House Report 111-104 - THOMASINA E. JORDAN INDIAN TRIBES OF VIRGINIA FEDERAL RECOGNITION ACT OF 2009

[House Report 111-104]
[From the U.S. Government Publishing Office]

111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-104

======================================================================

THOMASINA E. JORDAN INDIAN TRIBES OF VIRGINIA FEDERAL RECOGNITION ACT
OF 2009

_______

May 12, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______

Mr. Rahall, from the Committee on Natural Resources, submitted the
following

R E P O R T

together with

ADDITIONAL AND DISSENTING VIEWS

[To accompany H.R. 1385]

[Including cost estimate of the Congressional Budget Office]

The Committee on Natural Resources, to whom was referred the
bill (H.R. 1385) 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, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:

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 2009''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.

TITLE I--CHICKAHOMINY INDIAN TRIBE

Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Federal recognition.
Sec. 104. Membership; governing documents.
Sec. 105. Governing body.
Sec. 106. Reservation of the Tribe.
Sec. 107. Hunting, fishing, trapping, gathering, and water rights.
Sec. 108. Jurisdiction of Commonwealth of Virginia.

TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION

Sec. 201. Findings.
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.
Sec. 208. Jurisdiction of Commonwealth of Virginia.

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.
Sec. 308. Jurisdiction of Commonwealth of Virginia.

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.
Sec. 408. Jurisdiction of Commonwealth of Virginia.

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.
Sec. 508. Jurisdiction of Commonwealth of Virginia.

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.
Sec. 608. Jurisdiction of Commonwealth of Virginia.

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 1 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 2
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 1 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 5 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.

SEC. 103. FEDERAL RECOGNITION.

(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.

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) 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 three 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.

SEC. 108. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

(a) In General.--The Commonwealth of Virginia shall exercise
jurisdiction over--
(1) all criminal offenses that are committed on; and
(2) all civil actions that arise on,
lands located within the Commonwealth of Virginia that are owned by, or
held in trust by the United States for, the Tribe.
(b) Acceptance of State Jurisdiction by Secretary.--The Secretary of
the Interior is authorized to accept on behalf of the United States,
after consulting with the Attorney General of the United States, all or
any portion of the jurisdiction of the Commonwealth of Virginia
described in subsection (a) upon verification by the Secretary of a
certification by a tribe that it possesses the capacity to reassume
such jurisdiction.

TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION

SEC. 201. FINDINGS.

SEC. 202. DEFINITIONS.

SEC. 203. FEDERAL RECOGNITION.

(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.

SEC. 204. MEMBERSHIP; GOVERNING DOCUMENTS.

SEC. 205. GOVERNING BODY.

SEC. 206. RESERVATION OF THE TRIBE.

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.

SEC. 208. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

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;
(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 2 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.

SEC. 302. DEFINITIONS.

SEC. 303. FEDERAL RECOGNITION.

(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.

SEC. 304. MEMBERSHIP; GOVERNING DOCUMENTS.

SEC. 305. GOVERNING BODY.

SEC. 306. 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 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 three 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.

SEC. 308. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

TITLE IV--RAPPAHANNOCK TRIBE, INC.

SEC. 401. FINDINGS.

Congress finds that--
(1) during the initial months after Virginia was settled, the
Rappahannock Indians had 3 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 3 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 2 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 3
stolen women he wanted;
(7) the Moraughtacund King was given second choice among the
2 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, 3 Rappahannock girls were raised on
Thomas Nelson's Bleak Hill Plantation in King William County;
(28) of those girls--
(A) 1 married a Saunders man;
(B) 1 married a Johnson man; and
(C) 1 had 2 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, 3 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.

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.
(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, Spotsylvania County,
Stafford County, and Richmond County, Virginia.

SEC. 404. MEMBERSHIP; GOVERNING DOCUMENTS.

SEC. 405. GOVERNING BODY.

SEC. 406. 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 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, Stafford County,
Spotsylvania County, Richmond County, Essex County, and
Caroline County, Virginia.
(b) Deadline for Determination.--The Secretary shall make a final
written determination not later than three 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. 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.

SEC. 408. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

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'';
(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.

SEC. 503. FEDERAL RECOGNITION.

(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.

SEC. 504. MEMBERSHIP; GOVERNING DOCUMENTS.

SEC. 505. GOVERNING BODY.

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 Albemarle County, Alleghany County, Amherst
County, Augusta County, Campbell County, Nelson County, and
Rockbridge 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 Albemarle County, Alleghany County, Amherst
County, Augusta County, Campbell County, Nelson County, and
Rockbridge County, Virginia.
(b) Deadline for Determination.--The Secretary shall make a final
written determination not later than three 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.

SEC. 508. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

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 2 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 2 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
nonwhites) 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.

SEC. 602. DEFINITIONS.

SEC. 603. FEDERAL RECOGNITION.

(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.

SEC. 604. MEMBERSHIP; GOVERNING DOCUMENTS.

SEC. 605. GOVERNING BODY.

SEC. 606. 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 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 three 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.

SEC. 608. JURISDICTION OF COMMONWEALTH OF VIRGINIA.

PURPOSE OF THE BILL

The purpose of H.R. 1385, the Thomasina E. Jordan Indian
Tribes of Virginia Federal Recognition Act of 2009, is 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.

BACKGROUND AND NEED FOR LEGISLATION

The issue of the status of these six Virginia tribes comes
to the Committee with a voluminous congressional record.
Similar legislation was introduced either in the House of
Representatives or the Senate in the 107th, 108th, 109th and
110th Congresses. Hearings have been held on the past
legislation and reports have been filed. These hearings and
reports have consistently established that these tribes are
descendants of the historic tribes that occupied the area when
the first English settlers arrived in what is now Virginia. The
Department of the Interior has generally not voiced opposition
to Congressional recognition of these tribes other than to
state that there is an administrative process available for
them. The Department has not questioned the tribes' Indian
ancestry or tribal governmental status.

