HR 1294 RFS
(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 
(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.—Fee lands which the Tribe seeks 
to convey to the United States to be held in trust shall 
be considered by the Secretary of the Interior under part 
151 of title 25 of the Code of Federal Regulations (or a 
successor regulation) if such lands are located within the 
boundaries of King William County, Caroline County, 
VerDate Aug 31 2005 
01:44 May 10, 2007
Jkt 059200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H1294.RFS
H1294
hmoore on PRODPC68 with HMBILLS
HR 1294 RFS
Hanover County, King and Queen County, and New Kent 
County, Virginia. The Secretary shall make a final deter-
mination within three years of the date which the tribe 
submits a request for land to be taken into trust. Any 
land taken into trust for the benefit of the Tribe pursuant 
to this paragraph shall be considered part of the reserva-
tion of the Tribe. 
(b) 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 STATE OF VIRGINIA. 
(a) IN GENERAL.—The State of Virginia shall exer-
cise jurisdiction over— 
(1) all criminal offenses that are committed on; 
and 
(2) all civil actions that arise on, 
VerDate Aug 31 2005 
01:44 May 10, 2007
Jkt 059200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H1294.RFS
H1294
hmoore on PRODPC68 with HMBILLS
HR 1294 RFS
lands located within the State 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 State of Virginia de-
scribed 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 
VerDate Aug 31 2005 
01:44 May 10, 2007
Jkt 059200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H1294.RFS
H1294
hmoore on PRODPC68 with HMBILLS
HR 1294 RFS
River, killed a Rappahannock weroance, and 
kidnapped Rappahannock people; and 
(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; 
VerDate Aug 31 2005 
01:44 May 10, 2007
Jkt 059200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H1294.RFS
H1294
hmoore on PRODPC68 with HMBILLS
HR 1294 RFS
(8) in 1645, Captain William Claiborne tried 
unsuccessfully to establish treaty relations with the 
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; 
VerDate Aug 31 2005 
01:44 May 10, 2007
Jkt 059200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H1294.RFS
H1294
hmoore on PRODPC68 with HMBILLS
HR 1294 RFS
(13) according to the Lancaster clerk of court, 
‘‘the tribe called the great Rappahannocks lived on 
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’’; 
VerDate Aug 31 2005 
01:44 May 10, 2007
Jkt 059200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H1294.RFS
H1294
hmoore on PRODPC68 with HMBILLS
HR 1294 RFS
(16) in 1669, the colony conducted a census of 
Virginia Indians; 
(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-
VerDate Aug 31 2005 
01:44 May 10, 2007
Jkt 059200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H1294.RFS
H1294
hmoore on PRODPC68 with HMBILLS
HR 1294 RFS
nock Indians of 3,474 acres ‘‘about the town where 
they dwelt’’; 
(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 
Rappahannocks to leave their reservation and unite 
with the Nanzatico Indians at Nanzatico Indian 
Town, which was located across and up the Rappa-
hannock River some 30 miles; 
(25) 
between 
1687 
and 
1699, 
the 
Rappahannocks migrated out of Nanzatico, return-
ing 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 
Portobaccos and Rappahannocks out of Portobacco 
Indian Town, out of Essex County, and into King 
VerDate Aug 31 2005 
01:44 May 10, 2007
Jkt 059200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H1294.RFS
H1294
hmoore on PRODPC68 with HMBILLS