[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5073 Introduced in House (IH)]
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 Representatives 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 Indian 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, 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 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 proceeds 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 Commissioner 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 introduction 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 Affairs, 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 Affairs, 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 designation on birth records. Collier states that his
office cannot officially intervene because it has no
responsibility for the Virginia Indians, ``as a matter largely
of historical accident'', but is ``interested in them as
descendants of the original inhabitants of the region''.
(18) In 1948, the Veterans' Education Committee of the
Virginia State Board of Education approved 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 Chickahominy 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 Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.) on behalf
of Chickahominy 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 transactions.
(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 enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance 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 nations, tribes, or bands of Indians,
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are
not inconsistent 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 enactment of this Act,
for all future services and benefits provided by the Federal
Government to federally recognized 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
reservation.
(2) Service area.--For purposes of the delivery 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 enactment 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
governing 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 interim 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 bylaws.
(2) Interim government.--Until such time as the Tribe
elects new officials pursuant to paragraph (1), the governing
body of the Tribe shall be the governing body in place on the
date of the enactment of this Act, or any new governing body
selected under the election procedures specified in the interim
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 INDIAN TRIBE--EASTERN DIVISION
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 Samaria Baptist
Church. During the first few decades of the 20th century,
Chickahominy men were assessed a tribal tax so that their
children could receive 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 Chickahominy 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 Indians, a [none] State agency,
the Chickahominy Indian 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 enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance 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 nations, tribes, or bands of Indians,
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are
not inconsistent 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 enactment of this Act,
for all future services and benefits provided by the Federal
Government to federally recognized 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
reservation.
(2) Service area.--For purposes of the delivery 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 enactment 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
governing 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 interim 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 bylaws.
(2) Interim government.--Until such time as the Tribe
elects new officials pursuant to paragraph (1), the governing
body of the Tribe shall be the governing body in place on the
date of the enactment of this Act, or any new governing body
selected under the election procedures specified in the interim
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 anthropologists, historians, and other scholars.
(2) In 1607, the Mattaponi Indians were identified 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 Powhatan 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 members
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
Plantation 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 Powhatan leadership, although the
tribe remained a part of that Chiefdomship.
(7) The same patterns of occupation and internal political
control continued throughout the nineteenth century, with the
Mattaponi repeatedly defending 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 defeated, and in 1843, the so-
called ``Gregory Petition'' 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. Robinson, 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 Commonwealth 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 bylaws
for its governance and established a school on its reservation.
(10) During the 20th century, the Mattaponi Tribe and its
reservation have been repeatedly acknowledged 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 Governments. It continues to maintain its obligations
under the Treaty of Middle Plantation of 1677 by giving to the
Governor of the Commonwealth of Virginia 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 enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance 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 nations, tribes, or bands of Indians,
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are
not inconsistent 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 enactment of this Act,
for all future services and benefits provided by the Federal
Government to federally recognized 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
reservation.
(2) Service area.--For purposes of the delivery 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
Chesterfield, and the cities of Richmond and Virginia Beach in
Virginia.
SEC. 304. MEMBERSHIP.
Not later than 18 months after the date of the enactment 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
governing 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 interim 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 bylaws.
(2) Interim government.--Until such time as the Tribe
elects new officials pursuant to paragraph (1), the governing
body of the Tribe shall be the governing body in place on the
date of the enactment of this Act, or any new governing body
selected under the election procedures specified in the interim
governing documents of the Tribe.
SEC. 306. RESERVATION OF THE TRIBE.
(a) Land Held in Trust by State.--Notwithstanding 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 provision of law, if the
Tribe transfers any land within the boundaries of King William County,
Virginia, to the Secretary, 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 Reservation).
(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 nearby Pamunkeys.
(10) In 1850, the United States census showed a nucleus of
about 10 families, all ancestral to modern Upper Mattaponis,
living in central King William 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 marriage records
usually call Upper Mattaponis ``Indians''.
(13) In 1901, Smithsonian anthropologist James Mooney heard
about the Upper Mattaponis but did not visit them.
(14) In 1928, University of Pennsylvania anthropologist
Frank Speck published a book on modern 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 questioned.
(16) From 1942 until 1945, the Tribe's leadership, 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 applied 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 enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance 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 nations, tribes, or bands of Indians,
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are
not inconsistent 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 enactment of this Act,
for all future services and benefits provided by the Federal
Government to federally recognized 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
reservation.
(2) Service area.--For purposes of the delivery 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 enactment 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
governing 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 interim 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 bylaws.
(2) Interim government.--Until such time as the Tribe
elects new officials pursuant to paragraph (1), the governing
body of the Tribe shall be the governing body in place on the
date of the enactment of this Act, or any new governing body
selected under the election procedures specified in the interim
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.
