I
106TH CONGRESS
2D SESSION
H. R. 5073
To extend Federal recognition to the Chickahominy Tribe, the Chickahominy
Indian Tribe—Eastern Division, the Mattaponi Tribe, the Upper
Mattaponi Tribe, the Pamunkey Tribe, the Rappahannock Tribe, Inc.,
the Monacan Tribe, and the Nansemond Tribe.
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 2000
Mr. MORAN of Virginia introduced the following bill; which was referred to
the Committee on Resources
A BILL
To extend Federal recognition to the Chickahominy Tribe,
the Chickahominy Indian Tribe—Eastern Division, the
Mattaponi Tribe, the Upper Mattaponi Tribe, the
Pamunkey Tribe, the Rappahannock Tribe, Inc., the
Monacan Tribe, and the Nansemond Tribe.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Thomasina E. Jordan
Indian Tribes of Virginia Federal Recognition Act of
2000’’.
TITLE I—CHICKAHOMINY
INDIAN TRIBE
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) In 1607, when the English settlers set shore
along the Virginia coastline, the Chickahominy In-
dian Tribe was 1 of about 30 tribes who received
them.
(2) In 1614, the Chickahominy Indian Tribe
entered into a treaty with Sir Thomas Dale, Gov-
ernor of the Jamestown Colony, agreeing to provide
2 bushels of corn per man and send warriors to pro-
tect the English. Sir Thomas Dale agreed in return
to allow the tribe to continue to practice their 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.
(5) In 1702, the Chickahominy were pushed off
their reservation, which caused the loss of a land
base.
(6) In 1723, the College of William and Mary
in Williamsburg established a grammar school for
Indians called Brafferton College. A Chickahominy
child was one of the first Indians to attend.
(7) In 1750, the Chickahominy Indian Tribe
started to migrate from King William County back
to the area around the Chickahominy River in New
Kent and Charles City Counties.
(8) In 1793, a Baptist missionary named
Bradby took refuge with the Chickahominy and took
a Chickahominy woman as his wife.
(9) In 1831, the names of the ancestors of the
modern-day Chickahominy Indian Tribe began to
appear in the Charles City County census records.
(10) In 1901, the Chickahominy Indian Tribe
formed Samaria Baptist Church.
(11) From 1901 to 1935, Chickahominy men
were assessed a tribal tax so that their children
could receive an education. The Tribe used the pro-
ceeds from this tax to build the first Samaria Indian
School, buy supplies, and pay a teacher’s salary.
(12) 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.
(13) During 1920–1930, various Governors of
the Commonwealth of Virginia wrote letters of intro-
duction for Chickahominy Chiefs who had official
business with Government agencies in Washington,
D.C.
(14) In 1934, Chickahominy Chief O.W. Adkins
wrote to John Collier, Commissioner of Indian Af-
fairs, requesting money to acquire land for the
Chickahominy Indian Tribe’s use, to build school,
medical, and library facilities and to buy tractors,
implements, and seed.
(15) In 1934, John Collier, Commissioner of
Indian Affairs, wrote to Chickahominy Chief O.W.
Adkins, informing him that Congress had passed the
Indian Reorganization Act of 1934, but had not
made the appropriation to fund the bill.
(16) In 1942, Chickahominy Chief O.W. Adkins
wrote to John Collier, Commissioner of Indian Af-
fairs, asking for help in getting the proper racial
designation on Selective Service records for the
Chickahominy soldiers.
(17) In 1943, John Collier, Commissioner of
Indian Affairs, asked Douglas S. Freeman, editor of
the Richmond (Virginia) News-Leader newspaper, to
help Virginia Indians obtain proper racial designa-
tion on birth records. Collier states that his office
cannot officially intervene because it has no respon-
sibility for the Virginia Indians, ‘‘as a matter largely
of historical accident’’, but is ‘‘interested in them as
descendants of the original inhabitants of the re-
gion’’.
(18) In 1948, the Veterans’ Education Com-
mittee of the Virginia State Board of Education ap-
proved Samaria Indian School to provide training to
veterans. This school was the one established and
run by the Chickahominy Indian Tribe.
(19) In 1950, the Chickahominy Indian Tribe
purchased land and donated it to the Charles City
County School Board, to be used to build a modern
school for students of the Chickahominy and other
Virginia tribes. The Samaria Indian School included
grades 1 through 8.