Document destruction and tampering

Despite the wealth of documentation that exists for each of
these tribes, it is not entirely clear that these tribes could
meet the criteria used by the Bureau of Indian Affairs as part
of the Federal Acknowledgment Process. Although references
exist from the 1600s until the present indicating the existence
of Indians in the Virginia area, much documentation that would
be required by the Bureau of Indian Affairs has been tampered
with or destroyed.
During the Civil War period from 1861-1865, most of the
local records were destroyed in fires at government buildings.
In addition, many Indians began adopting Anglo-American names,
language, and customs in order to hide their Indian heritage to
ensure survival. Another hindrance to appearing in local
records was the socio-economic status of most Virginia Indians.
Until the late 19th century, they tended to rent land, engage
in common-law marriages, and die without a will--activities
that do not require official documents thus rendering them
`invisible' in public records.
In the first half of the twentieth century, there was a
deliberate and systematic attempt to erase Indians in the
Commonwealth of Virginia. Dr. Walter Ashby Plecker served as
the first Registrar of the Virginia Bureau of Vital Statistics
from 1912-1947. A white supremacist, Dr. Plecker set out to rid
the Commonwealth of Virginia of any records that recorded the
existence of Indians or Indian tribes living therein. He was
instrumental in ensuring passage of the 1924 Racial Integrity
Act which required all persons living in Virginia to provide
extensive proof of their race. The Act made it a felony to
submit records which misidentified a person's race and
prohibited documents and marriage licenses to anyone whose
lineage was questioned.
Dr. Plecker specifically targeted Virginia Indians. At the
time, individuals who had 1/16 or less Indian blood were
permitted to register as White. He believed that there were no
true Indians living in Virginia and those claiming to be Indian
were only using the title to try and pass as White. He wrote
that mixed-blood families or those suspected of having Negro
ancestry must not be allowed to register as White or Indian. It
was illegal for individuals to classify themselves or their
newborn children as Indian. Dr. Plecker sent a list of Indian
surnames to County registrars insisting they not allow anyone
with these surnames to register as White or Indian. He spent
decades changing the race designation on birth certificates and
other legal documents from Indian to Colored, Negro, or Free
Issue (a term used to describe former slaves after the Civil
War). He threatened hospitals, midwives, and registrars who
used the classification of Indian and was successful in getting
many Virginia Indians jailed for refusing to acquiesce to his
beliefs and change their racial classification. Consequently,
for 46 years, there was a systematic destruction of thousands
of records that traced and recorded the ancestry of Virginia's
Indians.

Schools

The importance of tribal schools established by several of
the tribes cannot be overlooked. During Reconstruction, the
administration of public schools was left to each county and
segregated schools were established in many areas of Virginia.
``White'' schools did not admit Indians but ``Colored'' schools
did; any Indian children attending them, however, as well as
their families, lost credibility to their claims as Indians.
Counties were often reluctant to fund Indian schools if the
Indian population was small, leaving it to the local Indian
community to raise funds for their own schools, send their
children to ``Colored'' schools, or not educate their children.

Ancestry

The evidence contained in numerous Congressional hearings
and reports establishes that these tribes are descended from
the historic tribes that occupied the Virginia coastline in
1607.\1\ When English settlers came ashore along the Virginia
coastline, they were received by approximately thirty Indian
tribes. Six of those tribes--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--are the subject of this bill.
From 1607 to 1646, the Chickahominy Indian Tribe lived
approximately 20 miles from Jamestown. The Mattaponi Indians,
who later joined the Chickahominy Indians, lived farther away.
In 1614, when the Chickahominy Indian Tribe entered into a
treaty of mutual aid with the English they resided on the
Chickahominy River. This was followed by another treaty entered
into in 1646 that forced the Chickahominy from their homeland
to the area around the York and Mattaponi Rivers in present-day
King William County. The history of the Chickahominy and
Mattaponi Indians was intertwined for many years thereafter. In
1677, the Chickahominy and Mattaponi Indians were subjects of
the Queen of Pamunkey when the Chickahominy and Mattaponi
Indians signed the Treaty of Middle Plantation with England,
which guaranteed the Indians civil rights, rights to gather
food, and property rights. The Colony of Virginia assigned a
reservation to the Chickahominy and Mattaponi Indians in 1695.
In 1787, Thomas Jefferson noted the Chickahominy Indians were
mixed with the Mattaponi Indians and nearby Pamunkey Indians.
---------------------------------------------------------------------------
\1\See H.R. 2345, the Thomasina E. Jordan Indian Tribes of Virginia
Federal Recognition Act of 2001, Hearing held Sept. 25, 2002; S. 2694,
the Thomasina E. Jordan Indian Tribes of Virginia Act of 2002, Hearing
held Oct. 9, 2002, S. Rept. 107-921; S. 1423, the Thomasina E. Jordan
Indian Tribes of Virginia Act of 2003, S. Rept. 108-259; S. 480, the
Thomasina E. Jordan Indian Tribes of Virginia Act of 2005, S. Rept.
109-576.
---------------------------------------------------------------------------

Chickahominy Indian Tribe

Despite the treaties, in 1702 the Chickahominy were forced
from their reservation, but in 1750 some members began to
migrate from King William County back to the area around the
Chickahominy River in New Kent and Charles City Counties where
they still reside today. In 1831, the names of the ancestors of
the modern-day Chickahominy Indian Tribe began to appear in the
Charles City County census records.
In 1901, the Chickahominy Indian Tribe formalized its
governing structure and has held regularly scheduled meetings
since. After the governing structure was formalized, the Tribe
began operating the Samaria Indian School in 1901. A tribal tax
assessment on Chickahominy men was used to build and maintain
the Samaria Indian School, buy supplies, and pay a teacher's
salary. In 1922, the State agreed to pay two-thirds of the
teachers' salaries at Samaria Indian School. On various
occasions in the 1930s and 1940s, the Chickahominy corresponded
with John Collier, Commissioner of Indian Affairs, requesting
assistance. Mr. Collier referred the matter to the Editor of
the Richmond-News Leader newspaper of Richmond, Virginia,
informing him that ``as a matter largely of historical
accident'' he was unable to assist them. In the early 1980s,
the Commonwealth of Virginia established an advisory committee
to examine Native issues. In 1983 the Commonwealth extended
recognition to the Tribe.