TITLE V--PAMUNKEY TRIBE
SEC. 501. FINDINGS.
Congress makes the following findings:
(1) The Pamunkey Indian Tribe and the Pamunkey Indian
people have been identified from historical times until the
present on a substantially continuous basis as ``American
Indians,'' by anthropologists, historians, and other scholars.
(2) The data show that the Pamunkey Tribe has been
continuously identified as an American Indian tribe since
earliest contact. The Federal Government has repeatedly
recognized the Tribe and its members in Federal censuses,
reports, memos and letters, and legislation. The Colony and
Commonwealth of Virginia have identified the Tribe since the
early 1600's.
(3) The Tribe maintained a close relationship with the
Colony, which provided land for the Tribe and its trustees, and
sought to protect the Tribe from settlers. The Commonwealth of
Virginia took over the same responsibility and repeatedly
recognized the independence of the Pamunkey Tribe, its rights
and sovereignty on its land, and sought through legislation to
continue the protection of that land base.
(4) The year 1646 was a major turning point in the
political and social history of the Pamunkey Tribe. In that
year the Powhatan signed a treaty with the English. The treaty
made with the Pamunkey Chief and other Powhatan subjects
required the payment of an annual tribute of 20 beaver skins by
the Tribe to the English.
(5) Throughout the struggles of the Powhatan Indians with
the English in the 17th century, the Pamunkeys were never
dislodged from their aboriginal territories. In 1649, their
Chief Tottopottomoy received title to 5,000 acres for the Tribe
as a result of the treaty of 1646. Problems with settlers on
the Pamunkey lands led the Virginia Assembly to act on their
removal in 1653.
(6) In 1658, the Tribe was again secured in the land it had
and ``. . . those English which are lately gone to seat near
the Pamunkies, and Chicominyes, on the north side of the
Pamunkie river, shall be recalled . . .'' (Laws of the Colonial
and State Government 1832). The same law protected the rights
of the Tribes to hunt, but limited their range.
(7) The Pamunkey Tribe suffered grievously during Bacon's
Rebellion, although it was in no way involved in the events
which gave excuse for the attacks. Early in 1676, Bacon and his
supporters threatened the Pamunkeys, causing them to flee their
village; their deserted lands were then declared available for
settlement. In June of the same year the tribal leader
Cockacoeske was called to Richmond and ordered to provide
guides for the militia. Rountree describes the meeting with the
Governor's council: (Available upon request.)
(8) On May 29, 1677, the tribes, including Pamunkey, which
had not warred against the English, signed the Treaty of Middle
Plantation. Signing for the Pamunkey, Cockacoeske and her son,
Captain John West. According to the treaty, the signers
acknowledged that they were subjects of the King. The Tribe
continued possession of its reservation, but was required to
pay an annual tribute of 20 beaver skins and 3 arrows. The
Pamunkey leader was to act as the responsible authority for
all, and the English were prohibited from settling within 3
miles of the reservation.
(9) In 1792, the Pamunkey Tribe took its claims to Pamunkey
Neck to the House of Burgesses, where the claims were examined
by Robert Beverley. No action was taken on the claim. The land
ownership system of Virginia was a confusion of conflicting
claims that lead the colony, in 1662, to impose a system of
land processioning. This required that every 4 years the
property boundaries of every parcel be remarked. The law was
modified in 1705 and 1710 to make its enforcement easier. The
Pamunkey were well aware of the law and its import.
(10) In 1715, Queen Ann of the Pamunkeys, in behalf of
herself and her nation, protested to Governor Spotswood against
the settlers going beyond the bounds of land the Pamunkey had
sold. The petition stated that no notice of survey had been
given to them. This seemed to them manifestly unjust, ``since
when other people possession (sic) their bound (as we are
informed is customary once in four years) yor Petitioners never
had no notice of the same, or ever was warned to any
possessioning.''.
(11) Rountree sums up the Tribe's problems and efforts as
follows: ``Pamunkey land holdings were still considerable in
1706, though not all English claims had been cleared as yet.
English claimants kept appearing, and in spite of Pamunkey
protests about encroachments, many of the claims exhibited in
Williamsburg were often found to be good, since they dated from
1702-1704, a period in which many legal land transfers were
made in Pamunkey Neck.''.
(12) By 1715, when Queen Ann complained of English buyers
not notifying the Tribe of surveys to be made, and of surveying
more land than they had bought, the Tribe made up its
collective mind to sell no more land to anyone; it would only
make leases. But problems continued with Englishmen claiming
land and clearing too much. In 1718, the matter was finally
turned over to the King William County court, whose records are
no longer extant. In 1723, 1 last purchase of land, originally
made in 1687, was ratified by the Assembly at the Pamunkeys'
request. Meanwhile, the Pamunkeys had more trouble with an
English neighbor who hindered their hunting; in 1717, the
colonial council ordered him to desist. (Rountree 199:163-164).
