Public Law 115-121 – Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2017

Last Updated on June 1, 2019 by LawEuro

[115th Congress Public Law 121]
[From the U.S. Government Publishing Office]

PLAW 115publ121

[[Page 39]]

THOMASINA E. JORDAN INDIAN TRIBES OF

VIRGINIA FEDERAL RECOGNITION

ACT OF 2017

[[Page 132 STAT. 40]]

Public Law 115-121
115th Congress

An Act

To extend Federal recognition to the Chickahominy Indian Tribe, the
Chickahominy Indian Tribe–Eastern Division, the Upper Mattaponi Tribe,
the Rappahannock Tribe, Inc., the Monacan Indian Nation, and the
Nansemond Indian Tribe. <<NOTE: Jan. 29, 2018 – [H.R. 984]>>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Thomasina E.
Jordan Indian Tribes of Virginia Federal Recognition Act of 2017.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.–This Act may be cited as the “Thomasina E. Jordan
Indian Tribes of Virginia Federal Recognition Act of 2017”.
(b) Table of Contents.–The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Indian Child Welfare Act of 1978.

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.

TITLE II–CHICKAHOMINY INDIAN TRIBE–EASTERN DIVISION

Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Federal recognition.
Sec. 204. Membership; governing documents.
Sec. 205. Governing body.
Sec. 206. Reservation of the Tribe.
Sec. 207. Hunting, fishing, trapping, gathering, and water rights.

TITLE III–UPPER MATTAPONI TRIBE

Sec. 301. Findings.
Sec. 302. Definitions.
Sec. 303. Federal recognition.
Sec. 304. Membership; governing documents.
Sec. 305. Governing body.
Sec. 306. Reservation of the Tribe.
Sec. 307. Hunting, fishing, trapping, gathering, and water rights.

TITLE IV–RAPPAHANNOCK TRIBE, INC.

Sec. 401. Findings.
Sec. 402. Definitions.
Sec. 403. Federal recognition.
Sec. 404. Membership; governing documents.
Sec. 405. Governing body.
Sec. 406. Reservation of the Tribe.
Sec. 407. Hunting, fishing, trapping, gathering, and water rights.

[[Page 132 STAT. 41]]

TITLE V–MONACAN INDIAN NATION

Sec. 501. Findings.
Sec. 502. Definitions.
Sec. 503. Federal recognition.
Sec. 504. Membership; governing documents.
Sec. 505. Governing body.
Sec. 506. Reservation of the Tribe.
Sec. 507. Hunting, fishing, trapping, gathering, and water rights.

TITLE VI–NANSEMOND INDIAN TRIBE

Sec. 601. Findings.
Sec. 602. Definitions.
Sec. 603. Federal recognition.
Sec. 604. Membership; governing documents.
Sec. 605. Governing body.
Sec. 606. Reservation of the Tribe.
Sec. 607. Hunting, fishing, trapping, gathering, and water rights.

TITLE VII–EMINENT DOMAIN

Sec. 701. Limitation.

SEC. 2. INDIAN CHILD WELFARE ACT OF 1978.

Nothing in this Act affects the application of section 109 of the
Indian Child Welfare Act of 1978 (25 U.S.C. 1919).

TITLE I–CHICKAHOMINY INDIAN TRIBE

SEC. 101. FINDINGS.

Congress finds that–
(1) in 1607, when the English settlers set shore along the
Virginia coastline, the Chickahominy Indian Tribe was one of
about 30 tribes that received them;
(2) in 1614, the Chickahominy Indian Tribe entered into a
treaty with Sir Thomas Dale, Governor of the Jamestown Colony,
under which–
(A) the Chickahominy Indian Tribe agreed to provide
two bushels of corn per man and send warriors to protect
the English; and
(B) Sir Thomas Dale agreed in return to allow the
Tribe to continue to practice its own tribal governance;
(3) in 1646, a treaty was signed which forced the
Chickahominy from their homeland to the area around the York
Mattaponi 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 forced from their
reservation, which caused the loss of a land base;
(6) in 1711, the College of William and Mary in Williamsburg
established a grammar school for Indians called Brafferton
College;
(7) a Chickahominy child was one of the first Indians to
attend Brafferton College;
(8) in 1750, the Chickahominy Indian Tribe began to migrate
from King William County back to the area around the
Chickahominy River in New Kent and Charles City Counties;
(9) in 1793, a Baptist missionary named Bradby took refuge
with the Chickahominy and took a Chickahominy woman as his wife;

[[Page 132 STAT. 42]]