Chickahominy Indian Tribe-Eastern Division

The early history of the Chickahominy Indian Tribe-Eastern
Division is the same as that of the Chickahominy Indian Tribe,
as the two tribes acted as one until the early 1900s. Two fires
consumed all New Kent County records prior to 1870, but an
enclave of Indians in New Kent County are shown in the Virginia
Census of 1870. These are the ancestors of the Chickahominy
Indian Tribe-Eastern Division. In 1901, the Chickahominy Indian
Tribe (before the tribes were split) established the Samaria
Indian Baptist Church in 1901. When the Chickahominy Indian
Tribe was split into the Chickahominy Indian Tribe and the
Chickahominy Indian Tribe-Eastern Division in 1910, the
Chickahominy Indian Tribe-Eastern Division started a one-room
schoolhouse in New Kent County called the Boulevard Indian
School. The Eastern Division tribal government was officially
formed in 1920 and their church, the Tsena Commocko Baptist
Church was organized in 1922. In 1925, the tribe was
incorporated under a tax-exempt status. At this time, all
tribal males sixteen years of age and older began contributing
dues towards the financial operation of the tribe. In 1950, the
tribal school was closed and the children started attending
Samaria Indian School, but that school was closed in 1967 when
Virginia integrated its public school system. In the late
1970s, the tribe was awarded a grant from the U.S. Department
of Housing and Urban Development to buy two mobile homes to be
used as office and classroom space. Another grant from the
Administration of Native American Programs was used for the
purchase and improvement of office equipment and supplies. The
Tribe received state recognition in 1983.

Upper Mattaponi Tribe

The Upper Mattaponi Tribe shares its earlier history with
the Chickahominy Indian Tribe, as they were forced together
through treaties with the English. In 1695, the Chickahominy
and Mattaponi Indians were assigned a reservation by the
Virginia Colony but traded reservation land for land at a place
known as ``the cliffs,'' which today is still known as the
Mattaponi Indian Reservation. The Virginia Colony discontinued
funding of interpreters for the Chickahominy and Mattaponi
Indian Tribes in 1726, but James Adams, who served as an
interpreter to the Upper Mattaponi Indian Tribe, elected to
stay with the Upper Mattaponi Indians. Today, a majority of the
Upper Mattaponi Indians have ``Adams'' as their surname. A
federal census in 1850 showed ten Upper Mattaponi families
living in King William County, Virginia. King William County
records also indicate Upper Matttaponis residing in the County.
From 1884 to present, King William County marriage records
usually refer to Upper Mattaponis as ``Indians.''
Smithsonian anthropologist James Mooney indicated in 1901
that he had heard about the Upper Mattaponi Indians but did not
visit them. In 1928, University of Pennsylvania anthropologist
Frank Speck published a book on modern Virginia Indians with a
section on the Upper Mattaponis. 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. Due
to the activities of Dr. Plecker, however, the census also
contained an asterisk indicating that Indians did not exist in
Virginia. During the period of 1942 through 1945, the Upper
Mattaponi Indians fought against the induction of young men of
the Tribe into ``colored'' units in the Armed Forces of the
United States. Also during this time, a tribal roll for the
Upper Mattaponi Indians was compiled. From 1945 to 1946,
negotiations occurred to admit some of the young people of the
Upper Mattaponi to high schools for Federal Indians because no
high school coursework was available for Indians in Virginia
schools. In 1983, the Commonwealth extended formal recognition
to the Upper Mattaponi Indians.

Rappahannock Tribe, Inc.

Written documentation of the Rappahannock Tribe first
occurred when Captain John Smith was brought as a captive of
King Powhatan to the Rappahannock King Accapataugh at his
capital town, Tappahannock, on the Rappahannock River.
Consistent with a series of peace treaties, around 1651 the
Rappahannocks moved from the Rappahannock River to inland
sites. In 1682, as tributaries of Pamunkey, the Rappahannocks
became signators to the 1677 Treaty of Middle Plantation. By
order of the Colonial Council in 1682, they were moved to
Portobago Bay Indian Town, where they lived with the Portobago
Tribe and Nansittico Tribe. The Colonial Council ordered them
to move again in 1706; this time they moved back to their
traditional winter hunting grounds on the ridge between the
Rappahannock and Mattaponi Rivers, where they still reside.
During the 1760s, three Rappahannock girls were raised on
Thomas Nelson's Bleak Hill Plantation in King William County.
Of those girls, one married a Saunders man, one married a
Johnson man, and one had two children, Edmund and Carter
Nelson, fathered by Thomas Cary Nelson. It is these families to
which the modern day Rappahannock trace their descent. A few
tax records exist from 1819 and 1820 indicating that Edward
Bird, John Bird (and his wife), Carter Nelson, Edmund Nelson,
and Carter Spurlock (all Rappahannock ancestors) were listed on
the tax rolls of King and Queen County and taxed at the county
poor rate. These tax records are significant documentation
because the great majority of pre-1864 records for King and
Queen County were destroyed by fire. In 1870, St. Stephens
Baptist Church was constructed for the Rappahannocks and was
the primary church for the Rappahannocks until the Rappahannock
Indian Baptist Church was established in 1964.
During the early 1900s, noted anthropologist James Mooney
maintained correspondence with the Rappahannocks, surveying
them and instructing them on how to formalize their tribal
government. In 1920, Dr. Speck visited the Rappahannocks and
assisted them in organizing to fight for their sovereign
rights. They were granted a charter from the Commonwealth of
Virginia formalizing their tribal government in 1921. The
Rappahannocks established a formal school at Lloyds, Essex
County, Virginia in 1922. 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. 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. During the Second World War, the Pamunkeys,
Mattaponis, Chickahominies, and Rappahannocks had to fight the
draft boards with respect to their racial identities. In the
1940 Census, 118 members of the Rappahannock Tribe were
identified as ``Indian.'' An article in the Smithsonian
Institution Annual Report in 1948 entitled, ``Surviving Indian
Groups of the Eastern United States'' included and described
the Rappahannock Tribe. In the late 1940s and early 1950s, the
Rappahannocks operated a school at Indian Neck. The State
agreed to pay a tribal teacher to teach ten students bused by
King and Queen County to Sharon Indian School in King William
County, Virginia. In 1972, the Rappahannocks worked with the
Coalition of Eastern Native Americans to fight for federal
recognition. The Commonwealth of Virginia extended recognition
to the tribe in 1983.

