(4) in 1677, following Bacon’s Rebellion, the 
Queen of Pamunkey signed the Treaty of Middle 
Plantation on behalf of the Chickahominy; 
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(5) in 1702, the Chickahominy were forced 
from their reservation, which caused the loss of a 
land base; 
(6) in 1711, the College of William and Mary 
in Williamsburg established a grammar school for 
Indians called Brafferton College; 
(7) a Chickahominy child was 1 of the first In-
dians to attend Brafferton College; 
(8) in 1750, the Chickahominy Indian Tribe 
began to migrate from King William County back to 
the area around the Chickahominy River in New 
Kent and Charles City Counties; 
(9) in 1793, a Baptist missionary named 
Bradby took refuge with the Chickahominy and took 
a Chickahominy woman as his wife; 
(10) in 1831, the names of the ancestors of the 
modern-day Chickahominy Indian Tribe began to 
appear in the Charles City County census records; 
(11) in 1870, a census revealed an enclave of 
Indians in New Kent County that is believed to be 
the beginning of the Chickahominy Indian Tribe— 
Eastern Division; 
(12) other records were destroyed when the 
New Kent County courthouse was burned, leaving a 
State census as the only record covering that period; 
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(13) in 1901, the Chickahominy Indian Tribe 
formed Samaria Baptist Church; 
(14) from 1901 to 1935, Chickahominy men 
were assessed a tribal tax so that their children 
could receive an education; 
(15) the Tribe used the proceeds from the tax 
to build the first Samaria Indian School, buy sup-
plies, and pay a teacher’s salary; 
(16) in 1910, a 1-room school covering grades 
1 through 8 was established in New Kent County for 
the Chickahominy Indian Tribe—Eastern Division; 
(17) during the period of 1920 through 1921, 
the Chickahominy Indian Tribe—Eastern Division 
began forming a tribal government; 
(18) E.P. Bradby, the founder of the Tribe, 
was elected to be Chief; 
(19) in 1922, Tsena Commocko Baptist Church 
was organized; 
(20) in 1925, a certificate of incorporation was 
issued to the Chickahominy Indian Tribe—Eastern 
Division; 
(21) in 1950, the 1-room Indian school in New 
Kent County was closed and students were bused to 
Samaria Indian School in Charles City County; 
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(22) in 1967, the Chickahominy Indian Tribe 
and the Chickahominy Indian Tribe—Eastern Divi-
sion lost their schools as a result of the required in-
tegration of students; 
(23) during the period of 1982 through 1984, 
Tsena Commocko Baptist Church built a new sanc-
tuary to accommodate church growth; 
(24) in 1983 the Chickahominy Indian Tribe— 
Eastern Division was granted State recognition 
along with 5 other Virginia Indian tribes; 
(25) in 1985— 
(A) the Virginia Council on Indians was 
organized as a State agency; and 
(B) the Chickahominy Indian Tribe—East-
ern Division was granted a seat on the Council; 
(26) in 1988, a nonprofit organization known 
as the ‘‘United Indians of Virginia’’ was formed; and 
(27) Chief Marvin ‘‘Strongoak’’ Bradby of the 
Eastern Band of the Chickahominy presently chairs 
the organization. 
SEC. 202. DEFINITIONS. 
In this title: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
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(2) TRIBAL MEMBER.—The term ‘‘tribal mem-
ber’’ means— 
(A) an individual who is an enrolled mem-
ber of the Tribe as of the date of enactment of 
this Act; and 
(B) an individual who has been placed on 
the membership rolls of the Tribe in accordance 
with this title. 
(3) TRIBE.—The term ‘‘Tribe’’ means the 
Chickahominy Indian Tribe—Eastern Division. 
SEC. 203. FEDERAL RECOGNITION. 
(a) FEDERAL RECOGNITION.— 
(1) IN
GENERAL.—Federal recognition is ex-
tended to the Tribe. 
(2) APPLICABILITY OF LAWS.—All laws (includ-
ing regulations) of the United States of general ap-
plicability to Indians or nations, Indian tribes, or 
bands of Indians (including the Act of June 18, 
1934 (25 U.S.C. 461 et seq.)) that are not incon-
sistent with this title shall be applicable to the Tribe 
and tribal members. 