(10) in 1831, the names of the ancestors of the modern-day
Chickahominy Indian Tribe began to appear in the Charles City
County census records;
(11) in 1901, the Chickahominy Indian Tribe formed Samaria
Baptist Church;
(12) from 1901 to 1935, Chickahominy men were assessed a
tribal tax so that their children could receive an education;
(13) the Tribe used the proceeds from the tax to build the
first Samaria Indian School, buy supplies, and pay a teacher’s
salary;
(14) 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;
(15) during the period of 1920 through 1930, various
Governors of the Commonwealth of Virginia wrote letters of
introduction for Chickahominy Chiefs who had official business
with Federal agencies in Washington, DC;
(16) in 1934, Chickahominy Chief O.O. 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;
(17) in 1934, John Collier, Commissioner of Indian Affairs,
wrote to Chickahominy Chief O.O. Adkins, informing him that
Congress had passed the Act of June 18, 1934 (commonly known as
the “Indian Reorganization Act”) (25 U.S.C. 461 et seq.), but
had not made the appropriation to fund the Act;
(18) in 1942, Chickahominy Chief O.O. Adkins wrote to John
Collier, Commissioner of Indian Affairs, asking for help in
getting the proper racial designation on Selective Service
records for Chickahominy soldiers;
(19) in 1943, John Collier, Commissioner of Indian Affairs,
asked Douglas S. Freeman, editor of the Richmond News-Leader
newspaper of Richmond, Virginia, to help Virginia Indians obtain
proper racial designation on birth records;
(20) Collier stated that his office could not officially
intervene because it had no responsibility for the Virginia
Indians, “as a matter largely of historical accident”, but was
“interested in them as descendants of the original inhabitants
of the region”;
(21) in 1948, the Veterans’ Education Committee of the
Virginia State Board of Education approved Samaria Indian School
to provide training to veterans;
(22) that school was established and run by the Chickahominy
Indian Tribe;
(23) in 1950, the Chickahominy Indian Tribe purchased and
donated to the Charles City County School Board land to be used
to build a modern school for students of the Chickahominy and
other Virginia Indian tribes;
(24) the Samaria Indian School included students in grades 1
through 8;
(25) in 1961, Senator Sam Ervin, Chairman of the
Subcommittee on Constitutional Rights of the Committee on the
Judiciary of the Senate, requested Chickahominy Chief O.O.

[[Page 132 STAT. 43]]

Adkins to provide assistance in analyzing the status of the
constitutional rights of Indians “in your area”;
(26) in 1967, the Charles City County school board closed
Samaria Indian School and converted the school to a countywide
primary school as a step toward full school integration of
Indian and non-Indian students;
(27) in 1972, the Charles City County school board began
receiving funds under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458aa et seq.) on behalf of
Chickahominy students, which funding is provided as of the date
of enactment of this Act under title V of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 458aaa et
seq.);
(28) in 1974, the Chickahominy Indian Tribe bought land and
built a tribal center using monthly pledges from tribal members
to finance the transactions;
(29) in 1983, the Chickahominy Indian Tribe was granted
recognition as an Indian tribe by the Commonwealth of Virginia,
along with five other Indian tribes; and
(30) in 1985, Governor Gerald Baliles was the special guest
at an intertribal Thanksgiving Day dinner hosted by the
Chickahominy Indian Tribe.
SEC. 102. DEFINITIONS.

(a) Federal Recognition.–
(1) In general.–Federal recognition is extended to the
Tribe.
(2) Applicability of laws.–All laws (including regulations)
of the United States of general applicability to Indians or
nations, Indian tribes, or bands of Indians (including the Act
of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not
inconsistent with this title shall be applicable to the Tribe
and tribal members.

(b) Federal Services and Benefits.–
(1) <<NOTE: Effective date.>> In general.–On and after the
date of enactment of this Act, the Tribe and tribal members
shall be eligible for all services and benefits provided by the
Federal Government to federally recognized Indian tribes without
regard to the existence of a reservation for the Tribe.
(2) Service area.–For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area comprised of New Kent
County, James City County, Charles City County, and Henrico
County, Virginia.

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SEC. 104. MEMBERSHIP; GOVERNING DOCUMENTS.

The membership roll and governing documents of the Tribe shall be
the most recent membership roll and governing documents, respectively,
submitted by the Tribe to the Secretary before the date of enactment of
this Act.
SEC. 105. GOVERNING BODY.

The governing body of the Tribe shall be–
(1) <<NOTE: Effective date.>> the governing body of the
Tribe in place as of the date of enactment of this Act; or
(2) any subsequent governing body elected in accordance with
the election procedures specified in the governing documents of
the Tribe.
SEC. 106. RESERVATION OF THE TRIBE.

(a) In General.–Upon the request of the Tribe, the Secretary of the
Interior–
(1) shall take into trust for the benefit of the Tribe any
land held in fee by the Tribe that was acquired by the Tribe on
or before January 1, 2007, if such lands are located within the
boundaries of New Kent County, James City County, Charles City
County, or Henrico County, Virginia; and
(2) may take into trust for the benefit of the Tribe any
land held in fee by the Tribe, if such lands are located within
the boundaries of New Kent County, James City County, Charles
City County, or Henrico County, Virginia.

(b) Deadline for Determination.–The Secretary shall make a final
written determination not later than 3 years of the date which the Tribe
submits a request for land to be taken into trust under subsection
(a)(2) and shall immediately make that determination available to the
Tribe.
(c) Reservation Status.–Any land taken into trust for the benefit
of the Tribe pursuant to this paragraph shall, upon request of the
Tribe, be considered part of the reservation of the Tribe.
(d) Gaming.–The Tribe may not conduct gaming activities as a matter
of claimed inherent authority or under the authority of any Federal law,
including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or
under any regulations thereunder promulgated by the Secretary or the
National Indian Gaming Commission.
SEC. 107. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

Nothing in this title expands, reduces, or affects in any manner any
hunting, fishing, trapping, gathering, or water rights of the Tribe and
members of the Tribe.

TITLE II–CHICKAHOMINY INDIAN TRIBE–EASTERN DIVISION

SEC. 201. FINDINGS.

