[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3349 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3349

  To extend Federal recognition to the Chickahominy Indian Tribe, the 
Chickahominy Indian Tribe--Eastern Division, the Upper Mattaponi Tribe, 
   the Rappahannock Tribe, Inc., the Monacan Indian Nation, and the 
                        Nansemond Indian Tribe.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 19, 2005

Mr. Moran of Virginia (for himself, Mrs. Jo Ann Davis of Virginia, Mr. 
     Scott of Virginia, Mr. Tom Davis of Virginia, and Mr. Kildee) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

_______________________________________________________________________

                                 A BILL


 
  To extend Federal recognition to the Chickahominy Indian Tribe, the 
Chickahominy Indian Tribe--Eastern Division, the Upper Mattaponi Tribe, 
   the Rappahannock Tribe, Inc., the Monacan Indian Nation, and the 
                        Nansemond Indian Tribe.

    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 2005''.

                   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 1711, 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.O. 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.O. 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 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; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of the 
enactment of this Act.

SEC. 105. GOVERNING BODY.

    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 governing 
documents of the Tribe.

SEC. 106. RESERVATION OF THE TRIBE.

    (a) In General.--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.
    (b) Construction.--No reservation or tribal lands or land taken 
into trust for the benefit of the Tribe shall be construed to satisfy 
the terms for an exception under section 20(b)(1)(B) of the Indian 
Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)) to the prohibition on 
gaming on lands acquired by the Secretary in trust for the benefit of 
an Indian tribe after October 17, 1988, under section 20(a) of such Act 
(25 U.S.C. 2719(a)).

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 started 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, a nonprofit organization known as the United 
        Indians of Virginia was formed. Chief Marvin ``Strongoak'' 
        Bradby of the Eastern Band of the Chickahominy presently chairs 
        the organization.

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; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of the 
enactment of this Act.

SEC. 205. GOVERNING BODY.

    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 governing 
documents of the Tribe.

SEC. 206. RESERVATION OF THE TRIBE.

    (a) In General.--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.
    (b) Construction.--No reservation or tribal lands or land taken 
into trust for the benefit of the Tribe shall be construed to satisfy 
the terms for an exception under section 20(b)(1)(B) of the Indian 
Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)) to the prohibition on 
gaming on lands acquired by the Secretary in trust for the benefit of 
an Indian tribe after October 17, 1988, under section 20(a) of such Act 
(25 U.S.C. 2719(a)).

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--UPPER MATTAPONI TRIBE

SEC. 301. 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 Mattaponi 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. 302. 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. 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 within 25 miles of the 
        Tribe's tribal center in King William County, Virginia.

SEC. 304. MEMBERSHIP; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of the 
enactment of this Act.

SEC. 305. GOVERNING BODY.

    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 governing 
documents of the Tribe.

SEC. 306. RESERVATION OF THE TRIBE.

    (a) In General.--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.
    (b) Construction.--No reservation or tribal lands or land taken 
into trust for the benefit of the Tribe shall be construed to satisfy 
the terms for an exception under section 20(b)(1)(B) of the Indian 
Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)) to the prohibition on 
gaming on lands acquired by the Secretary in trust for the benefit of 
an Indian tribe after October 17, 1988, under section 20(a) of such Act 
(25 U.S.C. 2719(a)).

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--RAPPAHANNOCK TRIBE, INC.

SEC. 401. 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 
        Pamunkeys''.
            (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 where 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 Saunders, 
        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 as 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. 402. 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. 403. 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, 
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 and 
        Queen, Caroline, and Essex Counties, Virginia.

SEC. 404. MEMBERSHIP; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of the 
enactment of this Act.

SEC. 405. GOVERNING BODY.

    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 governing 
documents of the Tribe.

SEC. 406. RESERVATION OF THE TRIBE.

    (a) In General.--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.
    (b) Construction.--No reservation or tribal lands or land taken 
into trust for the benefit of the Tribe shall be construed to satisfy 
the terms for an exception under section 20(b)(1)(B) of the Indian 
Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)) to the prohibition on 
gaming on lands acquired by the Secretary in trust for the benefit of 
an Indian tribe after October 17, 1988, under section 20(a) of such Act 
(25 U.S.C. 2719(a)).

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--MONACAN INDIAN NATION

SEC. 501. 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. 502. DEFINITIONS.

    For the purposes of this title--
            (1) the term ``Tribe'' means the Monacan Indian Nation;
            (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 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 25 miles of the center of Amherst, Virginia.

SEC. 504. MEMBERSHIP; GOVERNING DOCUMENTS.

    The membership roll and governing documents of the Tribe shall be 
the most recent membership roll and governing documents, respectively, 
submitted by the Tribe to the Secretary before the date of the 
enactment of this Act.

SEC. 505. GOVERNING BODY.

    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 governing 
documents of the Tribe.

SEC. 506. RESERVATION OF THE TRIBE.

    (a) In General.--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 165 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.
    (b) Construction.--No reservation or tribal lands or land taken 
into trust for the benefit of the Tribe shall be construed to satisfy 
the terms for an exception under section 20(b)(1)(B) of the Indian 
Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)) to the prohibition on 
gaming on lands acquired by the Secretary in trust for the benefit of 
an Indian tribe after October 17, 1988, under section 20(a) of such Act 
(25 U.S.C. 2719(a)).

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--NANSEMOND INDIAN TRIBE

SEC. 601. 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. 602. DEFINITIONS.

    For the purposes of this title--
            (1) the term ``Tribe'' means the Nansemond 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. 603. 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 cities of 
        Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, 
        Suffolk, and Virginia Beach, 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. Three months 
after the date of the enactment of this Act the Secretary shall publish 
notice of such in the Federal Register. The Tribe shall ensure that 
such roll is maintained and kept current.

SEC. 605. GOVERNING DOCUMENTS AND GOVERNING BODY.

    (a) Governing Documents.--The governing documents of the Tribe in 
effect on the date of enactment of this Act shall be the interim 
governing documents for the Tribe until such documents are changed in 
accordance with the documents.
    (b) Governing Body.--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 governing documents of the Tribe.

SEC. 606. RESERVATION OF THE TRIBE.

    (a) In General.--Notwithstanding any other provision of law, if the 
Tribe transfers the land described in subsection (b) and any other land 
within the boundaries of the City of Suffolk, the City of Chesapeake, 
and Isle of Wright County, Virginia, to the Secretary, the Secretary 
shall take such land into trust for the benefit of the Tribe.
    (b) Construction.--No reservation or tribal lands or land taken 
into trust for the benefit of the Tribe shall be construed to satisfy 
the terms for an exception under section 20(b)(1)(B) of the Indian 
Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(B)) to the prohibition on 
gaming on lands acquired by the Secretary in trust for the benefit of 
an Indian tribe after October 17, 1988, under section 20(a) of such Act 
(25 U.S.C. 2719(a)).

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.
                                 <all>