(b) FEDERAL SERVICES AND BENEFITS.— 
(1) IN GENERAL.—On and after the date of en-
actment of this Act, the Tribe and tribal members 
shall be eligible for all future services and benefits 
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provided by the Federal Government to federally rec-
ognized Indian tribes without regard to the existence 
of a reservation for the Tribe. 
(2) SERVICE AREA.—For the purpose of the de-
livery of Federal services to tribal members, the 
service area of the Tribe shall be considered to be 
the area comprised of New Kent County, James City 
County, Charles City County, and Henrico County, 
Virginia. 
SEC. 204. MEMBERSHIP; GOVERNING DOCUMENTS. 
The membership roll and governing documents of the 
Tribe shall be the most recent membership roll and gov-
erning documents, respectively, submitted by the Tribe to 
the Secretary before the date of enactment of this Act. 
SEC. 205. GOVERNING BODY. 
The governing body of the Tribe shall be— 
(1) the governing body of the Tribe in place as 
of the date of enactment of this Act; or 
(2) any subsequent governing body elected in 
accordance with the election procedures specified in 
the governing documents of the Tribe. 
SEC. 206. RESERVATION OF THE TRIBE. 
(a) IN GENERAL.—Upon the request of the Tribe, the 
Secretary of the Interior— 
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any regulations thereunder promulgated by the Secretary 
or the National Indian Gaming Commission. 
SEC. 207. HUNTING, FISHING, TRAPPING, GATHERING, AND 
WATER RIGHTS. 
Nothing in this title expands, reduces, or affects in 
any manner any hunting, fishing, trapping, gathering, or 
water rights of the Tribe and members of the Tribe. 
SEC. 208. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 
(a) IN GENERAL.—The Commonwealth of Virginia 
shall exercise jurisdiction over— 
(1) all criminal offenses that are committed on; 
and 
(2) all civil actions that arise on, 
lands located within the Commonwealth of Virginia that 
are owned by, or held in trust by the United States for, 
the Tribe. 
(b) ACCEPTANCE OF STATE JURISDICTION BY SEC-
RETARY.—The Secretary of the Interior is authorized to 
accept on behalf of the United States, after consulting 
with the Attorney General of the United States, all or any 
portion of the jurisdiction of the Commonwealth of Vir-
ginia described in subsection (a) upon verification by the 
Secretary of a certification by a tribe that it possesses the 
capacity to reassume such jurisdiction. 
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TITLE III—UPPER MATTAPONI 
TRIBE 
SEC. 301. FINDINGS. 
Congress finds that— 
(1) during the period of 1607 through 1646, 
the Chickahominy Indian Tribes— 
(A) lived approximately 20 miles from 
Jamestown; and 
(B) were significantly involved in English- 
Indian affairs; 
(2) Mattaponi Indians, who later joined the 
Chickahominy Indians, lived a greater distance from 
Jamestown; 
(3) in 1646, the Chickahominy Indians moved 
to Mattaponi River basin, away from the English; 
(4) in 1661, the Chickahominy Indians sold 
land at a place known as ‘‘the cliffs’’ on the 
Mattaponi River; 
(5) in 1669, the Chickahominy Indians— 
(A) appeared in the Virginia Colony’s cen-
sus of Indian bowmen; and 
(B) lived in ‘‘New Kent’’ County, which in-
cluded the Mattaponi River basin at that time; 
(6) in 1677, the Chickahominy and Mattaponi 
Indians were subjects of the Queen of Pamunkey, 
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who was a signatory to the Treaty of 1677 with the 
King of England; 
(7) in 1683, after a Mattaponi town was at-
tacked by Seneca Indians, the Mattaponi Indians 
took refuge with the Chickahominy Indians, and the 
history of the 2 groups was intertwined for many 
years thereafter; 
(8) in 1695, the Chickahominy and Mattaponi 
Indians— 
(A) were assigned a reservation by the Vir-
ginia Colony; and 
(B) traded land of the reservation for land 
at the place known as ‘‘the cliffs’’ (which, as of 
the date of enactment of this Act, is the 
Mattaponi Indian Reservation), which had been 
owned by the Mattaponi Indians before 1661; 
(9) in 1711, a Chickahominy boy attended the 
Indian School at the College of William and Mary; 
(10) in 1726, the Virginia Colony discontinued 
funding of interpreters for the Chickahominy and 
Mattaponi Indian Tribes; 
