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Union Calendar No. 50 111TH CONGRESS

1ST SESSION H. R. 1385 [Report No. 111–104]

To extend Federal recognition to the Chickahominy Indian Tribe, the Chicka-

hominy 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

MARCH 9, 2009

Mr. MORAN of Virginia (for himself, Mr. RAHALL, Mr. WITTMAN, Mr.

CONNOLLY of Virginia, Mr. GRIJALVA, Mr. PERRIELLO, and Mr. SCOTT

of Virginia) introduced the following bill; which was referred to the Com-

mittee on Natural Resources

MAY 12, 2009

Additional sponsors: Mr. ABERCROMBIE and Mr. KILDEE

MAY 12, 2009

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 9, 2009]

A BILL To extend Federal recognition to the Chickahominy Indian

Tribe, the Chickahominy Indian Tribe—Eastern Divi-

sion, the Upper Mattaponi Tribe, the Rappahannock

VerDate Nov 24 2008 02:08 May 13, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1385.RH H1385jbel

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Inc., the Monacan Indian Nation, and the Nansemond

Indian Tribe.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3

(a) SHORT TITLE.—This Act may be cited as the 4

‘‘Thomasina E. Jordan Indian Tribes of Virginia Federal 5

Recognition Act of 2009’’. 6

(b) TABLE OF CONTENTS.—The table of contents of this 7

Act is as follows: 8

Sec. 1. Short title; table of contents.

TITLE I—CHICKAHOMINY INDIAN TRIBE

Sec. 101. Findings.

Sec. 102. Definitions.

Sec. 103. Federal recognition.

Sec. 104. Membership; governing documents.

Sec. 105. Governing body.

Sec. 106. Reservation of the Tribe.

Sec. 107. Hunting, fishing, trapping, gathering, and water rights.

Sec. 108. Jurisdiction of Commonwealth of Virginia.

TITLE II—CHICKAHOMINY INDIAN TRIBE—EASTERN DIVISION

Sec. 201. Findings.








TITLE III—UPPER MATTAPONI TRIBE

Sec. 301. Findings.









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TITLE IV—RAPPAHANNOCK TRIBE, INC.

Sec. 401. Findings.








TITLE V—MONACAN INDIAN NATION

Sec. 501. Findings.








TITLE VI—NANSEMOND INDIAN TRIBE

Sec. 601. Findings.








TITLE I—CHICKAHOMINY INDIAN 1

TRIBE 2

SEC. 101. FINDINGS. 3

Congress finds that— 4

(1) in 1607, when the English settlers set shore 5

along the Virginia coastline, the Chickahominy In-6

dian Tribe was 1 of about 30 tribes that received 7

them; 8

(2) in 1614, the Chickahominy Indian Tribe en-9

tered into a treaty with Sir Thomas Dale, Governor 10

of the Jamestown Colony, under which— 11


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(A) the Chickahominy Indian Tribe agreed 1

to provide 2 bushels of corn per man and send 2

warriors to protect the English; and 3

(B) Sir Thomas Dale agreed in return to 4

allow the Tribe to continue to practice its own 5

tribal governance; 6

(3) in 1646, a treaty was signed which forced the 7

Chickahominy from their homeland to the area 8

around the York Mattaponi River in present-day 9

King William County, leading to the formation of a 10

reservation; 11

(4) in 1677, following Bacon’s Rebellion, the 12

Queen of Pamunkey signed the Treaty of Middle 13

Plantation on behalf of the Chickahominy; 14

(5) in 1702, the Chickahominy were forced from 15

their reservation, which caused the loss of a land base; 16

(6) in 1711, the College of William and Mary in 17

Williamsburg established a grammar school for Indi-18

ans called Brafferton College; 19

(7) a Chickahominy child was 1 of the first Indi-20

ans to attend Brafferton College; 21

(8) in 1750, the Chickahominy Indian Tribe 22

began to migrate from King William County back to 23

the area around the Chickahominy River in New 24

Kent and Charles City Counties; 25


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(9) in 1793, a Baptist missionary named 1

Bradby took refuge with the Chickahominy and took 2

a Chickahominy woman as his wife; 3

(10) in 1831, the names of the ancestors of the 4

modern-day Chickahominy Indian Tribe began to ap-5

pear in the Charles City County census records; 6


formed Samaria Baptist Church; 8

(12) from 1901 to 1935, Chickahominy men were 9

assessed a tribal tax so that their children could re-10

ceive an education; 11

(13) the Tribe used the proceeds from the tax to 12

build the first Samaria Indian School, buy supplies, 13

and pay a teacher’s salary; 14

(14) in 1919, C. Lee Moore, Auditor of Public 15

Accounts for Virginia, told Chickahominy Chief O.W. 16

Adkins that he had instructed the Commissioner of 17

Revenue for Charles City County to record Chicka-18

hominy tribal members on the county tax rolls as In-19

dian, and not as white or colored; 20

(15) during the period of 1920 through 1930, 21

various Governors of the Commonwealth of Virginia 22

wrote letters of introduction for Chickahominy Chiefs 23

who had official business with Federal agencies in 24

Washington, DC; 25


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(16) in 1934, Chickahominy Chief O.O. Adkins 1

wrote to John Collier, Commissioner of Indian Af-2

fairs, requesting money to acquire land for the Chick-3

ahominy Indian Tribe’s use, to build school, medical, 4

and library facilities and to buy tractors, implements, 5

and seed; 6

(17) in 1934, John Collier, Commissioner of In-7

dian Affairs, wrote to Chickahominy Chief O.O. 8

Adkins, informing him that Congress had passed the 9

Act of June 18, 1934 (commonly known as the ‘‘In-10

dian Reorganization Act’’) (25 U.S.C. 461 et seq.), 11

but had not made the appropriation to fund the Act; 12

(18) in 1942, Chickahominy Chief O.O. Adkins 13

wrote to John Collier, Commissioner of Indian Af-14

fairs, asking for help in getting the proper racial des-15

ignation on Selective Service records for Chicka-16

hominy soldiers; 17

(19) in 1943, John Collier, Commissioner of In-18

dian Affairs, asked Douglas S. Freeman, editor of the 19

Richmond News-Leader newspaper of Richmond, Vir-20

ginia, to help Virginia Indians obtain proper racial 21

designation on birth records; 22

(20) Collier stated that his office could not offi-23

cially intervene because it had no responsibility for 24

the Virginia Indians, ‘‘as a matter largely of histor-25


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ical accident’’, but was ‘‘interested in them as de-1