Congress finds that–
(1) in 1607, when the English settlers set shore along the
Virginia coastline, the Chickahominy Indian Tribe was one of
about 30 tribes that received them;

[[Page 132 STAT. 45]]

(2) in 1614, the Chickahominy Indian Tribe entered into a
treaty with Sir Thomas Dale, Governor of the Jamestown Colony,
under which–
(A) the Chickahominy Indian Tribe agreed to provide
two bushels of corn per man and send warriors to protect
the English; and
(B) Sir Thomas Dale agreed in return to allow the
Tribe to continue to practice its 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 forced from their
reservation, which caused the loss of a land base;
(6) in 1711, the College of William and Mary in Williamsburg
established a grammar school for Indians called Brafferton
College;
(7) a Chickahominy child was one of the first Indians to
attend Brafferton College;
(8) in 1750, the Chickahominy Indian Tribe began to migrate
from King William County back to the area around the
Chickahominy River in New Kent and Charles City Counties;
(9) in 1793, a Baptist missionary named Bradby took refuge
with the Chickahominy and took a Chickahominy woman as his wife;
(10) in 1831, the names of the ancestors of the modern-day
Chickahominy Indian Tribe began to appear in the Charles City
County census records;
(11) in 1870, a census revealed an enclave of Indians in New
Kent County that is believed to be the beginning of the
Chickahominy Indian Tribe–Eastern Division;
(12) other records were destroyed when the New Kent County
courthouse was burned, leaving a State census as the only record
covering that period;
(13) in 1901, the Chickahominy Indian Tribe formed Samaria
Baptist Church;
(14) from 1901 to 1935, Chickahominy men were assessed a
tribal tax so that their children could receive an education;
(15) the Tribe used the proceeds from the tax to build the
first Samaria Indian School, buy supplies, and pay a teacher’s
salary;
(16) in 1910, a one-room school covering grades 1 through 8
was established in New Kent County for the Chickahominy Indian
Tribe–Eastern Division;
(17) during the period of 1920 through 1921, the
Chickahominy Indian Tribe–Eastern Division began forming a
tribal government;
(18) E.P. Bradby, the founder of the Tribe, was elected to
be Chief;
(19) in 1922, Tsena Commocko Baptist Church was organized;
(20) in 1925, a certificate of incorporation was issued to
the Chickahominy Indian Tribe–Eastern Division;

[[Page 132 STAT. 46]]

(21) in 1950, the one-room Indian school in New Kent County
was closed and students were bused to Samaria Indian School in
Charles City County;
(22) in 1967, the Chickahominy Indian Tribe and the
Chickahominy Indian Tribe–Eastern Division lost their schools
as a result of the required integration of students;
(23) during the period of 1982 through 1984, Tsena Commocko
Baptist Church built a new sanctuary to accommodate church
growth;
(24) in 1983 the Chickahominy Indian Tribe–Eastern Division
was granted State recognition along with five other Virginia
Indian tribes;
(25) in 1985–
(A) the Virginia Council on Indians was organized as
a State agency; and
(B) the Chickahominy Indian Tribe–Eastern Division
was granted a seat on the Council;
(26) in 1988, a nonprofit organization known as the “United
Indians of Virginia” was formed; and
(27) Chief Marvin “Strongoak” Bradby of the Eastern Band
of the Chickahominy presently chairs the organization.
SEC. 202. DEFINITIONS.

(b) Federal Services and Benefits.–
(1) <<NOTE: Effective date.>> In general.–On and after the
date of enactment of this Act, the Tribe and tribal members
shall be eligible 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.
(2) Service area.–For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area comprised of New Kent
County, James City County, Charles City County, and Henrico
County, Virginia.

[[Page 132 STAT. 47]]

SEC. 204. MEMBERSHIP; GOVERNING DOCUMENTS.

(b) Deadline for Determination.–The Secretary shall make a final
written determination not later than 3 years of the date which the Tribe
submits a request for land to be taken into trust under subsection
(a)(2) and shall immediately make that determination available to the
Tribe.
(c) Reservation Status.–Any land taken into trust for the benefit
of the Tribe pursuant to this paragraph shall, upon request of the
Tribe, be considered part of the reservation of the Tribe.
(d) Gaming.–The Tribe may not conduct gaming activities as a matter
of claimed inherent authority or under the authority of any Federal law,
including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or
under any regulations thereunder promulgated by the Secretary or the
National Indian Gaming Commission.
SEC. 207. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

Nothing in this title expands, reduces, or affects in any manner any
hunting, fishing, trapping, gathering, or water rights of the Tribe and
members of the Tribe.

TITLE III–UPPER MATTAPONI TRIBE

SEC. 301. FINDINGS.

Congress finds that–
(1) during the period of 1607 through 1646, the Chickahominy
Indian Tribes–
(A) lived approximately 20 miles from Jamestown; and
(B) were significantly involved in English-Indian
affairs;