(11) James Adams, who served as an inter-
preter to the Indian tribes known as of the date of 
enactment of this Act as the ‘‘Upper Mattaponi In-
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dian Tribe’’ and ‘‘Chickahominy Indian Tribe’’, 
elected to stay with the Upper Mattaponi Indians; 
(12) today, a majority of the Upper Mattaponi 
Indians have ‘‘Adams’’ as their surname; 
(13) in 1787, Thomas Jefferson, in Notes on 
the Commonwealth of Virginia, mentioned the 
Mattaponi Indians on a reservation in King William 
County and said that Chickahominy Indians were 
‘‘blended’’ with the Mattaponi Indians and nearby 
Pamunkey Indians; 
(14) in 1850, the census of the United States 
revealed a nucleus of approximately 10 families, all 
ancestral to modern Upper Mattaponi Indians, living 
in central King William County, Virginia, approxi-
mately 10 miles from the reservation; 
(15) during the period of 1853 through 1884, 
King William County marriage records listed Upper 
Mattaponis as ‘‘Indians’’ in marrying people residing 
on the reservation; 
(16) during the period of 1884 through the 
present, county marriage records usually refer to 
Upper Mattaponis as ‘‘Indians’’; 
(17) in 1901, Smithsonian anthropologist 
James Mooney heard about the Upper Mattaponi In-
dians but did not visit them; 
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(18) in 1928, University of Pennsylvania an-
thropologist Frank Speck published a book on mod-
ern Virginia Indians with a section on the Upper 
Mattaponis; 
(19) from 1929 until 1930, the leadership of 
the Upper Mattaponi Indians opposed the use of a 
‘‘colored’’ designation in the 1930 United States 
census and won a compromise in which the Indian 
ancestry of the Upper Mattaponis was recorded but 
questioned; 
(20) during the period of 1942 through 1945— 
(A) the leadership of the Upper Mattaponi 
Indians, with the help of Frank Speck and oth-
ers, fought against the induction of young men 
of the Tribe into ‘‘colored’’ units in the Armed 
Forces of the United States; and 
(B) a tribal roll for the Upper Mattaponi 
Indians was compiled; 
(21) from 1945 to 1946, negotiations took 
place to admit some of the young people of the 
Upper Mattaponi to high schools for Federal Indians 
(especially at Cherokee) because no high school 
coursework was available for Indians in Virginia 
schools; and 
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(22) in 1983, the Upper Mattaponi Indians ap-
plied for and won State recognition as an Indian 
tribe. 
SEC. 302. DEFINITIONS. 
In this title: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(2) TRIBAL MEMBER.—The term ‘‘tribal mem-
ber’’ means— 
(A) an individual who is an enrolled mem-
ber of the Tribe as of the date of enactment of 
this Act; and 
(B) an individual who has been placed on 
the membership rolls of the Tribe in accordance 
with this title. 
(3) TRIBE.—The term ‘‘Tribe’’ means the 
Upper Mattaponi Tribe. 
SEC. 303. FEDERAL RECOGNITION. 
(a) FEDERAL RECOGNITION.— 
(1) IN
GENERAL.—Federal recognition is ex-
tended to the Tribe. 
(2) APPLICABILITY OF LAWS.—All laws (includ-
ing regulations) of the United States of general ap-
plicability to Indians or nations, Indian tribes, or 
bands of Indians (including the Act of June 18, 
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1934 (25 U.S.C. 461 et seq.)) that are not incon-
sistent with this title shall be applicable to the Tribe 
and tribal members. 
(b) FEDERAL SERVICES AND BENEFITS.— 
(1) IN GENERAL.—On and after the date of en-
actment of this Act, the Tribe and tribal members 
shall be eligible for all services and benefits provided 
by the Federal Government to federally recognized 
Indian tribes without regard to the existence of a 
reservation for the Tribe. 
(2) SERVICE AREA.—For the purpose of the de-
livery of Federal services to tribal members, the 
service area of the Tribe shall be considered to be 
the area within 25 miles of the Sharon Indian 
School at 13383 King William Road, King William 
County, Virginia. 
SEC. 304. MEMBERSHIP; GOVERNING DOCUMENTS. 
The membership roll and governing documents of the 
Tribe shall be the most recent membership roll and gov-
erning documents, respectively, submitted by the Tribe to 
the Secretary before the date of enactment of this Act. 
SEC. 305. GOVERNING BODY. 