Monacan Indian Nation

Documentation exists indicating the existence of the
Monacans from 1608, when Europeans first made contact with
them, and that the Monacan Indian Nation are descendants of the
Tribe that existed in the 1600s and for time immemorial before
that. One of the first written recordings of the Monacans was
made by Captain John Smith when he noted the existence of
Monacan towns on his map in 1608, describing the main town as
Russawmeake. Captain Smith also described an expedition by a
Mr. Newport to the Monacan area, which included two Monacan
towns: Monhemencouch and Massinacack. Another map was published
in 1651 still showing the existence of the Monacans but
indicating that they had shifted territory somewhat. In 1677,
the Monacans join other native groups in signing the Treaty of
Middle Plantation. The Treaty of Albany was signed in 1722,
which was intended to save the specified Virginia Indians,
including the Monacan, from extinction by the Iroquois. In
1790, the First National Census recorded Benjamin Evans and
Robert Johns, both ancestors of the present Monacan community
as they had married Monacan women, as ``white'' with mulatto
children. An 1850 Census recorded 29 families with Monacan
surnames and an 1870 Census indicates Indians living in Amherst
County, Virginia with the surname ``Beverly,'' a Monacan
surname. Likewise, an 1880 Census records six individuals named
``Johns'' (also a Monacan surname) as ``Indian.'' A 1920 Census
indicates 304 Indians living in Amherst County.
In 1870, a log structure was built at the Bear Mountain
Indian Mission. The structure became an Episcopal Mission and
is listed as a landmark on the National Register of Historic
Places. In 1920, 304 Amherst Indians were identified in the
United States census. From 1930 through 1931, numerous letters
from Monacans to the Bureau of the Census were sent in response
to the decision of Dr. Walter Plecker, former head of the
Bureau of Vital Statistics of the State of Virginia, not to
allow Indians to register as such for the 1930 census. 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. 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. 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.'' In 1979, a Federal Coalition
of Eastern Native Americans established the entity known as
``Monacan Co-operative Pottery'' at the Amherst Mission. The
Commonwealth of Virginia extended recognition to the Monacan
Tribe in 1989.

Nansemond Indian Tribe

Evidence documents that from 1607 until 1646, Nansemond
Indians lived approximately 30 miles from Jamestown, Virginia
and had significant contact with English settlers. In 1638, a
Norfolk County Englishman married a Nansemond woman. That man
and woman are the lineal ancestors of all members of the
Nansemond Indian tribe and even of some the Nansemonds who
lived further west. After 1646, the Nansemond Indians were
split into two divisions: the Christianized ones that remained
in Norfolk County, and the traditionalists that lived further
west. In 1669, the two Nansemond divisions appeared in Virginia
Colony's census of Indian bowmen. Joining several other Indian
tribes, the Nansemond Indians signed the Treaty of 1677 with
the King of England. The Colony of Virginia prevented the
Nansemonds and other Virginia Indians from negotiating separate
peace treaties with the Iroquois. Instead, Virginia represented
the Nansemonds and other tribes in the final Treaty of Albany
in 1722. Norfolk County granted William Bass and his family the
``Indian privileges'' in 1727 of clearing swamp land and
bearing arms because of his Nansemond ancestry. These
privileges were forbidden to non-Indians. William Bass was
issued a certificate of Nansemond descent in 1742. Norfolk
County issued William Bass another certificate of Indian and
English descent in 1797.
In 1833, a state law was passed--at the behest of their
local member of the Virginia House of Delegates--creating a
special racial category in which they could be certified by the
local county court. The category was officially called
``Persons of Mixed Blood, Not Being Free Negroes or Mulattos''
and the county clerk responsible for completing and filing the
required certificates simply classified the Nansemonds as
``Indians.'' A Methodist mission was established around the
1850s for the Nansemonds and is currently a standard Methodist
congregation with Nansemond members. Smithsonian anthropologist
James Mooney visited the Nansemonds in 1901 and completed a
tribal census that counted 61 households. In 1922, the
Nansemonds were given a special Indian school in the segregated
school system of Norfolk County. In 1928, University of
Pennsylvania anthropologist Frank Speck published a book on
modern Virginia Indians that included a section on the
Nansemonds. The Nansemonds were organized formally, with
elected officers, in 1984, and received state recognition in
1985.

Gaming

The six Virginia tribes agreed to a prohibition on gaming
and have repeatedly stated that they have no intention of
pursuing gaming at this time. Accordingly, H.R. 1385 provides
that the tribes are prohibited from conducting any gaming
pursuant to any inherent authority they may possess pursuant to
the Indian Gaming Regulatory Act, or any other federal law.