(13) In 1748, the Virginia assembly appointed 3 whites to
act as tribal trustees to handle a sale of land necessitated by
expenses for food, clothing, and medical care. The tribal
request was made by 7 men of the Tribe. In 1759, the General
Assembly, at the request of the Tribe, put a small tract of
land in the control of the trustees, the land to be leased for
the benefit of the Tribe.
(14) In 1792, the General Assembly passed legislation
making it illegal for whites to purchase Indian land, setting
the penalty as a fine and loss of the land, and defending and
securing ``. . . their persons, goods and properties; and
whosoever shall defraud or take from their goods, or do hurt or
injury to their persons, shall make satisfaction, and be
punished for the same according to law, as if the Indian
sufferer had been a citizen of this Commonwealth.''.
(15) Throughout the 18th century and into the 19th century
the tribal government of the Pamunkey consisted of an
``informal council''. As early as 1798, this council
established rules for the management of the reservation.
(16) In 1812, the Pamunkey tribal structure had solidified.
A petition of that year regarding the leasing of land begins as
follows: ``We the undersigned headmen and Chiefs of the
Pamunkey Tribe of Indian . . .'' It is signed by the following
individuals: Willis Langston, William Cooper, James Langston,
Thomas Cooke, Archibal Langston, Louis Gunn, William Gunn,
Gideon Langston, John Sampson, William Sampson, John Mursh,
Louis Langston, and Henry Sampson (Petition 1812). An article
in a local newspaper, dated September 5, 1818, provides further
detail on the political structure of the Tribe.
(17) The government of the Indian town is singular and
truly republican. They elect 9 gentlemen of their neighborhood,
who act as trustees and attend at the passing of any of their
laws. These trustees are not vested with the power of proposing
or making laws for the Indian, but only of recording their laws
in a book, and objecting to such as seem injurious to the
Commonwealth of Virginia. Every Indian, male or female, of the
age of 18, has a vote in the election of trustees, and in
passing of laws. Like their ancestors, they are governed by a
Chief. The name of the present Chief is Willis Langston, a man
of a respectable and decent character, and a member of the
Baptist Church. (Virginia Herald 1818.)
(18) The laws of the Pamunkey Indian Town written here is
September 25, 1887. The following laws made and approved by the
Chief and council men, February 18, 1886, for the ruling of the
Pamunkey Tribe of Indian. (Available upon request.)
(19) The Indian school on the Pamunkey Reservation was
taught during the session of 1909-1910 by Miss Agnes Lumsden
and during 1910-1911 by Mrs. Lucie B. Dudley. A good 1-room
schoolhouse was erected on the reservation during the fall of
1909, the Indians themselves furnishing the rough lumber and
much of the labor. The house is neatly painted, is provided
with the latest approved system of heat and ventilation, and
has slate blackboards and good furniture. Two acres of ground
were secured and the sanitary conveniences were carefully
provided for. This school, as well as the schools at the 2
State reformatories are under immediate control and management
of the State Board of Education and are supervised by the
secretary of the Board. (Virginia School Report 1913:30.)
(20) The Attorney General was asked whether or not the
Pamunkey and Mattaponi were exempt from all taxes. He replied:
``I acknowledge reference to this office of your letter of June
23, 1917, to Mr. H.W. Neale, Commissioner of Revenue of King
William County, in which you express opinion that the Tribes of
Pamunkey and Mattaponi Indians, were exempt from all taxes,
State, local, and otherwise, and requesting me to advise you as
to the correctness of your opinion. I am of the opinion that
you have correctly construed the law as to these Tribes of
Indians, for so long as they follow up their pursuits upon the
reservation, they are governed by their own Tribal laws and are
subject to taxes by the laws of the Commonwealth of Virginia.
As far back as 1658 these Indians' lands were confirmed to them
by the Governor, the Council, and the Grand Assemblie of
Virginia. (See Indian Colonial and State laws, being E-93, U-58
in the State library.) Upon examination, I find that the
legislature of Virginia has frequently appointed trustees to
lease the surplus lands of these Tribes and empowered the
trustees to prosecute actions against persons trespassing
thereon . . . I think it is fair to assume from all of these
various acts that the Pamunkey and Mattaponi Indians of
Virginia are wards of the State, just as the Indians under
guardianship of the United States are wards of the nation. It
has been the policy of both State and nation not to subject
their wards to taxation.''
(21) The Tribe continues to maintain close ties with the
county and State officials. The county sheriff will not come on
to the reservation to make an arrest or serve a warrant without
first contacting the Chief. The Tribe continues to take the
annual tribute to the Governor.
