The Cheroenhaka (Nottoway) Indian Tribe of Virginia Federal Recognition Act
IN THE HOUSE OF REPRESENTATIVES
September 17, 2024
Mrs. Kiggans of Virginia introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To extend Federal recognition to the Cheroenhaka (Nottoway) Indian Tribe of Virginia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. Short title.
This Act may be cited as the “Cheroenhaka (Nottoway) Indian Tribe of Virginia Federal Recognition Act”.
SEC. 2. Findings.
Congress finds as follows:
(1) The Cheroenhaka-Nottoway has more than 300 Tribal citizens on its rolls, all of whom, via a paper trail, can document their genealogical line to an ethno-historic surname of the Cheroenhaka (Nottoway) Tribe.
(2) The Tribe owns 263 acres of “Tribal” land in Southampton County, Virginia, which is a part of its originally granted 41,000 acres by the Virginia House of Burgesses in 1705.
(3) The Virginia, the Racial Integrity Act of 1924, under the direction of the Virginia Bureau of Vital Statistics, reclassified American Indians to “colored” or “mulatto” This reclassification has created genealogical gaps, making it nearly impossible for Virginia Tribes to gain Federal recognition via the Bureau of Indian Affairs process.
(4) The Cheroenhaka (Nottoway) signed a stand alone treaty with Virginia’s Provincial Lieutenant Governor Alexander Spotswood on April 23, 1713, that required a “Peace Tribute” be delivered to the Governor of the Virginia on April 23rd annually.
(5) The Tribe has presented this tribute to the governor on the 299th, 300th, 301st, 302nd, 303rd, 304th, 305th, 306th, 307th, 308th, 309th, 310th, and 311th anniversaries of the treaty.
(6) The Cheroenhaka (Nottoway) were the only Tribe in the Commonwealth of Virginia to have a recorded Gubernatorially Mandated Special Census that took place on the Tribal reservation in 1808.
(7) The Cheroenhaka (Nottoway) are an officially recognized Tribe by the Commonwealth of Virginia.
(8) The Hand Site Excavation (44SN22)—in Southampton County carbon dates the ancestors of the Cheroenhaka (Nottoway) Indian Tribe of Southampton County, Virginia to around 1580. It is believed this site existed in 700 AD.
(9) The Cheroenhaka (Nottoway) Indian Tribe made first ethno-historic contact with the English in 1607–1608 in what is now Nottoway County, Virginia. The English were looking for information germane to Roanoke Island … the “Lost Colony”.
(10) In the Seventeenth Century, the Iroquoian Speaking Tribes occupied lands east of the Fall Line on the inner Coastal Plains of Southeastern Virginia. These tribes were the Cheroenhaka (Nottoway), the Meherrin and the Tuscarora.
(11) The Cheroenhaka (Nottoway) Indian Tribe’s King and Great Men/Chief Men signed three treaties: The Treaty of 1646; 1677 in addition to the above mentioned 1713, Spotswood Treaty.
(12) In 1705, the House of Burgess granted two tracks of “Reservation Land” to the Cheroenhaka (Nottoway) Indian Tribe—the Circle Track (18,000 acres) and Square Track (23,000 acres) totaling some 41,000 acres of Reservation Land. The two tracks of land fell within the confines of what was then Isle of Wight County—now Southampton and Sussex Counties.
(13) In July of 1808, the Governor of the Commonwealth of Virginia mandated a “Special” Cheroenhaka (Nottoway) Indian Census be taken of those Indians living on the remaining reservation lands (approx. 7,000 + acres) of the Cheroenhaka (Nottoway) Indian Reservation in what is now Courtland, Virginia, formerly named “Jerusalem”.
(14) In 1816, new trustees were appointed for the Cheroenhaka (Nottoway) Indians. These Trustees were empowered to make reasonable rules and regulations for the government of the tribe and for the expenditure of the money held in trust for them, which was to continue so long as any number of the tribe were living. Any funds remaining on hand were then to be paid into the public treasury.
(15) On December 7, 2002, the Cheroenhaka (Nottoway) Indian Tribe filed a letter of intent with the Bureau of Indian Affairs (BIA), Office of Federal Acknowledgement (OFA) announcing that it would be filing for Federal Recognition via the OFA.
SEC. 3. Definitions.
In this Act:
(1) SECRETARY.—The term “Secretary” means the Secretary of the Interior.
(2) TRIBAL CITIZEN.—The term “Tribal citizen” means—
(A) an individual who is an enrolled member of the Tribe as of the date of the enactment of this Act; and
(B) an individual who is placed on the membership rolls of the Tribe in accordance with this Act.
(3) TRIBE.—The term “Tribe” means the Cheroenhaka (Nottoway) Indian Tribe of Virginia.
SEC. 4. 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 Act shall be applicable to the Tribe and Tribal citizens.
(b) Federal services and benefits.—
(1) IN GENERAL.—The Tribe and Tribal citizens 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.—The service area for the purpose of the delivery of Federal services to Tribal citizens shall be determined in coordination and consultation with the Secretary not later than 120 days after the date of the enactment of this Act.
SEC. 5. 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 the enactment of this Act.
SEC. 6. 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. 7. Reservation of the Tribe.
(a) In general.—Upon the request of the Tribe, the Secretary of the Interior 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 Southampton 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) 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 section 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. 8. 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. 9. Hunting, fishing, trapping, gathering, and water rights.
Nothing in this Act expands, reduces, or affects in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and Tribal citizens.