COMMITTEE ACTION

H.R. 1385 was introduced on March 9, 2009 by Representative
James Moran (D-VA). The bill was referred to the Committee on
Natural Resources. On March 18, 2009, the Committee on Natural
Resources held a hearing on H.R. 1385. The Committee received
testimony from the Hon. James Moran (D-VA); the Hon. Tim Kaine,
Governor, Commonwealth of Virginia; Mr. George Skibine, Bureau
of Indian Affairs; Chief Stephen Adkins, Chickahominy Indian
Tribe; and Ms. Helen Rountree, anthropologist.
On April 22, 2009, the Committee met to mark up H.R. 1385.
During the markup, Chairman Rahall (D-WV) offered an en bloc
amendment which was agreed to by voice vote. The Committee
favorably reported H.R. 1385, as amended, by voice vote.

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; Table of contents

Section 1 establishes the short title as the ``Thomasina E.
Jordan Indian Tribes of Virginia Federal Recognition Act of
2009'' and provides a table of contents.

TITLE I--CHICKAHOMINY INDIAN TRIBE

Section 101. Findings

Section 101 establishes a number of congressional findings
documenting the history of the Chickahominy Indian Tribe.

Section 102. Definitions

Section 102 provides definitions for the terms
``Secretary,'' ``Tribal Member,'' and ``Tribe'' for purposes of
Title I.

Section 103. Federal recognition

Section 103 extends federal recognition to the Chickahominy
Indian Tribe and provides that all federal laws and regulations
of general applicability to other Indian tribes apply to the
Chickahominy Indian Tribe and its members. It also provides
that the Tribe and its members shall be eligible for all
services and benefits provided by the federal government to
federally recognized Indian tribes. Finally, it defines the
Service Area of the tribe for the purpose of delivering federal
services to tribal members.

Section 104. Membership; governing documents

Section 104 establishes the membership roll and the
governing documents of the Chickahominy Indian Tribe as the
most recent roll and governing documents submitted to the
Secretary of the Interior before the date of enactment of this
Act.

Section 105. Governing body

Section 105 establishes the governing body of the
Chickahominy Indian Tribe as the governing body in place as of
the date of enactment of this Act or any subsequent governing
body elected in accordance with election procedures specified
in the governing documents of the Tribe.

Section 106. Reservation of the Tribe

Section 106 as amended establishes the reservation of the
Tribe as those lands that are held in fee by the Tribe that
were acquired by the Tribe on or before January 1, 2007.
Further, the Secretary may place in trust any lands within the
boundaries of specified counties on behalf of the Tribe. In
addition, the Tribe is prohibited from conducting gaming
pursuant to any inherent authority, the Indian Gaming
Regulatory Act, or any other federal law.

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

Section 107 provides that nothing expands, reduces, or
affects in any manner any hunting, fishing, trapping,
gathering, or water rights of the Tribe or its members.

Section 108. Jurisdiction of the Commonwealth of Virginia

Section 108 provides that the Commonwealth of Virginia will
exercise jurisdiction over all criminal offenses and civil
actions that occur on lands within the Commonwealth of Virginia
that are owned by or held in trust by the United States for the
Tribe. Further, this section provides the Secretary of the
Interior the authority to accept jurisdiction on behalf of the
United States from the Commonwealth of Virginia upon
verification that the tribe possesses the capacity to reassume
such jurisdiction.

TITLE II--CHICKAHOMINY INDIAN TRIBE--EASTERN DIVISION

Section 201. Findings

Section 201 establishes a number of congressional findings
documenting the history of the Chickahominy Indian Tribe--
Eastern Division.

Section 202. Definitions

Section 202 provides definitions for the terms
``Secretary,'' ``Tribal Member,'' and ``Tribe'' for purposes of
Title II.

Section 203. Federal recognition

Section 203 extends federal recognition to the Chickahominy
Indian Tribe-Eastern Division and provides that all federal
laws and regulations of general applicability to other Indian
tribes apply to the Chickahominy Indian Tribe-Eastern Division
and its members. It also provides that the Tribe and its
members shall be eligible for all services and benefits
provided by the federal government to federally recognized
Indian tribes. Finally, it defines the Service Area of the
tribe for the purpose of delivering federal services to tribal
members.

Section 204. Membership; governing documents

Section 204 establishes the membership roll and the
governing documents of the Chickahominy Indian Tribe-Eastern
Division as the most recent roll and governing documents
submitted to the Secretary of the Interior before the date of
enactment of this Act.

Section 205. Governing body

Section 205 establishes the governing body of the
Chickahominy Indian Tribe-Eastern Division as the governing
body in place as of the date of enactment of this Act or any
subsequent governing body elected in accordance with election
procedures specified in the governing documents of the Tribe.

Section 206. Reservation of the Tribe

Section 206 as amended establishes the reservation of the
Tribe as those lands that are held in fee by the Tribe that
were acquired by the Tribe on or before January 1, 2007.
Further, the Secretary may place in trust any lands within the
boundaries of specified counties on behalf of the Tribe. In
addition, the Tribe is prohibited from conducting gaming
pursuant to any inherent authority, the Indian Gaming
Regulatory Act, or any other federal law.

Section 207. Hunting, fishing, trapping, gathering, and water rights

Section 207 provides that nothing expands, reduces, or
affects in any manner any hunting, fishing, trapping,
gathering, or water rights of the Tribe or its members.

Section 208. Jurisdiction of the Commonwealth of Virginia

Section 208 provides that the Commonwealth of Virginia will
exercise jurisdiction over all criminal offenses and civil
actions that occur on lands within the Commonwealth of Virginia
that are owned by or held in trust by the United States for the
Tribe. Further, this section provides the Secretary of the
Interior the authority to accept jurisdiction on behalf of the
United States from the Commonwealth of Virginia upon
verification that the tribe possesses the capacity to reassume
such jurisdiction.

TITLE III--UPPER MATTAPONI TRIBE

Section 301. Findings

Section 301 establishes a number of congressional findings
documenting the history of the Upper Mattaponi Tribe.