(22) At the Federal level, the Congress passed legislation
ratifying the agreement settling the land dispute between the
Pamunkey Tribe and the Southern Railway Company. While the
legislation is neutral on the status of the Tribe, a House
committee did find the claims of the Tribe are based in part on
the doctrine of aboriginal title and in part on section 2116 of
the Revised Statutes of the United States (25 U.S.C. 177), and
approved and ratified the settlement (H.R. Report 1980:1-2).
(23) In 1985, the Tribe sought and received from the
Internal Revenue Service recognition of its status as a State
for the purposes of the Internal Revenue Code of 1986. This is
the same status accorded federally recognized tribes. In a
letter from E.L. Kennedy, Chief, Specialty Tax Branch of the
Internal Revenue Service, to Chief William H. Miles, Kennedy
stated the criteria for granting State status to the Pamunkey
Tribe based on the facts submitted by the Pamunkey Tribe. The
Tribe is now designated as a State for purposes of section
787(a) of the Internal Revenue Code of 1986, under the Indian
Tribal Government Tax Statute Act of 1982 (title II of Public
Law 97-473, 96 Stat. 2605, 2607-11, as amended by Public Law
98-21, 97 Stat. 65, 87 (1983-1C.B. 510, 511)).
(24) As of July 1998, the Pamunkey tribal council consisted
of 8 members, Chief William P. Miles and 7 council members. The
council members were Warren Cook (Vice Chief), Ivy Bradley,
Walter Hill, Bobby Gray, Terry Langston, Morton Langston, and
Ray Bush. Each is elected for a 4-year term. The election
process is a traditional one. The Chief appoints a 3-member
nominating committee that has the responsibility of polling all
eligible voters to determine who wishes to run for either Chief
or councilman. Once the list is readied it is presented at a
general tribal council meeting. Each candidate is voted upon
separately, and each voter present casts a ``yes'' or ``no''
vote. Prior to each vote a member of the Tribe passes out to
each voter a kernel of corn and a pea. As an individual's name
is presented, each voter deposits either a kernel of corn (yes)
or a pea (no) in a hat. The unused seeds are then collected and
those cast are counted. The process continues until everybody
on the nominating list has been voted upon.
(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, particularly the Governor, and settle disputes among
tribal members when it becomes necessary and is appropriate.
(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 Commonwealth 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 enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance with this Act.
SEC. 503. 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 nations, tribes, or bands of Indians,
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are
not inconsistent 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 enactment of this Act,
for all future services and benefits provided by the Federal
Government to federally recognized 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
reservation.
(2) Service area.--For purposes of the delivery of Federal
services to enrolled members of the Tribe, the Tribe's service
area shall be deemed to be the area comprised of 1,200 acres on
the Pamunkey River located in King William County, Virginia,
and surrounded by the Pamunkey River.
SEC. 504. MEMBERSHIP.
Not later than 18 months after the date of the enactment 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
governing 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. 505. 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 interim 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 bylaws.
(2) Interim government.--Until such time as the Tribe
elects new officials pursuant to paragraph (1), the governing
body of the Tribe shall be the governing body in place on the
date of the enactment of this Act, or any new governing body
selected under the election procedures specified in the interim
governing documents of the Tribe.
SEC. 506. RESERVATION OF THE TRIBE.
(a) Land Held in Trust by State.--Notwithstanding 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 provision of law, if the
Tribe transfers any land within the boundaries of King William County,
Virginia, to the Secretary, the Secretary shall take such land into
trust for the benefit of the Tribe.
SEC. 507. 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 VI--RAPPAHANNOCK TRIBE
SEC. 601. FINDINGS.
Congress makes the following findings:
(1) During the initial months after Virginia was settled,
the Rappahannocks had 3 encounters with Captain John Smith. The
first occurred when the Rappahannock weroance (headman)
traveled to Quiyocohannock (a principal town across the James
River from Jamestown) where he met with the Englishman to
determine if Smith had been the ``great man'' who had
previously sailed into the Rappahannock River, killed a
Rappahannock weroance, and kidnaped Rappahannock people. He
determined that Smith was too short to be that ``great man''.
On a second meeting, during John Smith's captivity (December
16, 1607 to January 8, 1608), Smith was taken to the
Rappahannock principal village to show the people that Smith
was not the ``great man.'' A third meeting took place during
Smith's exploration of the Chesapeake Bay (July to September
1608), when Smith was prevailed upon to make peace between the
Rappahannock and the Moraughtacund Indians. The Moraughtacunds
had stolen 3 women from the Rappahannock King. In the
settlement, Smith had the 2 tribes meet on the spot of their
first fight. When it was established that both sides wanted
peace, Smith told the Rappahannock King to select which of the
3 women he wanted; the Moraughtacund King got second choice;
Mosco, a Wighcocomoco (on the Potomac River) guide, was given
the third woman.