(20) In 1961, Senator Sam Ervin, Chairman of
the Subcommittee on Constitutional Rights, Senate
Committee on the Judiciary, requested Chicka-
hominy Chief O.W. Adkins to provide assistance in
analyzing the status of the constitutional rights of
Indians ‘‘in your area’’.
(21) In 1967, the Charles City County school
board closed Samaria Indian School and converted it
to a countywide primary school as a step toward full
school integration.
(22) In 1972, the Charles City County school
board began receiving funds under title IV of the In-
dian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.) on behalf of Chicka-
hominy students. This continues today under title V
of that Act.
(23) In 1974, the Chickahominy Indian Tribe
bought land and built a tribal center using monthly
pledges from tribal members to finance the trans-
actions.
(24) In 1983, the Chickahominy Indian Tribe
was granted recognition as an Indian tribe by the
Commonwealth of Virginia, along with 5 other
tribes.
(25) In 1985, Virginia Governor Gerald Baliles
was the special guest at an intertribal Thanksgiving
Day dinner hosted by the Chickahominy Indian
Tribe.
SEC. 102. DEFINITIONS.
For the purposes of this title—
(1) the term ‘‘Tribe’’ means the Chickahominy
Indian Tribe;
(2) the term ‘‘Secretary’’ means the Secretary
of the Interior; and
(3) the term ‘‘member’’ means an enrolled
member of the Tribe, as of the date of the enact-
ment of this Act, or an individual who has been
placed on the membership rolls of the Tribe in ac-
cordance with this Act.
SEC. 103. FEDERAL RECOGNITION.
(a) FEDERAL RECOGNITION.—Federal recognition is
hereby extended to the Tribe. All laws and regulations of
the United States of general application to Indians or na-
tions, tribes, or bands of Indians, including the Act of
June 18, 1934 (25 U.S.C. 461 et seq.) which are not in-
consistent with any specific provision of this Act, shall be
applicable to the Tribe and its members.
(b) FEDERAL SERVICES AND BENEFITS.—
(1) IN GENERAL.—The Tribe and its members
shall be eligible, on and after the date of the enact-
ment of this Act, for all future services and benefits
provided by the Federal Government to federally rec-
ognized Indian tribes without regard to the existence
of a reservation for the Tribe or the location of the
residence of any member on or near any Indian res-
ervation.
(2) SERVICE AREA.—For purposes of the deliv-
ery of Federal services to enrolled members of the
Tribe, the Tribe’s service area shall be deemed to be
the area comprised of Charles City County, Virginia.
SEC. 104. MEMBERSHIP.
Not later than 18 months after the date of the enact-
ment of this Act, the Tribe shall submit to the Secretary
a membership roll consisting of all individuals currently
enrolled for membership in the Tribe. The qualifications
for inclusion on the membership roll of the Tribe shall be
determined by the membership clauses in the Tribe’s gov-
erning document, in consultation with the Secretary. Upon
completion of the roll, the Secretary shall immediately
publish notice of such in the Federal Register. The Tribe
shall ensure that such roll is maintained and kept current.
SEC. 105. CONSTITUTION AND GOVERNING BODY.
(a) CONSTITUTION.—
(1) ADOPTION.—Not later than 24 months
after the date of the enactment of this Act, the
Tribe shall conduct, by secret ballot, an election to
adopt a constitution and bylaws for the Tribe.
(2) INTERIM
GOVERNING
DOCUMENTS.—Until
such time as a new constitution is adopted under
paragraph (1), the governing documents in effect on
the date of enactment of this Act shall be the in-
terim governing documents for the Tribe.
(b) OFFICIALS.—
(1) ELECTION.—Not later than 6 months after
the Tribe adopts a constitution and bylaws pursuant
to subsection (a), the Tribe shall conduct elections
by secret ballot for the purpose of electing officials
for the Tribe as provided in the constitution and by-
laws.
(2) INTERIM GOVERNMENT.—Until such time
as the Tribe elects new officials pursuant to para-
graph (1), the governing body of the Tribe shall be
the governing body in place on the date of the enact-
ment of this Act, or any new governing body selected
under the election procedures specified in the in-
terim governing documents of the Tribe.