Section 302. Definitions

Section 302 provides definitions for the terms
``Secretary,'' ``Tribal Member,'' and ``Tribe'' of Title III.

Section 303. Federal recognition

Section 303 extends federal recognition to the Upper
Mattaponi Tribe and provides that all federal laws and
regulations of general applicability to other Indian tribes
apply to the Upper Mattaponi Tribe and its members. It also
provides that the Tribe and its members shall be eligible for
all services and benefits provided by the federal government to
federally recognized Indian tribes. Finally, it defines the
Service Area of the tribe for the purpose of delivering federal
services to tribal members.

Section 304. Membership; governing documents

Section 304 establishes the membership roll and the
governing documents of the Upper Mattaponi Tribe as the most
recent roll and governing documents submitted to the Secretary
of the Interior before the date of enactment of this Act.

Section 305. Governing body

Section 305 establishes the governing body of the Upper
Mattaponi Tribe as the governing body in place as of the date
of enactment of this Act or any subsequent governing body
elected in accordance with election procedures specified in the
governing documents of the Tribe.

Section 306. Reservation of the Tribe

Section 306 as amended establishes the reservation of the
Tribe as those lands that are held in fee by the Tribe that
were acquired by the Tribe on or before January 1, 2007.
Further, the Secretary may place in trust any lands within the
boundaries of specified counties on behalf of the Tribe. In
addition, the Tribe is prohibited from conducting gaming
pursuant to any inherent authority, the Indian Gaming
Regulatory Act, or any other federal law.

Section 307. Hunting, fishing, trapping, gathering, and water rights

Section 307 provides that nothing expands, reduces, or
affects in any manner any hunting, fishing, trapping,
gathering, or water rights of the Tribe or its members.

Section 308. Jurisdiction of Commonwealth of Virginia

Section 308 provides that the Commonwealth of Virginia will
exercise jurisdiction over all criminal offenses and civil
actions that occur on lands within the Commonwealth of Virginia
that are owned by or held in trust by the United States for the
Tribe. Further, this section provides the Secretary of the
Interior the authority to accept jurisdiction on behalf of the
United States from the Commonwealth of Virginia upon
verification that the tribe possesses the capacity to reassume
such jurisdiction.

TITLE IV--RAPPAHANNOCK TRIBE, INC.

Section 401. Findings

Section 401 establishes a number of congressional findings
documenting the history of the Rappahannock Tribe, Inc.

Section 402. Definitions

Section 402 provides definitions for the terms
``Secretary,'' ``Tribal Member,'' and ``Tribe'' purposes of
Title IV.

Section 403. Federal recognition

Section 403 extends federal recognition to the Rappahannock
Tribe, Inc. and provides that all federal laws and regulations
of general applicability to other Indian tribes apply to the
Rappahannock Tribe, Inc. and its members. It also provides that
the Tribe and its members shall be eligible for all services
and benefits provided by the federal government to federally
recognized Indian tribes. Finally, it defines the Service Area
of the tribe for the purpose of delivering federal services to
tribal members.

Section 404. Membership; governing documents

Section 404 establishes the membership roll and the
governing documents of the Rappahannock Tribe, Inc. as the most
recent roll and governing documents submitted to the Secretary
of the Interior before the date of enactment of this Act.

Section 405. Governing body

Section 405 establishes the governing body of the
Rappahannock Tribe, Inc. as the governing body in place as of
the date of enactment of this Act or any subsequent governing
body elected in accordance with election procedures specified
in the governing documents of the Tribe.

Section 406. Reservation of the Tribe

Section 406 as amended establishes the reservation of the
Tribe as those lands that are held in fee by the Tribe that
were acquired by the Tribe on or before January 1, 2007.
Further, the Secretary may place in trust any lands within the
boundaries of specified counties on behalf of the Tribe. In
addition, the Tribe is prohibited from conducting gaming
pursuant to any inherent authority, the Indian Gaming
Regulatory Act, or any other federal law.

Section 407. Hunting, fishing, trapping, gathering, and water rights

Section 407 provides that nothing expands, reduces, or
affects in any manner any hunting, fishing, trapping,
gathering, or water rights of the Tribe or its members.

Section 408. Jurisdiction of the Commonwealth of Virginia

Section 408 provides that the Commonwealth of Virginia will
exercise jurisdiction over all criminal offenses and civil
actions that occur on lands within the Commonwealth of Virginia
that are owned by or held in trust by the United States for the
Tribe. Further, this section provides the Secretary of the
Interior the authority to accept jurisdiction on behalf of the
United States from the Commonwealth of Virginia upon
verification that the Tribe possesses the capacity to reassume
such jurisdiction.

TITLE V--MONACAN INDIAN NATION

Section 501. Findings

Section 501 establishes a number of congressional findings
documenting the history of the Monacan Indian Nation.

Section 502. Definitions

Section 502 provides definitions for the terms
``Secretary,'' ``Tribal Member,'' and ``Tribe'' for purposes of
Title V.

Section 503. Federal recognition

Section 503 extends federal recognition to the Monacan
Indian Nation and provides that all federal laws and
regulations of general applicability to other Indian tribes
apply to the Monacan Indian Nation and its members. It also
provides that the Tribe and its members shall be eligible for
all services and benefits provided by the federal government to
federally recognized Indian tribes. Finally, it defines the
Service Area of the Tribe for the purpose of delivering federal
services to tribal members.

Section 504. Membership; governing documents

Section 504 establishes the membership roll and the
governing documents of the Monacan Indian Nation as the most
recent roll and governing documents submitted to the Secretary
of the Interior before the date of enactment of this Act.

Section 505. Governing body

Section 505 establishes the governing body of the Monacan
Indian Nation as the governing body in place as of the date of
enactment of this Act or any subsequent governing body elected
in accordance with election procedures specified in the
governing documents of the Tribe.