(2) In 1645, Captain William Claiborne tried unsuccessfully
to establish treaty relations with the Rappahannocks. The
Rappahannocks had not participated 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
Pamukeys''.
(3) In April 1651, the Rappahannocks conveyed their first
tract of land to an English settler, Colonel Morre Fauntleroy.
The deed was signed by Accopatough, weroance of the
Rappahannock Indians.
(4) In September 1653, Lancaster County signed a treaty
with Rappahannock Indians. The terms of the treaty gave
Rappahannocks the rights of Englishmen in the county court, and
it tried to make the Rappahannocks more accountable to English
law.
(5) In September 1653, Lancaster County defined and marked
the bounds of its Indian settlements. According to the
Lancaster clerk of court, ``the tribe called the great
Rappahannocks lived on the Rappahannock Creek just across the
river above Tappahannock''.
(6) In September 1656, (Old) Rappahannock County (modern-
day Richmond and Essex Counties) signed a treaty with
Rappahannock Indians. The treaty mirrored the Lancaster County
treaty from 1653 (see above), and added 2 points: Rappahannocks
were to be rewarded, in Roanoke, for returning English
fugitives and the English encouraged the Rappahannocks to send
their children to live among the English as servants, who the
English promised would be well treated.
(7) 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''.
(8) In 1669, the colony conducted a census of Virginia
Indians. At that time, the majority of the Rappahannocks were
residing at their hunting village on the north side of the
Mattaponi River. At the time of the visit, census takers were
counting only the tribes along the rivers. This explains the
low number of 30 Rappahannock bowmen counted on that river. The
Rappahannocks used this hunting village on the north side of
the Mattaponi River as their primary residence until they were
removed in 1684.
(9) In May 1677, the Treaty of Middle Plantation was signed
with England. The Pamunkey Queen Cockacoeske signed on behalf
of the Rappahannocks ``who were supposed to be her
tributaries''. However, before the treaty could be ratified,
the Queen of Pamunkey complained to the Virginia Colonial
Council ``that she was having trouble with Rappahannocks and
Chickahominies, supposedly tributaries of hers''.
(10) In November 1682, the Virginia Colonial Council
established a reservation for the Rappahannock Indians of 3,474
acres ``about the town where they dwelt''. The Rappahannocks
``town'' was their hunting village on the north side of the Mattaponi
River, where they had lived throughout the 1670's. The acreage
allotment was based on the 1658 Indian land act (seen above), which
translates into a bowman population of 70, or an approximate total
Rappahannock population of 350.
(11) In 1683, following raids by Iroquoian warriors 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 Rappahannock River some 30 miles.
(12) Between 1687 and 1699, the Rappahannocks migrated out
of Nanzatico, returning to the south side of the Rappahannock
River at Portobacco Indian Town.
(13) In 1706, by order of Essex County, Lieutenant Richard
Covington ``escorted'' the Portobaccos and Rappahannocks out of
Portobacco Indian Town, out of Essex County, and into King and
Queen County were they settled along the ridgeline between the
Rappahannock and Mattaponi Rivers, the site of their ancient
hunting village and 1682 reservation.
(14) During the 1760's, 3 Rappahannock girls were raised on
Thomas Nelson's ``Bleak Hill'' Plantation in King William
County. One girl married a Saunders man, 1 a Johnson man, and
the third had 2 children, Edmund and Carter Nelson, fathered by
Thomas Cary Nelson. In the 19th century, these Sauders,
Johnson, and Nelson families are among the core Rappahannock
families from which the modern tribe traces its descent.
(15) In 1819 and 1820, Edward Bird, John Bird and his
unnamed wife, Carter Nelson, Edmund Nelson, and Carter Spurlock
(all Rappahannock ancestors) were listed on the tax roles of
King and Queen County. They are taxed at the county poor rate.
Edmund Bird is added to the list in 1821. This is significant
documentation because the overwhelming majority of pre-1864
records for King and Queen County were destroyed by fire.
(16) Beginning in 1819, and continuing through the 1880's,
there was a solid Rappahannock presence in the membership at
Upper Essex Baptist Church. This is the first instance of
conversion to Christianity by at least some Rappahannocks.
Twenty-six identifiable and traceable Rappahannock surnames
appear on the pre-1863 membership list; 28 were listed on the
1863 membership roster; that number had declined to 12 in 1878
and had risen only slightly to 14 by 1888. One reason for the
decline: 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. Mastin documented from 1850 to 1870, ``These Indians,
having a great need for moral and Christian guidance''. St.
