[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 984 Enrolled Bill (ENR)]
H.R.984
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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:

4520cf9b4da1016344a6c19da227a9d54a487a76e71b964ad93391121daa9119

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

c352f279911a2ee5537a6c2902d2a361b91694bd65ff980c306c9dd8329a1281

TITLE VII

-EMINENT DOMAIN

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;
(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. 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.

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TITLE I

-CHICKAHOMINY INDIAN TRIBE

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.--The term ``Tribe'' means the Chickahominy Indian
Tribe.

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(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) 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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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.

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The governing body of the Tribe shall be--
(1) 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.

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(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.

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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.

09e12f4948f5436f1ec25bd27db62b628202a4e07becab68d1d21499f031bd9b

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 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;
(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.

767a26913f43cb7afaff8c101047fabe6d5a316ef7c45a0d7009cdb7793a1956

TITLE II

-CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION

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.--The term ``Tribe'' means the Chickahominy Indian
Tribe--Eastern Division.

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(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) 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.

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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;
(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;
(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.

05ee693211b01e332cd63f293cc620a3b7641554a2b6680f42cb3d0f4ca3fb72

TITLE III

-UPPER MATTAPONI TRIBE

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.--The term ``Tribe'' means the Upper Mattaponi Tribe.

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(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) 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.

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(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.

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

07916e3d94a925f189bc957948b3ea99efa51e03e534ea96fd54a992fdc277e3

TITLE IV

-RAPPAHANNOCK TRIBE, INC.

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.

82c7717abc76c9131326ac84a3619331f4914c77e76ad855c2ea2b284c721165

(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) 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.

e0e6bcbb7d713155a1658acbfdd9795656fd44b2b1c29bac62b8faf4e631537e

(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.
(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.

812b476684a8492c2c75a72a54ff4b683efb32d0395f9f91d2f5361fbae8db35

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'';
(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.

f0838c4d593cee9c48bb6aa728b8863499e4805ca8960a917efa2e7307d6ae6f

TITLE V

-MONACAN INDIAN NATION

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.--The term ``Tribe'' means the Monacan Indian Nation.

efe2d12f1a82bb1a9ebcd2a4b49e77125a0b1857b1fec60edabdf1986e79c562

(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) 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.

fc215a279b17f436a243094a53efb48319bea856538e4df837c90f065e12acd6

(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.

9800dcea3c07d20fcd213b2aec3c1a6a7c9f9eca7cee81559377aa207fb6016d

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;
(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.

cb45242fa4b9985d27004a5cd9a801378f509fbe77fe901f0ea9c962c8461028

TITLE VI

-NANSEMOND INDIAN TRIBE

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.--The term ``Tribe'' means the Nansemond Indian
Tribe.

54b4c9d34008d435960f01ca56fbb2b567d6e6c1c82885098c7bb616a21d0eee

(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) 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.

793c54713161701d93a631d2f710038c974d6537366583b94479a9a9f7ee1019

(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 the city of Suffolk, the city of Chesapeake, or Isle
of Wight 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 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.

a3beadf5804bcd1ecac3dcf4ff99fcc7aebb23035ac824425e9deff4149debf2

Eminent domain may not be used to acquire lands in fee or in trust
for an Indian tribe recognized under this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

1a5c76bf054ea4c35fdc5be8098f87b900b61eab336c9952f715c7363907ba9b

Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2017 — HR. 984

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