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(2) Mattaponi Indians, who later joined the Chickahominy
Indians, lived a greater distance from Jamestown;
(3) in 1646, the Chickahominy Indians moved to Mattaponi
River basin, away from the English;
(4) in 1661, the Chickahominy Indians sold land at a place
known as “the cliffs” on the Mattaponi River;
(5) in 1669, the Chickahominy Indians–
(A) appeared in the Virginia Colony’s census of
Indian bowmen; and
(B) lived in “New Kent” County, which included the
Mattaponi River basin at that time;
(6) in 1677, the Chickahominy and Mattaponi Indians were
subjects of the Queen of Pamunkey, who was a signatory to the
Treaty of 1677 with the King of England;
(7) in 1683, after a Mattaponi town was attacked by Seneca
Indians, the Mattaponi Indians took refuge with the Chickahominy
Indians, and the history of the two groups was intertwined for
many years thereafter;
(8) in 1695, the Chickahominy and Mattaponi Indians–
(A) were assigned a reservation by the Virginia
Colony; and
(B) traded land of the reservation for land at the
place known as “the cliffs” (which, as of the date of
enactment of this Act, is the Mattaponi Indian
Reservation), which had been owned by the Mattaponi
Indians before 1661;
(9) in 1711, a Chickahominy boy attended the Indian School
at the College of William and Mary;
(10) in 1726, the Virginia Colony discontinued funding of
interpreters for the Chickahominy and Mattaponi Indian Tribes;
(11) James Adams, who served as an interpreter to the Indian
tribes known as of the date of enactment of this Act as the
“Upper Mattaponi Indian Tribe” and “Chickahominy Indian
Tribe”, elected to stay with the Upper Mattaponi Indians;
(12) today, a majority of the Upper Mattaponi Indians have
“Adams” as their surname;
(13) in 1787, Thomas Jefferson, in Notes on the Commonwealth
of Virginia, mentioned the Mattaponi Indians on a reservation in
King William County and said that Chickahominy Indians were
“blended” with the Mattaponi Indians and nearby Pamunkey
Indians;
(14) in 1850, the census of the United States revealed a
nucleus of approximately 10 families, all ancestral to modern
Upper Mattaponi Indians, living in central King William County,
Virginia, approximately 10 miles from the reservation;
(15) during the period of 1853 through 1884, King William
County marriage records listed Upper Mattaponis as “Indians”
in marrying people residing on the reservation;
(16) during the period of 1884 through the present, county
marriage records usually refer to Upper Mattaponis as
“Indians”;
(17) in 1901, Smithsonian anthropologist James Mooney heard
about the Upper Mattaponi Indians but did not visit them;

[[Page 132 STAT. 49]]

(18) in 1928, University of Pennsylvania anthropologist
Frank Speck published a book on modern Virginia Indians with a
section on the Upper Mattaponis;
(19) from 1929 until 1930, the leadership of the Upper
Mattaponi Indians opposed the use of a “colored” designation
in the 1930 United States census and won a compromise in which
the Indian ancestry of the Upper Mattaponis was recorded but
questioned;
(20) during the period of 1942 through 1945–
(A) the leadership of the Upper Mattaponi Indians,
with the help of Frank Speck and others, fought against
the induction of young men of the Tribe into “colored”
units in the Armed Forces of the United States; and
(B) a tribal roll for the Upper Mattaponi Indians
was compiled;
(21) from 1945 to 1946, negotiations took place to admit
some of the young people of the Upper Mattaponi to high schools
for Federal Indians (especially at Cherokee) because no high
school coursework was available for Indians in Virginia schools;
and
(22) in 1983, the Upper Mattaponi Indians applied for and
won State recognition as an Indian tribe.
SEC. 302. DEFINITIONS.

(b) Federal Services and Benefits.–
(1) <<NOTE: Effective date.>> In general.–On and after the
date of enactment of this Act, the Tribe and tribal members
shall be eligible for all services and benefits provided by the
Federal Government to federally recognized Indian tribes without
regard to the existence of a reservation for the Tribe.
(2) Service area.–For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area within 25 miles of the
Sharon Indian School at 13383 King William Road, King William
County, Virginia.

[[Page 132 STAT. 50]]

SEC. 304. MEMBERSHIP; GOVERNING DOCUMENTS.

(a) In General.–Upon the request of the Tribe, the Secretary of the
Interior–
(1) shall take into trust for the benefit of the Tribe any
land held in fee by the Tribe that was acquired by the Tribe on
or before January 1, 2007, if such lands are located within the
boundaries of King William County, Caroline County, Hanover
County, King and Queen County, and New Kent County, Virginia;
and
(2) may take into trust for the benefit of the Tribe any
land held in fee by the Tribe, if such lands are located within
the boundaries of King William County, Caroline County, Hanover
County, King and Queen County, and New Kent County, Virginia.

(b) Deadline for Determination.–The Secretary shall make a final
written determination not later than 3 years of the date which the Tribe
submits a request for land to be taken into trust under subsection
(a)(2) and shall immediately make that determination available to the
Tribe.
(c) Reservation Status.–Any land taken into trust for the benefit
of the Tribe pursuant to this paragraph shall, upon request of the
Tribe, be considered part of the reservation of the Tribe.
(d) Gaming.–The Tribe may not conduct gaming activities as a matter
of claimed inherent authority or under the authority of any Federal law,
including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or
under any regulations thereunder promulgated by the Secretary or the
National Indian Gaming Commission.
SEC. 307. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

Nothing in this title expands, reduces, or affects in any manner any
hunting, fishing, trapping, gathering, or water rights of the Tribe and
members of the Tribe.

TITLE IV–RAPPAHANNOCK TRIBE, INC.

SEC. 401. FINDINGS.

Congress finds that–
(1) during the initial months after Virginia was settled,
the Rappahannock Indians had three encounters with Captain John
Smith;

[[Page 132 STAT. 51]]

