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H.R. 5073 (106th): Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2000


The text of the bill below is as of Jul 27, 2000 (Introduced).


HR 5073 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.