Section 506. Reservation of the Tribe

Section 506 as amended establishes the reservation of the
Tribe as those lands that are held in fee by the Tribe that
were acquired by the Tribe on or before January 1, 2007.
Further, the Secretary may place in trust any lands within the
boundaries of specified counties on behalf of the Tribe. In
addition, the Tribe is prohibited from conducting gaming
pursuant to any inherent authority, the Indian Gaming
Regulatory Act, or any other federal law.

Section 507. Hunting, fishing, trapping, gathering, and water rights

Section 507 provides that nothing expands, reduces, or
affects in any manner any hunting, fishing, trapping,
gathering, or water rights of the Tribe or its members.

Section 508. Jurisdiction of the Commonwealth of Virginia

Section 508 provides that the Commonwealth of Virginia will
exercise jurisdiction over all criminal offenses and civil
actions that occur on lands within the Commonwealth of Virginia
that are owned by or held in trust by the United States for the
Tribe. Further, this section provides the Secretary of the
Interior the authority to accept jurisdiction on behalf of the
United States from the Commonwealth of Virginia upon
verification that the Tribe possesses the capacity to reassume
such jurisdiction.

TITLE VI--NANSEMOND INDIAN TRIBE

Section 601. Findings

Section 601 establishes a number of congressional findings
documenting the history of the Nansemond Indian Tribe.

Section 602. Definitions

Section 602 provides definitions for the terms
``Secretary,'' ``Tribal Member,'' and ``Tribe'' for purposes of
Title VI.

Section 603. Federal recognition

Section 603 extends federal recognition to the Nansemond
Indian Tribe and provides that all federal laws and regulations
of general applicability to other Indian tribes apply to the
Nansemond Indian Tribe and its members. It also provides that
the Tribe and its members shall be eligible for all services
and benefits provided by the federal government to federally
recognized Indian tribes. Finally, it defines the Service Area
of the tribe for the purpose of delivering federal services to
tribal members.

Section 604. Membership; governing documents

Section 604 establishes the membership roll and the
governing documents of the Nansemond Indian Tribe as the most
recent roll and governing documents submitted to the Secretary
of the Interior before the date of enactment of this Act.

Section 605. Governing body

Section 605 establishes the governing body of the Nansemond
Indian Tribe as the governing body in place as of the date of
enactment of this Act or any subsequent governing body elected
in accordance with election procedures specified in the
governing documents of the Tribe.

Section 606. Reservation of the Tribe

Section 606 as amended establishes the reservation of the
Tribe as those lands that are held in fee by the Tribe that
were acquired by the Tribe on or before January 1, 2007.
Further, the Secretary may place in trust any lands within the
boundaries of specified counties on behalf of the Tribe. In
addition, the Tribe is prohibited from conducting gaming
pursuant to any inherent authority, the Indian Gaming
Regulatory Act, or any other federal law.

Section 607. Hunting, fishing, trapping, gathering, and water rights

Section 607 provides that nothing expands, reduces, or
affects in any manner any hunting, fishing, trapping,
gathering, or water rights of the Tribe or its members.

Section 608. Jurisdiction of the Commonwealth of Virginia

Section 608 provides that the Commonwealth of Virginia will
exercise jurisdiction over all criminal offenses and civil
actions that occur on lands within the Commonwealth of Virginia
that are owned by or held in trust by the United States for the
Tribe. Further, this section provides the Secretary of the
Interior the authority to accept jurisdiction on behalf of the
United States from the Commonwealth of Virginia upon
verification that the tribe possesses the capacity to reassume
such jurisdiction.

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.

CONSTITUTIONAL AUTHORITY STATEMENT

Article 1, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is 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.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:

H.R. 1385--Thomasina E. Jordan Indian Tribes of Virginia Federal
Recognition Act of 2009

Summary: H.R. 1385 would provide federal recognition to six
Indian tribes in Virginia--the Chickahominy Indian Tribe, the
Eastern Division of the Chickahominy Indian Tribe, Upper
Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan
Indian Nation, and the Nansemond Indian Tribe. Federal
recognition would make the tribes eligible to receive benefits
from various federal programs. CBO estimates that implementing
this legislation would cost $65 million over the 2010-2014
period, assuming appropriation of the necessary funds. Enacting
H.R. 1385 would not affect direct spending or revenues.
H.R. 1385 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1385 is shown in the following table.
The costs of this legislation fall within budget functions 450
(community and regional development) and 550 (health).

----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2010 2011 2012 2013 2014 2010-2014
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Bureau of Indian Affairs:
Estimated Authorization Level.................. 3 3 3 3 3 15
Estimated Outlays.............................. 2 3 3 3 3 14
Indian Health Service:
Estimated Authorization Level.................. 10 10 10 11 11 52
Estimated Outlays.............................. 9 10 10 11 11 51
Total Changes:
Estimated Authorization Level.............. 13 13 13 14 14 67
Estimated Outlays.......................... 11 13 13 14 14 65
----------------------------------------------------------------------------------------------------------------