The governing body of the Tribe shall be— 
(1) the governing body of the Tribe in place as 
of the date of enactment of this Act; or 
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(2) any subsequent governing body elected in 
accordance with the election procedures specified in 
the governing documents of the Tribe. 
SEC. 306. RESERVATION OF THE TRIBE. 
(a) IN GENERAL.—Upon the request of the Tribe, the 
Secretary of the Interior— 
(1) shall take into trust for the benefit of the 
Tribe any land held in fee by the Tribe that was ac-
quired by the Tribe on or before January 1, 2007, 
if such lands are located within the boundaries of 
King William County, Caroline County, Hanover 
County, King and Queen County, and New Kent 
County, Virginia; and 
(2) may take into trust for the benefit of the 
Tribe any land held in fee by the Tribe, if such 
lands are located within the boundaries of King Wil-
liam County, Caroline County, Hanover County, 
King and Queen County, and New Kent County, 
Virginia. 
(b) DEADLINE
FOR DETERMINATION.—The Sec-
retary shall make a final written determination not later 
than three years of the date which the Tribe submits a 
request for land to be taken into trust under subsection 
(a)(2) and shall immediately make that determination 
available to the Tribe. 
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(c) RESERVATION STATUS.—Any land taken into 
trust for the benefit of the Tribe pursuant to this para-
graph shall, upon request of the Tribe, be considered part 
of the reservation of the Tribe. 
(d) GAMING.—The Tribe may not conduct gaming ac-
tivities as a matter of claimed inherent authority or under 
the authority of any Federal law, including the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under 
any regulations thereunder promulgated by the Secretary 
or the National Indian Gaming Commission. 
SEC. 307. HUNTING, FISHING, TRAPPING, GATHERING, AND 
WATER RIGHTS. 
Nothing in this title expands, reduces, or affects in 
any manner any hunting, fishing, trapping, gathering, or 
water rights of the Tribe and members of the Tribe. 
SEC. 308. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 
(a) IN GENERAL.—The Commonwealth of Virginia 
shall exercise jurisdiction over— 
(1) all criminal offenses that are committed on; 
and 
(2) all civil actions that arise on, 
lands located within the Commonwealth of Virginia that 
are owned by, or held in trust by the United States for, 
the Tribe. 
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(b) ACCEPTANCE OF STATE JURISDICTION BY SEC-
RETARY.—The Secretary of the Interior is authorized to 
accept on behalf of the United States, after consulting 
with the Attorney General of the United States, all or any 
portion of the jurisdiction of the Commonwealth of Vir-
ginia described in subsection (a) upon verification by the 
Secretary of a certification by a tribe that it possesses the 
capacity to reassume such jurisdiction. 
TITLE IV—RAPPAHANNOCK 
TRIBE, INC. 
SEC. 401. FINDINGS. 
Congress finds that— 
(1) during the initial months after Virginia was 
settled, the Rappahannock Indians had 3 encounters 
with Captain John Smith; 
(2) the first encounter occurred when the Rap-
pahannock weroance (headman)— 
(A) traveled to Quiyocohannock (a prin-
cipal town across the James River from James-
town), where he met with Smith to determine 
whether Smith had been the ‘‘great man’’ who 
had previously sailed into the Rappahannock 
River, killed a Rappahannock weroance, and 
kidnapped Rappahannock people; and 
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(B) determined that Smith was too short 
to be that ‘‘great man’’; 
(3) on a second meeting, during John Smith’s 
captivity (December 16, 1607 to January 8, 1608), 
Smith was taken to the Rappahannock principal vil-
lage to show the people that Smith was not the 
‘‘great man’’; 
(4) a third meeting took place during Smith’s 
exploration of the Chesapeake Bay (July to Sep-
tember 1608), when, after the Moraughtacund Indi-
ans had stolen 3 women from the Rappahannock 
King, Smith was prevailed upon to facilitate a peace-
ful truce between the Rappahannock and the 
Moraughtacund Indians; 
(5) in the settlement, Smith had the 2 Indian 
tribes meet on the spot of their first fight; 
(6) when it was established that both groups 
wanted peace, Smith told the Rappahannock King to 
select which of the 3 stolen women he wanted; 