(2) the first encounter occurred when the Rappahannock
weroance (headman)–
(A) traveled to Quiyocohannock (a principal town
across the James River from Jamestown), where he met
with Smith to determine whether Smith had been the
“great man” who had previously sailed into the
Rappahannock River, killed a Rappahannock weroance, and
kidnapped Rappahannock people; and
(B) determined that Smith was too short to be that
“great man”;
(3) 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”;
(4) a third meeting took place during Smith’s exploration of
the Chesapeake Bay (July to September 1608), when, after the
Moraughtacund Indians had stolen three women from the
Rappahannock King, Smith was prevailed upon to facilitate a
peaceful truce between the Rappahannock and the Moraughtacund
Indians;
(5) in the settlement, Smith had the two Indian tribes meet
on the spot of their first fight;
(6) when it was established that both groups wanted peace,
Smith told the Rappahannock King to select which of the three
stolen women he wanted;
(7) the Moraughtacund King was given second choice among the
two remaining women, and Mosco, a Wighcocomoco (on the Potomac
River) guide, was given the third woman;
(8) in 1645, Captain William Claiborne tried unsuccessfully
to establish treaty relations with the Rappahannocks, as the
Rappahannocks had not participated in the Pamunkey-led uprising
in 1644, and the English wanted to “treat with the
Rappahannocks or any other Indians not in amity with
Opechancanough, concerning serving the county against the
Pamunkeys”;
(9) in April 1651, the Rappahannocks conveyed a tract of
land to an English settler, Colonel Morre Fauntleroy;
(10) the deed for the conveyance was signed by Accopatough,
weroance of the Rappahannock Indians;
(11) in September 1653, Lancaster County signed a treaty
with Rappahannock Indians, the terms of which treaty–
(A) gave Rappahannocks the rights of Englishmen in
the county court; and
(B) attempted to make the Rappahannocks more
accountable under English law;
(12) in September 1653, Lancaster County defined and marked
the bounds of its Indian settlements;
(13) according to the Lancaster clerk of court, “the tribe
called the great Rappahannocks lived on the Rappahannock Creek
just across the river above Tappahannock”;
(14) in September 1656, (Old) Rappahannock County (which, as
of the date of enactment of this Act, is comprised of Richmond
and Essex Counties, Virginia) signed a treaty with Rappahannock
Indians that–
(A) mirrored the Lancaster County treaty from 1653;
and
(B) stated that–

[[Page 132 STAT. 52]]

(i) Rappahannocks were to be rewarded, in
Roanoke, for returning English fugitives; and
(ii) the English encouraged the Rappahannocks
to send their children to live among the English
as servants, who the English promised would be
well-treated;
(15) 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”;
(16) in 1669, the colony conducted a census of Virginia
Indians;
(17) as of the date of that census–
(A) the majority of the Rappahannocks were residing
at their hunting village on the north side of the
Mattaponi River; and
(B) at the time of the visit, census-takers were
counting only the Indian tribes along the rivers, which
explains why only 30 Rappahannock bowmen were counted on
that river;
(18) the Rappahannocks used the hunting village on the north
side of the Mattaponi River as their primary residence until the
Rappahannocks were removed in 1684;
(19) in May 1677, the Treaty of Middle Plantation was signed
with England;
(20) the Pamunkey Queen Cockacoeske signed on behalf of the
Rappahannocks, “who were supposed to be her tributaries”, but
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”;
(21) in November 1682, the Virginia Colonial Council
established a reservation for the Rappahannock Indians of 3,474
acres “about the town where they dwelt”;
(22) the Rappahannock “town” was the hunting village on
the north side of the Mattaponi River, where the Rappahannocks
had lived throughout the 1670s;
(23) the acreage allotment of the reservation was based on
the 1658 Indian land act, which translates into a bowman
population of 70, or an approximate total Rappahannock
population of 350;
(24) 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;
(25) between 1687 and 1699, the Rappahannocks migrated out
of Nanzatico, returning to the south side of the Rappahannock
River at Portobacco Indian Town;
(26) in 1706, by order of Essex County, Lieutenant Richard
Covington “escorted” the Portobaccos and Rappahannocks out of
Portobacco Indian Town, out of Essex County, and into King and
Queen County where they settled along the ridgeline between the
Rappahannock and Mattaponi Rivers, the site of their ancient
hunting village and 1682 reservation;

[[Page 132 STAT. 53]]

(27) during the 1760s, three Rappahannock girls were raised
on Thomas Nelson’s Bleak Hill Plantation in King William County;
(28) of those girls–
(A) one married a Saunders man;
(B) one married a Johnson man; and
(C) one had two children, Edmund and Carter Nelson,
fathered by Thomas Cary Nelson;
(29) in the 19th century, those Saunders, Johnson, and
Nelson families are among the core Rappahannock families from
which the modern Tribe traces its descent;
(30) in 1819 and 1820, Edward Bird, John Bird (and his
wife), Carter Nelson, Edmund Nelson, and Carter Spurlock (all
Rappahannock ancestors) were listed on the tax roles of King and
Queen County and taxed at the county poor rate;
(31) Edmund Bird was added to the tax roles in 1821;
(32) those tax records are significant documentation because
the great majority of pre-1864 records for King and Queen County
were destroyed by fire;
(33) beginning in 1819, and continuing through the 1880s,
there was a solid Rappahannock presence in the membership at
Upper Essex Baptist Church;
(34) that was the first instance of conversion to
Christianity by at least some Rappahannock Indians;
(35) while 26 identifiable and traceable Rappahannock
surnames appear on the pre-1863 membership list, and 28 were
listed on the 1863 membership roster, the number of surnames
listed had declined to 12 in 1878 and had risen only slightly to
14 by 1888;
(36) a reason for the decline is that 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;
(37) Mastin referred to the Rappahannocks during the period
of 1850 to 1870 as “Indians, having a great need for moral and
Christian guidance”;
(38) St. Stephens was the dominant tribal church until the
Rappahannock Indian Baptist Church was established in 1964;
(39) at both churches, the core Rappahannock family names of
Bird, Clarke, Fortune, Johnson, Nelson, Parker, and Richardson
predominate;
(40) during the early 1900s, James Mooney, noted
anthropologist, maintained correspondence with the
Rappahannocks, surveying them and instructing them on how to
formalize their tribal government;
(41) in November 1920, Speck visited the Rappahannocks and
assisted them in organizing the fight for their sovereign
rights;
(42) in 1921, the Rappahannocks were granted a charter from
the Commonwealth of Virginia formalizing their tribal
government;
(43) Speck began a professional relationship with the Tribe
that would last more than 30 years and document Rappahannock
history and traditions as never before;
(44) in April 1921, Rappahannock Chief George Nelson asked
the Governor of Virginia, Westmoreland Davis, to forward