SEC. 106. RESERVATION OF THE TRIBE.
Notwithstanding any other provision of law, if, not
later than 25 years after the date of the enactment of this
Act, the Tribe transfers land within the boundaries of the
Virginia counties of Charles City, James City, or Henrico,
to the Secretary, the Secretary shall take such land into
trust for the benefit of the Tribe.
SEC. 107. HUNTING, FISHING, TRAPPING, GATHERING, AND
WATER RIGHTS.
Nothing in this Act shall expand, reduce, or affect
in any manner any hunting, fishing, trapping, gathering,
or water rights of the Tribe and its members.
TITLE 
II—CHICKAHOMINY 
IN-
DIAN TRIBE—EASTERN DIVI-
SION
SEC. 201. FINDINGS.
Congress makes the following findings:
(1) In 1607, when the English settlers set shore
along the Virginia coastline, the Chickahominy were
one of about 30 tribes who received them.
(2) In 1614, the Chickahominy Indian Tribe
signed a treaty with Sir Thomas Dale, Governor of
the Jamestown Colony, agreeing to provide 2 bushels
of corn per man and send warriors to protect the
English. Sir Thomas Dale agreed in return to allow
the Tribe to continue to practice their 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.
(5) In 1702, the Chickahominy were pushed off
their reservation, which caused the loss of a land
base.
(6) In 1723, the College of William and Mary
in Williamsburg established a grammar school for
Indians called Brafferton College. A Chickahominy
child was one of the first Indians to attend.
(7) In 1750, the Chickahominy Indian Tribe
started to migrate from King William County back
to the area around the Chickahominy River in New
Kent and Charles City Counties.
(8) In 1793, A Baptist missionary named
Bradby took refuge with the Chickahominy and took
a Chickahominy woman as his wife.
(9) In 1831, the names of the ancestors of the
modern-day Chickahominy Indian Tribe began to
appear in the Charles City County census records.
(10) In 1870, a census showed an enclave of
Indians in New Kent County which is believed to be
the beginning of the Chickahominy Indian Tribe-
Eastern Division. Records were destroyed when the
New Kent County courthouse was burned. A State
census was the only record at this time.
(11) In 1901, the Chickahominy’s formed Sa-
maria Baptist Church. During the first few decades
of the 20th century, Chickahominy men were as-
sessed a tribal tax so that their children could re-
ceive an education. The Tribe used the proceeds
from this tax to build the first Samaria Indian
School, buy supplies, and pay a teacher’s salary.
(12) In 1910, a school was stared in New Kent
County for the Chickahominy Indian Tribe-Eastern
Division. Grades 1 through 8 were taught in this 1-
room school.
(13) In 1920–1921, the Chickahominy Indian
Tribe-Eastern Division began forming their own
tribal government. E.P. Bradby was the founder of
the Tribe and was elected to be Chief.
(14) In 1922, Tsena Commocko Baptist Church
was organized.
(15) In 1925, a certificate of incorporation was
issued to the Chickahominy Indian Tribe-Eastern
Division.
(16) In 1950, the Indian school was closed and
students were bused to Samaria Indian School in
Charles City County.
(17) In 1967, both Chickahominy tribes lost
their school to integration.
(18) In 1982–1984, Tsena Commocko Baptist
built a new sanctuary to accommodate church
growth.
(19) In 1983, the Chickahominy Indian Tribe-
Eastern Division was granted State recognition
along with 5 other Virginia Indian tribes.
(20) In 1985, the Virginia Council on Indians
was organized as a State agency and the Chicka-
hominy Indian Tribe-Eastern Division was appointed
to a seat on the Council.
(21) In 1988, the United Indians of Virginia
were organized as the Virginia Council on the Indi-
ans, a [none] State agency, the Chickahominy In-
dian Tribe-Eastern Division was granted a seat on
the organization. Chief Marvin ‘‘Strongoak’’ Bradby
is presently serving as the chairperson.
SEC. 202. DEFINITIONS.
For the purposes of this title—
(1) the term ‘‘Tribe’’ means the Chickahominy
Indian Tribe—Eastern Division;
(2) the term ‘‘Secretary’’ means the Secretary
of the Interior; and
(3) the term ‘‘member’’ means an enrolled
member of the Tribe, as of the date of the enact-
ment of this Act, or an individual who has been
placed on the membership rolls of the Tribe in ac-
cordance with this Act.
