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They were here before Virginia was called Virginia, but the federal government still doesn't recognize them.
In late 2014, the Congressional Black Caucus objected to plans by the US Department of the Interior to grant Federal recognition to the Pamunkey tribe because the Pamunkey tribal law had allowed new spouses married to a tribal member to live on the reservation - but not if the spouse was black.
No member of the Pamunkey Indian Tribe shall intermarry with anny (sic) Nation except White or Indian under penalty of forfeiting their rights in Town. The Pamunkey and Mattaponi initially relied upon the administrative recognition process for Federal recognition. The Bureau of Indian Affairs regulations require extensive documentation of continuous tribal existence throughout time. To compensate for the lack of historical documentation that would meet the Bureau of Indian Affairs requirements, the Chickahominy, Eastern Chickahominy, Monacan, Nansemond, Rappahannock, and Upper Mattaponi sought special legislation directly from Congress for Federal recognition of those six Virginia tribes. Four Republican members who represented Congressional districts affected by recognition of those six tribes were not co-sponsors at the time of the 2015 hearing. To justify action by the US Congress, Virginia tribes highlighted how written documentation was unreliable in their circumstances. A federally recognized tribe is an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and is eligible for funding and services from the Bureau of Indian Affairs. Historically, most of today’s federally recognized tribes received federal recognition status through treaties, acts of Congress, presidential executive orders or other federal administrative actions, or federal court decisions.


In 1978, the Interior Department issued regulations governing the Federal Acknowledgment Process (FAP) to handle requests for federal recognition from Indian groups whose character and history varied widely in a uniform manner.
Also in 1994, Congress enacted Public Law 103-454, the Federally Recognized Indian Tribe List Act (108 Stat. Since 2007, both Republican and Democratic legislators from Virginia sponsored Federal recognition bills.
Executive Branch officials have recommended that all Virginia tribes must go through that agency's administrative process to grant recognition. MGM held a State of Maryland license to operate the gambling casino at National Harbor on the Potomac River. Late in 2015, the Washington Post revealed that the tribe was negotiating with a casino developer as the Department of the Interior was making the final decision on Federal recognition.
The only logical source for funding the proposed increase in the tribal budget was a corporation making a speculative investment, planning to shape a future decision to allow casino gambling on the Pamunkey reservation. Though the tribe conceivably could negotiate with Virginia and Federal officials, ultimately opening a competing casino on the Pamunkey River, there is no guarantee that the site could attract enough customers to be profitable. Gambling at the racetrack was not popular enough to draw enough customers out of the urban areas, and the profits from OTB operations did not offset the costs of hosting races at Colonial Downs. MGM may have anticipated the tribe could open a casino not at the reservation on the Pamunkey River, but at a location more convenient for customers.


Opposition to Federal recognition of the Pamunkey Tribe came from non-gambling sectors as well. The US Department of the Interior revised the regulations for considering evidence of historical tribal integrity.
In October, 2015, a non-government organization called Stand Up for California filed an appeal with the Interior Department to block the decision to recognize the Pamunkey tribe.
During the time required for the Interior Board of Indian Appeals to consider the appeal, the tribe was unable to access any Federal programs that might have been made available after recognition. Jordan Indian Tribes of Virginia Federal Recognition Act was introduced yet once again in 2015, to bypass the administrative process and legislatively grant Federal recognition to those six tribes. Wittman's bill was co-sponsored by a fellow Republican from the 2nd District, which included the Eastern Shore and Virginia Beach. Frank Wolf (who represented the 10th District between 1981-2015) claimed Federal recognition could lead to casino gambling authorized under the Indian Gaming Regulatory Act of 1988, even though tribes recognized after 1988 must comply with state laws and Virginia bans such gambling. Tilley, "Virginia’s Indian nations: Policy issues and solutions for future generations," Virginia Issues and Answers, Vol.



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