[[Page 132 STAT. 54]]

a proclamation to the President of the United States, along with
an appended list of tribal members and a handwritten copy of the
proclamation itself;
(45) the letter concerned Indian freedom of speech and
assembly nationwide;
(46) in 1922, the Rappahannocks established a formal school
at Lloyds, Essex County, Virginia;
(47) prior to establishment of the school, Rappahannock
children were taught by a tribal member in Central Point,
Caroline County, Virginia;
(48) in December 1923, Rappahannock Chief George Nelson
testified before Congress appealing for a $50,000 appropriation
to establish an Indian school in Virginia;
(49) 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;
(50) in January 1930, Rappahannock Chief Otho S. Nelson
wrote to Leon Truesdell, Chief Statistician of the United States
Census Bureau, asking that the 218 enrolled Rappahannocks be
listed as Indians;
(51) in February 1930, Truesdell replied to Nelson saying
that “special instructions” were being given about classifying
Indians;
(52) in April 1930, Nelson wrote to William M. Steuart at
the Census Bureau asking about the enumerators’ failure to
classify his people as Indians, saying that enumerators had not
asked the question about race when they interviewed his people;
(53) in a followup letter to Truesdell, Nelson reported that
the enumerators were “flatly denying” his people’s request to
be listed as Indians and that the race question was completely
avoided during interviews;
(54) the Rappahannocks had spoken with Caroline and Essex
County enumerators, and with John M.W. Green at that point,
without success;
(55) Nelson asked Truesdell to list people as Indians if he
sent a list of members;
(56) the matter was settled by William Steuart, who
concluded that the Bureau’s rule was that people of Indian
descent could be classified as “Indian” only if Indian
“blood” predominated and “Indian” identity was accepted in
the local community;
(57) 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;
(58) therefore, in 1925, the Indian Rights Association took
on the Rappahannock case to assist the Rappahannocks in fighting
for their recognition and rights as an Indian tribe;
(59) during the Second World War, the Pamunkeys, Mattaponis,
Chickahominies, and Rappahannocks had to fight the draft boards
with respect to their racial identities;
(60) the Virginia Vital Statistics Bureau insisted that
certain Indian draftees be inducted into Negro units;
(61) finally, three Rappahannocks were convicted of
violating the Federal draft laws and, after spending time in a
Federal prison, were granted conscientious objector status and

[[Page 132 STAT. 55]]

served out the remainder of the war working in military
hospitals;
(62) 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,
including the Rappahannocks;
(63) in the 1940s, Leon Truesdell, Chief Statistician, of
the United States Census Bureau, listed 118 members in the
Rappahannock Tribe in the Indian population of Virginia;
(64) on April 25, 1940, the Office of Indian Affairs of the
Department of the Interior included the Rappahannocks on a list
of Indian tribes classified by State and by agency;
(65) in 1948, the Smithsonian Institution Annual Report
included an article by William Harlen Gilbert entitled,
“Surviving Indian Groups of the Eastern United States”, which
included and described the Rappahannock Tribe;
(66) in the late 1940s and early 1950s, the Rappahannocks
operated a school at Indian Neck;
(67) 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;
(68) in 1965, Rappahannock students entered Marriott High
School (a White public school) by Executive order of the
Governor of Virginia;
(69) in 1972, the Rappahannocks worked with the Coalition of
Eastern Native Americans to fight for Federal recognition;
(70) in 1979, the Coalition established a pottery and
artisans company, operating with other Virginia tribes;
(71) in 1980, the Rappahannocks received funding through the
Administration for Native Americans of the Department of Health
and Human Services to develop an economic program for the Tribe;
and
(72) in 1983, the Rappahannocks received State recognition
as an Indian tribe.
SEC. 402. DEFINITIONS.

In this title:
(1) Secretary.–The term “Secretary” means the Secretary
of the Interior.
(2) Tribal member.–The term “tribal member” means–
(A) an individual who is an enrolled member of the
Tribe as of the date of enactment of this Act; and
(B) an individual who has been placed on the
membership rolls of the Tribe in accordance with this
title.
(3) Tribe.–
(A) In general.–The term “Tribe” means the
organization possessing the legal name Rappahannock
Tribe, Inc.
(B) Exclusions.–The term “Tribe” does not include
any other Indian tribe, subtribe, band, or splinter
group the members of which represent themselves as
Rappahannock Indians.
SEC. 403. FEDERAL RECOGNITION.

(a) Federal Recognition.–
(1) In general.–Federal recognition is extended to the
Tribe.

[[Page 132 STAT. 56]]

(2) Applicability of laws.–All laws (including regulations)
of the United States of general applicability to Indians or
nations, Indian tribes, or bands of Indians (including the Act
of June 18, 1934 (25 U.S.C. 461 et seq.)) that are not
inconsistent with this title shall be applicable to the Tribe
and tribal members.

(b) Federal Services and Benefits.–
(1) <<NOTE: Effective date.>> In general.–On and after the
date of enactment of this Act, the Tribe and tribal members
shall be eligible for all services and benefits provided by the
Federal Government to federally recognized Indian tribes without
regard to the existence of a reservation for the Tribe.
(2) Service area.–For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area comprised of King and
Queen County, Caroline County, Essex County, and King William
County, Virginia.
SEC. 404. MEMBERSHIP; GOVERNING DOCUMENTS.