SEC. 203. FEDERAL RECOGNITION.
(a) FEDERAL RECOGNITION.—Federal recognition is
hereby extended to the Tribe. All laws and regulations of
the United States of general application to Indians or na-
tions, tribes, or bands of Indians, including the Act of
June 18, 1934 (25 U.S.C. 461 et seq.) which are not in-
consistent with any specific provision of this Act, shall be
applicable to the Tribe and its members.
(b) FEDERAL SERVICES AND BENEFITS.—
(1) IN GENERAL.—The Tribe and its members
shall be eligible, on and after the date of the enact-
ment of this Act, for all future services and benefits
provided by the Federal Government to federally rec-
ognized Indian tribes without regard to the existence
of a reservation for the Tribe or the location of the
residence of any member on or near any Indian res-
ervation.
(2) SERVICE AREA.—For purposes of the deliv-
ery of Federal services to enrolled members of the
Tribe, the Tribe’s service area shall be deemed to be
the area comprised of New Kent County, Virginia.
SEC. 204. MEMBERSHIP.
Not later than 18 months after the date of the enact-
ment of this Act, the Tribe shall submit to the Secretary
a membership roll consisting of all individuals currently
enrolled for membership in the Tribe. The qualifications
for inclusion on the membership roll of the Tribe shall be
determined by the membership clauses in the Tribe’s gov-
erning document, in consultation with the Secretary. Upon
completion of the roll, the Secretary shall immediately
publish notice of such in the Federal Register. The Tribe
shall ensure that such roll is maintained and kept current.
SEC. 205. CONSTITUTION AND GOVERNING BODY.
(a) CONSTITUTION.—
(1) ADOPTION.—Not later than 24 months
after the date of the enactment of this Act, the
Tribe shall conduct, by secret ballot, an election to
adopt a constitution and bylaws for the Tribe.
(2) INTERIM
GOVERNING
DOCUMENTS.—Until
such time as a new constitution is adopted under
paragraph (1), the governing documents in effect on
the date of enactment of this Act shall be the in-
terim governing documents for the Tribe.
(b) OFFICIALS.—
(1) ELECTION.—Not later than 6 months after
the Tribe adopts a constitution and bylaws pursuant
to subsection (a), the Tribe shall conduct elections
by secret ballot for the purpose of electing officials
for the Tribe as provided in the constitution and by-
laws.
(2) INTERIM GOVERNMENT.—Until such time
as the Tribe elects new officials pursuant to para-
graph (1), the governing body of the Tribe shall be
the governing body in place on the date of the enact-
ment of this Act, or any new governing body selected
under the election procedures specified in the in-
terim governing documents of the Tribe.
SEC. 206. RESERVATION OF THE TRIBE.
Notwithstanding any other provision of law, if, not
later than 25 years after the date of the enactment of this
Act, the Tribe transfers any land within the boundaries
of New Kent County, James City County, or Henrico
County, Virginia, to the Secretary, the Secretary shall
take such land into trust for the benefit of the Tribe.
SEC. 207. HUNTING, FISHING, TRAPPING, GATHERING, AND
WATER RIGHTS.
Nothing in this Act shall expand, reduce, or affect
in any manner any hunting, fishing, trapping, gathering,
or water rights of the Tribe and its members.
TITLE III—MATTAPONI TRIBE
SEC. 301. FINDINGS.
Congress makes the following findings:
(1) The Mattaponi Indian Tribe and the
Mattaponi Indian people have been identified from
historical times until the present on a substantially
continuous basis as ‘‘American Indians’’ by anthro-
pologists, historians, and other scholars.
(2) In 1607, the Mattaponi Indians were identi-
fied by name by the English explorers John Smith,
who noted that they were living along the Mattaponi
River, and William Strachey, who placed the number
of their warriors at 140. The Mattaponi Tribe was
1 of the 6 tribes under the leadership of Chief Pow-
hatan in the late 16th century.
(3) During the war of 1644–1646, the
Mattaponi fled their homeland along the Mattaponi
River and took refuge in the highlands along
Piscataway Creek. With the cessation of hostilities,
the tribe gradually returned to its homeland. In
1656–1657, 
the 
King 
and 
greatmen 
of 
the
Mattaponi Tribe signed peace treaties with the
Court of Rappahannock County and the justices of
Old Rappahannock County in which the tribal mem-
bers were to be treated as Englishmen as far as
court and civil rights were concerned.
