[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9630 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9630
To extend Federal recognition to the Cheroenhaka (Nottoway) Indian
Tribe of Virginia, and for other purposes.
_______________________________________________________________________
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.
<all>