scendants of the original inhabitants of the region’’; 2

(21) in 1948, the Veterans’ Education Committee 3

of the Virginia State Board of Education approved 4

Samaria Indian School to provide training to vet-5

erans; 6

(22) that school was established and run by the 7

Chickahominy Indian Tribe; 8


purchased and donated to the Charles City County 10

School Board land to be used to build a modern 11

school for students of the Chickahominy and other 12

Virginia Indian tribes; 13

(24) the Samaria Indian School included stu-14

dents in grades 1 through 8; 15

(25) in 1961, Senator Sam Ervin, Chairman of 16

the Subcommittee on Constitutional Rights of the 17

Committee on the Judiciary of the Senate, requested 18

Chickahominy Chief O.O. Adkins to provide assist-19

ance in analyzing the status of the constitutional 20

rights of Indians ‘‘in your area’’; 21

(26) in 1967, the Charles City County school 22

board closed Samaria Indian School and converted 23

the school to a countywide primary school as a step 24


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toward full school integration of Indian and non-In-1

dian students; 2

(27) in 1972, the Charles City County school 3

board began receiving funds under the Indian Self- 4

Determination and Education Assistance Act (25 5

U.S.C. 458aa et seq.) on behalf of Chickahominy stu-6

dents, which funding is provided as of the date of en-7

actment of this Act under title V of the Indian Self- 8

Determination and Education Assistance Act (25 9

U.S.C. 458aaa et seq.); 10


bought land and built a tribal center using monthly 12

pledges from tribal members to finance the trans-13

actions; 14


was granted recognition as an Indian tribe by the 16

Commonwealth of Virginia, along with 5 other In-17

dian tribes; and 18

(30) in 1985, Governor Gerald Baliles was the 19

special guest at an intertribal Thanksgiving Day din-20

ner hosted by the Chickahominy Indian Tribe. 21

SEC. 102. DEFINITIONS. 22

In this title: 23

(1) SECRETARY.—The term ‘‘Secretary’’ means 24

the Secretary of the Interior. 25


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(2) TRIBAL MEMBER.—The term ‘‘tribal mem-1

ber’’ means— 2

(A) an individual who is an enrolled mem-3

ber of the Tribe as of the date of enactment of 4

this Act; and 5

(B) an individual who has been placed on 6

the membership rolls of the Tribe in accordance 7

with this title. 8

(3) TRIBE.—The term ‘‘Tribe’’ means the Chick-9

ahominy Indian Tribe. 10

SEC. 103. FEDERAL RECOGNITION. 11

(a) FEDERAL RECOGNITION.— 12

(1) IN GENERAL.—Federal recognition is ex-13

tended to the Tribe. 14

(2) APPLICABILITY OF LAWS.—All laws (includ-15

ing regulations) of the United States of general appli-16

cability to Indians or nations, Indian tribes, or bands 17

of Indians (including the Act of June 18, 1934 (25 18

U.S.C. 461 et seq.)) that are not inconsistent with 19

this title shall be applicable to the Tribe and tribal 20

members. 21

(b) FEDERAL SERVICES AND BENEFITS.— 22

(1) IN GENERAL.—On and after the date of en-23

actment of this Act, the Tribe and tribal members 24

shall be eligible for all services and benefits provided 25


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by the Federal Government to federally recognized In-1

dian tribes without regard to the existence of a res-2

ervation for the Tribe. 3

(2) SERVICE AREA.—For the purpose of the de-4

livery of Federal services to tribal members, the serv-5

ice area of the Tribe shall be considered to be the area 6

comprised of New Kent County, James City County, 7

Charles City County, and Henrico County, Virginia. 8

SEC. 104. MEMBERSHIP; GOVERNING DOCUMENTS. 9

The membership roll and governing documents of the 10

Tribe shall be the most recent membership roll and gov-11

erning documents, respectively, submitted by the Tribe to 12

the Secretary before the date of enactment of this Act. 13

SEC. 105. GOVERNING BODY. 14

The governing body of the Tribe shall be— 15

(1) the governing body of the Tribe in place as 16

of the date of enactment of this Act; or 17

(2) any subsequent governing body elected in ac-18

cordance with the election procedures specified in the 19

governing documents of the Tribe. 20

SEC. 106. RESERVATION OF THE TRIBE. 21

(a) IN GENERAL.—Upon the request of the Tribe, the 22

Secretary of the Interior— 23

(1) shall take into trust for the benefit of the 24

Tribe any land held in fee by the Tribe that was ac-25


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quired by the Tribe on or before January 1, 2007, if 1