(4) During Bacon’s Rebellion, the Mattaponi
and Pamunkey were subjected to attacks by forces
under Nathaniel Bacon. At the end of that conflict,
the Virginia colony signed the Treaty of Middle
Plantation on May 29, 1677. The treaty was signed
on behalf of the Mattaponi Tribe by Cockacoeske,
who was Weroansqua (or ‘‘Chief’’) of the Powhatan
Chiefdom. Cockacoeske had become the head of the
Powhatan Chiefdom upon the death of her husband
Totopotamoy, in 1656. The Treaty of Middle Plan-
tation required, among other provisions, that the
Powhatan Chiefdom provide an annual tribute to the
Governor of Virginia. The Mattaponi and Pamunkey
Tribes continue to provide that tribute.
(5) In 1685, the Mattaponi, along with the
Pamunkey and Chickahominy Tribes, attended a
treaty conference at Albany.
(6) The Mattaponi continued to occupy their
reservation throughout the 17th and 18th centuries,
as acknowledged by encroachments on tribal land
during that time period, the presence of a Baptist
missionary who worked with the Tribe beginning in
the second quarter of the eighteenth century, and by
the comments of then Governor Thomas Jefferson in
1781. Throughout their history, the Mattaponi had
their own tribal government separate from the Pow-
hatan leadership, although the tribe remained a part
of that Chiefdomship.
(7) The same patterns of occupation and inter-
nal political control continued throughout the nine-
teenth century, with the Mattaponi repeatedly de-
fending themselves and their land against efforts by
local officials and individuals to dispose of their
property and deny their existence as a tribe. In
1812, an effort was made to take an acre of land
from the Mattaponi Tribe for a dam, but it was de-
feated, and in 1843, the so-called ‘‘Gregory Peti-
tion’’ alleged that the Pamunkey and Mattaponi
were no longer Indians. This effort to remove the
Mattaponi and Pamunkey from their lands was also
defeated. At about the same time, the historian
Henry Howe reported that there were 2 Indian
groups 
living 
in 
King 
William 
County, 
the
Pamunkey and the Mattaponi. In 1865, the
Pamunkey Baptist Church was formed, which many
Mattaponi attended over the years.
(8) 
Throughout 
the 
19th 
century, 
the
Mattaponi Tribe had its own tribal leadership. In
1868, the Mattaponi Tribe submitted a list of its
Chiefs, headmen and members to the Governor. The
list identified the Chief as Ellston Major, headmen
as Austin Key and Robert Toopence, and tribal
members as Nancy Franklin, Claiborne Key, Austin
Key, Jno Anderson Key, Henry Major, Ellston
Major, Ellwood Major, Lee Franklin Major, Coley
Major, Mary Major, Parkey Major, John Major,
Park Farley Toopence, Elizabeth Toopence, Robert
Toopence, Emeline Toopence, Laura Toopence,
Mary Catherine Toopence, James C. Toopence, and
Lucy J. Toopence. The list was signed by Hardin
Littlepage and William J. Trimmer, Trustees for the
tribe. Present-day tribal members trace back to the
individuals on that list. In the same year, L.D. Rob-
inson, another trustee for the Tribe, reported on a
road dispute involving access to the reservation. In
an effort to resolve the dispute, the Tribe petitioned
Governor Wells to prevent the blocking of the road.
(9) As the last two tribes to function as part
of the Powhatan Chiefdom, the Pamunkey and
Mattaponi Tribes were treated by the Common-
wealth of Virginia as a single administrative entity
until 1894, when the Mattaponi formally separated
from the Pamunkey-led Powhatan Chiefdom. The
Commonwealth’s general assembly responded in
1894 by appointing five trustees to the Mattaponi
Tribe. The Mattaponi, like the Pamunkey Tribe,
were declared exempt from certain local and county
taxes. For its part, the Mattaponi Tribe adopted by-
laws for its governance and established a school on
its reservation.