(a) In General.–Upon the request of the Tribe, the Secretary of the
Interior–
(1) shall take into trust for the benefit of the Tribe any
land held in fee by the Tribe that was acquired by the Tribe on
or before January 1, 2007, if such lands are located within the
boundaries of King and Queen County, Stafford County,
Spotsylvania County, Richmond County, Essex County, and Caroline
County, Virginia; and
(2) may take into trust for the benefit of the Tribe any
land held in fee by the Tribe, if such lands are located within
the boundaries of King and Queen County, Richmond County,
Lancaster County, King George County, Essex County, Caroline
County, New Kent County, King William County, and James City
County, Virginia.

[[Page 132 STAT. 57]]

(25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated
by the Secretary or the National Indian Gaming Commission.
SEC. 407. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

Nothing in this title expands, reduces, or affects in any manner any
hunting, fishing, trapping, gathering, or water rights of the Tribe and
members of the Tribe.

TITLE V–MONACAN INDIAN NATION

SEC. 501. FINDINGS.

Congress finds that–
(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;
(3) specifically mentioned in the negotiations were the
Monacan tribes of the Totero (Tutelo), Saponi, Ocheneeches
(Occaneechi), Stengenocks, and Meipontskys;
(4) in 1790, the first national census recorded Benjamin
Evans and Robert Johns, both ancestors of the present Monacan
community, listed as “white” with mulatto children;
(5) in 1782, tax records also began for those families;
(6) in 1850, the United States census recorded 29 families,
mostly large, with Monacan surnames, the members of which are
genealogically related to the present community;
(7) in 1870, a log structure was built at the Bear Mountain
Indian Mission;
(8) in 1908, the structure became an Episcopal Mission and,
as of the date of enactment of this Act, the structure is listed
as a landmark on the National Register of Historic Places;
(9) in 1920, 304 Amherst Indians were identified in the
United States census;
(10) from 1930 through 1931, numerous letters from Monacans
to the Bureau of the Census resulted from the decision of Dr.
Walter Plecker, former head of the Bureau of Vital Statistics of
the Commonwealth of Virginia, not to allow Indians to register
as Indians for the 1930 census;
(11) the Monacans eventually succeeded in being allowed to
claim their race, albeit with an asterisk attached to a note
from Dr. Plecker stating that there were no Indians in Virginia;
(12) 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;
(13) that letter was forwarded to the Department of the
Interior, Office of Indian Affairs, Chicago, Illinois;
(14) 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”;

[[Page 132 STAT. 58]]

(15) in 1979, a Federal Coalition of Eastern Native
Americans established the entity known as “Monacan Co-operative
Pottery” at the Amherst Mission;
(16) some important pieces were produced at Monacan Co-
operative Pottery, including a piece that was sold to the
Smithsonian Institution;
(17) the Mattaponi-Pamunkey-Monacan Consortium, established
in 1981, has since been organized as a nonprofit corporation
that serves as a vehicle to obtain funds for those Indian tribes
from the Department of Labor under Native American programs;
(18) in 1989, the Monacan Tribe was recognized by the
Commonwealth of Virginia, which enabled the Tribe to apply for
grants and participate in other programs; and
(19) in 1993, the Monacan Tribe received tax-exempt status
as a nonprofit corporation from the Internal Revenue Service.
SEC. 502. DEFINITIONS.

(b) Federal Services and Benefits.–
(1) <<NOTE: Effective date.>> In general.–On and after the
date of enactment of this Act, the Tribe and tribal members
shall be eligible for all services and benefits provided by the
Federal Government to federally recognized Indian tribes without
regard to the existence of a reservation for the Tribe.
(2) Service area.–For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area comprised of all land
within 25 miles from the center of Amherst, Virginia.
SEC. 504. MEMBERSHIP; GOVERNING DOCUMENTS.

The governing body of the Tribe shall be–

[[Page 132 STAT. 59]]

(1) <<NOTE: Effective date.>> the governing body of the
Tribe in place as of the date of enactment of this Act; or
(2) any subsequent governing body elected in accordance with
the election procedures specified in the governing documents of
the Tribe.
SEC. 506. RESERVATION OF THE TRIBE.

(a) In General.–Upon the request of the Tribe, the Secretary of the
Interior–
(1) shall take into trust for the benefit of the Tribe any
land held in fee by the Tribe that was acquired by the Tribe on
or before January 1, 2007, if such lands are located within the
boundaries of Amherst County, Virginia; and
(2) may take into trust for the benefit of the Tribe any
land held in fee by the Tribe, if such lands are located within
the boundaries of Amherst County, Virginia, and those parcels in
Rockbridge County, Virginia (subject to the consent of the local
unit of government), owned by Mr. J. Poole, described as East
731 Sandbridge (encompassing approximately 4.74 acres) and East
731 (encompassing approximately 5.12 acres).

(b) Deadline for Determination.–The Secretary shall make a final
written determination not later than 3 years of the date which the Tribe
submits a request for land to be taken into trust under subsection
(a)(2) and shall immediately make that determination available to the
Tribe.
(c) Reservation Status.–Any land taken into trust for the benefit
of the Tribe pursuant to this paragraph shall, upon request of the
Tribe, be considered part of the reservation of the Tribe.
(d) Gaming.–The Tribe may not conduct gaming activities as a matter
of claimed inherent authority or under the authority of any Federal law,
including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or
under any regulations thereunder promulgated by the Secretary or the
National Indian Gaming Commission.
SEC. 507. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

Nothing in this title expands, reduces, or affects in any manner any
hunting, fishing, trapping, gathering, or water rights of the Tribe and
members of the Tribe.