such lands are located within the boundaries of New 2

Kent County, James City County, Charles City Coun-3

ty, or Henrico County, Virginia; and 4

(2) may take into trust for the benefit of the 5

Tribe any land held in fee by the Tribe, if such lands 6

are located within the boundaries of New Kent Coun-7

ty, James City County, Charles City County, or 8

Henrico County, Virginia. 9

(b) DEADLINE FOR DETERMINATION.—The Secretary 10

shall make a final written determination not later than 11

three years of the date which the Tribe submits a request 12

for land to be taken into trust under subsection (a)(2) and 13

shall immediately make that determination available to the 14

Tribe. 15

(c) RESERVATION STATUS.—Any land taken into trust 16

for the benefit of the Tribe pursuant to this paragraph shall, 17

upon request of the Tribe, be considered part of the reserva-18

tion of the Tribe. 19

(d) GAMING.—The Tribe may not conduct gaming ac-20

tivities as a matter of claimed inherent authority or under 21

the authority of any Federal law, including the Indian 22

Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under 23

any regulations thereunder promulgated by the Secretary 24

or the National Indian Gaming Commission. 25


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SEC. 107. HUNTING, FISHING, TRAPPING, GATHERING, AND 1

WATER RIGHTS. 2

Nothing in this title expands, reduces, or affects in any 3

manner any hunting, fishing, trapping, gathering, or water 4

rights of the Tribe and members of the Tribe. 5

SEC. 108. JURISDICTION OF COMMONWEALTH OF VIRGINIA. 6

(a) IN GENERAL.—The Commonwealth of Virginia 7

shall exercise jurisdiction over— 8

(1) all criminal offenses that are committed on; 9

and 10

(2) all civil actions that arise on, 11

lands located within the Commonwealth of Virginia that 12

are owned by, or held in trust by the United States for, 13

the Tribe. 14

(b) ACCEPTANCE OF STATE JURISDICTION BY SEC-15

RETARY.—The Secretary of the Interior is authorized to ac-16

cept on behalf of the United States, after consulting with 17

the Attorney General of the United States, all or any por-18

tion of the jurisdiction of the Commonwealth of Virginia 19

described in subsection (a) upon verification by the Sec-20

retary of a certification by a tribe that it possesses the ca-21

pacity to reassume such jurisdiction. 22


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TITLE II—CHICKAHOMINY IN-1

DIAN TRIBE—EASTERN DIVI-2

SION 3



(1) in 1607, when the English settlers set shore 6

along the Virginia coastline, the Chickahominy In-7

dian Tribe was 1 of about 30 tribes that received 8

them; 9

(2) in 1614, the Chickahominy Indian Tribe en-10

tered into a treaty with Sir Thomas Dale, Governor 11

of the Jamestown Colony, under which— 12

(A) the Chickahominy Indian Tribe agreed 13

to provide 2 bushels of corn per man and send 14

warriors to protect the English; and 15

(B) Sir Thomas Dale agreed in return to 16

allow the Tribe to continue to practice its own 17

tribal governance; 18

(3) in 1646, a treaty was signed which forced the 19

Chickahominy from their homeland to the area 20

around the York River in present-day King William 21

County, leading to the formation of a reservation; 22

(4) in 1677, following Bacon’s Rebellion, the 23

Queen of Pamunkey signed the Treaty of Middle 24

Plantation on behalf of the Chickahominy; 25


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(5) in 1702, the Chickahominy were forced from 1

their reservation, which caused the loss of a land base; 2

(6) in 1711, the College of William and Mary in 3

Williamsburg established a grammar school for Indi-4

ans called Brafferton College; 5

(7) a Chickahominy child was 1 of the first Indi-6

ans to attend Brafferton College; 7


began to migrate from King William County back to 9

the area around the Chickahominy River in New 10

Kent and Charles City Counties; 11

(9) in 1793, a Baptist missionary named 12

Bradby took refuge with the Chickahominy and took 13

a Chickahominy woman as his wife; 14

(10) in 1831, the names of the ancestors of the 15

modern-day Chickahominy Indian Tribe began to ap-16

pear in the Charles City County census records; 17

(11) in 1870, a census revealed an enclave of In-18

dians in New Kent County that is believed to be the 19

beginning of the Chickahominy Indian Tribe—East-20

ern Division; 21

(12) other records were destroyed when the New 22

Kent County courthouse was burned, leaving a State 23

census as the only record covering that period; 24


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formed Samaria Baptist Church; 2

(14) from 1901 to 1935, Chickahominy men were 3

assessed a tribal tax so that their children could re-4

ceive an education; 5

(15) the Tribe used the proceeds from the tax to 6

build the first Samaria Indian School, buy supplies, 7

and pay a teacher’s salary; 8

(16) in 1910, a 1-room school covering grades 1 9

through 8 was established in New Kent County for the 10

Chickahominy Indian Tribe—Eastern Division; 11

(17) during the period of 1920 through 1921, the 12

Chickahominy Indian Tribe—Eastern Division began 13

forming a tribal government; 14

(18) E.P. Bradby, the founder of the Tribe, was 15

elected to be Chief; 16

(19) in 1922, Tsena Commocko Baptist Church 17

was organized; 18

(20) in 1925, a certificate of incorporation was 19

issued to the Chickahominy Indian Tribe—Eastern 20

Division; 21

(21) in 1950, the 1-room Indian school in New 22

Kent County was closed and students were bused to 23

Samaria Indian School in Charles City County; 24


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and the Chickahominy Indian Tribe—Eastern Divi-2

sion lost their schools as a result of the required inte-3

gration of students; 4


Tsena Commocko Baptist Church built a new sanc-6

tuary to accommodate church growth; 7

(24) in 1983 the Chickahominy Indian Tribe— 8

Eastern Division was granted State recognition along 9

with 5 other Virginia Indian tribes; 10

(25) in 1985— 11

(A) the Virginia Council on Indians was 12

organized as a State agency; and 13

(B) the Chickahominy Indian Tribe—East-14

ern Division was granted a seat on the Council; 15

(26) in 1988, a nonprofit organization known as 16

the ‘‘United Indians of Virginia’’ was formed; and 17

(27) Chief Marvin ‘‘Strongoak’’ Bradby of the 18

Eastern Band of the Chickahominy presently chairs 19

the organization. 20


In this title: 22




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this Act; and 5



with this title. 8

(3) TRIBE.—The term ‘‘Tribe’’ means the Chick-9

ahominy Indian Tribe—Eastern Division. 10











members. 21




shall be eligible for all future services and benefits 25


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provided by the Federal Government to federally rec-1

ognized Indian tribes without regard to the existence 2

of a reservation for the Tribe. 3




comprised of New Kent County, James City County, 7

Charles City County, and Henrico County, Virginia. 8



















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such lands are located within the boundaries of New 2

Kent County, James City County, Charles City Coun-3

ty, or Henrico County, Virginia; and 4



are located within the boundaries of New Kent Coun-7

ty, James City County, Charles City County, or 8

Henrico County, Virginia. 9






Tribe. 15












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WATER RIGHTS. 2








and 10




the Tribe. 14









TITLE III—UPPER MATTAPONI 23

TRIBE 24




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(1) during the period of 1607 through 1646, the 1