(10) During the 20th century, the Mattaponi
Tribe and its reservation have been repeatedly ac-
knowledged by the Commonwealth’s Governors and
Attorneys General. The Mattaponi Tribe has been
repeatedly identified in scholarly publications and
newspaper articles.
(11) The Mattaponi Tribal Council continues to
exercise its autonomous control over the affairs of
the reservation. It assigns land for its members’ use,
settles internal disputes, maintains tribal property,
and protects the interests of the Mattaponi Tribe in
its relationships with local, State, and Federal Gov-
ernments. It continues to maintain its obligations
under the Treaty of Middle Plantation of 1677 by
giving to the Governor of the Commonwealth of Vir-
ginia the annual tribute.
SEC. 302. DEFINITIONS.
For the purposes of this title—
(1) the term ‘‘Tribe’’ means the Mattaponi
Tribe;
(2) the term ‘‘Secretary’’ means the Secretary
of the Interior; and
(3) the term ‘‘member’’ means an enrolled
member of the Tribe, as of the date of the enact-
ment of this Act, or an individual who has been
placed on the membership rolls of the Tribe in ac-
cordance with this Act.
SEC. 303. FEDERAL RECOGNITION.
(a) FEDERAL RECOGNITION.—Federal recognition is
hereby extended to the Tribe. All laws and regulations of
the United States of general application to Indians or na-
tions, tribes, or bands of Indians, including the Act of
June 18, 1934 (25 U.S.C. 461 et seq.) which are not in-
consistent with any specific provision of this Act, shall be
applicable to the Tribe and its members.
(b) FEDERAL SERVICES AND BENEFITS.—
(1) IN GENERAL.—The Tribe and its members
shall be eligible, on and after the date of the enact-
ment of this Act, for all future services and benefits
provided by the Federal Government to federally rec-
ognized Indian tribes without regard to the existence
of a reservation for the Tribe or the location of the
residence of any member on or near any Indian res-
ervation.
(2) SERVICE AREA.—For purposes of the deliv-
ery of Federal services to enrolled members of the
Tribe, the Tribe’s service area shall be deemed to be
the area comprised of the Counties of King William,
King and Queen, Hanover, Henrico, and Chester-
field, and the cities of Richmond and Virginia Beach
in Virginia.
SEC. 304. MEMBERSHIP.
Not later than 18 months after the date of the enact-
ment of this Act, the Tribe shall submit to the Secretary
a membership roll consisting of all individuals currently
enrolled for membership in the Tribe. The qualifications
for inclusion on the membership roll of the Tribe shall be
determined by the membership clauses in the Tribe’s gov-
erning document, in consultation with the Secretary. Upon
completion of the roll, the Secretary shall immediately
publish notice of such in the Federal Register. The Tribe
shall ensure that such roll is maintained and kept current.
SEC. 305. CONSTITUTION AND GOVERNING BODY.
(a) CONSTITUTION.—
(1) ADOPTION.—Not later than 24 months
after the date of the enactment of this Act, the
Tribe shall conduct, by secret ballot, an election to
adopt a constitution and bylaws for the Tribe.
(2) INTERIM
GOVERNING
DOCUMENTS.—Until
such time as a new constitution is adopted under
paragraph (1), the governing documents in effect on
the date of enactment of this Act shall be the in-
terim governing documents for the Tribe.
(b) OFFICIALS.—
(1) ELECTION.—Not later than 6 months after
the Tribe adopts a constitution and bylaws pursuant
to subsection (a), the Tribe shall conduct elections
by secret ballot for the purpose of electing officials
for the Tribe as provided in the constitution and by-
laws.
(2) INTERIM GOVERNMENT.—Until such time
as the Tribe elects new officials pursuant to para-
graph (1), the governing body of the Tribe shall be
the governing body in place on the date of the enact-
ment of this Act, or any new governing body selected
under the election procedures specified in the in-
terim governing documents of the Tribe.
SEC. 306. RESERVATION OF THE TRIBE.
(a) LAND HELD IN TRUST BY STATE.—Notwith-
standing any other provision of law, if the Commonwealth
of Virginia transfers to the Secretary any land which is
held in trust by that State for the benefit of the Tribe
on the date of the enactment of this Act, the Secretary
shall take such land into trust for the benefit of the Tribe.