Stephens was the dominant tribal church until the Rappahannock
Indian Baptist Church was established in 1964. At both, the
core Rappahannock family names of Bird, Clarke, Fortune,
Johnson, Nelson, Parker, and Richardson predominate.
(17) During the early 1900's, James Mooney, noted
anthropologist, maintained correspondence with the
Rappahannocks, surveying them and instructing them on how to
formalize their tribal government.
(18) November 1920, Speck visited the Rappahannocks and
assisted them in organizing the fight for their sovereign
rights. In 1921, the Rappahannocks were granted a charter from
the Commonwealth of Virginia formalizing their tribal
government. Speck began a professional relationship with the
Tribe that would last more than 30 years and document
Rappahannock history and traditions as never done before.
(19) April 1921, Rappahannock Chief George Nelson asked the
Governor of Virginia, Westmoreland Davis, to forward a
proclamation to the President of the United States. A list of
tribal members and a handwritten copy of the proclamation
itself were appended. The letter concerned Indian freedom of
speech and assembly nationwide.
(20) In 1922, the Rappahannocks established a formal school
at Lloyds, Essex County, Virginia. Prior to that time,
Rappahannock children were taught by a tribal member in Central
Point, Caroline County, Virginia.
(21) In December 1923, Rappahannock Chief George Nelson
testified before the United States Congress appealing for a
$50,000 appropriation to establish an Indian school in
Virginia.
(22) 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
census. In January 1930, Rappahannock Chief Otho S. Nelson
wrote to the Chief Statistician of the United States Census
Bureau asking that the 218 enrolled Rappahannocks be listed as
Indians. In February, Leon Truesdell replied to Nelson saying
that ``special instructions'' were being given about
classifying Indians. That April, Nelson wrote to William M.
Steuart at the Census Bureau asking about the enumerators'
failure to classify his people as Indians. Nelson said that
enumerators had not asked the question about race when they
interviewed his people. In a follow-up letter to Truesdell,
Nelson reported that the enumerators were ``flatly denying''
his people's request to be listed as Indians. Furthermore, the
race question was completely avoided during interviews. The
Rappahannocks had talked with Caroline and Essex County
enumerators, and with John M.W. Green already, without success.
Nelson asked Truesdell to list people as Indian if he sent a
list of members. The matter was settled by William Steuart who
concluded that the Bureau's rule was that people of Indian
descent could only be classified as ``Indian'' if Indian
``blood'' predominated and ``Indian'' identity was accepted in
the local community. 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. Therefore,
in 1925, the Indian Rights Association took on the Rappahannock case to
assist them in fighting for their recognition and rights s an Indian
Tribe.
(23) During the Second World War, the Pamunkeys,
Mattaponis, Chickahominies, and Rappahannocks had to fight the
draft boards about their racial identity. The Virginia Vital
Statistics Bureau insisted that certain Indian draftees be
inducted into Negro units. In the end, 3 Rappahannocks were
convicted of violating the Federal draft laws. After spending
time in a Federal prison, they were granted conscientious
objector status and served out the remainder of the war working
in military hospitals.
(24) 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. The
Rappahannocks were included in this grouping.
(25) In the 1940's, Leon Truesdell, Chief Statistician,
United States Bureau of the Census, listed 118 members in the
Rappahannock tribe in the Indian population of Virginia.
(26) April 25, 1940, the United States Department of the
Interior, Office of Indian Affairs includes the Rappahannocks
in their list of Tribes by State and Agency.
(27) In 1948, the Smithsonian Institution Annual Report
included an article by William Harlen Gilbert entitled,
``Surviving Indian Groups of the Eastern United States''. The
Rappahannock Tribe was included and described in this article.
(28) In the late 1940's and early 1950's, the Rappahannocks
operated a school at Indian Neck. 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. In 1965, Rappahannock students entered Marriott High
School (a white public school) by Executive order of the
Governor of Virginia. In 1972, the Rappahannocks worked with
the Coalition of Eastern Native Americans to fight for Federal
recognition. In 1979, the Coalition established a pottery and
artisans company, operating with other Virginia tribes. In
1980, the Rappahannocks received funding through the
Administration for Native Americans, to develop an economic
program for the Tribe.
(29) In 1983, the Rappahannocks received State recognition.
SEC. 602. DEFINITIONS.
For the purposes of this title--
(1) the term ``Tribe'' means the organization possessing
the legal name Rappahannock Tribe, Inc., only and no other
tribe, subtribe, band, or splinter groups representing
themselves as Rappahannocks;
(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 enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance with this Act.
SEC. 603. FEDERAL RECOGNITION.