Chickahominy Indian Tribes— 2

(A) lived approximately 20 miles from 3

Jamestown; and 4

(B) were significantly involved in English- 5

Indian affairs; 6

(2) Mattaponi Indians, who later joined the 7

Chickahominy Indians, lived a greater distance from 8

Jamestown; 9

(3) in 1646, the Chickahominy Indians moved to 10

Mattaponi River basin, away from the English; 11

(4) in 1661, the Chickahominy Indians sold land 12

at a place known as ‘‘the cliffs’’ on the Mattaponi 13

River; 14

(5) in 1669, the Chickahominy Indians— 15

(A) appeared in the Virginia Colony’s cen-16

sus of Indian bowmen; and 17

(B) lived in ‘‘New Kent’’ County, which in-18

cluded the Mattaponi River basin at that time; 19

(6) in 1677, the Chickahominy and Mattaponi 20

Indians were subjects of the Queen of Pamunkey, who 21

was a signatory to the Treaty of 1677 with the King 22

of England; 23

(7) in 1683, after a Mattaponi town was at-24

tacked by Seneca Indians, the Mattaponi Indians took 25


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refuge with the Chickahominy Indians, and the his-1

tory of the 2 groups was intertwined for many years 2

thereafter; 3

(8) in 1695, the Chickahominy and Mattaponi 4

Indians— 5

(A) were assigned a reservation by the Vir-6

ginia Colony; and 7

(B) traded land of the reservation for land 8

at the place known as ‘‘the cliffs’’ (which, as of 9

the date of enactment of this Act, is the 10

Mattaponi Indian Reservation), which had been 11

owned by the Mattaponi Indians before 1661; 12

(9) in 1711, a Chickahominy boy attended the 13

Indian School at the College of William and Mary; 14

(10) in 1726, the Virginia Colony discontinued 15

funding of interpreters for the Chickahominy and 16

Mattaponi Indian Tribes; 17

(11) James Adams, who served as an interpreter 18

to the Indian tribes known as of the date of enactment 19

of this Act as the ‘‘Upper Mattaponi Indian Tribe’’ 20

and ‘‘Chickahominy Indian Tribe’’, elected to stay 21

with the Upper Mattaponi Indians; 22

(12) today, a majority of the Upper Mattaponi 23

Indians have ‘‘Adams’’ as their surname; 24


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(13) in 1787, Thomas Jefferson, in Notes on the 1

Commonwealth of Virginia, mentioned the Mattaponi 2

Indians on a reservation in King William County 3

and said that Chickahominy Indians were ‘‘blended’’ 4

with the Mattaponi Indians and nearby Pamunkey 5

Indians; 6

(14) in 1850, the census of the United States re-7

vealed a nucleus of approximately 10 families, all an-8

cestral to modern Upper Mattaponi Indians, living in 9

central King William County, Virginia, approxi-10

mately 10 miles from the reservation; 11


King William County marriage records listed Upper 13

Mattaponis as ‘‘Indians’’ in marrying people residing 14

on the reservation; 15

(16) during the period of 1884 through the 16

present, county marriage records usually refer to 17

Upper Mattaponis as ‘‘Indians’’; 18

(17) in 1901, Smithsonian anthropologist James 19

Mooney heard about the Upper Mattaponi Indians 20

but did not visit them; 21

(18) in 1928, University of Pennsylvania an-22

thropologist Frank Speck published a book on modern 23

Virginia Indians with a section on the Upper 24

Mattaponis; 25


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(19) from 1929 until 1930, the leadership of the 1

Upper Mattaponi Indians opposed the use of a ‘‘col-2

ored’’ designation in the 1930 United States census 3

and won a compromise in which the Indian ancestry 4

of the Upper Mattaponis was recorded but questioned; 5

(20) during the period of 1942 through 1945— 6

(A) the leadership of the Upper Mattaponi 7

Indians, with the help of Frank Speck and oth-8

ers, fought against the induction of young men 9

of the Tribe into ‘‘colored’’ units in the Armed 10

Forces of the United States; and 11

(B) a tribal roll for the Upper Mattaponi 12

Indians was compiled; 13

(21) from 1945 to 1946, negotiations took place 14

to admit some of the young people of the Upper 15

Mattaponi to high schools for Federal Indians (espe-16

cially at Cherokee) because no high school coursework 17

was available for Indians in Virginia schools; and 18

(22) in 1983, the Upper Mattaponi Indians ap-19

plied for and won State recognition as an Indian 20

tribe. 21


In this title: 23




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this Act; and 5



with this title. 8

(3) TRIBE.—The term ‘‘Tribe’’ means the Upper 9

Mattaponi Tribe. 10











members. 21






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within 25 miles of the Sharon Indian School at 7

13383 King William Road, King William County, 8

Virginia. 9

















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such lands are located within the boundaries of King 4

William County, Caroline County, Hanover County, 5

King and Queen County, and New Kent County, Vir-6

ginia; and 7



are located within the boundaries of King William 10

County, Caroline County, Hanover County, King and 11

Queen County, and New Kent County, Virginia. 12






Tribe. 18









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WATER RIGHTS. 5








and 13




the Tribe. 17










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TITLE IV—RAPPAHANNOCK 1

TRIBE, INC. 2



(1) during the initial months after Virginia was 5

settled, the Rappahannock Indians had 3 encounters 6

with Captain John Smith; 7

(2) the first encounter occurred when the Rappa-8

hannock weroance (headman)— 9

(A) traveled to Quiyocohannock (a prin-10

cipal town across the James River from James-11

town), where he met with Smith to determine 12

whether Smith had been the ‘‘great man’’ who 13

had previously sailed into the Rappahannock 14

River, killed a Rappahannock weroance, and 15

kidnapped Rappahannock people; and 16

(B) determined that Smith was too short to 17

be that ‘‘great man’’; 18

(3) on a second meeting, during John Smith’s 19

captivity (December 16, 1607 to January 8, 1608), 20

Smith was taken to the Rappahannock principal vil-21

lage to show the people that Smith was not the ‘‘great 22

man’’; 23

(4) a third meeting took place during Smith’s 24

exploration of the Chesapeake Bay (July to September 25


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1608), when, after the Moraughtacund Indians had 1