(b) OTHER LAND.—Notwithstanding any other provi-
sion of law, if the Tribe transfers any land within the
boundaries of King William County, Virginia, to the Sec-
retary, the Secretary shall take such land into trust for
the benefit of the Tribe.
SEC. 307. HUNTING, FISHING, TRAPPING, GATHERING, AND
WATER RIGHTS.
Nothing in this Act shall expand, reduce, or affect
in any manner any hunting, fishing, trapping, gathering,
or water rights of the Tribe and its members.
TITLE IV—UPPER MATTAPONI
TRIBE
SEC. 401. FINDINGS.
Congress makes the following findings:
(1) From 1607 until 1646, the Chickahominies
lived about 20 miles from Jamestown; were major
players in English-Indian affairs in those years.
Mattaponis, who joined them later, lived farther
away. In 1646, the Chickahominies moved to
Mattaponi River basin, away from the English.
(2) In 1661, the Chickahominies sold land at
‘‘the cliffs’’ on the Mattaponi River.
(3) In 1669, the Chickahominies appeared in
the Virginia Colony’s census of Indian bowmen; lived
then in ‘‘New Kent’’ County, which included the
Mattaponi River basin at that time.
(4) 
In 
1677, 
the 
Chickahominies 
and
Mattaponis 
were 
subjects 
of 
the 
Queen 
of
Pamunkey, who was a signatory to the Treaty of
1677 with the King of England.
(5) In 1683, the Mattaponi town was attacked
by Senecas; the Mattaponis took refuge with the
Chickahominies, and the history of the 2 groups was
intertwined for many years thereafter.
(6) In 1695, the Chickahominies/Mattaponis
were assigned a reservation by the Virginia Colony
and traded it for land at ‘‘the cliffs’’ they had owned
before 1661 (now the Mattaponi Indian Reserva-
tion).
(7) In 1711, the Chickahominies had a boy at
the Indian School at the College of William and
Mary.
(8) In 1726, the Virginia Colony discontinued
funding of interpreters for the tribes. James Adams,
who served as an interpreter to the tribes know
today as the Upper Mattaponi and Chickahominy,
elected to stay with the Upper Mattaponi. Today, a
majority of the Upper Mattoponi have ‘‘Adams’’ as
their surname.
(9) In 1787, Thomas Jefferson, in Notes on the
Commonwealth of Virginia, mentioned Mattaponis
on reservation in King William County and said
Chickahominies were ‘‘blended’’ with them and near-
by Pamunkeys.
(10) In 1850, the United States census showed
a nucleus of about 10 families, all ancestral to mod-
ern Upper Mattaponis, living in central King Wil-
liam County about 10 miles from the reservation.
(11) From 1853 until 1884, King William
County marriage records listed Upper Mattaponis as
‘‘Indian’’ when marrying reservation people.
(12) From 1884 until the present, county mar-
riage records usually call Upper Mattaponis ‘‘Indi-
ans’’.
(13) In 1901, Smithsonian anthropologist
James Mooney heard about the Upper Mattaponis
but did not visit them.
(14) In 1928, University of Pennsylvania an-
thropologist Frank Speck published a book on mod-
ern Virginia Indians with a section on the Upper
Mattaponis.
(15) From 1929 to 1930, the Tribe’s leadership
fought against a ‘‘colored’’ designation in the 1930
United States Census, and won a compromise in
which their Indian ancestry was recorded but ques-
tioned.
(16) From 1942 until 1945, the Tribe’s leader-
ship, with the help of Frank Speck and others,
fought against the Tribe’s young men being inducted
into ‘‘colored’’ units in the Armed Forces. A tribal
roll was compiled.
(17) From 1945 to 1946, negotiations to get
some of the Tribe’s young people admitted to high
schools for Federal Indians (especially at Cherokee);
no high school coursework was available for Indians
in Virginia schools.
(18) In 1983, the Upper Mattaponi Tribe ap-
plied for and won State recognition.
SEC. 402. DEFINITIONS.
For the purposes of this title—
(1) the term ‘‘Tribe’’ means the Upper
Mattaponi Tribe;
(2) the term ‘‘Secretary’’ means the Secretary
of the Interior; and
(3) the term ‘‘member’’ means an enrolled
member of the Tribe, as of the date of the enact-
ment of this Act, or an individual who has been
placed on the membership rolls of the Tribe in ac-
cordance with this Act.