TITLE VI–NANSEMOND INDIAN TRIBE

SEC. 601. FINDINGS.

Congress finds that–
(1) from 1607 until 1646, Nansemond Indians–
(A) lived approximately 30 miles from Jamestown; and
(B) were significantly involved in English-Indian
affairs;
(2) after 1646, there were two sections of Nansemonds in
communication with each other, the Christianized Nansemonds in
Norfolk County, who lived as citizens, and the traditionalist
Nansemonds, who lived further west;
(3) in 1638, according to an entry in a 17th century sermon
book still owned by the Chief’s family, a Norfolk County
Englishman married a Nansemond woman;

[[Page 132 STAT. 60]]

(4) that man and woman are lineal ancestors of all of
members of the Nansemond Indian tribe alive as of the date of
enactment of this Act, as are some of the traditionalist
Nansemonds;
(5) in 1669, the two Nansemond sections appeared in Virginia
Colony’s census of Indian bowmen;
(6) in 1677, Nansemond Indians were signatories to the
Treaty of 1677 with the King of England;
(7) in 1700 and 1704, the Nansemonds and other Virginia
Indian tribes were prevented by Virginia Colony from making a
separate peace with the Iroquois;
(8) Virginia represented those Indian tribes in the final
Treaty of Albany, 1722;
(9) in 1711, a Nansemond boy attended the Indian School at
the College of William and Mary;
(10) in 1727, Norfolk County granted William Bass and his
kinsmen the “Indian privileges” of clearing swamp land and
bearing arms (which privileges were forbidden to other non-
Whites) because of their Nansemond ancestry, which meant that
Bass and his kinsmen were original inhabitants of that land;
(11) in 1742, Norfolk County issued a certificate of
Nansemond descent to William Bass;
(12) from the 1740s to the 1790s, the traditionalist section
of the Nansemond tribe, 40 miles west of the Christianized
Nansemonds, was dealing with reservation land;
(13) the last surviving members of that section sold out in
1792 with the permission of the Commonwealth of Virginia;
(14) in 1797, Norfolk County issued a certificate stating
that William Bass was of Indian and English descent, and that
his Indian line of ancestry ran directly back to the early 18th
century elder in a traditionalist section of Nansemonds on the
reservation;
(15) in 1833, Virginia enacted a law enabling people of
European and Indian descent to obtain a special certificate of
ancestry;
(16) the law originated from the county in which Nansemonds
lived, and mostly Nansemonds, with a few people from other
counties, took advantage of the new law;
(17) a Methodist mission established around 1850 for
Nansemonds is currently a standard Methodist congregation with
Nansemond members;
(18) in 1901, Smithsonian anthropologist James Mooney–
(A) visited the Nansemonds; and
(B) completed a tribal census that counted 61
households and was later published;
(19) in 1922, Nansemonds were given a special Indian school
in the segregated school system of Norfolk County;
(20) the school survived only a few years;
(21) in 1928, University of Pennsylvania anthropologist
Frank Speck published a book on modern Virginia Indians that
included a section on the Nansemonds; and
(22) the Nansemonds were organized formally, with elected
officers, in 1984, and later applied for and received State
recognition.

[[Page 132 STAT. 61]]

SEC. 602. DEFINITIONS.

(b) Federal Services and Benefits.–
(1) <<NOTE: Effective date.>> In general.–On and after the
date of enactment of this Act, the Tribe and tribal members
shall be eligible for all services and benefits provided by the
Federal Government to federally recognized Indian tribes without
regard to the existence of a reservation for the Tribe.
(2) Service area.–For the purpose of the delivery of
Federal services to tribal members, the service area of the
Tribe shall be considered to be the area comprised of the cities
of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth,
Suffolk, and Virginia Beach, Virginia.
SEC. 604. MEMBERSHIP; GOVERNING DOCUMENTS.

[[Page 132 STAT. 62]]

the boundaries of the city of Suffolk, the city of Chesapeake,
or Isle of Wight County, Virginia.

(b) Deadline for Determination.–The Secretary shall make a final
written determination not later than 3 years of the date which the Tribe
submits a request for land to be taken into trust under subsection
(a)(2) and shall immediately make that determination available to the
Tribe.
(c) Reservation Status.–Any land taken into trust for the benefit
of the Tribe pursuant to this paragraph shall, upon request of the
Tribe, be considered part of the reservation of the Tribe.
(d) Gaming.–The Tribe may not conduct gaming activities as a matter
of claimed inherent authority or under the authority of any Federal law,
including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or
under any regulations thereunder promulgated by the Secretary or the
National Indian Gaming Commission.
SEC. 607. HUNTING, FISHING, TRAPPING, GATHERING, AND WATER RIGHTS.

Nothing in this title expands, reduces, or affects in any manner any
hunting, fishing, trapping, gathering, or water rights of the Tribe and
members of the Tribe.

TITLE VII–EMINENT DOMAIN

SEC. 701. LIMITATION.

Eminent domain may not be used to acquire lands in fee or in trust
for an Indian tribe recognized under this Act.

Approved January 29, 2018.

LEGISLATIVE HISTORY–H.R. 984:
—————————————————————————

CONGRESSIONAL RECORD:
Vol. 163 (2017):
May 17, considered and passed House.
Vol. 164 (2018):
Jan. 11, considered and passed
Senate.

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