(7) the Moraughtacund King was given second 
choice among the 2 remaining women, and Mosco, a 
Wighcocomoco (on the Potomac River) guide, was 
given the third woman; 
(8) in 1645, Captain William Claiborne tried 
unsuccessfully to establish treaty relations with the 
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Rappahannocks, as the Rappahannocks had not par-
ticipated in the Pamunkey-led uprising in 1644, and 
the 
English 
wanted 
to 
‘‘treat 
with 
the 
Rappahannocks or any other Indians not in amity 
with Opechancanough, concerning serving the county 
against the Pamunkeys’’; 
(9) in April 1651, the Rappahannocks conveyed 
a tract of land to an English settler, Colonel Morre 
Fauntleroy; 
(10) the deed for the conveyance was signed by 
Accopatough, weroance of the Rappahannock Indi-
ans; 
(11) in September 1653, Lancaster County 
signed a treaty with Rappahannock Indians, the 
terms of which treaty— 
(A) gave Rappahannocks the rights of 
Englishmen in the county court; and 
(B) attempted to make the Rappahannocks 
more accountable under English law; 
(12) in September 1653, Lancaster County de-
fined and marked the bounds of its Indian settle-
ments; 
(13) according to the Lancaster clerk of court, 
‘‘the tribe called the great Rappahannocks lived on 
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the Rappahannock Creek just across the river above 
Tappahannock’’; 
(14) in September 1656, (Old) Rappahannock 
County (which, as of the date of enactment of this 
Act, is comprised of Richmond and Essex Counties, 
Virginia) signed a treaty with Rappahannock Indi-
ans that— 
(A) mirrored the Lancaster County treaty 
from 1653; and 
(B) stated that— 
(i) Rappahannocks were to be re-
warded, in Roanoke, for returning English 
fugitives; and 
(ii) 
the 
English 
encouraged 
the 
Rappahannocks to send their children to 
live among the English as servants, who 
the English promised would be well-treat-
ed; 
(15) in 1658, the Virginia Assembly revised a 
1652 Act stating that ‘‘there be no grants of land 
to any Englishman whatsoever de futuro until the 
Indians be first served with the proportion of 50 
acres of land for each bowman’’; 
(16) in 1669, the colony conducted a census of 
Virginia Indians; 
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(17) as of the date of that census— 
(A) the majority of the Rappahannocks 
were residing at their hunting village on the 
north side of the Mattaponi River; and 
(B) at the time of the visit, census-takers 
were counting only the Indian tribes along the 
rivers, which explains why only 30 Rappahan-
nock bowmen were counted on that river; 
(18) the Rappahannocks used the hunting vil-
lage on the north side of the Mattaponi River as 
their primary residence until the Rappahannocks 
were removed in 1684; 
(19) in May 1677, the Treaty of Middle Planta-
tion was signed with England; 
(20) the Pamunkey Queen Cockacoeske signed 
on behalf of the Rappahannocks, ‘‘who were sup-
posed to be her tributaries’’, but before the treaty 
could be ratified, the Queen of Pamunkey com-
plained to the Virginia Colonial Council ‘‘that she 
was having trouble with Rappahannocks and 
Chickahominies, supposedly tributaries of hers’’; 
(21) in November 1682, the Virginia Colonial 
Council established a reservation for the Rappahan-
nock Indians of 3,474 acres ‘‘about the town where 
they dwelt’’; 
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(22) the Rappahannock ‘‘town’’ was the hunt-
ing village on the north side of the Mattaponi River, 
where the Rappahannocks had lived throughout the 
1670s; 
(23) the acreage allotment of the reservation 
was based on the 1658 Indian land act, which trans-
lates into a bowman population of 70, or an approxi-
mate total Rappahannock population of 350; 
(24) in 1683, following raids by Iroquoian war-
riors on both Indian and English settlements, the 
Virginia Colonial Council ordered the Rappahan-
nocks to leave their reservation and unite with the 
Nanzatico Indians at Nanzatico Indian Town, which 
was located across and up the Rappahannock River 
some 30 miles; 
(25) between 1687 and 1699, the Rappahan-
nocks migrated out of Nanzatico, returning to the 
south side of the Rappahannock River at Portobacco 
Indian Town; 
(26) in 1706, by order of Essex County, Lieu-
tenant Richard Covington ‘‘escorted’’ the Portobac-
cos and Rappahannocks out of Portobacco Indian 