SEC. 403. FEDERAL RECOGNITION.
(a) FEDERAL RECOGNITION.—Federal recognition is
hereby extended to the Tribe. All laws and regulations of
the United States of general application to Indians or na-
tions, tribes, or bands of Indians, including the Act of
June 18, 1934 (25 U.S.C. 461 et seq.) which are not in-
consistent with any specific provision of this Act, shall be
applicable to the Tribe and its members.
(b) FEDERAL SERVICES AND BENEFITS.—
(1) IN GENERAL.—The Tribe and its members
shall be eligible, on and after the date of the enact-
ment of this Act, for all future services and benefits
provided by the Federal Government to federally rec-
ognized Indian tribes without regard to the existence
of a reservation for the Tribe or the location of the
residence of any member on or near any Indian res-
ervation.
(2) SERVICE AREA.—For purposes of the deliv-
ery of Federal services to enrolled members of the
Tribe, the Tribe’s service area shall be deemed to be
the area comprised of King William, Richmond,
Henrico, Petersburg, Chesterfield, Newport News,
Chesapeake, Hanover, and Hopewell Counties in the
Commonwealth of Virginia.
SEC. 404. MEMBERSHIP.
Not later than 18 months after the date of the enact-
ment of this Act, the Tribe shall submit to the Secretary
a membership roll consisting of all individuals currently
enrolled for membership in the Tribe. The qualifications
for inclusion on the membership roll of the Tribe shall be
determined by the membership clauses in the Tribe’s gov-
erning document, in consultation with the Secretary. Upon
completion of the roll, the Secretary shall immediately
publish notice of such in the Federal Register. The Tribe
shall ensure that such roll is maintained and kept current.
SEC. 405. CONSTITUTION AND GOVERNING BODY.
(a) CONSTITUTION.—
(1) ADOPTION.—Not later than 24 months
after the date of the enactment of this Act, the
Tribe shall conduct, by secret ballot, an election to
adopt a constitution and bylaws for the Tribe.
(2) INTERIM
GOVERNING
DOCUMENTS.—Until
such time as a new constitution is adopted under
paragraph (1), the governing documents in effect on
the date of enactment of this Act shall be the in-
terim governing documents for the Tribe.
(b) OFFICIALS.—
(1) ELECTION.—Not later than 6 months after
the Tribe adopts a constitution and bylaws pursuant
to subsection (a), the Tribe shall conduct elections
by secret ballot for the purpose of electing officials
for the Tribe as provided in the constitution and by-
laws.
(2) INTERIM GOVERNMENT.—Until such time
as the Tribe elects new officials pursuant to para-
graph (1), the governing body of the Tribe shall be
the governing body in place on the date of the enact-
ment of this Act, or any new governing body selected
under the election procedures specified in the in-
terim governing documents of the Tribe.
SEC. 406. RESERVATION OF THE TRIBE.
Notwithstanding any other provision of law, if the
Tribe transfers any land within the boundaries of King
William County to the Secretary, the Secretary shall take
such land into trust for the benefit of the Tribe.
SEC. 407. HUNTING, FISHING, TRAPPING, GATHERING, AND
WATER RIGHTS.
Nothing in this Act shall expand, reduce, or affect
in any manner any hunting, fishing, trapping, gathering,
or water rights of the Tribe and its members.
(25) The tribal council continues to exercise
control over the reservation, as it has for the past
300 years. The Chief and council members continue
to assign land for individual tribal members’ use,
maintain the tribal properties, communicate the
Tribe’s interests and concerns to State officials, par-
ticularly the Governor, and settle disputes among
tribal members when it becomes necessary and is ap-
propriate.
(26) In 1865, a new and modern church was
erected by tribal members. The church was and still
is affiliated with the Southern Baptist Conference.
This is the oldest Indian church in the Common-
wealth of Virginia.
SEC. 502. DEFINITIONS.
For the purposes of this title—
(1) the term ‘‘Tribe’’ means the Pamunkey
Tribe;
(2) the term ‘‘Secretary’’ means the Secretary
of the Interior; and
(3) the term ‘‘member’’ means an enrolled
member of the Tribe, as of the date of the enact-
ment of this Act, or an individual who has been
placed on the membership rolls of the Tribe in ac-
cordance with this Act.