Basis of estimate: For this estimate, CBO assumes that H.R.
1385 will be enacted near the end of fiscal year 2009. H.R.
1385 would provide federal recognition to six Indian tribes in
Virginia. Such recognition would allow the tribes, with
membership totaling about 4,200 people, to receive benefits
from various programs administered by the Bureau of Indian
Affairs (BIA) and the Indian Health Service (IHS). Based on the
average per capita expenditures by those agencies for other
Indian tribes, CBO estimates that implementing H.R. 1385 would
cost $65 million over the 2010-2014 period, assuming
appropriation of the necessary funds.
Bureau of Indian Affairs: BIA provides funding to federally
recognized tribes for various purposes, including child welfare
services, adult care, community development, and general
assistance. In total, CBO estimates that providing BIA services
would cost $14 million over the 2010-2014 period, assuming
appropriation of the necessary funds. This estimate is based on
per capita expenditures for other federally recognized tribes
located in the eastern United States.
Indian Health Service: H.R. 1385 also would make members of
the tribes eligible to receive health benefits from the IHS.
Based on information from the IHS, CBO estimates that about 56
percent of tribal members--or about 2,400 people--would receive
benefits each year. CBO assumes that the cost to serve those
individuals would be similar to funding for current IHS
beneficiaries--about $4,000 per individual in 2009. Assuming
appropriation of the necessary funds and adjusting for
anticipated inflation, CBO estimates that IHS benefits for the
tribes would cost $51 million over the 2010-2014 period.
Other Federal agencies: In addition to BIA and IHS funding,
certain Indian tribes also receive support from other federal
programs within the Departments of Education, Housing and Urban
Development, Labor, and Agriculture. Based on their status as
tribes recognized by Virginia, the tribes specified in the bill
are already eligible to receive funding from those departments.
Thus, CBO estimates that implementing H.R. 1385 would not add
to the cost of those programs.
Intergovernmental and private-sector impact: H.R. 1385
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Leigh Angres--Bureau
of Indian Affairs, Robert Stewart--Indian Health Service;
Impact on State, Local, and Tribal Governments: Melissa
Merrell; Impact on the Private Sector: Marin Randall.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.

COMPLIANCE WITH PUBLIC LAW 104-4

This bill contains no unfunded mandates.

EARMARK STATEMENT

H.R. 1385 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or (f) of rule XXI.

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local, or
tribal law.

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing
law.

ADDITIONAL AND DISSENTING VIEWS

H.R. 1385 extends recognition to six tribes in the
Commonwealth of Virginia that seek recognition as the
descendants of historic tribes that had treaty relations with
the colonists of Virginia and the King of England. Before the
House proceeds further with this bill, several key issues
should be thoroughly addressed.
First, more information is needed as to who the present-day
tribes and their members petitioning for recognition are. Two
hearings (one in the 111th Congress on H.R. 1385 and one in the
110th on similar legislation) have not cleared this up. This
leads to a related question: is every member of these tribes an
Indian descendant of one of the historic tribes of Virginia?
The answer to this question is unclear because the Committee
has neither analyzed nor received from the Department of the
Interior a reasonable analysis of the records necessary for a
fully informed decision to recommend that the full House pass
H.R. 1385. Apart from this incomplete record, the
appropriateness and justification for recognizing six Indian
tribes in Virginia have not been fully considered. There also
seems to be a lack of justification for considering the
petitions of the Virginia groups prior to the petitions of
other groups. About nine groups that submitted petitions
seeking recognition under the Bureau of Indian Affairs'
regulatory process have completed their petitions; in this
respect, they are more prepared for a final determination than
the Virginia tribes. There seem to be few, if any, objective
criteria for considering recognition bills in the Committee.
More hearings are in order for H.R. 1385 before sending it
to the House Floor. In the hearing held on March 18, 2009, the
Committee received a lot of testimony from a witness for the
six petitioners, from the Governor of Virginia, a historian,
and the Department of the Interior. All provided interesting,
often passionate, statements. It was especially troubling to
learn of a dark era in the Commonwealth's history when racial
integrity laws suppressed the identification of Indian
Virginians. Although the Department provided no position on the
bill in its brief statement on H.R. 1385, the Administration
witness did remark that all six groups have petitioned for
recognition with the BIA, but none have completed this process.
This means the Department lacks completely documented petitions
from the six tribes.
H.R. 1385 contains ample lists of congressional findings
about the history of the six groups, but there is no
requirement to verify that members of these tribes are Indian
people who descend from historic Virginia tribes. The
definition of ``tribal member'' in H.R. 1385 does not even
require the individual to be of Indian ancestry. According to
information provided to the Committee, the tribes' policies or
laws generally require Indian ancestry to be members. The
legislation, however, does not require that the Secretary of
the Interior verify that the groups' members actually descend
from historic Virginia tribes. The House should consider
amending the bill to require that any entity recognized as a
tribe must be able to document that its members are Indian
people who descend from the historic tribes residing in the
area that is now present-day Virginia.
A final and broader concern with H.R. 1385 is that what
Congress does with this bill could well affect the Committee's
ongoing work to address the Supreme Court decision in Carcieri
v. Salazar. Members of the Committee who were present for the
April 1 hearing on this matter learned that the Supreme Court
held that the Secretary of the Interior has no authority to
acquire lands into trust for tribes not under federal
jurisdiction in 1934, except when authorized by a specific Act
of Congress. As a result, the Secretary can no longer acquire
lands in trust without a specific Act of Congress for tribes
recognized after 1934, and the trust status of the lands of
such tribes might be open to challenge.
The six Virginia tribes were not under federal jurisdiction
in 1934. Thus, anything done with H.R. 1385, could set a
precedent for resolving Carcieri. Under H.R. 1385, lands placed
in trust for the Virginia tribes will be secure; meanwhile,
lands held in trust or proposed for trust by other tribes
recognized many years ago, are not secure. This kind of
inconsistency in federal Indian policy is the kind that led to
the Carcieri controversies in the first place.
If the solution to Carcieri is to deal with each and every
post-1934 tribe's trust land application separately in
Congress, then H.R. 1385 is appropriate. If the solution is to
provide the Secretary of Interior with appropriate authority to
acquire lands in trust, then H.R. 1385 is not appropriate.
While the Committee has held a hearing on Carcieri, there
seems to be no consensus on how to resolve it. We have received
no testimony from the Department, and none of the tribes,
states, counties, cities, private land owners and other
concerned interests have had an opportunity to testify in the
Committee as of the time the report for H.R. 1385 is filed.
It would be wise to postpone Floor action of any
recognition bills until the Committee acquires a better
understanding of the impacts of Carcieri and what to do about
it.
Doc Hastings.