stolen 3 women from the Rappahannock King, Smith 2

was prevailed upon to facilitate a peaceful truce be-3

tween the Rappahannock and the Moraughtacund In-4

dians; 5

(5) in the settlement, Smith had the 2 Indian 6

tribes meet on the spot of their first fight; 7

(6) when it was established that both groups 8

wanted peace, Smith told the Rappahannock King to 9

select which of the 3 stolen women he wanted; 10

(7) the Moraughtacund King was given second 11

choice among the 2 remaining women, and Mosco, a 12

Wighcocomoco (on the Potomac River) guide, was 13

given the third woman; 14

(8) in 1645, Captain William Claiborne tried 15

unsuccessfully to establish treaty relations with the 16

Rappahannocks, as the Rappahannocks had not par-17

ticipated in the Pamunkey-led uprising in 1644, and 18

the English wanted to ‘‘treat with the Rappahannocks 19

or any other Indians not in amity with 20

Opechancanough, concerning serving the county 21

against the Pamunkeys’’; 22

(9) in April 1651, the Rappahannocks conveyed 23

a tract of land to an English settler, Colonel Morre 24

Fauntleroy; 25


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(10) the deed for the conveyance was signed by 1

Accopatough, weroance of the Rappahannock Indians; 2

(11) in September 1653, Lancaster County 3

signed a treaty with Rappahannock Indians, the 4

terms of which treaty— 5

(A) gave Rappahannocks the rights of Eng-6

lishmen in the county court; and 7

(B) attempted to make the Rappahannocks 8

more accountable under English law; 9

(12) in September 1653, Lancaster County de-10

fined and marked the bounds of its Indian settle-11

ments; 12

(13) according to the Lancaster clerk of court, 13

‘‘the tribe called the great Rappahannocks lived on 14

the Rappahannock Creek just across the river above 15

Tappahannock’’; 16

(14) in September 1656, (Old) Rappahannock 17

County (which, as of the date of enactment of this 18

Act, is comprised of Richmond and Essex Counties, 19

Virginia) signed a treaty with Rappahannock Indi-20

ans that— 21

(A) mirrored the Lancaster County treaty 22

from 1653; and 23

(B) stated that— 24


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(i) Rappahannocks were to be re-1

warded, in Roanoke, for returning English 2

fugitives; and 3

(ii) the English encouraged the 4

Rappahannocks to send their children to 5

live among the English as servants, who the 6

English promised would be well-treated; 7

(15) in 1658, the Virginia Assembly revised a 8

1652 Act stating that ‘‘there be no grants of land to 9

any Englishman whatsoever de futuro until the Indi-10

ans be first served with the proportion of 50 acres of 11

land for each bowman’’; 12

(16) in 1669, the colony conducted a census of 13

Virginia Indians; 14

(17) as of the date of that census— 15

(A) the majority of the Rappahannocks 16

were residing at their hunting village on the 17

north side of the Mattaponi River; and 18

(B) at the time of the visit, census-takers 19

were counting only the Indian tribes along the 20

rivers, which explains why only 30 Rappahan-21

nock bowmen were counted on that river; 22

(18) the Rappahannocks used the hunting village 23

on the north side of the Mattaponi River as their pri-24


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mary residence until the Rappahannocks were re-1

moved in 1684; 2

(19) in May 1677, the Treaty of Middle Planta-3

tion was signed with England; 4

(20) the Pamunkey Queen Cockacoeske signed on 5

behalf of the Rappahannocks, ‘‘who were supposed to 6

be her tributaries’’, but before the treaty could be rati-7

fied, the Queen of Pamunkey complained to the Vir-8

ginia Colonial Council ‘‘that she was having trouble 9

with Rappahannocks and Chickahominies, supposedly 10

tributaries of hers’’; 11

(21) in November 1682, the Virginia Colonial 12

Council established a reservation for the Rappahan-13

nock Indians of 3,474 acres ‘‘about the town where 14

they dwelt’’; 15

(22) the Rappahannock ‘‘town’’ was the hunting 16

village on the north side of the Mattaponi River, 17

where the Rappahannocks had lived throughout the 18

1670s; 19

(23) the acreage allotment of the reservation was 20

based on the 1658 Indian land act, which translates 21

into a bowman population of 70, or an approximate 22

total Rappahannock population of 350; 23

(24) in 1683, following raids by Iroquoian war-24

riors on both Indian and English settlements, the Vir-25


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ginia Colonial Council ordered the Rappahannocks to 1

leave their reservation and unite with the Nanzatico 2

Indians at Nanzatico Indian Town, which was lo-3

cated across and up the Rappahannock River some 30 4

miles; 5

(25) between 1687 and 1699, the Rappahannocks 6

migrated out of Nanzatico, returning to the south side 7

of the Rappahannock River at Portobacco Indian 8

Town; 9

(26) in 1706, by order of Essex County, Lieuten-10

ant Richard Covington ‘‘escorted’’ the Portobaccos 11

and Rappahannocks out of Portobacco Indian Town, 12

out of Essex County, and into King and Queen Coun-13

ty where they settled along the ridgeline between the 14

Rappahannock and Mattaponi Rivers, the site of 15

their ancient hunting village and 1682 reservation; 16

(27) during the 1760s, 3 Rappahannock girls 17

were raised on Thomas Nelson’s Bleak Hill Planta-18

tion in King William County; 19

(28) of those girls— 20

(A) 1 married a Saunders man; 21

(B) 1 married a Johnson man; and 22

(C) 1 had 2 children, Edmund and Carter 23

Nelson, fathered by Thomas Cary Nelson; 24


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(29) in the 19th century, those Saunders, John-1

