Nottoway Indian Tribe of Virginia Federal Recognition Act

Bill Number

H.R. 5327

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Native Americans

Status

Introduced

Latest Action

2025-09-11: Referred to the House Committee on Natural Resources.

Last Updated

2025-12-13T09:07:03Z

AI-Generated Summary

Purpose of the Legislation

The primary purpose of H.R. 5327, titled the "Nottoway Indian Tribe of Virginia Federal Recognition Act," is to grant federal recognition to the Nottoway Indian Tribe of Virginia, Incorporated. This recognition acknowledges the tribe's historical and continuous existence as a distinct Native American community, allowing it to access federal protections, services, and benefits available to other federally recognized tribes. The bill also outlines specific conditions for governance, land management, and limitations on certain activities.

Key Provisions

• Historical Findings (Section 2): The bill includes extensive documentation of the Nottoway Tribe's history, dating back to the 1500s. It highlights their interactions with European colonists, treaties (e.g., Treaty of 1646 and Articles of Peace in 1677), military service (e.g., in the French and Indian War and American Revolution), land reservations (e.g., 40,000 acres designated in 1705), cultural persistence, legal battles against trustee mismanagement, state recognition in 2010, and modern community efforts like cultural centers and powwows. These findings establish the tribe's legitimacy and continuity despite colonial disruptions, racial reclassifications, and land losses.

• Definitions (Section 3):
• "Secretary" refers to the Secretary of the Interior (head of the U.S. Department of the Interior, which oversees federal Indian affairs).
• "Tribal member" includes those enrolled as of the bill's enactment or added per tribal rules.
• "Tribe" means the Nottoway Indian Tribe of Virginia, Incorporated.

• Federal Recognition (Section 4): Extends full federal recognition to the tribe, applying all U.S. laws and regulations for federally recognized Indian tribes (e.g., the Indian Reorganization Act of 1934, which supports tribal self-governance). The tribe and members become eligible for federal services and benefits, such as health care, education, and housing programs, without needing a reservation. The service area for these benefits covers seven Virginia counties: Nottoway, Southampton, Sussex, Surry, Isle of Wight, Franklin, and Dinwiddie.

• Membership and Governing Documents (Section 5): Uses the tribe's most recent membership roll and governing documents submitted to the Secretary before enactment.

• Governing Body (Section 6): Recognizes the current tribal governing body or any future one elected under the tribe's own procedures.

• Reservation and Land into Trust (Section 7):
• The Secretary must take into trust (hold in federal ownership for the tribe's benefit) any tribe-owned land acquired by January 1, 2022, in specified Virginia counties, if requested.
• The Secretary may take additional tribe-owned land in those counties into trust.
• Such land can become part of a tribal reservation upon request.
• Decisions on additional land must be made within three years of the tribe's request.

• Gaming Prohibition (Section 8): The tribe is barred from operating casinos or gaming activities under federal law, including the Indian Gaming Regulatory Act (which regulates tribal gaming on reservations).

• Hunting, Fishing, Trapping, Gathering, and Water Rights (Section 9): The bill does not change or impact any existing rights of the tribe or members in these areas.

• Indian Child Welfare Act of 1978 (Section 10): The bill does not affect a specific provision (Section 109) of this law, which addresses invalid contracts related to child custody proceedings involving Indian children.

Significant Changes to Existing Law

• From State to Federal Recognition: The tribe received state recognition from Virginia in 2010, but this bill elevates it to federal status, a major shift. Previously, the tribe lacked access to federal Indian law protections and benefits; now, general federal laws for tribes apply unless they conflict with this act.
• Land Trust Process: Introduces a mandatory and discretionary process for placing tribal land into federal trust, which protects it from state taxation and zoning while allowing tribal control. This reverses historical land losses due to colonial trustees and sales.
• No Gaming Rights: Explicitly prohibits gaming, differing from many recognition acts that allow it under federal regulations, limiting the tribe's economic options compared to other tribes.
• Preservation of Other Rights: Maintains the status quo for non-land-related rights (e.g., hunting and child welfare), avoiding broader alterations to federal or state laws.

Potential Impacts

• On Government Agencies: The Department of the Interior (via the Bureau of Indian Affairs) will gain responsibilities for administering federal services, processing land trust requests, and overseeing compliance. This could increase administrative workload and funding needs for tribal programs in Virginia.
• On Citizens and Tribal Members: Up to several hundred Nottoway descendants (based on historical records) gain eligibility for federal benefits like healthcare through the Indian Health Service, education grants, and housing assistance. It affirms cultural identity and self-governance, potentially improving community resources through the tribe's existing cultural center and programs.
• On Local and State Levels: Virginia counties in the service area may see tribal-led projects (e.g., environmental or educational initiatives) and land use changes if trust lands are established, possibly affecting local property taxes (trust lands are exempt). No direct impact on non-tribal citizens.
• On International Relations: None apparent; the bill focuses on domestic tribal recognition and historical U.S. ties.

Main Stakeholders Affected

• Nottoway Indian Tribe of Virginia and Members: Primary beneficiaries, gaining federal status, benefits, and land protections to support cultural preservation and self-determination.
• U.S. Federal Government (Department of the Interior): Responsible for implementation, including land trusts and service delivery.
• State of Virginia and Local Governments: The tribe's state-recognized status is enhanced; counties may collaborate on tribal projects but lose tax revenue on trust lands.
• Descendant Families and Native American Community: Historical families (e.g., Turner, Woodson lines) and broader Virginia Native groups benefit from affirmed continuity, potentially inspiring similar recognitions.
• Historical and Cultural Institutions: Entities like the Smithsonian, National Park Service, and Virginia Council on Indians are indirectly supported through recognition of documented history and sites (e.g., Millie Woodson-Turner Home Site).

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Reinforces federal Indian law principles, treating the tribe as a "dependent sovereign" (as in historical treaties), with land trust providing immunity from state jurisdiction on those lands. The gaming ban limits sovereignty in economic development, potentially requiring future amendments. It codifies membership via existing rolls, avoiding disputes over descent rules (e.g., historical matrilineal traditions).
• Constitutional Implications: Aligns with the U.S. Constitution's Indian Commerce Clause (Article I, Section 8), which gives Congress plenary power over tribes. Recognition upholds treaty obligations and equal protection by addressing past racial reclassifications (e.g., under Virginia's 1924-1930 laws), without challenging state authority outside federal benefits.
• Political Implications: Represents restorative justice for a tribe diminished by colonialism, trustee abuses, and Jim Crow-era policies, promoting equity for underrepresented Native groups. It could set a precedent for other state-recognized tribes seeking federal status but signals caution (e.g., no gaming) to ease passage amid debates on tribal economics. Politically neutral in partisanship, it builds on bipartisan support for Native recognition.

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

Sponsor

Rep. McClellan, Jennifer L. [D-VA-4]

Cosponsors (1)

Rep. Scott, Robert C. "Bobby" [D-VA-3]

Recent Actions

• 2025-09-11: Referred to the House Committee on Natural Resources.
• 2025-09-11: Introduced in House
• 2025-09-11: Introduced in House

Bill Versions

• Nottoway Indian Tribe of Virginia Federal Recognition Act — issued 2025-09-11 — PDF (23 pages)