Town, out of Essex County, and into King and 
Queen County where they settled along the ridgeline 
between the Rappahannock and Mattaponi Rivers, 
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the site of their ancient hunting village and 1682 
reservation; 
(27) during the 1760s, 3 Rappahannock girls 
were raised on Thomas Nelson’s Bleak Hill Planta-
tion in King William County; 
(28) of those girls— 
(A) 1 married a Saunders man; 
(B) 1 married a Johnson man; and 
(C) 1 had 2 children, Edmund and Carter 
Nelson, fathered by Thomas Cary Nelson; 
(29) in the 19th century, those Saunders, John-
son, and Nelson families are among the core Rappa-
hannock families from which the modern Tribe 
traces its descent; 
(30) in 1819 and 1820, Edward Bird, John 
Bird (and his wife), Carter Nelson, Edmund Nelson, 
and Carter Spurlock (all Rappahannock ancestors) 
were listed on the tax roles of King and Queen 
County and taxed at the county poor rate; 
(31) Edmund Bird was added to the tax roles 
in 1821; 
(32) those tax records are significant docu-
mentation because the great majority of pre-1864 
records for King and Queen County were destroyed 
by fire; 
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(33) beginning in 1819, and continuing through 
the 1880s, there was a solid Rappahannock presence 
in the membership at Upper Essex Baptist Church; 
(34) that was the first instance of conversion to 
Christianity by at least some Rappahannock Indians; 
(35) while 26 identifiable and traceable Rappa-
hannock surnames appear on the pre-1863 member-
ship list, and 28 were listed on the 1863 member-
ship roster, the number of surnames listed had de-
clined to 12 in 1878 and had risen only slightly to 
14 by 1888; 
(36) a reason for the decline is that in 1870, 
a Methodist circuit rider, Joseph Mastin, secured 
funds to purchase land and construct St. Stephens 
Baptist Church for the Rappahannocks living nearby 
in Caroline County; 
(37) Mastin referred to the Rappahannocks 
during the period of 1850 to 1870 as ‘‘Indians, hav-
ing a great need for moral and Christian guidance’’; 
(38) St. Stephens was the dominant tribal 
church until the Rappahannock Indian Baptist 
Church was established in 1964; 
(39) at both churches, the core Rappahannock 
family names of Bird, Clarke, Fortune, Johnson, 
Nelson, Parker, and Richardson predominate; 
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(40) during the early 1900s, James Mooney, 
noted anthropologist, maintained correspondence 
with the Rappahannocks, surveying them and in-
structing them on how to formalize their tribal gov-
ernment; 
(41) in November 1920, Speck visited the 
Rappahannocks and assisted them in organizing the 
fight for their sovereign rights; 
(42) in 1921, the Rappahannocks were granted 
a charter from the Commonwealth of Virginia for-
malizing their tribal government; 
(43) Speck began a professional relationship 
with the Tribe that would last more than 30 years 
and document Rappahannock history and traditions 
as never before; 
(44) in April 1921, Rappahannock Chief 
George Nelson asked the Governor of Virginia, 
Westmoreland Davis, to forward a proclamation to 
the President of the United States, along with an 
appended list of tribal members and a handwritten 
copy of the proclamation itself; 
(45) the letter concerned Indian freedom of 
speech and assembly nationwide; 
(46) in 1922, the Rappahannocks established a 
formal school at Lloyds, Essex County, Virginia; 
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(47) prior to establishment of the school, Rap-
pahannock children were taught by a tribal member 
in Central Point, Caroline County, Virginia; 
(48) in December 1923, Rappahannock Chief 
George Nelson testified before Congress appealing 
for a $50,000 appropriation to establish an Indian 
school in Virginia; 
(49) in 1930, the Rappahannocks were engaged 
in an ongoing dispute with the Commonwealth of 
Virginia and the United States Census Bureau 
about their classification in the 1930 Federal cen-
sus; 
(50) in January 1930, Rappahannock Chief 
Otho S. Nelson wrote to Leon Truesdell, Chief Stat-
istician of the United States Census Bureau, asking 
that the 218 enrolled Rappahannocks be listed as 
Indians; 
(51) in February 1930, Truesdell replied to 
Nelson saying that ‘‘special instructions’’ were being 
given about classifying Indians; 
(52) in April 1930, Nelson wrote to William M. 