son, and Nelson families are among the core Rappa-2

hannock families from which the modern Tribe traces 3

its descent; 4

(30) in 1819 and 1820, Edward Bird, John Bird 5

(and his wife), Carter Nelson, Edmund Nelson, and 6

Carter Spurlock (all Rappahannock ancestors) were 7

listed on the tax roles of King and Queen County and 8

taxed at the county poor rate; 9

(31) Edmund Bird was added to the tax roles in 10

1821; 11

(32) those tax records are significant documenta-12

tion because the great majority of pre-1864 records for 13

King and Queen County were destroyed by fire; 14

(33) beginning in 1819, and continuing through 15

the 1880s, there was a solid Rappahannock presence 16

in the membership at Upper Essex Baptist Church; 17

(34) that was the first instance of conversion to 18

Christianity by at least some Rappahannock Indians; 19

(35) while 26 identifiable and traceable Rappa-20

hannock surnames appear on the pre-1863 member-21

ship list, and 28 were listed on the 1863 membership 22

roster, the number of surnames listed had declined to 23

12 in 1878 and had risen only slightly to 14 by 1888; 24


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(36) a reason for the decline is that in 1870, a 1

Methodist circuit rider, Joseph Mastin, secured funds 2

to purchase land and construct St. Stephens Baptist 3

Church for the Rappahannocks living nearby in Caro-4

line County; 5

(37) Mastin referred to the Rappahannocks dur-6

ing the period of 1850 to 1870 as ‘‘Indians, having 7

a great need for moral and Christian guidance’’; 8

(38) St. Stephens was the dominant tribal 9

church until the Rappahannock Indian Baptist 10

Church was established in 1964; 11

(39) at both churches, the core Rappahannock 12

family names of Bird, Clarke, Fortune, Johnson, Nel-13

son, Parker, and Richardson predominate; 14

(40) during the early 1900s, James Mooney, 15

noted anthropologist, maintained correspondence with 16

the Rappahannocks, surveying them and instructing 17

them on how to formalize their tribal government; 18

(41) in November 1920, Speck visited the 19

Rappahannocks and assisted them in organizing the 20

fight for their sovereign rights; 21

(42) in 1921, the Rappahannocks were granted 22

a charter from the Commonwealth of Virginia for-23

malizing their tribal government; 24


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(43) Speck began a professional relationship 1

with the Tribe that would last more than 30 years 2

and document Rappahannock history and traditions 3

as never before; 4

(44) in April 1921, Rappahannock Chief George 5

Nelson asked the Governor of Virginia, Westmoreland 6

Davis, to forward a proclamation to the President of 7

the United States, along with an appended list of 8

tribal members and a handwritten copy of the procla-9

mation itself; 10

(45) the letter concerned Indian freedom of 11

speech and assembly nationwide; 12

(46) in 1922, the Rappahannocks established a 13

formal school at Lloyds, Essex County, Virginia; 14

(47) prior to establishment of the school, Rappa-15

hannock children were taught by a tribal member in 16

Central Point, Caroline County, Virginia; 17

(48) in December 1923, Rappahannock Chief 18

George Nelson testified before Congress appealing for 19

a $50,000 appropriation to establish an Indian school 20

in Virginia; 21

(49) in 1930, the Rappahannocks were engaged 22

in an ongoing dispute with the Commonwealth of Vir-23

ginia and the United States Census Bureau about 24

their classification in the 1930 Federal census; 25


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(50) in January 1930, Rappahannock Chief 1

Otho S. Nelson wrote to Leon Truesdell, Chief Stat-2

istician of the United States Census Bureau, asking 3

that the 218 enrolled Rappahannocks be listed as In-4

dians; 5

(51) in February 1930, Truesdell replied to Nel-6

son saying that ‘‘special instructions’’ were being 7

given about classifying Indians; 8

(52) in April 1930, Nelson wrote to William M. 9

Steuart at the Census Bureau asking about the enu-10

merators’ failure to classify his people as Indians, 11

saying that enumerators had not asked the question 12

about race when they interviewed his people; 13

(53) in a followup letter to Truesdell, Nelson re-14

ported that the enumerators were ‘‘flatly denying’’ his 15

people’s request to be listed as Indians and that the 16

race question was completely avoided during inter-17

views; 18

(54) the Rappahannocks had spoken with Caro-19

line and Essex County enumerators, and with John 20

M.W. Green at that point, without success; 21

(55) Nelson asked Truesdell to list people as In-22

dians if he sent a list of members; 23

(56) the matter was settled by William Steuart, 24

who concluded that the Bureau’s rule was that people 25


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•HR 1385 RH

of Indian descent could be classified as ‘‘Indian’’ only 1

if Indian ‘‘blood’’ predominated and ‘‘Indian’’ iden-2

tity was accepted in the local community; 3

(57) the Virginia Vital Statistics Bureau classed 4

all nonreservation Indians as ‘‘Negro’’, and it failed 5

to see why ‘‘an exception should be made’’ for the 6

Rappahannocks; 7

(58) therefore, in 1925, the Indian Rights Asso-8

ciation took on the Rappahannock case to assist the 9

Rappahannocks in fighting for their recognition and 10

rights as an Indian tribe; 11

(59) during the Second World War, the 12

Pamunkeys, Mattaponis, Chickahominies, and Rap-13

pahannocks had to fight the draft boards with respect 14

to their racial identities; 15

(60) the Virginia Vital Statistics Bureau in-16

sisted that certain Indian draftees be inducted into 17

Negro units; 18

(61) finally, 3 Rappahannocks were convicted of 19

violating the Federal draft laws and, after spending 20

time in a Federal prison, were granted conscientious 21

objector status and served out the remainder of the 22

war working in military hospitals; 23

(62) in 1943, Frank Speck noted that there were 24

approximately 25 communities of Indians left in the 25


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Eastern United States that were entitled to Indian 1