(a) Federal Recognition.--Federal recognition is hereby extended to
the Tribe, which entitles the Rappahannocks to all sovereign powers and
rights as autonomous Native American Nations. All laws and regulations
of the United States of general application to Indians or nations,
tribges, or bands of Indians, including the Act of June 18, 1934 (25
U.S.C. 461 et seq.) which are not inconsistent 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 enactment of this Act,
for all future services and benefits provided by the Federal
Government to federally recognized 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
reservation.
(2) Service area.--For purposes of the delivery of Federal
services to enrolled members of the Tribe, the Tribe's service
area shall be deemed to be the area comprised of King and
Queen, Caroline, and Essex Counties, Virginia.
SEC. 604. MEMBERSHIP.
Not later than 18 months after the date of the enactment 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
governing 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. 605. 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 interim 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 bylaws.
(2) Interim government.--Until such time as the Tribe
elects new officials pursuant to paragraph (1), the governing
body of the Tribe shall be the governing body in place on the
date of the enactment of this Act, or any new governing body
selected under the election procedures specified in the interim
governing documents of the Tribe.
SEC. 606. RESERVATION OF THE TRIBE.
Notwithstanding any other provision of law, if the Tribe transfers
the land described in subsection (b) and any other land within the
boundaries of King and Queen County, Essex County, and Caroline County,
Virginia, to the Secretary, the Secretary shall take such land into
trust for the benefit of the Tribe.
SEC. 607. 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 VII--MONACAN TRIBE
SEC. 701. FINDINGS.
Congress makes the following findings:
(1) In 1677, the Monacan Tribe signed the Treaty of Middle
Plantation between Charles II of England and 12 Indian ``Kings
and Chief Men''.
(2) In 1722, in the Treaty of Albany, Governor Spotswood
negotiated to save the Virginia Indians from extinction at the
hands of the Iroquois. Specifically mentioned are the Monacan
tribes of the Totero (Tutelo), Saponi, Ocheneeches
(Occaneechi), Stengenocks, and Meipontskys.
(3) In 1782, the First National Census records Benjamin
Evans and Robert Johns, both ancestors of the present Monacan
community. They are listed as white with mulatto children. Tax
records also begin for these families.
(4) In 1850, the Census records 29 families, mostly large,
with Monacan surnames, who are genealogically related to the
present community.
(5) In 1870, a log structure at the Bear Mountain Indian
Mission was built. In 1908, this structure became an Episcopal
Mission and is now listed as a National Historic Landmark.
(6) In 1920, 304 Amherst Indians are listed on the Census.
(7) From 1930 through 1931, a flurry of letters from
Monacans to the United States Bureau of the Census results from
Dr. Walter Plecker's (head of State Bureau of Vital Statistics)
decision not to allow Indians to register as such for the 1930
census. The Monacans succeed in being allowed to claim their
race, albeit with an asterisk attached to a note from Dr.
Plecker stating that there are no Indians in Virginia.
(8) In 1947, D'Arcy McNickle, a Salish Indian, saw some of
the children at the Amherst Mission and requested that the
Cherokee Agency visit them because they appeared to be Indian.
This letter was forwarded to the Department of the Interior,
Office of Indian Affairs, Chicago, Illinois. Chief Jarrett
Blythe of the Eastern Band of Cherokee did visit the Mission
and wrote that he ``would be willing to accept these children
in the Cherokee school''.
(9) In 1979, a Federal Coalition of Eastern Native
Americans grant established the Monacan Co-operative Pottery at
the Mission. Some important pieces are produced, including one
that was sold to the Smithsonian.
(10) In 1981, the Mattaponi-Pamunkey-Monacan Consortium was
created and since organized as a nonprofit corporation that
serves as a vehicle to obtain funds for the tribes through the
Native American Program of the Job Training Partnership Act
(Department of Labor).
(11) In 1989, the Monacan Tribe is officially recognized by
the Commonwealth of Virginia, which enables the Tribe to apply
for grants and other programs. In 1993, the Tribe received tax-
exempt status as a nonprofit corporation from the Internal
Revenue Service.
SEC. 702. DEFINITIONS.
For the purposes of this title--
(1) the term ``Tribe'' means the Monacan 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 enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance with this Act.
SEC. 703. 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 nations, tribes, or Tribes of Indians,
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are
not inconsistent 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 enactment of this Act,
for all future services and benefits provided by the Federal
Government to federally recognized 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
reservation.
(2) Service area.--For purposes of the delivery of Federal
services to enrolled members of the Tribe, the Tribe's service
area shall be deemed to be the area comprised of all lands
within 150 miles of the center of Amherst, Virginia.
SEC. 704. MEMBERSHIP.
Not later than 18 months after the date of the enactment 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
governing 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. 705. 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 interim 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 bylaws.