Steuart at the Census Bureau asking about the enu-
merators’ failure to classify his people as Indians, 
saying that enumerators had not asked the question 
about race when they interviewed his people; 
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(53) in a followup letter to Truesdell, Nelson 
reported that the enumerators were ‘‘flatly denying’’ 
his people’s request to be listed as Indians and that 
the race question was completely avoided during 
interviews; 
(54) the Rappahannocks had spoken with Caro-
line and Essex County enumerators, and with John 
M.W. Green at that point, without success; 
(55) Nelson asked Truesdell to list people as 
Indians if he sent a list of members; 
(56) the matter was settled by William Steuart, 
who concluded that the Bureau’s rule was that peo-
ple of Indian descent could be classified as ‘‘Indian’’ 
only if Indian ‘‘blood’’ predominated and ‘‘Indian’’ 
identity was accepted in the local community; 
(57) the Virginia Vital Statistics Bureau 
classed all nonreservation Indians as ‘‘Negro’’, and 
it failed to see why ‘‘an exception should be made’’ 
for the Rappahannocks; 
(58) therefore, in 1925, the Indian Rights As-
sociation took on the Rappahannock case to assist 
the Rappahannocks in fighting for their recognition 
and rights as an Indian tribe; 
(59) during the Second World War, the 
Pamunkeys, Mattaponis, Chickahominies, and Rap-
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pahannocks had to fight the draft boards with re-
spect to their racial identities; 
(60) the Virginia Vital Statistics Bureau in-
sisted that certain Indian draftees be inducted into 
Negro units; 
(61) finally, 3 Rappahannocks were convicted of 
violating the Federal draft laws and, after spending 
time in a Federal prison, were granted conscientious 
objector status and served out the remainder of the 
war working in military hospitals; 
(62) in 1943, Frank Speck noted that there 
were approximately 25 communities of Indians left 
in the Eastern United States that were entitled to 
Indian classification, including the Rappahannocks; 
(63) in the 1940s, Leon Truesdell, Chief Stat-
istician, of the United States Census Bureau, listed 
118 members in the Rappahannock Tribe in the In-
dian population of Virginia; 
(64) on April 25, 1940, the Office of Indian Af-
fairs of the Department of the Interior included the 
Rappahannocks on a list of Indian tribes classified 
by State and by agency; 
(65) in 1948, the Smithsonian Institution An-
nual Report included an article by William Harlen 
Gilbert entitled, ‘‘Surviving Indian Groups of the 
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Eastern United States’’, which included and de-
scribed the Rappahannock Tribe; 
(66) in the late 1940s and early 1950s, the 
Rappahannocks operated a school at Indian Neck; 
(67) the State agreed to pay a tribal teacher to 
teach 10 students bused by King and Queen County 
to Sharon Indian School in King William County, 
Virginia; 
(68) in 1965, Rappahannock students entered 
Marriott High School (a white public school) by ex-
ecutive order of the Governor of Virginia; 
(69) in 1972, the Rappahannocks worked with 
the Coalition of Eastern Native Americans to fight 
for Federal recognition; 
(70) in 1979, the Coalition established a pot-
tery and artisans company, operating with other Vir-
ginia tribes; 
(71) in 1980, the Rappahannocks received 
funding through the Administration for Native 
Americans of the Department of Health and Human 
Services to develop an economic program for the 
Tribe; and 
(72) in 1983, the Rappahannocks received 
State recognition as an Indian tribe. 
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SEC. 402. DEFINITIONS. 
In this title: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(2) TRIBAL MEMBER.—The term ‘‘tribal mem-
ber’’ means— 
(A) an individual who is an enrolled mem-
ber of the Tribe as of the date of enactment of 
this Act; and 
(B) an individual who has been placed on 
the membership rolls of the Tribe in accordance 
with this title. 
(3) TRIBE.— 
(A) IN
GENERAL.—The term ‘‘Tribe’’ 
means the organization possessing the legal 
name Rappahannock Tribe, Inc. 
(B) EXCLUSIONS.—The term ‘‘Tribe’’ does 
not include any other Indian tribe, subtribe, 
band, or splinter group the members of which 
represent themselves as Rappahannock Indians. 
SEC. 403. FEDERAL RECOGNITION. 
(a) FEDERAL RECOGNITION.— 
(1) IN
GENERAL.—Federal recognition is ex-
tended to the Tribe. 
(2) APPLICABILITY OF LAWS.—All laws (includ-
ing regulations) of the United States of general ap-
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