classification, including the Rappahannocks; 2

(63) in the 1940s, Leon Truesdell, Chief Statisti-3

cian, of the United States Census Bureau, listed 118 4

members in the Rappahannock Tribe in the Indian 5

population of Virginia; 6

(64) on April 25, 1940, the Office of Indian Af-7

fairs of the Department of the Interior included the 8

Rappahannocks on a list of Indian tribes classified by 9

State and by agency; 10

(65) in 1948, the Smithsonian Institution An-11

nual Report included an article by William Harlen 12

Gilbert entitled, ‘‘Surviving Indian Groups of the 13

Eastern United States’’, which included and described 14

the Rappahannock Tribe; 15

(66) in the late 1940s and early 1950s, the 16

Rappahannocks operated a school at Indian Neck; 17

(67) the State agreed to pay a tribal teacher to 18

teach 10 students bused by King and Queen County 19

to Sharon Indian School in King William County, 20

Virginia; 21

(68) in 1965, Rappahannock students entered 22

Marriott High School (a white public school) by exec-23

utive order of the Governor of Virginia; 24


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(69) in 1972, the Rappahannocks worked with 1

the Coalition of Eastern Native Americans to fight for 2

Federal recognition; 3

(70) in 1979, the Coalition established a pottery 4

and artisans company, operating with other Virginia 5

tribes; 6

(71) in 1980, the Rappahannocks received fund-7

ing through the Administration for Native Americans 8

of the Department of Health and Human Services to 9

develop an economic program for the Tribe; and 10

(72) in 1983, the Rappahannocks received State 11

recognition as an Indian tribe. 12


In this title: 14







this Act; and 21



with this title. 24

(3) TRIBE.— 25


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(A) IN GENERAL.—The term ‘‘Tribe’’ means 1

the organization possessing the legal name Rap-2

pahannock Tribe, Inc. 3

(B) EXCLUSIONS.—The term ‘‘Tribe’’ does 4

not include any other Indian tribe, subtribe, 5

band, or splinter group the members of which 6

represent themselves as Rappahannock Indians. 7











members. 18









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•HR 1385 RH




comprised of King and Queen County, Caroline 4

County, Essex County, Spotsylvania County, Stafford 5

County, and Richmond County, Virginia. 6



















such lands are located within the boundaries of King 25


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•HR 1385 RH

and Queen County, Stafford County, Spotsylvania 1

County, Richmond County, Essex County, and Caro-2

line County, Virginia; and 3



are located within the boundaries of King and Queen 6

County, Stafford County, Spotsylvania County, Rich-7

mond County, Essex County, and Caroline County, 8

Virginia. 9






Tribe. 15












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WATER RIGHTS. 2








and 10




the Tribe. 14









TITLE V—MONACAN INDIAN 23

NATION 24




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(1) in 1677, the Monacan Tribe signed the Trea-1

ty of Middle Plantation between Charles II of Eng-2

land and 12 Indian ‘‘Kings and Chief Men’’; 3

(2) in 1722, in the Treaty of Albany, Governor 4

Spotswood negotiated to save the Virginia Indians 5

from extinction at the hands of the Iroquois; 6

(3) specifically mentioned in the negotiations 7

were the Monacan tribes of the Totero (Tutelo), 8

Saponi, Ocheneeches (Occaneechi), Stengenocks, and 9

Meipontskys; 10

(4) in 1790, the first national census recorded 11

Benjamin Evans and Robert Johns, both ancestors of 12

the present Monacan community, listed as ‘‘white’’ 13

with mulatto children; 14

(5) in 1782, tax records also began for those fam-15

ilies; 16

(6) in 1850, the United States census recorded 17

29 families, mostly large, with Monacan surnames, 18

the members of which are genealogically related to the 19

present community; 20

(7) in 1870, a log structure was built at the 21

Bear Mountain Indian Mission; 22

(8) in 1908, the structure became an Episcopal 23

Mission and, as of the date of enactment of this Act, 24


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•HR 1385 RH

the structure is listed as a landmark on the National 1

Register of Historic Places; 2

(9) in 1920, 304 Amherst Indians were identi-3

fied in the United States census; 4

(10) from 1930 through 1931, numerous letters 5

from Monacans to the Bureau of the Census resulted 6

from the decision of Dr. Walter Plecker, former head 7

of the Bureau of Vital Statistics of the Commonwealth 8

of Virginia, not to allow Indians to register as Indi-9

ans for the 1930 census; 10

(11) the Monacans eventually succeeded in being 11

allowed to claim their race, albeit with an asterisk at-12

tached to a note from Dr. Plecker stating that there 13

were no Indians in Virginia; 14

(12) in 1947, D’Arcy McNickle, a Salish Indian, 15

saw some of the children at the Amherst Mission and 16

requested that the Cherokee Agency visit them because 17

they appeared to be Indian; 18

(13) that letter was forwarded to the Department 19

of the Interior, Office of Indian Affairs, Chicago, Illi-20

nois; 21

(14) Chief Jarrett Blythe of the Eastern Band of 22

Cherokee did visit the Mission and wrote that he 23

‘‘would be willing to accept these children in the 24

Cherokee school’’; 25


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(15) in 1979, a Federal Coalition of Eastern Na-1

tive Americans established the entity known as ‘‘Mon-2

acan Co-operative Pottery’’ at the Amherst Mission; 3

(16) some important pieces were produced at 4

Monacan Co-operative Pottery, including a piece that 5

was sold to the Smithsonian Institution; 6

(17) the Mattaponi-Pamunkey-Monacan Consor-7

tium, established in 1981, has since been organized as 8

a nonprofit corporation that serves as a vehicle to ob-9

tain funds for those Indian tribes from the Depart-10

ment of Labor under Native American programs; 11

(18) in 1989, the Monacan Tribe was recognized 12

by the Commonwealth of Virginia, which enabled the 13

Tribe to apply for grants and participate in other 14

programs; and 15

(19) in 1993, the Monacan Tribe received tax-ex-16

empt status as a nonprofit corporation from the In-17

ternal Revenue Service. 18


In this title: 20






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•HR 1385 RH



this Act; and 3



with this title. 6

(3) TRIBE.—The term ‘‘Tribe’’ means the Mona-7

can Indian Nation. 8











members. 19







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comprised of all land within 25 miles from the center 6

