Cheroenhaka (Nottoway) Indian Tribe of Southampton County, Virginia, Federal Recognition Act

Bill Number: H.R. 5144
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Native Americans
Status: Introduced
Latest Action: 2025-09-04: Referred to the House Committee on Natural Resources.
Last Updated: 2026-06-04T08:08:57Z

AI-Generated Summary

Purpose

The legislation aims to grant federal recognition to the Cheroenhaka (Nottoway) Indian Tribe of Southampton County, Virginia, acknowledging their historical presence and overcoming barriers from past state policies that hindered recognition. This recognition would affirm the tribe's status as a sovereign entity under U.S. law, providing access to federal benefits and services without requiring a formal reservation.

Key Provisions

Findings Section: Congress outlines 31 historical facts supporting the tribe's continuity, including archaeological evidence dating back to A.D. 900, early colonial contacts (e.g., 1608), treaties (e.g., 1677 Woodland Plantation Treaty and 1713 Spotswood Treaty), land grants (e.g., 41,000 acres in 1705), state recognition in 2010, and modern efforts like cultural presentations and publications. It highlights challenges like the 1924 Virginia Racial Integrity Act, which used "paper genocide" (reclassifying Native Americans as "colored" on records) to erase identities.
Definitions: Defines key terms, including the "Secretary" (Secretary of the Interior), "Tribal citizen" (enrolled members as of enactment), and "Tribe" (the Cheroenhaka (Nottoway) Indian Tribe of Southampton County, Virginia).
Federal Recognition: Extends full federal recognition to the tribe, applying all general U.S. laws for Native American tribes (e.g., the Indian Reorganization Act of 1934) unless they conflict with this act.
Federal Services and Benefits: Makes the tribe and its members eligible for all federal services and benefits available to recognized tribes, regardless of whether they have a reservation. The service area for delivering these will be set in consultation with the Secretary within 120 days of enactment.
Membership and Governing Documents: Uses the tribe's most recent membership roll and governing documents (constitution and bylaws) submitted to the Secretary before enactment.
Governing Body: Recognizes the current governing body or any future one elected under the tribe's procedures.
Land into Trust: Allows the Secretary to take tribe-owned land (acquired before January 1, 2007, and located in Southampton County) into federal trust upon request, potentially designating it as a reservation. A decision must be made within 3 years.
Gaming Prohibition: Bars the tribe from operating casinos or gaming under federal law, including the Indian Gaming Regulatory Act.
Hunting, Fishing, and Other Rights: States that the act does not change any existing rights of the tribe or members related to hunting, fishing, trapping, gathering, or water use.

Significant Changes to Existing Law

Bypasses the standard Bureau of Indian Affairs (BIA) federal acknowledgment process, which the tribe began in 2002 but faced delays due to historical record gaps from discriminatory state policies.
Introduces a specific exemption for land-into-trust requests limited to pre-2007 acquisitions in Southampton County, streamlining what is typically a lengthy and discretionary process under the Indian Reorganization Act.
Explicitly prohibits gaming, differing from the broader allowances under the Indian Gaming Regulatory Act for other recognized tribes.

Potential Impacts

On Government Agencies: The Department of the Interior (including the BIA) will need to provide services, consult on a service area, and process land trust requests, potentially increasing administrative workload but affirming federal trust responsibilities.
On Citizens: Over 325 tribal citizens gain access to federal health, education, housing, and economic development programs, improving opportunities for a community with documented historical land loss and relocation.
On International Relations: No direct impact, as the act focuses on domestic tribal recognition.
Broader Effects: Could encourage cultural preservation and education in Virginia, given the tribe's ongoing activities like powwows and historical presentations reaching over 1.5 million people via media.

Main Stakeholders Affected

The Tribe and Its Citizens: Primary beneficiaries, gaining legal status, benefits, and potential land protections.
U.S. Department of the Interior and BIA: Responsible for implementation, including consultations, trust decisions, and service delivery.
State of Virginia and Local Governments: Already state-recognized since 2010; federal status may enhance tribal-state relations, as seen in past treaty tributes and proclamations from counties like Southampton and Sussex.
Historians and Cultural Institutions: Benefits from validated historical records, supporting sites like the National Museum of the American Indian (where the tribe is honored).

Notable Legal, Constitutional, or Political Implications

Legal: Establishes the tribe as a federally recognized entity with limited sovereignty, enabling self-governance but restricting gaming to avoid economic controversies. The land trust provision invokes federal plenary power over Indian affairs, potentially setting a precedent for tribes affected by historical discrimination.
Constitutional: Aligns with Congress's authority under Article I, Section 8 (to regulate commerce with Indian tribes) and treaty powers, reinforcing the U.S. government's trust obligation to Native nations amid past injustices like forced reclassification.
Political: Politically neutral in tone, it acknowledges Virginia's indigenous history without partisan framing, but could influence debates on tribal recognition by highlighting "paper genocide" as a barrier, possibly aiding other state-recognized tribes in seeking federal status. No major controversies noted, though the gaming ban may limit economic development options.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Kiggans, Jennifer A. [R-VA-2]

Cosponsors (3)

Rep. Scott, Robert C. "Bobby" [D-VA-3], Rep. Wittman, Robert J. [R-VA-1], Rep. Salazar, Maria Elvira [R-FL-27]

Recent Actions

2025-09-04: Referred to the House Committee on Natural Resources.
2025-09-04: Introduced in House
2025-09-04: Introduced in House

Bill Versions

Cheroenhaka (Nottoway) Indian Tribe of Southampton County, Virginia, Federal Recognition Act — issued 2025-09-04 — PDF (14 pages)