US Codex
Pub. L.
Notes

Title III — Upper Mattaponi Tribe

115th Congress · Approved Jan 29, 2018 · 132 Stat. 40 · Lineage

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 two groups was intertwined for many years thereafter;
(8)
in 1695, the Chickahominy and Mattaponi Indians—
(A)
were assigned a reservation by the Virginia Colony; and
(B)
traded land of the reservation for land at the place known as “the cliffs” (which, as of the date of enactment of this Act, is the Mattaponi Indian Reservation), which had been owned by the Mattaponi Indians before 1661;
(9)
in 1711, a Chickahominy boy attended the Indian School at the College of William and Mary;
(10)
in 1726, the Virginia Colony discontinued funding of interpreters for the Chickahominy and Mattaponi Indian Tribes;
(11)
James Adams, who served as an interpreter to the Indian tribes known as of the date of enactment of this Act as the “Upper Mattaponi Indian Tribe” and “Chickahominy Indian Tribe”, elected to stay with the Upper Mattaponi Indians;
(12)
today, a majority of the Upper Mattaponi Indians have “Adams” as their surname;
(13)
in 1787, Thomas Jefferson, in Notes on the Commonwealth of Virginia, mentioned the Mattaponi Indians on a reservation in King William County and said that Chickahominy Indians were “blended” with the Mattaponi Indians and nearby Pamunkey Indians;
(14)
in 1850, the census of the United States revealed a nucleus of approximately 10 families, all ancestral to modern Upper Mattaponi Indians, living in central King William County, Virginia, approximately 10 miles from the reservation;
(15)
during the period of 1853 through 1884, King William County marriage records listed Upper Mattaponis as “Indians” in marrying people residing on the reservation;
(16)
during the period of 1884 through the present, county marriage records usually refer to Upper Mattaponis as “Indians”;
(17)
in 1901, Smithsonian anthropologist James Mooney heard about the Upper Mattaponi Indians but did not visit them;
(18)
in 1928, University of Pennsylvania anthropologist Frank Speck published a book on modern Virginia Indians with a section on the Upper Mattaponis;
(19)
from 1929 until 1930, the leadership of the Upper Mattaponi Indians opposed the use of a “colored” designation in the 1930 United States census and won a compromise in which the Indian ancestry of the Upper Mattaponis was recorded but questioned;
(20)
during the period of 1942 through 1945—
(A)
the leadership of the Upper Mattaponi Indians, with the help of Frank Speck and others, fought against the induction of young men of the Tribe into “colored” units in the Armed Forces of the United States; and
(B)
a tribal roll for the Upper Mattaponi Indians was compiled;
(21)
from 1945 to 1946, negotiations took place to admit some of the young people of the Upper Mattaponi to high schools for Federal Indians (especially at Cherokee) because no high school coursework was available for Indians in Virginia schools; and
(22)
in 1983, the Upper Mattaponi Indians applied for and won State recognition as an Indian tribe.

SEC. 302. 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.— The term “Tribe” means the Upper Mattaponi Tribe.

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.

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. 305. 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. 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 3 years of the date which the Tribe submits a request for land to be taken into trust under subsection (a)(2) and shall immediately make that determination available to the Tribe.
(c)
Reservation Status.— Any land taken into trust for the benefit of the Tribe pursuant to this paragraph shall, upon request of the Tribe, be considered part of the reservation of the Tribe.
(d)
Gaming.— The Tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission.

SEC. 307. Hunting, Fishing, Trapping, Gathering, and Water Rights.

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