of Amherst, Virginia. 7




















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•HR 1385 RH

such lands are located within the boundaries of Albe-1

marle County, Alleghany County, Amherst County, 2

Augusta County, Campbell County, Nelson County, 3

and Rockbridge County, Virginia; and 4



are located within the boundaries of Albemarle Coun-7

ty, Alleghany County, Amherst County, Augusta 8

County, Campbell County, Nelson County, and 9

Rockbridge County, Virginia. 10






Tribe. 16










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WATER RIGHTS. 4








and 12




the Tribe. 16










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TITLE VI—NANSEMOND INDIAN 1

TRIBE 2



(1) from 1607 until 1646, Nansemond Indians— 5

(A) lived approximately 30 miles from 6

Jamestown; and 7

(B) were significantly involved in English- 8

Indian affairs; 9

(2) after 1646, there were 2 sections of 10

Nansemonds in communication with each other, the 11

Christianized Nansemonds in Norfolk County, who 12

lived as citizens, and the traditionalist Nansemonds, 13

who lived further west; 14

(3) in 1638, according to an entry in a 17th cen-15

tury sermon book still owned by the Chief’s family, a 16

Norfolk County Englishman married a Nansemond 17

woman; 18

(4) that man and woman are lineal ancestors of 19

all of members of the Nansemond Indian tribe alive 20

as of the date of enactment of this Act, as are some 21

of the traditionalist Nansemonds; 22

(5) in 1669, the 2 Nansemond sections appeared 23

in Virginia Colony’s census of Indian bowmen; 24


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(6) in 1677, Nansemond Indians were signato-1

ries to the Treaty of 1677 with the King of England; 2

(7) in 1700 and 1704, the Nansemonds and other 3

Virginia Indian tribes were prevented by Virginia 4

Colony from making a separate peace with the Iro-5

quois; 6

(8) Virginia represented those Indian tribes in 7

the final Treaty of Albany, 1722; 8

(9) in 1711, a Nansemond boy attended the In-9

dian School at the College of William and Mary; 10

(10) in 1727, Norfolk County granted William 11

Bass and his kinsmen the ‘‘Indian privileges’’ of 12

clearing swamp land and bearing arms (which privi-13

leges were forbidden to other nonwhites) because of 14

their Nansemond ancestry, which meant that Bass 15

and his kinsmen were original inhabitants of that 16

land; 17

(11) in 1742, Norfolk County issued a certificate 18

of Nansemond descent to William Bass; 19

(12) from the 1740s to the 1790s, the tradition-20

alist section of the Nansemond tribe, 40 miles west of 21

the Christianized Nansemonds, was dealing with res-22

ervation land; 23


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•HR 1385 RH

(13) the last surviving members of that section 1

sold out in 1792 with the permission of the Common-2

wealth of Virginia; 3

(14) in 1797, Norfolk County issued a certificate 4

stating that William Bass was of Indian and English 5

descent, and that his Indian line of ancestry ran di-6

rectly back to the early 18th century elder in a tradi-7

tionalist section of Nansemonds on the reservation; 8

(15) in 1833, Virginia enacted a law enabling 9

people of European and Indian descent to obtain a 10

special certificate of ancestry; 11

(16) the law originated from the county in which 12

Nansemonds lived, and mostly Nansemonds, with a 13

few people from other counties, took advantage of the 14

new law; 15

(17) a Methodist mission established around 16

1850 for Nansemonds is currently a standard Meth-17

odist congregation with Nansemond members; 18

(18) in 1901, Smithsonian anthropologist James 19

Mooney— 20

(A) visited the Nansemonds; and 21

(B) completed a tribal census that counted 22

61 households and was later published; 23


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(19) in 1922, Nansemonds were given a special 1

Indian school in the segregated school system of Nor-2

folk County; 3

(20) the school survived only a few years; 4

(21) in 1928, University of Pennsylvania an-5

thropologist Frank Speck published a book on modern 6

Virginia Indians that included a section on the 7

Nansemonds; and 8

(22) the Nansemonds were organized formally, 9

with elected officers, in 1984, and later applied for 10

and received State recognition. 11


In this title: 13







this Act; and 20



with this title. 23

(3) TRIBE.—The term ‘‘Tribe’’ means the 24

Nansemond Indian Tribe. 25


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•HR 1385 RH











members. 11











comprised of the cities of Chesapeake, Hampton, New-22

port News, Norfolk, Portsmouth, Suffolk, and Virginia 23

Beach, Virginia. 24


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•HR 1385 RH



















such lands are located within the boundaries of the 19

city of Suffolk, the city of Chesapeake, or Isle of Wight 20

County, Virginia; and 21



are located within the boundaries of the city of Suf-24

folk, the city of Chesapeake, or Isle of Wight County, 25

Virginia. 26


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•HR 1385 RH






Tribe. 6












WATER RIGHTS. 18








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•HR 1385 RH


and 2




the Tribe. 6










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Union C

alendar No. 50

11

1T

HC

ON

GR

ES

S

1S

TS

ES

SIO

N

H. R

. 1385 [R

eport N

o. 111–104]

A B

ILL

T

o ex

tend F

edera

l recogn

ition

to th

e Chick

ahom

iny

India

n

Trib

e, th

e C

hick

ahom

iny

India

n

Trib

e- E

astern

D

ivision

, th

e U

pper

Matta

pon

i T

ribe,

the

Rappahan

nock

T

ribe,

Inc.,

the

Mon

aca

n In

-dia

n N

atio

n,

an

d th

e N

an

semon

d In

dia

n T

ribe.

MA

Y1

2, 2

00

9

Rep

orted

w

ith

an

am

endm

ent,

com

mitted

to

th

e C

om

-m

ittee of th

e Whole H

ou

se on

the S

tate o

f the U

nio

n,

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rdered

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in the house of representatives · 4 •hr 1385 rh 1 (a) the chickahominy indian tribe agreed 2 to...

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