(2) Interim government.--Until such time as the Tribe
elects new officials pursuant to paragraph (1), the governing
body of the Tribe shall be the governing body in place on the
date of the enactment of this Act, or any new governing body
selected under the election procedures specified in the interim
governing documents of the Tribe.
SEC. 706. RESERVATION OF THE TRIBE.
Notwithstanding any other provision of law, if the Tribe transfers
to the Secretary a parcel consisting of approximately 10 acres located
on Kenmore Road in Amherst County, Virginia, and a parcel of land
consisting of approximately 110 acres located at the foot of Bear
Mountain in Amherst County, Virginia, the Secretary shall take such
land into trust for the benefit of the Tribe.
SEC. 707. 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 VIII--NANSEMOND TRIBE
SEC. 801. FINDINGS.
Congress makes the following findings:
(1) From 1607 until 1646, Nansemonds lived about 30 miles
from Jamestown; were major players in English-Indian affairs in
those years. After 1646, there were 2 sections of the tribe, in
communication with each other: the Christianized Nansemonds in
Norfolk County lived as citizens, while the traditionalist
Nansemonds farther west (various counties) had a reservation.
(2) In 1638, a Norfolk County Englishman married a
Nansemond woman, according to an entry in a 17th century sermon
book still owned by the Chief's family. The couple are lineal
ancestors of all of the present Nansemond tribe (so are some of
the traditionalists).
(3) In 1669, the Tribe's 2 sections appeared in Virginia
Colony's census of Indian bowmen.
(4) In 1677, Nansemonds were signatories to the Treaty of
1677 with the King of England.
(5) In 1700 and 1704, the Nansemonds and other Virginia
tribes were prevented by Virginia Colony from making a separate
peace with the Iroquois. Virginia represented them in the final
Treaty of Albany, 1722.
(6) In 1711, the Nansemonds had a boy at the Indian School
at the College of William and Mary.
(7) In 1727, Norfolk County allowed to William Bass and
kinsmen the ``Indian privileges'' of clearing swamp land and
bearing arms (forbidden to other nonwhites) because of their
Nansemond descent, which meant they were original inhabitants
of said land.
(8) In 1742, Norfolk County issued a certificate of
Nansemond descent to William Bass.
(9) From the 1740's to the 1790's, the traditionalist
section of the Nansemond tribe, 40 miles west, was dealing with
reservation lands. The last surviving members of that section
sold out in 1792, with permission of the Commonwealth of
Virginia.
(10) In 1797, Norfolk County issued a certificate stating
that William Bass was of Indian and English descent; the Indian
line of ancestry ran directly back to the early 18th century
elder in a traditionalist section of Nansemonds on the
reservation.
(11) In 1833, a State law passed enabling European and
Indian descended people to get a special certificate of
ancestry; a bill originated from the county where Nansemonds
lived, and mostly Nansemonds took advantage of the law (few
people in other counties).
(12) Around 1850, a Methodist mission was established for
Nansemonds which is now a standard Methodist congregation and
still with Nansemond members.
(13) In 1901, Smithsonian anthropologist James Mooney
visited the Nansemonds and took a tribal census counting 61
households. The census was later published.
(14) In 1922, Nansemonds got a special Indian school in
Norfolk County's segregated school system. The school survived
only a few years.
(15) In 1928, University of Pennsylvania anthropologist
Frank Speck published a book on modern Virginia Indians with a
section on the Nansemonds.
(16) In 1984, the Nansemonds were organized formally, with
elected officers; then applied for and won State recognition.
SEC. 802. DEFINITIONS.
For the purposes of this title--
(1) the term ``Tribe'' means the Nansemond 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 enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance with this Act.
SEC. 803. 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 nations, 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 enactment of this Act,
for all future services and benefits provided by the Federal
Government to federally recognized 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
reservation.
(2) Service area.--For purposes of the delivery of Federal
services to enrolled members of the Tribe, the Tribe's service
area shall be deemed to be the area comprised of the cities of
Chesapeake, Hampton, Newport News, Norfolk, Portsmouth,
Suffolk, and Virginia Beach, Virginia.
SEC. 804. MEMBERSHIP.
Not later than 18 months after the date of the enactment 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
governing 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. 805. 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 interim 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 bylaws.
(2) Interim government.--Until such time as the Tribe
elects new officials pursuant to paragraph (1), the governing
body of the Tribe shall be the governing body in place on the
date of the enactment of this Act, or any new governing body
selected under the election procedures specified in the interim
governing documents of the Tribe.
SEC. 806. RESERVATION OF THE TRIBE.
Notwithstanding any other provision of law, if the Tribe transfers
any land within the boundaries of the cities of Chesapeake, Hampton,
Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach,
Virginia, to the Secretary, the Secretary shall take such land into
trust for the benefit of the Tribe.
SEC. 807. 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.
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